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HomeMy WebLinkAbout5231-5249RESOLUTION NO. 5249 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPOINTING FINANCE DIRECTOR AS TREASURER AND RESCINDING RESOLUTION NOS. 4480 AND 4722 Rescinded by R 6148 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the current Finance Director is hereby appointed to the position of Treasurer concurrent with the position of Finance Director. SECTION 2. That the Director of Finance /Treasurer and the City Administrative Officer shall be and are hereby authorized to sign all checks, drafts and other orders for and on behalf of the City for deposit, encashment or investments. 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 15th, day of November , 1983. ATTEST: CITI CLERK PA1,1ELAfGFS I RESCINDED R 5249 Approved: -eaxt.�- a, �41setl City Administrative Officer City At uey Novi rector �� . '.�,, �L n RESOLUTION NO. 5248 (1983 Ser -ies) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ORANGE NATIONAL BANK FOR THE LEASE PURCHASE FINANCING OF THE CITY'S TELEPHONE SYSTEM 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 Orange National Bank 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: Ron Morton, Municipal Leasing Associates, Inc., 16133 Ventura Boulevard, Suite 955, Encino, CA 91436; and to the City Finance Director. 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 15th day of November Es =s:ssss:� R 5248 �jGG "�' Y -J Q °�J ' � 'E �cJ ~, PERSONAL PROPERTY LEASE EXHIBIT "A" THIS PERSONAL PROPERTY LEASE ( "Lease ") is made and entered into as of this 7th. day of November 19 83 . by and between ORANGE NATIONAL .BANK ( "Lessor ") and CITY OF SAN LUIS OBISPO ( "Lessee "). WITNESSETH: For and In consideration of tXs mutual covenants hereinafter set forthe the parties hereto agree as follows: 1. LEASE. Lessor hereby leases to Lessee. and Lessee hereby leases and hires from Lessor, all property (hereinafter referred to as "Property") described in the schedule or schedules (hereinafter referred to collectively as "Schedule ") executed by the parties concurrently herewith or hereafter and made a part hereof. 2. TERM. The term of this Lease respecting each item of Property commences and terminates as. of the dates designated in the respective Lease Schedule 1 3. RENT. The rent for any and every item of Property described in the Schedule shall be the amount designated in the Schedule. Lessee shall pay Lessor said rent.in advance. in the amounts and at the times not forth is the Schedules at the office of Lessor or to such other person or at such other place as Lessor may from time to time designate in writing. Whenever Lessee requests Lessor to render final payment to a supplier in advance of the commencement date of the Lease or when Lessee requests Lessor to order Property requiring partial or progress payments, said pay- ments shall be subject to a daily (as defined as interim rent and equal_ to a rate of Nine & 94/100 percent 1 9.94 S.) per annum calculated upon the amount of all such progress. partial, or advance payments from the date of disburse- ment thereof by Lessor until the date the Lease commencer and a Lease Schedule is executed at which time all interim rent is due and payable to the Lessor. If the Lease Schedule is not executed on or before the expiration date of the commitment by the Lessor. the Lessee agreesq upon demand by the Lessor. to reimburse the Lessor the amount of all advances partial* or progress payments made by Lessor together with a fee thereon at the rate of Nine & _94/100 percent 19.94 %) per annum from.the date of disbursement of each such payment until the amount thereof is paid, in full to Lessor. 4. USE. Lessee shall use the Property in a careful and proper manner and shall comply with and conform to all nationals states municipals policos and other laws, ordinances* and regulations In anywise relating to the posses- alone uses or maintenance of the Property. If. at any time during the term hereof. Lessor supplies Lessee with labeles plates. or other markings stating that the Property is owned by Lessor, Lessee shall affix and keep the same upon a prominent place on the Property. S. ACCEPTANCE. Lessee shall acknowledge receipt and inspection of the Property by executing a Certificate of Acceptance. 6. LESSOR'S INSPECTION. Lessor shall at any and all times during business hours have the right to enter in* to and upon the premises where the Property may be' located for the purpose of inspecting the same or observing its use. Lessee shall give Lessor immediate notice of any attachment or ethic judicial process affecting any item of property and shalle whenever requested by Lessor, advise Lessor of the exact location of the Property. 7. PROPERTY SELECTION AND ORDERING. Lessee has selected the types quantity, and suppliers of the Property leased hereunder. Lessee shall ensure that all Property is properly invoiced to Lessor. LESSOR SHALL NOT BE LIABLE FOR. NOR SHALL THE VALIDITY OF THIS LEASE BE AFFECTED BY, ANY DELAY IN OR FAILURE OF DELIVERY OF SAID ORDERED PROPERTY. Lessor shall have no duty to inspect the Property. If the Property Is not properly installed, does not operate as represented or warranted by any supplier. or is unsatisfactory for any season, Lessee shall make any claim on account thereof solely against said supplier. LES --SEE HEREBY AS- SUMES THE RISKS, BURDENS, AND OBLIGATIONS TO ANY SUPPLIER ON ACCOUNT OF NONACCEPTANCE OF THE PROPERTY AND /OR CANCELLATION OF THE LEASE AND UPON THE OCCURRENCE. OF SUCH EVENT. LESSOR WILL ASSIGNS WITHOUT RECOURSE OR WARRANTYe ITS RIGHTS AND TITLE OF SAID PURCHASE ORDER AND ANY INVOICE TO LESSEE. S. DISCLAIMER OF WARRANTY. LESSOR, NOT BEING THE MANUFACTURER OR SUPPLIER OF ANY OF THE PROPERTY NOR A DEALER IN SIMILAR PROPERTY. HAS NOT MADE AND.DOES NOT MAKE ANY REPRE- SENTATION. WARRANTY, OR COVENANT, EXPRESS OR IMPLIED. WITH RESPECT TO THE DESIGN, DURABILITY. L -3 FITNESS FOR USE, SUITABILITY. '\tERCHANTABILITY OF THE PROPS /j IN ANY RESPECT, AND AS BE- TWEEN LESSOR AND LESSEE, ALL%::iOPERTY SHALL BE ACCEPTED AND :.ABED BY LESSEE "WHERE IS." "AS LS," AND "WITH ALL FAULTS." AND LESSOR SHALL NOT BE RESPONSIBLE FOR ANY PATENT OR LATENT DEFECTS THEREIN. LESSEE AGREES TO SETTLE DIRECTLY SUCH CLAIMS WITH THE SUPPLIERS AND WILL NOT ASSERT ANY SUCH CLAIMS AGAINST LESSOR. 9. ALTERATIONS. Without the prior written consent of Lessor, Lessee shall not make any alterationss addi tions, or Improvements to the Property. All additions and improvements of whatsoever kind or nature nude to the property shall belong to and.become the property.of Lessor upon the expiration or earlier termination of this Lease. "Lessor will not unreasonably withhold permission for the Lessee to attach to the Property other items that may be purchased or rented from others or for the Lessee to alter the Property as long as Lessee agrees to return the Property to its original configuration if the Lessee returns the Property to the Lessor at the expiration of the Lease tern►." S 16* Lessee. at its own cost and expense. shall keep the Property, in good repairs condition, and workiag order and shall furnish any And all parts. mechanisms, and devices required to keep the Property is good mechanical and working order. Lessee's obligations under this provision do not relieve the contractor /supplier of the responsibility to fully perform with respect to all applicable Warranties and Guarantees. 11. LOSS AND DAMAGE. Lessee hereby assumes and shall bear the entire risk of loss and damage to the Property from any and every. cause whatsoever. No loss or damage to the Property or any part thereof shall impair any obligation of Lessee under this Lease which shall continue in full force and effect. S. 12. INSURANCE. Lessee shall keep the Property insured against all risks of loss or damage from every cause whatsoever for not less than the full replacement value thereof as determined by Lessor, and Lessee shall carry public liability and property damage insurance covering the Property. All -said insurance shall be in fora and amount and with companies approved by Lessor,• and shall be In the joint metes of Lessor and Lessee. Lessee shall pay the premiums the and deliver said policies or duplicates thereof-to Lessor. Each insurer shall agree, by endorsement upon the policy or policies issued by it or by independent instrument furnished to Lessors that it will give Lessor thirty (30) daYs' written notice before the policy in question shall be altered or canceled. The proceeds of such insurance, at the option of Lessor, shall be applied: (a) toward the replacement, restoration, or repair of the Property, or (b) toward payment of the obligations of Lessee hereunder. Lessee hereby appoints Lessor as Lessee's attorney -in -fact to make claim tor, receive payment of, and execute and endorse all documents, checks, or drafts for loss or damage under any said insurance policy. 13. TAXES. Lessee shall keep the Property free and clear of all levies, liens.• and encumbrances and shall pay all license fees, registration fees, assessments, charges and taxes (municipal, state, and federal) which may now or hereafter be imposed upon the ownership, leasing, renting, sale; possessions or use of the Property, excludingg how- ever, all taxes on or measured by Lessor's income. 14. LESSOR'S PAYMENT. In case of failure of Lessee to procure or maintain said insurance or to pay said fees, assessments. charges, and taxes all as hereinbefo,re specified, Lessor shall have the right, but shall not be obligated. to effect such insurance or pay said fees, assessments, charges, and taxes as the case may be. In that events the cost thereof shall be repayable to Lessor with the next installment of rents and failure to repay the same •shall carry with it the same consequence, including Interest at ten percent (lo%) per annum, as failure to pay any installment of rent. 15. INDEMNITY. To the extent the law allows, Lessee shall indemnify Lessor against and hold Lessor harm- less from any and all claimst actionse suits, proceedings, costs& expenses, damages, and liabilities& including attorneys' fees. arising out of, connected with, or resulting from the Property, Including without limitation. the selections possession, use, operations or return of the Property. 16. DEFAULT.. If Lessee does not pay any amount due or to become due under the Lease or defaults in the performance of any of the terms and conditions hereof, all Lessee's rights hereunder are terminated and Lessor shall become entitled to possession of the Property and to retain all rentals. Any past due payment of rent shall bear interest at the rate of ten percent (10%) per annum. 17. CONCURRENT REMEDIES. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any other right or remedy herein or by law or equity provided or permittedo but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing at law or.in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. IS. LESSOR'S EXPENSES. Lessee shall pay Lessor all costs and expensesg including attorneys' feest incurred by Lessor in exercising any of its rights or remedies hereunder or enforcing any of the termse eonditionse or provi- alons hereof. 19. ASSIGNMFNT. Without the prior written consent of Lessors Lessee shall not (a) assign, transfer, pledge. L -3 - t - or'a^potheeata t2tiis "Lease, the Prop . or any part thereof. or any interest th- eratn, or (a) suoter or ..... w. swr- perty or any part thereof. or permi�m;: Property or any part thereof to be us, anyone other than Lessee or Lessee's employees. Consent to anrzo:'tho foregoing prohibited acts applies on i'.n the given instance and is not a consent to say subsequent like act by Lessee or any other person. Subject always to the foregoing, this Lease inures tb the benefit of, and is binding upon, the heirs, legatees, personal representatives. successors. and assigns of the parties hereto. 20. OWNERSHIP. The Property is and shall at times be and remain the sole and exclusive property of Lessor. sad the Lessee shall have no right. title, or interest therein or thereto except as expressly sat forth in this .Lease. 21: PERSONAL PROPERTY. She Property is and sretrain hall at all times be and re personal property notwith- standing that the Property or any part thereof may now be or hereafter become in any manner affixed or attached to or imbedded ins or permanently resting upon, real property or any building thereon, or attached in any stunner to what is permanent by means of caments plaster, nails, bolts, screws, or otherwise. 22. INTEREST. Should Lessee fail to pay any part of the rent herein reserved or any other sum required by Losses to be paid to Lessor within tan (10) days after the due date thereof, Lessee shall pay unto the Lessor interest on such delinquent payment from the expiration of said ten (10) days until paid at the rate of ten percent (10%) per annum. 23. NON - WAIVER. No covenant or condition of this Lease can be waived except by the written consent of Lessor. Forbearance or indulgence by Lessor let any regard whatsoever shall not constitute a waiver of the covenant or condi- tion to be performed by Lessee to which the saute may apply, and, until complete performance by Lessee of said covenant or condition, Lessor stall be entitled to invoke any remedy available to Lessor under this Lease or by law or in equity despite sasid forbearance or indulgence. 24. EARLY TERMINATION. Upon written notice to Lessor given not later than ninety (90) days prior to the end of any fiscal. year of Lessee, Lessee may terminate the Lease or any Lease Schedule or. Schedules as of the end of that fiscal year based solely upon the Lessee's inability, after exercising due diligence. to appropriate funds for the subsequent years' lease payments. Upon termination before the full term of the Lease, Lessee, at its expense. shall redeliver the property to the Lessor at a location designated by Lessor within the same county as the premises where the Property may be locatsd to as good a Condition as when received, normal wear and tear excepted. U Lessee terminates the Lease under this paragraph. Lessor may retain all amounts previously paid by Lessee and may collect and retain any amounts due and unpaid on due date of such termination as delineated in the Schedule. LS, ENTIRE AGREEMENT. This instrument and the related Lease Schedules constitute the entire agreement between Lessor and Lessee, and it shall not be amended, altereds or changed except by a written agreement aigaed by the parties hereto. 26. NOTICES. Service of all notices under this agreement shall be sufficient it given personally or mailed to the party involved at its respective address hereinafter set forth or at such address as such party may provide in Writing from time to time. Any such ,notice mailed to such address shall be effective when deposited in the; United States mail, duly addressed and with postage prepaid. 27. TITLES. The tit1'es to.the paragraphs of this Lease are solely for the convenionce of the parties and are not an aid in the interpretation of the instrument. 28. TIME. Time is of the essence in this Lease and each and all of its provisions. 29. • LEASE INTERPRETATION. This Lease and the rights of the parties hereunder shau be determined in ac- cordance with the laws of the State of California. IN WITNESS WHEREOFe the parties hereto have executed this Lease as of the day and year first above written. ORANGE NATIONAL BANK CITY OF SAN LUIS OBISPO (f.eesorl (Lrsseel 1201 East Katella Avenue Orange, CA 92667 By w • �. U [112 !O• PL-3 N 990 Palm Street San Luis Obispo, CA 93406 -032 Title Attest rk 3 ' C _ ty Clerk LEASE SCHEDULE NO. 83 -74 -0, This Lease Schedule is issued pursuant to the Personal Property Lease dated as of November 7, 1983 by and between the undersigned. A. EouipmentLocation: City Hall and City Corporate Yard B. Equipment Description: One (1) New Dimension 600 Electronic PBX System • One (1) New Horizon Electronic Key System C. Naive and Address of Supplier(s): AMERICAN BELL, INC. Information Systems Division 7170.North Financial Drive Fresno, CA 93710 D. Equipment Detail and Cost Summary: Item Number Serial Number Type and Model Amount 1 One (1) New Dimension 600 Electronic $255,523.00 PBX System 1 One (1) New Horizon Electronic Key System Equipment Cost $255,523.00 Applicable Sales Tax (included) $2551523000 TOTAL COST:. E. Lease Term. The lease term respecting each item of equipment listed on this Schedule is Five .(5) , _ _ years commencing on the - day of _- _ .. ., 19 - - . and ending on the day c . 19 F. Payments of Rent. The lease rentals for this Schedule are due in Twenty (20) coasecutive.paytsguts in accordance with the Payment Schedule outlined in Section 6. Each rental includes interest at the rate of 9..94 !% per annum on the unpaid principal balance: ORANGE NATIONAL BANK CITY OF SAN LUIS OBI_SPO 1201 East Katella Avenue 990 Palm Street Orange, CA 92667 San Luis Obispo, CA 93406 -0321 (Lessor Name and Address) - (Lessee Name and Address) -k By ty - [G, 1 sQ /t rL . e Title tr i/• O Title, Date 12 / L 13 Date -T Attest C o a (C ontinu [:; Payment Schedule: 83 -74r---� Payment Number Due Date Rent Purchase Option To Principal To Interest 1 On Acceptance $ 151,971.00 - - - -- $ 15,971.00 .0 2 15,971.00 $252,870.00 10,018.00 $ 5,953.00' 3. 