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HomeMy WebLinkAbout5100-5149RESOLUTION NO. 5149 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 1983, WITH THE SCHOOL GOVERNING BOARDS AND SPECIAL DISTRICTS ELECTION TO BE HELD ON SAID DATE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Board of Supervisors of the County of San Luis Obispo is hereby requested to order the consolidation of the General Municipal Election with the School Governing Boards and Special Districts election to be held on Tuesday, November 8, 1983, and said Board of Supervisors is authorized hereby to canvass the returns of the election hereby called and the election shall be held in all respects as if there were only one election and one form of ballot, namely the ballot used at such primary election shall be used. The precincts, polling places and 'officers of election for the General Municipal Election hereby called shall be the same as those provided for said School Governing Boards and Special Districts election and as set forth in Section 23312 of the Elections Code. Said Board of Supervisors shall certify the results of the canvass of the returns of such General Municipal Election to the Council of the City of San Luis Obispo, which shall thereupon declare the results thereof. SECTION 2. The Board of Supervisors is hereby requested to issue instructions to the County Clerk and Registrar of Voters to take any and all steps necessary for the holding of said General Municipal Election. The City will pay its pro rata share of extra costs incurred by the County in consolidating the elections pursuant to Section 51350 of the Elections Code. R 5149 Resolution No.514 83 Series) J Page 2 SECTION 3. The City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San Luis Obispo. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution. 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 5th day of July f 1983. ATTEST: J 4 ILA) v CITY PLERK PAMELA V S Ap ved: Q Y ."s City Administrative Officer R 5149 6001-cl Olef i RESOLUTION NO. 5148 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 1983. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows• SECTION 1. Pursuant to Section 302 of the City Charter, a General Municipal Election shall be held Tuesday, November 8, 1983, to fill the following elective offices: (a) Mayor - two (2) year term (b) Two (2) Councilmembers - four (4) year terms each and to vote on any other measure placed on the ballot by the Council. SECTION 2. For purposes of this election the polls shall be open from 7:00 a.m. to 8:00 p.m. SECTION 3. Pursuant to Section 10012 of the Elections Code, each candidate may submit with the nomination papers a Statement of Qualifi- cations of the candidate of no more than 200 words, which statement will be printed and mailed out with the sample ballot at no cost to the candidate. SECTION 4. Pursuant to Section 2807 subsection 1 (f) of the City's Campaign Elections Regulations (Ordinance 903), each candidate may submit with the nomination papers an additional 400 word supplement to the Statement of Qualifications setting forth the candidate's stand on local issues. Said supplement will be printed and mailed out with the sample ballot at no cost to the candidate. SECTION 5. Pursuant to Sections 4015.5 and 5014.5 of the Elections Code, rebuttal arguments will be permitted, and shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. R 5148 Resolution No. 514,' �c983 Series) Page 2 SECTION 6. The City Clerk shall certify to the passage and adoption of this Resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Election Code. 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 5th day of July , 1983. ATTEST: CITY CLERK PAMELA V E Approved: City Administrative Officer RESOLUTION NO. 5147 (1983 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: Sewerline Improvement Project, PROJECT: Higuera St.- Nipomo to Chorro Chorro CITY PLAN NO. F -13 and E -17 St.- Higuera to San Luis Creei Pacific St.- Chorro to Morro,Morro St Mcific to Buchon ESTIMATE: $57,500..00 (F -13) BUDGET ACCOUNT: 52- 7062- 733(F13) BIDDER: $54;635.00 (E -17) BID AMOUNT: 52- 7062- 733(E17) Madonna Construction Company 5�;33398 (I7) SECTION 2. That the City Clerk is directed to prepare the 'appropriate 7 documents for signature by the successful bidder and the Mayor. 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 5th day of July , APPROVED: Q City Administrative Offi er - z4� 1!� 4:� Ci y At rn Fi nazl ect or J r ty N1 '` gineer' z r R 7, r /t'Icz�! ©rr�ci �'or�s� �ir)a�iC� � _ � J fi=r %� . C RESOLUTION N0. 5146 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council hereby accepts the bid and authorizes the Mayor to sign a contract on behalf of the City for the following: PROJECT: Foothill /Chorro /Santa Rosa Storm CITY PLAN NO. E -04B Drain, Phase III ESTIMATE:$45,000 BUDGET ACCOUNT: (90)20- 5071- 000(E04B) BIDDER• Cecil Construction Company BID AMOUNT: $30,703.00 SECTION 2. That the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman 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 5th day of Ju APPROVED: Paa.A�S City Administrative Offic r City At e Finance Dir for v m r� Resolution No. 5145 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING BIPARTISAN LEGISLATION IN THE CONGRESS OF THE UNITED STATES WHICH PLACES A MORATORIUM ON OFFSHORE OIL DRILLING ON THE OUTER CONTINENTAL SHELF (OCS) WHEREAS, the economic vitality of San Luis Obispo County is dependent on commercial fishing, recreation, tourism and agriculture; and WHEREAS, San Luis Obispo County and each city located therein also possess clean air that will be degraded by offshore oil drilling activi- ties resulting in violations of the State and federal air quality health standards because of weaknesses in the current federal Department of the Interior OCS air quality regulations; and WHEREAS, Central California has a spectacular scenic coastline which is also a critical habitat for diverse bird and marine life, deserving of protection and preservation, including the threatened southern sea otter; and WHEREAS, offshore oil development in Central California coastal waters poses a serious threat to the coastal economy of San Luis Obispo County because of impacts from projected oil spills, degradation of air quality resources and conflicts with other uses of the offshore and coastal areas; and WHEREAS, there is bipartisan support for a moratorium on drilling in sensitive areas of the outer contintental shelf as evidenced by introduction of H.R. 2059, S. 760 and S. 1103 in the United States Congress; and WHEREAS, the above - mentioned bills would place a moratorium on offshore drilling activity on the outer continental shelf in central and northern California north of the Santa Maria River (N808) to the Oregon border and on certain other areas of California and Massachusetts; and R 5145 Resolution No. 514 ;1983 Series) Page 2 WHEREAS, the above - mentioned legislation will allow scientific exploration and other scientific activities; and WHEREAS, the above - referenced legislation does not include sensi- tive tracts south of N808 between the coast and Lease Sale 53, tracts now being considered by the Department of the Interior for lease under Sale Number 73; NOW, THEREFORE, BE IT RESOLVED that the City of San Luis Obispo hereby adopt this resolution in support of H.R. 2059, S. 760 and S. 1103 and urge that these bills be amended to include the nine tracts south of the Santa Maria River (N808) which are between the coast and Lease Sale 53 which are included for lease in Sale 73. On motion of Councilwoman Dovey , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 21st day of June , 1983. Irl A RESOLUTION NO. 5144 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE SAN LUIS OBISPO BUSINESS IMPROVEMENT AREA AND THOMAS L. JONES, DBA TOM JONES CREATIVE ADVERTISING, FOR CERTAIN ADVERTISING SERVICES TO BE PERFORMED BY THOMAS L. JONES TO ASSIST BIA 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 Thomas L. Jones, doing business as Tom Jones Creative Adver- tising, 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: Thomas L. Jones Robert Corcoran, BIA Administrator Finance Director On motion of Councilman Griffin , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 21st day of June , 1983. ATTEST: ,Z.0's/6 LI CITY CLERK PAMELA 0 'PES R 5144 * * * * * * * * ** Ea,u.ta City Administrative ffic , -, —,44-/ /__ City Attor ey i � ON"NM /L Finance Director D AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and, entered into this 21st day of June, 1983, by and between the SAN LUIS OBISPO DOWNTOWN BUSINESS IMPROVEMENT AREA, hereinafter called "BIA," and THOMAS L. JONES, doing business as TOM JONES CREATIVE ADVERTISING, hereinafter called "Consultant," providing for certain advertising services to be performed by Consultant to assist BIA; WITNESSETH: WHEREAS, BIA requires certain advertising services to promote its activities and desires to employ Consultant to perform those services; and WHEREAS, Consultant is willing to perform those services; NOW, THEREFORE, in consideration of these facts, the parties mutually agree as follows: 1. SERVICES TO BE PERFORMED BY CONSULTANT: Consultant will perform the following advertising services: a. Creative Services (ideas, copywriting) b. Coordinate Radio /TV /Newspaper campaigns C. Assist the BIA in planning advertising budgets d. Assist with promotional planning e. Place all advertising for the various BIA campaigns f. Provide professional advertising and promotional consistency g. Attend the BIA promotional committee meetings h. Supervise all radio and TV production i. Verify advertising charges prior to the invoices being approved for payment C,, j. Assist the advertising committee in communicating with the BIA membership 2. TERM OF AGREEMENT: The term of this agreement shall be from July 1, 1983, to June 30, 1984, unless terminated earlier by either party by fifteen (15) days' written notice. 3. ADDRESSES: For purposes of notice under this agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: BIA: Business Improvement Area % City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 Attn: City Clerk and BIA Administrator CONSULTANT: Tom Jones Creative Advertising 11555 Los Osos Valley Road, C -3 San Luis Obispo, CA 93401 4. COMPENSATION: Consultant shall be compensated for professional services outlined in Section 1 above at the rate of Two Hundred Fifty Dollars ($250.00) per month for the term.of this agreement. Except for reimbursement of actual charges for typesetting, film, processing and other authorized expenses, Consultant shall receive no other compensation or reimburse- ment from the BIA for performance hereunder. 5. ASSIGNMENT: There is an agreement for professional services based upon personal performance of the Consultant and is not assignable without prior written consent of the BIA. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the date first written above. CONSULTANT: TOM JONES CREATIVE ADVERTISING By.�% THOMAS L. JONES SAN LUIS OBISPO DOWNTOWN BUSINESS IMPROVEMENT AREA ATTEST: 1 t: CITY-CLM PAMELA GEF MAVOR I C. BILLIG RESOLUTION NO. 5143 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SAN LUIS OBISPO SWIM CLUB, INC. FOR USE OF SWIMMING POOL AT SINSHEIMER PARK FROM JULY 1, 1983, THROUGH JUNE 30, 1984. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and San Luis Obispo Swim Club, Inc. is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo Swim Club, Inc., City Finance Director, City Director of Recreation. On motion of Councilwoman Dovey , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this ..21st, day of June , 1983. ATTEST: City C eik Pamela Voge - APPROVED: City Administrative 0 ficer City tto ey Finance Director /YG Dir ctor of Recreation R 5143 1' AGREEMENT USE OF MUNICIPAL SWIMMING POOL AT SINS_HEIMER PARK THIS AGREEMENT; made and entered into this 21st day of June , 1983, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter "City ") and the SAN LUIS OBISPO SWIM CLUB, INC., also known as the SAN LUIS OBISPO SEA HAWKS, an educational, non - profit, tax - exempt corpora- tion headquartered in the City of San Luis Obispo (hereinafter, "Club "). WITNESSETH: WHEREAS, City is the owner and operator of the Municipal Swimming Pool located at Sinsheimer Park (hereinafter "Pool ").; and WHEREAS, City desires that all residents of San Luis Obispo with interests in any manner of aquatic activities, including competitive swimming, have the opportunity to make use of Pool; and WHEREAS, Club makes available aquatic training and competitive experience as well as other aquatic activities to all members of the community and has indicated its desire to make Pool its home facility; NOW, THEREFORE, in consideration of the mutual promises, agreements, convenants and conditions herein set forth, City and Club hereby mutually agree and covenant as follows: 1. City hereby grants to Club the use of Pool for team workouts during the hours of 5:45 to 7:15 A.M. and 3:00 to 6:30 P:M. during the school term and 6:00 to 9:30 A.M. and 4:30 to 6:30 P.M. during non - school months. This use is limited to Monday through Saturday. This use is not necessarily exclusive and the Club will share Pool during these hours .with non - conflicting groups if scheduled by mutual agreement with the Director of Parks and Recreation. 2. Club agrees to pay the City rent as follows: A. For the months of: JUNE, JULY and AUGUST $100 per month B. For the months. of: SEPTEMBER through MAY $ 95 per month C. If Club and City agree that Club may use Pool at times in addition to those set out above, the rental for the additional time shall be $20.00 per month hour; i.e., one hour Pei day, Monday through Saturday for one month. 3. TERM AND RENEWAL A. The term of this agreement shall be one (1) year, to commence on July 1, 1983. B. This agreement may be.renewed on the same terms and conditions on a year -to -year basis upon mutual consent of the parties hereto. 4. City hereby further grants the Club the use of Pool to host certain swim meets. Swim meets dates must be submitted to the office of the Parks. and Recreation Department a minimum of sixty (60) days prior to the date of the event to accommodate possible rescheduling. Club shall have exclusive use of Pool and pool facilities for scheduled swim meets. Swim meets shall be held only on Fridays, Saturdays and Sundays; provided that no meet will begin earlier than 4:30 P.M. on Fridays or end later than 8:00 P.M. on Sunday. 5. City agrees to provide the additonal custodial.functions required during a swim meet. 6. In consideration for the pool time and these services during swim meets, the Club agrees to pay City according to the following schedule of rates: A. Sanctioned Swim Meets 1. Friday $40.00 2. Saturday $90.00 - 2 3. Sunday a. Meets ending before 1:00 P.M. $40.00 b. Meets ending after 1:00 P.M. $60.00 B. Sanctioned Dual or Inter -squad Meets: „ Each day held (usually a one partial day meet) $25.00 7. City agrees to grant Club concession rights during meets mentioned above. In consideration for concession rights, Club agrees that no food sales or food consumption will be allowed on deck and Club agrees to pay City ten percent (10 %) of gross sales of any product sold during meets. 8. City hereby grants the Club the right, with no liability to the City for loss or damage, to store at Pool such aquatic paraphernalia that is associated with the Club's program. The storage thereof shall not interfere with normal City operation of other aquatic programs. Storage area shall be approved by the Director of Parks and Recreation. 9. Club agrees to furnish,. for its ouch use, any and all aquatic parapher- nalia it deems necessary to conduct a safe training and competitive program. Such property, including fixtures that are not an integral part of Pool, shall remain the property of the Club and shall not be used by any other group without the written permission first being granted by the Club. Any equipment provided by the Club to the City on a permanent basis shall be covered by separate agreements. 10. Club shall.furnish any and all personnel necessary to conduct its aquatic workouts and swim meets. Personnel may include, but not be limited to, coaches, lifeguards, and meet officials. 11. Club retains the right to expand its program to meet the needs of the community as outlined in its corporate articles and bylaws. Any expansion of programs will not.change use times or rental rates as described herein except as provided for in Section 2 of this agreement. - 3 12. Club shall be responsible for damage, excepting normal wear and tear, if the damage occurs during the time Club is using Pool and the damage arises out of and is in connection with Club's use of Pool. 13.. Club shall notify the City if its tax - exempt and non - profit status should change. 14. City and /or Club may terminate this agreement without the other party's consent by giving six months written notice. 15. Notices under this agreement shall be sent by certified mail, return receipt requested, postage prepaid, addressed as follows: CITY: Office of the City Clerk City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 CLUB: San Luis Obispo Swim Club, Inc_. Board of Directors P.O. Box 142 San Luis Obispo, CA 93406 16. Club shall indemnify and save haress City from a all ll claims, demands and judgments arising out of any injury to any person or property occurring in, on, or about Pool premises arising out of Club's use or occupancy of the facilities. Club shall not hold City harmless for responsibility for damages or injury arising solely out of City's negligent acts or omissions. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above- written. ATTEST: CityJ Clerk Pamela V es SAN LUIS OBISPO SWIM CLUB, INC. BY: C� ft � -- kk Name b Title; kl%-A VAW..mi kxw pmS1Dk,jT CITY OF SAN LUIS OBISPO APPROVED: I p4L41 0- A21&= City Administrative Officei ME W, 5 pm I ON! � k ZIMM, a I - 6115ctor of creation - Sw , ��,, �' /� � � ,-� O���r,�� �,a;ti �; �•% RESOLUTION NO. 5142 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING FEES FOR THE USE OF LAGUNA LAKE GOLF COURSE AND SUPERSEDING RESOLUTION NO. 3716 (1978 SERIES). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the following fee schedule is hereby adopted for the use of the Laguna. Lake Municipal Golf Course: 9 Holes 18 Holes Weekends Weekends Weekdays Holidays Weekdays Holidays $2.50 $3.00 $4.50 $5.50 Monthly Single Couple Family* $25.00 $35.00 $50.00 *Family membership is limited to four persons over the age of 17 with an additional $10.00 charge for more than four members. SECTION 2. The fees established by this resolution shall become effective July 1, 1983. SECTION 3. Resolution No. 3716 (1978 Series) is hereby superseded. SECTION 4. The City Clerk is directed to furnish certified copies of this resolution to the Pro at the Laguna Lake Municipal Golf Course, to the Recreation Department and to the Finance Department. On motion of Councilwoman Dovey , seconded by Councilman , and on the following roll call vote: AYES; Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 21st day of June , 1983. ATTEST: J2" V City C rk Pamela Voge R 5142 Resolution No. 5142 APPROVED: p""p— Q Y22�� City.Administrative Offlicer City Atto ey (1983 Series) Z-a 11--e 61� RESOLUTION NO. 5141 (1983 Series) A RESOLUTION OF THE COUNCIL ADOPTING THE APPROPRIATION OF FEDERAL REVENUE SHARING FUNDS ENTITLEMENT 14 FOR THE 1983 -84' FISCAL YEAR . BE IT RESOLVED by the Council of the City of San. Luis Obispo that the Federal Revenue Sharing Appropriations as detailed in Exhibit "A" attached, are hereby .adopted for the fiscal year July 1, 1983, thru June 30, 1984. On mot -ion of Councilman Dunim and on the following roll call vote: seconded by .Councilman Griffin AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT:. Councilman Settle. the foregoing Resolution was passed and adopted this.2lst.day of June 1983. ATTEST: CITY CLERK PAMELA I GE wo, City Administrative Officer City A=to ney Acting Finance Dirtor R 5141 1983 -84 CAPITAL IMPROVEMENT PROGRAM FEDERAL REVENUE SHARING FUND__ ENTITLEMENT 14 1. CREEK 111PROVEMENTS tight spots estimated carryover: minor waterways 83 -84 appropriation: (projects approved based upon estimated total: Council adoption of Flood. Management Policy Statement. and Action Plan) 2. POLICE FACILITY EXPANSION furnishings TOTAL APPROPRIATION ENTITLEMENT #14 estimated carryover: 83' -84 appropriation: EXHIBIT "A" 1983 -84 APPROPRIATION $130,000 170,000 170,000 300,000 -0- 15,000 15,000 185,000 i/� QESOLUTION NO. '5140(1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIS,PO ADOPTING THE APPROPRIATION FOR THE CAPITAL IMPROVEMENT PROGRAM FOR THE 1983 -84 FISCAL YEAR BE IT RESOLVED by the Council of the City of San Luis Obispo that the Capital Improvement Appropriations as detailed in schedules attached,. are hereby-adopted for the fiscal yea='July 1, 1983, thru June 30, 1984. Street & Sidewalk Funds Gas Tax 2106 /2107 Fund $ 310,600 Sales Tax TDA Fund 193,000 $ 503,600 Capital Outlay Fund $ 550,000 Municipal Water Fund 300,000 Municipal Sewer Fund 290,000 .$1,140, -000 Total Capital Improvement Funds $1,643,600 On motion of Councilwoman Dovey seconded by Mayor Billig and on the following roll call vote: AYES: Councilwoman Dovey, Mayor Billig, Councilmembers Dunin and Griffin NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and ATTEST: / CITY CLERK PAMELA V E APP ,,V n: City Administratyive Offficerl y _ City .at "ney Acting Finance Di {Ictor 1st day of June 1983. (} n --D A n C R 5140 _ _. _,._ .: _ Jam's 1983 -84 CAPITAL IMPROVEMENT PROGRAM FEDERAL REVENUE SHARING FUND $806,000 ESTIMATED FUNDS AVAILABLE 1983 -84 1983 -84 APPROPRIATION 1. CREEK IMPROVEMENTS - tight spots estimated carryover: $1309000 - minor waterways 83 -84 appropriation: 170,000 170,000 (projects approved based upon estimated total: 3009000 Council adoption of Flood Management Policy Statement and Action Plan) 2. MISSION PLAZA (Nipomo Phase) accumulated funds for estimated carryover: 3379000 expansion of Mission Plaza 83 -84 appropriation: 100,000 100,000 along San Luis Creek between estimated total: 437,000 Broad and Nipomo /; &vg�/' Cl-eek, Aeoyog nJ iiriPreuemen�5 3. bANDACQUISITION to be used to purchase estimated carryover: -0- parcels deemed to be required 83 -84 appropriation: 300,000 300,000 for public purposes estimated total: 300,000 4. NEW OR UNRESERVED EQUIPMENT Purchase of key equipment or estimated carryover: vehicles pursuant to a master 83 -84 appropriation: plan for fleet management estimated total: 5. PARKS DEVELOPMENT reserved funds for the estimated carryover: development of various parks 83 -84 appropriation: pursuant to the parks estimated total: master plan -0- 100,000 100,000 100,000 100,000 100,000 100,000 200,000 6. UNALLOCATED BALANCE funds available for project contingencies and supplemental 83 -84 appropriation: 36,000 36,000 funding upon development of specific priority lists TOTAL 806,000 E -4 76 -9 1983 -84 CAPITAL IMPROVEMENT PROGRAM CAPITAL OUTLAY FUND $550,000 ESTIMATED FUNDS AVAILABLE 1983 -84 1983 -84 APPROPRIATION M 1. PROJECT -PLANNING arts ctr estimated carryover: 35,000 - S.P. Project 83-84-appropriation: 100,000 1009000 - Fire Training Facility estimated total: 135,000 - Strategic Planning Phase II - Aerial Photo - Downtown Transit Facility EIR 2. SINSHEIMER PARK SWIMMING POOL Phase II and III -- con §frucfion estimated carryover: 410,000 of bath house and solar grant funding: 222,666 heating package 83 -84 appropriation: -0- -0- estimated total: 632,666 3. CAPITAL REPAIR AND REPLACEMENT (25% of capital outlay each yr) estimated carryover: -0- - City Hall Improvements (35,000)83 -84 appropriation: 137,000 137,000 - Mission Plaza (23,000) estimated total: 137,000 - Fire Station (20,000) - Recreation Centers (35,000) - Park Facilities (14,000) - Library Maintenance (10,000) 4. ONE -TIME CONTRACT TREE MAINTENANCE - California Blvd. estimated carryover: -0- - Los Osos Valley Rd. 83 -84 appropriation: 28,000 28,000 - Madonna Road estimated total: 28,000 - Murray Street 5. COMMUNITY PROJECTS MATCHING FUNDS City contributions to projects estimated carryover: -0- which are jointly sponsored 83 -84 appropriation: 30,000 30,000' with private groups; e.g., estimated total: 30,000 median improvements 6. EMERGENCY GENERATORS P.D. (35,000) estimated carryover: -0- City Hall (A71 006) 83 -84 appropriation: 85,000 85,000 Fire Dept. (23,000) estimated total: 85,000 E -5 /O i 1983 -84 CAPITAL IMPROVEMENT PROGRAM CAPITAL OUTLAY FUND $550;000 ESTIMATED FUNDS AVAILABLE 1983 -84 7. SINSHEIMER PARKING LOT paving and striping of Sinsheimer Park parking lot 8. LIBRARY RESERVE accumulated funds for new library facility with matching county resources estimated carryover: 83 -84 appropriation: estimated total: estimated.carryover: 83 -84 appropriation: estimated total: 1983 -84 APPROPRIATION -0- 50,000 50,000 50,000 -0- 100,000 100,000 100,000 9. UNALLOCATED BALANCE 83 -84 appropriation: 20,000 20,000 funds available for project contingencies and supplemental fund }ng upon development of specific priority lists TOTAL *This account will be supplemented from the unallocated account based upon specific project proposals. E -6 550,000 7h-// 1983 -84 CAPITAL IMPROVEMENT PROGRAM STREETS AND SIDEWALK FUNDS $503,600 ESTIMATED FUNDS AVAILABLE 1983 -84 1. PROJECT PLANNING estimated carryover: -0- funding for feasibility 83 -84 appropriation: 25,000 studies and design of capital estimated total: 25,000 projects 2.* STREET RECONSTRUCTION estimated carryover: 25,000 City will continue its program 83 -84 appropriation: 175,000 of maintaining and improving estimated total: 200,000 streets according to a priority list approved by City Council 3. STREET DRAINAGE estimated carryover: 90,000 correction of inadequate storm 83 =84 appropriation: 110,000 drainage on various streets estimated total: 200,000 according to a priority list approved by City Council 4. LOS OSOS VALLEY RD. estimated carryover: 86,000 City matching funds for Los 83 -84 appropriation: 30,000 Osos Valley Rd. overpass. City estimated total: 116,000 matching requirement is 12�% of total project costs 5. TRAFFIC SIGNAL MODIFICATION this program npgiad6s obsolete traffic signals on an ongoing systematic basis. This year, the signal at Pismo and Higuera will be upgraded (10,000). In addition, 15 new signal controller units will be placed at downtown traffic signals (60,000). estimated carryover: -0- 83-84 appropriation: 70,000 estimated total: 70,000 6. DOWNTOWN BEAUTIFICATION estimated carryover: (Chorro Street Phase- 83 -84 appropriation: demonstration project) estimated total: 7. MISSION -STYLE SIDEWALK. estimated carryover: matching account for property 83 -84 appropriation: owners who install Mission estimated total: Plaza -style sidewalk E -7 61,000 20,000 81,000 -0- 20,000 20,000 1983 -84 APPROPRIATION 25,000 175,000 110,000 30,000 70,000 20,000 20,000 i 6 —/.:z 1983 -84 CAPITAL IMPROVEMENT PROGRAM STREETS AND SIDEWALK FUNDS $503,600 ESTIMATED FUNDS AVAILABLE 1983 -84 1983 -84 APPROPRIATION 8. SIDEWALK.REPAIR PROGRAM estimated carryover: -0- an ongoing program which 83 -84 appropriation: 20,000 20,000 provides the City share of estimated total: 20,000 sidewalk repair for damage by tree roots 9. REMOVAL OF BARRIERS estimated carryover: -0- TO THE DISABLED 83 -84 appropriation: 5,000 5,000 an ongoing program to depress estimated total: 5,000 ' curbs (for wheelchair mobi- lity) at street corners in areas of1high pedestrian volume 10. UNALLOCATED BALANCE funds available for project 83 -84 appropriation: 28,600 28,600 contingencies and supplemental funding upon development of specific priority lists TOTAL 503,600 * Above funds do not include $150,000 anticipated from FE)64A as reimbursement for flood damage, thus bringing the total budget for street reconstruction to $350,000 for FY 1983 -84. E -8 7b -13 n 1983 -84 CAPITAL IMPROVEMENT PROGRAM PUBLIC UTILITIES MUNICIPAL WATER SYSTEM 1983 -84 APPROPRIATION 1. PROJECT PLANNING estimated carryover: 50,000 feasibility and design of 83 -84 appropriation: -0- -0- projects including: estimated total: 50,000 - water treatment plant expansion - Salinas Reservoir dam gates - Cuesta Grade wells 2. NEW REGULATIONS & STANDARDS This includes engineering estimated carryover: 50,000 design of the lining and cover 83 -84 appropriation: -0- -0- of Reservoir #2; engineering estimated total: 501000' design for the Bishop Street reservoir which will be used as a balancing reservoir pri- marily for the purpose of increased fireflow 3. CAPITAL REPAIR &REPLACEMENT - an ongoing program of cor- estimated carryover: 45,000 recting waterline deficiency 83 -84 appropriation: 300,000 300,000 according to a priority list estimated total: 345,000 reviewed and approved by City Council (245,000) - waterline quarterly assistance;._ projects: this program pro- vides assistance funds to developers to correct water- line deficiencies prior to development (100,000) 4. SYSTEM EXPANSION City contribution to development projects for construction of oversized water mains to meet the future needs of the City 5. STENNER CANYON HYDROELECTRIC PROJECT estimated carryover: 83 -84 appropriation: estimated total: estimated carryover: 83 -84 appropriation: estimated total: E -9 20,000 -0- -0- 20,000 904,000 -0- -0- 904,000 C 1983 -84 CAPITAL IMPROVEMENT PROGRAM PUBLIC UTILITIES . . MUNICIPAL.WATER SYSTEM 1983 -84 APPROPRIATION 6. UNALLOCATED BALANCE funds available for project 83 -84 appropriation: -0- -0- contingencies and supplemental funding upon development of specific priority lists TOTAL 300,000 E -10 7b -/S 1983 -84 CAPITAL IMPROVEMENT PROGRAM PUBLIC UTILITIES MUNICIPAL SEWER SYSTEM $290,000 ESTIMATED FUNDS AVAILABLE 1983 -84 1983 -84 APPROPRIATION 1. PROJECT PLANNING estimated carryover: 10,000 funding for feasibility 83 -84 appropriation: -0- -0- studies for sewer system estimated total: 10,000 capital projects 2. NEW REGULATIONS estimated carryover: 700,000 AND STANDARDS 83 -84 appropriation: -0- -0- modifications and improvements estimated total: 7009000 to the Sewer Treatment Plant under a federal EPA grant to meet wastewater discharge requirements. 