HomeMy WebLinkAbout5600-5649t � -
RESOLUTION NO. 5649 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE CONTRACT WITH ENERGY PARTNERS FOR DEVELOPMENT
OF A SMALL HYDROELECTRIC PROJECT
WHEREAS, the City of San Luis Obispo wishes to develop additional
hydroelectric facilities at its water treatment plant, and;
WHEREAS, the City Council approved a recruitment process using
request for proposals and authorized staff to solicit proposals from
prospective developers, and;
WHEREAS, the proposals were received and evaluated and the City
Council directed staff to enter into negotiations for a contract with
Energy Partners.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
The City Council hereby approves the Energy Partners contract for
the design, financing, construction and major maintenance of a
hydroelectric project at the City's water treatment plant and
authorizes the Mayor to sign the contract.
On motion of Councilman Settle, seconded by Mayor Billig
and on the following roll call vote:
AYES: Councilman Settle, Mayor Billig, Councilmembers Dovey, Dunin
and Griffin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd- day of
April , 1985.
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R 5649
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Resolution No. 5649 (1985 Series)
ATTEST:
CITY CLERK PAMELA VOG S
APPROVED:
City A in' trative Officer
Public Works Director
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SAN LUIS OBISPO WATER TREATMENT PLANT
HYDROELECTRIC PROTECT
LEASE AND OPERATING AGREEMENT
This Lease and Operating Agreement ( "Agreement ") is made and
entered into this 2nd day of April 1985, by and between the
CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the
State of California, hereinafter referred to as "City ", and ENERGY
PARTNERS, a California general partnership, consisting of Dynamic
Conversation Corporation, a California corporation, Haug Engineering
and Contracting Company, Inc., a California corporation, and Energy
Source Development Corporation, a California corporation, hereinafter
referred to as "Developer "; jointly referred to hereinafter as the
"parties ".
WHEREAS, the City is empowered by applicable law and its Charter
to acquire, operate, lease and control plants for the generation,
transmission, distribution, sale and lease of electric power, and to
make and perform any necessary contracts to carry out the municipal
purposes of the City; and
WHEREAS, the City has considered development of a hydroelectric
project at the City's Water Treatment Plant (the "Facility ") and has
determined that under current economic conditions, it is in the best
interests of the City to allow private development; and
WHEREAS, the City requested proposals for the development of a
small hydroelectric plant at the Facility (the "Plant "), including
the design, construction, and maintenance of a small hydroelectric
plant; the procurement of all applicable State and Federal permits
not previously acquired by the City; a contract with an appropriate
utility for the sale of electric power from the Plant; and a share of
the proceeds of the power sales from the Plant; all at no cost by the
City;
WHEREAS, Developer has reviewed the site and has considered the
feasibility of such a project and is prepared to undertake a project
to design, develop, construct and maintain a small hydroelectric
plant at the Facility in general conformance with the March 7, 1985,
proposal submitted by Developer, at Developer's sole risk and
expense; and
WHEREAS, the parties desire to enter into this Agreement on the
terms and conditions set forth below.
NOW THEREFORE, in consideration of the mutual and respective
covenants set forth herein, and subject to all the terms and
conditions hereof, the parties agree as follows:
1. REAL PROPERTY LEASE. The City hereby leases to Developer,
for the limited purposes set out.in Section 2 below, for the term and
at the rent set forth below, that certain real property situated in
the County of San Luis Obispo, State of California, more particularly
described in Exhibit "A ", attached hereto and incorporated herein by
this reference. (the "Leased Premises ").
2. USE OF PREMISES. Developer agrees to use the Leased
Premises for the sole purpose of erecting, installing, operating and
maintaining a hydroelectric facility which will not involve the use
of the premises by the general public, and Developer shall permit no
other use of the Leased Premises without the written consent of the
City.
3. TERM. The Leased Premises are leased for the term
commencing on the date of this Agreement and ending fifteen (15)
years from the first day of commercial operation, i.e., the date of
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first sale of power to a utility, but in no case later than June 30,
2001.
4. ACCESS /EASEMENTS. During the term hereof, City shall allow
Developer access to the Leased Premises from existing roads. The
Developer will utilize these roads in a manner as to not impede City
operations and will promptly repair any road damage caused by
Developer's activities. During the term hereof, Developer will be
allowed a right of access across lands owned by the City for ingress
and egress to the Plant, construction and maintenance of the Plant,
related structures, and poles, wires and cables for the transfer and
transmission of electric power to the power purchaser. Location of
such rights- of-way will be as approved by the City.
5. RENT. The rent for the Leased Premises shall be One Hundred
Dollars ($100), payable to the City on the first anniversary of the
execution of this Agreement, plus the percentage of Gross Revenue, as
defined and described in Section 11, below.
6. TAXES. Developer shall pay all taxes, assessments, levies
and other governmental charges of every descr- iption, levied on or
against the Leased Premises, the personal property located on or in
the Leased Premises or any improvement thereto, which form a part of
the Plant, leasehold estate, or any sub- leasehold estate, to the full
extent of installments falling due during the term. Developer shall
reimburse City directly for any additional taxes paid by City
resulting from the improvements to the Leased Premises or City's
facilities attributable to the installation of the Plant. This
Agreement may create a possessory interest in public property which
is subject to taxation. In the event such interest is created,
Developer shall pay any and all taxes levied on such interest.
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7. INSURANCE. Developer shall take out and maintain in force
during the entire term of this Agreement, in a form and with
companies reasonably acceptable to City, the following types of
insurance:
(1) Workers' Compensation insurance with statutory limits;
(2) Comprehensive general liability insurance,.excluding
automobile, with combined single limit of not less
than $1,000,000 each occurrence;
(3) Property damage insurance (all perils except
earthquake) in the amount of not less than $500,000
each occurrence;
(4) Automobile insurance,.including bodily injury and
property damage, with a combined single limit of not
less than $1,000,000 each occurrence;
(5) Business interruption insurance with a limit of
$500,000, guaranteeing payment of debt, should the
revenue from the Plant be interrupted by reason of
actions, failure to act or forces beyond the control
of Developer;
(6) Engineering errors and omissions insurance with a
$500,000 limit;
(7) During construction only, builders "All Risk" or
alternative coverage approved by the City for 100% of
the cost of the project for physical loss or damage
including theft, vandalism, malicious mischief,
collapse, water damage, fire and other perils
(excluding earthquake), including damages, losses and
expenses arising out of or resulting from any insured
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loss, or incurred in the repair or replacement of any
insured property.
All such insurance or the endorsements thereto must include the
following provisions:
A. If the insurance covers on an "accident" basis, it
must be changed to 'occurrence ".
B. The policy must cover personal injuries as well as
bodily injuries.
C. The policy shall include coverage for errors or
omissions by City and its agents, officers, employees
or independent contractors directly responsible to
City.
D. The policy shall require the insurance carrier to give
City thirty (30) days prior written notice of any
cancellation of such insurance or reduction in the
amount thereof or any major change.
E. The policy shall provide that the insurance will act
as primary insurance and that no other insurance
effected by City or other named insureds will be
called to contribute to the loss covered thereunder.
F. The City of San Luis Obispo, its officers, agents and
employees shall be named as additional insureds under
all policies except the engineering errors and
omissions insurance.
Approval of the insurance by City does not relieve or decrease -the
extent to which Developer may be held responsible for payment of
damages resulting from this operation.
8. CONDITION OF PREMISES. Developer has examined the Leased
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Premises and accepts then in an. "as is" condition. Upon the
termination or expiration of this lease, Developer shall yield the
Leased Premises to City in as good condition and state of repair as
when received, reasonable wear and tear and installation of the Plant
excepted.
9. GRANT OF NON- CONSUMPTIVE USE OF WATER. City grants to
Developer the right to install the Plant at the Facility, connect to
City conduits at the Facility and use the water flowing therefrom for
the sole purpose of operating the Plant, provided such water shall be
returned to the Facility downstream of the Plant, quality and
quantity unimpaired,.and with flow undiminished. Such grant of
rights shall at all times be under the control of the City, and
Developer shall have no right to demand the release of any water at
any particular time. City agrees that it will at all times during
the tern hereof operate its water releases in a manner which, insofar
as practicable, consistent with maintaining, storing and providing
for the primary water delivery use of.the Facility, and subject to
said primary water delivery use, would thereafter give preference to
the flow of water through the Plant.
City warrants that it has the right at the time of execution of
this Agreement to use said water for the purpose of operating the
Plant, that it will use its best efforts in the future to maintain
such rights, and that it may contract for the use of said water in
the manner herein provided. The City also warrants that the historic
flow of water released and the hydraulic head at the Facility is as
specified in the Request For Proposal disseminated by City.
10. INTERRUPTIONS. Developer understands and agrees that, from
time to time, it may be necessary for City to require Developer to
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temporarily cease or lessen its diversions of water from City's
Facility or pipeline or to temporarily discontinue the delivery of
water through said pipeline because of operational conditions
relating to the Facility's primary obligation to deliver water or
emergencies beyond the control of City; provided, however, City shall
use its best efforts to restore the delivery of water through said
pipelines at the earliest possible time. Upon the occurrence of any
such condition and the receipt by Developer of notification thereof
from City, Developer shall cease or lessen its diversions from City's
pipeline as indicated in said notice. In the event of any such
condition, City shall provide Developer with as much advance written
notice as is possible of any such cessation or lessening of
diversions or discontinuance of deliveries.
In the event of an emergency, City has the right to immediately
cease or lessen the diversions of water from City's pipeline or to
temporarily discontinue the delivery of water through the pipeline.
City shall give Developer notice of the emergency as soon as
possible.
11. ADDITIONAL RENTAL PAYMENTS TO CITY. As and for further
rent, Developer agrees to pay the City two percent (2 %) of the Gross
Revenue derived from the sale of power generated by the Plant during
the first seven (7) years commencing January 1, 1986, then
twenty -five percent (25 %) of the Gross Revenue for the next three (3)
years, and thirty percent (30 %) of the Gross Revenue for the
remaining term of this Agreement. The term "Gross Revenue" as used
here shall mean the total amount paid by the purchasing utility for
the power produced by the Plant, inclusive of energy payments and
capacity payments, if any. Payment to the City will commence upon
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receipt of the first payment made by the purchasing utility and
continue through receipt of final payment from the purchasing utility
for power generated by the Plant during the term of this Agreement.
Developer shall forward City's share of the proceeds to City, along
with a copy of the check Developer received from the purchasing
utility and any statement received from the purchasing utility,
within seven (7) working days after receipt of the Gross Revenue from
the purchasing utility.
12. ADDITIONAL -- PAYMENTS- BASED -ON-MODIFICATIONS OR CAPITAL-
IMPROVEMENTS. Should the City modify its method of generation of the
Facility to increase the waterflow or should either party make
improvements in the capital facilities of the Plant (after the first
day of commercial operation as described herein) or the Facility,
which modifications or improvements result in increases in the amount
of power produced and sold to the purchasing utility over and above
the Base Line Annual Energy Expectation of Developer, which figures
are described on Exhibit "B ", which is attached hereto, and
incorporated herein by this reference, then any additional payments
resulting from any such increase in power, shall be divided as
follows:
A. The increased payments shall first reimburse the party
making said modifications or improvements for any
capital expended or other expenses incurred resulting
in the increased productivity of the Plant, plus a
twenty percent (20 %) per annum return.
B. Thereafter all increased payments shall be divided
equally between the parties hereto.
It is not the intention of the parties that any increase in revenue
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which results solely from changes in demand for, water from the
Facility-to serve the City of San Luis Obispo shall be shared.
13. DESIGN-p ERECT3ON, AND INSTALLATION OF THE PLANT. The
Developer shall, at its own expense, modify the existing Facility in
a manner consistent.with the design approved by the City, and shall
construct and install the Plant, with a minimum rated capacity of 120
kilowatts. Developer will also, at its sole cost, construct new and
modify existing transmission lines and provide the necessary
interface equipment needed for the power purchaser to accept the
project power.
Said Plant shall be constructed in a good and workmanlike manner
of permanent character, consistent with professional design and
construction standards in the State of California. All machinery
installed shall be state of the art, new and first class in every
respect.
14. DESIGN- REVIEW. Prior to starting construction of the
Plant, the Developer shall submit to the City complete plans and
specifications for the Plant. The construction plans and
specifications shall be prepared by Developer or another engineer
experienced in hydroelectric development and acceptable to the City,
in a professional manner and fully in compliance with all applicable
specifications and /or requirements of governmental agencies. The
City will review these plans and specifications for compliance with
standard engineering design practice.and conformance to the
requirements of Section 13 and compliance with the operations
requirements of the City. Within fifteen (15) working days following
submission of the completed plans and specifications, or within
twenty-five (25) working days after submittal with regard to the
turbine /generator and controls for the turbine /generator, the City
shall either approve or disapprove them in writing. If they are
disapproved, the City shall specify those matters disapproved, the
reason for the disapproval, and the proposed changes to be made. If
the City neither approves nor disapproves within the applicable
period as provided herein, the plans and specifications shall be
deemed approved. Such review and approval by the City shall in no
way relieve the Developer of its obligations hereunder. The City
review shall not relieve the Developer of sole responsibility to
provide a safe and efficient operating plant which conforms to the
current customs and practice of the applicable industry.
Should the City and the Developer reach an impasse at the design
stage, or otherwise fail to agree on an approved design, either party
may terminate this Agreement at its sole discretion without further
liability to the other party..
15. LICENSES "AND PERMITS. The.Developer shall diligently
pursue at its sole cost and expense, all steps necessary in
developing the Plant, including preparing and submitting all
necessary applications and reports for all permits and licenses
required to construct and operate the Plant, and procuring the same,
and to comply with applicable Federal, State and local laws. All
required applications shall be submitted promptly to City for review.
The City is not bound to accept conditions placed upon the
project by any governmental agency exercising jurisdiction over any
Phase of this project which may alter the present City operations or
require expenditures not contemplated in this Agreement. City may
terminate this Agreement if such conditions, in the reasonable
discretion of the City, are not acceptable.
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16. FINANCIAL RESPONSIBILITIES OF DEVELOPER. The Developer
shall furnish at its sole expense all plant, labor, materials,
equipment, utilities, supplies, machinery, tools, superintendence,
inspection and other accessories and services necessary to complete
construction of the Plant in accordance with the plans and
specifications approved by the City as provided above. The Developer
shall conduct adequate material and performance testing to assure the
final quality of the work.
Developer shall give City ten (10) working days notice prior to
equipment being brought into the work area by the Developer or site
preparation beginning. Developer shall keep the City informed of its
construction schedule and any changes in that schedule, and suimit a
monthly progress report to the City covering all development and
construction activities.
17. CAPITAL-EXPENDITURE. The Developer shall contribute all
capital for the erection and construction of the Plant and the City
shall not be responsible for nor shall it contribute any monies,
labor, materials or services whatsoever for the erection and
construction of the Plant nor for any other purpose save and except
those outlined below in the Operation and Maintenance section, or to
increase power production above the Baseline Annual Energy
Expectation.
18. FINANCING/BONDS. All documentation required for the
financing of Developer's installation must be presented to the City
for review and approval no later than August 31, 1985. Upon City
approval of the financial package, a performance (completion) bond in
an amount equal to one hundred percent (100 %) of the project cost
must be presented to the City within ten (10) working days. The bond
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must be from a responsible surety and contain terms acceptable to the
City. If available, the Developer must also obtain a labor and
materials bond in an amount equal to fifty percent (50 %) of the
project cost, which also must be presented to the City within ten
(10) working days, and be from a responsible surety and contain terms
acceptable to the City.
Review of said financing by City is for the sole purpose of
informing the City of the terms thereof and said review by City shall
not in any way be deemed to constitute an approval of any of the
terms or conditions thereof, nor otherwise be construed to make City
a party to any such financial agreements.
19. CONSTRUCTION COMPLETION DATE. The Developer shall complete
construction no later than June 30, 1986. If the Plant is not
constructed and in operation by June 30, 1986, the City may, at its
sole option (1) terminate this Agreement if it finds that the
Developer is not actively pursuing the project; or (2) continue the
Agreement in force and effect upon payment by Developer to City an
amount equal to that percentage of the Gross Revenue which the City
would have received from the power purchase agreement if the plant
had been in operation. If the project is not completed within the
time specified due to force majeure, as defined in Section 47, no
termination shall occur and no payment will be collected by the City
for the period of delay caused by these circumstances.
20. DISRUPTION OF FACILITY OPERATION. The Developer shall
provide five (5) working days advance written notice to the City
prior to the relocation, alteration, modification or rearranging of
any or all portions of the Facility which may occur during the
construction and installation of the Plant. No disruption of City
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water delivery shall be allowed during construction without the
express written approval of the City. Should the City approve a
disruption, but the length of disruption later exceeds the time
approved by the City, the City may take all steps necessary to
restore the water delivery. The City may, in its discretion, have a
representative at the Leased Premises to observe such work by the
Developer. The Developer shall schedule and perform the work in such
a manner as to result in the least possible disruption of the
operation of the Facility.
21. ACCESS. The City shall permit the Developer to have
twenty -four (24) hour per day access to the Leased Premises to .
accomplish the purposes of this Agreement; provided, that should the
Developer desire access during any period of time within which the
Facility is not manned, then Developer shall provide City with at
least twenty -four (24) hours notice of its desire for access.
22. PURCHASING UTILITY CONTRACT. The Developer shall negotiate
a power purchase contract with the purchasing utility with a maximum
term of thirty (30) years.
23. TESTING. The Developer shall be responsible for scheduling
and performing all acceptance testing, in accordance with test plans
prepared by the Developer and approved by the City, and the following
requirements:
A. The Developer shall provide all personnel and
necessary equipment and materials required to conduct
the test;
B. The Developer shall provide the services of an
experienced and authorized representative of the
manufacturer or supplier of critical items of
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equipment, as indicated in the list of equipment in
the approved design or test plan, at appropriate
times, during the period of start up, checkout and
operational testing;
C. The Developer shall provide operating personnel for
the duration of the overall system start up; and
D. The Developer shall conduct connection testing to the
utility interconnection and power and efficiency
testing of the turbine /generator.
24. CDRRECTION OF DEFECTS. During the term hereof, the
Developer shall correct all defects in materials or workmanship in
any of its work hereunder, including the Plant and any modification,
relocation, alteration or rearrangement of the Facility, and shall
repair any facilities of the City which may displaced in so doing
or which may have been damaged or affected by such defect.
25. INSTRUCTION IN ROUTINE OPERATION AND MAINTENANCE.
Developer shall provide on -site instruction by qualified persons to
operation and maintenance personnel of the City for routine operation
and maintenance tasks to be performed by City personnel.
26. OPERATION AND MAINTENANCE MANUALS. The Developer shall
furnish to the City three (3) complete identical sets of technical
specifications and the "as built" drawings, and necessary operating
instructions, location of controls and equipment needed for
operation, to be-provided in Developer's operation and maintenance
manuals.