15,971.00 242,295.00 10,267.00 5,704.00 4 15,971.00 231,457.00 10,522.00 5,449.00 5 15,971.00 220,349.00 10,784.00 5,187.00 6 15,971.00 208,966.00 11,052.00 41919.00 7 15,971.00 197,300.00 11,326.00 4,645.00 8 15,971.00 185,344.00 111608.00 4,363.00 9 15,971.00 173,091.00 .11,896.00 4,075.00 10 15,911.00 160,533.00 12,192.00 3,779.00 11 15,971.00 147,663.00 12,495.00 3,476.00 12 15,971.00 134,474.00 12,805.00 3,166.00 13 15,971.00 120,957.00 13,124.00 2,847.00 14 15,971.00 107,103.00 13,450.00 2,521.00 15 15,971.00 92,906.00 13,784.00 21187.00 16 15.,971.00 78,356.00 14,126.00 1,845.00 17 15,971.00 63,445.00 14,477.00 1,494.00 18 15,971.00 48,162.00 14,837.00 .1,1134.00 19 15,971.00 32,500.00 15,206.00 765.00 20 15,971.00 15,972.00 15,583.00 388.00 1.00 TOTALS:. $319,420.00 $255,523.00 $63,897.00 H. Purchase Option. "Lessee shall have and is granted, provided it is not in default hereunderl an option to purchase not less than all of the equipment in an "as is" condition as of the due date of any rental payment in accordance with the applicable purchase price not forth in the Payment Schedule. Forthers in consideration of the Lessee's compliance with all of the covenants in the Lease hereunder. the Lessee may acquire all of the Lessor's rights titles and interest in the Equipment for $1.00 at.any time after the final payment of rent. The. Lessor covenants that it wills upon receipt of Lessee's purchase payment, execute to Lessee a bill of sale as evidence of the trans- fer of title free and clear of any liens or encumbrances. The stated. purchase. options are exclusive of any appli- cable sales tax. L Termination. Termination of this Schedule at the expiration of any lease period is subject to the provisions of Section 24 of the Personal Property Lease and the payment. of accrued interest dae and unpaid as of the termination date equal to the interest amount specified in the next succeeding rental payment. J. Special Conditions: Lessee shall sign acceptance 'certificate and commence the lease term upon the satisfactory installation of the first system installed. Upon receipt of same, Lessor shall disburse funds to the vendor in care of the Lessee. Approved and agreed to: ORANGE NATIONAL BANK .-(Lessor) By 4-2 rc• ? s9isit- Title .ir• lY P _ - Date /1� Ar& __ -- CITY OF SAN LUIS OBISPO (Lessee) B V A V Y N ' M,11M AYIt..: . r.1 -/-'30R: ORANGE NATIONAL BAh-- - DATE Address: 1201 East Katella Avenue _ ovember_7, 1983 ._ City: Orange, CA.92667 Phone: (714) 771 -4000 SHIP TO CITY OF SAN LUIS OBISPO VENDOR_ AMERICAN BELL. INC_ -- Information.Systems Division ADDRESS 990 Palm Street ADDRESS 7170 North Fi nand a l Dri vP CITY &STATE San Luis Obispo ,='ZIPCODE 93406 -0321 CITYaSTATEFresno, CA ZIPCOOE 93710 OEUVERV OAFF LESSEE REPRESENTATIVE VENDOR . REPRESFUTATOVE - - - -- " - - - - - - QUANTITY III IP DESCRIPTION" UNITPRICE AMOUNT 1 One (1) New Dimension 600 Electronic•PBX $255,523.00 System 1 One (1) New Horizon Electronic Key System The price includes installation charges amounting to $37,610.0.0 for both systems SPECIAL INSTRUCTIONS: TOTAL LIST S 255, 523.00 Address invoice to ORANGE NATIONAL BANK and mail_ to the CITY OF SAN LUIS OBISPO for approval SALES TAX TRANSPORTATION (included) OTHER: TOTAL COSr 5255 .523.00 We desire to lease from ORANGE -NATIONAL BANK the above described equipment upon the following terms and con itions. We request t at you purchase the above equipment to be leased to us from the above named Vendor. The equipment shall be kept at the "Ship To" ad- dress. You have no obligation'to install, test, or service the equipment. We agree that all terms and obligations of that certain Personal Property Lease, dated November 7,_ 1983, between the parties hereto are incorporated by reference and made a part hereof. On or before our acceptance of the equipment, we will execute and deliver to you a completed Lease Schedule. We agree that in the event we fail to lease the equip= went set forth above pursuant to the Personal Property Lease, we will, upon your demand, purchase such equipment from you for the amount of the purchase price plus any other costs or expenses you have paid or are obligated to pay in connection with this purchase /lease transaction plus interest on all amounts at the per annum rate . of ( 9.94 X) percent. We agree to hold you harmless and bear all risk of loss of any kind or character that may occur pursuant to this Lease Order. t /G L Z� f�,5 - C''fy Clerk Pane Voges P U R C.H A S E O R D E R �,,F.SSOR: ORANGE NATIONAL .iaNK. Address: 1201 East Katella Avenue City: Orange, CA 92667 Phone: (714) 771 -4000 DESCRIPTION UNIT PRICE SHIP TO CITY OF SAN LUIS OBISPO _ _ ADDRESS 990 Palm Street CITY &STATE San Luis Obispo, ZIIPCQDE93406 -0321 r—� vLM00R Yf! TMH . cw.�vnra�a i I DA NTE 7, 1983 V- ENDO 0 AMERICAN BELL, INC. - Information Systems Division ADDRESS 71.70 Nnr+h Fi nanr-i al nri vP CITY &STATE Fresno, CA ZIP CODE 93710 OEUVERY DATE UME REPR TATIVE - - - - Please enter our order for the equip - VENDOR -REPR TA IV - and approved by: ment described above subject to the QUANTITY DESCRIPTION UNIT PRICE SAN LUIS OBISPO _e verse side. . $ $ 1 One (1) New Dimension 600 Electronic PBX 255052.3.00 � System BY� 1, Ones(l) New Horizon Electronic Key System e e i i - The price includes installation charges Title: P1a / _____ _.; amounting to $37,610.00 for both systems. SPECIAL INSTRUCTIONS: TOTAL LIST $255o523.00 Address invoice to ORANGE NATIONAL BANK and mail to SALES Tax (included) the CITY OF SAN LUIS OBISPO for approval Pp rRANSPORTArIo Clerk ame oges OTHER: 1. TOTAL COST $255,523.00 VENDOR agrees that it will make available to LESSEE, and will permit LESSEE to enforce against VENDOR its standard representations, warranties and service ob- ligations, in addition to the warranties set forth in paragraph 10•.on the re- verse side hereof and in the same manner as if LESSEE was purchaser of the equipment. All warranties and.service shall run and inure to the benefit of and be enforceable by both Purchaser and Lessees jointly and severally. This Purchase Order has been Please enter our order for the equip - reviewed and approved by: ment described above subject to the conditions cited above and on the re- CITY OF SAN LUIS OBISPO _e verse side. . PURCHASER- LESSOR: � BY� `ORANGE' NATIONAL' BANK' e e i i - - Title: P1a / _____ _.; By: i15� :r: 9 lei - Attest: - Title: Sr• d. Q ity Clerk ame oges 1. CPURCHASE ORDER 1. This order is given in reliance on your assurance that Lessee has selected the equip- ment described on the reverse side hereof and will accept the same on delivery. If the equipment described herein is not delivered to and accepted by the Lessee within 120 days of the date of.issue hereof, the Purchaser.may cancel this order and shall . have no obligation hereunder; in the event of any such cancellation Vendor agrees to refund to the Purchaser all sums (including taxes, transportation charges and other charges) paid for or on account of the equipment. This order shall be deemed to have been accepted by Vendor in accordance with its terms unless Vendor has otherwise in- formed the Purchase in writing within five (5) business days after the date hereon. 2. This Purchase Order must be accepted as written, except that the actual total cost to be paid by the Purchaser(including taxes, transportation charges and other charges) ✓ may differ from the total cost specified by no more than ten percent (10X) thereof. The Purchaser shall have no obligation hereunder if said difference exceeds ten per- cent (10X). 3. This order is subject to, and payment is conditional upon, satisfactory installation (if applicable) and written acceptance of named Lessee. 4. Vendor shall deliver the equipment directly to the 'Lessee at the address shown on re- verse side hereof. Transportation charges, if any, shall be prepaid and included in the invoice price. 5. All prospective delays in delivery shall be reported immediately to the Purchaser who reserves the right to.caucel all or any part of this order without obligation on its part if deliveries are to be later than the delivery date or are made after specified delivery date without extension of time by the Purchaser. If the Purchaser has not--,. indicated a preference for a method of shipment, the items will be shipped the least expensive way or the Purchaser may charge back the excess transportation charges. 6. Lessee is authorized, on the Purchaser's behalf, to receive delivery of.equipment or to-accept or reject same. 7. Vendor shall bear all risk of loss on any equipment covered by this Purchase Order un- til it is delivered to the Lessee at the place designated on the reverse side hereof, and Vendor shall further.bear all loss on rejected merchandise. 8. Vendor agrees to defend, protect and save harmless the Purchaser and Lessee against any and all claims, actions or suits for infringement of any United States or foreign letter patents arising out of or in any way connected with this order even if such claims, actions or suits shall ultimately be determined to be unfounded. 9. Title to equipment shall pass from Vendor directly to the Purchaser at the time of ac- ceptance by Lessee. Vendor warrants that it is the lawful owner of all equipment; that it will warrant and defend the title thereto against the claims and demands of all persons. 10. Vendor warrants and represents that all equipment supplied hereunder shall be free of. all liens and encumbrances and shall conform to all specifications, drawings, samples or other description furnished by the Purchaser or Lessee in connection with this Pur- chase Order; will be fit and sufficient for the purpose intended; will perform as speci- fied herein; and will be merchantable, of good quality and free from defects in ma- terial and workmanship. Vendor further warrants that the equipment will comply with all warranties, agreements and representations made by Vendor to the Purchaser and /or Lessee. The foregoing is in addition to and not in lieu of any and all other warranties, ex- press or implied. See reverse side for additional conditions. 11. Vendor agrees not to assign this order without prior written consent of Purchaser. 12. Vendor warrants and represents that the goods ordered hereby have been produced, sold, transported and delivered in compliance with the requirements of the Fair Labor Stan- dards Act of 1938, as amended, and other applicable municipal, state 6 federal laws. 13. The terms and conditions set forth shall not be modified or waived unless the Purchaser expressly consents thereto in.writing. C,I n RESOLUTION NO. 5247 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN OBISPO APPROVING THE CLOSING OF STATE HIGHWAY FOR THE ANNUAL CHRISTMAS PARADE WHEREAS, the citizens of the City of San Luis Obispo hold their Annual Christmas Parade in the month of December; and WHEREAS, the Eighth Annual Christmas Parade is an important civic celebration, drawing visitors to this city to see this extraordinary parade. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The closure of State Highway 227 between Broad and Nipomo Streets on Friday, December 2, 1983, between 6:00 p.m. and 8:30 p.m. may be accom- plished subject to approval of the California Department of Transportation. 2. The City Police Department and other city departments are directed to cooperate with the Christmas Parade officials in putting on the parade. 3. The Department of Transportation and the California Highway Patrol shall be notified of the proposed closing of a portion of a State Highway for this parade, and they are hereby requested to approve this action. 4. The City Clerk is hereby directed to notify appropriate city departments and State agencies for forwarding copies 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 R 5247 O The foregoing Resolution was passed and adopted this 15th, day of November, 1983. Approved: QLO City Administrative Offic r C� %�,� C' ��` �� ���� � .� /,` ��C� J CJ 0 RESOLUTION NO. 5246 (1983 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO DESIGNATING OFFICIALS AUTHORIZED TO EXECUTE APPLICATIONS FOR EMERGENCY MANAGEMENT ASSISTANCE FUNDING follows: BE IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. That the following named individuals are hereby authorized to execute for and in behalf -of a public entity established under the laws applications and documents for the purpose assistance under the Federal Civil Defense (P bli �aw 920, 81s+Congress, 50 USC App t /Tt-7-7 n„ the City of San Luis Obispo, of the State of California, of obtaining financial Act of 1950, as amended, 2251 - 2297). e Billig, Mayor Paul Lanspery, City Administrative Officer Roger L. Neuman, Police Chief Michael P. Dolder, Fire Chi I SECTION 2. The City Clerk shall furnish two certified copies of this resolution to the Fire Chief. 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 15th day of November 1983. R 5246 APPROVED: CaJim�� CITY ADMINISTRATI E OFFICER /Z.O- �� CITY ATIRNEY POLICE iIEF • �x Q, o c RESOLUTION NO. 5245 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1105 (WILLOWBROOK). LOCATED AT 3990 & 4025 POINSETTIA 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 1105 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 the Edna -Islay Specific Plan. 2. The design and improvements of the proposed subdivision are consistent with the general plan and Edna -Islay 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 wildlike 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. An environmental impact report has been certified for this project. SECTION 2. Conditions. That the approval of the tentative map for Tract 1105 be subject to the following conditions: 1. The final map for Tract 1105, Unit 1, shall not be recorded prior to recordation of the final map for Tract 929, Unit 3. 2. The final map for Tract 1105, Unit 2, shall not be recorded prior to recordation of the final map for Tract 929, Unit 4. 3. Construction of public streets and utilities serving Tract 1105, and construction of off -site drainage facilities, shall be coordinated with construction of improvements for Tract 929, to the approval of the city Engineer and Community Development Director. Improvements shall be constructed in accordance with the requirements of Tract 929 and Edna -Islay Specific Plan standards. R 5245 C Resolution No. 5245 (1983 Series) Tract 1105 Page 2 4. Subdivider shall grant an easement over the common lot areas, except under structures for underground public utilities serving the site, to the approval of the,City Engineer and affected utility companies. 5. Subdivider shall install separate water meters for each unit. Meters shall be clustered in the sidewalk at the Poinsettia Street frontage of each lot. 6. On -site sewer shall be private. 7. Subdivider shall install fire hydrants to city standards at the southeast corner of the intersection of Poinsettia Street and the driveway to Unit 1, and at the northwest corner of the intersection of Poinsettia Street and the driveway to Unit 2. 8. All utilities shall be installed underground in easements, to the approval of the City Engineer and affected utility companies. 9. On -site drainage systems shall be designed to the approval of the City Engineer and Chief Building Official. All site drainage shall be constructed to a suitable point of disposal, to the approval of the City Engineer. 10. Subdivider shall pay additional park -in -lieu fees beyond those required for Tract 929, based on the difference between R -1 and R -2 development, as calculated by the Community Development Director. Fees will be refunded by the city if and when all park land is dedicated to the city. 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 homeowners' association to enforce the CC&R's and provide for professional perpetual maintenance of all common areas including landscaping, private streets and driveways, private utilities, drainage facilities, lighting, walls, fences, etc., in first class condition; homeowners' association shall maintain common lot. B. Grant to the City of San Luis Obispo the right to maintain common area if the homeowners' association fails to perform and assess the homeowners' 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 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. Resolution No. 5245 (1983 Series) Tract 1105 Page 3 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. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association. Homeowners' association shall advise the City Clerk of any changes to officers' names and addresses. I. Incorporation by reference of all maintenance responsibilities for landscaping, noise walls and other off -site improvements required by conditions of Tract 929. 12. Subdivider shall install a 6 -foot high'.landscaped noise attenuation wall along the Tank Farm Road frontage of each unit.as required by the specific plan. Design of the�wall shall be the approval of the Community Development Director. 13. Subdivider shall install one street tree per 35 feet of-frontage of Poinsettia Street, to city standards and to the approval of the Public Works Department. Species shall -be to the approval of the Community Development Director. 14. All units shall be numbered in accordance with an addressing plan approved by the Community Development Director. 15. Final map shall note that all structures are required to have Class A fire restrictive roof construction. Class B roof construction is prohibited. 