3. CAPITAL REPAIR estimated carryover: 525,000 AND REPLACEMENT 83 -84 appropriation: -0- -0- - an ongoing program to replace estimated total: 525,000 undersized and deteriorated sewer lines on a priority basis (375,000) - an ongoing program to replace or repair deteriorated equip- ment and structures at the sewer treatment plant pursuant.. to a priority list (150,000) 4. OTHER CAPITAL estimated carryover: 30,000 This includes: 83 -84 appropriation: 110,000 110,000 - backhoe (40,000) estimated total: 140,000 - vacuum flusher truck (100,000) 5. UNALLOCATED BALANCE funds available for project 83 -84 appropriation: 180,000 180,000 contingencies and supplemental funding upon development of specific priority lists TOTAL 290,000 E -11 -/b 1983 -84 CAPITAL IMPROVEMENT PROGRAM OTHER PROJECT FUNDING 1. DOWNTOWN PARKING PROGRAM a. Downtown Parking Garage construction of a parking structure with approximately 440 parking spaces, a five - screen movie theatre and 5,000 square feet of retail/ commercial space. N estimated cost: $5.6 million to be funded through a Parking Revenue bond issue of approximately $8 million; payment to come from downtown parking meter collection and fees b. Surface Parking.Lot estimated cost: $1..5 million acquisition and construction of to be funded through a Parking Assessment District a surface parking lot at the bond issue; payment to come from parking fees corner of Marsh and Broad generated by the lot and an assessment of Streets with approximately 90 property owners within the district parking spaces 2. CITY CORPORATION YARD construction of a maintenance building, operation building, fuel dock and parking lot at new City corporation yard funding sources: Revenue Sharing Carryover: 640,000 Capital Outlay Carryover: 245,000 Utility Fund Carryover: 175,000 Property for Sale: 385,000 estimated total: 1,445,000 3. TRAFFIC SIGNAL INSTALLATION estimated cost: $95,000 (Tank Farm Road -- traffic project to be funded through FAU direct payments signal and associated street administered by CalTrans work) E -12 7b47 C i� RESOLUTION NO. 5139 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE APPROPRIATIONS FOR THE OPERATING BUDGET FOR THE 1983 =84 FISCAL YEAR BE IT RESOLVED by the Council of the City of San. Luis Obispo that the Operating Budget, appropriations by program, as detailed in Exhibits A thru D attached, are hereby adopted for the fiscal year July 1, 1983, thru June 30, 1984. General & Special Revenue Funds (Exhibit A) General Fund $ 9,525,481 Library Fund 92,860 Parks & Recreation Fund 1,353,.735 Business Improvement Area Fund 92,000 $11,064,076 Enterprise Funds (Exhibit B) Water Fund $ 2,324,306 Sewer Fund 854,140 Parking Fund 228,240 Transit Fund 489,540 $ 3,896,226 Trust & Agency (Exhibit C) Whale. Rock Fund $ 376,850. North Coastal Transit 219,510 $ 596,360 Other Operating Funds (Exhibit D) Special Assessment Districts $ 7,.640 Equipment Replacement Fund __366,600 $ - 374,240 Total Operating Budget Appropriations $15,930,902 On motion of Councilwoman.Dovey , seconded by _Councilman Griffin - , and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig -NOES: None ABSENT: Councilman Settle' the foregoing Resolution was passed and adopt this 21st day of June 1983. ATTEST 1A MELANIE C. LI R 5139 nrmv r, anv Pe WT e nr Resolution No. 5139 (1983 Series) APPROVED: P.,0- OL City Administrative Officer City A to ey aL Acting Finance Dire or Page 2 1983/84 OPERATING BUDGET APPROPRIATIONS BY PROGRAM GENERAL AND SPECIAL REVENUE FUNDS - - - - -- Special Revenue Funds - - - -- *Adjustments: Street Landscape & Medians increased $10,000 for 2 part -time watering positions per Council direction. $8,000 transferred from Park & Recreation Program. EXHIBIT "A" General Library Park & Rec. BIA APPROPRIATIONS General Government Legislative & Policy 55,790 - - - General Administration 224,465 - - - City Attorney 122,020 - - - City Clerk 154,965 - - - Finance 307,880 - - - Personnel 1511910 - - -. Other /Govt. Bldg. 323,980 - - - 1,341,010 - - - Community Development Planning 467,490 - - - Construction Development 516,550 - - - Economic Development - - - 92,000 984,040 = - 92,000 Leisure, Cult. & Social Services Parks & Recreation * - - 1,086,965 - Municipal Swimming Pool - - 163,940 - Municipal Golf Course - - 103,830 - City /County Library - 92,860 - - Community Promotion & Fac. 244,935 - - - Human Relations 121,445 - - - 366,380 92,860 1,353,735 - Transportation Streets & Sidewalks* 1,:205,320 - - - Central Service Yard 99,910 - - 1,X305, 230 - - - Public Safety Police Protection 3,049,980 - - - Fire /Environmental Safety 2,430,566 - - - Disaster Preparedness 26,275 - - - Animal Control 22,000 - - - 5,528,821 - - - TOTAL APPROPRIATIONS 9,5:25,481 92,860 1,353,735 92,000 *Adjustments: Street Landscape & Medians increased $10,000 for 2 part -time watering positions per Council direction. $8,000 transferred from Park & Recreation Program. EXHIBIT "A" 1983/84 OPERATING BUDGET APPROPRIATIONS BY PROGRAM ENTERPRISE FUNDS OPERATING EXPENSES & DEBT SERVICE Transportation Vehicle Parking Municipal Bus System Public Utilities Water Service Sewer Service TOTAL APPROPRIATIONS Water Sewer 2,324,306 2,324,306 EXHIBIT "B" Parking Transit - 228,240 - - 489,540 854,140 - - 854,140 228,240 489,540 1983/84 OPERATING BUDGET APPROPRIATIONS BY PROGRAM TRUST & AGENCY FUNDS OPERATING EXPENSES Reservoir Operations Fishing Program Expense Vehicle Operations Non - Vehicle Maintenance Admin. & General Expense TOTAL APPROPRIATIONS EXHIBIT "C' Whale Rock No. Coastal Fund Transit 352,500 - 24,350 - 157,500 1,500 - 60,510 376,850 219,510 1983/84 OPERATING BUDGET APPROPRIATIONS BY PROGRAM OTHER OPERATING FUNDS Special Assessments Leff, Bond & Ramona McMillan Avenue Equipment-Replacement Fund 2,550 5,090 7.,640 Equipment Expenditures 366,600 TOTAL APPROPRIATIONS EXHIBIT "D" 374,240 YI-I I�I RESOLUTION NO. 5138 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO MAKING CERTAIN ENVIRONMENTAL FINDINGS AND ADOPTING A FLOOD MANAGEMENT POLICY, STANDARDS AND ACTION PLAN WHEREAS, the City of San Luis Obispo has within its limits a number of natural waterways, feeder streams and catch basins which are critical drainage channels and sensitive resource areas; and WHEREAS, this drainage system includes divergent storm -flow capaci- ties which cause flooding under certain storm circumstances (documented in 1969 and 1973); and WHEREAS, approximately 95 percent of these waterways are in private ownership; and WHEREAS, the City has adopted various policies, design standards, guidelines and criteria to deal with flooding; and WHEREAS, a necessary step in addressing resource protection and drainage requirements of the community is the adoption of a comprehen- sive Flood Management Policy Statement-And Action Plan; and WHEREAS, a Flood Management Policy Statement and Action Plan will serve as a guide for the present and future City Councils; and WHEREAS, the City has prepared an Initial Environmental Study on the Flood Management Report and proposed Policy Statement and Action Plan of April 1983; and WHEREAS, the City has (by separate resolution) certified the final Environmental Impact Report (EIR) of the San Luis Obispo Creek Control Modifications, thereby incorporating mitigations specified in the EIR for growth inducement; soils and geology; vegetation and wildlife; and land use and zoning; R 5138 C Resolution No. 5138 (1983 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION I. Environmental Determination A. The City Council concurs with the Community Development Director's determination (Initial Environmental Study) that: 1. The following projects are adequately addressed in the EIR for San Luis Obispo Creek Flood Control Modifications: (a) Nipomo Street Bridge; and (b) Prefumo Creek Channel Work. 2. The following projects should be granted a negative declaration: (a) Creek Dedication Policy; and (b) Points of restriction at Andrews St. Bridge and Mission Plaza Footbridge. 3. The following projects should be granted a mitigated negative declaration: (a) Waterways Management Guidelines; (b) Points of Restriction, except as otherwise cited; (c) Minor Waterways Improvements; and (d) Street Drainage Projects. 4. The following projects require additional environmental evaluation: (a) Uniform Design Criteria for major and secondary waterways; and (b) Major Creek projects from Dana St. to U.S. 101 (projects 8 and 9). Resolution No. (1983 Series) Page 3 B. The City Council determines that it is not economically feas- ible to mitigate the biological impacts of the concrete channel portion of the San Luis Creek Flood Control Modifications (reference page 8, Final EIR). SECTION II. Flood Management Policy. A. In April 1983 a comprehensive flood management report was prepared by staff and presented to the Council. This report included valuable background information and provided a framework for the City's flood management policy and program. B. Policy Objectives. It shall be the policy of the City that waterways and adjacent lands be generally managed to: 1. Maintain the creeks in a natural state to the maximum extent feasible; 2. Prevent the loss of life from flooding; and 3. Minimize damage from flooding.. C. Storm Design Capacities. Pending focused environmental evaluations, the following storm design capacities are adopted to contain the creeks within their banks (with freeboard): 1. San Luis Creek - 40 -year storm to confluence; 50 -year storm below confluence; 2. Old Garden Creek - 25 -year storm; 3. Stenner Creek - 50 -year storm; 4. Prefumo Creek - 50 -year storm; and 5. Other Minor Waterways - 10 to 25 -year storm dependent on watershed area. D. Development in Creek Areas. New development in waterway areas shall not be permitted to encroach in any manner which would diminish or otherwise constrict the specified storm design capacity of the waterway Resolution No. (1983 Series) Page 4 in that area. New development projects in such areas, including govern- mental projects, shall be required to participate equitably in waterway improvements to attain the storm design capacity of the waterway at the project location. E. City Waterway Program Emphasis. The City shall undertake, on a planned basis and subject to funding, integrated structural and non- structural waterway improvement programs which shall include: 1. Annual, environmentally - sensitive creek maintenance; 2. Removal, from the creeks, of obstacles which inhibit natural flow; and 3. Enlargement of creek channels, to attain specified storm design capacity standards, only when no other alternative is found to be feasible. The City shall actively seek to obtain easements and /or ownership for creek access, maintenance and construction whenever possible and appropriate. Joint creek improvement projects shall be encouraged by the City when related to proposed development in areas adjacent to waterways. The City shall develop and implement guidelines which will help assure that the creek system is maintained in a clean, environmentally - sensitive manner. Such guidelines shall define and express the appropriate responsibility for such creek system maintenance between the public and private sectors. SECTION III. Flood Management Standards and Priorities The following standards, procedures and improvement priorities are adopted as interim guidelines in the administration and implementation of the Flood Management Policy:. Resolution No. 5138 (1983 Series) Page 5 A. June, 1983 Uniform Storm Design Criteria for Waterways; B. 1983 Waterway Management Guidelines; C. Creek Dedication Policy, dated June, 1983; D. Initial Environmental Study - Flood Management Report - June 21, 1983; F. Waterway Improvement Priority Lists for: 1. Points of Restricted Capacity - four major creeks (June, 1983); 2. Street Drainage Improvements (June, 1983); 3. Minor Waterway Improvements (June, 1983); and 4. Major Waterway Improvements (except projects 8 and 9 which are listed for only preliminary design and evaluation). These priority lists are intended only to facilitate the evaluation of capital projects for funding; and G. Flood Incident Management Guide, adopted June 7, 1983. SECTION IV. Action Plan Development and Implementation To initially carry out the City's Flood Management Policy, the following action components shall be developed for Council consideration: A. An agreement with Zone 9 which would provide funds and dele- gate the responsibility to perform the maintenance on the major City waterways; B. An ordinance which will: (1) clarify the creek maintenance responsibilities of the individual property owner, and (2) expand and strengthen the City's ability to deal with littering and polluting of the creeks; Resolution No. 5138 (1983 Series) Page 6 C. An analysis of the opportunities which are afforded the community in creating a storm drainage utility or assessment district; D. An ordinance establishing a permit process and appropriate fees for inspection of storm drainage improvements; E. Setback lines for the four major creeks; F. A program which outlines the feasibility and cost (both public and private) of requiring installation and maintenance of individual flood protection measures; G. Development of internal procedures regarding documentation and investigation of flood damage and claims. SECTION V. Amendments This resolution shall be amended from time to time in order that its provisions will remain current and represent a comprehensive statement. On motion of Councilman Griffin , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 21stday of June , 1983. ATTE T: CI CLERK PAMrAJOGPS Resolution No. 5138(1(�.Series) �} Page 7 FIW46141TI"I C/0/,tte a ,J ", City Administrative Officer Asst. City Attorney t J.'I Public Works Director �D ��iJ�U � � 7G/ �-� �. C, RESOLUTION NO. 5137 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1125 LOCATED AT 855 VIA ESTEBAN 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 1125 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 development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision is not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. The proposed subdivision, being a conversion, is categorically exempt from environmental consideration. SECTION 2. Conditions. That the approval of the tentative map for Tract 1125 be subject to the following conditions: 1. Subdivider shall provide individual water services for each unit. Meters shall be clustered at the back of the sidewalk at property frontage, to the approval of the City Engineer. 2.. Subdivider shall provide individual gas and electrical services and metering to the approval of affected utilities agencies and the City Engineer. R 5137 Resolution No. 5137 (1983 Series) Tract 1125 Page 2 4. Final map shall note a blanket easement over the common lot area, except under structures for underground public utilities serving the site, to the approval of the City Engineer and affected utility companies. 5. Conditions, covenants and restrictions (CC &R's) for the tract shall contain the following provisions: A. Property owners' association shall be created to enforce the CC &R's and provide for professional, perpetual maintenance of common areas including but not limited to driveway, parking lot, landscaping, utilities, and building exteriors. B. Grant to the City of San Luis Obispo the right to maintain common access if the property owners' association fails to do so and to assess said association for expenses incurred. C. All parking spaces provided in the project shall be available for use by all of the individual owners. On motion of Councilman Griffin , seconded by Mayor Billig , and on the following roll call vote: AYES: Councilman Griffin, Mayor Billig, Councilmembers Dovey and Dunin NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 21st day of June , 1983. l Resolution No. 5137 (1983 Series) Tract 1125 Page 3 APPROVED Cit Administrat ve Officer Ci Atto Co unity Dev lopment Director ass �la�rk Wee /6/n RESOLUTION NO. 5136 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF A TWELVE -MONTH TIME EXTENSION FOR TRACT 979 (VICTORIANA) LOCATED AT 533 PISMO STREET WHEREAS the subdivider requests a twelve -month time extension to receive approval of his final map; and WHEREAS the Planning Commission found that the request for time extension is justified, and recommends approval; and WHEREAS the City Council concurs with the Planning Commission findings; NOW, THEREFORE, the City Council resolves as follows: Section 1. That Tract 979 is granted a twelve -month time extension to June 2, 1984, subject to original tract map conditions as specified in City Council Resolution No. 4512 (1981 Series) attached hereto. On motion of Councilwoman Dovey , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dovey., Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 21st day of June 1983. ATTEST: ,2 Z, city/ Clerk. Pame a ge R 5136 Resolution No. 51360983 Series) Tract 979 Page 2 AP ,., � DQ: GtGU�i- GL" City Administrative Officer City Atl6ifne ComdurFi.ty Development Director ��I .�i RESOLUTION NO.4512(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF, SAN LUIS OSISPO GRANTING APPROVAL OF TENTATIVE P FOR TRACT NO. .979, LOCATED AT 533 PISMO STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Tract No. 979 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings; 1. The tentative map is consistent with the general plan. and specific plan. 2. The'desigrn and- improvements of the proposed subdivision are consistent with the general plan and 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 their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. The proposed .subdivision is granted a mitigated negat'ive.declaration as granted by the Community Development Director. SECTION 2. That the approval of the tentative map for Tract No. 979 be subject to the following conditions: 1.,., Each unit shall be :served by individual water meters clustered behind the curb to the approval of the Public Services Department. 2. Each unit shall be provided with a privately owned common sewer lateral. Resolution No. 4512(1981 Series) Tract 979 Page 2 3. The entire site, except those areas underlying buildings, shall be granted as a public utilities easement, to the approval of the City Engineer and utility companies. 4. Subdivider shall construct la city standard handicap ramp at the corner of Beach and Pismo Streets to the approval of the Public Services Director. 5. Subdivider shall construct a new 8 -inch water line in Beach Street from Pacific to Pismo Street and install city standard fire hydrant at the north corner of Pismo and Beach Streets. 6. Conditions, covenants and restrictions (CC &R's).shall be approved.-by the City Attorney and Community Development Director,..prior _ to the final map approval. CC&R's shall contain the following provisions:. A. Creation of a homeowner's association to enforce the CC&R's and provide. for professional, perpetual maintenance of all common areas including driveways, parking, landscaping, private utilities, and building exteriors in first class condition. B. Grant to the City of San Luis Obispo the right to maintain common area and building exteriors. If. the homeowner's association fails,, to perform, the city may assess the homeowner's -,association for expenses incurred. C. No parking on the site except in approved, designed spaces. D. Grant to the City of San Luis Obispo the right to tow away vehicles on A complaint basis, which are parked in unuthorized places. E. No unscreened storage and no outside storage of boats, campers, motorhomes, trailers or inoperable vehicles. F. No change in city required provisions of CC &R's without prior City Council approval. 7. Subdivider shall number all units consistent with city approved addressing plan, per attachment 1. 8. Subdivider :shall comply with all requirements of Architectural Review Commission approval No. 80 -77, prior to city acceptance of the subdivision. All conditions of this approval shall become subdivision improvements. On motion of Councilman Dunin seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Bond and Mayor Billig. NOES: None ABSENT: None Resolution No.4512(1981 Series) Tract 979 Page 3 the foregoing resolution was passed and adopted this 2nd day of June , 1981.. Mayor lanie C. Billig ATTEST: 4�2" V Wj Acting Lty Clerk Pame a Voges APPROVED: City Adminis ative Officer City Attorney Community De elopm t irector /�o sS RESOLUTION NO. 5135 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF A TWELVE -MONTH TIME EXTENSION FOR TRACT 978 (MISSION GROVE COMMERCIAL) LOCATED AT 555 CHORRO STREET. WHEREAS the subdivider requests a twelve -month time extension to receive approval of his final map; and WHEREAS the Planning Commission found that the request for time extension is justified, and recommends approval; and WHEREAS the City Council concurs with the Planning Commission findings; NOW, THEREFORE, the City Council resolves as follows: Section 1. That Tract 978 is granted a twelve -month time extension to June 2, 1984, subject to original tract map conditions as specified in City Council Resolution No. 4511 (1981 Series) attached hereto. On motion of Councilman Dunin and on the following roll call vote: seconded by Councilman Griffin AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 21st day of June 1983. ATTEST: City C erk mela r g R 5135 Resolution No.5135(1983 Series) Tract 978 Page 2 APPRO D: City Administrative Offic r City Atto ey Community Development Director RESOLUTION N0. 4511 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 978 LOCATED AT 555 CHORRO STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: Findings. That this council, after consideration of the tentative map of Tract 978 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan and specific plans. 2. The design and improvements of the proposed subdivision are consistent with the general plan and specific 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 proposed subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish.or wildlife or their habitat. 6 The type of improvements is not likely to cause public health problems. 7. The design of the subdivision or type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. The subdivision is granted a negative declaration on environmental impact. SECTION 2: Conditions. That the approval of the tentative map for Tract 978 be subject to the following conditions: 1. Each unit shall be provided with individual water services with meters located at Chorro Street frontage to approval of the Public Services Department. 2. Sewer service shall be privately owned and maintained. 3. The entire lot, except those portions underlying the buildings, and granted as a creek easement, shall be granted as a public utilities easement, to the approval of the City Engineer and utility companies. 4. Subdivider shall grant to the city an easement for Stenner Creek for maintenance of said creek in its present state, and for.possible future improvements, to the satisfaction of the City Engineer. R 4511 Or -Resolution No Tract 978 Page 2 4511 (1981 Series) 5. A note shall be placed on the final map stating that the property is subject to flooding in a 100 -year design storm. 6. CC &R's for the tract shall contain the following provision: A. Property owner's association, maintenance responsibility for on -site private water and sewer lines. B. All the parking spaces provided in the project shall be available for all of the individual owners. 7. Subdivider shall comply with all requirements of Architectural Review Commission approval 78- 50,prior to city acceptance of the subdivision. All conditions of these approvals shall become subdivision improvements. 8. Subdivider shall number all units in the tract consistent with city approved addressing plan (attachment 1). 9. That area shown as "not a part" shall be shown as lot 2 of the tract and a note shall be placed on the final map stating that lot 2 may be developed only if combined with other properties in the same zoning :district. On motion of Councilman Dunin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey,. Bond and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed this 2nd day of June ATTEST: Mayor elanie C. Billig Actin City Clerk Palo la Voges 1981. ,John /�i`�� � �� ass �i lv RESOLUTION NO. 5134 (1983, Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN LUIS OBISPO BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and the County of San Luis Obispo is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution andi'. a copy of the executed agreement approved by it to: City Chief of Police., and-County of San Luis Obispo, On motion of Councilwoman Dovey seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed an"- a e is 21st day of June 1983. n ri' T7�> n A C. ATTEST: Z/' CITY City_ AdpipAstrative 0 fice City Finance Direct Chief Police R 5134 l i Y LEASE AGREEMENT e_ -THIS AGREEMENT is made and entered into this /0 day of 19839 by and between the COUNTY OF SAN LUIS OBISPO, a ol pitical subdivision of the State of California, hereinafter referred to as "County," and the City of San Luis Obispo, a political subdivision of the State of California, hereinafter referred to as "Tenant." WITNESSETH: WHEREAS, County maintains and operates radio communication facilities in a microwave /radio vault located on Cuesta Peak in San Luis Obispo County, California.; and WHEREAS, Tenant desires'to rent space in the County's Cuesta Peak microwave /radio vault which is not presently required for County use; and WHEREAS, Tenant has obtained authorization and permission from the United States Department of Agriculture., Forest Service, to rent space in County's Cuesta Peak microwave /radio vault and said occupancy by Tenant will not interfere with the operations of County or the County's other tenants. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. Premises. County hereby leases to Tenant, and Tenant . hereby hires and takes from County, for the term, at the rental and upon the conditions hereinafter set forth, that certain space as designated by the. Director of Technical Services of the County (as depicted in attached diagram A), hereinafter referred to as the "premises," located in the County's Cuesta Peak microwave /radio vault in the County of San Luis Obispo, California. Such premises may be redesignated at the direction of the Director of Technical Services of the County. 2. Term. The term of this agreement shall commence July 1, 1983, and shall expire June 30, 1984. From year to year thereafter, but not beyond June 30, 1989, this agreement shall continue and automatically renew itself unless sooner terminated as hereinafter provided. 3. Termination. Notwithstanding any other provision of this lease, the County may terminate this agreement at any time, without cause, by giving sixty (60) days written notice to Tenant. 4. Rent. Tenant agrees to pa,y County as rent for the demised premises eight -five dollars ($85.00) per month, payable in advance, semiannually, on the second day of January and the first day of July each succeeding year. Tenant shall pay County the first six (6) months rent upon execution of this lease by both parties hereto. In the event this lease is terminated, prepaid rent will be prorated. County reserves the right to increase the rent paid hereunder at any time by giving not less than thirty (30) days prior written notice to Tenant. All rent shall be made payable to the "County of San Luis Obispo" and shall be sent to the County at the address to which notices to County are given. 5. Occupancy of premises. Occupancy and use of the premises shall begin within one month from the date of this agreement. 6. Use- of premises. The premises shall be used by Tenant for the installation and operation of radio transmitting and receiving equipment. The installation of Tenant's equipment shall be done by Tenant in a good and workmanlike manner and to the satisfaction of the Director of Technical Services of the County. The premises shall not be used for any other purpose without the prior written consent of County. 7. Utilities. The rent described in paragraph 4 above includes the furnishing of electrical service to be used jointly by Tenant, County and any other parties designated by County. County makes no guarantee as to the reliability of such services. 8. Installation of equipment. Tenant's equipment shall be installed, operateo and maintained in accordance with the highest engineering standards now and hereafter generally em- ployed. In the event that the installation, operation or main- tenance of said equipment shall create any interference of any other person, company, or agency authorized by County to occupy space and install equipment in said vault or on the antenna structure of County, Tenant shall eliminate such interference to the satisfaction of the Director of Technical Services of the County at no expense to County. In the case of Tenant's inabil- ity or refusal to eliminate such interference, County shall have the right to thereupon terminate this lease and Tenant shall promptly remove its equipment. 9. Frequencies. Tenant may use such FCC authorized frequencies as are approved by the Director of Technical Services of the County, and shall not change or add to these frequencies without the prior written consent of the Director. 10. Permits and approvals. Tenant shall obtain and main- tain during the term of this agreement, all required permits, licenses, and approvals as may be required by the United States Department of Agriculture, Forest Service, and the Federal Commuications Commission. Provided, however, Tenant shall provide County with copies of such permits, licenses and approvals as a condition of this agreement before Tenant exercises any of the privileges granted by this agreement. 11. Security and condition of premises. Tenant agrees to preserve the security of the County's Cuesta Peak microwave/ radio facility and the vault located thereon. Tenant shall at all times keep and maintain the premises leased hereunder clean and neat to the satisfaction of County. The County reserves the right at any time to make such reasonable rules and regulations as in its judgement may from time to time be necessary for the safety, care, cleanliness of the premises, and for the preserva- tion of good order therein, and Tenant hereby agrees to strictly comply therewith. 12. Nuisance. Tenant shall not commit or suffer to be committed any nuisance, waste or unlawful act in or about the County's microwave /radio vault. 13. Comply with laws. Tenant agrees and promises that he will comply with and observe all Federal, State, County, and municipal laws, ordinances, or regulations which are applicable to the area or operations covered by this agreement. 14. Assignment. The temporary use of the premises author- ized herein is of a personal nature and assignment, sublease, or transfer by Tenant of this agreement or of any privileges given hereunder shall not be permitted. Any assignment or sublease or attempted assignment or sublease by Tenant shall be void, shall confer no rights on any third party, and shall be good cause for cancellation of this agreement by County at its option. This agreement shall not be assignable by operation of law. 15. Restoration of premises. Upon abandonment, termina- tion, or cancellation of this agreement, the Tenant shall, within a reasonable time as determined by the Director of Technical Services of the County, remove all equipment and restore the site. If the Tenant fails to remove all such equipment within the reasonable period, they shall become the property of the County, but that will not relieve the Tenant of liability for the cost of their removal and restoration of the site. 16. Tenant not agent of County. Neither Tenant nor any of Tenant's agents or contractors are or shall be considered to be agents of County in connection with the performance of Tenant's rights and obligations under this agreement. 17. Release. The County shall not be responsible to Tenant for any loss of property from said premises, however oc- curring. Tenant hereby waives any and all claims for damages that may be caused by the County in reentering and taking pos- session of the premises thereby, and all claims for damages to or loss of such property belonging to the Tenant as it may be in or upon the premises at the time of such reentering. Tenant also waives any and all claims against the County for damages to any property of Tenant from any cause arising at any time. 18. Indemnification. Tenant agrees to and shall defend, indemnify and save harmless County and its officers, agents and employees from any and all claims, demands, liability, costs, expenses, damages, causes of action and judgements for loss or damage to property or for death or injury to persons, in any manner arising out of this agreement or out of the performance or attempted performance of the provisions hereof, including, but not limited to, any act or omission to act or active negligence by Tenant or his agents,.employees, or independent contractors directly responsible to Tenant, excepting only such injury or death as may be caused by the sole negligence or willful miscon- duct of County or its officers, agents, employees or independent contractors directly responsible to County. 19. Insurance. Tenant agrees to and shall take out and maintain during the entire term of this agreement, in companies acceptable to the County, public liability and property damage insurance in the amount of at least one million dollars ($1,000,000.00) combined single limit for bodily injury and property damage. All such insurance or the endorsements must include the following provisions: a. If the insurance policy covers on an "accident" basis, it must be changed to "occurrence." b. The policy must cover personal injuries, as well as bodily injury. C. The policy shall include coverage for errors and omissions by County and its officers, agents, employees, and independent contractors directly responsible to the County: d. The policy must cover contractual liability and shall contain a cross liability or.severability of interest endorsement. e. The policy shall require the insurance carrier to give the County in writing thirty (30) days prior notice of any cancellation of such insurance, any reduction in the amount thereof, or any major change. f. The policy shall provide that the insurance will operate as primary insurance and that no other insurance effected by the County or other named insureds will be called to contribute to the loss covered thereunder. g. The County of San Luis Obispo, its officers, agents and employees shall be named as additional insured under the policy. Approval of the insurance by the County should not relieve or decrease the extent to which the Tenant may be held respon- sible for payment of damages resulting from his operations. 20. Effect of waiver. County's waiver of breach of any one term, covenant, or other provision of this agreement, is not a waiver of breach of any other term, nor subsequent breach of the term of provision waived. 