27. OPERATION AND MAINTENANCE. The City shall perform the
routine day - today operation and maintenance of the Plant after all
of the following have occurred:
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A. AIYcomponents of the Plant are installed, complete
and in good working order;
B. All necessary contracts and approvals have been
received by the Developer;
C. There are no liens against the Leased Premises;
D. Developer has provided on -site instruction as set
forth in Section 25;
E. Developer has provided the operation and maintenance
manuals and other documents described in Section 26;
F. The Plant is on line, delivering electricity to a
purchasing utility, and has operated for period of
five (5) consecutive days without malfunction.
The routine day - today maintenance includes site inspection,
lubrication of bearings and similar parts, valve inspections, alarm
response, verification of electrical /control functions, seals
adjustment, and related minor maintenance. The Developer shall at
all times during the term of this Agreement have responsibility for
major maintenance, including any repairs to the turbine /generator,
replacement of bearings, switch gear, hydroplant needle flow control.
valves, and electrical transmission lines and electrical interface
with the purchasing utility. Should any, maintenance or repair be
required which is not specified above, then the Developer shall be
responsible for any repairs of the Plant which result in stoppage of
the operation of the Plant for a period of forty -eight (48) hours or
more. Once it has been determined that a repair is the Developer's
responsibility, Developer shall proceed with due diligence to make
the necessary repair.
28. PAYMENT FOR ROUTINE OPERAT3ON.AND-MAINTENANCE. The
Developer shall pay to the City a fee for the routine operation and
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maintenance of the Plant. The amount of such fee shall be Six
Thousand Dollars ($6,000) for the first year of operation commencing
on the date of the initial sale of power to the purchasing utility,
and shall increase by six percent (6 %) in each succeeding year of
operation. The appropriate pro rata portion of such fee shall be
paid to the City monthly.
29. FAILURE _TO PERFORM OBLIGATION. If either party shall fail
to perform its obligations hereunder, the other party may give notice
in writing demanding that the necessary work be done. If the party
receiving such not -ice has not begun diligent efforts to perform the
work required within five (5) days following the receipt of such
notice, then the other party may, but is not obligated to, undertake
to perform such work and shall be.promptly reimbursed by the
non - performing party the reasonable cost incurred in connection
therewith. Should an emergency situation arise, then the provision
of written notice and the five (5) days waiting period is not
required before corrective measures may be taken. Should corrective
measures be taken in such an emergency situation, the performing
party shall be promptly reimbursed by the responsible, non- performing
party the reasonable cost incurred therewith.
30. ALARMS. Alarms and annunciation methods shall be as
mutually agreed.
31. TRANSFER OF OWNERSHIP AT THE END OF TERM. At the end of
the term of this Agreement, the Developer shall sell and convey to
the City, for One Dollar ($1), receipt of which is hereby
acknowledged: (a) all of its right, title and interest in and to the
Plant, free and clear of all liens, encumbrances, mortgages, trust
indenture or any other encumbrance or interest in favor of Developer
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or any other party and Developer shall so warrant and guarantee the
Plant and facilities constructed pursuant to this Agreement to be
free of such encumbrances at the time of said transfer; (b) the
power sales agreement with the purchasing utility; and (c) all
related drawings, specifications, supporting documentation, materials
and equipment. At the time of such conveyance, the City will assume
full and prompt performance of each and every obligation of the
Developer pursuant to the power sales agreement with the purchasing
utility.
32. ASSiGNMENT. Developer understands that this Agreement is
entered into by City in reliance on the unique expertise and
experience of Developer. Developer shall not assign this Agreement
or transfer any interest therein or any part thereof without the
express written consent of the City, nor shall Developer permit
anyone other than itself or its employees or customer to occupy or
use said premises; provided, however, no written consent shall be
.required in the event Developer shall remain a general partner of
said assignee and shall give notice of such assignment to City within
fifteen (15) days of such assignment, and further provided no written
consent shall be required in connection with the creation or
perfection of a security interest in favor of a lender to Developer
and such security interest may permit any such lender to cure any
default of Developer pursuant to Section 38 or 39 hereof. Unless
waived by City, as a condition to any such assignment, Developer
shall enter into a contract with such assignee pursuant to which the
Developer shall perform the design, construction, installation,
maintenance, repair, and replacement work required herein. Such
assignment shall not be effective until approved by the City and
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until the assignee has executed an acceptance of the other
obligations of the Developer hereunder, in a form to be approved by
the City.
City may require as a condition to giving any such consent that
Developer's assignee, sub - lessee or transferee demonstrate its
financial ability to perform Developer's obligations under this
Agreement and its capability of providing the necessary repairs and
maintenance of the Plant pursuant to this Agreement. City may
further require that such assignee, sub - lessee or transferee
specifically agree in writing to be bound by and perform in
accordance with the terms and conditions of this Agreement.
The assignment, sub -lease or transfer of this Agreement, with
the consent of City, shall not relieve Developer of responsibility to
perform Developer's obligations under this Agreement. If Developer's
assignee, sub - lessee or transferee does not fully perform the terms
and conditions hereof to be performed by Developer, City shall be
entitled to look to Developer to perform in place of Developer's
assignee, sub - lessee or transferee.
The sale, assignment, transfer or other disposition of any of
the issued and outstanding capital stock of Developer, or of the
interest of any general partner of Developer, which shall result in
change in the control of Developer, shall be construed as an
assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power of the corporation or partnership.
33. INDEPENDENT CONTRACTOR. The parties hereto in the
performance of this Agreement will be acting in an independent
capacity and not as agents, employees, partners, or joint venturers
of one another. Neither the City nor its officers or employees shall
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have any control over the conduct of Developer or any of Developer's
employees, except as otherwise herein set forth.
34. MECHANICS' LIENS. Developer shall keep the Leased Premises
and every estate, right, title and interest therein, or any part
thereof, at all times during the term of this Agreement, free and
clear of any mechanics' liens, and other liens, and liens for labor,
services, supplies, equipment or material incurred by it, and
Developer will at all times fully pay and discharge and wholly
protect, defend and save harmless City on account of said liens, or
claims, or assertions, or filing thereof.
35. INGRESS AND EGRESS. The City reserves the right to enter
upon the Leased Premises covered by this Agreement at any and all
times during the term of this Agreement. City shall have access to
the Leased Premises at all times for the purpose of operating,
maintaining and repairing its Facility, including the control house,
pipeline and other water system facilities which are located upon and
across and near the Leased Premises.
36. SAFETY REQUIREMENTS. All work performed under this
Agreement shall be performed in such a manner as to provide safety to
the public and to meet or exceed the safety standards outlined by the
applicable State of California safety regulations. The Developer
shall maintain the premises free of hazards to persons and /or
property resulting from its operations. Any hazardous condition
noted by the Developer, which is not a result of its operations,
shall immediately be reported to the City.
37. DAMAGE TO OR DESTRUCTION OF THE IMPROVEMENTS. The
Developer covenants that in case of damage to or destruction of the
Plant or other improvements to be constructed pursuant to this
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Agreement by any cause, insured or uninsured, it will promptly, at
its sole cost and expense, restore, repair, replace or rebuild said
Plant or improvements as nearly as possible to the condition, quality
and class it was in immediately prior to such damage or destruction
unless the condition of the Facility shall be such as to render said
repair or replacement impractical or uneconomic. Such restoration,
repairs, replacement or rebuilding shall be commenced promptly and
prosecuted with reasonable diligence and the holder of any insurance
proceeds arising as a result of such damage or destruction shall
agree to make such proceeds available to Developer as such
restoration, repair, replacing and rebuilding occur.
If the insurance proceeds, if any, recovered in respect to any
insured damage or destruction, less any cost of recovery, shall be
insufficient to pay the entire cost of such restoration, repairs,
replacement or rebuilding, Developer covenants to pay the deficiency.
38. DEFAULTS. The occurrence of any one or more of the
following events shall constitute a material default and breach of
this Agreement by Developer:
A. The vacating or abandonment of the Leased Premises by
the Developer.
B. The failure by Developer to make any payment of rent
or any other payment required to be made by Developer
hereunder as and when due, where such failure shall
continue after written notice thereof from City to
Developer. In the event that City serves Developer
with a Notice to Pay Rent or Quit pursuant to
applicable unlawful detainer statutes such Notice to
Pay Rent or Quit shall also constitute the notice
-20-
o
required by this subparagraph.
C. The failure by Developer to observe or perform any of
the covenants, conditions or provisions of this
Agreement to be observed or performed by Developer,
other than described in paragraph B above, where such
failure shall continue after written notice thereof
from City to Developer.
D. The making by Developer of any general arrangement or
assignment for the benefit of creditors.
E. Developer becomes a "debtor" as defined in 11 USC
Section 101 or any successor statute thereto (unless,
in the case of a petition filed against Developer, the
same is dismissed within 60 days).
F. The appointment of a trustee or receiver to take
possession of substantially all of Developer's assets
located at the Leased Premises or of Developer's
interests in this Agreement, where possession is not
restored to Developer within thirty (30) days.
G. The attachment, execution or the judicial seizure of
substantially all of Developer's assets located at the
Leased Premises or of Developer's interests in this
Agreement, where such seizure is not discharged within
thirty (30) days.
H. The discovery by City that any financial statement
given to City by Developer, any assignee of Developer,
any subtenant of Developer, any successor in interest
of Developer or any guarantor of Developer's
obligation hereunder, and any of them, was materially
-21-
false.
39. REMEDIES. In addition to those events of default described
in Paragraph 38, violation of any of the material terms of this
Agreement shall be considered an event of default. Upon the
occurrence of said event, the non - defaulting party shall notify the
other party and any other party which has an interest herein and who
shall have requested the non - defaulting party to give notice, of the
default and demand that said default be cured within the time
specified in Section 38 or within ninety (90) days of said
notification, whichever first occurs. If for any reason, the
default should not be cured within the time specified, then the
non - defaulting party may at its sole option declare this Agreement
immediately terminated.
40. TERMINATION /FIXTURES /PERSONAL PROPERTY. In the event of
termination of this Agreement, all fixtures or other permanent
structures or equipment shall remain as part of the real property and
shall belong to the City. Furthermore, Developer shall have removed
from the Leased Premises, within sixty (60) days of the date of
mailing of the notice of termination, all facilities, tools and
equipment belonging to Developer which are not yet affixed. (the
"Personal Property ") Should Developer fail to remove the Personal
Property within the time specified, at City's option: (1) said
Personal Property shall became the property of City, or (2) City may
remove and dispose of said Personal Property. Developer shall
indemnify and hold City harmless for all costs incurred, or claims,
actions, liens or judgments arising as a result of, the removal or
disposal or City ownership of said Personal Property on Developer's
failure to remove.
-22-
41. AUDIT/RiudT TO INSPECT BOOKS. By April 15 of each year of
the term of this Agreement, Developer shall provide to City, at
Developer's expense,'a copy of its financial statement. The City
shall have the right to inspect or audit, or have its representative
inspect or audit, Developer's books at Developer's principal place of
business in California, upon reasonable notice. Said audit shall not
occur more than once a year without good cause or in the absence of
Developer's default. The City and Developer shall share the cost of
each audit equally.
42. ENTIRE AGREEMENT. This Agreement contains the entire
agreement between the parties hereto relating to the development of
the Plant on the Leased Premises and may not be modified except by
instrument in writing signed by the parties hereto.
43. WAIVER. The waiver by either party of breach of any one
term, covenant or other provision of this Agreement is not a waiver
of breach of any other term, nor subsequent breach of the term or
provision waived.
44. CALIFORNIA LAW. This Agreement has been entered into and
is to be performed in the State of California, and shall be construed
and interpreted in accordance with the laws of the State of
California.
45. NOTICES. Unless otherwise provided, all notices required
herein shall be in writing and delivered in person or sent by
registered or certified mail, postage prepaid, return receipt
requested, addressed to the other party at the address set forth
below:
City: Utilities Manager
City of San Luis Obispo
990 Palm Street
P. 0. Box 8100
San Luis Obispo, CA 93403 -8100
-23-
Developer: Peter Kruse
Energy Partners
1900 Avenue of the Stars, Suite 2625
Los Angeles, CA 90067
Provided, that either party may change its address by notice in
writing to the other party, and thereafter notices shall be addressed
and transmitted to the new address. Mailed notice shall be deemed
received forty -eight (48) hours after deposit in the U. S. mail, as
set forth above.
46. ATTORNEY'S FEES. The prevailing party in any action
arising hereunder or in connection herewith shall be entitled to
recover reasonable attorney's fees (as fixed by the Court) and costs
of suit.
47. FORCE MAJEURE. Neither party shall be deemed to be in
default under this Agreement by reason of the delays in performance
caused by strikes, lockouts, acts of God, or other causes beyond the
reasonable control of a party.
48., PARTNERSHIP STATUS. Developer shall maintain its status as
a California general partnership in good standing throughout the term
of this Agreement. Any partnership reorganization resulting in a
change of ownership of Developer, shall be deemed an assignment and
is prohibited unless approved by City.
49. CAPTIONS. The captions, paragraphs and subparagraph
numbers and letters appearing in this Agreement are inserted only as
a matter of convenience, and in no way define, limit, construe or
describe the scope or intent of such paragraphs and do not in any way
affect this Agreement.
-24-
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date and year first above written.
ATTEST:
( eX'e —
CI7 CLE PAM VOG
CITY:
-25-
DEVELOPER:
ENERQY PARTNERS, a California
general partnership
By.
In J. Hy6ttLsr , J-., Whageir
By Energy Source Development
Corporation, a general
partner
BY
Jo n J. 4 tter
Pilesident
By.
thleen C. Brintnall,
Secretary
EXHIBIT "A"
(Legal description to be as mutually agreed at design stage)
cl
EXHIBIT "B"
CITY OF SAN LUIS OBISPO WATER TREATMENT PLANT HYDROPOWER PROJECT
MONTHLY KWHR BASIS AND BASELINE ANNUAL ENERGY PRODUCTION
(BASED ON CITY'S HISTORICAL FLOW DATA)
ASSUMPTIONS: LOW FLOW MONTHS, H = 112 ft.
HIGH FLOW MONTHS, H = 100 ft.
TURBINE -GEN SET, E. = 0.85
KW(AVG) KWHR.
JAN 64 48020
FEB 64 43372
LOW
FLOW MAR 64 48020
APR 73 52279
MAY 78 58032
JUN 86 62136
HIGH
FLOW JUL 87 64680 .
AUG 84 62808
SEP 83 59736
OCT 81 60564
LOW
FLOW NOV 65 46470
DEC 56 41664
ANNUAL KWHR = 647,781
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RESOLUTION NO. 5648 (1985 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AGREEMENT BETWEEN THE CITY AND WALTER
BROTHERS CONSTRUCTION COMPANY, INC. FOR CONSTRUCTION OF
A TRAFFIC SIGNAL AT THE INTERSECTION OF SOUTH HIGUERA
STREET AND MARGARITA AVENUE AND RESCINDING
RESOLUTION NO. 5574 (1984 SERIES)
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
1. To approve the agreement between the City and Walter
Brothers Construction Company, Inc. for construction of a traffic
signal at the intersection of South Higuera Street and Margarita
Avenue. (Attached hereto marked Exhibit "A ".)
2. This Resolution rescinds Resolution No. 5574 (1984 Series).
On motion of Councilman Settle seconded by Councilman Griffin,
and on the following roll call vote:
AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day
of April , 1985.
R 5648
• ^ EXHIBIT "A"
AGREEMENT
This agreement. was made and cantered into this 2nd ___day of
April 1985. by and between the CITY OF SAN LUIS
OBISPO, a chartered municipal corporation of the State of California,
hereinafter referred to as "CITY ". and WALTER BROTHERS CONSTRUCTION
COMPANY. INC., hereinafter referred to as, "DEVELOPER "; jointly referred
to hereinafter as the "parties ".
RECITALS
The parties enter intn and execute this agreement with knowledge
of and reliance on the following facts:
I. The City Council of the City of San Luis Obispo by Resolution
No. 4269 (1980 Series) granted DEVELOPER a use permit (U0794 - -A) which
established several conditions for construction of a three -story office
complex at 3220 South Higuera Street.
2. One condition in the use permit requires DEVELOPER to make
certain payments to CITY to finance 35 percent of the construction
costs for a future traffic signal at the intersection of South Higuera
Street and Margarita Avenue:.
3. On March 29, 1982, the parties entered into an agreement by
which DEVELOPER agreed to submit a bond in lieu of cash payments
guaranteeing construction of the traffic signal in question.
4. On January 3. 1984, the parties entered into an amendment to
the March 29, 1982 agreement extending the termination date to
March 29, 1986.
5. On August 23, 1984, DEVELOPER and the State of California
entered into a lease for the premises located at 3190 South Higuera
Street.
6. Condition 33 of said lease requires DEVELOPER to construct a
traffic signal at the intersection of South Higuera Street and
Margarita Avenue prior to August 1. 1985.
7. The intersection in question does not now meet the State of
California minimum vehicular volume warrant which CITY uses to
establish a need for traffic signals.
8. If a traffic signal at the intersection in question were now
warranted. CITY would pay for 65 percent of the construction costs out
of its own funds and construct the signal according to a priority
established by the City Council.
9. DEVELOPER has requested CITY assistance in constructing the
traffic signal in question and setting up a means by which other
surrounding property owners can participate in construction costs as
their properties are developed.
C O
STIPULATIONS
NOW. THEREFORE, in consideration of the mutual and respective
covenants and promises set forth herein and subject to all the terms
and conditions hereof, the parties agree that:
A. DEVELOPER shall design the traffic signal, prepare the
construction contract and specifications all to City standards and
subject to City approvals, and advertise for bids on the construction
contract.
B. DEVELOPER shall award and administer the construction contract
and CITY shall inspect the construction performed.
C. Upon completion of work. DEVELOPER will submit to the City a
certified statement of cost for the project.
D. Within 30 days of receipt of said certified statement. CITY
shall set up a means to assess surrounding property owners for their
share of the construction costs, payable to DEVELOPER when these
properties are developed.
E. As surrounding property owners pay their share of construction
costs for the traffic signal to CITY. CITY shall in turn pay DEVELOPER
whatever amounts are received.
F. CITY shall periodically conduct whatever traffic studies are
required to determine if a traffic signal at the intersection of South
Higuera Street and Margarita Avenue is warranted according to the State
of California minimum vehicular volume warrant. If these studies show
that a traffic signal is warranted and if at that time DEVELOPER has
not been fully reimbursed by surrounding property owners for their
share of construction costs, CITY shall pay DEVELOPER an amount equal
to the remaining reimbursement due. Calculation of this payment shall
not include interest.
G. The parties understand that construction of the traffic signal
in question should ideally be completed prior to October 1, 1985 but
that circumstances beyond DEVELOPERS control may postpone completion
beyond that date. DEVELOPER shall hold CITY harmless from any loss or
liability should construction not be completed before October 1, 1985.
E
Stipulations
Page Two
H. Notwithstanding any of the foregoing provisions. DEVELOPER
shall hold harmless and indemnify the CITY from any and all claims,
lawsuits, or losses arising out of this agreement. including but not
limited to those which challenge the property and authority of the CITY
to contract for and /or install traffic improvements of this nature, at
this location, at this time.