16. Subdivision improvements shall be consistent with standards in the Edna -Islay Specific Plan. 17. Payment of water acreage, sewer lift station, and park -in -lieu fees shall be coordinated with payment of fees for Tract 929, Unit 3 and Tract 929, Unit 4, to the approval of the City Engineer and Community Development Director. 18. Subdivider shall provide neighborhood delivery collection box units (NDCBU's). Location shall be to the approval of the local postmaster and the Community Development Director. 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 0 O Resolution No. 5245 (1983 Series) Tract 1105 Page 4 the foregoing resolution was passed and adopted this 1st day of November 1983. ATTEST: City Jerk Pamela V ge APPROV City Administrati e 0 ficer rector yallle y r /l Vio I C C 0 RESOLUTION NO. 5244 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT 1125 (MARK WREELER: 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 1125 as contained in Resolution No. 5137 (1983 Series). 1125. SECTION 2. Whereas all conditions have been met. SECTION 3. This Council hereby grants approval of the final map of Tract On motion of Councilwoman Dovey , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dovey, Griffin; Dunin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of November IQR4- APP Q City Administrative Offi er City At rney R 5244 'City neer (.,.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. 1 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 Tract 1125 Page 2 (1983 Series) W 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 (CCSR'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. Resolution No. 5137 (1983 Series) Tract 1125 Page 3 APPROVED Za- ye,�6� CE Administrat ve Officer Ci Atto Co unity Dev lopment Director i F //°, 1�on7 -EYv N 0 RESOLUTION NO. 5243 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, APPROVING THE FINAL MAP OF TRACT 929 (UNIT 1) (SANTA LUCIA HILLS, INC. - SUBDIVIDERS) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council made certain findings concerning Tract 929 as contained in Resolution No. 4963 (1982 Series). SECTION 2. Whereas a Faithful Performance bond in the amount of $700,000 is on file to guarantee installation of subdivision improvements and a Labor and Materials bond in the amount of $350,000.00 is on file; SECTION 3. Whereas a letter from Mid State Bank dated September 23, 1983, is on file guaranteeing payment of certain fees and deposits as prescribed in the Subdivision Agreement. SECTION 4. Whereas all other conditions required per Resolution No. 4963 (1982 Series) for Tract 929 (Unit 1) have either been met or bonded for. SECTION 5. This Council hereby grants conditional approval of the final map for Tract No. 929 (Unit 1) and authorizes the Mayor to execute the agreement subject to receipt of the required deposits and fees prescribed in the subdivision agreement and submittal of CC &R's to the satisfaction of the City Attorney. 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 1st , day of November , 1983. ATTEST. City Plerk Pamela g R 5243 u Resolution No. 5243 (1983 Series) 'T"'; �Q 4 S City Administrative OfficeA City At rney AS��-, e City : ngineer r� U i A G R E E M E N T THIS AGREEMENT, dated this 1st day of November, 1983 by and between Santa Lucia Hills Inc. herein referred to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the 1. "City II 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 a Luis Obispo, State of California, description of which is shown on final "Map of Tract No. 929, Phase 1, "Willow Grove" , City of San Luis Obispo, California, as approved by the City Council, on the 1st day of November 1983 WHEREAS, the Subdivider desires that said Tract No. 929. be accepted and approved as a final map pursuant to the Subdivision Regu- lations and Ordinances of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Subdivider agrees to install the street improvements and utility' lines and facilities as set forth on the plans therefore. NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision ordinances and regiila- 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, GUTTERS and SIDEWALKS 2. STREET BASE and SURFACING •z 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. v 4. DRAINAGE STRUCTURES s` 5. ORNAMENTAL METAL ELECTROLIERS+ 6, ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be: provided by him, and that the said utility is prepared to provide service to residents upon request. 7 7. ANY S ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said ?City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approval plans and specifications. The subdivider agrees that the work of installing the above improve- ments shall begin within thirty (30) days from the date of recordingof the final map, and that the work shall be completed within twelve (12) months of said recording date, unless an extension has been granted by the City Council, provided that if completion of said work is delayed by acts of God or strikes, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued nor occupancy granted after the ql 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. The Subdivider shall pay water acreage fees of $4,653.32 Trans. 8. The Subdivider shall be responsible for landscaping the retention basin, linear park, Tank Farm Road parkway, and creek enhancement in conjunction with Phase I according to the conditions of, approval, plans and Edna - Islay Specific Plan and shall be responsible for maintenan for one year after acceptance of work as complete, or until taken over by the Homeowners Association in the case of the retention basin, linear park, and creek enhancement. As to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retracement of section lines, the method followed shall be in accord with the instructions set forth in the "Manual of Instructions" for Survey of Public Lands of the (4.01 /AC k $1160 /AC). 2. The Subdivider shall pay grading permit fees of $275.00 (this fee is included in inspection fees and shall be added to and considered a normal subdivision inspection fee). , 3. Subdivider shall deposit $4,000.00 to assure monumentation °of the subdivision. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating they have completed the work and have been paid. ,i 4. The Subdivider shall .pay Rockview -Tank Farm lift station fees of $1,583.10 (3 x 4.01 /AC x $131.5479/AC). o 5. The subdivider shall pay a park -in -lieu fee of $16,704.90.° This will be refunded when the developer later dedicates a parkhhat is . accepted by the City as per Condition 33 of Resolution No.14963 (1982 Series). 6. h Subdivider shall pay to the City $10,430 for the cost difference to the City for a larger fire truck for the City to serve the4,Edna - Islay area per Condition No. 35 of Resolution No. 4963 (1982 Series). Pre - emptive devices for traffic signals at Orcutt Road andBroad Street and Tank Farm Road and Broad Street are deferred until Phase III or' IV as determined by the Fire Department., 7. The subdivider shall pay 50% of the cost of the traffic signal at Tank Farm Road and Highway 227 (Broad Street) and shall submit a deposit account to the City in the amount of ' 62,500.00 toward that cost which is based upon a preliminary estimate. When final costs are known, the difference is to be paid or refunded accordingly. The Signal will be designed and installed under a Cal Trans contract in conjunction with a cooperative agreement between the City and Cal Trans. The funds shall be surrendered to the City upon demand by City upon receipt of an invoice from Cal Trans. 8. The Subdivider shall be responsible for landscaping the retention basin, linear park, Tank Farm Road parkway, and creek enhancement in conjunction with Phase I according to the conditions of, approval, plans and Edna - Islay Specific Plan and shall be responsible for maintenan for one year after acceptance of work as complete, or until taken over by the Homeowners Association in the case of the retention basin, linear park, and creek enhancement. As to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retracement of section lines, the method followed shall be in accord with the instructions set forth in the "Manual of Instructions" for Survey of Public Lands of the ,1 United States, published by the Commissioner of General Land Office, Department of Interior, Wasington, D.C. The Subdivider hereby attaches hereto, and as an integral part hereof, and as security for the performance of this agreement, (I^ t-o-, bond) approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement, which said (iftseriment _E a*e44:t4bond) is in the amount of $700,000.00, and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Section 11612.1 (c) of the Business and Professions Code of the State of California, upon final completion and acceptance of the work, City will release all by 10% of:the improvement security, that amount being deemed sufficient to guarantee-,faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of . which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any' approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. r. If the Subdivider fails to complete the work within the prescribed time, then in that event, the Subdivider agrees that City may, at its option, declare the bond, instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forefeited and utilize the proceeds to complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and material bond in the amount of 50% of the above described subdivision improvements in accordance with State law. Said Subdivider shall deposit with the City the sum of $21,000.00 from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $21,000.00, the difference is to be paid by the City of San Luis Obispo. 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 Minicipal 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. * including $4,000.00 previously deposited on October 26, 1983. -3- i� 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 succesful bidder's contract unit prices and total bid prices for all of the improve- ments herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: 1st. day of November , 1983 Approved as to form li 1st day of I•'`..__ City ngineer -4- GL`�GCG Gam. ,� rK'- ��L RESOLUTION NO. 5242 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO.THE SUBDIVISION AGREEMENT FOR TRACT 781, LOCATED AT SOUTH STREET NEAR EXPOSITION DRIVE BE IT RESOLVED by the Council_ of the City of San Luis Obispo as follows: SECTION 1. This Council previously granted final approval of Tract 781 as contained in Resolution No. 4112 (1980 Series), a 13 -month time extension to complete subdivision improvements as per Resolution No. 4270 (1980 Series), and a 13 -month time extension per Resolution No. 4860 (1982 Series). SECTION 2. This Council hereby conditionally approves an additional time extension until July 1, 1984, to install the necessary subdivision improvements subject to approval by the City Attorney of the following: A. Certification by the bonding company that the period of the bonds guaranteeing the improvements are extended to be in compliance with this resolution. B. Subdivider must agree to a modification of the original agreement condition that provides that the City budget funds to install turf and irrigation system in the 1983 -84 fiscal year instead of the 1982 -83 fiscal year. C. Subdivider must agree to pay the City funds to install turf and irrigation system required per Agreement, Condition No. 2 in excess of $50,000.00. D. Subdivider shall agree to actively pursue the installation of the remainder of the improvements in accordance with the following schedule: 1) Channel grading rip -rap and hydroseeding shall be completed by- January-1,.19.84... 2) All utilities and underground work (except within bridge culvert) shall be installed by April 1, 1984. R 5242 Resolution No. 5242"(1983 Series) 3) The bridge.culvert and curbs, gutters, and sidewalks for Exposition Drive and South Street shall be under construction by April 1, 1984. 4) Final paving shall be underway by June 1, 1984. 5) All work including landscaping and cleanup shall be completed by July 1, 1984. Failure to maintain the above schedule shall be deemed as failure to comply with the subdivision agreement and foreclosure of the bonds will be pursued by the City. SECTION 3. This resolution shall in no event become effective if the above conditions (A, B & C, Section 2) are not met by December 1, 1983. Resolution No. 4860 (1982 Series) is rescinded upon effectiveness of this resolution. SECTION 4. The Mayor is hereby authorized to execute an addendum to= -the -- f 3 ni a= subdivision_agreement:.for Tracas7,81, as appended hereto as Exhibit 1. On motion of Councilwoman Dovey, seconded by Councilman Settle , and on the following roll call vote:. AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of November , 1983, and shall become effective upon the satisfaction of the conditions contained in Section 2 above, subjt'tt to the limitations set out in Section 3. W-1110 ATTEST: �,/ 2,,e w 1, /X/ (/ C, � � CITY �ERK PAMELA V ES . Resolution No. 5242 (1983 Series) APPROVED: f -- L,.1, sv Officer ty City ngineer M GC Exhibit 1 ADDENDUM TO SUBDIVISION AGREEMENT FOR TRACT NO. 781 Gann Investments, Subdivider of Tract No. 781, in consideration for City approval of an amendment of the Subdivision Agreement for Tract 781 extending the time of completion of the required improvements hereby agrees to the following: A. To provide certification from the bonding company, in a form satisfactory to the City Attorney, that the period of the bonds guaranteeing the improvements are extended to be in compliance with this resolution. B. That the City will budget funds to install turf and irrigation system in the 1983 -84 fiscal year instead of the 1982 -83 fiscal. year. C. To pay the City funds to install turf and irrigation system required per Agreement, Condition 2 in excess of $50,000.00. D. To actively pursue the installation of the remainder of the improvements in accordance with the following schedule: (1) That channel grading rip -rap and hydroseeding shall be completed by January 1, 1984. (2) That all utilities and underground work (except within bridge culvert) shall be installed by April 1, 1984. (3) That the bridge culvert and curbs, gutters, and sidewalks for Exposition Drive and South Street shall be under con - structicn by April 1, 1984. (4) That final paving shall be underway by June 1, 1984. (5) That all work including landscaping and cleanup shall be completed by July 1, 1984. Failure to maintain the above schedule shall be deemed as failure to comply with the subdivision agreement and foreclosure of the bonds will be pursued by the City. This amendment shall in no event become effective if Condition A is not met by December 1, 1983. ATTEST: R. Wayne Gann, Gann Investments 111j�� Kathleen K. Gann, Gann Investments Date: 0 /2 7 /1� 0 RESOLUTION NO. 5241 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AWARDING THE CONTRACT TO FURNISH TRANSIT COACHES TO BUS INDUSTRIES OF AMERICA, INC. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. To award the contract.to furnish transit coaches to Bus Industries of America, Inc. for Orion Coaches with 6V92TA engines in the amount of $406,187. SECTION 2. To authorize the Mayor to execute the required agreement. On motion of Councilwoman Dovey , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this '1st day of November , 1983. ATTEST: -2'�L City C eik Pamela Vo s is & is is is is APPROVED: P-'J' :S�' � , — City Administrative ffice I Works Director R 5241 /fo172e-r-O ki RESOLUTION NO. 5240 .(19 83 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:. Drainage Improvement Project - PROJECT: Flora Street Drainage Swale CITY PLAN NO. H -22H ESTIMATE:$24,000 BUDGET ACCOUNT:: 40- 5062 -710 H22H and! BIDDER: Burke Corporation BID AMOUNT:: Revenue Sharing Funds • . $25,273.00 SECTION 2. That the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman Settle seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 24th day of October R 5240 f ,nee�-�� �,_.oOLUTION NO. 5239 (1983 SERIES) A RESOLUTION OF OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO EXEMPTING MUSTANG II, A STUDENT HOUSING COMPLEX, FROM THE 18 -MONTH BUILDING PERMIT LIMITATION OF THE GROWTH MANAGEMENT REGULATIONS WHEREAS, the City Council adopted the Growth Management Regulations on January 4, 1983, and WHEREAS, that ordinance includes a provision to exempt student housing projects from the 18 -month building permit limitation, and WHEREAS, Mustang II, a 300 -unit student - housing complex has applied for and received building permits to begin construction, and WHEREAS, these 300 units in conjunction with units approved in the past 17 months, would exceed the 450 -unit limitation. WHEREAS, the City Council finds that: 1. It is not feasible or desirable to construct the project in phases because it consists of a single building or integrated group of buildings; and 2. Completion of the project would not significantly conflict with the long -term objectives of these regulations, considering recent and anticipated construction levels. NOW, THEREFORE, BE IT RESOLVED, the City Council exempts Mustang II from the 18 -month building permit limitation thereby removing 300 units from the 18 -month count of building permits. On motion of Councilman Dovey , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th day of October 2 1983. Resolution No. 5239 (1983 Series) Page 4 APPROVED: Admini ve Officer � `[mac_ -✓V City At to ney �--� —Aj� Community Development Director 0 p SOLUTION N0.5238(1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A TWELVE MONTH TIME EXTENSION FOR TRACT 998 (SIERRA ALTA) LOCATED AT 95 STENNER STREET WHEREAS, the subdivider requests a twelve -month time extension to receive approval of his final map in order to arrange financing; and WHEREAS, the Planning Commission found that a twelve month request for time extension is justified, and recommends approval; and WHEREAS, the City Council concurs with the Planning Commission findings. NOW, THEREFORE, the City Council resolves as follows: SECTION 1. That Tract 998 is granted a twelve -month time extension to September 1, 1984, subject to original tract map findings, variances and conditions as specified in City Council Resolution No. 4605 (1981 Series) attached hereto, change to condition 17, and the addition of a new condition (28) as follows: 17. Subdivider shall provide a total of 190 automobile parking spaces on -site, to city standards for the project 28. The final map shall show a total of 76 two - bedroom units, to the approval of the City Engineer and Community Development Director. On motion of Councilman Settle and on the following roll call vote: seconded by Councilman Griffin AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT:None the foregoing resolution was passed and adopted this 18th day of October 1983. R 5238 �J Resolution No.5238(1983 Series) Tract 998 Page 2 APPROVED: y City i rative Officer O RESOLUTION NO. 4605(1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 998 LOCATED AT 95 STENNER STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Tract 998 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan and specific plans. 