21. Notices. Unless otherwise provided, all notices re- quired herein shall be in writing, and delivered in person or sent by certified or registered mail, postage prepaid. Notices required to be given to the County shall be addressed as follows: Director of Technical Services, County Courthouse, San Luis Obispo, California 93408. Notices required to be given to Tenant shall be addressed as follows: City of San Luis Obispo, Police Department, P.O. Box 1328, San Luis Obispo, California 93406. Provided that an,y party may change such address by notice in writing to the other party and thereafter notices shall be ad- dressed and transmitted to the new address. IN WITNESS WHEREOF the parties hereto have executed this agreement. as of the day and year first above written. Attest: z 24- - , ffl6 114. � 1,"eA C ty erk Pame oges City,-of San Luis Obispo �r ype or\print name COUNTY OF SAN LUIS OBISPO F) By: JERRY DIEFENDERFER Chairman, Board o Supervisors ATTEST: FRANCIS M. COONEY Clerk, Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: Deputy County ounse Dated: COMMUNICATIONS DATA PROCESSING DEPARTMENT OF OFFICE AUTOMATION Technical Services County of San Luis Obispo June 15, 1983 Mr. Tom Stewart San Luis Obispo Police Department 575 Santa Rosa San Luis Obispo, CA 93401 Dear Tom: Apparently our respective counsels have finally agreed on the wording and intent of the attached Lease Agreement for your use of the Cuesta Peak Communication Facility. To get this finalized, I need two signed copies from the City. I will then schedule this with the Board of Supervisors and return a signed copy to you. Thanks. Sincerely, & &Of- Dave L. Richter, C.D.P. Director, Department of Technical Services County Communications Officer DLR:dlc Enclosures (2) COUNTY GOVERNMENT CENTER • SAN LUIS OBISPO, CALIFORNIA 93468 •'TELEPHONE (805) 549 -5050 RESOLUTION NO. 5.133 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN LUIS OBISPO FOR LOAN OF COUNTY FIRE FIGHTING EQUIPMENT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and the County of San Luis Obispo is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall Punish a copy of this resolution and a copy of the executed agreement approved by it to: County of San Luis Obispo: On motion of Councilwoman Dovey , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES:. None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 21st day of June , 1983. C. BILLIG ATTE C TY CLERK PAME V06ES hoc 90 pp City A- n trative bffi City attorn4y 'Fire Chief 14 R 5133 1 I 0 AGREEMENT FOR LOAN OF FIRE FIGHTING EQUIPMENT This Agreement is entered into between the COUNTY OF SAN LUIS OBISPO, hereinafter called "County," and SAN LUIS OBISPO.CITY FIRE DEPARTMENT, hereinafter called "Department." WHEREAS, County has in its possession twenty -six (26) units of a self- contained breathing apparatus that can be used for fire and rescue work; and WHEREAS, this fire fighting equipment was provided to the County primarily for fire and rescue response work at the PG &E Diablo Canyon Power Plant; and WHEREAS, a mutual aid agreement between County and Department obligates Department to assist in providing fire and rescue assistance within the County of San Luis Obispo which may require self- contained breathing apparatus; and WHEREAS, it is in the public interest, and Department desires, that Department have such self- contained breathing apparatus in its possession for potential use; NOW, THEREFORE, the parties mutually agree as follows: 1. Equipment. The County agrees to lend to Department four (4) units of the Survivair model self- contained breathing apparatus, ser' numbers 80- 43769S, 80- 46077S, 80- 462475, 80- 482495; and eight (8) spotar- cylinders for such apparatus, serial numbers D -508, D -514,, D -490, D -840, D -711, D -726, D -1073, and D =1404. 2. Compensation. The County makes this bailment to Department without charge or any form of compensation. -1- 3. Term. The term of this i; ailment shall commence on the date this Agreement is executed by the County and shall continue indefinitely subject to the right of either party to terminate this Agreement upon thirty days' written notice. , 4. Purpose. The primary purpose for the use of the self- contained breathing apparatus is for fire and rescue response at the Diablo Canyon Power Plant. The equipment may be used by Department for other purposes provided that such use is consistent with maintaining a state of readiness for the primary purpose. 5. Reversion. Possession of the equipment described herein shall revert to the San Luis Obispo County Fire Department, at the sole and absolute discretion of the County Fire Chief, should Department in the Fire Chief's opinion fail to: a. Participate as a mutual -aid responder to fire and rescue incidents within the County of San Luis Obispo which require self- contained breathing apparatus; or b. Meet the training requirements of the San Luis Obispo County Fire Department for response to fire and rescue incidents within the County which may require the use of self- contained breathing apparatus; or c. Meet the other conditions of this Agreement. 6. Maintenance and Training. Maintenance, replacement parts, and /or repair of the equipment will be the responsibility of Department. Department will maintain and use the equipment in accordance with the manufacturer's recommendations and State and federal regulations. Maintenance records will be made available to the County Fire Chief for review. County will not be responsible for the maintenance, service, -2- inspection, replacement parts for the equipment, nor training on its use. 7. Loss and Damage. a. Lost or damaged equipment will be replaced by Department at its own cost. b. In the event of the termination of this Agreement or the exercise by County of its right of reversion, Department shall forthwith return to County all units of equipment in its possession: Such units shall be returned to County in the same condition as received by Depart- ment; subject, of course, to reasonable wear and usage. In the event units are lost or damaged as of the date of such return, Department shall be obligated to reimburse County for the cost of such damage or loss. County shall have the exclusive right to determine the value of such damage or loss. 8. Inventory. Department will inventory the equipment annually and furnish the County Fire Chief a report on equipment location, losses or deficiencies. 9. Warranties. The County makes no warranties relating to the equipment, whether express or implied, including warranties of merchant- ability, mechanism, or fitness for a particular purpose; and Department therefore accepts the aforementioned equipment as is, subject only to such warranty rights as against the vendor or manufacturer that may exist. 10. Ownership. Ownership of the equipment will remain with the County. 11. Indemnification. Department shall defend, indemnify and save harmless the County, its officers, agents, employees, and contractors -3- from any and all claims, demands, damages, costs, expenses, liability or judgment arising out of the use or attempted use of the aforementioned fire equipment including, but not limited to, any act or omission to act on the part of the Department or its agents, employees, or contractors responsible to it; excepting only claims arising from the sole negligence of the County. 12. Notices. Unless otherwise provided herein, all notices shall be made in writing. Notices to County shall be sent to: Fire Chief San Luis Obispo County Fire Department P.O. Box 151 San Luis Obispo, CA 93406 Notices to Department shall be sent to: Fire Chief San Luis Obispo City Fire Department 148 Pismo Street San Luis Obispo, CA 93401 13. Integration. This Agreement constitutes the entire under- standing of the parties concerning the subject matter contained herein, and no modification to this Agreement shall be valid unless it is in writing and signed by both parties. SAN LUIS OBISPO CITY FIRE DEPARTMENT Dated: June o2 1, 1983 By MICHAEL P. DOLDER Fire Chief Dated: � 1983 COUNTY OF SAN LUIS OBISPO By: Chairman, oardof Supervisors, county of San Lui Obispo, State of Califomia -4- G � i I C ATTEST: Clerk of the oar of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, Jr. County Counsel Dated: June-11 , 1983 By: - 4 `` - DAVID K. HUGHES Deputy County Counsel CITY OF SAN LUIS OBISPO -5- _J RESOLUTION NO. 5132 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ARATEX SERVICES, INC., LOMPOC, CA 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 Aratex Services, Inc., is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Aratex Services, Inc., City Finance Director, and Director of Public Works. On motion of Councilwoman Dovey , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 21st day of June , ioa'2 APPROVED: Cit Administrative Offftcer J` City ey Finance Director Director of- Public Works R 5132 AGREEMENT This Agreement, dated as of the date affixed beside the signature hereto of the City of sari Luis Obispo, is entered into between the City of San Luis Obispo (hereinafter called. "City ") and Aratex Services, Ince of Lompoc, California (hereinafter called "Laundry "). WITNESSETH• WHEREAS, Laundry was the successful low bidder upon a request for for laundry service for City uniforms. NOW, THEREFORE, City and Laundry agree as follows: 1. Laundry agrees to provide laundry service for City uniforms as set forth in the Notice to Bidders and Specifications issued by'City, copies of which are attached hereto, marked Exhibit "A" and "B" respectively, and incorporated herein by this reference. 2e City agrees to pay Laundry fifty =three cents (53C) per uniform change, zero cents (OC.) per embroidered City emblem, zero cents (Op) per embroidered employee name or division emblem, and zero cents (OC) per embroidered letter- ing of employees name or division.,payable on monthly invoices. 3. This contract shall commence July 1, 1983 and shall end June 30, 1985, provided that either party may terminate this agreement by sixty (60) days written notice to the other party. 4. Laundry shall comply with all.applicable provisions of State and Federal. law, including, without limitation, all applicable laws concerning employee benefits, working conditions, Workers Compensation Insurance, and non - discrimination in hiring personnel. 5. Laundry shall.not assign this contract nor sub - contract it as a whole without the written consent of City, nor shall the Laundry assign any monies due or to become due to it hereunder without the previous written consent of City. Agreement Page 2. 6. This agreement may not be altered or otherwise modified except by writing executed by Laundry and City. 7. If Laundry should be adjudged .a bankrupt, or if it should make a general assignment for benefit of creditors, or if it should be placed in receivership on account of insolvency, the City shall have the right, at its sole option, to terminate this agreement upon fifteen (15) days written notice. to Laundry.. 8. Laundry agrees to and shall defend, indemnify and save harmless City and its officers, agents, and employees from any and'. all claims, demands, liability, cost, expenses, damages, causes of action and judgments for loss or damage to property or for death or ,injury to persons, in any manner arising out of the performance or attempted performance of this agreement, including, but not limited to, any act or omission to act or act of negligence by Laundry or its agents, employees, or independent.contractors directly responsible to Laundry, excepting only such damage or injury or death as may be caused by the sole negligence or willful.misconduct of City or its officers, agents, employees or independent contractors directly responsible to City. 9. All notices from one party to the other in connection with this agreement shall lie deemed delivered when deposited in the U.S. Mail, stamped and addressed to the other-party at the following address: City: City Clerk City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 Laundry: Aratex Services, Inca 139 South A Street Lompoc, CA 93436 IN WITNESS WHEREOF, this agreement is executed by both parties.. Agreement Date: XY- ATTEST: 1 CI CLERK PAMEf7OGE9 J. Page 3. CITY OF SAN LUIS OBISPO c MAYOR- LANIE C. EMLM ARATE% SERVICES, INC. NAME & TITLE c� RESOLUTION NO. 5131 (1983 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING AN EXCEPTION TO ADOPTED BUILD- ING SETBACK LINE FOR OSOS.STREET, AFFECTING PROPERTY AT 1005 MONTEREY STREET AND 1000 HIGUERA STREET WHEREAS, Cuesta Valley Properties (hereinafter 'Owner ") has made application with the city for an exception to adopted building setback line for Osos Street, affecting property at 1005 Monterey Street and 1000 Higuera Street; and WHEREAS, this Council has held a public hearing to consider the exception request and has considered the statements of staff, Owner, and others offering testimony and written statements at the hearing; and WHEREAS, Council members have also considered all materials submitted to it as part of regular agenda packets regarding the application, and have visited the site; and WHEREAS, this Council has considered the recommendation of the Planning Commission on this matter; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, as follows: SECTION 1. Based on its consideration of the materials, comments, and inspections hereinabove described, the Council finds that that property of which the official building setback line is a part is of such nature that the owner of the land will be substantially damaged if an exception therefrom is not granted, specifically the substantial reduction of on -site parking capacity and a disproportionate loss of property rights to public benefit. SECTION 2. Based on these findings and on the circumstances peculiar to the property affected, the exception requested is hereby granted on condition that the sidewalk widening near Higuera and Monterey intersections shall be to the approval of the City Engineer; and further that the applicant shall reasonably reimburse the City or otherwise offset the loss of curbside parking under a separate agreement between the City and the applicant. On motion of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: R 5131 Resolution No. 513(1983 Series) Page 2 AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig NOES: Councilwoman Dovey ABSENT: None the foregoing resolution was passed and adopted this 14th day of June 1983. ATTEST: � ),�O' / City Clerk Pamela Voge •;I I W o 01- � City Administrative 0 ficer ' X '4+,"// City Attorney X NQ Ll.. ,City Eng eer Community Development Director drs 6/1/83 RESOLUTION NO. 5130 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SAN LUIS OBISPO CREEK FLOOD CONTROL MODIFICATIONS PROJECT WHEREAS, in June 1980, the City of San Luis Obispo retained George S. Nolte and Associates and MDW Associates to prepare a feasibility, design and environ- mental evaluation of modifications to San Luis Obispo Creek between Stenner Creek and the city's sewage treatment plant; and WHEREAS, In January 1982, a draft Environmental Impact Report (EIR) was prepared by the consultants and published by the city; and WHEREAS, in March and April 1982, the City Council held public hearings and workshops to review the draft report in compliance with city and state EIR Guide- lines; and WHEREAS, in August 1982, written responses to comments from individuals and agencies (received during the public review period and at council workshops and hearings) were prepared by the consultant and published by the city, as part of the final EIR. NOW, THEREFORE, be it resolved by the Council of the'City of San Luis Obispo as follows: SECTION 1. The final EIR for the flood control modifications to portions of San Luis Obispo Creek (attached as Exhibit "A" and incorporated herein by reference) is certified as being complete in compliance with the California Environ- mental Quality Act (CEQA) and City and State EIR Guidelines and is adequate to describe the significant impacts of the project. Significant impacts (as defined by CEQA and City and State Guidelines) include impacts on soils, geology, vegetation and wildlife, aesthetics, and growth inducement. On motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote: R 5130 Resolution No. 5130 (1983 Series) Page 2 AYES: Councilmembers Settle, Dunin, Dovey,and Mayor Billig NOES: None. ABSENT: Councilman Griffin the foregoing resolution was passed and adopted this 7th day of June 1983. ATTEST: V _ Cit Clerk Iafiiela og s APPROVED: P.'L Q City Administrative Of4ficer ,L),' k�y►t�t/, �•C ty Attorney AT Community Development Director drs 5/31/83 6�(�( �r RESOLUTION NO.5129(1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE FLOOD INCIDENT MANAGEMENT GUIDE FOR FLOOD EMERGENCIES WHEREAS, the City of San Luis Obispo is traversed by a series of creeks with varying capacities to contain storm flows; and WHEREAS, the limited capacities of the creek system permit flooding of the community during storms, and WHEREAS, it is necessary to provide direction and control of emergency flood operations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: Section I. That the certain Flood Incident Management Guide for Flood Emergencies attached hereto marked Exhibit "A" is hereby adopted as the City's Emergency Plan for floods. On motion of Councilman sP rlP , seconded by Cminoilmnn 11„nin , 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 ]rh day of -- JUW�-- - - - - -, 1983. ATTEST: % _ V City Clerk Pamela V es APP City Administrative Office R 5129 � V qt"' Po1i a Chief Director of Public Works R ero So1,111/i V( �a o� CRo R� 0o Q Q no a� Q no �j Rod U 0 EN M EXHIBIT "A„ U W cD 0 J 0 o �0 Q n 0 J a g Q� 0 0 W 0 J 1 U RIG Q Q Q1 9 SECTION "ODerations" STAGING "Staging11 INCIDENT COMMANDER u LC" INFORMATION "Information" SAFETY "Safety" LIAISON "LIason" SECTION SECTION Plans" ® Logistics" ® IL SITUATION OMMUNICA UNIT UNIT "Situation" �bommunic RESOURCES FOOD UNIT UNIT "Resources) ® I TECHNICAL SPECIALIST IIT__ n _ II MEDICAL POLICE FIRE BLIC WORK! GROUP DIVISION ® DIVISION ® DIVISION Works Medical" "Police" "Fire" ire"Fire" "P " ubl is TRIAGE TEAM "Triage" TREATMENT TEAM 'ITr•eatment " TR ANSPORTATI UNIT u is Trx3nspqrtatIon MORGUE .TEAM •"Morgue " ® AVAILABLE MANAGEMENT FLOOD POSITIONS "Finance" UNIT II S D D I V" ROUN D'SUPPORT UNIT "Ground" FAC I L.ITIES UNIT Facilities)" II p -— — II 0 3.18.83 ;1-11\ LOGISTICS SECTION 3/18/83 Duty Position - Responsibility: Manage those units which provide for personnel, apparatus, equipment, facilities, and personal needs in support of incident activities. Duty Checklist: [] Obtain situation briefing from Incident Commander [] Don position identification vest E READ ENTIRE DUTY CHECKLIST [] Assess situation [] Appoint and brief staff, as needed [] Supply Unit Leader [] Ground Support Unit Leader [] Facilities Unit Leader [] Communications Unit Leader [] Food Unit Leader [] Early consideration should be given to assigning the following Ofunction: [] Base (if Facilities Unit Leader not appointed) [] Notify Resources Unit of personnel assigned and location [] Determine logistical needs to support present and planned incident operations [] Confer with, as needed [] Incident Commander [] Planning Section [] Operations Section [] Attend Incident Action Plan briefing sesssions [] Provide continuous supervision of Logistics section [] Develop contingency plans for Logistics section [] Provide logistic needs for incident activities [] When ordered, secure operations and replenish supplies O[] Forward all collected incident documentation to Planning Section SP� AL NOTES OR CHECKLIST CONTINUED: INCIDENT COM) NDER CHECKLIST [] Develop incident strategy with staff [] Overall strategy [] Assess evacuation [] Incident duration [] prediction [] Availability of: [] Manpower [] Emergency Housing [] Apparatus [] Relief Personnel [] Equipment [] Citizen Welfare [] Receive Incident Action Plan from Planning Section [] Conduct Incident Action Plan briefing session with: [] Planning Section Staff [] Command Staff [] Logistics Section [] Operations Sections [] Execute Incident Action Plan [] Authorize release of information to news media [] Establish and maintain liaison, as.needed [] Cities Fire Agencies [] Public Works [] Law enforcement [] Military agencies [] Medical facilities [] Coroner [] County.agencles [] [] Evaluate progress of emergency efforts [] Revise Incident Action Plan, as needed [] Direct Planning Section Staff to develop demobilization plan, . at appropriate time [] Approve demobilization [] Release incident personnel, apparatus and equipment • r �ot-t=jo po�o�o�� Communications Unit Leader - "Communications" - Respnsibilities: is Establish and supervise the utilization of incident communications equipment and facilities. . Division /Group Supervisor - "Division /Group It - Responsiblity: Tactical management of elements within a division or group achieve assigned mission. Incident Commander - "Command" - Responsibility: Overall incident acitivites. Information Officer -- "Information" - Responsibilities: Formulate and release information about the Incident to news media and other agencies. Liaison Officer - "Liaison" - 'ResponsibiIIfies: Interaction with assisting and cooperating agencies. Logistic Section - "Logistics" - Responsibiities: Manage those resources which provide for manpower, apparatus, equipment, facilities, communication and personnel needs in support of incident activities. . Medical Group Supervisor - "Medical Group" - Responsibility: Under the direction of the Operations Section Chief, coordinates the operations of the triage, treatment, transportation and morgue teams to provide the best patient care possible. Operation Section - "Operations" - Responsiibility: Management of incident tactical operations. Planning Section- "Planning" -Responsibility: Understand the current situation and predict probable course of incident. Prepare primary and alternate strategies for incident commander. Resource Status. Unit Leader- "RESTAT" - Responsibility: Collect status of resources (personnel and equipment). Safety Officer - "Safety" - Responsibility: Safety of all personnel and equipment of the incident. . Situation Status Unit Leader - "SITSTAT" -Responsibility: Collects and displays current situation status information. Staging Area Manager - "Staging" - Responsibility: Establish and maintain a staging area for resources and hold until directed to release to a given assignment. . Strike Team /Task Force Leader - "Strike Team _ /Task Force " - Responsibility: Performance of tactical task assigned to the strike team or task force. . Techn Ica I Specialist - "Tech Spec. " - Responsibility: Collect, evaluate and disseminate information concerning specialized technical data. . m 0 0 " -- RESOLUTION NO. 5128(1983 Series A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING!AN APPEAL AND UPHOLDING A PLANNING COMMISSION DECISION TO CHANGE THE NAME OF PERFUMO STREET TO CORAL STREET WHEREAS, the Council of the City of San Luis Obispo,-considered the appeal by Edmee H. Elliott and conducted a public hearing on the matter; and WHEREAS, the council considered the Planning Commission decision, staff recommendations and reports. NOW, THEREFORE the council resolves: SECTION 1. To-deny Edmee H. Elliott's appeal and uphold the Planning Commission-'s decision to change the name of Perfumo Street to Coral Street. SECTION 2. The City Engineer and Community Development Director are directed to take appropriate steps to effect the change in street name, including the replacement of street signs as required. SECTION 3. That this resolution shall take full effect on June 7, 1983.- Orv. notion of Councilwoman Dovey, seconded by Councilman'Dunin and on the following_roll call vote: AYES: Councilmembers Dovey, Dunin and Mayor Billig NOES: Councilmembers Griffin and Settle ABSENT: None the foregoing resolution was passed this 7th ZY011 1983. A" ldnie C. Billig ATTEST: 0 City Cle k Pamela Vog ADP D: Ci y Administrative Offit er ;4, e Qity Attorney V__�\ 9_� Co unity Development Director R 5798 V. 130 ,55 RESOLUTION NO. 5127 (1983 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DENYING A CHANGE OF ZONING ON PROPERTY LOCATED AT'855'MURRAY STREET. WHEREAS, The Tri- Counties Blood Bank has requested a rezoning to property located at 855 Murray Street; and WHEREAS, the Planning Commission and City Council have held hearings to consider appropriate zoning for subject property in accordance with Section 65800 et.seq. of the Government Code; and WHEREAS, the requested rezoning has been evaluated in accordance with the California Environmental Quality Act and the City's Enviromental Impact Procedures and Guidelines and a negative declaration has been granted by the city; NOW, THEREFORE, BE IT RESOLVED, that the City Council denies the requested rezoning finding it an inappropriate intrusion to the residential area and inconsistent with the Housing General Plan. On motion of Councilman Griffin , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Griffin, Dunin and Mayor Billig NOES: Councilmembers Dovey and Settle ABSENT: None the foregoing resolution was passed this 7th day of June 1983. C \ t . Mayo ie C. Billig ATTEST: City Clerk Pamela V R 5127 Resolution No. ;-107 (1983 Series) Page 2 (�: ! �� MU110M "I r', "p Q S City Administrative Officer i,,Xcity Attorney Community Development Director 055 n =i /!S/ RESOLUTION NO. 5126 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1119 (HILLRISE GARDENS) LOCATED AT 480 NORTH CHORRO STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Tract 1119 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 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 in their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. The project is granted a mitigated negative declaration of environmental impact. SECTION 2. Exceptions. That the following exception to subdivision standards is hereby approved, based upon the findings below: 1. Reduced street width on North Chorro Street frontage from 40 feet to a 32 -foot paveout (two 12 -foot travel lanes and two 8 -foot parking lanes) to preserve existing trees along the westerly property line is hereby allowed, subject to the following findings: R 5126 n Resolution No.5126 (1983 Series) Tract 1119 (Hillrise Gardens) Page 2 O A. The exception is subject to such conditions of street design which assure that the adjustment authorized does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. B. Special circumstances apply to the site such as topography, tree locations and surroundings, whereby the strict literal interpretation of the subdivision standards is found to deprive the property of privileges enjoyed by other properties in the vicinity. C. The reduced street width will not constitute a hazard to public health, safety or welfare. SECTION 3. Conditions. That the approval of the tentative map for Tract 1119 be subject to the following conditions: 1. Subdivider shall grant an easement over the common lot area, except under 7. Existing fire hydrant on west side of North Chorro Street adjacent to site shall be connected to 18 -inch main in North Chorro Street to provide required fire flows to the approval of the City Engineer and Fire Department. 8. Subdivider shall install and maintain a private fire hydrant on site to the approval of the Public Works Department and Fire Department. 9. A minimum of 26 parking spaces shall be provided on -site for the exclusive use of homeowners. 10. Five bicycle and five motorcycle parking spaces shall be provided to standards.. structures, for underground public utilities serving the site, to the approval of the City Engineer and affected utility companies. 2. Subdivider shall install separate water meters for each unit. Water meters shall be clustered in the sidewalk at North Chorro Street frontage. 3. On -site sewer shall be privately installed and maintained.. 4. Subdivider shall dedicate access rights along Santa Rosa Street (State Highway 1) frontage to California State Department of Transportation. 5. Subdivider shall install frontage improvements along North Chorro Street and Santa Rosa Street frontage of the site to the approval of the City Engineer and California Department of Transportation. 6. Subdivider shall extend 6 -inch sewer main in North Chorro Street to serve project as required by City Engineer. 7. Existing fire hydrant on west side of North Chorro Street adjacent to site shall be connected to 18 -inch main in North Chorro Street to provide required fire flows to the approval of the City Engineer and Fire Department. 8. Subdivider shall install and maintain a private fire hydrant on site to the approval of the Public Works Department and Fire Department. 9. A minimum of 26 parking spaces shall be provided on -site for the exclusive use of homeowners. 10. Five bicycle and five motorcycle parking spaces shall be provided to standards.. Resolution No. 5126 (1S__ Series) Tract 1119 (Hillrise Gardens) Page 3 11. Subdivider shall prepare conditions, covenants and restrictions to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions: A. A homeowner's association to enforce the CC &R's and provide for professional perpetual maintenance of all common areas including landscaping, private driveways, private utilities, drainage facilities, lighting, walls, fences, etc., in first class condition; homeowner's association shall maintain common lot. B. Grant to the City of San Luis Obispo the right to maintain common area in the homeowner's association fails to perform and assess the homeowner's association for expenses incurred, and the right of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map are being met. C. No parking on the site except in approved designated spaces. D. Grant to the City of San Luis Obispo the right to order vehicles parked in unauthorized places to be towed away on a complaint basis. E. No outside storage of boats, campers, motorhomes, and trailers, nor long -term storage of inoperable vehicles. F. No outside storage by individual units except in designated storage areas. G. No change in city- required provisisons of CC &R's without prior City Council approval. H. Homeowner's association shall file with the City Clerk the names and addresses of all officers of the homeowner's association within fifteen days of any change of said officers of the association. 12. Subdivider shall install one street tree per 35 feet of property frontage to city standards and to the approval of the Public Works Department. Credit for three existing trees along North Chorro Street shall be allowed. 13. Existing trees shall be safety - pruned to the approval of the Parks Maintenance Supervisor. 14. Subdivider shall pay sewer, water and park -in -lieu fees as calculated by the City Engineer and Community Development Department staff. 15. All units shall be numbered in accordance with an addressing plan to be approved by Community Development Department staff and project directory board at project entrance, as approved by the Architectural Review Commission. 16. Noise wall shall be landscaped to the satisfaction of the Community Development Director. Resolution No. 5126 (1983 Series) Tract 1119 Page 4 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 and adopted this 7th day of June , 1983. ATTES . G�'Yr�V Ci Clerk Pamela &ges APP V City Administrative Pfficir Ci y A orney 1 Co munity Development Director Ap pl;(O FI I-& 055 a '--cESOLUTION N0.5125(1983 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND PUBLIC TECHNOLOGY INC. FOR TRANSFER OF THE FIRE RESOURCE MANAGEMENT PACKAGE BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: Section I. That certain agreement, attached hereto marked Exhibit "A" and Incorporated herein by reference between the City of San Luis Obispo and Public Technology Inc. for transfer of the Fire Resource Management Package is hereby approved and the Mayor is authorized to execute the same. Section 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to the Fire Chief and to Public Technology, Inc. On motion of Councilman Dunin , seconded by Councilman Settle 2 and the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of June , 1983. ATTES City Clerk Pamela o es APPVR D: City Administrative Officer .'d /i / �, Fire Chief R 5125 o, II. FIRE RESOURCE MANAGEMENT PACKAGE TRANSFER AGREEMENT THIS AGREEMENT, made and entered into this 71. day of June , 1983 by and between PUBLIC TECHNOLOGY, INC., 1301 Pennsylvania Avenue, N.W., Washington, D.C., hereinafter referred to as "PTI," and SAN LUIS OBISPO, CALIFORNIA hereinafter referred to as the "City" covers the transfer of the FIRE RESOURCE MANAGEMENT PACKAGE, hereinafter referred to as "FRMP" distributed by PTI to the City. The terms of the Agreement are as follows: 1. PTI agrees that it shall provide the Fire Resource Management Package to the City including: a. Those products and services described under Section VI, Project Tasks,, of this Agreement. b. .On -site and other technical assistance as described under Section VIII, Work Schedule, of this Agreement. 