ATTEST: CITY OF
l
T CI Y CLERK P LA �V GES MAJOR M
4 -3 -85
DATE
Walter Br Construe. 'on Co., Inc.
FtiR DE:ai
10t'F C. Walter
President
3 -25 -85
DATE
LUIS OBISPO
E C. RnLIG -
RESOLUTION NO. 5647 (1985 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:
Waterline Improvement Project -
PROJECT: Hillcrest Place - Grove to Park, CITY PLAN NO. H03P
Park Avenue - Wilson to Mill
ESTIMATE: $62,950.00 BUDGET ACCOUNT: 50- 6362- 716(HO3P
BIDDER: _ Dennis O'Brien BID AMOUNT: $47,738.05
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, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day of April
ity E 'veer
R 5647
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III
RESOLUTION NO. 5646 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
Sewerline Improvement Projects,
PROJECT: King St. and Beebee Street - CITY PLAN NO. J02R & J03R
Branch St. to South St. 52- 7062- 733(J03R)
ESTIMATE: $32,220.00 BUDGET ACCOUNT: 52- 7062- 733(J02R)
BIDDER: R. Baker, Inc.
BID AMOUNT: $22,333.00
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, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day of Mril ,
APPROVED:
City d istrative Officer
C
City E01-deer
R 5646
a
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c
RESOLUTION NO. 5645 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING AN ART IN PUBLIC PLACES PROGRAM
VdIMEAS, the City of San Luis Obispo enjoys a unique natural setting which
inspires human achievement and appreciation of the arts, and
VEEREAS, the City is committed to the aesthetic and humanistic values
embodied in the arts and to expanding opportunities for its citizens to
experience art, and
4HtEAS, the Council seeks to preserve and enhance the quality of life
within the community in part through support of the arts, and
YdE2EAS, the City has a diverse range of artists, artisans and
craftspersons, highly skilled in creating works of art for public benefit, and
*0RREAS, the City seeks to encourage public art in public and private
development projects,
TBEREFORE, BE IT RESOLVED by the City of San Luis Obispo as follows:
SFlcrioN 1. Definitions.
"Works of art" shall include, but not be limited to all paintings, mural
decorations, stained glass, fiber work, statues, reliefs or other sculpture,
monuments, fountains, arches, or other structures. The term shall also
include, but not be limited to, frescoes, carvings, mosaics, mobiles,
photographs, drawings, collages, prints, crafts both decorative and utilitarian
in clay, fiber, wood, metal, glass, plastics and other materials, and works in
the fields of music, literature, theatre, dance, and film.
"Public art" shall mean any work of art which is visible and physically
accessible from public rights -of -way or other public property, including but
not limited to public streets, sidewalks, plazas, parks, buildings, and
semi -public facilities which receive public funds, including but not limited to
theaters, museums, historical sites and.hospitals.
R 5645
Resolution No. 5645 (1985 Series)
Page 2
"Development project" shall mean any privately or publically funded
construction project intended for public or private use.
SECTION 2. The City of San Luis Obispo encourages and supports the
inclusion of public art within development projects, when consistent with other
city goals, policies; and standards. The City retains all develcpment review
and approval authority.
SECTION 3. The San Luis Obispo Arts Council is recognized as an
organization with broad interest in and concern with art throughcut the
eomminity; and thus, qualified to serve as a catalyst for the Art in Pubic
Places Program.
SECTION 4. The City Council shall evaluate the Art in Public Places
Program in three years.
PASSED AND ADOPTED by the Council of the City of San Luis Obispo at a
meeting thereof held on the 19th day of March 1985, on motion
of -- Cauncilman- Griffin -- - - - -; seconded by Councilman- Settle - --- - -; and on
the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
PC67 *-TIWM
AnC WM . 7,T,,.
0
Resolution No. 5645 (1985 Series)
Page 2
- Cam- ..
City Administrative Ifficef
Caa�ty Develcpmerft Director
RESOLUTION NO. 5644(1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING SELECTION OF A SMALL HYDROELECTRIC PROJECT DEVELOPER
WHEREAS, the City of San Luis Obispo wishes to develop
additional hydroelectric facilities at its water treatment plant,
and;
WHEREAS, the City has determined it is in its best interest, at
this time, to use private developers for this project, and;
WHEREAS, the City has adopted policies and procedures for the
development of public works projects pursuant to its powers as a
chartered municipal corporation, and;
WHEREAS, the City Council, as purchasing authority, has
previously approved the use of a Request for Proposal in lieu of an
Invitation To Bid and authorized City staff to solicit proposals from
prospective developers, and;
WHEREAS, evaluation of the proposals received have been
completed.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
San Luis Obispo as follows:
Section 1. The City Council hereby designates Energy Partners as
the selected developer for the small hydroelectric project and
authorizes City staff to negotiate contract to design, finance and
construct said facility.
R 5644
n
i 1
Resolution No. 5644(1985 Series)
On motion of Councilman Settle , seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 19th day
of March , 1985.
City
City
Public Works Director
iA
C�
RESOLUTION NO. 5643, (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AGREEMENT BETWEEN THE CITY AND CITY NATIONAL BANK
FOR THE LEASE PURCHASE FINANCING OF THE CITY'S FINANCIAL MANAGE-
MENT INFORMATION 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
City 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 215, Encino, CA., 91436; and to
the City Finance Director.
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 19th day of March
City
City
R.
Finance Director tl
R 5643
I
PERSONAL PROPERTY LEASE jIBIT A
85 -14
THIS PERSONAL PROPERTY LEASE ( "Lease ") is made and entered into as of this 13th day of
March ly 85 , by and between CITY NATIONAL BANK
("Lessor") and CITY OF SAN LUIS OBISPO ( "Lessee ").
WITNESSETH:
For and in consideration of the mutual covenants hereinafter set forth. the parties hereto agree as follows:
1. LEASE, Lessor hereby leases to Lessee, and Lessee hereby leases and hire$ 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.
Z. TERM. The term of this Lease respecting each item of Property commences and terminates as of the dates
designated in the respective Lease Schedule
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 set forth in the
Schedule. 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 fee defined as interim rent and equal to a rate of Nine & 78 /10$ercent( 9.78 0)
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 commences 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 agrees, upon demand by the Lessor, to reimburse the Lessor the amount of
all advance, partial, or progress payments made by Lessor together with a fee thereon at the rate of Nine & 78/100
percent ( 9.78 %.) 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 national, state, municipal, police, and other laws, ordinances. and regulations in anywise relating to the posses-
sion, use. or maintenance of the Property. If. at any time during the term hereof, Lessor supplies Lessee with
labels, 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.
5. 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 other judicial process affecting any item of
Property and shall. whenever requested by Lessor, advise Lessor of the exact location of the Property.
7. PROPERTY SELECTION AND ORDERING. Lesson has selected the typo, quantity, and suppliers of the
Property leased hereunder. Lessee shall ensure that all Property to 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 reason. Lessee shall make any claim on account thereof solely against said supplier. LESSEE 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
ASSIGN, WITHOUT RECOURSE OR WARRANTY, ITS RIGHTS AND TITLE OF SAID PURCHASE ORDER AND ANY
INVOICE TO LESSEE.
8. DISCLAIMER OF WARRANTY. LESSOR, NOT BEING THE MANUFACTURER OR SUPPLIER OF ANY OF
THE PROPERTY NOR A DEALER M 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 -)
FITNESS FOR USE, SUITADLL[TY, OP " _ER CHANTABILITY OF THE PROPERT�IN ANY RESPECT, AND AS BE-
TWEEN LESSOR AND LESSEE, ALL :. iPERTY SHALL BE ACCEPTED AND Lv, -SED BY LESSEE "WHERE IS,"
"AS IS," 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 alterations, addi-
tions, or. improvements to the Property. All additions and improvements of whatsoever kind or nature made to the
Property shall belong to and become the property of Lessor upon the expiration or earlier termination
o`her items that may se•
"Lessor will not unreasonably withhold permission for the Lessee to attach to the Property
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
term. "
10. REPAIRS. Lessee, at its own cost and expense, shall keep the Property in good repair, condition, and
working order and shall furnish any and all parts mechanisms, and devices required to keep the Property in 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 lose and damage to the
Property from any and every cause whatsoever. No lose 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.
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 form and
amount and with companies approved by Lessor.• and shall be in the joint names of Lessor and Lessee. Lessee shall
pay the premiums therefor 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 Lessor, 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 for, receive payment of, and execute and endorse all documents, checks,
or drafts for lose or damage under any said insurance policy.
13. TAXES. Lessee shall keep the Property free and clear of all levies, liene,. and encumbrances and shall pay
all licennefces, registration fees, assessments, charges and taxes (municipal, state, and federal) which may now or
hereafter be imposed upon the ownership. leasing, renting. sale. possession. or use of the Property. excluding, 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 hereinbefore specified. Lessor shall have the right. but shall not be
obligated, to effect such insurance or pay said fees, assessmente, charges, and taxes as the case may be. In that
event, the cost thereof shall be repayable to Lessor with the next installment of rent, and failure to repay the same
shall carry with it the same consequence. 'including Interest at ten percent ( 10 01a) per annum, as failure to pay any
installment of rent.
15. INDEMNLTY. To the extent the law allows, Lessee shall indemnify Lessor against and hold Lessor harm-
less from any and all claims, actions. suite, proceedings, costs, expenaea, damages, and liabilities, including
attorneys' (tee, arising out of, connected with, or resulting from the Property, including without limitation, the
selection, possession. use, operation, 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 Lessor
performance of any of the terms and conditions hereof, all Lessee's rights hereunder re ea inane of and
t shall bear
shall become entitled to possession of the Property and to retain all rentals. Any p ast p Yrn
interest at the rate of ten percent (10 01o) 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 permitted, 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.
18. LESSOR'S EXPENSES. Leeeee shall pay Lessor all costa and expenses, including attorneys' fees, incurred
by Lessor in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provi-
sions hereof.
19. ASSIGNMENT. Without the prior written consent of Lessor. Lessee shall not (a) assign, transfer, pledge,
L -3 - Z
or hypothecate this Lease, the Property, or auy P.n urcrcvi, : ...j .:.. :.. .... .. ...., :. = _'
party or any part thereof. or permit r' Property or any part thereof to be udt' - �y anyone other than Lessee or
Lessee's employees. Consent to and the foregoing prohibited acts applies o, in the given instance and is not a
consent to any subsequent like act by Lessee or any other person. Subject always to the foregoing, this Lease inures
to 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,
and the Lessee shall have no right. title._or interest therein or thereto except as expressly act forth in this Lease,
21. PERSONAL PROPERTY. The Property is and shall at all times be and remain 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 in. or permanently resting upon, real property or any building thereon, or attached in any manner to
what is permanent by means of cement* plaster, nails, bolts, screws, or otherwise,
Z2. INTEREST. Should Lessee fall to pay any part of the rent herein reserved or any other sum required by
Lessee to be paid to Lessor within ten (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 (1054) 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 in any regard whatsoever shall not constitute a waiver of the covenant or condi-
tion to be performed by Lessee to which the same may apply, and, until complete performance by Lessee of said
covenant or condition. Lessor shall be entitled to invoke any remedy available to Lessor under this Lease or by law or
in equity despite said 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 ootely 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 located in as good a condition as when received, normal wear and tear excepted. If 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.
Z5. ENTIRE AGREEMENT. This instrument and the related Lease Schedules constitute the entire agreement
between Lessor and Lessee, and it shall not be amended, altered, or changed except by a written agreement signed
by the parties hereto.
26. NOTICES. Service of all notices under this agreement shall be sufficient if given personally or mailed to
the party involved ai'ito respective address hereinafter act 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.
Z7. TITLES. The titles to the paragraphs of this Lease are solely for the.convenitace 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.
Z9. LEASE INTERPRETATION. This Lease and the rights of the parties hureundcr shall be determined in ac-
cordance with the laws of the State of California.
IN WITNESS WHEREOF. the parties hereto have executed this .Lease as of the day and year first above written.
CITY NATIONAL -BANK. CITY OF SAN LUIS OBISPO
(Lessor) (Led seel
400 North Roxbury Drive 990: Palm Street, P.O. Box 8100
Beverly Hills, CA 90210 San Luis Obispo,. CA 93403 -8100
(Address) ^ %� n (Address tr)
By By
I,iavor Vel ie C.
By At
City glerk Pame
PL -3 - 3 -
—,LEASE SCHEDULE No. 85 -14 -01
This Lease Schedule is issued pursuant to the Personal Property Lease dated as of March 13, 1985
by and between the undersigned.
A. Eouipment Location:
San. Luis Obispo County
B. Equipment Description: Financial Management Information System
C. Name and Address of Supplier(s):
D. Equipment Detail and Cost Summary:
Item Number
Serial Number
Type and Model
Amount
1
Financial Management Information System
$186,002.52
consisting of Computer Hardware and
Software
Equipment Cost
$186,002.52
Applicable. Sales Tax
(included)
$186,002.52
TOTAL COST:
E. Lease Term. The lease term respecting each item of equipment listed on this Schedule is Five (5)
years commencing on the 19th day of March 1985 and ending on the 19th day of
March 1990
F. Payments of Rent. The lease rentals for this Schedule are due in Five (5) consecutive payments
in accordance with the Payment Schedule outlined in Section G. Each rental includes interest at the rate of
9.78 % per annum on the unpaid principal balance.
CITY NATIONAL BANK
400 North Roxbury Drive
Beverly Hills, CA 90210
(Lessor Name and Address)
CITY OF SAN LUIS OBISPO
990;. = Palm Street, P.O. sox 3100
San_ Luis Obispo, CA 934013 -8100
By By
Title
"ttest:-
city
Date Date
LS -1
(Lessee Name and Address)
(Continue
five annua in advance paymenLs
6 -14 -UI
Payment
Number
Due Date
✓
Rent
Purchase
Option
To
Principal
To
Interest
1
On Acceptance
$ 449445.00
- - - --
$449445.00
$ 9
2
44,445.00
$1609065.00
30,601.00
13,844.00
3
44,445.00
125,464.00
33,593.00
. 10,852.00
4
44,445.00
87,479.00
36,879.00
7,566.00
5
44,445.06
44,446.00
40,484.52
3,960.48
1.00
TOTALS:
$222,225.00
$186,002.52
$36,222.48
H. Purchase Option, Lessee shall have and is granted, provided it is not in default hereunder, 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 set forth in the Payment Schedule. Further, 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 right,
title, and interest in the Equipment for $1.00 at any time after the Anal payment of rent. The Lessor covenants
that it will, 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.
I. 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 due and unpaid as of the
termination date equal to the interest amount specified in the next succeeding rental payment.
J. Special Conditions:
Approved and agreed to:
CITY NATIONAL BANK
(Lessor)
By
Title
Date
LS -1
CITY OF SAN LUIS OBISPO
(Lessee)
By
LON
Attest: /
City lerk Pa a V
Date 3 - ,
` .,
85 -14
PROGRESS PAYMENT'AGREEMENT
This Progress Payment Agreement is entered into pursuant to the Personal Property
Lease, hereinafter "Lease," dated March 13. 1985 , between
CIT-Y_NATIONAL BANK as "Lessor" and
CITY OF_SAN LUIS OBISPO : as "Lessee."
WHEREAS, Lessee shall request Lessor to order Property to be leased under said
Lease from the supplier, the terms of which may require Lessor to make progress
payments to the supplier prior to delivery and acceptance of the equipment; and
WHEREAS, Lessor is willing to order the Property upon such payment terms after
Lessee's execution of said Lease agreement;
NOW, THEREFORE, Lessor and Lessee agree as follows:
1. Lessor shall make progress payment advances to the supplier upon
approval.and at the sole direction of the Lessee for up to a maximum
• :. 11
2. Lessee agrees to reimburse Lessor for and indemnify Lessor against
all costs, expenses, and other liabilities incurred in connection
therewith.
3. The interest rate charged the Lessee and the.method of repayment by
the Lessee shall be in accordance with the terms of Section 3 of the
Personal Property Lease.
4. At the sole option of the Lessor, the sum of all progress payments
and accrued interest (interim rent) thereon may be declared "due and
payable after Six (6) months have elapsed from the date of
the Lease if the Property to be leased has not been accepted by the
Lessee as of that time.
5. Lessee agrees to make payment in full to Lessor for the amounts
referred to in 4, hereinabove within ten (10) days of Lessor's written
demand therefor.
6. The provisions of this agreement are in addition to the terms and
conditions of the Lease.
The parties hereto have witnessed this agreement on the day of 19
LESSOR LESSEE .
CITY NATIONAL BANK Z-_"CTV OZ M LUIS,OBISPO
By. By.
Ma or 1 el
Title: Attest:-> f� �.
City g1erk
I. ,
�l�y��u�oa -f
�iha.nc�
�il-�
leas/ , , �lU��; , O
`� 0_
RESOLUTION NO. 5642 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 807
VILLA BIANCA
WHEREAS, the subdivision improvements for Tract 807 have
been satisfactorily completed,
NOW THEREFORE BE IT RESOLVED by the Council of the City
of San Luis Obispo that the public improvements for Tract 807
are hereby accepted for maintenance by the City of San Luis
Obispo and the Council authorizes the release of 90 percent of
the performance bond in accordance with the subdivision
agreement.
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 19th - day
Of March 1985.
ATTEST:
R 5642
Resolution No. 5642 (1985 Series)
Page 2.
APPROVED:
City Aftinistrative,Officpr
)fft-=y) gineer
'v
3
�J
RESOLUTION NO. 5641 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 585, WINDSONG
ESTATES
WHEREAS the subdivision improvements for Tract 585 have been satis-
factorily completed,
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo that the public improvements for Tract 585 are hereby accepted for
maintenance by the City of San Luis Obispo and the Council authorizes the
release of 90 percent of the performance bond.
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 19th day of March ,
1985.
ATTEST:
6 1)6 cl,0 —
CITY ERK PAMELA OGE
APPROVED:
City Administrative Officet
City At rney
City En & eer
R 5641
„((LL�rr
�7 � 0 �Cl,./yvi1,/ /
CCC (//
C,I
i�
RESOLUTION NO. 5640(1985 Series)
A RFSOLUTICU OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING AN EXCEPTION FROM THE GROWTH MANAGEMENT REGULATIONS
FOR SOUTHWOOD APARTMENTS AT 1045 SOUTHhMD DRIVE
The Council of the City of San Luis Obispo resolves:
SECTION 1. Findings.
1. In accordance with state and city environmental review guidelines (Section
15305); the exception request is determined to be categorically exempt; as
a minor alterarion in land -use limitations.
2. As provided in the Residential Growth Management Regulations (S.L.O.M.C.
Section 17.88.040):
A. The project provides a unique opportunity to help meet the rental housing
needs of low= and moderate wealth households; and
B. It would not be desirable to construct the project in three or more
phases because it consists of an integrated group of buildings to be
built with tax exempt bond financing; and
C. Completion of the project would not significantly conflict with the
long -term objectives of the regulations, considering recent and
anticipated construction levels, because occupancy of Phase 3 will be
delayed.