2. The design and improvements of the proposed subdivision are consistent with the general plan and specific plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. The proposed subdivision is granted a mitigated negative declaration on environmental impact subject to mitigation measure to implement noise study submitted as part of environmental assessment. SECTION 2. Variance. The following variance to Subdivision Ordinance requirements is hereby approved, based upon the findings below: 1. Reduced Stenner Street cul -de -sac radius from 50 foot property radius and 40 foot curb radius to 46 feet and 40 feet respectively is allowed based on the following: R 4605 0-� Resolution No. 4605 (1981 ,Series) Tract 998 Page 2 1. The above variance is granted subject to conditions to assure that adjustments hereby authorized do not constitute a grant of. special privilege inconsistent with limitations upon other properties in the same vicinity, in that subdivider is to provide cul -de -sac turn around on an existing street where none is provided with design to provide curb -side parking. 2. There are special circumstances applicable to the subject property, including size, shape, location or surroundings for which the strict, literal application of the subdivision ordinance is found to deprive the subject and adjacent property of privileges enjoyed by other properties in the vicinity in that a standard_ cul -de -sac would create greater modifications to existing properties now served by the street. 3. In this particular case, the variance, rather than the sections at issue in the subdivision ordinance, carry out the spirit and intent of the subdivision ordinance in that suitable street width for parking and turn around is provided in minimum space with least effects to existing properties. SECTION 3. Conditions of Approval. That the approval of the tentative map for Tract 998 be subject to the following conditions: 1. Subdivider shall grant easement over the common lot area, except under structures, for underground public utilities serving the site to the approval of the City Engineer. 2. Looped waterline shown on the tentative map from Stenner Street through the site to Casa Street shall be an 8 -inch main and be a public main. Said water line shall be provided with easements to the approval of the City Engineer. A note shall be placed on the final map that property owner(s) shall assume responsibility of replacement of special pavement if removal of same is required for city maintenance or replacement of water line. 3. Subdivider shall install individual water meters for each unit. Water meters shall be clustered along the on -site public water main and along driveways to the satisfaction of the Public Services Department. 4. On -site sewer shall be private.. 5. Subdivider shall be responsible for complete reconstruction of existing improvements within Stenner Street including pavement, curb, gutter and sidewalks, existing driveway ramps and frontage planting of properties affected by construction of the proposed cul -de -sac. 6. Cul -de -sac at the end of Stenner Street shall have a 46 foot right- of-way radius and a 40 foot curb radius. Resolution No. 4605 (1981 Series.) Tract 998 Page 3 7. Subdivider shall grant to the city a maintenance and drainage easement for the creek along the northeast property line to the satisfaction of the City Engineer. 8. Subdivider shall clear the creek of debris and obstructive vegetation and improve the creek to accommodate storm waters for a 10 -year frequency storm. Cleaning and improvement of the creek shall be according to a creek improvement plan to be approved by the Community Development Director and Public Services Director. 9. Subdivider shall grant to the city an access easement across the driveway and parking area from Stenner Street to creek to the satisfaction of the City Engineer. 10. Subdivider shall install an approved fire alarm system with manual pull stations for buildings D and E to the satisfaction of the City Fire Marshal. 1.1. Subdivider shall install a building and unit directory board at the Stenner Street entrance to the project to the approval of the City Fire Marshal and Architectural Review Commission. 12. Subdivider shall install identifying letters or numbers on all buildings and /or units to be clearly visible to the approval of the City Fire Marshal and Architectural Review Commission. 13. Emergency driveway ramp at the end of Stenner Street shall be 12 feet wide. 14. All driveway aisles on site shall be a minimum of 24 feet wide except for entrance driveway aisle which shall be 30 feet wide and shall be free and clear at all times and shall be red curbed and posted with no parking signs, to the approval of the City Fire Marshal and City Engineer. 15. Emergency access lane on -site shall be constructed to support a fire truck, to the approval of the City Engineer. 16. Subdivider shall install on -site private fire hydrants to the approval of the City Fire Marshal and City Engineer. 17. Subdivider shall provide a total of 200 automobile parking spaces to city standards for the project. At least 180 of the spaces shall be on site. The remaining spaces shall be provided in perpetuity on another site and pedestrian access shall be provided to the approval of the Community Development Department staff. Resolution No. 4605 (1981 Series) Tract 998 Page 4 18. Subdivider shall number all units in the tract consistent with city approved addressing plan per attachment 1. 19. Conditions, covenants and restrictions (CCSR's) shall be approved by the City Attorney and Community Development Director prior to the final map approval. CC&R's shall contain the following provisions: A. Creation of a homeowner's association to enforce the CC&R's and provide for professional, perpetual maintenance of all common areas including driveways, parking, landscaping, private utilities, private sewer lines, walls and building exteriors and off -site emergency access easement. B. Grant to the City of San Luis Obispo the right to maintain all on -site improvements and emergency access easements if the homeowner's association fails to perform. The city may assess the homeowner's association for expenses incurred for said maintenance. C. No parking on the site except in approved, designated spaces. D. Grant to the City of San Luis Obispo, the right to tow away vehicles on a complaint basis, which are parked in unauthorized places. E. No outdoor storage except in areas approved for such by the Architectural Review Commission. F. No storage of boats, campers, motorhomes, and trailers, nor long -term storage of inoperable vehicles. G. No change in city required provisions of CC&R's without prior City Council approval. 20. Subdivider shall construct 8 foot high noise attenuation wall along. east property line as a mitigation measure of environmental impact determination to the approval of Community Development Director. The wall shall be located so as to include landscaping on both sides of the wall. 21. Subdivider shall soundproof the interior of the dwelling units to a 45 db level consistent with the General Plan Noise Element.. 22. Subdivider shall comply with all requirements of Architectural Review Commission, prior to city acceptance of the tract. 23. Trees along creek channel shall remain. There shall be no grading within the drop line of trees. I , � Resolution No. 4605 (1981 Series) Tract 998 Page 5 24. Subdivider shall provide solar heating as the principal source of heating for the swimming pool to the approval of the Architectural Review Commission. 25. Subdivider shall construct a bypass sewer from Casa and Murray Streets through Santa Rosa Park to Oak Street to the satisfaction of the Public Services Department. 26. Subdivider shall install a minimum of 20 bicycle and 20 motorcycle parking spaces on site to the approval of the Architectural Review Commiisssion. 27. Future development projects benefiting from the off -site sewer line project required by condition No. 25 shall be required to reimburse the subdivider pursuant to an agreement formula developed by the Public Services Department. On motion of cognr;lman SpttlP , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle and Dunin and Mayor Billig NOES: None ABSENT.: Councilwoman Dovey and One Vacancy the foregoing resolution was passed and adopted this 1st day of September , 1981. 4 ATTEST: A. - /W 5 City T erk Pamela V19 e's \ ul R_H \ rp or �1L`ywr� j SERET------- U— t OSM 9L �^7 n .i fir• �} 0 a� b a loo yr+^ 4 ITS: ` TR►cr 99'8 . W Ip . O a O.. T R -3 O O •,,r. 'SI .n w " c, a O O l .. T e .� n.N:T O p �E .° W, zrs z win W 0 O p �E W, 'Z n—aw wf q :cn W C- .ca O -O S; INS v O �o m �fo UNIT AfM1MCNrra WN* MuIW�T R� R R� 4� 60/7 /ir� /� y K n i`,OLUTION NO. 5237 (1983 Series)` A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF A TWELVE -MONTH TIME EXTENSION FOR TRACT 940 (RANCHO LOBO ESTATES) LOCATED AT 1541 ANDREWS STREET WHEREAS the subdivider requests a twelve -month time extension to obtain agreements necessary 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 940 is granted a twelve -month time extension to October 6, 1984, subject to original tract map variances and conditions as specified in City Council Resolution No. 4633 (1981 Series) attached hereto, and an amendment to Condition 6 as follows: 6. Subdivider shall prepare analysis of the existing off -site drainage facilities between tract boundary and San Luis Creek as required by the City Engineer prior to final map approval. Subdivider shall improve drainage way between tract boundary and Corralitos Avenue at E1 Centro Way to approval of the City Engineer and, shall be required to participate in other off -site drainage improvements on an equitable basis consistent with standards in effect% at that time. 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 18th day of October , 1983. ATTEST: City Flerk Pamela ge R 5237 G Resolution No.5237(1983 Series) Tract 940 Page 2 APPROVED: !e/ /. -,� City Adm trative,,Pfficer ty Development Director N RESOLUTION N0. 4633 (1981 Series) A RESOLUTIONT OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT NO. 940 LOCATED AT 1451 ANDREWS STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Tract No. 940 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan and specific plan. 2. The design and improvements of the proposed subdivision are consistent with the general plan and specific plans. 3. The site is physically suitable for the. type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. Potential significant adverse environmental impacts have been mitigated by the following measures included as part of the project: Riparian easement be granted to the city from the rear of existing structures to south tract boundary. Riparian easement is to protect vegetation along the creek in this location and will prohibit all development within the easement. Houses with wood roofs will be prohibited in the subdivision. There will be a buffer of fire resistive planting around the houses immediately adjacent to the open wild land areas on lots 3, 4, 5, 6 and 9 as approved by the Fire Marshal. Resolution No. 4633 (1981 Series) Tract 940 Page 2 Driveways within the subdivision servicing individual houses shall be constructed with. minimum grading. Foundations for houses within the subdivision shall be designed in accordance with recommendations in the soils report. The grading plan shall be designed in accordance -with recommendations in the soils report. SECTION 2. Variances. The following variances to Subdivision Ordinance requriements are hereby approved, based upon the findings below: Lot Size Lot 3 Frontage 20 feet where 80 feet is required (flag lot) Lot 4 Frontage 5 feet where 100 feet is required Lot 5 Area 14,790 sq. ft. where 15,000 sq. ft. is required. Width 99.5 feet where 100 feet is required Frontage 55 feet where 67 feet is required Lot 6 Width 94 feet where 100 feet Ls required Frontage 55 feet where 67 feet is required Lot 9 Area 43,340 sq. ft. where 2 acres is required Frontage 24 feet where 132 feet is required Depth 183 feet where 300 feet is required Lot 10 Frontage 24 feet where 46 feet is required. Variance Findings: 1. The above variances are granted subject to conditions to assure that adjustments hereby authorized-do not constitute a grant of special privilege inconsistent with limitations upon other properties in the same vicinity, in that an open space easement is secured for perpetuity beyond the subdivided portion of the site. 2. There are special circumstances applicable to the subject property, including shape, topography, location or surroundings for which the' strict, literal application of this ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity in that the site is very irregular in shape and contains varied slopes, drainage channels and valuable vegetation to be saved. 3. In this particular case, the variance, rather than the sections at issue in this ordinance, carry out the spirit and intent of this ordinance in that suitable development and open space is provided at the edge of urbanization in response to scenic hillside terrain. 11 Resolution No. 4633 (1981 Series) Tract 944 Page 3 SECTION 3. Conditions of Approval 46 That the approval of tentative, map for Tract 940 be subiect to the following conditions: 1. Subdivider shall provide public utility easement of 6 feet along ail street and common driveway frontages and additional easements as necessary to the satisfaction of the utility companies and City Engineer. Final map shall show all easements. 2. Subdivider shall extend water and sewer mains within the Andrews Street cul -de -sac to serve all the lots, to the satisfaction of the City Engineer. 3. Subdivider shall provide gravity flow sewer service for lot 10 and provide easement, if necessary, to the satisfaction of the City Engineer. Sewer pump shall not be allowed. 4. Subdivider shall replace 3" existing water main and connect same with existing 6" water main in Alisal Street for a looped water line system to the satisfaction of the City Engineer., 5. Subdivider shall grant to the city an access easement across the "not a part" lot for maintenance of the creek at the southerly edge of the tract, to the satisfaction of the Public Services Department. 6. Subdivider shall prepare analysis of the existing off -site drainage facilities between tract boundary and San Luis Creek as required by the City Engineer prior to final map approval. Subdivider shall improve drainage wav between tract.boundary and Corralitos Avenue at E1 Centro Way to approval of the City Engineer and, at the discretion of the City Council, may be required to participate in other off -site drainage improvements. 7. Subdivider shall clear debris and dead trees along the drainage channel at the southerly boundary of the tract to the satisfaction of the Public Services and Community Development Departments. 8. Final map shall note that all houses built within the tract shall have fire retardant roof systems as approved by the Fire Department and Architectural Review Commission. Wood roofs are prohibited. A buffer of fire resistive planting shall be provided between the open space easement hillside area and lots 3, 4, 5, 6, 9, 10 and the rear lot lines of developed properties along Corralitos Avenue (Lots 9 through 20 of Tract 43) to the approval of the Fire Department and Community Development Department. 9. Fire hydrants serving the tract shall provide a minimum 1,000 gallons per minute fire flow. 10. Final man shall note that all driveways in the tract.shall be constructed with minimum grading. 11. Final .grading plan shall be signed by registered soils engineer. 