2. The City agrees to complete those responsibilities described under Section VII, Management. Plan and to pay PTI the sum of $18,000 (Eighteen Thousand Dollars), said sum to be full and complete compensation for services to be delivered by PTI to the City under this Agreement. The total sum would be payable at the time the Agreement is executed. 3. The City agrees not to make the programs or any other part of FRMP available to any other jurisdictions or organizations without prior written approval from PTI. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal and to a duplicate thereof this 7th day of .June _, 1983. ZZ� O,1,4,5z, CITY CLE X .PAMELA VOG APPROVED AS TO FORM: CITY 0 FUNDS AVAILABLE: FINANCE DIRECTO SAN LUIk OBISPO, CALIFORNIA BY TITLE PUBL T \ NOLO BY G \ `- TITLE President � EXHIBIT B MEMORANDUM '� k.i ® sanidlS ® M �I � e��� ®RAi� ®UM FIRE DEPARTMENT MEMORANDUM 1748 Pismo Street . San Luis Obispo, California 93401 . 805/543 -6046 TO: Geoff Grote, Assistant City Administrative Officer FROM: Michael P. Dolder, Fire Chief DATE: May 24, 1983 SUBJECT: Venture Funding of PTI's Fire Resource Management Package The Fire Department is currently involved in the multi -year objective of developing a fire protection master plan for the city. The master planning process consists of analyzing the community's current fire problems and service levels; defining what the fire protection needs of the community are; and developing a strategy to meet the present and future fire protection needs. As a part of the planning process, we will be looking at the impacts of new development, the most efficient organizational structure for the department, determine acceptable levels of emergency response and reviewing traditional and non - traditional methods of providing fire protection. The master planning analysis and decision making process involves sifting through assorted data, reports., projections and making manual calculations where possible. Because of the volume of inter- related information, the decision- making process often resembles an "educated guess ". Additionally, the complex analysis process will have to be repeated as needs, resources and other community circumstances change. Analysis options currently available include a manual review process using Fire Department staff only, contracting with a consultant to perform a one time analysis study or to involve a combination of Fire Department staff, consultant and technology. In reviewing the analysis options,.l have found that Public Technology Inc. (PTI) has developed a proven technology for fire service evaluation and planning purposes. The.PTI system trains and works with Fire Department staff to perform the analysis and also allows for yearly updates using local resources. The PTI system is called the Fire Resource Management Package (FRMP) and is a method of analyzing and providing more reliable and systematic information. Using a computer, the FRMP analyzes the existing fire protection situation, compares alternatives and provides rational, defensible options and their community impacts. FRMP is more than a means of automating the information and analysis that supports decision making. It serves as a focal point for discussion and understanding of Fire Department needs involving equipment resources, personnel resources, service equity, mutual aid /automatic aid, changing protection needs,. inspection /maintenance needs and much more. PTI, at a one time cost of $18,000 will provide the FRMP which includes Visits from PTI staff, unlimited technical assistance via telephone and letters, data on the experience of other local governments in the U.S. and the software containing the computer programs compatible with the City's existing computer. I am requesting your consideration of funding the Fire Resource Management Package using the 1982 -83 Venture account as the revenue source. MPD:vrd .; May 24, 1983 ,Z EXHIBIT C city ®f sAn US OBivo ADMINISTRATIVE OFFICE Post Office Box 321 • San Luis Obispo, CA 93406 -0321 • 805/541 -1000 To: Paul Lanspery From: Geoff Grote a(/ ✓' Subject: Recommendation that Venture Funding be Used to Finance.PTI's Fire Resource Management Package f! r nn �A hl Attached is a brief description of PTI's role in preparation of our Fire Master Plan. Without repeating all of Mike's comments, suffice to say that PTI offers a program which.performs analysis of local firefighting resources, compares alternatives and provides options for.firefighting strategies. Conversations with Fire Chief Dolder indicate.(and his memo states) that this program serves. as "a focal point for discussion and understanding of Fire Department needs." The cost of the PTI program, which includes PTI staff, technological assistance, computer software, etc., is $18,000.00. I recommend that this one -time expenditure be funded from the Venture Account for the following reasons: 1. This program will significantly advance work on an important objective of.the Fire Department, i.e., Fire Master Plan.. 2. PTI is a proven resource in the area of fire service analysis in that they pioneered computer technology in this area over five years ago. 3. The PTI program is capable of cataloging and analyzing existing'; fire protection capabilities, comparing alternatives and assessing such variables as.personnel.resources, mutual aid, inspection and maintenance, and perhaps most importantly, changing protection needs as we develop the fire service for the future. 4. Payment of this one -time expense in a timely manner will allow PTI and our Fire Department to begin this program within one month's time, thus expediting progress on this important objective.. Paul Lanspery May 24, 1983 Page 2 Currently the Venture Account contains approximately $66,000.00, of which $4,000.00 is recommended for another project. Consequently, the $18,000.00 cost can be accommodated from this account. If funding on this resource meets with your approval, please sign the bottom of the page and I will work with Finance and the Fire Department to.process payment from the account, GG:mp Enc. c.c. Mike Dolder 4 � RESOLUTION NO. 5124 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A LICENSE AGREEMENT BETWEEN THE CITY AND JENS A. AND JUDITH J. BOGESVANG BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain license agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Jens A. and Judith J. Bogesvang for access to maintain a public drainage course (Old Garden Creek) 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 license agreement approved by it to: the property owner, the City Engineer and the Director of Public Works. On motion of Councilman Dunin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers.Dunin, Settle and Dovey NOES: Mayor Billig ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 71-h day of Jimp 1983. R 5124 I Resolution No. 5124 (1983 Series) - dzzQ City Administrative Offilcer City Attorney pgineer it /r EXHIBIT "A" - Recording Requested by and When recorded mail to: City Clerk P.O. Box 321 San Luis Obispo, CA 93406 LICENSE AGREEMENT A.P.N. 52- 571 -38 This Agreement is made and entered into this � day of*" 198_1 by and between Jens A. Bogesvang and Judith J. Bogesvang hereinafter referred to as "Licensors" and the City of San Luis Obispo, a chartered Municipal corporation of the State of California, hereinafter referred to as "Licensee ", (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. Licensors are the owners of certain real property, commonly known as 661 Pasatiempo Drive, in the City of San Luis Obispo, County of San Luis Obispo, California, more particularly described as follows: Lot 14, Tract 405 as per Map Book 8, Page 9 2. Licensee desires to obtain permission to perform certain acts upon Licensor's property. AGREEMENT NOW THEREFORE, in consideration of the mutual and respective covenants and promises set forth herein, the parties agree as follows: A. Licensors hereby grant to Licensee a license to construct, maintain, * operate, patrol, reconstruct, and repair an all weather access road across Licensor's property at the location described below, to service a drainage way along the westerly side of Lots 13 -17 of Tract No. 405 in the City of San Luis Obispo, together with all rights of ingress thereto and egress therefrom. The road shall be constructed and maintained at Licensee's sole cost and expense at the location described below: *non -oiled redrock �-lo y Beginnings the moat westerly corner of Lot 14, the.___ANorth 62° 48' 10" East along the common line of Lots 14 and 15 a distance of 54.00 feet to the True Point of Beginning;. thence South 37° 10' 30" East a distance of 118.84 feet, more or less to the common line of Lots 13 and 14; thence North 27° 11' 50" West a distance of 117.14 feet, more or less, to the common line of Lots 14 and 15; thence South 62° 48' 10" West a distance of 20.00 feet to the True Point of Beginning C. This Agreement may be terminated by either Licensors or Licensee; provided, the party wishing to terminate the Agreement shall first give the other. party 180 days Written notice of intent to terminate this Agreement, at the address below: Licensors Jens A. Bogesvang b Judith J. Bogesvang 661 Pasatiempo Drive San Luis Obispo, CA 93401 Licensee City Clerk City of San Luis Obispo 990 Palm Street P.O. Box 321 San Luis Obispo, CA 93406 Notice shall be deemed complete as of 72 hours after deposit in the U.S. Mail, Certified Mail, Return Receipt Requested. In the absence of such written notice, in the manner described above, this Agreement shall remain in full force and effect. a Z i 6 1h IV row cn v en (Witness— Individual) iffif to Lc 14UST e ..,�.d AND NiU I STATE OF CALIFORNIA COUNTY OF San Luis Obispo } Ss. On -April 12. 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared Arthur Hird. Jr. - ---- -- personally known to me to be the person whose name is subscnbed to the within Instrument, or proved to be such by the oath of a credible witness who is personally known to me, as being the Subscribing Witness dthcrcio, said subscribing Witness being by me duly sworn, Sap_ns uni9sasj t thiUitness resides in and that said wirness was present and saw P. Vu..y RLIVw. Lo saw w m o ne cne same person described in and . nart1— ' ascribed to the within and annexed Instrument as a party thereto, execute and deliver the same, and that affiant subscribed his/her name to the within Instrument u a Witness. ., WITNESS my hand and official seal. . - Signed ATTE U P elaVoges, Cit C1 rk STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO. as. OFFICIAL SEAL MARILYN PERRY t'++YJitt• NOTARY PUBLIC-CALIFORNIA d t PRINCIPAL OFFICE IN •' SAN LUIS OBISPO COUNTY My Commission Expires Aug. 12, 1983 (This area for official notarid seal) LICENSEE o San uig Ob' o By n e C. Bi lig, ayor On this day of in the year before me personally appeared known to me to be °f and known to me to be the person who executed the With>.n instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that executed the same. Notary Public (SEAL) blic s L_ 1 'r 1� _o ,s 3 r �0 m VE n .o m C- (n.z, �- D CA 03 Z Z O ®r- G G) c� (f) m 0 z z . G) O 1� _o ,s 3 r �0 m VE MEETING DATE: / ����n�ib ►►►�IINIIIIIIhIIIIIII city of sari _ais oBIspo June Z 1983 COUNCIL AGENDA REPORT ITEM NU R: FROM: Wayne A. Pete rso Prepare By: Gera W. Kenny City Engineer Supervising Civil Engineer SUBJECT: Consideration of resolutions Approving Four (4) License Agreements for Access to Maintain a Public Drainage Course Between Clover Drive and Westmont Avenue (Tract 405) (James C. & Pamela A. Vegher, Thomas A. & Allison Dorman, Dean E. & Louise Miller, and Jens A. & Judith J. CAD RECOMMENDATION: Adopt resolutions Approving License Agreements and Authorize Staff to Proceed with the Installation of an All - Weather. Road BACKGROUND: In conjunction with the construction of a swimming pool for Thomas A..and Allison Dorman a few years ago at 685 Pasatiempo Drive, it was determined that the.storm drain easement provided with Tract 405 (Ferrini Heights No. 6) in 1971 did not provide for an access road along the easterly top of bank of Old Garden Creek as presumed by city staff within the four (4) lots immediately southerly of Clover Drive. The pool permit was issued since it was clearly outside the existing drainage easement and the city had no grounds to deny the permit. However, the property owner agreed to incorporate structural features to allow city maintenance vehicles to.drive on .the pool deck and also provided gates for access at both sides of his property. This is reflected in the Dorman agreement. The various property owners would not sign standard easement documents further encumbering their properties - but agreed to sign "license" agreements. These agreements are revocable upon 180 day notice by either party. Staff feels these are the best we could expect under the circumstances, especially considering the swimming pool. These agreements allow.the city to construct a 10' -12' wide all- weather (non -oiled red rock) road on the other three (3) properties in order to gain vehicular access to the entrance of the Westmont Avenue culvert to clear debris in emergency (during storms) or routine maintenance situations. The estimate cost of this road is $2,500.00. Construction of the road within the existing easement would require substantial grading, tree removals and retaining walls and would be partially inundated during large storms. If the access rights are ever denied in the future this alternative would always be available. ALTERNATIVES: Option 1: Adopt the resolution; approving the license agreements. Option 2: Direct staff to continue to secure standard agreements which may entail condemnation at considerably higher costs. Option 3: Direct staff to construct a road within the existing easement with retaining walls, grading and revegetation at considerable cost. ���n��b��uuIIIIIiIIIP� ���IIN city or San, ais OBlspo Unrus COUNCIL AGENDA REPORT CnNF:TTRRRN('R e License Agreements June 7, 1983 Page Two. The Community Development Department concurs with the recommendation. No other department has expressed any concerns. FISCAL IMPACT: Estimated cost of installing road is $2,500.00. The funds are available in the Operating Maintenance account. RECOMMENDATION: Adopt resolution approving license agreements and authorize staff to proceed with the installation of an all- weather road. Attachments - 1. Four (4) License Agreements 2. Topographical Plan 3. Vicinity Map c.c. David F. Romero (w /viewgraphs of topo and vicinity map) GWK: j lwp • LWITY MAP SITE CITY MIRA SWOL OE 0 •r wiiz -1 Ito me DR. Im., BLVD. RitMONA DRIVE > q 0 0 �j 0 . •1( Z l _ y l 4 r � .� fir' +# � i '• // i / % � ;: Y � � I IIfJ j aatl � [ I tC iG�•'�''Ei �~) ) i� � �� t >,•. � i�,�' � I � � � "� ilk I - i� t� 1 \ � ` ' bw'�� � •�� '- \� � � 6� it ) � I � ' �° 'P \ ` � `�'• ��•; :� CA Yk tA � X11 I III �I[► �I \ \� :�,� �� \ \ �\ \ ;\ �� AL ,41pu ill l GI � �� �. � 1 �, + •: ��., , , ��:�� tl�� I �� \ •'r �.. ; � � •�•r i�, '�.. r :r% + l 1 , III •'' •- 1 I[�' I I``�I`` � "�� ",� ,•�\ � 1,1,11 �' II I I $I � +�;.; .� ;���•�illk�� i It[ �l I�` 11� ,t �\ .1, 1`�..��1 I1 � 1 + : ' '',', l ' � ,•�l: '°�1� ' i ,` •1j�;il o � , I •y. S t !`t tit `�',�::�� �,, :: , � ► ��• ; , •, ��� ;• �, � • I , ,. �'�� \. � `� ` ,,;,'' �:�� s1 ��, '� \�, \h 111 \ i1 �', �'1,�ti , • � '; � `I . I I I• '(\1.1.`,1, � _ '�� ��•,���� � �\ \ ,, \ , 1 1 �,1 1 , E • j I ,• • ��� 1 � \�� : �:.;, • :.��. T .�''.;...� �.,�,, �`\ \ � \`\ ,, \ � 111 �, �,�; �,',`11`��, 1 \� •�• 1 1 1 , 1, \ \ \ . ,� \ : � �`;�� ;� ' titer• � � •, �% - 111 111` 111111111 111 1 �� ?4 � .. {,:.: I h � � ., \\ �• �`� : �- ;:•�� ,� ' 1 1� 1 ,1\ \ \ 1� 111 , J, 1. _ •', �• I �•� \ •� ' '` �• "A \ \1'� •�r� t I � 4 I � OWN • Via, �� A•`'1, �. [L � \ \ , \ \ \ \ \\ \ \\ � . •> ..\ \:\ .: � •,' i�� r /\ RESOLUTION NO. 5123 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A LICENSE AGREEMENT BETWEEN THE CITY AND DEAN E. AND LOUISE MILLER BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:. SECTION 1: That certain license agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, . between the City of San Luis Obispo and Dean E. and Louise Miller for access to maintain a "public drainage course (Old Garden Creek) 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 license agreement approved by it to: the property owner, the City Engineer and the Director- of Public Works. On motion of Councilman Dunin seconded by ro ncilman Settle , and on the. following roll call vote; AYES Councilmembers Dunin; Settle and Dovey NOES: Mayor Billig ABSENT: :Councilman Griffin the foregoing Resolution was passed and adopted this 7th day of _June - -, 1983. ATTEST: CITYI "CLERK Pamela Vo R 5123 Resolution No. 5123 (1983 Series) i City Administrative bfficei4 City Attorney it . E iii er __ Recording Requested by and Lihen recorded mail to: City Clerk P.U. Box 321 San Luis Obispo. CA 93406 EXHIBIT "All A.P.N. 52- 571 -39 LICENSE AGREEMENT This Agreement is made and entered into this (O day of 4, 19 &7, by and between Dean E. Miller and Louise Miller, hereinafter referred to as "Licensors" and the City of San Luis Obispo, a chartered Municipal corporation of the State of California, hereinafter referred to as "Licensee ", (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. Licensors are the owners of certain real property, - commonly known as 673 Pasatiempo Drive, in the City of San Luis Obispo, County of San. Luis Obispo, California, more particularly described as follows: Lot 15, Tract 405 as per Map Book g, Page 9 2. Licensee desires to obtain permission to perform certain acts upon Licensor's property. AGREEMENT NUW THEREFORE, in consideration of the mutual and respective covenants and promises set forth herein. the parties agree as follows: A. Licensors hereby grant to Licensee a license to construct, maintain, operate, patrol, reconstruct, and repair an all weather *access road across Licensor's property at the location described below, to service a drainage way along the westerly side of Lots 13 -17 of Tract No. 405 in the City of San Luis Obispo, together with all rights of ingress thereto and egress therefrom. The road shall be constructed and maintained at Licensee's sole cost and expense at the location described below: * non -oiled redrock 41o'--1 'Rj�- I w3 "` s Beginnitl ,_.t the most westerly corner of Lot 15. tY. a North 620 481 loll East along the dividing line of Lots 15 and 16 a dista ice of 54.00 feet to the true point of beginning; thence South 270 111 50" East a distance of 85.00 feet to the common line between Lots 14 and 15, thence North 620 481 10" East distance of 20.00 feet, thence North -270 111 50" hest a distance of 85.00 feet to the common line between Lots 15 and 16; thence South 620 481 1011 West along said lot line a distance of 20.00 feet to the true point of beginning. C. This Agreement may be terminated by either Licensors or Licensee; provided, the party wishing to terminate the Agreement shall first give the other party 180 days written notice of intent to terminate this Agreement, at the address below: Licensors Dean E. & Louise Miller 673 Pasatiempo Drive San Luis Obispo, CA 93401 Licensee City Clerk City of San Luis Obispo 990 Palm Street P.U. Box 321 San Luis Obispo, CA 93406 Notice shall be deemed complete as of 72 hours after deposit in the U.S. Mail, Certified Mail, Return Receipt Requested. In the absence of such written notice, in the manner described above, this Agreement shall remain in full force and effect. WITNESS: OF NSOR) a r I: 1 1V ll' "III 'Oil (wiz ncis- Individual) /IMIlit-LE IN�UMANIt AN() TIIUST . nco+sare... .STATE OF CALIFORNIA i COUNTY OP San Luis Obispo f On A-41 17 1 OAi before me, the undersigned, a Notary Public in and for � said State. Persanaly appeared Arthur Hird Jr. - --- -- personally known to me to be the person ;wl{ose name is subscribed to be such by the oath of a credible witness who is personally known to thereto, said subscribing Witness being by me duly sworn, doeoses and says: That this witness resides in San Luis Obispo CA h id fitness was resent and saw thin Instrument, or proved to being the subscribing Witness and c at sal witness Dean E Miller and Louise Mille— personally known to said witness to be the same person „., , OFFICIAL SEAL described in and whose names Merited to the within MARILYN PERRY and annexed Instrument as a party thereto, execute and -m NOTARY PUBLIC-CALIFORNIA deliver the same, and that affiant subscribed his/her 1 PRINCIPAL OFFICE IN name to the within instrument as a Witness. SAN LUIS OBISPO COUNTY WITNESS my hand and official seal. My Commission Expires Aug. 12. 1983 Signed (This lire, for official wwid seal) ATTEST: - � 21, P la Voges, City Lglerk STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO. ss. Ct } S Luis Ob's p By h 1 C'_ g, la or On this day of in the year , before me personally appeared known to me to be of and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that executed the same. (SEAL) Notary Public I _ CLOVER I - ........ -. 1 1 it11 1 m t L 1. (P _1 x20.00' i r�R N 62'48' 10 "E m CDt Icp p o1. q 1 iS 8 ►'u m =, (Y}. U) D '1 I N 62 °48'10 "E f r Z N 20.000 —f, 0� Q' 0 RESOLUTION NO. 5122 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A LICENSE AGREEMENT BETWEEN THE CITY AND THOMAS A. AND ALLISON DORMAN BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION.1. That certain license agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Thomas A. and Allison Dorman for access to maintain a public drainage course (Old Garden Creek) 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 license agreement approved by it to: the property owner, the City Engineer and the Director of Public Works. On motion of Councilman.Dunin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey NOES: Mayor Billig ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 7th- day of June , 1983. ATTEST: CITY CLERK Pamela VnNes m R 5122 Resolution No. 5122 (1983 Series) City Administrative Of_icer City Attorney LAL-L- City EVgineer ^ r ^. Recording Requested by and When recorded mail to: City Clerk P.O. Box 321 San Luis Obispo, CA 93406 LICENSE AGREEMENT EXHIBIT "N' A.P:N. 52- 571 -37 This Agreement is made and entered into this / — day of�i� 198_J, by and between Thomas A. Dorman and Allison M. Dorman, hereinafter referred to as "Licensors" and the City of San Luis Obispo, a chartered Municipal corporation of the State of California, hereinafter referred to as "Licensee ", (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. Licensors are the owners of certain real property, commonly known as 685 Pasatiempo Drive, in the City of San Luis Obispo, County of San Luis Obispo, California, more particularly described as follows: Lot 16, Tract 405 as per Map Book 8, Page 9 2. Licensee desires to obtain permission to perform certain acts upon Licensor's property. AGREEMENT • NOW THEREFORE, in consideration of the mutual and respective covenants and promises set forth herein, the parties agree as follows: A. Licensors hereby grant to Licensee a license for right of ingress and egress via an existing concrete pool deck slab and through existing gates to service a drainage way along the westerly side of Lots 13 -17 of Tract No. 405 in the City of San Luis Obispo, more particularly described as follows: Beginning at the most westerly corner of Lot 16, thence North 62° 48' 10" East along the dividing line of Lots 16 and 17 a distance of 54.00 feet to the True Point of Beginning; thence South 270 11' 50" East a distance of 85.00 feet to the common line between Lots 15 and 16; thence North 62 48' 10" East a distance of 20.00 feet, thence North 27' 11' 50" West a distance of 85.00 feet to the common line between Lots 16 and 17; thence South 62° 48'.10" West along said lot line a distance of 20.00 feet to the True Point of Beginning. 4 B. Licensee shall be responsible for any repairs necessary as a result of Licensee's use of the property C. This Agreement may be terminated by either Licensors or Licensee; provided, the party wishing to terminate the Agreement shall first give the other party 180 days written notice of.intent to terminate this Agreement, at the address below: Licensors Thomas A. S Allison M. Dorman 685 Pasatiempo Drive San Luis Obispo, CA 93401 Licensee City Clerk. City of San Luis Obispo 990 Palm Street P.O. Box 321 San Luis Obispo, CA.93406 Notice shall be deemed complete as of 72 hours after deposit in the U.S. Mail, Certified Mail, Return Receipt Requested. In the absence of such written notice, in the manner described above„ this Agreement shall remain in full force and effect. r r Y Y J F (Witness— Individ u:d ) r/rrr1STITLt INbURANLt AND TRUST •MMCOYMYv STATE OF CALIFORNIA COUNTY OF San Luis Obispo On April 12. 1983 before me, the undersigned, a Notary Public in and for mid StaFte, personally appeared Arthur Hird Jr -- - - ---- -- personally known to me to be the person whose name is subscribed to the within Instrument, ur proved to be such by the oath of a credible witness who is personally known To me, as being the subscribing Witness thcreto,:mid subscribing Witness being by me duly sworn, cleanses and says: That this witness resides in personally known to said witness to be the same person; described in and whose nameskihscribed to the within and annexed Instrument as party Thereto, execute and deliver the same, and that affiant subscribed hisPoex name to the within Instrument as a Witness. WITNESS my hand and official seal. i r Signed ATT'E/STT Y Pam a.Voges, Ci[y C r STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO. as. LICENSEE (This arm for official notarial mW) C' of San Luis Obispo y M Die C. Bi 11. or On this day of in the year , before me personally appeared - known to me to be of and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that executed the same. (SEAL) _. - Notary Public •;, OMCIAL SEAL MARILYN PERRY 'w NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN My Commission. SAN LUIS OBISPO COUNTY Expires A_A. 12. 1923 (This arm for official notarial mW) C' of San Luis Obispo y M Die C. Bi 11. or On this day of in the year , before me personally appeared - known to me to be of and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that executed the same. (SEAL) _. - Notary Public CLOVER DRIVE a 0 n �n M D G) C/) ° Q3 U) z � O� CLOVER DRIVE a 0 RESOLUTION NO. 5121(1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A LICENSE AGREEMENT BETWEEN THE CITY AND JAMES C. and PAMELA A. VEGHER BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain license agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and James C. and Pamela A. Vegher for access to maintain a public drainage course (Old Garden Creek) 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 license agreement approved by it to: the property owner, the City Engineer and the Director of Public Works. On motion of Councilman Dunin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey NOES: Mayor Billig ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 7th day of June , 1983. ATTEST: CITY RK Pamela V e R 5121 Resolution No. 5121 (1983 Series) - CaQ City Administrative Officer Cit Attorney City Ingineer Recording Requested by and When recorded mail to: City Clerk P.O. Box 321 San Luis Obispo, CA 93406 LICENSE AGREEMENT fi f9 EXHIBIT A A.P.N. 52- 571 -36 This Agreement is made and entered into this_ day of 1983, by and between James C. Vegher and Pamela A. Vegher hereinafter referred to as "Licensors" and the City of San Luis. Obispo, a chartered Municipal corporation of the State of California, hereinafter referred to as "Licensee ", (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. Licensors are the owners of certain real property, commonly known as 693 Pasatiempo Drive,.in the City of .San Luis Obispo, County of San Luis Obispo, California, more particularly described as follows: Lot 17, Tract 405 as per Map Book 8, Page 9 2. Licensee desires to obtain permission to perform certain acts upon Licensor's property. AGREEMENT NOW THEREFORE, inconsideration of the mutual and respective covenants and promises set forth herein, the parties agree as follows: A. Licensors hereby grant to Licensee a license to construct, maintain, operate, patrol, reconstruct, and repair an all weather access road across Licensor's property at the location described below, to service a drainage way along the westerly side of Lots 13 -17 of Tract No. 405 in the City of San Luis Obispo, together with all rights of ingress thereto and egress therefrom. The road shall be constructed and maintained at Licensee's sole cost and expense at the location described below: * non —oiled rediock - 4A)y 1 .40 Beginnin/ 1 the most westerly corner of Lot 17, thl North 62° 48' 10" East aloi.. the property line of Lot 17 a distance of —i.00 feet to the true point of beginning; thence South 27° 11' 5i0" East a distance of 85.00 feet to the comaon line between Lots 16 and 17, thence North 62a 48' 10" East a distance of 20.00 feet, thence North 27° 11' 50" West a distance of 85.00 feet to the common line. property line of Lot 17; thence South 62a 48' 10" West along said lot line a distance of 20.00 feet to the True Point of Beginning. C. This Agreement may be terminated by either Licensors or Licensee; provided, the party wishing to terminate the Agreement shall first give the other party 180 days written notice of intent to terminate this Agreement, at the address below: .. Licensors James C. S Pamela A. Vegher 693 Pasatiempo Drive San Luis Obispo, CA 93401 Licensee City Clerk City of San Luis Obispo 990 Palm Street P.O. Box 321 San Luis Obispo, CA 93406 Notice shall be deemed complete as of 72 hours after deposit in the U.S. Mail, Certified Mail, Return2Receipt Requested. In the absence of such written notice, in the manner described above, this Agreement shall remain in full force and effect. rirR1�T11tt IN`hUNANLe i U rono �n I . -nn '� .7 AND TRUST twit"SS— Individual) ' STATE OF CALIFORNIA LL>i Obispo } SS. COUNTY OF - On April 12, _ before Me, the undersigned, a – Notary Public in and for } said State, personally appeared Arthur Hird Jr. – - - - _ personally known to me to be the person whose name is subscribed to the within Instrument, or proved to - „ be such by the oath of a credible witness who is personally known to me, as being the subscribing witness thereto, said subscribing witness being by me duly sworn, x deposes and says: That this witness resides in ,=an Luis Oba ° ^^ �A - °< and thu "said wuneu was present and saw - - e James C Vegher and Pamela A. eg er OFFICIAL SEAL personally known co said witness to be the same person f' MARILYN PERRY described in and whose narn,ds VLgcribed to the within NOTARY PUBLIC CAIIFOflN1A and annexed Instrument as a party thereto, exetu[e and PRINCIPAL OPFlCE IN deliver rhe same, and that affront subscribed his /her SAN. LUIS OBISPO COUNTY 1. name to the within Instrument as a Witness. Mjy Commission. Expires Aug. 12. 