SECTION 2. Action. The Southwood Apartment project (ARC 83 -129; GP /R
1169); consisting of 168 apartment units at 1045 Southwood Drive; is exempt
provided that the developer enters into an agreement assuring that occupancy of
Phase 3 takes place no sooner than April 1; 1986.
On motion of Councilman Dunin, seconded by Councilman Settle, and on the
following roll call vote:
AYES: Councilmembers Dunin, Settle; and Dovey
NOES: Councilman Griffin and Mayor Billig
ABSENT: None
R 5640
the foregoing reesolution was passed and adopted this 5fh. = =_ day
cf March. -- ____ -, 1985.
ATTESTa
Cit Clerk PAMELA ES
APPROVED:
�Q
City Aden nlistrative O fice,
-- - -- -=-- L - - - --
City At rney
Community Development Director
�s
�=i%
.,
,,
o
RESOLUTION NO. 5639(1985 Series)
A RESOLUTION- OF•;'_,THE COUNCIL.OF ' .THE CITY OF SAN LUIS.OBISPO
INCREASING APPROPRIATIONS, REVENUES, AND RESERVES FOR THE
WHALE ROCK FUND FOR THE 1984 -85 FISCAL YEAR
BE IT RESOLVED by the Council of the.City of'San Luis Obispo
as follows: -
SECTION 1. That the following-dppropriations be increased as
follows:
(50) 64- 9508 -081 Engineering Services $ 30,000
(50) "64- 9505 -052 Electrical Expense 85,000
$115,000
SECTION 2. That the following "reveriues'be "increased as follows:
64- 1885 -010 Basic Operating
Revenue 165,000
SECTION 3. That the following "- reserves be increased as follows:
64- 0430 -000 Capital Replacement
Reserve 50,000
On motion of_Councilman Griffin seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of March
R 5639
APPROVED:
City A dMinistritive Office
City At -A rney
Finance Direc r'
rk.
n ':"I I
p mce O
i RESOLUTION NO. 5638(1985 Series)
r
A RESOLUTION _OF: THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
r` INCREASING APPROPRIATIONS AND.REVENUES FOR THE GOLF COURSE
FUND FOR THE 1984 -85 FISCAL YEAR
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That the following appropriations be increased as
follows:
(50) 54- 5901 -002 Part -Time Salaries $10,000
(50) 54- 5905 -053 Water 6,000
p (50) 54- 5908 -092 Equip. Maintenance 1,000
(50) 54 -5912 -236 Cost of Goods Food 2,000
$19 000
.SECTION 2. That the following revenues be increased as follows:
54 -1778 =010 Food Sales 5,000
54 -1778 -020 Merchandise Sales (15,000)
54- 1779 -010 Green Fees 25,000
54- 1779 =030 Rentals 2,000
54- 1779 -050 Lessons 2,000
$19,000
On motion of Councilman Griffin seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of March. ,
1985.
R 5638
7t ik i%jCit]Y *i'C *it�c �C iC �C *ic�e7t7t]'t'�t �f
APPROVED:
City Administrative Offi ei
Finance Direc r
IT
;9"
�i �'�'`��'� O
����
RESOLUTION NO. 5637 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING
APPROPRIATIONS AND DECREASING RESERVES FOR THE SEWER FUND FOR THE 1984 -85
FISCAL YEAR
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the following appropriation be increased as follows:
(50) 52 -7108 -093 Lab Services $10,000
SECTION 2. That the following reserve be decreased as follows:
52- 0410 -000 Contingency Reserve ( 10,000)
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
ATTEST /
V�
City lerk Pamela Vog
ro-4j� OL -6
City Administrative
City At
Finance Direc
f
5th day of March, 1985
R 5637
F-z nallre,�,
C�
RESOLUTION NO. 5636 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING
APPROPRIATIONS AND REVENUES FOR THE CAPITAL OUTLAY FUND FOR THE 1984 -85
FISCAL YEAR
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the following appropriation be increased as follows:
(90) 40 -5861 -629 Pool Improvements $222,700
(90) 40 -5861 -629 Tot Pool 34,000
$256,700
SECTION 2. That the following revenues•beiincreased as' follows:
40- 1433 -010 Pool Facilites Grant $222,700
40- 1611 -030 Tot Pool Contribution 17,000
On motion of Councilman Griffin
$239,700
seconded by Councilman Settle
and on the following roil call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of March, 1985
ATTEST
City qlerk Pamela Voges
City Administrative/Officer
City Atto#ney
Finance Director
R 5636
I
RESOLUTION NO. 5635 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING
REVENUES FOR THE TRANSPORTATION DEVELOPMENT ACT (SB -325) FOR THE 1984 -85
FISCAL YEAR
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the following revenues be increased as follows:
23- 1434 -000 Street Funds $130,000
53- 1434 -000 Municipal Bus Funds 99,000
$229,000
On motion of Councilman Griffin seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of March, 1985
APP OV D:
Yra.A -e- a� s�
Cit y Ad 'nistrative 0�
City Att ney
O
Finance Direc r
R 5635
�i�IC�C'� � �
�i� �=�
RESOLUTION NO. 5634 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING
APPROPRIATIONS FOR THE BUSINESS IMPROVEMENT AREA FUND FOR THE 1984 -85
FISCAL YEAR
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the following appropriations be increased as follows:
(05) 15 -5514 -409 $ 8,000
(05) 15 -5503 -034 22,000
On motion of Councilman Griffin , seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of March, 1985 .
APPROVED: O
City Administrative " f cer
Finance Dire cy6r
R 5634
Finaivr Ce-
RESOLUTION NO. 5633 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING
REVENUE ESTIMATES AND DECREASING RESERVES FOR THE PARKS FUND FOR THE
1984 -85 FISCAL YEAR
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the following revenue estimate be increased as follows:
11- 1013 -020 Subdivision Park in -Lieu Tax $150.000
SECTION 2. That the following! reserves be decreased as follows:
11- 0430 -010 Park in -Lieu Reserves ( 17,000)
to be transferred to Capital Outlay Fund for the Tot Pool.
On motion of Councilman Griffin , seconded by Councilman Settle
and on the following roll call vote: <<
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th _ day of March, 1985
APP 0 D:
R 5633
C �
RESOLUTION NO. 5632 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
INCREASING APPROPRIATIONS, RESERVES; AND REVENUE ESTIMATES
"> AND ESTABLISHING RESERVES FOR THE GENERAL FUND FOR THE 1984-
1985 FISCAL YEAR
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That the following appropriations be increased as foll-
ows:
R 5632
(40) 01- 3201 -002.
Part =Time Salaries
$ 7,000
(40) 01- 3208 -081
Contract Services
60,000
__.
(40) 01- .3221 -466
Building Inspect -ions
25,000
„ ..;
$92,000
. < SECTION 2. That
the following reserves be
increased as follows:
"-?
01- 0410 -000
General Reserve
200,000
�'-
10- 0430 -000
Library Reserve
200,000
~
$400,000
-
SECTION 3.. -That
the following reserves be
established as follows:
01- 0417 -100
Reserve for Loss of
Revenue Sharing
$600,000
SECTION 4. The following revenue estimates
be increased as follows:
J
01 -1007 -000
Sales Tax $
500,000
01- 1427 -010
Motor Vehicle
In -Lieu
500,000
01- 1117 -010
Construction Permits
25,000
{%
01 -1546 -000
Plan Check Fees
70,000
01- 1548 -000
Engineering & Inspec-
tion
30,000
'
01- 1010 -010
Business License Tax
25,000
$1,150,000
R 5632
On motion of --Councilman Griffin-
seconded by Council man,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-dnd adopted this-5th' day of March, 1985
ATTEST:
City CrIerk Pamela_V5ges)
APPROVED:
City Administrative Officer
City'Atto ey
FinanLe Direcu r
m
RESOLUTION NO. 5631 (1985 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
APPROVING PLANS FOR THE LOS OSOS VALLEY ROAD EXTENSION
PROJECT, CITY PLAN NO. E -08, AND AUTHORIZING
TRANSMITTAL OF THE APPROVED PLANS TO THE STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION, TO PROCEED
WITH ADVERTISING.
WHEREAS, the Council has included the Los Osos Valley Road
Extension Project as an important project in the Five -Year Capital
Facilities Plan to improve traffic circulation, police and fire
response time; and
WHEREAS, the Council adopted a resolution requesting the State
Department of Transportation to approve the project for Federal -Aid
Urban (FAU) funding; and
WHEREAS, the Council adopted a resolution approving an agreement
between the City and the State of California authorizing the
preparation of environmental documents, plans and specifications, and
expenditure of City FAU funds for the project; and
WHEREAS, the Engineering Division of the Public Works Department
has completed the plans, specifications and cost estimate for the
project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of San Luis Obispo, California hereby:
1. Approves the plans prepared by the Engineering Division of
the Public Works Department for construction of the extension of Los
Osos Valley Road to connect South Higuera Street with Highway 101,
entitled "Los Osos Valley Road Extension Project, City Plan No.
E -08 ", attached hereto marked Exhibit "A" and incorporated herein by
reference;
R 5631
Resolution No. 5631 (1985 Series)
��D
2. Authorizes the Director of Public Works to transmit the
approved plans to the State of California, Department of
Transportation, to be advertised, awarded, and constructed by the
State;
to:
3. Directs the City Clerk to furnish a copy of this resolution
W.W. Evans
Department of Transportation
District 5 Office
P.O. Box L
San Luis Obispo, CA 93403
A copy to the Director of Public Works and Finance Director.
On motion 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
Resolution No. 5631 (1985 Series)
the foregoing Resolution was passed and adopted this 5th day
of March , 1985.
ATTEST: // ,,
U
CI ME
CLERK PALA V ES`
APPROVED:
,0,Q-�,5
City Administrative Offi er
City
Director of
Director of Public Works
s s s s s s s s
Ave-,,
�W 7ans AIA"
- 1 1) i •Iz. i"
'P. -.-
(:,-! jo:-71-1,4111
RESOLUTION NO. 5630 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE CAPITAL FACILITIES PLAN FOR THE 1984 -85
FISCAL YEAR AND THE APPROPRIATIONS THEREFOR
BE IT RESOLVED by the Council of the City of San Luis
Obispo that the Capital Facilities Plan appropriations by
fund, as detailed below, are hereby adopted for fiscal year
July 1, 1984, through June 30, 1985. Said appropriations to
include Revenue Sharing funds for projects as specified in
Exhibit "A" attached and incorporated herein by reference.
BE IT FURTHER RESOLVED that the Capital Facilities Plan
for fiscal year 1984 -85, as amended, on file in the office of
the City Clerk is adopted.
FUND APPROPRIATION
Streets (inc. $776,000 FAU funds) $ 900,000
Revenue Sharing 677,300
Parking 20,000
TOTAL $1,597,300
On motion of Councilwoman Dovey , seconded by Councilman
Settle , and upon the following roll call vote:
AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was adopted on March 5, 1985.
ATT : T
CIT CLERK PkIELA/ 0GES
* * * * * * * * * *
R 5630
APP D:
0";o
City Administrate e Of ices
EXHIBIT "A"
REVENUE SHARING APPROPRIATIONS
FOR FISCAL YEAR 1984 -85
Amtrak Terminal
Bus Operations Maintenance Yard
Corporation Yard Lease Payments
TOTAL
$ 300,000
77,300
300,000
$ 677,300
� �� C �7
/�a.`iC�
RESOLUTION NO. 5629 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO,.
APPROVING THE FINAL MAP FOR TRACT 1194.(RAME - -SH SHAH., SUBDIVIDER)
WHEREAS, the City Council made certain findings concerning Tract 1194 as
contained in Resolution No. 5349 (1985 Series); and
WHEREAS all fees have been received; and.
WHEREAS all other conditions-.required per Resolution No. 5349 (1985 Series)
for Tract 1194 have been met.
NOW, THEREFORE BE IT RESOLVED that approval is hereby granted for the final
map for Tract 1194.
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 5th day of March
1985. -
ATTES
U
CIT-T `CLERK- PAMELA- VOPES ..
APPROVED:
CITY ADMINISTRATIVE DFFICEP4
CITY ATTO EY - - - - -__
CITY EN E --- - ". -.- --
YEA 4
C0164UNITT D VE OPMENT:DIRECTOR
U
}
R 5629
Ill
RESOLUTION NO.. 5628 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
ROGER PICQUET TO PROVIDE TEMPORARY ADDITIONAL
COMPENSATION
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
City and Roger Picquet is hereby approved and the Mayor is authorized
to execute the same.
On motion of Councilwoman.Dovey seconded by Councilman
Settle , and on the following roll call vote:
AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of
March , 1985.
ATTE
CIT CLERK PAIMEA U GES
* * * * * * * * * *
R 5628
EXHIBIT "A"
AGREEMENT
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
ROGER PICQUET WHEREBY CITY PROVIDES TEMPORARY
ADDITIONAL COMPENSATION CONSISTENT WITH
RESOLUTION NO. 5201 (1983 SERIES).
This AGREEMENT is made and entered into this 5th day
of March 1985, by and between the City of San Luis Obispo,
a chartered municipal corporation of the State of California ( "City "),
and Roger Picquet, an individual ("Picquet "); jointly referred to
herein as the "parties ").
RECITALS
The parties enter into and execute this Agreement with knowledge
of and reliance upon the following facts:
1. CITY appointed PICQUET to the position of City Attorney for
the City of San Luis Obispo by Resolution No. 5201 (1983 Series).
2. PICQUET accepted employment with CITY for the compensation
fixed and established by Resolution No. 5201 (1983 Series) of the San
Luis Obispo City Council, subject to the terms and conditions of said
Resolution.
3. CITY and PICQUET intend by this Agreement to implement
subsection H of Resolution No. 5201 (1983 Series), to wit, subsection
H. entitled "Temporary Additional Compensation"
NOW, THEREFORE, in consideration of the mutual and respective
covenants and promises set forth herein, the parties agree to the
following terms and conditions:
TERMS AND CONDITIONS
A. CITY and PICQUET accept the terms set forth in subparagraphs
(1) through (12) below for purchase by PICQUET of that certain real
1
property located at 2337 Ganador Court, San Luis Obispo, California,
whose legal description is:
Lot 15 of Tract 736, Exposition Park Unit No. 2, in the City of
San Luis Obispo, County of San Luis Obispo, State of California,
according to map recorded December 11, 1978 in Book 9 at Page 87
of Maps.
hereinafter referred to as "said real property ":
(1) PICQUET, by separate instrument, shall purchase and take fee
title to said real property for the total purchase price of $147,500
(One Hundred Forty -Seven Thousand, Five Hundred Dollars), and shall
occupy and use said real property as his principal residence...
(2) PICQUET shall: make a down payment of approximately $31,500;
'transfer his existing Department of Veteran Affairs ( "Cal- Vet ") loan,
with an approximate balance of $49,000, from his residential property
in Modesto, California, to said real property in San Luis Obispo; and
apply the entire balance to the property in accordance with Cal -Vet
regulations and requirements.
(3) CITY shall loan PICQUET the total sum of $67,000 (Sixty -Seven
Thousand Dollars), subject to the terms and conditions set forth below,
and secured by a Deed of Trust, as forth below, to assist PICQUET
in purchasing said real property. CITY shall deposit said sum into
escrow with Safeco Title Insurance Co. with appropriate escrow
instructions consistent with this Agreement.
(4) On or before the close of escrow on said real property,
PICQUET shall execute a promissory note in the form attached hereto as
Exhibit "A" and a Deed of Trust in the form attached hereto as Exhibit
"B ". Said note and Deed of Trust shall contain the following
acceleration clause:
Beneficiary (or Holder) shall have the right, at its option, to
declare all sums secured hereby immediately due and payable within
thirty (30) days after such declaration, if Trustor (or Maker):
-2-
C�n
(a) conveys, transfers or assigns the property or any part
thereof, whether by deed, contract of sale, lease with option to
buy, or otherwise; or (b) further encumbers said property, which
encumbrance jeopardizes Beneficiary's security interest therein,
or alienates the property or any part thereof; or (c) leases the
property or any part thereof for a term, together 'with all
exercisable options, of one year or more; or (d) suffers his
title or any interest therein to be divested whether voluntarily
or involuntarily, or (e) changes or permits to be changed the
character or use of the property, including, without limitation,
drilling, or extracting oil, gas, or other hydrocarbon substances,
or any mineral of any kind or character, (f) makes a gift of any
or all of said real property; or (g) if a suit be commenced for
the partition or sale of said property. ADDITIONALLY, BENEFICIARY
(OR HOLDER) SHALL HAVE THE RIGHT, AT ITS OPTION, TO DECLARE ALL
SUMS SECURED HEREBY IMMEDIATELY DUE AND PAYABLE WITHIN NINETY.(90)
DAYS AFTER SUCH DECLARATION, IF TRUSTOR (OR MAKER) RESIGNS, OR IS
DISMISSED, OR FOR ANY OTHER REASON VACATES HIS OFFICE OR
EMPLOYMENT WITH BENEFICIARY.
Said note and Deed of Trust shall also provide for a late payment
charge of two percent (2%) of any installment due but not paid within
ten (10) days of the due date.
(5) The promissory note referred to in subparagraph (4) above
(Exhibit "A ") shall be in the amount of $67,000 (Sixty -Seven Thousand
Dollars), and shall be fully paid on or before March 31, 1989 (the "due
date "). Said note shall accrue interest at the rate of 5% per annum
from and after March 31, 1985. Interest shall be paid monthly, on or
before the 1st day of each month, beginning May 1,1985. Said note
shall be secured by a Deed of Trust on said real property in the form
attached hereto as Exhibit "B ". PICQUET may prepay said note in whole
or part, without penalty or premium, at any time.
(6) Notwithstanding the immediately preceding subparagraph, if
PICQUET is still employed by CITY thirty (30) days prior to the due
date of the note described in subparagraph (5) above, he shall have the
option, which is personal to him, nonassignable, and nonassumable, to
request that the due date on said note be extended an additional one
-3-
year. If the request is in writing and filed with CITY'S City Clerk,
between one and thirty days prior to the due date of the note, then
CITY shall extend the note for an additional one year, subject to the
following conditions:
(i) the principal sum of $67,000 (Sixty -Seven Thousand Dollars)
shall accrue interest at the rate of 12% per annum from and after
March 31, 1989;
(ii) PICQUET shall make monthly payments of interest only in the
amount of Six Hundred Seventy.Dollars ($670.00) to CITY on the
first (ist) day of each month, commencing May 1, 1989.1
furthermore, PICQUET shall have the personal, non - assignable, and
nonassumable option to request a one -year extension of the due date of
the note described in subparagraph (5) a maximum of four times,
including the request for the first extension, provided he is still
employed by the CITY at the time of such request and provided he
requests each extension in writing and files the same with CITY'S City
Clerk, within thirty days prior to the due date of the note (as it may
be extended). If PICQUET is so employed and does so request., CITY
shall extend the due date of the note for the one year requested.
(7) PICQUET shall pay all taxes on said real property, all
utilities, and all assessments, and further agrees to repair and
maintain said real property in good condition at his expense.