0 Resolution No. 4633 (1981 Series) Tract "940 Page 4 12. Oak trees.on proposed lot 6 shall be retained. Final map shall note that no cut or fill shall occur within the drip line of the trees. 13. Final map shall show a drainage and riparian easement on lots 1, 2 and 3 to the safisfaction of the Community Development Director. Riparian easement is to protect vegetation along the creek in this location and will prohibit all development within the easement. 14. Final map shall note that all lots in the tract are designated sensitive sites and all development shall be.approved by the Architectural Review Commission. 15. Perpetual open space easement shall be granted to the city for contiguous property held in common ownership shown on tentative map as not a part (95.9 acres both in and outside of the city) subject to the approval of the Community Development Director and City Attorney. The open space easement will be to maintain the area in a natural open space character. The easement shall run with the land and provide the following limitations on use or alterations of the area: a. No buildings will be placed or erected on said premises and no structures, except as permitted hereafter, without the approval of the City Council. b. Fending appropriate to open space preservation shall be approved by the Architectural Review Commission. Solid fencing shall not be allowed. C. No advertising of any kind or nature shall be located on or within said premises. d. Owner shall not plant, nor permit to be planted, any vegetation upon said open space area (maintenance of existing orchards excluded) except for erosion control, fire protection and soil stablization or as allowed and approved. by the Community Development Director. e. The general topography of the area including existing road shall be preserved in its natural or existing condition. No grading shall be allowed except as permitted by the Community Development Director for agricultural purposes. f. No extraction of natural resources except for water. g. No removal of natural vegetation except for fire protection or elimination of diseased growth, as approved by the Community Development Director. 16. The drainage structure along lot 9, and the grading to the rear of Lot 7, will be redesigned to save as many existing trees as possible. Upon council approval of such revised plans, selective existing trees along creek channel at the end of Conejo Avenue may be removed. Landscape planting to the approval of the Community Development and Public Services Department staffs for improved portion of creek channel shall be installed with temporary irrigation system or two year survival guarantee by the subdivider. 17. Subdivider shall number all lots in the tract consistent with addressing , C� • &e.solution No. 4633 (1981 Series) Tract 940 Page 5 18 19. 20 21 22 23 as a and driveway and agreement Common drivewSYconsi .stentconstructed f citv parking re4uirementssubdivision mnt. Easements standards shall ben recorded for lots San or4 to the satisfaction of the City Engineer and Commu Alta Subdivider shall dedicate to the city vehicular access rights along Street frontage of the tract. Subdivider shall install such on and off-site traffic con r of /safety signs and on -site street lights as required by the City Final map shall contain a note that if during construction of trace improvements (e.g. streets, utility lines, etc.) any evidence of archaeological resources are found, all work shall stop and co archaeologist or other appropriately trained professional approved by the Community Development Director osh ll be callysisnshallube theasubdividerdsnce found in the area. All c responsibility. Final map shall contain a note that houses shall. be sited on lots to take advantage of passive solar opportunities. Final map shall contain a note that development of all lots in this tract are subject to conditions U0914. dions of use pe shall occur above the 360 24. Final map shall contain a note that no development C t elevation contour (water service limit)- 00 25. Sidewalks along Andrews Street eictended and Conejo Avenue cul -de -sac tract are hereby waived. frontage of the. tract shall be located within the building envelopes 26. Buildings within the shown on Attachment 2. On motion of Councilman Griffin , seconded by Councilman Dunin , and of the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT.: None .,Resolution No. 4633 (1981 Series) Tract 946 Page 6 the foregoing resolution was gassed and adopted this 6th day of October 1981. ayor melanie �. ATTEST: -My 'Clerk Pamela Vo es APPROVED: strative utvicer City Attorney Community Development i7brector a` Q L' /rMG'y doss c c RESOLUTION NO. 5236 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO COMFIRMING COSTS OF SIDEWALKS CONSTRUCTED (REPAIRING) UNDER THE 1911 ACT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth hereafter. SECTION 2. That the hereinafter listed construction (repair) costs shall be paid within thirty -one (31) days after the date hereof and any such costs remaining unpaid thereafter shall be turned over to the City Tax Collector to be placed as a lien against the property and collected with the City taxes, and subject to the same penalties and costs if not paid on the first installment. The property owners, addresses and construction costs are shown on Exhibit "A". On motion of Councilwoman Dovey seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of Oct -Ober- 1983. AST: R 5236 C Resolution No. 5236 (1983 Series) APPROVED: Je City AdiftAijperatiVe Officer z. T Finance Director City gineer C Update as of Octobe,(7�, 1983 0 EXHIBIT "A" Owner Location Amount E. C. and T. M. Petrick 1406 Chorro $ 111.16 Victoria Wood 972 Church 432.30 K. M. Kardel 1727 -29 Morro 242.93 E. D. and M. F. Arnett 1036 Pismo 56.32 G. and R. Gunther 671 Toro 1,189.98 R. A. Carsel 1118 Palm 555.75 J. A. Curtright 1133 Palm 413.14 L. E. and C. Keller 637 Toro 146.00 D. E. and L. Miller 638 Toro 827.30 H. F. Adams 655 Toro 218.88 Patricia L. Bedwell 858 Toro 1,573.40 E. C. and T. M. Petrick 850 Buchon 65.00 Motel 6 of California 1433 Calle Joaquin 575.00 Hathaway Investitures 1219 Monterey 1,844.56 A. F. and M. E. Silveira 1150 Peach 56.00 John W. Taylor 1.154 Peach 648.54 J. E. Magnia 1156 Peach 448.80 �ory�er -o A O 0 RESOLUTION NO. 5235 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The attached Traffic Work Orders for the period of July 1, 1983 through September 30, 1983 are hereby approved. On motion of Councilman Settle seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of October , 1983. ATTEST: City Clei Pamela V es APPROVED: City A nist ative ficer City At rney C ty Engineer R 5235 Illu^I�IIII�IIIII�I�I II � • MEETING DATE: IIII II�IIIIII City of san 'L..IS oBlsPo _October 18, 1983 ITEM NUMBE WMGe COUNCIL AGENDA REPORT F/f_ FROM: Wayne A. Peter Prepared By: Ruby Watanabe City Engineer Engineering Secretary SUBJECT: Traffic Work Orders for Period of July 1, 1983 Through September 30, 1983 CAD RECOMMENDATION: Pass Resolution Approving Traffic Work Orders for Period of July 1, 1983 through September 30, 1983 BACKGROUND: The City Engineer has, over the past three (3) months, issued work orders for the installation of signs, curb markings and pavement markings. These minor changes have been implemented in an effort to increase the safety and operation of the city street system. It has been the Council's policy in the past to accept this report on a quarterly basis. This report attempts to satisfy this past policy. FISCAL IMPACT Minor implementation costs associated with street maintenance. RECOMMENDATION Pass the resolution approving Traffic Work Orders for the period of July 1, 1983 through September 30, 1983. Attachments - Completed Traffic Work Orders ('Available in Council Office for inspection) (July 1, 1983 through September 30, 1983) WAP:rw cc: David F. Romero (without attachments) C4-1 —1 TRAFFIC ORDER FORM t V. DATE TAKEN TO PUBLIC SERVICES: !--m26-83 COMPLETED: -� LOCATION: Highway 1, 300 feet + north: of Highland Drive y_ REQUESTED BY: Allan G. Tilton, Engineering Assistant DESCRIPTION: Install "TRUCKS OVER 5 TONS MUST USE TRUCK ROUTES" sign on existing post under "SPEED CHECK BY RADAR" sign. CONCUR: Wayne A. Peterson City Engineer �U .c!j— T /jay Mco � iliv y /9h ws� 1 _7 1�� 300 Jigs 7,,Cvcks 0Ile vs/� T.2vc,E e011Tcr '' UA,; G Eys r! iYs 9 SaM.G ,2 u �(q4i aka. o �ii TV 617-y0'1'1 o,f 6�ns Allan G. Tilton Engineering Assistant M/ 7/82 N, C STUN ORDERED 4--19 TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 3 -28 -83 W. 0. No. 18 b COMPLETED: LOCATION: Calle Joaquin at Los Osos Valley Road REQUESTED BY: A. Tilton / SLO Fire Dept. DESCRIPTION: Install additional W -53 "Not`a Through Street ", sign with special "No Turnaround for Large Trucks" sign as shown below. CONCUR. Allan G. Tilton Engineering Assistant Wayne A. Peterson City Engimeer rJ `La. Alp 1ys1'� // yG.v S /gnl dv�fif Exss7s:,,� w. -53 _- wo W. 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No. Phone —Written By Line.I R�• I No. paor Re I DESCRIPTION OF DAMAGE , I place PARTS.I LABOR I PAINT I o■■ ■ ■ ■ ■ ■ ■ ■■ °aii�' _` ■■■ ■■■■■ ©■■ _OWN1,MESI j ■■■ E■■ r 3 �2"REIMMM■ ■■ umm m ■■ ,�- r,■■■■■■■■ mmm .. ■w■■■■■■■ ®EMir. , ,. ���►.� ,.�. m<■rr�M =■■■ mm■ ■ ■■■ ■■�■■■ 'm■■ ■■ ■■ ■■ ■■■ m■■ �■■ ® ■■ ■ ■■■■ m■■ ■� ■r.■■ ■ ■ ■ ■e■■ m■■ 139MME■■■■M■ m■■ ■�r��■■■■■■■■ m■■ ■UMI MME■■■■■■ m■■ _ �� ■■■ ■■■ ■■ m■■ ■r�a■■■■■� -■ ■ ■■ m■■ ■ ■■■ ■ ■ ■■ Emm- Authorization for Repair subject PARTS Prices . LABOR -' NATIONAL 1 PAINTING Paint Supplies $ 426 Higuera Street Towing/Storage $ Sublet/ Miscellaneous San Luis Obispo, California 93401 Phone :1 543-0966 ESTIMATE REPORT TOTAL S CHANGES (See Back O NEW TOTAL Gy This damage report is hised on our inspection and does not cover any additional parts or labor which may be required after thA irk is opened up. Occasionally after t. vork has started, worn or damaged parts are discovered which` are not evident on first inspection. ProcJurement and delivery charges may be added for special service on items not available locally. Damage Report Deposit (Date ) to be applied to total cost . . . . . . . . S Photos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S Car Rental (S per day since ) . . . . . . . . . . . . . . . . S Temporary Repair (Date Area Performed ) . $ The following items were included in this Damage Report but were denied by Insurance Company Representative. Total Change to Damage Report $ POWER OF ATTORNEY Date KNOW ALL MEN BY THESE PRESENTS: That the undersigned does hereby constitute and appoint This Amount to Front -- *) my (or our) true and lawful attorney to sign nacre, place and stead of the undersigned on any Insurance Checks or Drafts issued by (Insurance Company) covering any repairs to my (or our) automobile authorized by myself (or ourselves) in whatever manner is necessary to place check or draft in a cashable position. I (or We) hereby ratify and confirm whatever action said Attorney shall or may take by virtue hereof in the premises. Witness Assured Witness I Assured REMARKS TRAFFIC ORDER FORM W. 0, No: :46: DATE TAKEN TO PUBLIC SERVICES: COMPLETED: LOCATION: Orcutt Road 5•v' REQUESTED BY: J. Wallo /A. Tilton y DESCRIPTION: Relocate existing truck route sign from just west of Johnson Avenue to just west of Laurel Lane. CONCUR.< City Engineer Director, Public. Works t r 0 0 TRAFFIC ORDER FORM W. 0. No.` 47 / DATE TAKEN TO PUBLIC SERVICES: 8/5/83 COMPLETED: b LOCATION: Monterey St. at 1885 REQUESTED BY: D. Graieri /A. Tilton DESCRIPTION: Install loading zone as shown on the attached photo. !?e (oca.fe 2aok fb 1865 ry►o.�fer -ey CONCUR: i Allan G. Tilton 5----Jjhn W. Hawle Engineering Assistant ervising'Civi n ineer Wayne A. Peterson David F. Romero City Engineer Director, Public Works a ,A 5/83 . J, • r c CITY OF SAN LUIS OBISPO TRAFFIC INVESTIGATION WORK SHEET o �3 O Date: � %J ,� � n /IG Location: /� /D� en `� (Stree Description of Request: Ty' d Zn .IDi^d -7i cb By: ie-m� Address: /e'd 4-4en.7�!V Phone -Home: < Phone -Work: 6-14A 4r'zsV How Received: PhonCaatte5f Internal Respond By On Investigated by: On: %z51�k7 ADT: Date of Count: Radar: Date of Study _ Collision History Rt. Angle Head -On Rear -End Side Swipe Findings Q. 3O .. .' &e=r fi4G lJri� J�ec ✓.3q,c�G 'i?J r' �'+�!'T Recommendations: ,•; fi F� M&A4Z a' Co o 4w" 2NP-- Our lose ! zalecx J Action Taken: / J n Y7 AGT/4/27/82 V.J Flo 44 C) Ark Two 1885 Monterey Street San Luis Obispo California 93401 June 28, 1983 City of San Luis Obispo Post Office Box 321 San Luis Obispo, CA 93406 Attention: Al Tilton Dear A1: This is a written request to the City of San Luis Obispo to provide a commercial loading and unloading zone "in front of Ark Two at 1885 Monterey Street. Please advise as to what further procedures are needed. Very truly yours, Dick Granieri C TRAFFIC ORDER FORM W, 0. No:` 48 „ DATE TAKEN TO PUBLIC SERVICES: COMPLETED: " 2.1 — U LOCATION: Sydney east of Johnson Avenue REQUESTED BY: D. Romero /A. Tilton DESCRIPTION: Paint curb red on the southerly side of Sydney from the curb return to the first driveway (30 ft.) CONCUR: i N ( V an G. Tilton Jolin Hawley Engineering Assistant /Supervising Ci ayne A. Peterson David F. Romero City Engineer Director, Public Works _ o — TT . � � - _ � � • � L.-�i —mom _ ..*^ -, rQ a i +dpi» 5/83 5/83 TRAFFIC- ORDER FORM W. 0. No. :49: DATE TAKEN TO PUBLIC SERVICES: 7-21-83 COMPLETED: LOCATION: Madonna & Calle Joaquin REQUESTED BY: Allan G. Tilton DESCRIPTION: Remove stop legend on Calle Joaquin and paint sd�4ewalk on Madonna as shown on the attached sheet. Work to be performed on Tuesday, July 19th. Engineering Assistant Wayne A * Peterson David F. Romero City Engineer Director, Public Works 0 LW al k, oEl/ q ' e art oap R-34 SIGN 1) - A SIGN 6ss 01 P-v qjk 12 r. 10 33'- ,7 - 7JA) II 40 I I -�1mmmmmmmm1mmjmm1j1mjjjjjjL.. F • Im ?I JIc3 <T, Q) 0 O Of 4 7' J. TRAFFIC ORDER FORM W. 0. No: 51 DATE TAKEN TO PUBLIC SERVICES: COMPLETED: /. 1qY5 LOCATION: Madonna Road @ Calle Joaquin �Cj„v e0i REQUESTED BY: D. Romero /M5 Gingg DESCRIPTION: Replace R -73 with R -73U on the signal mast arpe as shown. ark M 4rjovvQ City Engineer i ■7i(V) i !70 OM LEFT anLEFT. Al6w �Re"Ove ✓�qN► Director, Public Works V L Q d 1/W I e,J IAvsiRc.L - < n- Lv- yl l 1 _ C _ TRAFFIC ORDER FORM W. 0. No.` 53 DATE TAKEN TO PUBLIC SERVICES: COMPLETED:T��� f LOCATION: Foothill Blvd. - 1000 ft + west of Patricia Drive REQUESTED BY: A. Tilton DESCRIPTION: Install W -41 (signal ahead) as shown on the attached aerial photo. 1. l IF i� X-5 t 5/83 City Engineer 4 i � 6 • �y i c- Director, Public Works r� � 1 .z J 6 1 ILI u TRAFFIC ORDER FORM W. 0. No. " '54. }} g DATE TAKEN TO PUBLIC SERVICES: 8/3/83 COMPLETED: �. /� 0 3 LOCATION: Foothill Blvd at Patricia Drive f REQUESTED BY: A. Tilton DESCRIPTION: Paint stop bars and crosswalk as shown on attached plan. Work.to be performed on day of signal turn on. Contact Engineering office for exact date. CONCUR: _ n G. Tilton Engineering Assistant 7 � - Wayne A. Peterson City Engineer 5/83 Director, Public Works Ur . :2AR-101t, ', Ar Ki arm . :2AR-101t, ', Ar �Pt arm . :2AR-101t, ', a a dw 1. a a dw TRAFFIC ORDER FORM W. 0. No. • DATE TAKEN TO PUBLIC SERVICES: COMPLETED:lP� LOCATION: Broad Street south of Monterey REQUESTED BY: Wayne A. Peterson DESCRIPTION: Install 2 -hour parking meter and space on the west side of Broad south of Moneterey. See sketch. V4 CONCUR: L/ Allan G. Tilton 4hn Hawley Engineering Assistant sing Civil er L] 5/83 ayne A. Peterson David F. Romero City Engineer Director, Public Works ti e� i d -s- W ✓J T —� I% TRAFFIC ORDER FORM W. 0. No. 57 DATE TAKEN TO PUBLIC SERVICES: COMPLETED: Z4. 3 LOCATION: Higuera Street - 210' south of Carmel Street REQUESTED BY: National Auto Painting TV&-eg (0O DESCRIPTION: Paint tiro spaces (4rOA) 30 minute green as shown below. RdMO '/c 20` 0•� Sx 1yi'tw4 Q•oA - CONCUR, <. Allan G. Tilton Jo W. Hawley' Engineering Assistant S pervising Civil ng eer Mayne A. Peterson David F. Romero City Engineer Director, Public Works 'ARA•� �4 L ; -' X tin TF.a ♦ ^ -T '�� s L � ' 5/83 ra� V r CITY OF SAN LUIS OBISPO TRAFFIC INVESTIGATION ' O WORK SHEET O Date: Location: AtAetveen (Street) .,s4 q i»CI Description of Request: 30 Grem.rsi Czf �17r�Lero. BY: /I�iQTJOn eG Av / 0 .�71 2 _ Phone-Rome: Address: e ter. Phone -Work: How Received: ho Lett /Internal Respond By On Investigated by: % Xe)n, On: ADT: Date of Count: Radar: Date of Study Collision History Rt. Angle Head -On Rear -End Side Swipe CFindings Ale, 4a2zzp—ry- e4j- i Z: ,�C¢�r 7/ie,r.c tibw Recommendations: Action Taken: �� #S 7 r /i r,� Comments: AGT/4/27/82 i TRAFFIC ORDER FORM W, 0. No.