1983 WITNESS my hand and official scat. Signed (This nea for official notarial seal) LICENSEE Cit San Luis Obispo � � r A Rela BY G � , el n e C. Billag, Mayo P Vo ges, Ci lerk STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO. as.. On this day of: in the year before me personally appeared known to roe to be of , and known tome to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that executed the same. (SEAL) Notary Public fl 77 0 ul W M 0 M 31 cf� x 0 CLOVER Zoo C. 0 • U) M > > z z Z C.0 rn 0 3 c: (n rn rn o . m G) w x x - rn m (n z ;o -0 -q 0 fl 77 0 ul W M 0 M 31 cf� x DRIVE CLOVER Zoo 00?l fl 77 0 ul W M 0 M 31 cf� x RESOLUTION NO. 5120 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR CONSTRUCTION OF WATERLINES IN LIZZIE STREET, FIXLINI STREET AND WITHIN THE OLD JUNIOR HIGH SCHOOL PROPERTY. BE IT RESOLVED by the Council.of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and San Luis Coastal Unified School District for construction of waterlines in Lizzie Street, Fixlini Street and within the old Junior High School property under the $25,000 Quarterly Program in order to provide improved fire flows at the old San Luis Junior High School is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: the property owner, the City Engineer, the Director of Public Works and the Director of Finance. On motion of Councilman Dunin , seconded by rniiarilman Sottic e and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of June 1983. R 5120 Resolution No. 5120 (1983 Series) City Administrative Offic C ti y Eng"` eer EXHIBIT "A" AGREEMENT AFFECTING,REAL PROPERTY THIS AGREEMENT, dated June 7 ,1983, for the convenience of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City ", and San Luis Coastal Unified School District, the fee owner of the real property shown on Exhibit "A ", attached hereto, hereinafter called "District ". WITNESSETH: In consideration of the mutual benefits,'promises and agreements set forth herein, the parties agree as follows: 1. The City agrees to design and contract for the installation of, and assist in funding the following described water system improvements in accordance with Municipal Code. Section 7410.9 subsection (1), relating to main extensions to new customers other than subdivisions, and City Council Resolution No. 4293; adopted on October 28, 1980, which resolution is made a part of this agreement as though specifically set forth herein. a. City'Maintained System. Construction of approximately 600 linear feet of ten (10) inch diameter waterline in Lizzie Street and, in Fixlini Street to District's property. b. District Maintained System. Construction of approximately 320 linear feet of ten (10) inch diameter and 1195 linear feet of eight (8) inch diameter waterline within District property, beginning at the Northwesterly terminus of Fixlini Street, generally as depicted on the attached Exhibit A, including three (3) new fire hydrants, connection to an existing fire hydrant and a I ten (1) inch diameter detector check assembly and vault. The detector check assembly becomes City property upon completion per City Code. c. This project, including inspection, engineering, and administration thereof is to be partially financed by the City under provisions of Resolution No. 4293, otherwise known as the "$25,000 Quarterly Funding Program ", to the Page Two l extent that said funds are available from the third Quarter of the 1982 -83 program. d. The total estimated cost of this project including engineering, inspection and administration is dig] which the City's agreed contribution ($25,000). The maximum contribution based on the estimated total project $25,000. The District agrees to pay within City R /W,Estimated). ity -two thousand dollars ($82,000) of is to be twenty -five thousand dollars of $25,000 under the Quarterly program is cost within City right -of -way exceeding the balance ($57,000.00 including $6,000.00 2. Said water system improvements have been determined necessary to provide adequate dependable fire protection for the District's San Luis Junior High School at 1600 Fixlini. 3. City agrees to prepare plans and specifications providing for the above - described installation to City standards and to call for bids, award a contract and administer::the same in accordance with the provisions of Section 724 of the City Charter. 4. District agrees to pay the following amounts as its share of the costs for said improvements: a. After receiving bids and prior to award of a contract, District.shall deposit with the City such amount as is necessary to pay for its share of the actual engineering, administration and contract cost of the project as described in Section 1,. paragraph "d" above and as adjusted to conform with the unit prices of the lowest acceptable bid within twenty (20) calendar days of such notification by the City. b. Any increased costs due to change orders or other unanticipated expenses occurring during the course of the project shall be paid by the District within fifteen (15) days after notification thereof by the City; �s Page Three changes resulting in cost decreases shall be credited to the District. 5. For planning purposes, the City estimates that.the water system improvement.will be completed within six (6) weeks after the contract is awarded, and City agrees to use due diligence in seeking timely contract performance. However, the parties recognize that City cannot guarantee timely performance, and District agrees that City shall not be responsible for any loss incurred as a result of delays in contract completion. District also agrees to hold City harmless from all claims by third persons, purchasers or tenants which are based upon delays in performance of the water main construction contract. 6. This agreement, shall be binding upon, and shall inure to the benefit of, the heirs, assigns, and all other successors in interest of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF LUIS OBISPO: DISTRICT: KAY64 MLMLAN BILLIG Bruce L. John Business Man er San Luis Coastal Unified School Distric ATTEST: May 26, 1483 ht9T- -TAP edWIMMION 70 EXHIBIT A QMRTERLy WfiTERLINE AGREEMENT BETklEEN C/TY..$ COAST-4L UN /F /ED SCHOOL D/STRICi RESOLUTION NO. 5119 (1983 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL RATIFYING THE JOINT POWERS AGREEMENT FOR SAN LUIS OBISPO COUNTY AND CITIES AREA'- PLANNING COORDINATING "COUNCIL BE IT RESOLVED by the San Luis Obispo City Council as follows: Section 1. That certain agreement, attached hereto, marked Exhibit A and incorporated herein by reference, between the City of San Luis Obispo and the San Luis Obispo County and Cities Area Planning Coordinating Council ratifying the Joint Powers Agreement is hereby approved and the Mayor is authorized to execute the same. Section 2. That said ratification shall remain in full force and effect for a period of one year from the date of adoption of this resolution. Section 3. The City Clerk shall furnish a copy of this reso- lution and a copy of the executed agreement approved by it to: San Luis Obispo County and Cities Area Planning Coordinating Council. On motion of Councilman.Dunin seconded by Councilman Settle and on the following roll call vote, the fore- going resolution was passed this seventh day of June, 1983. AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None Page 1 of 2 R 5119 Resolution No. 5119. (1983 Series) APP ID: Paul Lanspery, C t Administrator ez� .7400"� Geoffre Grote, Acting City Attorney GLG:mkh Encl: Exhibit A, Joint Powers Agreement cc: City Clerk San Luis Obispo County and Cities Area Planning Coordinating Council Page 2 of 2 June 7, 1983 �s JOINT POWERS AGREEMENT SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING COORDINATING COUNCIL THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended November 4, 1982 by and among such of the iacor- porated cities of Arroyo Grande, Atascadero, E1 Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement, hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500, et seq., of the California Government Code (Title'l, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto, by virtue of Sections 65600 through 65604, inclusive, of the California Government Code have the joint and mutual power to create an area planning commission, herein designated "San Luis Obispo County and Cities Area Planning Coordinating Council. WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and WHEREAS, Section 29532, California Government Code, provides that such a Planning and Coordinating Council shall be designated the regional transpor- tation planning agency to act in matters of transit and transportation planning; and JOINT POWERS AGREMENT Page 2 WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solutions to common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various governmental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, creation of such an agency and action by it upon certain plans and programs is necessary to comply with requirements of federal and state legis- lation in order to participate in the allocation and disbursement of state and federal funds which may be desired by COUNTY and CITIES in the implementation of plans and programs which have been approved by their respective governing bodies. NOW, THEREFORE, it is agreed as follows: I. PURPOSE The San Luis Obispo County and Cities Area Planning Coordinating Council is organized for the permanent establishment of a forum for planning, discussion and study of area -wide problems of mutual interest and concern to COUNTY and to CITIES; for the development of studies and adoption of regional .plans; to .serve as a regional agency for certain federal and state programs; and for other actions commensurate with the desires of the member governments. II. POWERS The San Luis Obispo County and Cities Area Planning Coordinating Council hereinafter called "Area Council," is hereby created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to carry out the purposes hereinabove stated and to implement the annual JOINT POWERS AGREMENT Page 3 work program approved by COUNTY and CITIES, including the power to contract for goods and services; to provide for employment of'necessary personnel, experts and consultants; to accept gifts, loans, grants; and to administer the affairs of the Area Council hereby created in accordance with this Agreement. Pursuant to Section 6508.1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the Area Council shall not be the debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise provided herein. III. NAME The official name of the organization hereby created shall be the. "San Luis Obispo County and Cities Planning Coordinating Council. IV. MEMBERSHIP 1. Membership in the Area Council shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future, are declared eligible for membership in the Area Council. 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the Area Council in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to the Area Council sha11 consist of the.five members of the Board of Supervisors of the County of San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be JOINT POWERS AGREMENT C Page 4 G removed by a majority vote of their respective governing bodies. Vacancies among representatives shall.be filled in the same manner as the first appointment. 3. Member agencies may elect to have an alternate member in addition to any official member, but said alternate shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or alternate, or changes thereto, shall be transmitted in writing to the Secretary of the Area Council by the appointing city or the county. 5. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the Area Council may do so by executing this Agreement without prior approval or ratification of the named parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. V. OPERATION 1. The powers of the Area Council are advisory to the member agencies which execute this Agreement except for those actions mandated by state or federal law for the processing of applications submitted by any of the member agencies for federal and state grants or funds which require action by the Area Council. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, however, that JOINT P0WERS AGREMENT Page 5 the recommendations of the Area Council may have the effect of precluding any favorable action by an agency of the state of federal government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and policies applic- able to them. 2. Except as otherwise provided herein, there shall be no costs incurred by Area Council pursuant hereto, other than expenses of its members, which are to be borne by their respective entities; and the cost of services by the officers and personnel of the respective entities to said Area Council, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. All costs incurred by Area Council performing functions as the regional transportation agency for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seg., Government Code as provided for therein. 3. Costs of Area Council for each fiscal year which are.necessary for the ordinary operation of the Area Council, including but not limited to office space, furniture, supplies and postage; and excepting those functions performed as the regional transportation agency, shall be borne by COUNTY in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the Area Council shall be borne by contributions from the member entities as approved by their governing bodies. Costs of all activities undertaken by Area Council as the regional trans- portation planning agency shall be set forth in the budget as part of the annual work program of Area Council and shall be funded from the transportation fund pursuant to applicable state statutes. JOINT POWERS AGREMENT / Page 6 4. The annual work program and budget, when adopted shall be the basis for operation of Area Council for the fiscal year. Any deviation from the work program affecting.the budget shall be returned to the member agencies for approval. 5. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including two COUNTY represen- tatives. No action shall be effective without the affirmative votes of a majority of representatives. However, eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote. The representatives to the Area Council shall adopt such procedures as are con- sistent with this Agreement and necessary to conduct the business of Area Council in an orderly manner. VI. OFFICERS 1. The officers of the Area Council shall consist of a President and Vice - President elected for a term of one year by a majority vote of member agency representatives to the Area Council. 2. Both the President and Vice - President of Area Council shall be elected at the May meeting (annual meeting). 3. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: a. President 1) Shall preside over meetings of the Area Council as Chairman. 2) Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said Area Council. �I JOINT POWERS AGREMENT Page 7 4) Shall be an ex- officio member of all committees. 5) Shall execute all contracts and legal documents on behalf of the Area Council. b. Vice - President 1) Shall serve as Chairman pro - tempor in the absence of the President. 2) Shall give whatever aid necessary to the President in administering of the Area Council. 3) Shall be an ex- officio member of all committees. 5. In the event of a vacancy occurring in the office of either the President or Vice - President upon said offier's death, resignation, removal or his ceasing to be an official representative of a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the Area Council, the officer elected to serve for the balance of the unexpired term. VII. STAFF 1. The Area Council shall appoint a Secretary to serve at its pleasure, who will perform the following duties and such others as may be assigned by Area Council. a. Prepare and submit the annual work program and budget to the Area Council for its approval and to the parties hereto for ratifi- cation. b. Shall keep an accurate account and file of all meetings. C. Shall disburse all funds in accordance with the policies of the County - Treasurer and the County Auditor /Controller and the budget and work program adopted by the Area Council. JOINT POWERS AGREMENT Page 8 d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the Area Council on all committees. f. Shall insure that Area Council renders a written year end report reflecting activities of the preceding fiscal year, said year end report to be distributed to each of the participating member bodies. g. Shall be responsible for directing those employees authorized by the Area Council in the budget. Employees are to be appointed by the Area Council on the recommendation of the Secretary and to serve at the pleasure of the Area Council. 2. The Secretary of the Area Council shall have charge of, handle and have access to any property of the San Luis Obispo County Area Council of Governments. 3. The Secretary, Treasurer, and Auditor - Controller shall be. bonded or self - insured through the county in lieu of bonds (in accordance with Government Code Section 24156) in the sum of $1000. VIII. MEETINGS 1. Regular meetings of the Area Council shall be held at.least six (6) times a year or at more frequent intervals as approved by the Area Council. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of the Area Council. Actual notice of special meetings must be given at least three (3) business days inadvance. 3. Meetings shall be open to the public as required by state law. 4. Regular meetings shall be held in the first week of January, March, May, July, September and November. The May meeting shall be designated the "annual meeting." JOINT POWERS AGREMENT Page 9 5. The Secretary of the Area Council will.direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of the Area Council or vote on any motion before the Area Council. 7. The meeting agenda shall be prepared by the Secretary to the Area Council. Agenda material shall be submitted to the Secretary at least twenty -one (21) calendar days prior to the next regular meeting and distributed to members at least fourteen (14) calendar days prior to the next regular meeting to allow member agencies to instruct their representatives on voting direction.. Unless authorized by majority vote of the representatives at a regular meeting, only agenda items shall be considered by the Area Council. 8. The.Area Council, at the discretion of the President, may memorialize any of its actions by resolution. 9. Robert's Rules of Order or such other rules as the Area Council may adopt will govern all proceedings not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. 11. The Area Council shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all Area Council meetings shall be kept by the Secretary to the Area Council and shall be submitted to member agencies. I%. COMMITTEES 1., Committees and.subcommittees may be established as the Area Council may deem appropriate. 2. Membership on committees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these aforesaid committees to officials of the member agencies. The President may appoint any • e n JOINT POWERS AGREMENT Page 10 J individual deemed qualified to serve on a committee. Standing committees shall include the Administration Committee, comprised of all managers and adminis- trators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agency planning officials nominated by their respective agencies; the Public. Works Committee, comprised of all agency engineering officials nominated by their respective agencies; and the Transportation Committee. The Area Council may organize such other technical advisory committees as it deems necessary to carry out Area Council functions. 3. No committee shall commit the Area Council on any matter or questions of policy. Such matters or questions can only be decided by the Area Council. 4. All committees shall receive clerical assistance from the Area Council staff for the purpose of maintaining minutes of meetings and other such duties as the Secretary may direct. The chairman of each committee shall sign the original copy of the minutes indicating his verification of contents. Copies of minutes of all meetings shall be sent to members of the Area Council and the Secretary. X. FINANCE 1. The Area Council shall have no power to expend funds on any project for which funds have not been budgeted, nor on day item in excess of the budgeted amount without specific approval of two - thirds of the governing bodies of the member agencies including COUNTY. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and he shall have custody of all money of the Area Council from whatever source received. It is further understood that the Auditor /Controller of the County of San Luis Obispo is, as such, auditor of the Area Council. t JOINT POWERS AGREMENT Page 11 XI. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve.as official members of the Area Council or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come before the Area Council, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. 2. Any party.to this Agreement may withdraw from the San Luis Obispo County and Cities Area Planning Coordinating Council and terminate its participation in this Agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. 3. A member withdrawing shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to Area Council, provided, however, that Area Council may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the Area Council. If any party hereto fails to pay its contri- bution, as determined by Area Council, said entity shall be deemed to have voluntarily withdrawn from the Area Council. 4. Area Council may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY.and CITIES which are parties hereto. Said rescision Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of Area Council in proportion to the contributions made. JOINT POWERS AGREMENT Page 12 %II. EFFECTIVITY This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. 19B JOINT POWERS AGREMENT Page 13 JOINT POWERS AGREEMENT CITY OF ARROYO GRANDE By: Mayor Clerk CITY OF ATASCADERO By: Mayor Clerk CITY OF GROVER CITY m Mayor Clerk CITY OF MORRO BAY By: Mayor Clerk CITY OF PASO ROBLES By: Mayor Clerk CITY OF PISMO BEACH By: Mayor Clerk Date: Resolution No. Date: Resolution No. Date: Resolution No. Date: Resolution No. Date: Resolution No. Date: Resolution No. Date: June 7, 1983 Resolution No. 5120 I JOINT POWERS AGREMENT i Page 14 COUNTY OF SAN LUIS OBISPO By: Chairman Clerk 19B Date: Resolution No. i RESOLUTION NO. 5118 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT FOR EXCHANGE OF PROPERTY AND CONSTRUCTION OF RESTAURANT BETWEEN CITY OF SAN LUIS OBISPO AND GWOCK DI GIN AND YUT GIN. 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 Gwock Di Gin and Yut Gin 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: Gwock Di Gin and Yut Gin On motion of Councilwoman Dovey , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle,Griffin and Vice -Mayor Dunin NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 17th day of May -., 1983 VICE- YOR RON DUNIN ATTEST: CIT CLE App ve City AdministrYtive Offficer _AMIA�t� ' City Attorney R 5118 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 r EXCHANGE AGREEMENT THIS AGREEMENT is entered into by and between the CITY OF SAN LUIS OBISPO,.hereinafter referred to as "CIT.Y," and GWOCK DI GIN and YUT GIN, husband and wife, hereinafter referred to 11 as "GIN" ; This Agreement is made based upon the following agreed upon facts: A. This Exchange Agreement is made under the threat by CITY of condemnation of property owned by GIN; B. The GIN family has operated a Chinese restaurant in this area for over one hundred (100) years in the historical "Chinatown" portion of the City of San Luis Obispo, including over thirty (30) years by GIN on the current site, and has conferred a significant benefit upon the CITY; C. The CITY is desirous of building a parking structure on property .including•that owned by GIN. To avoid time con- suming and very expensive condemnation litigation and to most economically resolve this matter in a manner beneficial both to CITY and GIN, the parties hereto are entering into this Exchange Agreement. NOW, THEREFORE, the parties hereto agree as follows: I. EXCHANGE OF PARCELS 1. CITY agrees to convey to GIN that certain real property located in the City of San Luis Obispo, State of California, at 842 Palm Street, hereinafter referred to as Parcel "A," and described in Exhibit "A" which is attached hereto and incorporated herein. CITY shall also convey an easement for ingress and egress from Palm Street to the delivery area of the 5/13/83 1 Restaurant Building referred to in Paragraph III hereof. The 2 general location of said easement shall be as shown on the sketch 3 attached hereto as Exhibit "E" and incorporated herein by this 4 reference. Prior to the close of escrow, a legal description for 5 the easement shall be prepared which allows a sufficient turning g radius for delivery trucks of up to twenty -four (2.4) feet to be 7 driven in from Palm Street, turn around within the easement and 8 back into the delivery area of the restaurant. The easement 9 description shall also provide that a portion of the easement 10 area adjacent to the restaurant delivery area large enough to 11 park one car shall be reserved for the exclusive parking use by 12 GIN or his designee at no cost to GIN. Such easement description 13 shall be prepared by CITY and subject to GIN's approval prior to 14 close of escrow. GIN's approval shall not be unreasonably 15 withheld. 16 2. GIN agrees to convey to CITY that certain real 17 property located in the City of San Luis Obispo, State of 18 California, at 861 Palm Street, hereinafter referred to as 19 Parcel "B," and described in Exhibit "B," which is attached 20 hereto and incorporated herein. 21 3. Within fifteen (15) days of execution of this 22 Agreement, CITY shall pay to GIN $25,000 as compensation for his 23 relocation expenses. 24 II. CONDITIONS OF TITLE 25 1. CITY shall convey title to Parcel "A" and the 26 appurtenant easement to GIN, free and clear of all covenants, 27 conditions, restrictions, reservations, liens, easements, and 28 5/13/83 -2- I 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 liens for taxes and assessments not yet payable, other than public utility easements, approved in writing by GIN. 2. GIN shall convey title to Parcel "B" to CITY, free and clear of all covenants, conditions, restrictions, reserva- tions, liens, easements and liens for taxes and assessments not yet payable, other than public utility easements. Any outstand- ing trust deeds or other liens on Parcel "B" must be paid by GIN prior to close of escrow. -III. CONSTRUCTION OF IMPROVEMENTS 1. It is understood that Parcel "A" is presently undeveloped. Prior to conveying title to GIN, CITY shall cause to be constructed on said parcel at its sole expense, the fol- lowing improvements: A restaurant building containing approximately 4,100 square feet being complete and ready for occupancy and operation of a restaurant with apartment per plans and specifications attached hereto as Exhibit "C" (referred to hereinafter as "Restaurant Building "). Construction and land uses shall comply with all City, State, County and federal regulations, ordinances, and statutes, and shall be a conforming use under the CITY's zoning regulations. Construction shall.be completed and the restaurant ready for operation by the close of escrow. 2. CITY shall be responsible for securing and paying for all permits necessary for the construction and opening of the Restaurant Building. CITY shall retain the contractor of its choice to complete the construction of said improvements in a 28 5/13/83 -3- 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 workman like manner and in accordance with the plans and speci- fications. 3. Any change orders shall be subject to prior written approval by GIN. GIN may request changes in the plans and specifications. If, however, those changes result in in- creased cost of construction, the cost of same will be deposited in advance of any such change. In the event of a dispute as to the amount of the costs, the amount advanced shall be determined by the neutral observer referred to in Paragraph IV, but will be subject to later adjustment upon the ascertainment of the actual cost_ If any such request will delay construction, GIN must waive any losses caused by additional downtime of the existing restaurant which are proximately caused by such delay. Notwith- standing anything herein to the contrary, CITY may reasonably refuse any such change order request which, in CITY's sole opinion will result in delays..-.to CITY's timetable for construction of the parking structure referenced hereinabove. 4. Unless and until construction of the Restaurant Building is certified by the neutral observer referred to in Paragraph IV as being complete and ready for occupancy and It operation according to plans and specifications, GIN shall retain title to Parcel "B" and retain the exclusive right to occupy and operate the existing restaurant and residence without interruption by CITY or its agents. During such-'time,-construc- tion activities for the parking facility or any other activities by CITY or its agents or contractor or subcontractors shall not result in any interference or impairment in the use and operation of the existing restaurant or use of the existing residence_ 5/13/83 -4- 1 2 3 4 b 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. 26 27 28 5. Within seven (7) days of service of written notice on GIN of certification by the neutral observer of com- Ipletion and readiness for occupancy and operation of the Restaurant Building, GIN shall vacate the premises described.in Exhibit "B" and deliver possession to CITY. Should GIN fail to deliver possession within such time, GIN hereby waives the time periods for notice (but does not waive notice) required in Code lot Civil Procedure § 1255.450(b) and Government Code § 7267.3 for prejudgment possession.. GIN shall retain ownership of all Lpersonal furnishings and belongings, paintings, mirrors, deco- rative screens, restaurant stock in trade, supplies, utensils and equipment, except such items which CITY is providing new replacement equipment or furniture in the new Restaurant Building. The items to be retained by GIN include those listed in Exhibit which is incorporated herein by this reference. Such items which are being replaced in the new-Restaurant Building (such as dining room tables and chairs and specified kitchen equipment) shall remain•as the property of CITY. 6. Any samples, colors, substitutions or shop draw- ings for which the plans and specifications require prior archi- tect approval shall also be submitted for approval by GIN. GIN's review shall-be expeditious so as not to delay the project and his approval shall not be unreasonably withheld. IV. NEUTRAL OBSERVER 1. CITY shall contract with Greg Wilhelm, AIA, 1.110- F California Boulevard, San Luis Obispo, California, or another mutally agreeable architect, to act as a neutral observer- of the construction of.the. Restaurant Building. The neutral observer. 5/13/83 -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 28 Ishall be an architect licensed in the State of California, whose office is within forty (40) miles of the City of San Luis Obispo. All expenses for the neutral observer shall be paid by CITY. However, the neutral observer shall act on behalf of both CITY and GIN. 2. The neutral observer will be retained to be on the fob site for approximately thirty (30) hours during the entire course of construction. It is understood that the neutral observer is not being retained to insure against any deviation from the plans and specifications since he will be on the fob site only periodically and can, at best, render a professional opinion as to the conformity of the actual construction to the plans and specifications. Therefore, the services of the neutral observer shall be limited to: a. Communicating in writing to CITY, GIN and the CITY's architect, any-deviations from the plans and specifi- cations he may observe during the course of the construction; b. Upon completion of construction, the neutral observer shall render his professional opinion as to whether the construction of the Restaurant Building has been completed in accordance with the plans and specifications attached as Exhibit "C" and whether the facility is ready for occupancy and opera- tion. The neutral observer shall render his opinion in writing to the CITY, the CITY's architect, GIN, and the escrow holder re- ferred to in Paragraph V. The sole purpose of such opinion shall be to determine if the condition of escrow referred to in Para- graph V.4.c.(2) has been satisfied so as to allow the close of escrow and the consummation of the exchange of property provided 5/13/83 -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 G for herein. For the purpose of determining whether such condi- tion of escrow has been met, and for this purpose only, the de- cision of the neutral observer shall be binding upon both GIN and CITY; C. In the event of a dispute, providing esti- mates for change orders requested by GIN pursuant to Paragraph III.3. hereof. V. CONDITIONS OF:ESCROW 1. The exchange of Parcel "A" and Parcel "B" shall be consummated by means of an escrow which shall be opened with First American Title Insurance Company in San Luis Obispo, hereinafter referred to as "Escrow Holder," promptly following the execution of this Agreement. CITY shall pay all expenses of escrow, including escrow fees, recording fees and transfer fees. 2. The escrow instructions given to the Escrow Holder shall incorporate the .:terms of this Agreement and shall be con- sistent herewith and shall provide that if there is any incon- sistency between the terms hereof and the escrow instructions, the terms of this Agreement shall control. 3. General and special real property taxes and interest and assessments for the current fiscal year shall be prorated as of the close of escrow. 