(8) PICQUET agrees to, as of the date of the close of escrow of
said real property, to provide, maintain and deliver to CITY a
certificate of all risk and liability insurance in conformance with
Cal -Vet requirements, wherein the CITY is named insured, in an amount
of not less than One Hundred Forty -Six Thousand Five Hundred Dollars
-4-
C. O
($146.500.00). PICQUET shall maintain said certificate of fire
insurance in full force and effect during the life of the notes and
deeds of trust described above. Said certificate of fire insurance
shall provide that said fire insurance cannot be terminated or
cancelled or substantially changed without thirty days advanced written
notice to both PICQUET and CITY. CITY'S address for purposes of this
subparagraph shall be: City Clerk, City of San Luis Obispo, P. 0. Box
8100, San Luis Obispo, California 93403 -8100.
(9) Prior to the close of escrow of said real property, PICQUET
shall provide to the CITY a copy of the Preliminary Title Report on
raid real property. Within five days after close of escrow, PICQUET
shall provide to CITY (a) a copy of the Title Report on said real
property showing title vested in Roger Picquet and Sharon Dvorak,
subject only to the interest of the Department of Veteran Affairs, as
described in subparagraph (2) above, and the Deed of Trust in favor of
CITY, as described in subparagraph (5) above, and such covenants,
conditions, restrictions, reservations, rights and rights of way of
record, easements and exception of minerals, oil, gas, water, carbons .
and hydrocarbons on or under said real property, of record as of the
date of this Agreement; and (b) an ALTA policy of title insurance in
Safeco Title Insurance Co.'s usual form, issued for the protection of
CITY, with a liability of not less than $67,000 (Sixty -Seven Thousand
Dollars), showing the trust deed in favor of CITY (attached hereto as
Exhibit "B ") as a lien on said property, subject only to the exceptions
set forth above.
(10) As further consideration for CITY'S loan to PICQUET, PICQUET
shall, if said real property is sold, (or in escrow on or before March
31, 1989, and the sale in escrow subsequently consummated), on or
-5-
i
before March 31, 1989, share with City any net appreciation of equity
in the proportion that the sum loaned by CITY to PICQUET towards
acquisition of said real property ($67,000), less any sums of principal
repaid by PICQUET prior to the date of_ opening of any such escrow,
bears to the total acquisition price of said real property ($147,500).
"Net appreciation of equity" shall be that sum remaining after (a)
reimbursement of the down payment paid by PICQUET to acquire said real
property; (b) payment of the Cal -Vet loan; (c) payment of the Deed of
Trust in favor of CITY; (d) payment of a real estate commission of no
more than six percent (6%), and (e) payment of reasonable termite
kxpenses and escrow costs attributable to the sale of said real
property.
(11) PICQUET shall have the exclusive right to control and duty
to occupy said real property, subject only to CITY'S rights under the
promissory note and deed of trust described above.
(12) PICQUET shall indemnify and hold CITY harmless from and
against any and all claims, demands, actions or judgments arising from
PICQUET'S use and /or occupation of said real property, including, but
not limited to, any claims, demands, actions or judgments arising from
any activity permitted or suffered by PICQUET in or about said real
property. Should any action or proceeding be brought against CITY by
reason of any such claim, PICQUET shall defend CITY at PICQUET'S
expense by counsel satisfactory to CITY, upon written notice by CITY to
do so, and PICQUET shall pay all of CITY'S costs, attorneys fees,
expenses and liabilities incurred as a result of any such action or
proceeding.
Qfl
C
B. This Agreement has been entered into and is to be performed in
the State of California and shall be construed and interpreted in
accordance with the laws of the State of California.
C. The provisions of this Agreement are severable. If any term
or provision is found to be illegal or invalid, such illegality or
invalidity shall not affect the remainder of the Agreement.
D. This Agreement constitutes the entire agreement between the
parties with regard to the matters set forth herein. This Agreement
may not be altered or otherwise modified except by writing executed by
the parties, and shall be interpreted consistent with Resolution No.
:201 (1983 Series).
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
ATTE
CITY OF SAN LUIS OBISPO
A Chartered Municipal Corporation
of the State of California
-7-
C
I, Sharon Dvorak, certify that I am the spouse of Roger Picquet,
that I have read the terms and conditions of the foregoing Agreement,
that I agree to be bound by such terms and conditions to the extent of
any and all interests and benefits I receive therefrom, and that I
agree to execute any and all documents reasonably necessary to
effectuate the terms and conditions of said agreement.
DATED:
Sharon Dvorak
C E R T I F 1 C A T E
I, Pamela Voges, the duly appointed and qualified acting City Clerk
of the City of San Luis Obispo, do hereby certify that the foregoing
is a full, true and correct copy of: Promissory Note Secured By
Deed of Trust dated March 8, 1985, signed by Roger Picquet and
Sharon Dvorak.
WITNESS my hand and the seal of the City of San Luis Obispo this 12th
day of March , 1985.
(SEAL)
amela Voges, Cit ClLsfk
PROMISSORY NOTE SECURED BY DEED OF TRUST
$67,000. San Luis Obispo, CA
March .8. , 1985
For value received, Roger Picquet and Sharon Dvorak jointly
and severally promise to pay the CITY OF SAN LUIS OBSIPO, a
chartered municipal corporation of the State of California, or
order, at 990 Palm Street, San Luis Obispo, California 93401, or
such other location as the holder hereof may, from time to time
designate, the principal sum of Sixty -Seven Thousand Dollars
($67,000) on or before March 31, 1989. This note shall bear
interest at the rate of five percent (50) per annum from and after
March 31, 1985.
Interest only shall be payable monthly, on or before the
first day of each month beginning May 1, 1985. Any unpaid
interest and any remaining indebtedness, if not sooner paid, shall
be due and payable on March 31, 1989.
If any monthly installment under this Note is not paid when
due and remains unpaid after a date specified by a notice sent by
certified mail to the undersigned at the address stated below,
which date shall be not less than thirty days from the date such
notice is mailed, the entire principal amount outstanding
hereunder and accrued interest thereon shall at once become due
and payable at the option of the holder hereof. Failure to
exercise such option shall not constitute a waiver of the right to
exercise such option if the undersigned is in default hereunder.
In the event of any default in the payment of this Note and if
suit is brought hereon, the holder hereof shall be entitled to
collect in such proceeding all reasonable costs and expenses of
suit, including, but not limited to, reasonable attorney's fees.
The undersigned shall pay to the holder hereof a late charge
of two percent (2%) of any monthly installment not received by the
holder hereof within ten (10) days after the installment is due..
The undersigned shall have the right to prepay this Note, in
whole or in part, without penalty or premium, at any time. Any
partial prepayment shall be applied against the principal amount
outstanding and shall not extend or postpone the due date of any
subsequent monthly installments or change the amount of such -
installments, unless the holder hereof shall otherwise agree in
writing.
The indebtedness evidenced by this Note is secured by a Deed
of Trust, of even date, and reference is made thereto for rights
as to acceleration of the indebtedness evidenced by the Note. In
addition, the holder of this note shall have the right, at its
option, to declare all sums secured hereby immediately due within
thirty (30) days after such declaration, if Maker (a) conveys,
transfers or assigns the property or any part thereof securing
this note, whether by deed, contract of sale, lease with option to
buy, or otherwise; or (b) further encumbers said property, which
W
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2
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1
I
encumbrance jeopardizes holder's security interest therein, or
alienates the property or any part thereof; or (c) leases the
property or any part thereof for a term together with all
exercisable options, of one year or more; or (d) suffers his
title or any interest therein to be divested, whether voluntarily
or involuntarily; or (e) changes or permits to be changed the
character or use of the property, including without limitation,
drilling or extracting oil, gas, or other hydrocarbon substances,
or any mineral of any kind or character; or (f) makes a gift of
any or all of the property; or (g) if a suit be commenced for the
partition or sale of said property. ADDITIONALLY, HOLDER SHALL
HAVE THE RIGHT, AT ITS OPTION, TO DECLARE ALL SUMS SECURED HEREBY
IMMEDIATELY DUE AND PAYABLE WITHIN NINETY (90,) DAYS AFTER SUCH
DECLARATION, IF ROGER PICQUET RESIGNS, OR IS DISMISSED, OR FOR ANY
OTHER REASON VACATES HIS OFFICE OR EMPLOYMENT WITH CITY OF SAN
LUIS OBISPO, OR HOLDER.
If there be any conflict between the terms of any
acceleration clause contained in the Deed of Trust and the one
contained herein, the latter shall prevail.
Presentment, notice of dishonor and protest are hereby waived
by all makers, sureties, guarantors and endorsers hereof. This
Note shall be the joint and several obligation of each of the
undersigned.
Roger P cquet Sharon Dvorak
CAT. NO. NNO0627
TO 1944 CA (1 -83) J TICOR TITLE INSURANCE.
(Individual)
STATE OF CALIFORNIA
COUNTY OF San Luis Obispo SS.
On March 8, 1985 before me, the undersigned, a Notary public in and for
said State, personally appeared Roger - Pieguet and Sharon Dvorak - - - - - -
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the persons whose namts are subscribed to the
within instrument and acknowledged that ht ey exe-
cuted the same. ,
WITNESS my hand and official seal.
Signature
OFFICIAL SEAL
" ' MARILYN PERRY
• Notary Public-Calitornia
�® Principal Ofllce In
.San Luis Obispo Camly
FcaMy Comm. Exp. Aug. 12, 1987
RESOLUTION NO. 5627 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO DECLARING CERTAIN PERSONAL
PROPERTY AS SURPLUS
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That the City Council herein declares that all
items of personal property listed in Exhibit "A" attached and
incorporated herein by reference shall be surplus property.
SECTION 2. That the sale of such property is hereby authorized.
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 5th day of
March , 1985.
* * * * * * * * * * * * * *
R 5627
EXHIBIT "A"
LAW LIBRARY SURPLUS BOOKS
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ALR Quick Index (ALR 2d, 3d, 4th) - 3 volumes
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AmJur Legal Forms Annotated - Vol. 1 -18
AmJur Pleading & Practice )
AmJur Pleading & Practice Forms ) 44 volumes
)
AmJur Proof & Fact )
California Administrative Code
Benders Forms of Interrogatories - 14 volumes
Federal Practice Manual - 7 volumes
West's California Code Forms 2nd Edition - 8 volumes
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RESOLUTION NO. 5626 (1985 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING ENGINEERING STANDARDS FOR CONSTRUCTION
OF PUBLIC WORKS PROJECTS AS PREPARED BY THE ENGINEERING
DIVISION OF THE PUBLIC WORKS DEPARTMENT.
WHEREAS, the Engineering Division of the Public Works Department
is responsible for periodically updating the Engineering Standards;
and
WHEREAS, the Engineering Standards are necessary to ensure that
public works facilities are designed and constructed to minimum
acceptable standards to protect the health, safety and welfare of the
public; and
WHEREAS, legally adopted Engineering Standards are necessary to
provide "design and plan immunity" thereby protecting the City from
possible liability; and
WHEREAS, the Engineering Division has completed an extensive
revision and expansion of the current Engineering Standards;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of San Luis Obispo, California hereby:
1. Approves a booklet prepared by the Engineering Division of
the Public Works Department setting forth City Engineering Standards
for construction of public works projects, entitled "Engineering
Standards ", attached hereto marked Exhibit "A" and incorporated
herein by reference.
2. Authorizes the Public Works Department to prepare and
maintain a supply of said booklet for distribution.
R 5626
Resolution No. 5626 (1985 Series)
On motion of Councilwoman Dovex seconded by Councilman Settle
and on the following roll call vote: r
AYES: Council-members Dovey, Settle, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day
of March , 1985.
ATTEST:
CI Y CLERK PAMELA OGES
APPROVED:
Q �
City Administratke vOf ficer
City AtV4rney
Director of Public Works
A-e�-Z-� -
City Engineer
s s s s s s
L fi.4
htj r I-.
Resolution No. 5625 (1985 Series)
A Resolution of the Council of the City of San Luis
Obispo authorizing the City Administrative Officer
to create the positions of Public Safety Director,
Chief of Fire Services, and Chief of Police Services
as an integral part of a limited Public Safety consolidation.
WHEREAS: the retirement of the Police Chief on February 25, 1985
will create a management vacancy; and
WHEREAS: the City Council supports consolidation of certain
public safety administrative and clerical support functions, crime and
fire prevention activities, training, and emergency preparedness
tasks, based on the recommendation of the City Administrative Officer;
and
WHEREAS: the proposed limited consolidation should improve the
delivery and efficiency of the above functions, activities and tasks:
and
WHEREAS: this limited consolidation will not include fire
suppression or police patrol activities, and therefore, Police and
Fire personnel will not be crosstrained for nor cross - assigned to such
activities;
NOW THEREFORE BE IT RESOLVED: that the City Administrative
Officer is hereby authorized to create the positions of Public Safety
Director, Chief of Police Services and Chief of Fire Services in order
to accomplish limited public safety consolidation; and
R 5625
BE IT FURTHER RESOLVED THAT: the Public Safety Director will be
responsible for the overall administration and direction of the Police
and Fire Departments. The Chief of Police Services and Chief of Fire
Services will report to the Public Safety Director and each will be
responsible for the day -to -day operations and administration of the
respective departments; and
BE IT FURTHER RESOLVED THAT: effective March 1, 1985, the
positions of Public Safety Director, Chief of Police Services and
Chief of Fire Services shall be designated as Management Team
positions. For the purposes of compensation, the "_oosition of- Public Safety
Director will be included in Management Group IV, with ' the:_Chief =of
Police Services and the Chief of Fire Services,nositions in Management Group V
of the Management Salary Schedule, (Council Resolution 5480); and
BE IT FURTHER RESOLVED THAT: the City Administrative Officer
shall monitor and evaluate the performance of this consolidation. An
evaluation will be provided to the City Council following each
consolidation phase.
On motion of Councilman Griffin
and on the following roll call vote:
seconded by Councilwoman Dovey
Ayes: Councilmembers Griffin, Dovey, Settle and Mayor Billig
Noes: Councilman Dunin
ABSENT: None
the foregoing Resolution was passed and adopted this, 19th day of
February , 1985.
Approved:
Ci y Administrative Offi er
--- 4� ---�
City Atto ey
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RESOLUTION NO. 5624
(1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACP N0. 1181
(PARKSIDE CONDOMINIUMS) LOCATED AT 2221 KING 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 1181 and the Planning Commission's recommendations,
staff recommendations and reports thereon, makes the following findings:
1. In accordance with state and city environmental review guidelines, an
initial environmental study (ER 62 -84) has been prepared and a
negative declaration was approved by the Director on September 26,
1984.
2. The tentative map is consistent with the general plan and the South
Street Specific Plan.
3. The site is physically suitable for the proposed type'and density of
development.
4. 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.
5. The design of the subdivision and the type of improvements are not
likely to cause public health problems.
6. The design of the subdivision and the type of improvements will not
conflict with easements for access through or use of property within
the proposed subdivision.
7 Requirements for parkland dedication have been met in conformance with
the South Street Specific Plan and no additional dedication or in -lieu
fees are required.
SECTION 2. Conditions. That the approval of the tentative map for
Tract 1181 be subject to the following conditions:
1. The main common open space shall include recreation facilities, to the
approval of the Community Development Department.
2. Final map shall be filed and recorded showing a one -lot, air -space
condominium subdivision with one phase of development.
R 5624
li
Resolution No. 5624 (1985 Series)
Tract 1181 (Parkside Condominiums)
Page 2
3. All units shall be numbered and addressed as per a plan approved by
the Carmunity Development Department.
4. Subdivider shall install address identification and lighted directory
signing at the driveway entrances, to the approval of the Community
Development Director.
5. Subdivider shall install on -site fire hydrants to the approval of the
Fire Department.
6. All private driveways shall be improved to a minimum Traffic Index of
4 as approved by the Building Division. Cross - gutters, curbs, and
spandrels at driveway entries from Ring Street shall be concrete (not
paving block) and handicap ramps shall be provided in curb returns.
7. Subdivider shall install on -site traffic control devices and curb
markings to the approval of the City Engineer.
8. Subdivider shall install individually metered water service to each
dwelling, via single laterals with manifolds and with meters clustered
at driveway frontages, unobstructed, to the approval of the City
Engineer.
9. All sewer lines on -site shall be private and shall be maintained by
the homeowner's association.
10. Water mains shall be public and shall be within easements to the
approval of the City Engineer.
11. Subdivider shall pay water acreage charges as determined by the City
Engineer prior to final map approval.
12. Subdivider shall soundproof the interior of the dwelling to 45 dB,
consistent with the general plan Noise Element.
13. Applicant shall obtain approval for changes to previously approved
grading in the adjacent city park to provide a maximum slope of one
vertical in five horizontal, or shall remove excess soil from the site
.so that no retaining wall will be required along the southern boundary
of the site. .
14. Covenants, Condit -ions and restrictions shall be approved by the City
Attorney and the Community Development Director prior to final map
approval and shall include the following provisions:
C
Resolution No. 5624 (1985 Series)
Tract 1181 (Parkside Condominiums
Page 3
ID
A. Creation of a homeowner's association to enforce the CC&R's and to provide
for perpetual, professional management and maintenance of all common areas
including utilities; landscaping (including drainage channel), driveways,
lighting, walls, fences, and building exteriors in good condition.
B. Grant to the city the right to maintain common area and building exteriors
if the homeowner's association fails to perform, and to assess the
homeowner's association for expenses incurred.
C. No parking except in approved, designated spaces.
D. Grant to the city the right to tow away vehicles which are parked in
unauthorized places on a complaint basis.
E. Prohibition of storage or other uses which would conflict with the use of
garages for parking purposes.
F. No outdoor storage of boats, campers, motorhomes, or trailers nor
long -term storage of inoperable vehicles.
G. No outdoor storage by individual units except in designated storage areas.
H. No change in city- required provisions of the CC&R's without prior City
Council approval.
I. Homeowner's association shall file with the City Clerk the names and
addresses of all officers of the homeowner's association within 15 days of
any change in officers of the association.
15. Subdivider shall install grease and oil trap where collected parking lot
drainage approaches the creek and shall install sign concerning creek
pollution, to the approval of the Community Development Department.
16. Subdivider shall install improvements in compliance with approved plans for
Tract 781.
on motion of -Councilman-Griffin-
and on the following roll call vote:
seconded by Councilman-Dunin ---
AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig
NOES: None
ABSENT: None
n
Resolution No. 5624 (1985 Series)
Tract 1181 (Parkside Condominiums)
Page 4
the foregoing resolution was passed and adopted this 19th- day of'February
1985.
....* 06
Assist ity Admi istrative Officer
City A orney
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Commbnity Development Director
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RESOLUTION NO. 5623(1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE FINAL MAP FOR TRACT 1182 (VOLNY
INVESTMENT CO., SUBDIVIDER)
WHEREAS, the City Council made certain findings concerning Tract 1182 as
contained in Resolution No. 5428 (1984 Series); and
WHEREAS, a Faithful Performance bond in the amount of $1,380,000 is on
file to guarantee installation of subdivision improvements and a Labor and
Materials bond in the amount of $690,000 is on file; and
WHEREAS, all fees and deposits as prescribed in the Subdivision Agreement
have been received, including $14,000 to satisfy Condition 31 of Resolution No.