` 58' DATE TAKEN TO PUBLIC SERVICES: 8- /17/83: '-COMPLETED: '7 LOCATION: Johnson Ave. south of Pacific Street REQUESTED BY: Ron Godfrey DESCRIPTION: Paint curb red between driveways infront.of Telegram - Tribune office from 85' south of Pacific to 160 south of Pacific (75't) CONCUR �, Ti \ Allan G. lton ohn W. Hawley Engineering Assistant upervising Ci Wayne A. Peterson City Engineer David F. Romero Director, Public Works 5/83 CON Engineering Assistant City Engineer H. syfl�� David F. Romero Director, Public Works 5/83 TRAFFIC ORDER FORM W. 0.. jNo -1'r DATE TAKEN TO PUBLIC SERVICES: 8/17/83 COMPLETED LOCATION: Marsh - Chorro Parking Lot 412 REQUESTED BY: Allan Tilton DESCRIPTION: Remove parking meter and install handicapped parking space as shown on a4.taQ1wb4, sheet. TH t S. CON Engineering Assistant City Engineer H. syfl�� David F. Romero Director, Public Works 5/83 5/83 TRAFFIC ORDER FORM W. O. No: 60 DATE TAKEN TO PUBLIC SERVICES: 8/17/83 COMPLETED: LOCATION: Hill Street south of Mountain View REQUESTED BY: KSBY - TV DESCRIPTION: Paint yellow loading zone on westerly side of Hill Street.. See sketch below. yp` Lo�vo, �xla.hd;R' 1Voc- }ho�1�,o,�` pr��Cway� o� Mari G. Tiltore' Engineering Assistant Wayne A. Peterson City Engineer Hl \� W. Civil �v David F. Romero Director, Public Works �-{O VCS -acv. Lowc��n� v r- -, A T i �y zi I —5/83 I TRAFFIC ORDER FORM W. 0. No., 62 DATE TAKEN TO PUBLIC SERVICES: 8/17/83 COMPLETED: LOCATION: Osos Street at Peach Street REQUESTED BY: A. Tilton DESCRIPTION: Paint curbs red 15' from curb returns on the easterly side of Osos. See sketch below. Allan G. Tilton Engineering Assistant Wayne A. Peterson City Engineer David F. Romero Director, Public Works PEACH STREET TRAFFIC ORDER FORM W. 0. No:...63 DATE TAKEN TO PUBLIC SERVICES: 8/17/83 COMPLETED: LOCATION: Laurel Lane north of Orcutt Road REQUESTED BY: N. Knofler DESCRIPTION: Re4eee4ee bus stop and sign e&-g*eti-be Read `vem Laurel Lane. Remove red curb on Laurel Lane. �iP A^ -24 W, 0. -11� 67 141� AU-e a 4ec-4-,o'..v CON an G. Ti ton John W. Hawley Engineering Assistant Supervising Ci Engineer Wayne A. Peterson David F. R.:mero - — City Engineer Director, Public Works 5/83 a. TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 8/17/83 LOCATION: Laurel Lane and Southwood W. 0. No'. 64 Al COMPLETED: G,f- REQUESTED BY: Nancy Knofler DESCRIPTION: Relocate bus stop from Laurel Lane to Southwood. Paint curb red on Southwood on the northerly side 45' back from curb return. Need6 en1c Red curb on Laurel to remain. CON Allan G. Tilton Jo n W. Hawley Engineering Assistant pervising Civil gineer Wayne A. Peterson City Engineer 5/83 All , NO David F. Romero Director., Public Works &5 s +a? s i $h P. Po$t Ws 9." curlb _ ±,wooR A J TRAFFIC ORDER FORM W. 0, No: 65 DATE TAKEN TO PUBLIC SERVICES: 8/17/83 COMPLETED: LOCATION: Foothill Boulevard east of Patricia REQUESTED BY: Nancy Knofler DESCRIPTION: Remove bus stop sign and bench. Red curb to remain. [film _~ 5/83 tu.Lan u. ritLon Engineering Assistant Wayne A. Peterson City Engineer David F. Romero Director, Public Works TRAFFIC ORDER FORM W. 0. No. "66 :: DATE TAKEN TO PUBLIC SERVICES: 8/17/83 COMPLETED:. g- 31- g3�I�C/ LOCATION: North Chorro Street north of Foothill REQUESTED BY: Nancy Knofler DESCRIPTION: Remove bus stop sign and bench. Red curb to remain. CON CURC - -�:% I U'4 Allan G. Tilton o n W. Hawle Engineering Assistant S pervising Civil Wayne A. Peterson Daviu' F. Romero City Engineer Director, Public Works 5/83 - CONCUR: / Allan G. Tilton oh W. Hawl y leer Engineering Assistant Su ervising Civil E TRAFFIC ORDER FORM W. 0, No.`67:::: Director, Public Works DATE TAKEN TO PUBLIC SERVICES: 8 COMPLETED: n /17/83. _ LOCATION: Orcutt Road east of Laurel REQUESTED BY: N. Knofler DESCRIPTION: Install bus stop sign and bench east of first driveway Oceanaire Mobile Home Park. - CONCUR: / Allan G. Tilton oh W. Hawl y leer Engineering Assistant Su ervising Civil E Wayne A. Peterson David F. Romero City Engineer Director, Public Works r a s r .a __ „�_ -.•. _ -_ 5/83 . r ��.er✓ ". u'� T 'SY',':iCr�i.t°, f,.s�. %w +f�;:�• .::i "�,.., �!'s"r- ^, 1 " f T �W AJ -7r- /1 'OaCO I VAoq r /`-'We .� TRAFFIC ORDER FORM W. 0. No. 68 DATE TAKEN TO PUBLIC SERVICES: 8/17/83 COMPLETED: Sept 7 /9 83 4306 LOCATION: Foothill Boulevard east of Chorro Street REQUESTED BY: Nancy Knofler ,'iyw DESCRIPTION: Install bus stopaand bench on the south side of Foothill east of.Chorro. See sketch below. CON Allan 'Gr ttiton Engineering Assistant 4 Wayne A. Peterson City Engineer L J David F. Romero Directcr, Public Works . 5/83 n `J TRAFFIC ORDER FORM . 0. No: :.69: DATE TAKEN TO PUBLIC SERVICES:8 /17/83 COMPLETED: p,57 --4 oK LOCATION: Foothill Boulevard west of Broad /" J"�� C7GV REQUESTED BY: N. Knofler DESCRIPTION: Remove bus stop sign and bench. CON e Allan G. Tilton n Hawley Engineering Assistant Supe sing Civil Wayne A. Peterson David F. Romero City Engineer Director, Public Works FERRIN/ ROAD 5/83 TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 8/11/83 LOCATION: Monterey and Grand REQUESTED BY: A. Tilton /D. F. Romero W. 0. No. 71 COMPLETED: DESCRIPTION: Replace green arrow with green.ball on the northwest corner, head. facing Monday Club. CONCUR Allan G: Tilton. ohn W. Hawley Engineering "distant upervising Civil Wayne A. Peterson City Engineer (3e"`O 5.� E o.I %)/// 5/83 David F. Romero Director, Public Works 1` /QeP /ame Lf 6i�-» a vr'� tcN �c 7 s`o ry) o YT�xv-cz S O —I CITY OF SAN LUIS OBISPO TRAFFIC INVESTIGATION WORK SHEET Date: Location: i+v74±!S dor atLbetirees (Stree ) Description of Request: `„ergot 7140 00-.2 C?i^rVDW✓ i By: Z2 eV' Phone -Home: Address: Phone -Work: lJ1' How Received: Phone /Lette terra Respond By on Investigated by: ADT: Date of Count: Collision History Rt. Angle Findings Recommendations: Action Taken: Comments: AGT/4/27/82 �. 1 I o Radar: Date of Study _ Head -On Rear -End Side Swipe TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES:8 /17/83 LOCATION: Ramona Drive REQUESTED BY: A. Tilton /N. Knofler W. 0. No. 77 COMPLETED: sa4gj `V ) 7 0 J DESCRIPTION: PAint existing white pass,. loading zone red. See sketch below. CON Allan G. Til on n W. Hawl y Engineering Assistant S pervising Civil LIZ W yn� a A. Peterson David F. Romero City Engineer Director, Public Works PALOMAR AVENUE 5/83 A, 4 5/83 TRAFFIC ORDER FORM 77 DATE TAKEN TO PUBLIC SERVICES: COMPLETED: LOCATION.' Moto REQUESTED BY: DESCRIPTION: 7-0 .5AAA0,v!,e cW0A17XjZ7. �19;*WZ 7,-66S 1477-71-10E, 40v-op 164104p IA/� 400 CONCUR: '4JOtie I Allan G. Tifton' '-_'n W. Hawley I Engineerifig Assi s t uperivising Cij� En rnee•,' ayn� A. Peterson David F. Romero Pity Engineer Director, Public Works 7,:-7,1e7-1x" rf 7- Ille dz Axlwy 1eX15 vy -7 h CITIZEN.REQUEST /COMPLAINT 8/17/83 2 :00 p.m. mkh Citizen Name: Bib Nesi '(of Neal- Truesdale Insurance &.owner of Sandy's Liquor's) Sandy's Liquors Address: 586 Hieuera Street Phone: Work Phone: 543 -7430 Mr. Neal contacted the �iayo± regarding his liquor store. In July 1982, the City required ;.* Nature,af Bequest /Complaintf him to'install curb. putter & sidewalk, and took 20 feet from his 4atrancdway. T# compensation (this was his loading area), they atreed to paint the curb as a loading zone. This has not yet been done and is causing- iiim real dif cud y, when the -curb is used as a parking area, preventing his piovi�ders from d&l exins What is the hold up? All iit" needs is a little paint. As t _, oh`.actiona If aintin done, Mr. Neal does not need response. '] ee nRtyy . painting " Cit�*�:Adm:[.iiYstratoz's Comments;: - • Referred tp 3 n "P _ te tie: ztil o r Haspousa ttn `kiti aW r d 5/83 r i TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: LOCATION• Santa Barbara @ High Street REQUESTED BY: N. Rnofler W. 0. No. 78 COMPLETED: DESCRIPTION: Extend red curb 25 -feet on the easterly side of Santa Barbara. 40 -feet total. Red for bus stop. See sketch below. CONCUR • _ Uj Allan G. Tilton ohn W. Hawley Engineering Assistant Supervising Civil Wa yn a A. Peterson David F. Romero City Engineer Director, Public Works "`O9%^ Li l� zz ,FA4efuot &,4 ZS `i --� a i4 4 t &.s Stop TRAFFIC ORDER FORM W. 0. No. 78 DATE TAKEN TO PUBLIC SERVICES: 8/17/83 COMPLETED: '/ -/- LOCATION: Santa Rosa St. north of Murray REQUESTED BY: N. Knofler DESCRIPTION: Extend red curb 30' Relocate Bus Stop sign and bench north 30' CON an G. Tilton Jo n W. Hawley Engineering Assistant S ervising Civil Wayne A. Peterson City Engineer David F. Romero; Director, Public Works 5/83 vJ 5/83 l., TRAFFIC ORDER FORM W. 0. No. 79 DATE TAKEN TO PUBLIC SERVICES: COMPLETED: LOCATION: Stenner Glenn - Student Apartments REQUESTED BY: N. Knofler DESCRIPTION: Remove bus stop sign. CONCUR See sketch below. City Engineer Director, Public Works pp J(k^ti01/2. TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: LOCATION: Chorro.Street North of Hguera AZ W. 0. No. 80 COMPLETED: 3 0'-3 i REQUESTED BY: A. Tilton DESCRIPTION: Remove meter head and install temporary no parking sign on existing post. wirrial� asAe.�. Coas�.we�ie� .i Co,�e%.,� See sketch below. CONCUR Allan G. Tilton Engineering Assistant W. Hawley" I vising Civil L Wayne A. Peterson David F. Romero City Engineer Director, Public Works W o X TEMp. wA1.1�wu� GHo21�o St. jS-mS*- o a !i\ Rwl,�t1.) vwOSli� O t j � Z1�Pa�r S • a C�i�M odw�t orr -Ai l�*"�Too 4+ 5/83 2ec r-- I -r "Nr C3 F= c-3 IA f%J L- U I E3 C) 1B I E3 F=- C3 n E: F=:"i� FR -T M 9= 1',l -r C3 F= F=U IEC I II: W C3 F;: Fr< E3 -r@ Z f-4 F= F= I C: W C3 F: K C3 FR n E= F< DATE TAKEN TO PUBLIC SERVICES SE? 2 0 1983 LOCATION FUNSTON AT MEPDON RED. BY ALLAN G. TILTON COMPLETED w . c:h - 4t _8z _- DISCRIPTION REMOVE R-39 YIELD SIGN AND INSTALL R-1 STOP AND PAVEMENT MARKINGS AS SHOWN IN TH& SKETCH BELON CONCUR: ALLAN G. TILTON ENGINEERING ASS'T/TRAFFIC ��E -A---- .PETER---------- SON CITY ENGINEER OI Qs CwO 'TH %-k - �wl Im SUP ERViS'I'N C VIL ENGINEER ---=---- - - - - -- DAVID F. ROMERO DIR. PUBLIC WORKS %q%F-LX> 4' c4" \V\ V-% STOP "51'by% $ C-1 I -IF ",r C3 F= E; 1p% m u x E3 c3F3 I E3�a n F=F=m tCb F-C -r M E: � -F C3 F= F="U 1B I I (-- W C3 F: �< E3 DATE TAKEN TO PUBLIC SERVICES SE? 2 0 1983 LOCATION CAUDILL AT MEADOW RED. BY ALLAN S. TILTON COMPLETED w_ c:p - :0* c93 I DISCRIPTION REMOVE R-39 YIELD SIGN AND INSTALL R-1 STOP AND PAVEMENT MARKINGS AS SHOWN IN THE SKETCH BELOW CONCUR LAN G. TILTON ENGINEP4-ING ASS'T/TRAFFIC ------------------ WAYNE A. PETERSON CITY ENGINEER JHN W, HAWLEY SUPERVISING CIVJLENGINEER I L-� ------------------ DAVID F. ROMERO DIR. PUBLIC WORKS , V41zmu- 2 -1 Stoe nF=F-0m�F�-rMr=:"-T C3F= F=UE-cl I (-- WC3F:;:KE3 -r F< ich 9= F= I (-- W 0 FZ IF-Z C) Fc n E: FR SE? 2 0 1983 DATE TAKEN TO PUBLIC SERVICES LOCATION MITCHELL DR- AT NEADON RED. BY ALLAN S. TILTON COMPLETED DISCRIPTION INSTALL R-1 STOP AND PAVEMENT MQRKINSS ON MITCHELL AS SHOO ON THE SA'ETCH SELON CONCU ALLAN G. TILTON ENGINEERING ASST /TRAFFIC ------------------ WAYNE A. PETERSON CITY ENGINEER W. c:). *# INEER DAVID F. ROMERO DIR. PUBLIC WORKS I -Fly C39= E3 Pb RNA 0u I E3 QE-9 I SFM -r FR #nb F= IF I C-, W U FR K C3 V< n E= F:Z w - C31- 4* DATE TAKEN TO PUBLIC SERVICES Ce61 0 Z d3S COMPLETED LOCATION LUNETP DR EIO VERDE REO. BY RAY PITT DISCRIPTION REMOVE ALL BUT THE LAST 160 FT OF RED CURB ON THE NORTH SIDE OF LUNETA. REMOVE NO PARKING SIGN (2) ON NEST END LEAVE 3RD �JZSN CONCUR. ALLAN G. TILTON ENGINEERING ASS'T/TRAFFIC - - ,_;; ----------------- WAYNE A. PETERSON CITY ENGINEER Lu So +u lb � r4,yv%ovE0 POHN W. - HAWLEY SUPERVISING CIV L ENGINEER DAVID F. ROMERO DIR. PUBLIC WORKS :515" + 1ple r^,%'%If% � -W� T.� LOCATION SIERRA NAY AT BISHOP ST REQ. BY ALLAN G. TILTON DISCRIPTION INSTALL R-1 STOP SIGN AND PAVEMENT MARKING ON SIERRA NAY AT BISHOP. SEE SKETCH BELO �j 47 CONCUR4;-�-. CA-&j - - ------ --- ALLAN G. TILTON N�W. HA LEY ENGINEERING ASS'T/TRAFFIC 4SPERVISING CIVIL GINEER (ZD ------------ -------------- ----- WAYNE A. PETERSON DAVID F. ROMERO CITY ENGINEER. DIR. PUBLIC WORKS -7 r1VS7Q1 le- � 0 -r IV C) F= S; anh INA L- U X E3 C3 IB I Ei F=;"C) n e: F=' d� F-C -r M F= P4 -F C3 F= E= -U1BL 1 WUFRt<E3 -r FZ l•-, C3 F=< 1E3 E: F;: W C:P 4* FZ A F= F=- 1 4-- W C) e - DATE TAKEN TO PUBLIC SERVICES COMPLETED, ----------- LOCATION SIERRA NAY AT BISHOP ST REQ. BY ALLAN G. TILTON DISCRIPTION INSTALL R-1 STOP SIGN AND PAVEMENT MARKING ON SIERRA NAY AT BISHOP. SEE SKETCH BELO �j 47 CONCUR4;-�-. CA-&j - - ------ --- ALLAN G. TILTON N�W. HA LEY ENGINEERING ASS'T/TRAFFIC 4SPERVISING CIVIL GINEER (ZD ------------ -------------- ----- WAYNE A. PETERSON DAVID F. ROMERO CITY ENGINEER. DIR. PUBLIC WORKS -7 r1VS7Q1 le- � 0 RESOLUTION NO. 5234 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND BECKER AND BELL FOR EXTENSION OF NEGOTIATIONS AND CONSULTANT SERVICES IN EMPLOYER- EMPLOYEE RELATIONS TO SEPTEMBER 30, 1985. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement (copy attached) on file in the Office of the City Clerk of the City of San Luis Obispo and incorporated herein by reference, between the City of San Luis Obispo and Becker & Bell for extension of negotiations and consultant services in employer - employee relations to September 30, 1985, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of the resolution to: Becker & Bell, Personnel Director and Finance Director. On motion of Councilman Settle seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey,.Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of October, 1983. Attest: J"W' lj-�6 - City Jerk Pamela V es R 5234 Resolution No. 5234 (1983 Series) Approved: Cil y Ad n' trative Officer Finance Director axoj a&qaz^, -.� Personnel Director l 2 3 4 5 6 i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. 26 27 28 AGREEMENT BETWEEN THE CITY OF SAN .LUIS OBISPO AND BECKER & BELL, INC. FOR NEGOTIATIONS AND CONSULTANT SERVICES IN EMPLOYER- EMPLOYEE RELATIONS THIS AGREEMENT, entered into this 18th day of October 1983, by and between the City of San Luis Obispo, a political subdivision of the State of California (herein called "City "), and BECKER & BELL, a California corporation (or its assignees), P.O. Box 2160, Placerville, California 956E7 (herein called "Consultant "). W I T N E S S E T H WHEREAS, City is obligated pursuant to state law and City policy to meet and confer with recognized employee organizations representing its employees in their employment relations with the City; and WHEREAS, the City Council desires to engage professional assistance in matters of labor relations representation and negotiations and in accomplishing the process of said. meeting and conferring in relation thereto; and WHEREAS, Consultant is a professional labor relations consultant and representative, who is well qualified by education and experience to provide such services; and WHEREAS, City, under authority of the Government Code, proposes to engage Consultant in accordance with the terms and conditions set forth herein to render such services. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of Consultant. City hereby agrees to engage Consultant, and Consultant hereby agrees to provide the services hereinafter set forth involving labor relations negotiations and the instruction and 1 2 3 4 G 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28I 2. / 1 training of management personnel in the implementation of labor relations agreements. Contacts for Responsibility. The City Administrator shall represent the City for the purpose of administer- ing this Agreement. The President of Becker & Bell shall be Consultant's designated representative for the purpose of administering this contract. The individual within Consultant's firm who will provide services to City as set forth in Section 3 will be mutually selected by the parties. Consultant shall not dele- gate or assign his responsibilities under this con- tract without the prior expressed written approval of City having first been obtained. 3. Scope of Service. Consultant shall provide his special knowledge, services and skills as follows: a. Consultant shall act as City's principal repre- sentative and chief negotiator in labor negotiations with the representatives of the bargaining unit(s) as assigned by the Council. All such representations and negotiations shall abide by the guidelines established by the City, and Consultant shall meet and confer as often as is reasonably necessary until agreement with said bargaining unit is reached in conformance with such guidelines, or until the City Council has determined after consultation with Consultant, that agreement is not reasonably possible as to said bargaining unit(s). Consultant shall also act as City's -2- 1 2 3 4 t� 6 7 c� 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 representative at any and all impasse proceedings which may be conducted. Consultant shall meet with the City Council as often as is reasonably necessary during each meet and confer process to review City's position and obtain further instruc- tions. b. As agreement is reached with each employee bargain- ing unit, a Memorandum of Understanding will be prepared by Consultant and will be submitted to the City Council for approval. When so approved, Consultant shall meet with City's management team to explain the provisions of any approved memoran- dum of understanding developed pursuant to this Agreement and to explain any changes in wages, hours and working conditions instituted by the City following the meet and confer process. C. Consultant shall, be telephone and in person, advise in grievance handling, assist in arbitration preparation, advise on personnel matters, assist in revision and development of management policies concerning subjects within the scope of representa- tion, and assist City Attorney in the resolution of legal matters related to labor relations arising out of the agreements covered herein. 4. City Assistance. City shall assist Consultant by providing information, personnel, space and facilities as follows: a. Information reasonably within City's control or -3- 1 accessible to City and which may be helpful to 2 Consultant in the performance of his services as 3 provided herein; and 4 b. A management team composed of members of the 5 affected departments and at least one (1) member 6 of the Administrative staff to assist Consultant 7 during the meet and confer sessions; and 8 C. Supplemental clerical and stenographic assistance 9 as Consultant may reasonably require for the per - 10 formance of his services as provided herein; and 11 d. A suitable location where meet and confer sessions 12 may be conducted. 