4. The escrow instructions shall provide that Escrow Holder shall concurrently record CITY's Grant Deed to Parcel "A" with appurtenant easement to GIN and GIN's Grant Deed to Parcel. "B" to CITY when:. a. Escrow Holder can obtain usual Form ALTA Standard Coverage Policy of Title Insurance issued by First 5/13/83 -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 25 26 27 28 (American Title Company showing title to Parcel "A" and appurte- nant easement vested in GIN, or nominee; b. Escrow Holder can obtain usual Form ALTA Standard Coverage Policy of Title Insurance issued by First American Title Company showing title to Parcel "B" vested in CITY; C. The closing of escrow provided herein shall be contingent upon the following: (1) The performance by each party of all matters required to be performed by him hereunder; (2) Submittal of a written statement of the neutral observer stating that, in his professional opinion, the construction of the Restaurant Building has been completed in accordance with the plans and specifications attached as Exhibit "C" and the facility is-ready for occupancy and operation; (3•)- The recordation by CITY of a final parcel map creating Parcel "A." 5. Escrow shall close by July 1, 1984. In the event escrow fails to close by such date for failure of CITY to satisfy any conditions of escrow, CITY shall elect, in writing, not later than July 10, 1984, to either: a. Terminate the escrow immediately and thereby terminate the rights and the obligations of both parties to exchange Parcels "A" and "B." In such event, GIN shall retain the $25,000 relocation expense payment provided for in Paragraph I.3.; or b. Continue the escrow for up to one (1) addi- tional year or until the CITY has satisfied all conditions of 5/13/83 n I -N 1 escrow, whichever period is shorter. In such event, CITY shall 2 compensate GIN for such delay at the rate of $100 per day from 3 July 1, 1984, until close of escrow. Such payments shall be made 4 monthly by CITY directly to GIN, payable on the first day of each 5 month. 6 6. Nothing herein shall be construed to preclude CITY 7 from terminating this Agreement at any time. In the event of 8 CITY's termination at any time prior to July 10, 1984, GIN shall 9 retain the $25,000 relocation expense payment provided for in 10 Paragraph I.3. In the event of CITY's termination on or after 11 July 10, 1984, GIN shall retain the aforementioned $25,000 and 12 shall be compensated under the terms of subparagraph 5.b., immedi- 13 ately above, to date of receipt, by GIN, of CITY's written notice 14 of such termination. 15 7. In the event of termination of this Agreement by 16 CITY, GIN agrees that;.he shall be entitled to no damages or other 17 remedies, legal or equitable, including, but not limited to, 18 specific performance of this Agreement, except as provided in 19 Paragraph V.6. GIN hereby waives his right to such other damages 20 or remedies; provided, however, that this waiver shall not apply 21 to remedies, damages, or injuries occurring as a result of any 22 interference or impairment in the use and operation of the 23 existing restaurant and.residence occasioned by construction 24 activities for the referenced parking facility, 25 VI. TITLE INSURANCE 26 1, At the close of escrow, GIN shall be entitled to 27 receive from First. American Title Insurance Company at CITY's 28 expense, its usual Form ALTA Standard Coverage Policy of Title 5/13/83 =9= 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 4� Insurance in the amount of $275,00.0 showing title to Parcel "A" and appurtenant easement, vested in GIN free and clear of all matters except those stated in Paragraph II. 2. At the close of escrow, CITY shall be entitled to receive from First American Title Insurance Company at CITY's expense, its usual Form ALTA Standard Coverage Policy of Title Insurance in the amount of $275,000 showing title to Parcel "B," vested in CITY free and clear of all matters except those stated in Paragraph II. VII. LEGAL ACTION TO ENFORCE AGREEMENT In the event of any controversy, claim, or dispute relating to this Agreement or its breach, the prevailing party shall be entitled to recover from the losing party reasonable expenses, including attorney's fees and costs. VIII. WAIVERS The waiver.by one party of the performance of any covenant, condition or promise contained herein shall not in- validate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition, or promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or any identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and the provision in this Agreement for any remedy shall riot exclude other consistent remedies unless they are expressly excluded. 5/13/83 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r X. ASSIGNMENT_OF.ACTIONB..AGAINST TY '. S, T/ In the event of filing of suit by or against GIN alleging damages or injury resulting from defective design or construction of the Restaurant Building, CITY shall assign to GIN all rights it may have, or hereafter acquire, against the contractors, subcontractors, engineers, architects, inspectors, or other agents of CITY relating to defects in the construction or design of the Restaurant Building, including, but not limited to, rights to action, defense and indemnification; provided, however, that CITY shall not be obligated to so assign if by doing so CITY is thereby left unprotected against claims or actions, pending or prospective. CITY shall also require ade- quate performance and labor and material bonds-to be posted by the contractor and shall have responsibility for clearing any stop orders or mechanics lien(s) arising out of the construction and design of the Restaurant Building. XI. DEFENSE OF THIRD PARTY ACTIONS CITY shall provide legal defense and indemnify GIN for any damages or costs resulting from any legal action naming GIN which challenges the legal ability of CITY and /or GIN to carry out the terms of this Agreement, such as a third party action to enjoin CITY from going forward with the parking structure and Restaurant Building project. If there is no conflict of interest, CITY may provide defense to any such action by the same legal counsel as represents the CITY. 5/13/83 -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 aJ XII. NOTICE 1. Any notice to be given or other document to be delivered to either party or by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid and addressed as follows: CITY: City Attorney P.O. Box 321 San Luis Obispo, CA 93406 GIN: Steven Yung P.O. Box 1380 Atascadero, CA 93423 2. Either party hereto may, from time to time, by written notice to the other, designate .a different address which shall be submitted in place of the one specified above. XIII. CONSTRUCTION OF AGREEMENT In the construction of this instrument, the use of the masculine shall be deemed to include the feminine and neuter, and the use of the singular shall be deemed to include the plural. Where performance is required within a specified time period, it is agreed that time is of the essence and failure to comply with such requirement is a material breach of this Agreement. XIV. AGREEMENT RUNS WITH THE LAND Each covenant and condition contained in this Agreement shall inure to the benefit of and be binding on the real property described in Exhibits "A" and "B," and the parties to this Agreement, their respective heirs, personal representatives, assigns, and other successors in interest. 5/13/83 -12- i 1 XV. ENT,IRE AGREEMENT 2 This Agreement contains the entire Agreement of the 3 parties hereto and supersedes any prior or written oral agree - 4 ment between them concerning the subject matter contained herein. 5 There are no representations, agreements, arrangements, or under - 6 standings, oral or written, between the parties hereto, relating 7 to the subject matter contained in this Agreement, which are not 8 fully expressed herein. 9 Executed on /�'1�� 17T-"Z, 1983, at San Luis Obispo, CA. 10 11 CITY OF SAN LUIS OBISPO 12 ATTEST: By ; 13 /� V -MAYOR RON DUNIN ' CITY FLERK PAMELA TOG 14 15 �n1aGx.D1. G-.1.N GWOCK DI GI 16 17 18 Y ' GIN 19 20 21 22 23 24 25 26 27 28 5/13/83 -13- EXHIBIT "A" PARCEL "A" That portion of Lot 4, Block 15 of the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the official map of said City on file in the Office of the County Recorder of said County recorded in Book A, Page 168, of Maps recorded May 1, 1878, described as follows: Beginning at a point on the Northerly line of Palm Street said point being the dividing line between Lots 4 and 5, thence Southwesterly along Northerly line of Palm Street a distance of 5.00 feet to the true POINT OF BEGINNING, thence Northerly parallel to the dividing line of Lots 4 and 5 a distance of 119..25 feet more or less to the Southerly line of the property conveyed to George A. Freitas by deed dated Match 15,. 1919 and recorded in Book 131 of Deeds at Page 215 in the records of said County, thence Southwesterly along said southerly line a distance of 38:25 feet, thence at right angles Southeasterly a distance of 119:25 feet, more or less to the Northerly line of Palm Street, thence Portheasterly along said Northerly line of Palm Street to the true POINT OF BEGINNING. EXHIBIT "A" EzHieit g DESCRIPTION OF PARCEL "B ALL THAT PART OF BLOCK 14 OF 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 MAY ], 1878 IN BOOK A, PAGE,,168 OF MAPS,. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID BLOCK, DISTANT THEREON NORTH 530 38' EAST, 143.33 FEET FROM THE MOST WESTERLY CORNER OF SAID BLOCK, SAID POINT BEING THE MOST NORTHERLY CORNER OF THE PROPERTY CONVEYED TO FERDINANDO CHIESA, BY DEED DATED JULY 11 1912 AND RECORDED IN BOOK 93, PAGE 136 OF DEEDS; THENCE SOUTH 360 22' EAST, 70.25 FEET TO THE MOST WESTERLY CORNER OF THE PROPERTY CONVEYED TO SERAFINO J. MARTINELLI AND CARMEL MARTINELLI, BY DEED DATED FEBRUARY 8, 1956 AND RECORDED APRIL 11 1966 IN BOOK 1391, PAGE 479 OF OFFICIAL RECORDS; THENCE SOUTH 810 22' EAST, 8.13 FEET TO A POINT; THENCE NORTH 530 38' EAST, 36.75 FEET TO A POINT; THENCE NORTH Be 38' EAST, 8.1.3 FEET TO A POINT; THENCE NORTH 360 22' WEST, 70.25 FEET TO THE SOUTHERLY LINE OF PALM STREET; I --' THENCE ALONG THE SOUTHERLY LINE OF PALM STREET, SOUTH 530 38' WEST, 48.25 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION THEREOF INCLUDED WITHIN THE PRESENT LINES OF PALM STREET. CEND OF DESCRIPTION) EXHIBIT �I EXHIBIT "C" AVAILABLE IN CITY CLERK'S OFFICE EXHIBIT "C" �i EXHIBIT "D" The following items to be kept by GIN: 1. All the personal belongings in the residence, such as furniture, household items, clothing, pictures, safe, dishes, and pots and pans. 2. Items in the restaurant: a. All the cooking utensils, including pots and pans and dishes; b. All the stock in trade; C. All the tablecloths and coverings; d. High chairs and booster.seats; e. Four (4) sets of draperies; f. Two (2) neon signs (Shanghai Low and Chop Suey); g. One (1) Larld electric water dispenser; h. Two (2) large mirrors; i. Two (2) freezers; j. Ten (10) large pictures; k. Two (2) 72" tables; 1. Two (2) 72" round tables, tops complete with lazy susan; M. Two (2) 48" round tables; n. Ten (10) wood chairs; o. Coat hangers; P. Electric fan; q. Stainless steel worktables; r. Stainless' "steel shelves; S. Two (2) refrigerators; t. Icemaker; U. Stainless steel stand; V. Wolf boiler (in the storage room); W. Stainless steel sink (in the storage room); X. Everything in the storage room; Y- Cash register complete with the counter; Z. Everything in the office; and aa. All the plants and interior decor. EXHIBIT "D" C140RI?o 15rRifif T- MORRO SrREof-7- EXHIBIT "t'l k Lu 14J id-5 Afls 453 -0135 /000, SCA4.0 -5'0' MORRO SrREof-7- EXHIBIT "t'l k Lu 14J id-5 ��:g6lsliill� `'lllal�l�� IIII I'll,�!I.,il;i1 Ih �'I II .� Iii I��i� i? i'a �iChlne,m.:• IN rr cIuy o S LUIS ®lap® OFFICE OF THE CITY ATTORNEY Post Office Box 321 • San Luis Obispo, CA 93406 -0321 • 8051541 -1000 May 20, 1983. Roger Lyon 1304 Pacific Street San Luis Obispo, CA 93401 Dear Mr. Lyon: To confirm our understanding reached earlier-today the following three -items constitute Exhibit C of the Shanghai Low exchange Agree ment approved byyouur clients (Gins) and the San Luis Obispo City Council on May 17, 1983: . 1. Letter (3 pages) to you from Bruce Fraser of MDW Associates, dated 16 May, 1983, copy attached. 2. Twenty -six sheets of 24 X '36" prints, the working drawings for the new restaurant, dated May 20, 1983. 3. Volume 2 of the specifications for the restaurant, consisting of 283 pages, dated April These three items are filed in the City Clerk's Office as part of the agreement, also on file there with the balance of the exhibits. Enclosed is a signed duplicate original of the agreement along with a copy of the resolution approving same. , I've asked Anne Russell to arrange for the $25,000 payment as called out in the agreement. Please call her if you have any questions. Best wishes to you and your new partnership. Veryruly George Tc er City Attorney GCT /lp Encls. CC: Bruce Fraser., MDW Pam Voges, City.Clerk Anne. Russell �J RESOLUTION N0. 5117 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING RATES FOR SOLID WASTE DISPOSAL AND SUPERSEDING RESOLUTION NO. 4169 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to the provisions of the Municipal Code Section 5200.6A, this Council hereby establishes the solid waste disposal charges as follows: (a) Households- For the service of collecting all refuse, garbage, solid waste or rubbish ordinarily produced in and about the household, but not including dead animals, or the refuse from the construction, demolition or alteration of buildings, earth, rocks or incinerator ashes, placed at the front of the residence, the following rates per month are established: Single Family Residences: - - -- Effective Dates /Amounts - -- 1 'collection per week 07 -01 -83 07 -01 -84 $ 5.15 $ 5.60 The above service includes a weekly pickup of up to one (1) cubic yard of rubbish.including tree trimmings, grass cuttings, dead . plants and weeds, provided that such rubbish shall be deposited inappropriate containers that can be handled by one man and placed on the curb in front of the residence. For collection other than at curb in front of residence; per container of 35 gallons or. less, per month; an. additional charge will be made effective: - - -- Effective Dates /Amounts--- 07 -01 -83 07 7-01 784 $ 2.40 $ - 2.60 Apartments and Duplexes: Where individual containers are used; rates will be'the same as single family residences. Dumvmaster container rates shall be: One (1) collection per week per unit per container PLUS, monthly rent per Dumpmaster container Two (2) Collections per week per, unit per container . - - -- Effective Dates /Amounts - -- 07 -01 -83 07 -01 -84 $ 3.00 $ 3.25 8.65 9.40 4.35 4.70 (b) Commercial Establishments or Motels - For the service of collecting all refuse, garbage, wet garbage or rubbish ordinarily produced in and about commercial- establishments or motels, but not including dead R 5117 Resolution No. 5117 (.3 Series) Animals, or the refuse from the - construction, demolition or alteration of "buildings, earth, rocks, or incinerator ashes, each separate commercial establishment or motel having refuse containers shall not be required to pay more than the following rates. For service effective 7 -1 =83. Rates per month for the following number of collections per week: No. -of 35 Gal. Cans: 1 2 3 6 7 1 5.15 8.65 12.95 17.30 19.80 2 6.50 12.95 .17:30 22:45 25.90 3 8.15 15.60 21.60 25.90 .30.95 4 9.95 18.25 25.10 31.90 .38.05 5 11.65 20.75 281:55 38.05 44.90 6 13.45 23.30 31.90 44.05 51.85 7 15.10 25.90 35.50 50.15 58.80 8 16.80 28.55 38.90 56.15 65:65 9 18.60 31.10 42.35 61.80 72.60 10 20.30 33.70 46.70 68.30 79645 For 35 gallon cans in excess of ten (10), the rate shall be an additional $1.40 per can per collections Rates per month for commercial Dumpmaster containers for the following number of collections per week: No. of Cu. Yards: 1 2 3 6 7 1 17.30 25.90 30.95 60.50 77.75 2 23.30 32.90 43.20 67.30 102.00 3 28.55 40.55 56.15 101.05 135.60 4 34.70 51.85 73.45 134.,75 168.50 5 40.90 60.95 86.40 146.90 190.10 6 47.15 72.00 101.05 190.10 224.65 8 60.50 89.15 134.75 .269.55 304.08 The above rates include the monthly container rental. Rates per month for commercial establishments or motels not using Dumpmaster- containers or cans for the following number of collections per week. No. of Cu.. Feet: 1 2 3 6 7 7 Cu. Ft. or less 4.30 8.65 10.90 15.60 17.30 Ea. 5 Cu. Ft. over 7 Cu.Ft. 1.30 2.65 3.25 4.30 5.15 -2- Resolut -ion No. 5117 (T 3 Series)- For service effective 7 -1 -84: Rates per month for the following number of collections per week: No. of 35 Gal. Cans 1 2 3 6 7 1 5.66 9.35 14:05 18.70 21.45 2 7.00 .14.05 18.70 .24.30 28.10 3 8.85 16.90 23.40 28.10 33.55 4 10.80 19.75 27.15 34.60 41.20 5 12.60 22..50 30.95 41.20 48.60 6 14.55 25.20 34.60 47.70 56.15 7 16.40 28.10 38.50 54.35 63.70 8 18.20 30.95' 4240 60.85 71.10 9 20.15 33.65 45.90 66.95 78.65 10 21.95 36.55 50.55 73:95 86.05 For 35 gallon cans in excess of ten (10), the rate shall be an additional $1.40 per can per collections. Rates per month for commercial Dumpmaster containers for the following number of collections per week: h• Ps •A Cu. Yards 1 2 3 6 7 1 18.70 28.10 33.55 65.50 84.25 2 25.20 35.60 46.80 72.95 110.50 3 30.95 43.95 60.85 109.45 146.90 4 37.55 56.15 79.55 146.00 182.50 5 44.35 66.05 93.60 159.10 205.90 6 51.10 78.00 109.45 205.90 243.35 8 65.50 96.60 146.00 292.05 329.40 The above rates include the monthly container rental. Rates per month for commercial establishments or motels not using Dumpmaster containers or cans for the following number of collections per week! No. of Cu. Feet: 1 2 3 6 7 7 Cu. Ft. or less 4.70 9.35 .11.85 16.90 18.70 Ea. 5 Cu. Ft. over 7 Cu. Ft. 1.45 2.85 3.50 4.70 5.60 -3- Resolution No. 5117 (�l Series) (c) Office Buildings, Places of Business - For the regular collection, removal, and disposal of rubbish from any office building_ using a common container or from any premises or place of business producing.said refuse (excepting those premises for which are hereihabove specified), the rate per month for the collection shall not exceed that listed in (b) above. (d) Each container (other than a.Dumpmaster container) and its contents shall hot exceed seventy -five (75) pounds. All commercial. and motel rates shall be based upon six (6) months average quantities unless such establishments contract for irregular. collections_. (e) Irregular Collections - - -- Effective Dates /Amounts -=.- 07 -01 =83 07 -01 =84 = Each five (5) cubic feet or $ 5.15 $ 5.60 fraction thereof (f) Compacted-Solid Waste For compacted solid waste. $ 8_65 _$ 9..35 placed in Dumpmaster containers for collection.and disposal; per cubic yard per pick up SECTION 2. The foregoing rates for service shall become effective on and after July j,.1983,.and shall be applied on all bills issued on or after July 1, 1983. SECTION 3. Resolution No. 4169 (1980 Series) is hereby superseded as of the effective date of this resolution. SECTION 4. The.City Clerk shall certify to the passage of this resolution and shall provide copies of this resolution to the Director of Finance and San Luis Garbage Company. On motion of Councilman Griffin and on the following *roll call vote: seconded by _Councilman Settle , AYES: Councilmembers.Griffin, Settle, Dovey and Vice =Mayor Dunin NOES: None ABSENT: Mayor Billig the foregoing resolution was passed and adopted this 17th day of May 1983. ATTEST CITY CLERK PAMELA VO S - - / -4- O. .O Resolution No. 5117 (C3 Series) APPROVED: City Administrative Officer. A Ci y Attorney G Fina Dir r -5- ��7a -�1CP� RESOLUTION NO. 5116 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT 895 "LAGUNA GREEN" (LAGUNA LAKE COMPANY, SUBDIVIDER). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council made certain findings concerning Tract 895 as contained in Resolution No. 4161(1980 Series). SECTION 2. Whereas bonds in the amounts of $150,000 to guarantee installation of subdivision improvements and $75,000 to guarantee labor and materials are on file. SECTION 3. All on -site driveways, non - structural improvements such as fencing and landscaping approved by the ARC and on -site utilities shall be installed prior to issuance of occupancy permits in accordance with Resolution No. 4161(1980 Series). SECTION 4. This Council hereby grants approval of the final map of Tract 895, and authorizes the Mayor to execute the agreement. On motion of Councilwoman Dovey , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin and Vice -Mayor Dunin NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 17th day of May 1983. �a 7M`YOR RON DUNIN ATTEST: ZIT CLERK PAREIJ V, GE,5,," _ R 5116 Resolution No. 5116 (1983 Series) Approved: City Administrative Officer City Attorney Community Development Director - � �,Q� City ineer A G R.E E M E N T THIS AGREEMENT, dated this 17th day of _ May; 1983 by and between Laguna Lake .C9m P_4yj1-- ter , herein referred to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the "Cityn. WITNESSETH: REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, description of which is shown on final map of Tract 895 Laguna Green, 1445 Prefumo Canyon Road, City of San Luis Obispo, California, as approved by the City Council, on the day of 19 WHEREAS, the Subdivider desires that said final map of Tract 822 be accepted and approved as a final map pursuant to the Subdivision Regu- lations and Ordinances of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Subdivider agrees to install the street and:Driveway improvements and utility lines and facilities as set forth on the plans therefore. NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision ordinances and regula- tions, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURBS, GOITERS and SIDEWALES 2. STREET BASE and SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the as id utility is prepared to provide aervice to residents upon request. 7• ANY 6 ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All the above facilities sball be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. Darw- lines and �ades for all of said improvemaT :shall be estib- 1 lished bj the Subdivider in accordance with said lioved plane and specifications. The Subdivider agrees that the work of installing the above improve- meats shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within eighteen (18) months of said recording date, unless an extension has been granted by the City Council, provided that if completion of said work is delayed by acts of God or strikes,. the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of.California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public- improvements unless specifically approved by the City Council. The subdivider does also agree to comply with the following conditions established by the Planning Commission and /or the City Council. 1. Subdivider shall pay Sewer Lift Station fees of $1,155.00 (33 units x $35 /unit) 2. Subdivider shall pay park -in -lieu fees of $49,073.28($129,310 x 33 x .0115). 3. A grading permit and fee will be required prior to grading (Administered by Building Division). 4. Subdivider shall install traffic control devices as required by the City Engineer and fire department. 5. Subdivider shall install street trees to the satisfaction of the Public Works Department, incorporated into the landscaping plan. 6. Subdivider shall.install an addressing directory board at entrance by the subdivider. Said addressing plan and directory board shall be complete prior to any occupancies being granted within this subdivision. 7. Subdivider shall install street lights along Las Osos Valley Rd. and Prefumo Cyn. Rd. to the satisfaction of the City Engineer. 8. Subdivider shall install landscaping and irrigation system within the street right- of-way along the property frontages to the approval of the Community Development Director. — 9. Subdivider shall deposit $300.00 to guarantee setting of tract corners. As to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retracement of section lines, the method followed shall be in accord with the instructions set forth in the "Hanual of Instructions" for Survey of Public Lands of the United States, published by the Commissioner.of General Land office, Department of Interior, Washington, D.C. -2- The Subdivider hereby attaches hereto, and as an integral part hereof, and ae security for the performance of this agreement, (instrument of credit /bond) approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement, which said (instrument of credit /bond) is in the amount of $150,000.00 (including .$74,000 for on- site.'pri.Vite.subdivision, improvements) agd which is in the amount of the estimated cost -af said:-. improvemnts. Subidivider agrees to remedy any defects is t e improvements ar g rom faiilty- woriagaship or_: materials or defective ithin twelve months after acceptance t.ereo n accor ance wity-S- eciion 11 12.1 c Or the business an ro esa ons o e o t o tats a f- CTifornia upon final comp et on an acceptance o t.e wor City will release-all but 102 of the the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a'period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date. as of which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the 'Subdivider fails to complete the work within the prescribed time, then in that event, the Subdivider agrees that City may, at its option, declare the bond, instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forefeited and utilize the proceeds to complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider of his surety. The Subdivider agrees to deposit with the City a labor and material bond in the smount.of 502 of the above described subdivision improvements in accordance with State law. Said Subdivider shall deposit with the City the sum of $2,400.00, from which deposit the City will pay the salary and expenses of an -3- inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $ 2,400.00 the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts .to be paid for salary and expenses of said inspector or inspectors. Article 9, Chapter I of the San Luis. Obispo Municipal Code, entitled "Subdivision" - All plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Parties hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is 'agreed that the Subdivider will furnish copies of the . successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. 1N WITNESS WHEREOF, this agreement has been executed by: 17th day of May , 19 83 Approved as to form. 1 L �16iJN A LIKE co. uN A L.q e E COM ygiy �/ City Attorney r Subdivider. _ day of 7/�(� , 19 Vic yor Ron Dunin Atte�V Cit Clerk,Pate&=, Vt -4- RESOLUTION NO. 5115 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OB_ISPO AMENDING -THE TENTATIVE MAP FOR TRACT 1.034 LOCATED AT 1300 BISHOP STREET (LELAND TERRACE). THIS RESOLUTION SUPERSEDES COUNCIL RESOLUTIONS NO. 4072 (1980 SERIES), 4475 (1981 SERIES), AND 4893 (1982 SERIES). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this council, after consideration of the amendment to the tentative map for Tract 1034 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 Terrace Hill Planned Development. 2. The design and improvements of the proposed subdivision are consistent with the general plan and Terrace Hill Planned Development project. 3. The site is physically suitable for the type of development proposed. 4. The.site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. The previous project EIR certified for PD 0644 (Terrace Hill Planned Development project) is found acceptable for this project. SECTION 2. That the amendment of the approved tentative map for Tract 1034 be subject to the following conditions: 1. Subdivider shall grant public utilities easements adjacent to private streets and driveways and over the entirety of common areas to the approval of the utility companies and the City Engineer. 2. Easements for public sewer and water lines shall be granted to the city, to the approval of the City Engineer. 3. Public water and sewer mains shall be sized to the approval of the City Engineer. R 5115 Resolution No. 5115 Page 2 Tract 1034 (1983 Series) 4. A note shall be placed on the final map indicating that purchasers of units above the water service limit as determined by the City Engineer shall be required to sign an agreement pursuant to California Administrative Code Title 22 acknowledging that water pressures would be less than 20 pounds per square inch under certain circumstances. 5. Subdivider shall install pressure booster pumps for units above the water service limit, as determined by the City Engineer, to the satisfaction of the City Engineer. 6. Subdivider shall install "no parking" signs and red curbing along private streets as required by the city Fire Department and'City Engineer. 7. Subdivider shall install traffic control and street signs and red curbing along private streets as required by the city Fire Department and City Engineer. 8. Subdivider shall install traffic control and street signs as required by the City Engineer. 9. Bishop Street and local streets shall be designed for a traffic index (T.I.) of 5.5. Private streets .shall be designated with a T.I. = 4.0. 10. Street and driveway grades and alignments shall be subject to modifications to the approval of the City Engineer. 11. Drainage improvements approved as a part of the precise development plan for Leland Terrace portion of PD 0644 shall be installed to the satisfaction of the City Engineer. These improvements include, but are not limited to: -- Surface and subsurface drainage improvements on recontoured hillsides to preclude erosion hazards. -- Drainage structures above proposed development areas to facilitate on -site drainage and above and below cut and fill areas to prevent slope failures under saturated soil conditions. -- Construction of a retention basin between the project site and the railroad to alleviate existing flooding on off -site residential properties or system to retain all of the increases in drainage from the site caused by its development or drain under SPRR. -- Installation.of an underground storm drain system in Bushnell Street between Haskin and San Carlos as specified by the City Engineer. 12. An "engineered grading plan" shall be required for all grading and site improvements. Grading shall be in-.conformance with the required geotechnical analysis for the site. The grading plan shall be signed by a registered geologist or soils engineer. Grading shall be inspected and certified by a registered soils engineer /geologist analysis. A registered soils engineer or geologist shall be available on the site as required to verify conditions as grading progresses to ensure compliance with recommendations in geotechnical analysis. n Resolution No. 5115 (1983 Series) Page 3 Tract 1034 13. All on -site drainage structures, if required, shall be owned and maintained by homeowner's association, except for culvert between-Florence and-Bushnell. Avenues. Easements shall be granted for said culvert to the approval of the City Engineer. See condition 11. 14. Subdivider shall prepare conditions, covenants, and restrictions to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions: A. A homeowner's association to enforce the CC &R's and provide for professional perpetual maintenance of all common areas including landscaping, private streets and driveways, street signs, private utilities, drainage facilities, lighting, walls, fences, etc., in first class condition; homeowner's association shall maintain common lot. B. Grant to the City of San Luis Obispo the right to maintain common area if the homeowner's association fails to perform and assess the homeowner's association for expenses incurred, and the right of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map are being met. C. No parking on the site except in approved designated spaces. D. Grant to the City of San Luis Obispo the right to order vehicles to be towed away on a complaint basis, which are parking in unauthorized places. E. No outside storage of boats, campers, motorhomes, and trailers, nor long- term storage of inoperable vehicles. F. No outside storage by individual units except in designated storage areas. G. No change in city- required provisions of CC &R's without prior City Council approval. H. Homeowner's association shall file with the City Clerk the names and addresses of all officers of the homeowner's association within 15 days of any change in membership of the homeowner's association. Said change shall be filed with the City Clerk. 15. Unit driveways and private streets shall have street numbers per addressing plan as Exhibit A. Subdivider shall install directory signs at project entrances, to the approval of the Community Development Director. Street names as shown on the map are approved. 16. Subdivider shall comply with all approved precise development plan conditions and requirements of the Architectural Review Commission prior to city acceptance of the tract. 17. A note shall be placed on the final map that units constructed in this tract will be required to have Class A fire retardant roofs as specified in the Uniform Building Code by the authority of Uniform Fire Code Section 10.301(b). Resolution No. 5115 (1983 Series) Page 4 Tract 1034 18. A note shall be placed on the final map that all garages in the tract shall be equipped with automatic garage door openers. 