5428 (1984 Series); and
WHEREAS, all other conditions required per Resolution No. 5428 (1984 Series)
for Tract 1182 have either been met or bonded for;
NOW, THEREFORE, BE IT RESOLVED THAT approval is hereby granted the final map
for Tract 1182 and the Mayor authorized to execute the subdivision agreement,
Exhibit "A ".
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
R 5623
i
Resolution No. 5623 (1985 Series)
APPROVED:
City istrative Officer
City Atto ney
City gineer
RESOLUTION NO. 5622 (1985 Series)
A RESOLUTION OF INTENTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO TO GRANT A FRANCHISE TO
THE UNION OIL COMPANY OF CALIFORNIA
WHEREAS; the Union Oil Company of California has requested
renewal of its franchise; and
WHEREAS, the City Council deems it to be in the public
interest to award a franchise for a pipeline to the Union Oil
Company of California.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of San Luis Obispo as follows:
SECTION 1. Pursuant to Section 1002 of the charter of the
City of San Luis Obispo, the City Council hereby declares its
intention to grant to the Union Oil Company of California a
franchise for the privilege of constructing, maintaining,
operating, and repairing pipelines, together with telephone,
telegraph and electrical power lines necessary or convenient for
Union Oil to conduct business in, under, over, along or across
any and all public streets, highways and other public ways now
or hereafter dedicated to public use in the City of San Luis
Obispo.
The City Council further declares its intention to hold a
public hearing on the granting of said franchise to be held at
San Luis Obispo City Hall, 990 Palm Street, in the Council
Chamber on March. L9, 1985, at 7:05 P.M. Said public hearing
shall be for the purpose of hearing any persons having any
interest in or objection to the granting of said franchise.
R 5622
Resolution No. 5622 (1985 Series)
Page 2.
Said public hearing shall be not less than twenty (20) days nor
more than sixty (60) days after the passage of this resolution.
SECTION 2. The City Clerk is hereby directed to publish
this resolution at least once within fifteen (15) days of the
passage thereof in a newspaper in the City of San Luis Obispo.
On motion of Mayor -Billig
-; seconded by
Councilman - Settle - and on the following roll call vote:
AYES: Mayor Billig, Councilmembers Settle, Dovey, Dunin and Griffin
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 19th--- -
day of - February - ; 1985.
Public Works.Director
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RESOLUTION NO. 5621 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A STAFF CARPOOL PRDGRAM FOR CITY HALL EMPLOYEES
WHEREAS; Council Resolution No. 4949 (1982 Series) sets forth Council policy
calling for the use of "non- structural" programs to increase the availability of
downtown parking spaces; and;.
WHEREAS, Staff carpools reduce demand for parking spaces downtown.- making
additional parking spaces available for public use; and;
VMM S, The Council has determined that staff carpooling will benefit citizens
and the con manity at large by reducing traffic and energy consumption, and
increasing the availability of parking downtown where a parking shortage currently
exists;
NOW THEREFORE, BE IT RESOWED by the Council of the City of San Luis Obispo as
follows:
1. A carpool program shall be established for City Hall employees, subject to
guidelines as outlined in "Exhibit A ", and as determined by the City
Administrative Officer.
2. To direct the Finance Department to cover the carpool program costs by
transfers from the parking fund.
3. Participating employees shall contribute to defray city costs of the
carpool program; in an amount determined by the City Administrative
Officer. This revenue shall be credited to the parking fund.
On motion of Councilwoman- Dovey - - seconded by Councilman Settle- -
and on the following roll call vote:
AYES: Councilmembers Dovey, Settle, Griffin and Mayor Billig.
NOES:. Councilman Dunin
ABSENT: None
the foregoing resolution was passed
ATTEST:
CITYJCLERK PAMELA VO S
-19th day of February -, 1985.
t
R 5621
C!
Resolution No.-�5621(1985 Series)
Page 2
City Att ey
- -1
C mmmity DeveloFmtent Director
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EXHIBIT A
CARPOOL GUIDELINES
1. The carpool must maintain a minimum average ridership of three
passengers per quarter; a'rninimu:n of two nassengers per day.
2. Vehicles must arrive to city hall by 8:00 a.m. and leave no earlier
than 5:00 p.m.
3. Coordinator responsibilites:
Keep track of mileage, number of passengers per trip and
gasoline level. Refill gasoline tank when tank is less than
one - quarter full..
Store vehicle at private residence during weekends and evenings.
Notify appropriate departmental director if the vehicle will
arrive to city hall later than 8:00 a.m.
4. Use of the vehicle is limited to commuting purposes. Other uses are
prohibited.
5. Only city employees are eligible to participate in this program.
6. Participating employees are ineligible for individual parking permits
and city- sponsored bus passes.
7. Smoking is prohibited in vehicles.
0
10
RESOLUTION NO. 5620 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AGREEMENT BETWEEN THE CITY AND THE WARNER GROUP
MANAGEMENT CONSULTANTS FOR ASSISTANCE IN THE IMPLEMENTATION
OF A FINANCIAL MANAGEMENT INFORMATION SYSTEM
WHEREAS, the city wishes to acquire assistance in the installa-
tion and implementation of a financial management information system;
and
WHEREAS, the city has previously contracted with the Warner
Group for the assessment of system requirements, the development of
a formal Request for Proposals, vendor selection and contract nego-
tiation; and
WHEREAS, the city has adopted policies and procedures for the
contracting of professional services pursuant to its powers as a char-
tered municipal corporation;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo as follows:
SECTION 1. The City Council, pursuant to Resolution No. 5084,
finds that in the best interest of the city, the benefits insured by
continued use of the Warner Group outweigh those associated with con-
ducting another consultant selection process.
SECTION 2. That certain agreement, attached hereto marked Exhibit
"A" and incorporated herein by reference, between the city of San Luis
Obispo and the Warner Group Management Consultants, is hereby approved
and the Mayor is authorized to execute the same.
SECTION 3. The City Clerk shall furnish a copy of this Resolution
and a copy of the executed agreement approved by it to: Mr. Howard
J. Goodman, The Warner Group, 5950 Canoga Avenue, Suite 670, Woodland
R 5620
C�
Hills, California, 91367; and to the City Finance Director.
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 19th day of
February , 1985.
ATTEST:
CITY �LERK PAMELA V ES
APPROVED:
4C7 Z'r't
City4Wd9dnistrative Officer
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The Warner Group
MANAGEMENT CONSULTANTS
Ms. Bobbie Goddard
Director of Finance
City of San Luis Obispo
Post Office Box 321
San Luis Obispo, California 93406
Dear Ms. Goddard:
i�
5950 CANOGA AVENUE, SUITE 670
WOODLAND HILLS, CALIFORNIA 91367
(818) 710 -8855
December 12, 1984
As you requested, we are outlining the assistance The
Warner Group would provide to the City of San Luis Obispo in
planning and monitoring the implementation of your new data
processing system.
1
BACKGROUND
As a result of the recently completed computer system
selection study, the City of San Luis Obispo is negotiating
with DLH Systems, Inc. and IBM Corporation for the installa-
tion of an in- house, financial data processing system. An
implementation project of this magnitude requires that many
complex activities be skillfully planned and executed to
avoid incurring excessive implementation costs and to mini-
mize disruptions. In addition, the project must be carefully
monitored to assure that the City receives from the vendors
all that was agreed upon.
The Warner Group has assisted the City in the develop-
ment of the Information Systems Plan and the subsequent
selection of.the most appropriate data processing hardware
and software. We are outlining in this letter how we can
Ms. Bobbie Goddard
City of San Luis Obispo
December 12, 1984
Page 2
continue to assist the City as it begins the implementation
of its new information systems.
WORK PROGRAM
The scope and objectives of our work will be as follows:
1. Develop Detailed Project Schedule - Initially, we
will work with City personnel and the selected ven-
dors to develop a detailed project schedule. The
schedule will include the following sections:
• Application Development
• Physical Planning
• Forms Design
• Training
• Operational Planning
• System Testing & Control Procedures
• Conversion & Implementation
• Manual Procedures
• Documentation
We will identify various tasks and subtasks within
each of these sections. Target dates for the com-
pletion of each task and subtask will be established
and responsibilities for the successful attainment
of these dates will be assigned.
The purpose of a detailed project schedule is to
provide an effective method of monitoring the pro-
gress of this complex project on an on -going basis.
In this manner, decisions to expedite the implementa-
tion program can be made on a timely basis rather
than "after the fact" when the steps taken are apt
to be too late or inadequate.
2. Establish Conversion Control Procedures - Prior to
converting the manual or computerized records to the
new data processing system, we will develop proce-
dures specifying how the converted records are to be
checked and balanced before going "live" on the sys-
tem. To ensure accuracy, we will require that all
test reports produced by the system are carefully
checked and verified by the users of the system. In
this manner, we will ensure that no "shortcuts" are
Ms. Bobbie Goddard December 12, 1984
City of San Luis Obispo Page 3
taken in the testing process in order to expedite
implementation.
3. Conduct Post - Implementation Review - Working jointly
with City personnel, we will review each application
after its installation to assure that the system
satisfies the requirements specified in the vendor's
contract. We will report our findings to the City
prior to your final acceptance of each application.
4. Prepare Contingency Plans - We will prepare a writ-
ten contingency plan which specifies the actions
- that must be taken in the event of a disaster or
emergency. For example, the procedures will explain
what steps are to be taken if the programs must be
run on an alternate computer installation.
5. Prepare Standard Operating Procedures - We will pre-
pare written standard operating procedures (desk
procedures) for each financial application that is
converted to the data processing system. The proce-
dures will specify, step -by -step, the manual methods
to be followed for each application before being
processed on the computer. They also will include
the input controls over the data entered into the
computer and the output controls and report balanc-
ing procedures. These procedures will not specify
the operation of the data processing system since
providing that documentation would be the responsi-
bility of the data processing vendor.
The purpose of the standard operating procedures is
to ensure that the manual paperwork processing is
properly integrated with the new computer system.
Also, on a computerized system it is of critical
importance that present and future employees be
provided with uniform and standard operating instruc-
tions.
6. Assist in Project Management - We will assist the
City in managing the overall implementation program.
Our assistance will include the following:
• Maintain Project Schedule. We will maintain
the detailed project schedule by indicating
when tasks-have been successfully completed and
the date of their completion. We will revise
tasks, estimated completion dates and respon-
sibilities as required. When a task is re-
scheduled, we will-consider the impact the
Ms. Bobbie God #d December 12, 1984
City of San Luis Obispo Page 4
rescheduling will have on related tasks and
revise the master schedule if necessary.
• Provide Technical Expertise and Objective
Analysis. As the implementation program pro -
deeds, we will provide to the City our techni-
cal expertise and objective viewpoint regarding
the project plans and progress. We will work
with City personnel, the data processing vendor
as well as the computer manufacturer to aid in
resolving technical problems as they may be en-
countered during the course of the implementa-
tion program.
TIME AND FEES
As you know, our professional fees are based upon the
j number of hours required to complete an assignment. As you
requested, we are estimating our professional fees including
expenses separately for each major task outlined previously:
j Estimated
I Task Fee
1. Develop Detailed Project Schedule $ 2,500
2. Establish Conversion Control Procedures 21200
3. Conduct Post - Implementation Review 2,800
4. Prepare Contingency Plan 21700
5. Prepare Standard Operating Procedures 7,800
6. Assist in Project Management 5,000
Total Estimated Fee $23,000
If less time than estimated is required, we will bill
you only for the actual time expended. If more time than is
estimated is required we will secure your approval before
proceeding. As is our usual practice, we will present invoices
for monthly payment as our work progresses.
Ms. Bobbie Goddard
City of San Luis Obispo
December 12, 1984
Page 5
We look forward to continuing our assistance to the City
of San Luis Obispo in this most important project.
ACCEPTED:
CITY OF SAN LUIS OBISPO
NAM %:1
TITLE:
DATE:
ATTEST
Very truly yours,,
j� 6va",- . -- 'teor°
ACCEPTED:
THE WARNER GROUP
®NAME : -
T
TITLE:
DATE:
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• l \
RESOLUTION NO: 5619 (1985 SERIES)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO REITERATING
AUTHORIZATION TO FILE AN APPLICA-
TION TO THE OFFICE OF TRAFFIC SAFETY;
STATE OF CALIFORNIA; FOR A GRANT
UNDER THE TRAFFIC SAFETY PROJECT AGREE-
MENT FOR 1985; AS AMENDED;
WHEREAS; the State of California; Office of Traffic Safety is
authorized to make grants for Driving Under the Influence Enforcement
projects; and
WHEREAS; the contract for financial assistance will impose certain
obligations upon the City of San Luis Obispo ( "City "),' including the
provisions by it of the local share of project costs in the estimated
amount of $23;817:05
NOW BE IT RESOLVED by the Council of the City of San Luis Obispo:
1: That the Chief of Police Services is authorized to execute and
file an application on behalf of the City of San Luis Obispo to the State
of California; Office of Traffic Safety; to aid in the financing of a
"Driving Under the Influence Enforcement Officer:"
2: That Don E: Englert; Chief of Police Services; is authorized to
execute, furnish agreements or..such additioaal.:i^. ormation as nay be required
by the State-of California, Office o` Traffic Safety-in_connection':with the
application or the project. All original documents including but not limited
to applications, agreements and amendments to be retained by the City Clerk.
3: That the TWO year "Driving Under the Influence Program" for the
City of San Luis Obispo (1985 -1987) is approved and adopted for submittal
as additional information in connection with application:
R 5619
• ''�D
RESOLUTION NO: 5619 (1985 SERIES)
On motion of Councilman-Settle" seconded by -Councilman-Dunin and
on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this ..19th......__.._.•_day
of ""February- " ------ ;1985.
ATTFCT-
Adm• s ative Officer
City At rney
Finance Di ctor
Police Cyief
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.,
RESOLUTION NO. 5618 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AGREEMENT BETWEEN THE CITY AND PACIFIC
GAS & ELECTRIC FOR INSTALLATION OF SPECIAL FACILITIES
AT THE STENNER CANYON HYDROELECTRIC FACILITY
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 PACIFIC GAS & ELECTRIC is hereby approved and the Mayor is
authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: City Finance
Director; Pacific Gas & Electric.
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 19th day
of February 1985.
ssssssssss
R 5618
Resolution No. 5618 (1985 Series)
APPROVED:
City Ad i strative Officer
City Atto ey
Finance Dire r
Pub is Works Director
`J
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rlinlrV,
-Special act t es are expected to be necessary on or about M;;Uzh F 1 r for the interconnection
of Applicant's electric generating plant with PGandE's system and/or andE�s delivery of electrical standby service to
Applicant's premises at Ctannor? ca *arm, rii-y ttf San T.nic Obi= County ofSan = 0)]isob.
State of California.
1. This Agreement includes Appendix A. Detail of Special Facilities Charges, which is attached and
incorporated herein by reference. Appendix A may be revised or superseded by mutual written agreement and without
formal amendment of the remainder of this Agreement..
2. Applicant shall pay PGandE, on demand prior to commencement of any work by PGandE, an initial charge
equal to the sun of (a) plus (b) below, the amounts of which are specified in Appendix A:
(a) an ADVANCE equal to PGandE's estimated installed cost of Special Facilities which are financed by
Applicant including, in lieu of cash payment, a credit for that portion of Special Facilities furnished and deeded to
PGandE by Applicant; and
(b) a REARRANGEMENT CHARGE which is equal to PGandE's estimated cost of rearranging existing facilities
to accommodate the installation of Special Facilities.
3. Applicant also shall pay PGandE any applicable monthly rates and charges for service under PGandE's
tariff schedules plus an ownership charge, either (a) or (b) below as specified in Appendix A, namely:
(a) COST OF OWNERSHIP CHARGE representing PGandE's continuing monthly cost of financing (if applicable),
owning and maintaining Special Facilities; or
(b) an EQUIVALENT ONE -TIME CHARGE which is equal to the present worth of the monthly COST OF OWNERSHIP
CHARGE in perpetuity. The COST OF OWNERSHIP CHARGE shall commence -on the date Special Facilities are first available
for Applicant's use, as such date is established in PGandE's records. PGandE will notify Applicant, in writing, of such
commencement date. The EQUIVALENT ONE -TIME CHARGE shall be payable by Applicant to PGandE on demand.
4. The ownership charge set forth in paragraphs 3(a) or 3(b) herein is determined in accordance with the
applicable percentage rates established in the Special Facilities section of PGandE's electric Rule No. 2, copy
attached. Should the California Public Utilities Commission (Commission) subsequently authorize higher or lower
percentage rates, the monthly COST OF OWNERSHIP CHARGE shall automatically increase or decrease without formal amendment
to Appendix A as of the effective date of the Commission's authorization.
PGandE: 5. Where it is necessary to install Special Facilities on Applicant's premises. Applicant hereby grants to
(a) the right to make such installation on Applicant's premises along the shortest practical route
thereon with sufficient legal clearance from all structures now or hereafter erected on Applicant's premises; and
(b) the right of ingress to and egress from Applicant's premises at all reasonable hours for any
purposes reasonably connected with the operation and maintenance of Special Facilities.
6. Where formal rights of way or easements are required on or over property of Applicant or the property of
others for the installation of Special Facilities, Applicant agrees that PGandE shall obtain them at Applicant's
expense, or if Applicant and PGandE agree otherwise, Applicant shall obtain any necessary permanent rights of way or
easements, satisfactory to and without cost to PGandE.
7. PGandE shall not be responsible for any delay in completion of the installation of Special Facilities
resulting from shortage of labor or materials, strike, labor disturbance, war, riot, weather conditions, governmental
rule, regulation or order, including orders or judgements of any court or regulatory agency, delay in obtaining
necessary rights of way and easements, acts of God, or any other cause or condition beyond the control of PGandE, nor
shall PGandE be liable for incidental, indirect, special, punitive, or consequential damages for any delay. PGandE
shall have the right, in the event it is unable to obtain materials or labor for ail of its construction requirements,
to allocate materials and labor to construction projects which it deems, in its sole discretion, most important to serve
t'ie needs of its customers, and any delay in construction hereunder resulting from such allocation shall -be deemed to be
a cause beyond PGandE's control. In any event, PGandE's total liability for any delay in the completion of the
installation of Special Facilities shall not exceed the amount of Special Facilities charges paid by Applicant.
8. In the event that PGandE is prevented from completing the installation of Special Facilities for reasons
oeyer.d its control after twelve (12) months following the date of this Agreement, PGandE shall have the right to
terminate this Agreement upon at least thirty (30) days' written notice to Applicant. Where this Agreement is
,erminated pursuant to this paragraph, the provisions of paragraph 11 herein shall be applied to that portion of Special
Facilities then completed, if any. Applicant also shall reimburse PGandE for any expenses it may have incurred for
engineering, surveying, right of way acquisition and other work associated with that portion of Special Facilities not
installed.