13 5. Term. The term of.this Agreement shall commence on 14 October 1, 1983 and end on September 30, 1985, and 15 shall continue from year -to -year thereafter unless 16 either party shall notify the other party in writing 17 of an intention to modify its terms or terminate this 18 Agreement in its entirety. 19 Said notification shall be determined to have been duly 20 served upon Consultant if delivered to Consultant in 21 person, or when deposited postage prepaid for delivery 22 by U.S. mail addressed to: 23 Gene Bell Becker & Bell, Inc. 24 P.O. Box 2160 25 Placerville, CA 95667 26 or to such address as Consultant may hereafter in 27 writing direct. written notice to City shall be 28 determined to have been duly served if delivered in -4- 1 2 3 4 5 c 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 person to the City Clerk, City of San Luis Obispo, or when deposited postage prepaid for delivery by U.S. mail and addressed to:' City Clerk City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 6. Fee. City agrees to pay the Consultant for services rendered under this Agreement the sum of Seventy -five Dollars ($75.00) per hour. 7. Expenses. Upon submission of the appropriate billing, the City shall within thirty (30) days reimburse Consultant for all reasonable necessary travel expenses, lodging costs, if necessary, incurred in the performance of this Agreement. 8. Independent Contractor. It is expressly understood and agreed to by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an indepen- dent contractor and is not an employee of the City. IN WITNESS f.JHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATT ST: Ci y Clerk Pam a Voges Fi •ance Direct r: OF SAN LUIS OBI smycr Melanie C. BI-I..L4: /� BECKER BELL, INC. By /,111/ I -5- RESOLUTION NO. 5233 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF.SAN LUIS OBISPO APPROVING A PUBLIC SAFETY HEALTH FITNESS PROGRAM AGREEMENT FOR TESTING AND MEDICAL EXAMS WITH DR. DAVID BERNHART AND DR. JAMES WEBB WHEREAS, the Council of the City of San Luis Obispo recognizes the necessity for Public Safety employees to maintain an acceptable level of health fitness in order to.effectively perform their tasks; and WHEREAS, the Council has recognized the desirability of such a program by approving public safety goals outlined in this year's budget; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The City of San Luis Obispo agrees to enter into an agreement with Dr. David Bernhart and Dr. James Webb to conduct physiological and medical exams as described in the attached letters prepared by Drs. Bernhar.t and Webb attached hereto, marked Exhibits "C" and "D" and incorporated herein by this reference. On motion of Councilman Settle , seCOnded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of October , 1983. ATTEST: l/ CITY CLERK P MEL VOGES R 5233 Resolution No. 5233'. .983 Series) APPROVED: Ci A rative Officer Chie U f Po ice JWPA 'IBM 're CKief EXHIBIT A PERSONAL /PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT. is entered into this 18th day of . October , 1983 , by and between the City of San Luis Obispo, hereinafter called the "City" and David Bernhardt, hereinafter called the "Contractor." WHEREAS, the City has need for the professional services of an individual with the particular training, ability, knowledge and experience possessed by the Contractor; NOW, THEREFORE, in consideration of the rate of $130.00 per person to be paid to the Contractor by the City, the Contractor agrees to perform during the period September 19, 1983 through April 30, 1984, inclusive, the following personal and /or professional services: Contractor shall perform all services as stated in the attached letter marked Exhibit 1 and incorporated herein by this reference. In performing the above services, it is understood and agreed that: 1. The Contractor is engaged as an independent contractor and will be responsible for any Federal or State taxes applicable to this payment. 2. The Contractor will not be eligible for any Federal Social Security, State Workers' Compensation, unemployment insurance, or Public Employees Retirement System benefits from this contract payment, except as a self- employed individual. 3. The Contractor shall not be eligible for any group health insurance, life insurance, vacation, sick leave or any other benefits available to City employees employed under the Personnel Rules and Regulations of the City of San Luis Obispo. 4. Payment(s) will be made to the Contractor in accordance with the regular Accounts /Payable schedule of the City of San.Luis Obispo. 5. The City of San Luis Obispo shall be held harmless from any and all claims and losses accruing or resulting to Contractor and any other person in connection with the performance of this contract. This contract and any amendments to this contract will not be effective until approved by the City Council of the City.of San Luis Obispo. CITY ATTEST: ;,", - � , J, a", " CIT . CLERK PAMEL9 VOSES CONTRACTOR 7 Signed Print Name O",-c1 /� /�e�.✓NgR/J� Address /00 Luf4 - Sx�rc EXHIBIT B PERSONAL /PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT is entered into this 18th day of October 19 83 , by and between the City of San Luis Obispo, hereinafter called the "City" and James Webb, hereinafter called the "Contractor." WHEREAS, the City has need for the professional services of an individual with the particular training, ability, knowledge and experience possessed by the Contractor; NOW, THEREFORE, in consideration of the rate of $130.00 per person to be paid to the Contractor by the City, the Contractor agrees to perform during the.period September 19, 1983 through April 30, 1984, inclusive, the following personal and /or professional services: Contractor shall perform all services as stated in the attached letter marked Exhibit 2 and incorporated herein by this reference. In performing the above services, it is understood and agreed that: 1. The Contractor is engaged as an independent contractor and will be responsible for any Federal or State taxes applicable to this payment. 2. The Contractor will not be eligible for any Federal Social Security, State Workers' Compensation, unemployment insurance, or Public Employees Retirement System benefits from this contract payment, except as a self- employed individual. 3. The Contractor shall not be eligible for any group health insurance, life insurance, vacation, sick leave or any other benefits available to City employees employed under the Personnel Rules and Regulations of the City of San Luis Obispo. 4. Payment(s) will be made to the Contractor in accordance with the regular Accounts /Payable schedule of the City of San Luis Obispo. 5. The City of San Luis Obispo shall be held harmless from any and all claims and losses accruing or resulting to Contractor and any other person in connection with the performance of this contract. This contract and any amendments to this contract will not be effective until approved by the City Council of the City of San Luis Obispo. CITY ATTEST: CITY (CLERK PAMELA U ES CONTRACTOR Sign �C 1'l� -`' /1 L�•:� rdd t me /rs 9 7 Pxl2T.C' /OC-c /J2i�' •S/tit' Gv�s C�.�9cs,00. CA. %34C/ WALLACE G. ELLIOTT. M.!- `.A.C.S. DAVID A. BERNHARDT. M:._- DAVID J. VAN. M.D. (__�00 CASA STREET -SUITE A SAi( LUIS OBISPO. CALIFORNIA 53401 805/543•62ee 26 Sept��nbor 1983 EXHIBIT "C" Paul Lansbury, Chief Adm. Officer City of Snxl Luis Obispo Ci ty ILall 090 Palm St. 3 -a.re Luis Obispo, Cal. 931+01 D,7;ar 1-fr. Linsburys Re: Fitness _Evaluations for the Univurmed Personnel of the City of San Luis Obispo, _Cal.: I am writing to amend ny letter of 10 Au;wst 1983 in which I described the role that I and my partner, Dr. Javitz, will ]ay in the •valuation of the nniforirutd p�trsornlel of the City. Aft,.r discussions with and Scott Mcl:Iillan it be- n�ae obvious that charges would exceed ."e amount budgeted for ;his casing {;coup. As a result, we have decided to reduce our our charge to $130.00 per person for this next group of people. I will n'ot -ive along dissertation about what a wonderful barzain this is but suffioe it to say t1mt we are, indeed, interested in the program and its success. Sincerely, DAB/lfg DAVID A. MUTU -1 {ARDT, T.Z. D. WALLACE G. ELLIOTT. M.D.. F.A:C.S. DAVID A. BERNHARDT. M.D DAVID J. VAN. M.D. 2Sa50 Y t- ( Paul Lanspery, Chief Admin. Officer City of San Luis Obispo City Hall, 990 Palm St. San Luis Obispo, Calif. 93401 Dear Rr. Lanspery: G 4� cif_ P' �' f L.f-.nPK"- 04N 100 CASA STREET SUITE A SAN LUIS OBISPO, CALIFORNIA 93401 805/543-6265 10 August 1,083 Re: Fitness Evaluations for Uniformed Personnel of tie City of San Luis Obispo As you know, a portion of the uniformed personnel of the city of San Luis Obispo undert:ent a fitness evaluation in early 7983. The program con- sisted of a conplete physical examination including laboratory studies and electrocardiogram done in our office by Dr. Javitz and n7self, as well as a deternination of various peramaters associated with physical fitness_ done by Dr. James Webb at Cal Poly University. This letter addresses the second group of personnel who are scheduled to undergo a similar evaluation this Fall. ije are again planning to co- ordinate our efforts with Dr. Webb at Cal Poly. Each individual will be given a conplete physical examination as well as fasting blood tests to include a blood sugar, cholesterol, triglycerides and other lipid studies, a blood count and tests which look at the liver and kidney function. A urinalysis will also be done as well as a resting electrocardiogram. One of us, that is Dr. Javitz or myself, will also be monitoring the tread - aill exarination which will be done in Dr. Webb's laboratory. The total cost for th will be $150.00 per person. If a chest X-ray is indicated . or other studies, then the individual will be notified and he may make arrangements for this through his own physician. As was the case with the first group, we are encouraging each individual to call and ask questions regarding any of the studies which we do. A surjnaj�j of the findings will be presented to each individual. Also I am certain that Dr. 'Webb will be arranging for a session to go over his findings. A couple of forms will be returned to the respective departrent (fire or police(, rirst of all clearing. the individual to take the physical performance portion of the progran and secondly to note the date of the initial eaar .-ination and to 'make a general comment regarding findings. We will have to be cc twin that we do not, however, violate the individual's ri -ht to confidentiality. These forms will, I presume, be included in the personnel files of each individual. I would be happy to -met with you or representatives of the various departrents to discass this proposal furt^er. DAB/If g DA. erly, Y.i September 21, 1983 Lt. Bart Topham Police Department 575 Santa Rosa St. San Luis Obispo, Ca. Dear Bart: 93101 EXHIBIT "D" As per your request I am submitting a statement reflecting testing and fees should the City of San Luis Obispo wish to engage my services for their Public Safety Personnel Health Fitness. Program during the period Octoberi'!., 1.983 through June 15, 104. it is my understanding that the same battery of tests used for evaluation during the previous year (182 -183) would be employed for the 183 =184 test- ing. As you recall these tests involved assessment of: I. Flexibility a. Static assessment b. Dynamic assessment II. Muscular Strength/Endurance a. .Grip Strength b. Push -up Test c. Sit-up Test IIL Body Composition/Anthropometric a. Height b. Weight c. Percent Body Fat (hydrostatic and.skinfold d. Fat weight e. Fat free weight f. Desired weight g. Skinfold measures (chest, axilla, triceps, subscapular) h. Girths (waist, gluteal/hip, chest, forearm) i. Diameters (biacromial, bitrochanteric) IV. Pulmonary a. _ Residual volume (Helium Dilution technique) b. Vital Capacity c. Forced Vital Capacity d. Forced Expiratory Ventilation e. Maximal Breathing Capacity assessment) abdominal, iliac, thigh, V. Aerobic Capacity /Cardiorespiratory Parameters a. Maximal Oxygen Consumption Bruce Treadmill Test) b. Resting and Exercising heart rate values c. Resting and Exercising blood pressure values Test categories I -IV are administered on one occassion and Test V is given at a separate time. Records from the 182 -183 test year indicate that Test Session One required approximately 1.5 hours per participant and Test Ses- sion Two required .75 hours per participant for completion. Data recording plus analysis and data interpretation plus counseling involved some 2.0 hours of time in total. Thus the time invested in each participant approxi- mated 4.25 hours. The S.L.O. City Test Team.responsible for the project included, in addition to Dr's. Bernhardt and Javitz, one trained non - student technician, eleven trained student assistants and myself. Based on this data; my cost (including the non- student technician and the trained student assistants) is $130 per program participant. Also as I mentioned to you during our phone conversation 9 /19/83, should the program continue this year, I hope to implement monthly seminar meetings which would disseminate information about nutrition, exercise programs, stress management, alcohol /tobacco /substance abuse etc. Fees for individual retesting would need to be discussed and would be set according to the specific testing conducted. If you have any questions regarding the fee schedule and /or my responsibil- ities, feel free to contact me. Z' vv� b., Ph. D. Physiologist Human Performance Laboratory J RESOLUTION NO. 5232 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A PUBLIC SAFETY HEALTH FITNESS PROGRAM AND A FACILITY LEASE AGREEMENT WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY OF SAN LUIS OBISPO WHEREAS, the Council of the City of San Luis Obispo recognizes the necessity for Public Safety employees to maintain acceptable physical standards necessary to perform their tasks; and WHEREAS, the Council believes that it is in the best interests of the safety employees and the citizens of San Luis Obispo to make every effort to improve and maintain the good health of safety employees and to decrease risks of on- the -job injuries and retirements related.to their physical condition; WHEREAS, the Council recognizes that a comprehensive health fitness program for safety employees.may help to achieve these goals; NOW, THEREFORE, BE IT RESOLVED by the Council and the City of San Luis Obispo as follows: The City of San Luis Obispo agrees to enter into a lease agreement with the Trustees of California State University, through the President, California Polytechnic State University, San Luis Obispo, for the use of the Health Fitness Lab in the..Physical Education Department of said University; and To agree to a user fee of one dollar per person, per use.; and To agree to a one -time administrative charge of $25; and To agree to a Lease Agreement period of September 19, 1983 to April 30, 1984 . with a stipulation that said Lease Agreement may be extended with approval of the Lab Director and Police and Fire Chiefs for one additional calendar quarter ending July 1, 1983; as described in the Lease Agreement attached hereto, marked Exhibit "A" and incorporated herein by this reference. R 5232 Resolution No. S232 ``83- Series) On motion of Councilman settle , seconded.by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor. Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of October 1983. ATTEST: '!'"d V CITY CLER PAMELA V05S APPROVED: Polic hief Fire Chief LEASE EV CAMPUS PRESIDENT This lease made and entered into pursuant to Education Code 89046 by and between the Trustees of California State University and Colleges, hereinafter mentioned State University or College, hereinafter called the CAMPUS, and the undersigned lessee, hereinafter called the LESSEE. W ITNESSETH: WHEREAS, the President of the CAMPUS finds that the property of the CAMPUS hereinafter described is not needed for CAMPUS purposes at the time or times covered by this lease and that this lease will not interfere with the requirements of the CAMPUS; and WHEREAS, under Section 89046 of the Education Code the Director of Finance in August 1962 exempted from the requirement of his approval a lease of this character to an entity such.as the LESSEE; NOW, THEREFORE, it is mutually agreed between the parties hereto as follows: SPECIAL PROVISIONS PARTIES: DATE`. August 160 1983 The TRUSTEES, through the President of California Polytechnic State University, Lessor Gity of San Luis Obispo Departments of Public Safety Lessee J A governmental agency • A nonprofit, charitable, education, or character- building organization • A group or individual who will use the facility for education or non - commercial uses PROPERTY (Descriptive name of premises — specify also State -owned fixtures or equipment included.) Use of the Fitness Lab X With Lights Without Lights TERM (fill in one) yallo= events hours days _nights months DATES OF TERM from 9/19/83 to . 