19. Subdivider shall underground all existing utilities within the tract boundary. 20. Sewer and water charges are due, payable prior to recordation of the final map, as determined by the City Engineer. 21. A detailed geotechnical analysis for the design of all improvements shall be prepared by a licensed civil engineer specializing in geotechnical engineering and by a certified engineering geologist prior to final tract map for same. Analysis shall: -- Explore and assess soil, groundwater and geologic conditions, particularly in areas with potentially expansive soils; -- Provide recommendations regarding soil grading and foundation criteria for proposed design; -- Evaluate soil stability for both natural and graded slopes under static and earthquake conditions. 22. Landslides above proposed structures in PD Phase III and IV shall be completely repaired, consistent with geotechnical report. Remedial measures shall include: -- Excavation of slide materials; -- Keys, benchings and installation of subdrainage systems; -- Placement of engineered fill; -- Revegetation on exposed surfaces. 23. The construction of Bishop Street extended shall be designed to the approval of the City Engineer. Off -site right -of =way may be necessary. Slope easements and /or retaining walls may be required. Provisions must be made to accommodate access to all lots of record. 24. Full street.improvements consisting of curb, gutter, sidewalks, and street paveout are "required along all frontages. Sidewalks shall be provided along private streets to the satisfaction of the Community Development Director. Bishop Street extension shall have a 64 ft. R/W and shall be improved with 30 feet of street paving, 6 =foot planter strip, and a 4 -foot sidewalk on the northerly side of the street, with a generous number of street trees to provide a canopy for the road. 25. Street lighting on public streets shall be installed to city standards and to the approval of the City Engineer. Street lighting on private streets shall be installed as approved by the Architectural Review Commission. Resolution No. Page 5 Tract 1034 5115(1983 Series) 26. Fletcher Avenue (new Bishop Street extended) between Bushnell and Florence Avenues, shall be improved with curb, gutter, and sidewalk adjacent to the subdivision, with 32 -feet of street paving and an AC berm on the southerly side. Bushnell Street between Fletcher and Haskin Avenues, shall be fully improved with curb, gutter and sidewalk,'adjacent to the subdivision, with 32 feet of street paving and an AC berm on the westerly side. 27. In the event that grading or other operations do uncover buried artifacts, all construction activities shall be halted to prevent further disruption of the newly discovered archaeological site. A qualified archaeologist should then evaluate the discovery and recommend appropriate disposition of the resource. 28. Street abandonments as specified in the approved phasing plan for Phases III and IV shall be initiated and completed before the final map is approved. If the street abandonment for one reason or another is not approved, the final tract map shall be reviewed by the City Council for possible revisions. 29. Subdivider shall construct all public improvements shown on the preliminary development plan and required as conditions of the approved phasing plan for Planned Development rezoning PD 0644. 30. The following notes shall be placed on the final map: a. All exterior surfaces of structures shall be colored in natural or muted tones to blend with their surroundings. b. All plant species used for landscaping and,revegetation shall be native or naturalized to the area in order to conform in color and horticultural requirements with existing grasses. 31. Final map shall dedicate access rights to.the city along both sides of Bishop Street extension except for private street to Area 4 of approved development plan (PD 0644) and existing lots of record. 32. This resolution shall be effective upon the effective date of Ordinance No.931 amending Ordinance No. 837, rezoning this property to R -1 -PD. In the event Ordinance No. 931 is not effective on or before August.c26,1982, this resolution shall expire. The tentative map hereby approved shall expire 24 months from the date of adoption of this resolution, unless extended by later action of the council. 33. Construction activity shall be restricted to the to 5 P.M. 34. The subdivider shall restore the natural slopes previous improper grading and provide for proper stabilization and erosion control for the entire therefore for a period of two years from date of weekday hours from 8 a:m. if the hill destroyed by revegetation, slope site, and be.responsible final acceptance. Resolution No. 5115 (1983 Series) Page 6 Tract 1034 35. Subdivider shall maintain city access to the Terrace Hill water tank during construction of the subdivision, to the approval of the Public Services Department. 36. Subdivision boundary shall be expanded to include portions of paper street rights -of -way relative to the abandonment of Haskin, Leona, Leland Terrace, and Buena Vista Terrace Streets, to the approval of the City Engineer. 37. Final map shall be consistent with phasing plan for PD 0644 -A.. 38. Subdivider may file separate final maps for Phase III and V. City Engineer and Community-Development Director may, at their discretion, require any off -site or other phase improvements needed to serve this tract. 39. Tentative map approval is in effect until July 13, 1984. On motion of Councilman Settle . and on the following roll call vote: seconded by Councilwoman Dovey , AYES: Councilmembers Settle, Dovey, Griffin and Vice -Mayor Dunin NOES: None ABSENT: Mayor Billig the foregoing resolution was passed and adopted this 17th day of May , 1983. ATTEST: V City Clerk Pamela Vo s Q s Ci Administrative OVficer City Attorney Community Development Director ZMayor Ron Duriin �S`ub�'��c��r, �r�ss C -�� /� �_� �l �� RESOLUTION NO. 5114 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND MARVIN C. OWEN TO OPERATE A WINDSURFING SCHOOL AND EQUIPMENT RENTAL CONCESSION AT LAGUNA LAKE PARK. BE IT RESOLVED by 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 Marvin C. Owen 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: Marvin C. Owen and the City Director of Parks and Recreation. ON MOTION of Councilman Griffin and on the following roll call vote: seconded by Councilman Settle AYES: Councilmembers Griffin, Settle and Vice-Mayor Dunin NOES: None ABSENT: Councilwoman Dovey and Mayor Billig The foregoing resolution was passed and adopted this 17th day of May , 1983... ATTEST: City C1�'rk, Pamela Voge APP VED: a a City Administrative bfficfr City Attorney Vice 'K yor Ron Dunin ectoe of Parks & Recreation R 5114 A G R E E M E N T • u : • • -�•. • ■ ■ a• ■• is �� • EXHIBIT "A" THIS AG1M=, made and entered into this 17th day of May 1983, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, (hereinafter "City ") and MARVIN C. oWEN owner and operator of "Free Winds ", a sole proprietorship, located at 3217 Johnson Avenue, #34, San Luis Obispo, California, 93401 (hereinafter, "Permittee "). WITNEvSSETH : 6MUMAS, City is the owner of a park facility in City's Laguna Lake Park and WHEFEAB, Laguna Lake Park has become one of San Luis Obispo county's most popular areas for engaging in the sport of windsurfing; and WHET EAS, Pennittee will offer a safe course of instruction and safety approved equipment for the furtherance of this recreational activity at an affordable fee for any interested person; NOW THEREFORE, in consideration of the mutual promises, agreements, covenants and conditions herein set forth, City and Permttee hereby mutually agree and covenant as follows: City hereby grants permission to Pernti.ttee to conduct a boardsailing instruction school and boardsailing equipment rental concession at Laguna Iake Park upon the following terms and conditions:. 1. The term of this Agreement shall be for one year; provided that Penrattee shall have an option to renew this Agreement, on the same terms and conditions as herein set out, for a period of two additional years. Permittee shall give City notice of exercise of this option no later than AMEN=: City/Parvin C. Owen - J page 2 60 days prior to the end of the initial one year period. 2. Permittee shall pay City 10 percent of the gross receipts from both instruction and rental activity. Instruction and rental fees shall be subject to the approval of City's Parks and Recreation Director. i Payments to City hereunder shall be made quarterly on the first weekday of April, June, October and January and shall be accompanied by a quarterly report of business income. Payment shall be made and reports shall be submitted at the Park and Recreation Department Office, 1530 Lizzie Street, San Luis Obispo, CA 93401. 3. This Agreement may be terminated by either party by giving thirty (30) days prior written notice to the other party of its intention to do so. 4. This Agreement is of a personal nature and assigment or transfer by Permittee of this Agreement or of any privileges given hereunder shall not be permitted. . ..- 5. The City shall not be responsible to Permittee for any loss of 6. Pennittee hereby waives any and all claims for damages that may be caused by the City in terminating this permit. Permittee hereby also waives any and all claims against the City for damages to any property of Permittee from any cause arising at any time. 7. The City reserves the right at any time to make such reasonable rules and regulations as in its judgment may fron time to time be necessary for the safety and operational functioning of Lagune lake Park and Permittee's activities there. Permittee hereby agrees to strictly ooply therewith. S. Permittee shall defend, indemnify and save harmless the City of San Luis Obispo, its officers, agents and employees from any and all claims, I I AG[OVT: City/Marvin C. Owen page 3 demands, damages, costs, expenses, or liability occasioned by the performance or attested performance of the previsions hereof, or in any way arising out of this Agreement or any wrongful act or any negligent act or omission to act on the part of Perniittee, or of agents, employees, or independent contractors directly responsible to Permittee. The foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by Permittee, Permittee's agents, employees, or independent contractors and the City, its agents, employees, or independent contractors. 9. Permittee shall at all times be regarded an independent contractor and shall not at any time act as agent for City. 10. (a) Pennittee shall obtain and maintain in full force and effect at all times during the term hereof, personal and bodily injury insurance, including death resulting therefrom, and property damage insurance with an insurance carrier satisfactory to the City. This oomprehensive general liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting fran any accident occurring on or about the property in the operations hereunder, caused or arising out of any act or failure to act of.Permittee, or resulting from any act or failure to act of Permittee pursuant to this Agreement. The above - mentioned comprehensive general liability insurance shall provide single limit coverage.applying to bodily and personal injury liability, including death resulting therefron, property damage or a combination of these in an amount of not less than $1,000,000. The following provisions shall apply on all of the above - mentioned policies: AGRED=: CityAwxvin C. Owen page 4 (1) If the insurance policy covers on an "accident" basis, it must be changed to "occurrence ". (2) The Liability policy must cover personal injury as well as bodily injury. (3) The Liability policy shall include a cross - liability or severability of interest endorsement. (4) Broad form property damage liability must be afforded. (5) City of San Luis Obispo, its officers, agents and employees, shall be Named Insured under any policy, and the policy shall stipulate that this insurance will operate as primary insurance and that no other insurance effected by the City of other named insured will be called upon to contribute to a loss covered thereunder. (b) Permittee shall maintain in full force and effect, for the period covered by this Agreement, full Worker, s Cmpensat on insurance as required by California law. In the event that the Permittee is self - insured, it shall furnish a Certificate of Permission to Self- Insure signed by the Department of Industrial Relations, Administration of Self Insurance, Sacramento. (c) The following requirements apply to all insurance to be provided by Permittee: (1) P_ Certificate of Insurance shall be furnished to City. (2) Certificates and policies shall state that the policy shall not be cancelled or reduced in coverage without thirty (30) days written notice to the City of San Luis Obispo. (3) Any failure to maintain required insurance will be sufficient cause for termination of this Agreement. (4) Insurance required i red shall be placed in a company or ccmpanies AGREEMU: City/Marvin C. Owen page 5 authorized to do business in the State of California and accessible to the City and have policyholder surplus of at least ten (10) times the amount or limit of 1inhi1Jty afforded by the insurance company. (5) Approval of the insurance by the City shall not relieve or decrease the extent to which the Permittee may be held responsible for payment of damages resulting from its operations. 11. Permittee agrees and promises that it will comply with and observe any and all statutes, ordinances, rules and regulations of Federal, State, and local authorities presently in effect and as may be amended. 12. In the event Permittee fails to comply with any term or condition hereof, City may terminate this Agreement by giving Permittee ten (10) days written notice thereof; provided that no waiver by City of any failure by Permittee to amply ply with any tern or condition of this Agreement shall be or be construed to be a waiver by City of any similar or other failure by Permittee to Damply with any term or condition of this Agreement. 13. The City Director of Parks and Recreation shall designate a site at Iaguna Lake Park where Per 1ttee may operate his business; provided, that all equipment shall be removed as required by paragraph 16, below. 14. Permittee recognizes and understands that this Agreement may create a possessory interest subject to property taxation and that the Permittee may be subject to payment of taxes levied on such interest. Pen ittee shall be solely responsible for payment of such taxes and all other taxes, fees and charges associated with the conduct of his business under the terns of this lease. 15. Hours of operation shall be restricted to 8:00 a.m. to 5:00 p.m. daily, seven days per week. 1 I AGREEMENT: City /Marvin C. Owen Page 6 16. Permittee agrees that any and all concession equipment will not be placed within the Park more than one -half hour prior to opening and all concession equipment will be removed from Park no later than one -half hour after closing time. 17. The maximum number of students receiving training at any given time shall not exceed 7, with no more than 4 students on the water at one time during either stage of training. IN WITNESS WHEREOF, the parties hereto have signed this agreement on the date first written above. ATTEST: CITY/CLERI< PAMELAVOGU CITY OF SAN LUIS OBISPO B VICE- OR RON DUNZN MARVIN C. OWEN Permittee RESOLUTION NO. 5113 (1983 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING CONDITIONS D, F, AND J OF A USE PERMIT TO OPERATE A COIN- OPERATED ELECTRONIC GAME AMUSEMENT CENTER AT 879 HIGUERA STREET WHEREAS, Richard W. Ferris (hereinafter, "Applicant ") has made application (No. U1002A) with the City for amendments to a use permit to operate a coin - operated electronic game amusement center in the Cuesta Emporium Building at 879 Higuera Street; and WHEREAS, this Council has held a public hearing to consider the amendments and has considered the statements of staff, Applicant, and others offering testi- mony and written statements at the hearing; and WHEREAS, Council members have also considered all materials submitted to it as part of regular agenda packets regarding the application, and have visited the site; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, as follows: SECTION 1. Based on its consideration of the materials, comments, and inspections hereinabove described, the Council finds as follows: (a) The proposed use will not be detrimental to the health, safety and welfare of persons living or working in the area. (b) The proposed use is appropriate at the proposed location and will be compatible with surrounding land uses. (c) The proposed use conforms to the general plan and Downtown Goals Statement. (d) The proposed use meets zoning ordinance requirements. (e) The proposed use is categorically exempt from environmental determination. R 5113 Resolution No. 5113 (1983 Series) Page 2 J SECTION 2. Based on these findings and on the.circumstances peculiar to the site and to the operation applied for, the appeal is granted and application No. U1002A hereby is approved, subject to the following conditions: (a) Hours of operation shall be limited to the hours of operation of the adjacent business known as Cheap Thrills Record Store. (b) Applicant shall provide one full -time adult supervisor during operating hours of this use, to be in the game room at all times. (c) Applicant shall install and maintain bicycle racks at the rear of the building pursuant to a plan .approved by Community Development Department staff. (d) That portion of the site occupied by the applicant shall be maintained in a clean and orderly manner. (e) There shall be no more than 23 video games on the premises at any time. (f) Unless accompanied by a parent or guardian, minors shall not be allowed in the game room between the hours of 9 a.m. and 2:30 p.m. on any day San Luis Coastal Unified School District schools are in session. (g) Applicant "shall maintain and regulate the premises in a manner so as to discourage loitering, disturbing of customers, unruliness, and unlawful activities.. (h) Applicant shall post a sign in a conspicuous location at the center setting out the conditions herein relating to the operation and conduct of the business. The sign and its-location shall be approved by the Community Development Director. (i) Applicant shall obey and comply with all applicable laws. Resolution No'. 5113 (1983 Series) Page 3 (j) Approximately one year from the date of adoption of-this resolution, the council shall review the conduct and operation of the electronic game amusement center of this resolution, - including consideration of any complaints concerning the conduct or operation of the center. If the council finds that there is or has been a violation of any of the conditions hereof or if it finds that Applicant has not operated the center in the manner as represented to the City by the Applicant, the council may.set the matter for revocation hearing under the applicable provisions of City's zoning regulations. 'Nothing herein shall restrict City's ability to seta- revocation hearing as.necessary at any other time. On motion of Councilman Griffin, seconded by Councilman Settle and on.the following roll call vote: AYES: Councilmembers Griffin, Settle and Vice -Mayor Dunin NOES: None ABSENT: Councilwoman Dovey and Mayor Billig the foregoing resolution was passed and adopted this 17th day of May ,1983. ATTEST: Cit Clerk Pamela Vog ramL City Adipinistrative City Attorney Vic aybr Ron Dunin icer Community Development Director �i /� doss �, ,�, RESOLUTION NO. 5112 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE PUBLIC WORKS DEPARMENT TO PROCEED WITH THE ABATEMENT OF A DRAINAGE OBSTRUCTION. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council finds that the landfill in the natural channel between Bushnell Street and Alphonso Street and more particularly described as: Lots 8 and 9 of Block G and Lots 5, 6 and 7 of Block H of the Maymount Addition to the City of San Luis Obispo as recorded in Book B of Maps at page 91 in the Office of the Recorder of the County of San Luis Obispo, California constitutes a public nuisance. SECTION 2. The facts forming the basis for the aforesaid finding are that the said landfill obstructs or constitutes a hazard to the free flow of water in the creek, thereby constituting a public nuisance under the provisions of the Municipal Code. SECTION 3. The Director of Public Works is hereby directed to comply with the requirements of Municipal Code Section 5221.5(3), concerning the authorization for the City or its contract agent to enter upon said property and abate said dangerous obstruction. On motion of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle and Vice -Mayor Dunin NOES: None ABSENT: Councilwoman Dovey and Mayor Billig the foregoing Resolution was passed and adopted this 17th day of May , 1983. R 5112 Resolution No. 5112 (1983 Series) VICE YOR RON DUNIN APPROVED: a City Administrative OfVficer City Attorne Finance Director Public Works Director City Engineer u RESOLUTION NO. 5111 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND H. DIETER HEINZ. 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 H. Dieter Heinz 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: Director of Public Works, Finance Director, Personnel Director, Fire Chief, and H. Dieter Heinz, Chemist. On motion of Councilman Griffin , seconded by Councilman Settle 2 and on the following roll call vote: AYES: Councilmembers Griffin, Settle and Vice -Mayor Dunin NOES: None ABSENT: Councilwoman Dovey and Mayor Billig the foregoing resolution was passed and adopted this 17th day of May 1983. VI -MAYOR RON.DUNIN _ ATTEST: CITY ICLERK PAMELA VOG APPROVED: Pa,t a An City Administra ive Officer R 5111 Resolution No. 5111 (1983 Series) /04146061 � City Attorney Director of Public Works Director o inance jx� 01 Personnel Director ffm VIM tine Chief EXHIBIT "A" AGREEMENT FOR PERSONAL SERVICES THIS AGREEMENT, is by and between THE CITY OF SAN LUIS OBISPO, a chartered municipal corporation (hereinafter referred to as "City "), and H. DIETER HEINZ, an independent contractor providing consulting chemist services (hereinafter referred to as "Chemist "). WITNESSETH• WHEREAS, H. Dieter Heinz is a qualified chemist capable of analyzing and monitoring many of the City's operations; and WHEREAS, the City desires to employ him as an independent contractor to provide certain services not currently performed in detail by City employees or available within City services; NOW, THEREFORE, City and Chemist for and in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. Beginning July 1, 1983, Chemist agrees to provide services to the City in accordance with the scope of work outlined in Exhibit "B" attached hereto and thereby incorporated herein. Said services shall continue through June 30, 1984, providing, however, that either party may terminate this Agreement by two weeks written notice to the other party. The general duties to be performed by said Chemist shall be at the direction of the Director of Public Works. 2. Notwithstanding any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Chemist, at all times covered by the terms of this Agreement, is acting as a free and independent contractor, and not as an employee of the City. Any and all supervision and direction by the Director of Public Works shall be only that necessary to provide broad general outlines, and Chemist is to use his own initiative and discretion in performing the details.of his work, provided, however, that Chemist may consult with Public Works staff as he desires. Exhibit "A" n Page 2 3. City agrees to provide laboratory space and supplies necessary for performance under this Agreement, subject to purchase authorization by the City. 4. City agrees to pay Chemist the sum of $1728 per month for his services, payable in accordance with regular City payment procedures. Chemist agrees to provide a minimum of seventy -two (72) hours service per month and will submit a detailed statement of the services provided prior to payment. Chemist will not accure vacation, sick leave, or other similar benefits available to regular City employees. 5. City agrees to reimburse Chemist for authorized use of his personal vehicle on City business at the rate of 23 cents per mile and to provide Chemist with a parking permit for lots #5 and #8. 6. This is an agreement for personal services and is not assignable without prior written consent.of the City. 7. Chemist shall be allowed to participate in the City's health care program for himself and his dependents at his own expense. 8. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified U.S. Mail to the following addresses: City: City Clerk City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 Chemist: H. Dieter Heinz P.O. Box 3193 Pismo Beach, CA 93449 9. Chemist may be hired by the City to perform additional services not outlined in this agreement. Compensation for such additional services shall be at the rate of $45.00 per hour for the first two hours of emergency work (2 -hour minimum call out) and $24.00 per hour thereafter; said rate shall coverall fringe benefits except transportation. Exhibit "A" 'r J Page 3 10. Subject to a 30 -day written notice, City may reduce Chemist hours of service. In such event, City agrees to compensate Chemist at a rate of $24 per hour. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed. CHEMIST 1 MZ H. Dieter Heinz CITY OF SAN LUIS OBISPO VICE, -AAYOR RON DUNIN ATTEST: CITY CLERIC PAMELA E EXHIBIT "B" SCOPE OF WORK - CITY CONSULTING CHEMIST To serve as City Chemist performing such services as: a) Complete chemical analysis and identification of drugs and related compounds. b) Hair comparison and analysis. c) Paint analysis. d) Soil chemistry: Analysis and recommendation for better plant growth. e) Pesticides residues: Identification and analysis. f) Fertility - tissue analysis. g) Identification of any foreign matter, either solid, gaseous or liquid. h) Any quality control analysis - and /or product specification. i) Petroleum products: Analysis and recommendations. j) Corrosion studies: Steel, building materials, etc. k) Trace metal analysis. 1) Stell certification by chemical and physical examination. m) Air pollution: Monitoring, sampling and testing: Particle matter Hydrocarbons Sulfur Dioxide Carbon Monoxide Oxides of Nitrogen n) Certification and analysis of explosives, primers, detonators, etc. o) Consulting and assisting on sewer source control program. p) Consulting and assisting on cathodic protection program. q) Analysis of sewer samples. Chemist shall expend a minimum of 72 hours per calendar month performing City duties and through the year shall average the following hours per month for each division or department: UTILITIES DIVISION (miscellaneous work) . . . . . . . . . . . . 4hrs /month WATER TREATMENT PLANT . WASTEWATER TREATMENT PLANT FIRE DEPARTMENT . . . . . . . . . . . . . . . . . . . . . 18hr s /month . . . . . . . . . . . . . . . . . . 40hrs /month . . . . . . . . . . . ... . . . 10hrs /month UTILITIES DIVISIiN TOTAL = 62hrs /month FIRE DEPARTMENT TOTAL = 10hrs /month TOTAL I = 72hrs /month I � y f j RESOLUTION NO. 5110 (1983 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: Monterey /Broad Parking Lot ESTIMATE: "Proposal A" $34,970.00 BIDDER: John Madonna Construction CITY PLAN NO. E -40 BUDGET ACCOUNT: 51 -6863, 30- 5760 -512 BID AMOUNT: $28,647.50 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 Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle and-Vice-Mayor Dunin NOES: None ABSENT: Councilwoman Dovey and Mayor Billig the foregoing Resolution was passed and adopted this 17th day of May , 1983. VICE- OR RON DUNIN ATTEST: CITY LERK PAMELA VOGE "P, . Q l�tM City Administra ive Officer Einan c - - r ire ty En' aeer- 2 ...._�_. .......L .�'.. .._ V b'_ -�'`+ .. i.`tl ::i 5 � ... t'� ,. +C } r _ rly. J ._- -. - u1 a. ♦I. .} Th�� M�do�i�Q. C'n�s� �.e. �ir1 �CPJ ' .;� ;., _, �. -,, -; ,. __ ..,, _`_- 4 RESOLUTION NO. 5109 (1983 Series): A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND RALPH ANDERSEN AND ASSOCIATES FOR PROFESSIONAL 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 Ralph Andersen and Associates to provide professional services for the recruitment of a Finance Director 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: Ralph Andersen & Associates 1446 Ethan Way, Suite 101 Sacramento, CA 95825 Personnel Department Finance. Department City Administrative Officer 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 ��J a COQ Personnel Director R 5109 /��so�� %ice/ �, ����0 �i /� �. EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT 1. Meet with the City Council, City Manager, and others as appropriate, to review the position of Finance Director, to develop recruitment criteria related to desirable work experience and personal characteristics. 2. Prepare and place ads in appropriate publications. 3. Coordinate all recruitment activities by identifying outstanding potential candidates, preparing and sending letters of invitation to apply, and making follow —up contact with the outstanding potential candidates to discuss the position. 4. Review and preliminarily screen all applications for the position. 5. Conduct detailed background checks, except police and credit checks, as appropriate. 6. Develop and review a recommended list of finalists with the City. 7. Arrange for interviews with finalist candidates, including the preparation of an interview booklet for use by the City in conducting interviews. 8. Throughout the recruitment process, advise candidates of their status. For the services rendered pursuant to this agreement, the City of San Luis Obispo agrees to compensate Ralph Andersen & Associates the fixed amount of $6,500. for professional services. It is understood that the only charges for which the City assumes responsibility, in addition to the fixed fee for professional services, are reimbursement Pro CS51C�11;'� �. 0 1 j., - A.}:(reentent: Page 2 for out -of- pocket expenses incurred by Ralph Andersen & Associates for items such as travel, long - distance telephone, clerical services, copying and postage charges, and placement of advertisements. Payment for services and expense reimbursement are payable monthly upon receipt of a statement from Ralph Andersen & Associates. This agreement shall commence on May 3, 1983, and shall continue until the position of Finance Director is filled. CITY OF SAN LUIS OBISPO RALPH ANDERSEN && ASSS%SOCIATES By ! LLcel� Date 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 SO:J:ION N0. 5108 (1983 Serieso RESOLUTION OF CONDEMNATION [Premier Music Company] The City Council of the City of San Luis Obispo'does hereby resolve as follows, that: i. 1. It is City of the State of California whose specific grant of power of condemnation comes from Government Code § §37350.5 and 37353, 2. It desires to condemn the leasehold estate on the real property described in Exhibit "A ", attached hereto and specifically incorporated herein; 3. Said leasehold estate is located in the downtown area lof the City of San Luis Obispo, California at 955 Morro Street, and is to be condemned for public parking, a public parking (garage and for related public uses and purposes..The leasehold estate being condemned is on the real property described in Exhibit "A ", attached hereto and incorporated herein. The approximate location of the project is shown on the map attached hereto as Exhibit "B". Said real property affected by the con demnation proceeding is located entirely within the City of San Luis Obispo, California. IT IS HEREBY FOUND AND DETERMINED by at least two- thirds vote of the Governing Board of this Agency that: 1. The public interest and necessity require this proposed project, which is for. public parking, a public parking garage and for related public uses and purposes. 27 28 2. The proposed project is'-planned and located in the (Caylor) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 W -11 17 18 19 20 21 22 23 24 25 26 211 28 manner that is most compatible with the greatest public good and the least private injury. 3... The real property and interests in real property described in this Resolution are necessary.for the proposed project. 4. The. proposed us.e- is a compatible use under Code of Civil Procedure §1240.510.1 5. The necessary notice of- this+hearing required by,Code of Civil Procedure §1245.235 has been given. 