9. If it becomes necessary for PGandE to alter, rearrange or make addition to Special Facilities in order to
maintain parallel operation of Applicant's generation or electrical standby service to Applicant's premises, Applicant
shall be notified, in writing, of such necessity and shall be given the option to either terminate this Agreement upon
thirty (30) days' written notice to PGandE, or to pay to PGandE additional Special Facilities charges consisting of:
(�
79 -280 (Rev 6/84)
•
Division
PACIFIC GAS AND ELECTRIC COMPANY
Applicant
AGREEMENT FOR INSTALLATION OR ALLOCATION OF
Construction Accounting
SPECIAL FACILITIES FOR PARALLEL OPERATION
Accounting Operations
OF NONUTILITY -OWNED GENERATION AND /OR
Commercial
ELECTRICAL STANDBY SERVICE
(Electric Rules Nos. 2 and 21)
At the request of
THE CITY OF SAN LUIS OBISPO
(Applicant), PACIFIC GAS ANO
LLECTRIC COMPANY n ere y agrees to urns at pp cl anT
reasonable time certain facilities consisting of 1Sleterincl eaU rVlent, rwimary disco
-Special act t es are expected to be necessary on or about M;;Uzh F 1 r for the interconnection
of Applicant's electric generating plant with PGandE's system and/or andE�s delivery of electrical standby service to
Applicant's premises at Ctannor? ca *arm, rii-y ttf San T.nic Obi= County ofSan = 0)]isob.
State of California.
1. This Agreement includes Appendix A. Detail of Special Facilities Charges, which is attached and
incorporated herein by reference. Appendix A may be revised or superseded by mutual written agreement and without
formal amendment of the remainder of this Agreement..
2. Applicant shall pay PGandE, on demand prior to commencement of any work by PGandE, an initial charge
equal to the sun of (a) plus (b) below, the amounts of which are specified in Appendix A:
(a) an ADVANCE equal to PGandE's estimated installed cost of Special Facilities which are financed by
Applicant including, in lieu of cash payment, a credit for that portion of Special Facilities furnished and deeded to
PGandE by Applicant; and
(b) a REARRANGEMENT CHARGE which is equal to PGandE's estimated cost of rearranging existing facilities
to accommodate the installation of Special Facilities.
3. Applicant also shall pay PGandE any applicable monthly rates and charges for service under PGandE's
tariff schedules plus an ownership charge, either (a) or (b) below as specified in Appendix A, namely:
(a) COST OF OWNERSHIP CHARGE representing PGandE's continuing monthly cost of financing (if applicable),
owning and maintaining Special Facilities; or
(b) an EQUIVALENT ONE -TIME CHARGE which is equal to the present worth of the monthly COST OF OWNERSHIP
CHARGE in perpetuity. The COST OF OWNERSHIP CHARGE shall commence -on the date Special Facilities are first available
for Applicant's use, as such date is established in PGandE's records. PGandE will notify Applicant, in writing, of such
commencement date. The EQUIVALENT ONE -TIME CHARGE shall be payable by Applicant to PGandE on demand.
4. The ownership charge set forth in paragraphs 3(a) or 3(b) herein is determined in accordance with the
applicable percentage rates established in the Special Facilities section of PGandE's electric Rule No. 2, copy
attached. Should the California Public Utilities Commission (Commission) subsequently authorize higher or lower
percentage rates, the monthly COST OF OWNERSHIP CHARGE shall automatically increase or decrease without formal amendment
to Appendix A as of the effective date of the Commission's authorization.
PGandE: 5. Where it is necessary to install Special Facilities on Applicant's premises. Applicant hereby grants to
(a) the right to make such installation on Applicant's premises along the shortest practical route
thereon with sufficient legal clearance from all structures now or hereafter erected on Applicant's premises; and
(b) the right of ingress to and egress from Applicant's premises at all reasonable hours for any
purposes reasonably connected with the operation and maintenance of Special Facilities.
6. Where formal rights of way or easements are required on or over property of Applicant or the property of
others for the installation of Special Facilities, Applicant agrees that PGandE shall obtain them at Applicant's
expense, or if Applicant and PGandE agree otherwise, Applicant shall obtain any necessary permanent rights of way or
easements, satisfactory to and without cost to PGandE.
7. PGandE shall not be responsible for any delay in completion of the installation of Special Facilities
resulting from shortage of labor or materials, strike, labor disturbance, war, riot, weather conditions, governmental
rule, regulation or order, including orders or judgements of any court or regulatory agency, delay in obtaining
necessary rights of way and easements, acts of God, or any other cause or condition beyond the control of PGandE, nor
shall PGandE be liable for incidental, indirect, special, punitive, or consequential damages for any delay. PGandE
shall have the right, in the event it is unable to obtain materials or labor for ail of its construction requirements,
to allocate materials and labor to construction projects which it deems, in its sole discretion, most important to serve
t'ie needs of its customers, and any delay in construction hereunder resulting from such allocation shall -be deemed to be
a cause beyond PGandE's control. In any event, PGandE's total liability for any delay in the completion of the
installation of Special Facilities shall not exceed the amount of Special Facilities charges paid by Applicant.
8. In the event that PGandE is prevented from completing the installation of Special Facilities for reasons
oeyer.d its control after twelve (12) months following the date of this Agreement, PGandE shall have the right to
terminate this Agreement upon at least thirty (30) days' written notice to Applicant. Where this Agreement is
,erminated pursuant to this paragraph, the provisions of paragraph 11 herein shall be applied to that portion of Special
Facilities then completed, if any. Applicant also shall reimburse PGandE for any expenses it may have incurred for
engineering, surveying, right of way acquisition and other work associated with that portion of Special Facilities not
installed.
9. If it becomes necessary for PGandE to alter, rearrange or make addition to Special Facilities in order to
maintain parallel operation of Applicant's generation or electrical standby service to Applicant's premises, Applicant
shall be notified, in writing, of such necessity and shall be given the option to either terminate this Agreement upon
thirty (30) days' written notice to PGandE, or to pay to PGandE additional Special Facilities charges consisting of:
(a) a facility teminatiol hrge for that portion of Special Faciliti( rich is being removed because
of alteration, rearrangement or addition to special Facilities. Such charge to be dete,_ ,ned in the same manner as
described in paragraph 11 herein; plus,
b an additional V ADVANCE and/or REARRANGEMENT i CHARGE, if pany, for any new Special Facilities which
shall be applied in
(c) a revised monthly COST OF OWNERSHIP CHARGE or EQUIVALENT ONE -TIME CHARGE based on the estimated
installed costs of all new and remaining Special Facilities. Such .revised monthly COST OF OWNERSHIP CHARGE or
EQUIVALENT ONE -TIME CHARGE shall be applied in the same manner as prescribed in paragraph-3 herein.
10. This Agreement shall become effective when executed by the parties hereto and, except as provided for in
paragraphs 8 and 9 herein, shall remain in force until one of the following events occurs:
(a) a power purchase, parallel operation, electrical standby service or other form of agreement no
longer exists between Applicant and PGandE which would occasion the need for Special Facilities; or
(b) the ownership of Special Facilities or any portion thereof is deeded to a public authority; or
(c) Applicant fails to pay the monthly COST OF OWNERSHIP CHARGE prescribed in this Agreement, if.
applicable.
Either party shall provide the other at least thirty (30) days' written notice of termination pursuant to this
paragraph.
11. Upon termination of this Agreement for any reason:
(a) Applicant shall pay to PGandE on written demand (in addition to all other monies to which PGandE may
be legally entitled by virtue of such termination) a facility termination charge defined as the estimated installed
cost, plus the estimated removal cost less the estimated salvage value for any Special Facilities which can be removed,
all as determined by PGandE in accordance with its standard accounting practices. PGandE shall deduct from the facility
termination charge the ADVANCE plus the unamortized balance of the EQUIVALENT ONE -TIME CHARGE previously paid, if any.
If the ADVANCE paid plus the unamortized balance of the EQUIVALENT ONE -TIME CHARGE, if any, is greater than the facility
termination charge. PGandE shall refund the difference, without interest, to Applicant; and
(b) PGandE shall be entitled to remove and shall have a reasonable time in which to remove any portion'
of the Special Facilities located on Applicant's premises; and
(c) PGandE may, at its option, alter, rearrange, convey or retain in place any portion of the Special
Facilities on.other retainediinnplace iin premises.
anticipat anticipation all
providing permanent the
se5rvice to customers of
located off App
PGandE, an equitable adjustment shall be made in the facility termination charge.
12. In the event any of the Special Facilities are used during the term of this agreement to provide
permanent service to customers of PGandE, an adjustment shall be made in accordance with PGandE's electric Rule No. 21,
copy attached.
13. Special Facilities shall at all times be the property of PGandE.
14. As provided in PGandE's electric Rule No. 14, copy attached, PGandE does not guarantee.electrical standby
service to be free from outages, interruptions or curtailments and the charges for 'Special Facilities represent PGandE's
cost associated with providing Special Facilities rather than for a guaranteed level of service or reliability.
15. Applicant may, with PGandE's written consent, assign this Agreement if the assignee thereof will agree in
writing to perform Applicant's obligations hereunder. Such assignment will be deemed to include, unless otherwise
specified therein, all of Applicant's rights to any refunds which might become due upon discontinuance of the use of any
Special Facilities.
16. This Agreement shall be subject to all of PGandE's applicable tariffs on file with and authorized by the
Commission, and shall at all times be subject to such changes or modifications as the Commission may direct from time to
time in the exercise of its jurisdiction.
Dated this 19th day of February 1985 .
THE CITY OF SAN LUIS OBISPO
PP scant
By:
Title: y Melanie C. Billig
Mailing
Address: P. ,O. Box 8100
nAl— T prr,A 93403 -8100 4 , f4144
Attest;
C'ty Clerk Pam a Voges
PACIFIC GAS AND ELECTRIC COMPANY
By:
FOR Manager, Coast Valleys
Division
•79 -702 (6/84) Appendix A (Dated:
Division to the AGREEMENT FOR- /19/85N)
Applicant OR ALLOCATION OF SPECIAL FACILITIES
Construction Accounting FOR PARALLEL OPERATION OF NONUTiLITY-
Accounting Operations OWNED GENERATION AND /OR ELECTRICAL
Commercial DETAIL OF SPECIAL FACILITIES CHARGES STANDBY SERVICE (Dated: 2/19/85 )
I. Applicability
The application of charges specified herein are pursuant to. the provisions of this Agreement between TTM CITY OF
SAN LIIIS_ OBISpO (Applicant) and Pacific Gas and Electric Company (PGandE) and shall be a part t ereo
and in effect un� sl- uperse�ed by mutual written agreement.
II. Initial Charge
A. net cost of all Special Facilities
........................ ............................... E 9,627
B. less the cost of "removable and reusable" Special Facilities which are provided, installed
anrfinanced by PGandE pursuant to Rule No. 21 ............ ...........................•...
C. ADVANCE ................................................... ...............................
D. less PGandE's estimate of the cost of Speciai Facilities provided, installed and deeded to
Pi ndE by Applicant (includes costs of design and administration by PGandE) ...............
E. Plus the cost of design, administration and inspection by PGandE of Special Facilities
provided, installed and deeded to PGandE by Applicant ...... ...............................
F. plus REARRANGEMENT CHARGE ............................. ...............................
S(. - ) 1
S 9,627 1
E( )
E
$ 1,768
G. Initial Charge .......................... ............................... ............ S 1-1,395
III. Installed Cost of PGandE'.s Existing Facilities Allocated to Applicant's Use ................... S 1
IV. Monthly COST OF OWNERSHIP CHARGE
Special
Current
Facilities
percentage
financed by:
Application base
rate 2
Monthly Charge
A. Applicant
ADVANCE (II.C. above equals 1. plus 2. below)
1. cost of distribution facilities.. E 9,697
less allowance for
Msting facilities .............. S( )3
net amount ....................... E 9,627
x 0.013 /mn.
E 5.15 /mo.
2. cost of transmission facilities.. S
less allowance for
ez sting facilities .............. S( ) 3
net amount ....................... E
x /mo.
E /mo.
B. PGandE
"removable and reusable" Special Facilities
(II.B. above equals 3. plus 4. below)
3. distribution facilities.......... $
x /Mo.
= $ /MO,
4. transmission facilities.......... $
x /Mo.
- S /mo.
C. PGandE
existing facilities allocated as Special
Facilities (III, above equals S. plus 6. below)
S. distribution facilities.......... $
x /mo.
" $ /Mo.
6. transmission facilities.......... $
x /mo.
" S /Mo.
D. Monthly COST OF OWNERSHIP CHARGE ....................... ...............................
75.1 S /mo.
(Continued)
V. EQUIVALENT ONE -TINE CHARGE (in I1�.'of monthly COST OF OWNERSHIP CHARGE); ch�—_K ❑ if applicable
S Imo. (line IV.D.) x 12 mo. x (present worth factor ) ............................ U
1 Used in calculation of the monthly COST OF OWNERSHIP CHARGE or EQUIVALENT ONE -TINE CHARGE.
2 This percentage rate is set forth in Section I of PGandE's current electric Rule No. 2 and Is subject to change upon
authorization by the California Public Utilities Commission.
3 Where Special Facilities displace PGandE's existing facilities, this allowance assures the exclusion of PGandE's
existing ownership costs from Applicant's monthly COST OF OWNERSHIP CHARGE or EQUIVALENT ONE -TINE CHARGE.
Complete the following section only in conjunction with revision of this Appendix
This Appendix A supersedes Appendix A dated -- 9 —. The changes hereon are hereby agreed to by
both parties on this 19th day of February
THE CITY OF SAN LUIS OBISPO
is t
By: of AMA
Title: . Avop,
Me lani Billig
Attest:
0
PACIFIC GAS AND ELECTRIC COMPANY
By:
Manager.
Division
0
RESOLUTION NO.
5617 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING PLANS AND SPECIFICATIONS, TRANSFERRING FUNDS,
AND AUTHORIZING STAFF TO ADVERTISE FOR BIDS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby approves Plans and Specifications and
authorizes staff to advertise for bids.
SECTION 2. That the Council hereby authorizes the transfer of $25,000
from Toro Street Bridge account 30- 5062- 700(J07H) to the Andrews Street foot-
bridge account 30- 5062- 000(J10Y).
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 19th day of February ,
1985.
ATTE
CI CLERK PAMELA GES
APPROVED: /
r z 4
City Addiffii,dtrative Officer
R 5617
�or�e�� �
��i�a,��ce ® �
�/�
.,�
RESOLUTION NO. 5616(1985 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING A STUDENT - HOUSING EXCEPTION FROM THE
GROWTH MANAGEMENT REGULATIONS FOR PINE CREEK CONDO-
MINIUMS AT 1185 FOOTHILL BOULEVARD
The Council of the City of San Luis Obispo resolves:
SECTION 1. Findings.
1. In accordance with state and city environmental review guidelines (Section
15305), the exception request is determined to be categorically exempt, as
a minor alteration in land -use limitations.
2. As provided in the Residential Growth Management Regulations (SL.O.M.C.
Section 17.88.040):
A. The project is a student - housing complex.
B. It would not be desirable to construct the project in phases because
it consists of an integrated group of buildings.
C. Completion of the project would not significantly conflict with the
long -term objectives of the regulations, considering recent and
anticipated construction levels.
SECTION 2. Action. The Pine Creek housing project (ARC 84 -92; Tract
1213), consisting of 36 two- bedroom dwellings at 1185 Foothill Boulevard, is
exempt from the monthly limitation on the number of dwellings which may be
authorized by building permits.
On motion of Councilman - Dunin --
and on the following roll call vote:
seconded by Councilman Griffin - -,,
AYES: Councilmembers Dunin, Griffin, Dovey and Settle
NOES: Mayor Billig
ABSENT: None
R 5616
Resolution No. 5616(198 5 Series)
Page 2
J
the foregoing resolution was passed and adopted this 5th day of February -;
1985.
APPROVED:
City AdministrzWive OfIficer
Camunity Development Director
I
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doss
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,:
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RESOLUTION NO.5615 (1984 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR
SUBDIVISION..NO.. 84 -294 LOCATED AT 1041 FLETCHER STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows:
SECTION 1. Findings. That this Council, after consideration of the
tentative map of Minor Subdivision No. 84 -.294, and the Community Development
Director's recommendations, staff recommendations and reports thereon, makes the
following findings:
1. The proposed parcel map and design are consistent with the general plan.
2. The site is physically suited for the proposed type and density of development
which_is permitted by the R -1 zone..
3. The design is not likely to cause substantial environmental damage, or cause
serious health problems..
4. The design of the proposed subdivision will not conflict with public easements
for access through or use of property within the proposed subdivision.
5. The proposed parcel.map_will not have significant adverse environmental impacts.
SECTION 2. Exceptions. Approval of lot widths of 47.0 and 47.5 feet.where 50
feet is required, and lot areas of 5,887 and 5,949 square feet where 6,000 square
feet is required, based on the following findings:
1. The shape of the property is such that it is undesirable to conform to the strict
application of the Subdivision Regulations.
2. Cost to the subdivider is not the sole basis for granting the exception.
3. The exception will not be injurious to the public health, safety, and welfare.,
or be injurious to other properties inthe vicinity.
4. Granting the exception is in accordance with the intent and purpose of.the
Subdivsiion Regulations, and is consistent with the general plan.
SECTION 3. Conditions. That the approval of the tentative map for Minor
Subdivision 84 -294, be subject to the following conditions:.
1. Subdivider must file a final map or apply for processing of a Certificate of
Compliance._
R 5615
Resolution No. 5615
Page 2
(1984 Series)
2. Subdivider shall show on final map, the existing 10 -foot wide sewer easement
(Recording information Volume 803, Page 145) along the westerly property lines
of Parcels A and B (lots 11 and 12).
3. Subdivider shall extend water main to serve both parcels.
4. Subdivider shall install permanent street.frontage improvements (curb, gutter,
sidewalk, driveway ramp and half- street width paving) on Florence Street frontage.
5. Subdivider shall execute a covenant agreement to defer construction of permanent
street improvements (curb, gutter, sidewalk, driveway ramp, handicap ramp, and
half-street-width paving) on Fletcher Street until such time as final grades are
designed for Tract 1034, or upon 30 days written notice by the City Engineer
with development of Parcel B. Access may be restricted by the City Engineer on
Parcel B's Fletcher Street frontage pending final grade design.
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 5th day of February ,
APP V
Q 5
City Administrative Offi er
City At �rney
Community Development Director
'Tvbob video -
Ross
RESOLUTION No. 5614 (1965 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING FEES AND CHARGES FOR REPRODUCING DOCUMENTS,
FINGERPRINTING, AND OTHER SERVICES PROVIDED BY THE POLICE
DEPARTMENT AND AUTHORIZED BY LAW AND RESCINDING R -5366
WHEREAS, the City of San Luis Obispo is required to provide documents,
fingerprinting and other services to the public; and
WHEREAS; it is the intent of the City of San Luis Obispo that charges
herein shall reflect costs attributable to the expenditure of labor and
the costs of materials or providing such services; and
WHEREAS, state law provides for the recovery of reasonable costs
incurred by the local law enforcement agency;
NOW, THEREFORE, be it resolved by the Council of the City of San Luis
Obispo as follows: .