4/30/84 inclusive (FR9RTRWR'FM) RENTAL RATE Plus $ .00 pefpereon/per idsit Special (indicate event or unit of time) Charges For Administrative Services (Lights $- (Clean-up $_ (Janitor $_ (Security $_ (Other US _.J0_ TOTAL RENTAL $ 60.00 (estimate) DATE OR DATES FOR PAYMENT when bhlled PURPOSE FOR WHICH PROPERTY WILL BE USED fitness evaluations by Dr. Jim 56bb FIXTURES, SIGNS, AND EQUIPMENT WHICH MAY BE PLACED ON OR ATTACHED TO THE PREMISES DIVE DONE ALTERATIONS PERMITTED ATT GENERAL TERMS ! /� �J (1) The TRUSTEES, for and in consideration of the agreements of the LESSEE hereinafter expressed, hereby lease to the LESSEE, and the LESSEE leases from the TRUSTEES, that property of the CAMPUS described in the Special Provisions for the term therein specified. (2) The LESSEE agrees to pay as rental for the said property an amount computed for the term of this lease at the rental rate per unit of time or event specified in the Special Provisions, plus any special charges specified therein, payable at the date or dates set forth therein. (3) The LESSEE shall use the said property only for the purposes specified in the Special Provisions in a manner .that will not interfere with the regular curricular, cocurricular, or sponsored activities of the CAMPUS, and that will not include unauthorized commercial activities on CAMPUS. (4) The TRUSTEES agree to furnish all necessary utilities for the said property, including heat, water, and also light if the property is specified to be "with lights" except when such services cannot be supplied for causes beyond the control of the TRUSTEES and except when there is a failure or defect in the physical plant or utility lines, whether or not such failure or defect is beyond the control of the TRUSTEES, if the failure or defect cannot reasonably be remedied in time for use by the LESSEE during the term hereof; the TRUSTEES agree to furnish all janitorial services required for said property. (5) The LESSEE may not make alterations or place or attach any fixtures, signs, or equipment in, about, or upon the said property except those alterations, fixtures, signs, and equipment described in the Special Provisions. Any fixtures, signs, and, equipment provided by LESSEE shall remain the property of the LESSEE and shall be removed by the LESSEE from said property prior to the termination of this lease. The LESSEE, if required by the TRUSTEES, shall, upon the expiration of this lease, or renewal thereof, restore said property to the same condition as that existing at the time of entering upon the same under this lease, reasonable wear and tear and damages by the elements or by circumstances. over, which.the..LESSEE has no control excepted. (6) CAMPUS -owned furniture or apparatus may not be removed or displaced by LESSEE or any agent, employee, or invitee of the LESSEE without permission of the TRUSTEES. The LESSEE shall cause any furniture or apparatus displaced to be replaced to the satisfaction of the TRUSTEES immediately after any event or occasion for which the property is used by LESSEE. (7) All publicity and advertising used by the LESSEE in connection with the activity for which campus property is leased shall not in any way implicate the CAMPUS or the TRUSTEES in the sponsorship, approval, or support of this activity. (8) The LESSEE shall not violate nor suffer to be violated any federal or State law, local ardinaq e,:or rule of the TRUSTEES or of the CAMPUS. (9) It is understood and agreed that the TRUSTEES and their agents shall have the right to enter the said property or any part thereof at any time for the purpose of examination or supervision, or for the purpose of making repairs and alterations thereto as may be determined necessary by the TRUSTEES. (10) The LESSEE agrees to indemnify and save harmless the TRUSTEES, their officers; agents, and employees, from any and all loss, damage, or,liability that may be suffered or incurred by the, TRUSTEES, their officers, agents, and emproyees,-caused'by; arising out of, or in anyway connected with the use by the LESSEE of the said property. (11) It is mutually understood and agreed that this lease is not assignable by the LESSEE either in whole or in part, nor shall the LESSEE sublet any part of the said property. (12) This agreement may be terminated by either party upon thirty (30) days' written notice to the other party of this lease. (13) All notices herein required to be given, or which may be'given by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States Mail, registered and postage prepaid, and add ressed'as'herein'provided. Notice to the LESSEE shall be addressed io the LESSEE at LESSEE's address set forth on the signature page hereof. Notice to the STATE shall be addressed to the President of the CAMPUS at the address set forth beneath his signature on the signature page hereof. IN WITNESS WHEREOF, this indenture'has been executed in quadruplicate by the parties hereto as of the date hereof. CITY OF SAN LUIS OBISPO CALIFORNIA POLYTECHNIC STATE UNIVERSITY Warren J. Baker, President • l�ii: %rte �:r;.,1 .� '. �^ � �� �_. fry 7 � / /�� /� ���,C✓ � RESOLUTION NO. 5231 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AGREEMENT BETWEEN THE CITY AND BURT POLIN AND FRANK TRUCHAN GIVING THE CITY EASEMENT FOR SEWERLINE PURPOSES AND AN AGREEMENT BETWEEN THE CITY AND JERRY JUHL AND SUSAN_JUHL GIVING THE CITY AN EASEMENT FOR SEWERLINE PURPOSES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreements, attached hereto marked Exhibit "A" and Exhibit "B" and incorportated herein by reference, between the City of San Luis Obispo and Burt Polin and Frank Truchan, owners; and Jerry Juhl and Susan Juhl, owners; 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: Burt Polin and Frank Truchan, and Jerry Juhl and Susan Juhl. On motion of Councilman Settle and on the following roll call vote: seconded by Councilwoman Dovey , AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and ATTEST: City C rk Pamela Voge ted the 18th day of October 1983. C C. R 5231 EXHIBIT "A" AGREEMENT This agreement by and between THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter.called "City ", and Burt Polin and Frank Truchan, California, hereinafter called "Owners ". WITNESSETH WHEREAS there has been called to the City's attention a poor condition of the sanitary sewers in the back yards of the properties in the 800 block of Meinecke Street: and WHEREAS, the City has plans to correct the situation by the installation of new sewer lines with adequate slope and proper standards, and; WHEREAS, it is necessary to have access to the area of construction. NOW THEREFORE, the parties hereto mutuallyagree as follows: 1. Owners agree that the City may, at its sole cost, reconstruct the sewerline along the side of the property as shown on the plans for City Project E -42, Meinecke Easement (Chorro to 300' Easterly). 2. The City agrees to pay the full cost for the work including engineering, surveying, inspection, labor and materials. 3. The City agrees to connect the laterals now connected to the old sewer main from the subject properties into the new sewer main. 4. The City agrees to restore all paving, landscaping and /or fencing removed or damaged by the installation of the sewerline to the original condition. 5. The owner agrees to sign an easement for a ten foot wide easement for construction and maintenance of the new sewer main and agrees to allow access for the expedient construction and maintenance of the sewerline. 6. The City agrees to exempt said property from future frontage changes per Municipal Code Section 7500.4. 7. The City intends to construct the sewerline in the summer of 1983 however, in the event that the City does not construct this sewerline for any reasons within three years, this agreement shall become null and void. IN WITNESS WHEREOF, the parties hereto have executed this agreement the � ;day of r�,�,o 1983. Owners Citv of San Luis Obispo Approved as to form: City Atto.l ey Approved as to content: C A. i:Z- t m v Officer. Director of Pub is Services i �ity E gineer — A.P.N 52- 174 -47 DEED OF EASEMENT BURT POLIN AND FRANK TRUCHAN, as Grantors, hereby grant to the CITY OF SAN LUIS OBISPO, a Municipal Corporation, as Grantee, the following easement in the City of San Luis Obispo, County of San Luis Obispo, State of California, to wit: An easement to maintain, repair, replace, enlarge, and remove a public sewer and appurtenances in and across that portion of the Northeast quarter of the Northeast quarter of Section 27, Township 30 South, Range 12 East, Mount Diablo Base and Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the official plat of the survey of said land approved by the Surveyor General, said easement being 10.00 feet wide measured at right angles lying Northeasterly and parallel to the following described line: Beginning at the northwest corner of Parcel "A" of parcel map SLO -77 -357 as recorded at Book 28 of parcel maps at page 57 in the Office of the Recorder, County of San Luis Obispo, California, said point also being on the Southerly right -of -way line of Foothill Boulevard; thence departing said right -of -way South 00 35' East a distance of 209.97 feet to the Southeast corner of said Parcel "A" said point also being the Northwesterly corner of Parcel "C" of said parcel map SLO -77 -357, thence along said Westerly lot line South 00 35' East a distance of 60.07 feet to the true Point of Beginning, thence along the Westerly boundary of said Parcel "C" South 00 35' East a distance of 148.03 feet to the Southwesterly corner of said Parcel "C "; thence along the Southerly boundary of said Parcel "C ", North 890 17' 09" East a distance of 253.14 feet to the Southeasterly corner of said Parcel % ". IN WITNESS WHEREOF, Grantors have hereunto caused their names to be t4 subscribed this ?—day of r 1983. �zz' Burt Poiin Frank Truc an Michael S. Szatlocky Civil Engineer for City of SLO A.P.N 52- 174 -47 DEED OF EASEMENT BURT POLIN AND FRANK TRUCHAN, as Grantors, hereby grant to the CITY OF SAN LUIS OBISPO, a Municipal Corporation, as Grantee, the following easement in the City of San Luis Obispo, County of San Luis Obispo, State of California, to wit: An easement to maintain, repair, replace, enlarge, and remove a public sewer and appurtenances in and across that portion of the Northeast quarter of the Northeast quarter of Section 27, Township 30 South, Range 12 East, Mount Diablo Base and Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the official plat of the survey of said land approved by the Surveyor General, said easement being 10.00 feet wide measured at right angles lying Northeasterly and parallel to the following described line: Beginning at the northwest corner of Parcel "A" of parcel map SLO -77 -357 as recorded at Book 28 of parcel maps at page 57 in the Office of the Recorder, County of San Luis Obispo, California, said point also being on the Southerly right -of -way line of Foothill Boulevard; thence departing said right -of -way South 00 35' East a distance of 209.97 feet to the Southeast corner of said Parcel "A" said point also being the Northwesterly corner of Parcel "C" of said parcel map SLO -77 -357, thence along said Westerly lot line South 00 35' East a distance of 60.07 feet to the true Point of Beginning, thence along the Westerly boundary of said Parcel "C" South 00 35' East a distance of 148.03 feet to the Southwesterly corner of said Parcel "C "; thence along the Southerly boundary of said Parcel "C ", North 890 17' 09" East a distance of 253.14 feet to the Southeasterly corner of said Parcel I'C ". IN WITNESS WHEREOF, Grantors have hereunto caused their names to be - „ i! SUBSCRIBING - WITNESS ACKNOWLEDGMENT ( "WITNESS JURAT ") No 206 t i State of California 1 1 SS. - County of San Luis Obispo i :jr'• \`\ nr' ' m 'Eat )) t i v „ i �i Ny ComnI.! wr r ;5A �I ;t 1' On this the 61-h day of October 19$3, before me, the undersigned Notary Public, personally appeared Michael S. Szatlocky (name of witness), ® personally known to me ❑ proved to me on the oath /affirmation of a credible witness, whom 1 know personally, to be the person whose name is subscribed to the within instrument as witness thereto, and who swore or affirmed before me that be (he /she) personally knows Rurr Pal in h Frank Truchan (name of signer not appearing before Notary) to be the individual whose name is subscribed to the within instrument as principal and witnessed that individual sign the same and acknowledge signing it freely for the purposes therein contained. WITNESS my hand and official seal. Notary's Signature ROUGEOT SCALE I "= 100' 9 POB.-w FOOTHILL BLVD. 8 ti rn 0) O O N ° PARCEL N A PARCEL B 28 PM 57 EXHIBIT A 40191 City of SEWER EASEMENT Matzo san Luis OB,spo Burt Polin anTOFrank Truchan THE CITY OF SAN LUIS OBISPO PL. -,°o I M w PARCEL C 28 co IOC SAN. SEWER 1868 OR C-) I EASEMENT 218 p 29 �_ 253_14__ S 89017'09"W O I 62 62 62 I SLO-76-390 I I -U)-1 PARCEL 8 C 8 A I I MEINECKE AVENUE to EXHIBIT A 40191 City of SEWER EASEMENT Matzo san Luis OB,spo Burt Polin anTOFrank Truchan THE CITY OF SAN LUIS OBISPO 0 EXHIBIT "B" AGREEMENT This agreement, by and between THE CITY OF SAN LUIS OBI.SPO, a municipal corporation, hereinafter called "City ", and JERRY JUHL and SUSAN JUHL — - -- -- California, hereinafter called "Owners ". WITNESSETH 14HEREAS there has been called to the City's. attention a poor condition of the sanitary sewers in the back yards of the properties in the 800 block of Meinecke Street; and WHEREAS, the City has plans to correct the situation by the installation of new sewer lines with adequate slope and proper standards, and; WHEREAS, it is necessary to have access to the area of construction. NOW THEREFOR, the parties hereto mutually agree as follows: 1. Owners agree that the City may, at its sole cost, reconstruct the sewerline along the side of the property as shown on the plans for City Project E -42, Meinecke Easement (Chorro to 300' Easterly). 2. The City agrees to pay the full cost for the work including engineering, surveying, inspection, labor and materials. 3. The City agrees to connect the laterals now connected to the old sewer main from the subject properties into the new sewer main. 4. The City agrees to restore all paving, landscaping and /or fencing removed or damaged by the installation of the sewerline to the original condition. 5. The owner agrees to sign an easement for a twenty foot wide easement construction and maintenance of the new sewer main and agrees to allow access for the expedient construction and maintenance of the sewerline. 6. The City intends to construct the sewerline in the summer of 1983 however, in the event that the City does not construct this sewerline for any reasons within three years, this agreement shall become null and void. IN WITNESS WHEREOF, the parties hereto have executed this agreement the =" day i Owr�e rs �, 0 Approved as to form: City Atto-Aney 0 Approved as to content: City -Admin.10raYve Officer, Director of Public SeF\fi*c6s Qity Hgineer a m N . D c Y U G N m fL � Ln L CL n J to G I DEED OF EASMENT JERRY JUHL and SUSAN JUHL, as Grantors, hereby grant to the CITY OF SAN LUIS OBISPO, a Municipal Corporation, as Grantee, the following easement in the City of San Luis Obispo, County of San Luis Obispo, State of California, to wit: An easement to maintain, repair, replace, enlarge, and remove a public sewer and appurtenances in and across that portion of the Northeast quarter of the Northeast quarter of Section 27, Township 30 South, Range 12 East, Mount Diablo Base and Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the official plat of the survey of said land approved by the Surveyor General, said easement being 20.00 feet wide measured at right angles lying Northeasterly and parallel to the following described line: Beginning at a point, said point being the Southwest corner of Parcel "B" of parcel map SLO -76 -390 as recorded at Book 32 of parcel maps at page 74 in the Office of the Recorder, County of San Luis Obispo., California, said point also being on the Northerly right -of -way line of Meinecke Avenue as shown on the aforesaid map; thence leaving said right -of -way North 00° 00' East along the westerly boundary of said Parcel "B" a distance of 123.26 feet to a point, said pont being on the Northerly boundary of said Parcel "B ". Grantee shall also have general right of access for the purposes of performing maintenance to the above described property over grantors property, said access are described as a strip of land 50.00 feet wide Easterly of and contiguous to the above described Westerly easement boundary. IN WITNESS WHEREOF, Grantors have hereunto caused their names to be subscribed this -),> day of 0 - -- ' 1983 rry Juh Susan Juhl L ® SAFECO TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF - _ -- -- On this the day of 19 ` before me the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person_ __ whose name -- ------- subscribed to the within instrument and acknowledged that executed the same. Signature of Notary FOR NOTARY SEAL OR STAMP OFFICIAL SEAL uS. Lan ccsier -, �`•'��;:� NOTkRY PUELIC . CAUP08nIA -�'-'- h!uclpc! CiSles to • 3� Luis 4'Wma C.avrdn My (p wfuion Expires Jan. 225, 1985 ROUGEOT SCALE 14= 100, 9 P0.8 -v FOOTHILL BLVD. 8 ti m 0 0 O N ° PARCEL N A PL. ,04 � V PARCEL B 28 PM 57 U) PARCEL C 1868 OR (7 218 0 29 :;o S 8 17'09 W I O 62 62 62 9,01 I ISLO-76-390 N .i I I PARCEL B r� 20 foo i Sewerl MEINECKE AVENUE too EXHIBIT A all city of SEWER EASEMENT A san tins o��spo Jerry Juhl and Susan Juhl TO THE CITY OF SAN LUIS OBISPO Easement `%r�c.� / ��� � �� l` /�! s� �� �� j L�%/r'fi� ✓/� '