6. The offer required by Government Code §72:7•.2.has been made to the owners of record. FURTHERMORE; IT IS ORDERED that Dankert & Kuetzing, Special Counsel, heretofore retained by the City; proceed with the filing and processing of suit, including the depositing of funds in Court for obtaining the necessary Orders for Possession. On motion of Councilwoman D`ovey,,_Secon'ded V— Cou`nc lman,-Griffin,--and oii the following-7fcll call vote.: AYES Cow cilmembers Dovey, Griffin, Dunin, Settle and Mayor Billig NOES: None--. - ABSENT •— None' the foregoing-Resolution was passed and adopted this 3rd day of May, 1983. „ A ATTEST: rearm4a. vuuEbs ulty CITY OF SAN LUIS 0' Mayor 91 the City of San Luis Obi -2- Resolution No. 5108 (1` -. ' Series) Approved: Qa,c.� Q 61�5 Zit Administrative Off ficer City Attorney Tina e D ctor 123726 �'EL1�I qNU EXHIBIT "Alt PARCEL 1: Lots 4 and 10 in Block 14 and that certain parcel of land designated as "alley" as shown on the map entitled "Map of the Subdivisions of Part of Blocks 14 and ld, in the City of San Luis Obispo, the property of Mrs. N. E. Call ", in the City of San Luis Obispo, County of San Luis Obispo, State of California, recorded October 9, 1695 in Book 1 at page 43 of Record of Surveys. PARCEL 2: The Northwesterly 5.5 feet of Lot 12 of the Subdivisions of Part of Block the property of Mrs. N. E. Call ", in Luis Obispo, State of California, re, Record of Surveys, measured at right of said Lot. in Block 14 as shown on the map entitled "Map 14 a.nd'lb, in the City of San Luis Obispo, the City of San Luis Obispo, County of San =orded October 9, 1895 in Book 1 at page 43 of angles and adjacent to the Northwesterly line The side lines to be extended or shortened to terminate on the Northeasterly and Southwesterly lines of said Lot. YOL1sGf ill cn 2 J Q a MORRO S T. Y N gW WQ � W WJ Em d d t� W W F- O D -- WO WW- CL Cr oa., oc aacY ' a CHORRO ST. 0 H W W H 2 O %, 112�LAllelll ly n. RESOLUTION NO. 5107 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1117 LOCATED AT 411 FOOTHILL BOULEVARD 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 1117 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan. 2. The design and.improvements of the proposed subdivision are consistent with the general plan and specific plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvement are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. The proposed subdivision is granted a negative declaration on environmental impact. SECTION 2. Conditions. That the approval of the tentative map for Tract 1117 be subject to the following conditions: 1. Subdivider shall offer for dedication to the city, an additional 2 -feet along the property frontage for additional right -of -way for public sidewalk. 2. Final map shall show a 6 -foot wide public utilities easement along the property frontage. 3. Subdivider shall grant a blanket easement over the common lot area, except beneath structures, for underground public utilities serv.irig:,the site, to the approval of the affected utility companies and City Engineer. 4. On -site sewer lines shall be privately owned and maintained except for existing city sewer main. 5. Final map shall note no structures and no loading from structures is allowed on city sewer easement or main. R 5107 Resolution No. 5107 (1983 Series) Page 2 6. Final map shall show the 10 -foot sewer easement. 7. Subdivider shall install individually metered water service to each unit. Meters shall be located at the property frontage, to the approval of the Public Works Department. 8. Water acreage charges shall be paid, as determined by the City Engineer, with credit for existing units. 9. The driveway shall be a minimum of 20 -feet wide and designed with a traffic index (T.I.) = 4.0. The driveway shall be designated as a fire lane including painted curbs and signage, to the approval of the Fire Department. 10. All on -site driveways, parking, and non - structural improvements and utilities shall be installed as subdivision improvements. 11. Units shall be numbered in accordance with an addressing plan, approved by the Community Development Department.' Subdivider shall install a directory board at project entrance, to the approval of the Community Development Director. 12. Subdivider shall submit declaration of covenants, conditions and restrictions (CC &R's) and documents related to the creating of -a homeowners association. prior to final map approval, for review and approval by the Community Development Director and City Attorney. The CC &R's shall contain the following provisions: A. A homeowners' association to enforce the CC &R's and provide for professional, perpetual maintenance of all common areas including landscaping, building exteriors, private driveways, private utilities, lighting, walls, fences,, etc., in first class condition; homeowners' association shall maintain area within the Foothill Boulevard right -of -way between street paving and front property line; B. A right of the city of San Luis Obispo to compel performance if the homeowners association fails to perform and assess the homeowners association for expenses incurred;. C. No parking in driveway (fire lane) except in approved designated spaces; D. Grant to the City of San Luis Obispo the right to tow away vehicles on a complaint basis, which are parked in unauthorized places; E. No boats, campers, motorhomes, trailers or inoperable vehicles to be on site. F. No unscreened outside storage by individual units; G. No change in city required provisions of CC &R's without prior City Council approval. H. Homeowners Association shall file with the City Clerk, the names and addresses of all officers of the Homeowners Association within 15 days of any change in membership of the Homeowners Association. 13. Subdivider shall pay park -in -lieu fees for 6 units. Amount of fees shall be determined by the Community Development Director. 0 Resolution No. 5107 (1983 Series) Page 3 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 May , 1983. ATTEST: prZ.OWM14 4000� City lerk Pamela Voge APPROVED a City Administrative Of ices 0 A", I FOU A "42H City Attorney 1 Community Deve opment Director �1o,S�E RESOLUTION NO. 5106 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING BUSINESS IMPROVEMENT AREA FUND APPROPRIATIONS 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 Business Improvement Area fund accounts be increased in the amounts stated: Account.No. Description Amount (05) 15 -5514 -401 Promotional Events $5,000.00 (05) 15 -5514 -409 Beautification.Program $5,000.00 SECTION 2. That $1,735.00 be transferred from unappropriated fund balance to a new account to be entitled "Contingency Reserve Account'. 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 3rd day of May 1983. K You: ty Administr Finance Direc Of R '5106 C' I I RESOLUTION NO. 5105 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE HOUSING AUTHORITY'S ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT ADMIN- ISTRATIVE SERVICES BUDGET. WHEREAS, The City of San Luis Obispo entered into an agreement with the Housing Authority on December 16, 1980 whereby the Housing Authority agreed to administer the city's block grant program; and WHEREAS, the funds to pay for the Housing Authority's administrative services (staff and materials) has come from part of the city's $350 „000 federal block grant as outlined in the adopted block grant application approved by HUD in 1980; and WHEREAS, consistent with the previously adopted administrative services agreement and the adopted block grant application, the Housing Authority has submitted an annual budget for the period 4 -1 -83 and 3 -31 -84 for the continued provision of administrative services - the total estimated budget amount being $19.809. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The budget for administrative services to be provided by the Housing Authority for administering the city's Block Grant Program hereto attached as Exhibit "A” and incorporated herein by reference, is hereby approved. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo Housing Authority; City Finance Director; City Community Development Department. On motion of Councilman Griffin , seconded by Councilman Settle, and on the following roll call vote: R 5105 C:. Resolution No. 5105 (1983 Series) Page 2 AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of May , 1OR'A APPROVED: Pa'. - C (I - -: City Administrative Officer City Attorney Co unity Development Director k C011,11, 'Y DEVELOPMENT BLOCK GRANT A14NUAC`._. _,gINISTRATIVE SERVICES Bll_DtlET_ 4 -1 -83 through 3-31-84 I. DIRECT COSTS A. Personnel 1. :lousing Rehabilitation Specialist 1. Executive Director 3. Administrative Secretary 4. Fringe Benefits Total Personnel 3. Travel C. Rental of Office Space D. Telephone E. Sundry 1. Consumable supplies 2.. Xerox copies Total Sundry TOTAL DIRECT COSTS 11. INDIRECT COSTS A. Payroll s Accounting Services 1. Senior Account Clerk 2. Financial s Admin. Services Officer 3. Office Services Assistant 4. Fringe Benefits Total Payroll F Accounting Services B. Sundry L. .Rental of office facilities and equipment, indirect staff 2. Miscellamoous supplies Total Sundry TOTAL INDIRECT COSTS III. RELOCATION BENEFIT PAYMEENTS A. Di:;location Payments B. Moving Expenses C. Rental Assistance TOTAL RELOCATION BENEFIT PAY(QENTS TOTAL C.D.B.G. ADMINISTRATIVE SERVICES BUDGET $ 3,940 _1,116 1,177 1,154 $ 7, 367 465 100 855 405 April 1, 1983 � 1 $ 90 375 $ 465 $ 9,212 $ 1,629 1,216 220 568 S 3,633 $ 180 120 S 300 $ 3,933 $ 100 1,100 5,524 $ 6,724 $19,669 (dg) EXHIBIT "A9' April 1, 19:3 - Pa g 1 or C01•4- IUNITS' DEVELOPMENT BLOCK GRANT FINAL.AD,mim STRATIVE SERVICES BUDGET_ FISCAL YEAR ENDING 3 -31 -84 I. DIRECT COSTS A. Porsonncl 1. itousing Rehabilitation Specialist (Salary base increased by lOG to $1,707 per a:onth effective 4 -1 -83. New hourly wage of $9.85 per hour) Housing Rehabilitation Specialist to continue on payroll through 12 -31 -83 in order to com- plete close -out process for Rehabilitation of Park hotel. Salary estimate computed @ 3 hours per day, 3 days per week for 9 months (40 weeks) plus 4 hours every month to review and process payment •.eri f i cations. Estimate 2 additional loan committee meetings @'2 hours each. 400 ^ours @ S9.85 per hour = $_3,940 Executive Director (Current salary of $3,333 per month used to compute hourly rate for direct cost reimburse- ment @$19.23 per hour) Executive Director will continue to wcrk directly with Loan Committee and Housing Rehabilitation Specialist. Estimate 6 hours per month for 9 months through 12 -31 -83 plus 2 additional loan committee meetings 0 2 hours each. 58 hours @ $19.23 per hour = $ 11116 3. Administrative Secretary (Current Salary of $1,541 per month - $8.89 per hour. Step increase in June to $1,618 per month - $9.33 her hour) a) On ^cral Administration Administrative Secretary will continue to take and transcribe minutes of Loan Committee :Icetings - 2 meetings estimated @ 4 hours each. In addition, it's estimated she will spend 4 hours per week the first week in April typing and copying Budget material and will spend 1 hour per week typing, filing, copying and taking phone messages balance of April .through Dec. 37, 1983. 1 week @ 4 hrs. /week x $8.89 /hr. = $ 36 10 wco):s @ 1 hr. /sock x $8.69 /hr. = 89 29 weeks @ 1 hr. /week x $9.33/hr. = 271 2 (4 hrs.) x $9.33 /hr. = 75 S471 b) Relocation Assistance Administrative Secretary has assumed administra- tion of relocation assistance and payments. Ire_' time until close -out is estimated as follows: - 1) Miscellaneous typing, filing and updating files, phone @ 1 hour per week (April through September) x 27 weeks; 2 hours per week x9 weeks. 11 hours @ $8.89/hr. = $ 98 34 hours @ $9.33/hr. = 318 $416 (dg) C.D.B.6. '-INAL ADvINISTRkTIVE SERV BUDGET I. Cli'dCC'f rO=;TS (con ti. is uc(1) 21 Processing tenants for return to Park Hotel 1 3 hours per Neel: (Oct. s Nov.) x 9 week; = 27 hours 9 $9.33/hr. _ $253 3) close out program @ 1 hr. per week (Dec.,) x 4 weeks = 4 hrs. @ $9.:13 /hr. = $ 33 'rntal Relocation Assistance 5706 Total - Aeministrntive Secretary 4. Fringe iienef.its Computed 18Y% of $6,233 total Dire CL Salaries = Total Personnel = E. Travel 1. Housing Rehabilitation Specialist g 4 males per gay r. 2 days per week x 40 weeks plus 10 miles once per month x 9 months = 410 miles ? 20C per mile 2. Administrative Secretary 0 10 miles per month x 9 months = 90 miles @ 20t ner mile Total Travel C. Rental of Office Space Office space for Housing Rehabilitation Special- ist - $95 per month x 9 months (April through Dec.) D. Telephone E:; ti.ma to $45 per month x 9 month:: _ L. Sundry 1. Pormi;, :stationery. mist. office suppl:ics @ $10 per month x 9 month:; _ 2. Xerox copies @ 5C per copy has averaged 750 copies last few months. Estimate 750 copies LI 5t per copy x 10 months (April 1983 through Jan., 1984 - Billing one month in arrears) Total Sundry = TOTAL DTRECT COSTS 11. INDIRECT COSTS A. Payroll and Accounting Services (Accounting Staff to be retained through 3 -31 =84 to process final payroll and payables and to reconcile accounting records) 1. Senior Account Clerk (Current salary of $1,466 per month - $8.46 per hour. Step increase in July to $1,541 per month - $8.89 per hour.) $1,177 $1,154 April 1, 183 Pagn 2 o' �i $7,387: S 82 S 18 $ 100 $ 855 $ 405 $ 90 $ 375 465 $ 9,2i2 (dg) April 1, 1�3 �1 Page 3 of C.D.B.G. F!Nhl, ADMINISTRATIVE SERVIC_., BUDGET —� FYE II. INDIRECT COSTS (continued) a) Sr. Account Clerk will continue to prepare payroll documentation., process and document payment of invoices and perform all related routine accounting functions including posting of all journals, ledgers and reconciliation of bank statements. Estimate 10 hours per month April, '83 through Feb.,'84 Estimate 15 hours per month March '84 to close out and balance all books and accounting records. 3 mos. x 10 hrs /mo. x $8.46 /hr. _ $ 254 6 mos. x 10 hrs /mo. x $8.89/hr. = 534 2 mos. x i0 hrs /mo. x $8.89 /hr. = 178 1 me. x 15 hrs /mo. x $8.89 /hr. = 134 $1,100 b) Sr. Account Clerk to be responsible for maintenance and accounting, related to separate interest earning checking account set up for administration of payments to Developer during rehab. of :'ark Hotel. 4 hours per month 0 over- time rate (May through February) 2 mos. x 4 hrs /mo. x $12.69 = $ 102 8 mos. x 4 hrs /mo. x $13.34 = 427 52 Total Sr. Account Clerk $1,629 2. Financial & Administrative Services Officer (Current salary of $2,772 per month - $15.99 per hour) Financial & Administrative Services Officer will maintain responsibility for monitoring all accounting operations and will continue to prepare requisitions, budgets and account nommaric:: as necessary.. Estimate 20 hour:: April, 1983 Budget preparation and 4 heirs per month May '83 through Feb. '84,+16 hours March, '84 to prepare final reports and recon- cile requisitions, etc. 1 mo. x 20 hrs. x $15.99 = $ 320 1.0 mos. x 4 hrs. x $15.99 = 640 1 me. x 16 hrs. x.$15.99 = 256 $ l 16 Total Financial & Admin. Services Officer. $1,216 3. Office Services.Assistant (Formerly classified as Sr. Clerk Typist. Current salary of $8.06 per hour through Nov.'83.. Step increase to $8.46 per hr. end of 11ov.'83) Will continue to provide clerical and tele- phone support for direct and indirect staff. Estimate 3 hours per month April through Dec.'83. 8 mos. x 3 hrs. x $8.06 = $ 194 1 me. x 3 hrs. x $8 -.46 = 26 $ 220 Total Office Services Assistant $ 220 4. Fringe Benefits Indirect staff 0 1845 of 3,065 .total indirect salaries = 5 568 (dg) C.0.B.:. FI'iAL ADMINISTRATIVE SERVIb-d BUDGET 'r'!E 3_31184 1SJ12:CT COSTS (continued) Total Payroll and recounting Service; B. Sundry 1. Rental of Office facilities and equipment CDBG indirect staff. Flat charge of $15 per month (approximately 1.. of total office rcnr Lo CAL 64 -A paid by other proyrams) April, '8; through March, '84. $15 per mn. x 12 mos. = -. 2lisccllancou :; supplies, accouu:tinq, pay- roll and misr:cllaneous indirect supplies: A $10 per mon':h April '83 Lhrou,lh :larch '84. $10 per mc. x 12 mos. _ Total .Sundry = TO.::L INDIRECT COSTS III. RELOCATI(3 :1 BENEFIT PAYMENPS A. Dislocation Payments Dislocation payment for 1 household C1 S1.00 total eligibility ... 6lovin, Iiry�_�nes 11 hou: ;eholds estimated 9 $100 - total. eliaiblllty = C. Rental Assistance Computation based on balance of eligibility as follows: 4 households (1 $1,000 = $4,000 1 household 1,1 $7.15 - 745 1 household 1.,1 $,,25 *- 625 1 household @ $126 126 1 hou: ;ehold ? $ 25 25 1 household n $ 3 3 $5,524 TOTAL. RELOCATION BENEFIT PAYMENTS TOTAL. C.D.B.G. ADMINISTRATIVE SERVICES BUDGET April 1, '10�3 Pays 4 of $3,633 S 180 $ 120 $ 300 3,933 $ 100 $1,100 $5,524 $ 6,724 519,869 (dg) HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO DOWNTOWN HOUSING CONSERVATION PROGRAM PROGRAM ACTIVITY REPORT 1982 -1983 INTRODUCTION We are now entering into the third and final year for the City's Downtown Housing Conservation Program.. This report highlights the program's second year activities and costs. Additionally, the report identifies a new policy issue which will require future action by the City. SECOND YEAR ACTIVITIES At the close of the first year activities of the Downtown Housing Conservation Program, the Loan Committee gave conceptual approval to fund the rehabilitation of the Park Hotel. The Loan Committee believed that rehabilitation of the Park Hotel was a particularly attractive project. Its rehabilitation would .provide needed housing and also serve as a highly visible incentive for other neighboring property owners to make needed improvements.. Conceptual approval to fund this project essentially committed the entire second year program activity to completing the project. It was anticipated that work on the project could start as early as August 1982. However, in processing the project through the various city departments, a number of problems came up that had to be resolved., The _resolution of these problems has delayed the starting date for this project. In addition, because the rehabilitation of the Park .Hotel will utilize federal funds, it was necessary that the project be reviewed by the State Office of Historic Preser- vation. The State people determined that the Park Hotel played an important role in the development of San Luis Obispo because of its relationship to the railroad.. This funding made the hotel eligible for inclusion in the .National Register of Historic Places. Due to this eligibility, some changes were required to the proposed elevations, so that the rehabilitation would conform to the standards for rehabilitation established by the Secretary of the Interior. These changes caused further delays.. The Loan Committee has reviewed the proposed rehabilitation loan package and has approved funding for the project-. Additionally, State funding for the project has been approved by the Housing Commission. Both the Loan Committee and the Housing Commission approvals have included conditions requiring that the Park Hotel partnership move the project to completion without further delay. In return for a commitment from the owners of the Hotel to make the rehabilitated units available to low - income households for a period of 20 years, the Loan Committee approved a loan in the amount of $300,000 at 38 interest for 20 years. For the first five years there will be interest -only payments of $750 /mo. ($9;000 /yr..). For the remaining fifteen years there will be principal and interest payments of $2,071.83/mo. ($24,862/yr.). This agreement will result in $417,930 returned to the City for use in other housing - related activities over a 20 -year period. Once rehabilitation is completed, there will be 4 studio apartments and 17 one- bedroom apartments, 4 of which are designed for wheelchair use. This represents an initial cost to the program of $14,286 per unit. On an annual basis, this amounts to only $714 per unit per year of benefit. In preparation for the start of rehabilitation activities, all residential tenants have been successfully relocated to alternate housing. Once the rehabilitation is complete the former tenants will be given the option of moving back to the Park Hotel and will have first choice of the new units. Barring any further unforseen delays, work is now anticipated to begin in May with occupancy scheduled for November, 1983. FINANCIAL. SUMMARY In the city's application to HUD for C.D.B.G. funding, $50,000 was budgeted for admin= istration by the Housing Authority, $265,000 for rehabilitation of properties, and $15,000 for relocation of tenants.. -1- ROUSING AUTHORII THE _CITY OP SAN LUIS OBISPO J DOWNTOWN HOUSING CONSERVATION PROGRAM PROGRAM ACTIVITY REPORT 1982 -1983 FINANCIAL SUMMARY (continued) 4 -15 -83 Approximately $29,000 has been spent on a dministration of the program during the first two years. it is anticipated that $13,150 will be spent during the final program year. This brings the total anticipated administration costs to $42,150 for 3 years, an amount well below the $50,000 original estimate. To date, $4,831.25 in relocation assistance has been paid to displaced tenants. This assistance has been in the form of payments for moving expenses, dislocation payments, and rental assistance payments. An additional $6,724 is allocated in the final year budget to meet program commitments to the individuals who are now displaced. This total of $11,555 presents no budgetary problems. - During the first program year, $3,695 was used from the original $265,000_ rehabilitation loan fund to make a principal reduction loan to rehabilitate a 3- bedroom apartment down- town. Because the City met all the requirements for a lump-sum drawdown of rehabili- tation funds, the entire $265,000 was requisitioned from HUD. Since that time, the City's Finance Director has kept the funds fully invested and there is now over $310,000 in the loan account. Subsequently, the program has been able to commit $303,695 in loan funds for rehabilitation. This amount is well above the original program allocation. Under the terms of the C.D.B -.G. program, residual funds and recaptured loan funds must. be used to help further the goals of the Housing Assistance Plan adopted by the City. As stated earlier, the Loan Committee will be exploring possible uses for these funds and will make a recommendation to the Council at a later date -. The Council will have to make a final determination on the uses for residual and recaptured funds. PROGRAM.. DIRECTION. Once completed, the Park Hotel project will provide a much needed additional housing resource for low income tenants that is primarily targeted for the elderly and handi- capped. In addition, the project will return to the City all of the original loan amount, plus an additional $117,930 in interest. At its next meeting, the Loan Committee will discuss possible ways in which these recaptured funds could be utilized to help further the goal of providing affordable housing in San Luis Obispo. once a plan is developed, it will be sent to the City Council for consideration. Since the loan for the rehabilitation of the Park Hotel will utilize virtually all the program's loan funds, there will be insufficient money at the end of the program year to continue the Rehabilitation Loan Program. Subsequently, once the Park Hotel project is complete and the residential rental units are occupied, staff will close out the program. - -2- I oss qous-1, i RESOLUTION NO. 5104(1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AMENDED PLANNING COMMISSION BY -LAWS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain Exhibit "A ", entitled "Planning Commission By- Laws," attached hereto and incorporated herein by this reference is approved as amended and adopted. 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 3rd day of May 1983. ATTEST: -12" A� CITf CLERK PAMELA VO S R D: City Administrative Office City Attorney Community Development Director R 5104 J EXHIBIT 66 f9 PLANNING COMMISSION BY -LAWS I. MEETINGS A. Regular meetings shall. be field at 7:00 p.m. on the second and fourth Wednesday of each month. B. No agenda item shall be introduced after 11;00 p.m. without the consent of a majority of commissioners present. C. Regular meetings shall be held in the City Council Chambers, City Hall, 990 Palm Street, San Luis Obispo, California. D. In_ the event the Planning Commission desires to hold all or any portion of a regular meeting it a place other than the City Hall, then the place of such meeting shall be posted on the bulletin board located at the entrance to City Council Chambers prior to the time herein designated for such regular meeting. II. ELECTION OF OFFICERS A. Officers of the Planning Commission shall be a Chairperson and a Vice- Chairperson. B. Officers shall be filled from appointed %aembers by secret written ballot of the voting membership. C. Election of officers shall be held annually at the first regular meeting in April. Officers shall serve a one year term starting in April. D. No person shall serve as Chairperson. or Vice - Chairperson for more than two consecutive terms. III. CONDUCT OF MEETINGS A. Commissioners should address questions through the Chairperson. B. Members of the audience should address commissioners or other persons present through the Chairperson., C. Procedure for reviewing public hearing items: After roll call the Chairperson shall announce to the public the procedures to be followed to consider the public hearing items and then proceed as follows: 1. The Chairperson shall introduce the items and ask for oral staff reports. 2.. The staff report previously submitted to the Planning Commission .shall be placed into the record with all communications received regarding the proposal. Staff reports shall be submitted for all public hearing items in a form acceptable to the commission. PLANNING COMMISSION BY -LAWS Page 2 3. The applicant shall be invited to make a presentation on behalf of the request. 4, Members of the public wishing to speak in favor or in opposition of the application shall be invited to make a presentation. 5. The public hearing shall be closed to the public and discussion confined to members of the commission; provided that the commission may reopen the public hearing at. anytime prior to A. decision on. an item on an affirmative vote of the majority of those members present. 6. The commission, upon formal motion, shall take action to dispose of the proposal. The Chairperson shall inform the applicant and public of the right of appeal and procedures for filing such appeal. IV. QUORUM A. Four members of the Planning Commission constitute a quorum for transacting business, but a lesser number may adjourn from time to time and continue the consideration of pending business. B. A commissioner's failure to vote or absention on any item shall have no effect on the number present for quorum purposes. C. All members, when present, must vote except when abstaining due to a declared conflict of interest. D. Failure or refusal to vote when present -- except for a declared conflict of interest -= shall be counted as an affirmative vote. E. A quorum shall be required whenever the commission transacts business. V. VOTING A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no resolution, motion or any other action shall be passed or become effective without receiving the affirmative vote of at least a majority of members present. _ B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion, resolution or other action. C. Except as allowed under the Political Reform Action of 1974, any member abstaining due to a declared conflict of interest shall not participate in the discussion of the items or otherwise influence or attempt to influence in any manner the decision on the item. RESOLUTION NO. 5103 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROPRIATING MATCHING FUNDS FOR INTERIOR DECORATION OF THE JACK HOUSE. BE IT RESOLVED by the Council of the City of San Luis Obispo to appropriate $30,000 from Parks Development Account-to match - those raised by Jack House Committee to begin interior restoration of the main house. ON MOTION by 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 3rd day of May , 1983. ATTEST: City I ,lMel\anie C. Billig N_ i finance 9tr'e-ct6f R 5103 ��eGj'��r' -ior) Vii% �' `; �ii�c� -t`�C �_ I ^+ J RESOLUTION NO. 5102 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIF. EXPRESSING OPPOSITION TO LANGUAGE ENTITLED "COMPROMISE BETWEEN NATIONAL LEAGUE OF CITIES AND NATIONAL CABLE TELEVISION ASSOCIATION ON FEDERAL CABLE LEGISLATION ". WHEREAS, under existing law, the governing body of a city, county, or city and county may grant a cable television franchise; and WHEREAS, the City of San Luis Obispo has issued a franchise to a cable operator to provide cable services; WHEREAS, on March 4, 1983, the National League of Cities and the National Cable Television Association agreed to compromise language regarding federal cable legislation which substantially.impacts said franchise agreement; and WHEREAS, the Board of the National League of Cities approved this language on March 6, 1983'. and WHEREAS, the Board of the National League of Cities did not consult with member cities before approving said compromise language; and WHEREAS, specific provisions in said compromise language are in direct conflict with local laws which have been enacted by the City of San Luis Obispo. SECTION 1. The definition of concurrent jurisdiction between local franchising authorities and the federal government removes the areas of access, service and facility requirements, renewal or extension of franchises, among the other areas from exclusive local jurisdiction. SECTION 2. Cable operator, will no longer be contractually bound to provide services originally offered. SECTION 3. Renewal tests as outlined are vague and will result in essentially automatic renewal of franchise. SECTION 4. Requirement that'all franchises be brought into compliance within one year impairs contracts fairly and voluntarily negotiated and is a usurpation of local government's rights. R 5102 Resolution No. 5102 (1983 Series) WHEREAS, the Board of the National League of Cities should have consulted with its member cities prior to approving said compromise language. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that it opposes the compromise language as approved by the Board of the National.League of.Cities. BE IT FURTHER RESOLVED, that the City of San Luis Obispo urges the Board of the League of .California Cities to oppose the compromise as approved by the National League.of Cities on March 6, 1983. BE IT FURTHER RESOLVED, that the City of San Luis Obispo forward its specific concerns to the NLC, its congressional delegation and urge the League of California Cities to work with its member cities to develop specific legislative provisions to protect the ability of local.jurisdictions to negotiate and enforce local cable franchises. On motion of Councilman Griffin seconded by Councilman Dunin , and on.the following roll call vote: AYES: Councilmembers Griffin, Dunin, Settle and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was pass ecji adopted this 19th day of April , 1983. A TTTf�T &,a (�fi� �I RESOLUTION NO. 5101 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING SEWER FUND APPROPRIATIONS 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 sewer fund account be increased in the amount stated to provide for wastewater treatment and reclamation plant enlargements, Unit 2, Step 3 construction: Account No.. Description Amount (90) (EPA 2) 52- 7162 -720 Sewer Plant -EPA Improvement _.$2,387_,_800 Project Phase II'. SECTION 2. That $298,475 be transferred from the sewer fund capital replacement reserve to provide for the City's portion of the above project. SECTION 3. That estimated revenues of the sewer fund be increased in the following amounts to recognize the estimated grant reimbursement for the project: Estimated Federal EPA Grant Reimbursement - •$1,790,850 Estimated State Grant Reimbursement - $298,,475 On motion of Councilman Settle and on the following roll call vote: seconded by Councilman Dunin AYES: Councilmembers Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted th ATTEST• CITY CLERK PAMELA VOG 19th day of April 1983. in A o n B R 5101 Resolution No. 5101 (1983 Series) APPROVED: City dministrative Officer City Attorney Finance Dir -tor Public Works Director �O!'l%P�i�O �i�IQ- �7C'P� C' O f-i% .. RESOLUTION N0. 5100 (1983 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: Wastewater Treatment Plant CITY PLAN NO.: G -41 Improvements, Unit No. 2 BUDGET ACCOUNT: (90)52- 7162- 720(EPA2) ESTIMATE: $3,598,000 BID AMOUNT: $2,279,600 BIDDER: E1 Camino Construction Co. SECTION 2. That the City Clerk is directed to prepare the appro- priate documents for signature by the successful bidder and the Mayor. On motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 19r1, day of A ri, 1983.- / ATTEST: V CITY1 CLERK PAMELA VO S R 5100 6 Resolution No. 5100 (1983 Series) APPROVED• n City dministrative'0 ficer City Attorney Finance Dir�etor Public Works Director C' ii�7C P