SECTION 1: Charges for reproduction of certain documents involving
reports including those specified in the California Vehicle Code.
a. Minimum charges (first five pages). $ 5.00
b: Each page in excess of five.
$ .50
SECTION 2. Charges for providing fingerprint services. These
charges do not include other fees required by the United States Government
for the State of California.
a- Fingerprint services. $ 5.00
b. Each additional card over two. $ 1.50
SECTION 3: Charges for providing information to the public as
required in Government Code Section 6254(f)(1) and (2).
a. Completion of form. $ 10.00
b. Archival searches (two or more years) $ 15.00 /hour
1 hour minimum
SECTION 4: Handling charges for mail return of reproduced documents
with return address stamped envelope not included (single documents).
a. Document weight less than 4 oz. $ 1.00
b. Document weight 4 oz. or more. $ 3.50
R 5614
SECTION
5. Charges for duplication of photographs.
a.
Black and White
1. First print from roll 4" x 5"
$
3.50
2. First print from roll 8" x 10"
$
5.00
3: Succeeding prints from same roll
$
1.00 ea.
4" x 5" or 8" x 10"
4. Proofsheet (20 exp. or less)
$
4.00
5. Proofsheet (20 exp: or more)
$
5.00
b.
Color
1: Print charges will be provided by requestor at City
selected commercial establishment.
2. Service fee per roll.
$
3.00
SECTION
6. Other miscellaneou charges.
a.
Clearance letters
$
3.00
b:
Examination of local criminal offender
record information (13322 PC)
$
25.00
C.
Impound vehicle release
$
5.00
d.
Record sealing pursuant to 851:8 PC
$
15.00
(includes fingerprint comparison fees)
SECTION
7. Concealed weapons permit charges
a.
Fingerprint processing
$
5.00
b:
Office - Clerical support
$
10.00
C- .
Administrative costs
$
11.00
d.
Permit fee (per 12054 PC)
$
3.00
e.
Investigative expenses
$
68.00
f.
Renewal fee
$
30.00
SECTION
8. Massage license processing charges.
a.
Fingerprint processing
$
5.00
b:
Office- Clerical support
$
10.00
C.
Administrative costs
$
5.75
d. Investigative expenses $ 68.00
e. Renewal fee $ 25.00
SECTION 9. Noise exceptions processing charges.
a. Administrative costs $ 15.00
SECTION 10. Other charges for services may be approved by an action
of the City council.
SECTION 11. This Resolution supersedes other action of the City
Council concerning items included in Sections 1 through 6 of this
Resolution.
APPROVED AS TO FORM AND CONTENT
On the motion of Councilwoman-Dove seconded by
Councilman Settle and on the following roll call vote:
AYES Councilmembers Dovey, Settle, Griffin and Mayor Billig
NOES Councilman Dunin
ABSENT None
The foregoing Resolution was passed and adopted this 5th day of February
ioac - --
Approved:
City Administrative Officer
LA
,6 MAI
qvL. J
Fl /6
RESOLUTION NO. 5613 1985 SERIES
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN
THE POLICE DEPARTMENT AND THE CALIFORNIA MENS
COLONY FOR LAW ENFORCEMENT MUTUAL AID SERVICES
FOR PURSUIT AND APPREHENSION OF ESCAPED PRISONERS
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
WHEREAS Section 5004.5 of the California Penal Code mandates that the
Superintendent of each California Penal Institution shall develop a mutual
aid escape pursuit plan and,
WHEREAS Section 5004.5 further mandates that said plan be reviewed and
approved by the governing body of the City whose Law Enforcement Agency
will be involved in the agreement and,
WHEREAS the agreement has been reviewed by the City Council and found
to be adequate as a mutual aid escape pursuit plan,
THEREFORE be it resolved that the Mayor is authorized to execute this
agreement. The City Clerk shall furnish a copy of this resolution and the
executed agreement to the Superintendent of the California Mens Colony.
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 5613
The foregoing Resolution was passed and adopted this -5th- - day
of -- -February 1985.
APPROVED:
City A ministtrrati e Utfiter
i ty Atto P ey
Police (Chief
pv //C6
STATE OF CALIFORNIA - HEALTH 6 WELFARE AGENCY GEORGE DLWMEJIAN. GOVERNOR
DEPARTMENT OF CORRECTIONS
CALIFORNIA MENS COLONY O
SAN LUIS OBISPO 9409
MUTUAL AID
ESCAPE PURSUIT PLAN AND AGREEMENT
CALIFORNIA MENS COLONY - SAN LUIS OBISPO POLICE DEPARTMENT
As a result of Assembly Bill 2774, Section 5004.5 has been added to the
California Penal Code. This new section mandates that the Warden at each
California Department of Corrections Prison develop a Mutual Aid Escape Pursuit
Plan and Agreement with local law enforcement agencies.
The California Mens Colony has an in -depth Escape Pursuit Plan which is
revised and updated each year. It is classified as a "CONFIDENTIAL" document.
To comply with Penal Code 5004.5, the California Mens Colony and San Luis
Obispo City Police Department concur in the following Mutual Aid Escape Pursuit
Plan and Agreement, which shall remain in effect until terminated or revised by
mutual agreement:
1. A copy of the California Mens Colony Escape Pursuit Plan shall be delivered
to the Chief of San Luis Obispo Police Department. Confidentiality of this
plan shall be maintained.
2. In June of each year, until the termination of this agreement, the California
Mens Colony shall provide the San Luis Obispo City Police Department with a
revised and updated copy of the California Mens Colony Escape Pursuit. Plan.
3. Any needed revision, supplement or other change in the California Mens Colony
Escape Pursuit Plan shall be the responsibility of the California Mens Colony.
4. Once each year, the San Luis Obispo City.Police Chief shall review the plan
and report its adequacy or inadequacy to the City Council of San Luis Obispo.
5. To certify compliance, a copy of this annual review report to the City Council
of San Luis Obispo shall be sent to the Warden at the California Mens Colony.
MUTUAL AID
ESCAPE PURSUIT PLAN AND AGREEMENT
CMC- SLO P.D.
6. The degree of involvement by the San Luis Obispo Police Department shall
be governed by the availability of staff at the time of the escape.
7. This agreement shall become a supplement to the California Mens Colony
Escape Pursuit Plan until it is encompassed in the next revision of the
plan.
As with all previous mutual aid efforts, both the California Mens Colony and
the San Luis Obispo Police Department will work together to provide the safest
possible environment for the people of this city, county and state.
vt,�-W, ESTELLE, Ward
California Mens Colony
Date
-2-
M
I
RESOLUTION NO. 5612 (1985 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
LA FIESTA DE SAN LUIS OBISPO
FOR CITY TO PAY ASSOCIATION $3,000.00
TO BE EXPENDED FOR FISCAL YEAR 1984 -85
BE IT RESOLVED by the San Luis Obispo City Council as follows:
SECTION 1. That certain agreement attached hereto, marked Exhibit
"A," and incorporated herein by reference, between the City of San Luis
Obispo and La Fiesta de San Luis Obispo is hereby approved and the Mayor
is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: La Fiesta; City
Finance Director.
On motion of Councilman Griffis; seconded by Councilman Settle, and
on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 7th day of February,
1985.
R 5612
A G R E E M E N T
TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO
TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS
FOR FISCAL YEAR 1984 -85
LA FIESTA DE SAN LUIS OBISPO
This agreement, made and entered into this fifth day of
February, 1985 by and between the CITY OF SAN LUIS OBISPO, a chartered
municipal corporation (referred to herein as "City "), and LA FIESTA DE SAN
LUIS OBISPO, a non - profit organization (referred to herein as
"Association);
WITNESSETH:
WHEREAS, City desires to sponsor and support activities of a
cultural, artistic, and educational nature for the benefit of the City's
residents for the promotion of the City as an inviting place for visitors
and tourists; and
WHEREAS, Association has demonstrated its ability toy provide a
program which contributes to the quality of life in San Luis Obispo; and
WHEREAS, City has established La Fiesta as a line item grant in the
amount of $3,000.00 and
1. City agrees to pay Association the sum of three thousand dollars
($3,000.00) to be expended for the purpose of organizing and staging the
events of La Fiesta.
2. On or before October 1, 1985, Association will provide City with
a detailed statement of its income and expenses for the previous twelve-
month period ending September 1, 1985.
3. Association and all of its agents, representatives, and
participants in any manner in the performance of Association's obligations
and duties hereunder shall be employees, independent contractors or
volunteers for Association and shall not for any purpose be considered as
employees or agents of City. Association agrees to hold City harmless and
to defend City in any action, proceeding, or hearing wherein the cause of
action or claim is based upon allegation that any person acting on behalf
of Association or the Association itself is an employee or agent of the
City including, without limitation, all actions and claims based upon
contract, tort, or statutory provisions.
4. For purpose of notice under this Agreement, all notices shall be
considered effective upon being sent by certified mail to the following
addresses:
City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
Association: La Fiesta de San Luis Obispo
P.O. Box 1733
San Luis Obispo, CA 93406
IN WITNESS WHEREOF, the parties hereto have executed this agreement
by their proper officers duly authorized, as of the date first written
above.
ASSOCIATION:
LA FIESTA DE SAN LUIS OBISPO
4-!�— !C� 6f ll� �
— k Cleeves, President
CITY:
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RESOLUTION NO. 3611 (1985 Series)
city of sn Luis o[�ispo
-.16 �� 'qqh� t
IV 19M
' lZe S U
of AppizeciAtion
EXPRESSING THE CITY COUNCIL'S GRATITUDE AND APPRECIATION
TO KIM HOLMES FOR HER SERVICE TO THE CITY OF SAN LUIS OBISPO.
WHEREAS, Kim joined the administrative staff in February of 1983; and
WHEREAS, during her short career with the city Kim has been a great
asset to the Council and administrative staff.; and
WHEREAS, the City Council secretary position requires a great deal of
tact and diplomacy, and Kim has shown a natural ability for these traits; and
WHEREAS, Kim was always able to keep track of City Councilmembers' schedules,
food preferences and other personal needs; and
WHEREAS, Kim is a word processing whiz and has been very generous in
sharing her talent with staff; and
WHEREAS, when Kim is gone who will do our special graphic projects ?; and
WHEREAS, we will miss her very much and hope she enjoys her stay in Monterey.
NOW, THEREFORE, BE IT RESOLVED that this City Council wishes to thank Kim for
all her assistance and the cheerful manner in which she has conducted her duties.
It was always nice to know there was a helpful hand waiting to support.
On motion of Councilman Settle, seconded by Councilman Griffin, and on the
following roll call vote:
AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor. Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this twenty - eighth day of January
1985.
Voges, U ty Clerk
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RESOLUTION NO. 5610 (1985 Series)
City Of SAn Luis OBISPO
Resotution
of APPRCCIAtIon
IN RECOGNITION OF THE SERVICES AND CONTRIBUTIONS OF
JUANITA QUALLS
a
WHEREAS, Juanita Qualls retired from the C7rover City Council on December 3, 1984,
having served !7rover City as cowiciimember since 1976 and as Mayor from 1982 to 198¢; and
WHEREAS, Juanita served on the South County Area Transit (S.C.A.T.) Board of Directors
and was an Alternate Member to the Regional Coastal Commission when it was in existence; and
WHEREAS, Juanita served on the League of California Cities Leisure Services Committee
and the Environmental Committee; and
WHEREAS, Juanita has been a devoted citizen and resident of Qrover City for thirty -
nine years and was instrumental in spearheading the incorporation of C7rover City; and
WHEREAS, Juanita helped to build Qrover City's first school and helped to open C7rover
City's first P.T.A. and Campfire unit; and
WHEREAS, Juanita also helped to establish the city's first post office; and
WHEREAS, in addition to her many contributions as an elected representative, Juanita
has been involved in many community and civic or including the 07-rover City Chamber
of Commerce, C7rover City Women in Chambers of Commerce, Veterans of Foreign Wars
mothers Club, Eastern Star, Qrover City Womens Club, and City of Hope;
NOW, THEREFORE, BE IT RESOLVED that the San Luis Obispo City Council wishes to
express its thanks to Juanita Qualls as a valued colleague for her cooperation and contribu-
tions to the community of Craver City and all the communities of San Luis Obispo County.
Qu motion of Councilman Settle, seconded by Councilman Griffin, and on the
following roil call vote:
AYES: Councilmembevs Settle, Griffin, DJbvey, Dunin, and Mayor Biilig
NOES: none
ASSENT: none
the foregoing Resolution was adopted this twenty-eighth day of January 1985.
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152-84
RESOLUTION NO. 5609 (1985 Series)
city Of s Luis 0B1S0*P0A%0
IN RECOO7NITION Of THE SERVICES AND CONTRIBUTIONS OF
ALFRED DUTRA
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WHEREAS, Alfred Dutra retired from the C7rover City Council on December 3, 198¢,
having served O7rover City as councilmember since August 2, 1961, and as Mayor from 1964
to 1966, 1968 to 1970, and 1974 to 1980; and r,
42iEREAS, At has been a long -time resident of C7rover City, spearheading the
incorporation movement; and
i
WHEREAS, At has been a fifteen -year member of the Zone 3 Advisory Committee,
advising San Luis Obispo County on Lopez Lake, and was also a member of the South County
Water Association; and
WHEREAS, At served as Director of the Fairgrove Fire Protection District; and i
WHEREAS, At was a member of the Equal Opportunity Commission and an Alternate
Member an the San Luis Obispo Area Coordinating Council; and
1'htEREAS, in addition.to his many contributions as an elected representative, At 4
has been involved in many community and civic organizations including the C7rover City {
Chamber of Commerce, the O7range, and the Mens Club;
NOW, THEREFORE, BE IT RESOLVED that the San Luis Obispo City Council wishes
to express its thanks to Alfred Dutra as a valued colleague for his cooperation and
contributions to the community of O7rover City and all the communities of San Luis Obispo
County.
i
On motion of Councilman Settle seconded by Councilman C7riffin, and on the
following roll call vote:
AYES: Counciimembers Settle, Griffin, Dovey, Dumin, and Mayor .Siilig
NOES: *u7*e
ABSENT: none
the foregoing Resolution was adopted this twenty - eighth day of January 1985. �
TY
152 .V
UTION NO. 5608 (1985 . Series)
CIty /' OBIzop't,
IN RECOGNITION Of THE SERVICES AND ACCOMPLISHMENTS OF
POLICE CHIEF ROGER L. NEUMAN
OF THE SAN LUIS 0131SPO POLICE DEPARTMENT
WHEREAS, Roger L. Neuman has had a distinguished public safety career spanning
thirty years beginning as a police officer with the City of Berkeley in 1954, was
promoted through the ranks to Captain with the City of Fremont, and has served as
Police Chief for San Luis Obispo since December 1, 1976; and
WHEREAS, he has improved the professional image of the San Luis Obispo Police
Department through innovative concepts locally as well as throughout the State of
California and the nation having served as the chairman of several committees including
the California Pot -ice Chiefs Training Committee, San Luis Obispo County Criminal Justice
Administrators Association, San Luis Obispo County Juvenile Justice Commission, County
Justice Systems Advisory C7roup (A-890 Committee), County Narcotics Task Force Board,
was a member of P.O. S. T. Command College Advisory Staff, a graduate of the 94th
Session of the FBI Academy; and
WHEREAS, he has coordinated the combined Police -Fire 911 Dispatch Center; the
installation of the computer -aided dispatch system; formulated the County Narcotics
Task Force; and
WHEREAS, he leaves behind him an excellent, well- trained and equipped, modern
police organization geared to serve the citizens with integrity, competence and
effectiveness; and
WHEREAS, he has demonstrated a strong leadership style and reinforced the
Management Team's motto for goals, unity, team spirit, otherwise identified as
OUTS; and
WHEREAS, after all of these accomplishments, Roger deserves a chance to go
fishing, golfing and to discover other areas of growth and enjoynent without inter-
ruption from the call of the Department; and
WHEREAS, his wife Judy and their car are packed and ready for more leisurely
trips to the trout streams in the Northwest and the remaining states;
NOIV, THEREFORE, BE IT RESOLVED that this City Council wishes to express
its gratitude and appreciation for the service he has performed and the contributions
he has made to the community and wishes him well in his retirement.
On motion of Councilman Settle, seconded by Councilman OTriffin, and on the
following roll call vote:
AYES: Counci I members Settle, O7riffin, Dovey, Dunin and Mayor Billig
NOES: none
ABSENT: none
this foregoing Resolution of Appreciation was adopted this twenty - eighth day of
Janua ru, 1985.
�I
CLERK
LANIE C. 8 LL -
RESOLUTION NO'.* 5607 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CONCERNING SCHEDULING OF REQUESTS FOR EXCEPTIONS
FROM THE RESIDENTIAL GROWTH MANAGEMENT REGULATIONS
The Council of the City of San Luis Obispo resolves:
1. This action is not a project as defined in the State CEQA Guidelines'.
2. Requests for exceptions from the Residential Growth Management Regulations
as provided in Municipal Code 17.,88.040 (A) shall be consid6r-ed by-- the-- council
at the time a projecif building permit application is submitted. and-deter-
mi . -ne.d to-be.corrplete. .,Requests for extension under Municipal Code 17.88.040 (B)
shall be considered when such a request is formally received.
3. This policy shall take effect irr mfdiately.
On motion of -Councilman. Griffin..... --.-F seconded by Councilman Settle ......
and on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig
NOES: Councilwoman Dovey
ABSENT: none
VA
City Administrative Officero
City Attorn,
..... .. .....
Community Deve-lopmnt Director -
R 5607
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RESOLUTION NO. 5606 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO FINDING THE EXISTENCE OF CERTAIN CLIMATIC,
GEOGRAPHIC AND TOPOGRAPHIC CONDITIONS WHICH JUSTIFY
AND REQUIRE SPECIFIC AMENDMENTS TO THE UNIFORM
CONSTRUCTION CODES.
WHEREAS, it is the desire and intent of the City Council of the City
of San Luis Obispo to adopt that body of regulations generally referred to
as the Uniform Construction Codes; and
WHEREAS state law allows modifications to substantive portions of
said Uniform Construction Codes relating to residential construction only
where local climatic, geographic or topographic conditions exist as
justifications; and
WHEREAS, the Chief Building Official of the City of San Luis Obispo
has provided information demonstrating the existence of certain climatic,
geographic and topographic features within the City of San Luis Obispo
which indicate the need for specific modifications to the Uniform
Construction Codes;
NOW THEREFORE, be it resolved and found by the City Council of the
City of San Luis Obispo as follows:
Findings:
1. The soils in the City are medium to highly expansive in nature
which can cause damage to foundations, structures and
underground utilities if not properly mitigated through known
construction techniques; and
R 560.6 F-25—
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Resolution No. 5606 (1985 Series)
Page Two
2. The hills and rolling topography. of the City. are subject to
earth slides and movements and present problems with surface
water drainage and disposal, and
3. The frequent high wind conditions, combined with the existence
of extremely dry vegetation on the hills and land within the
City, create an extreme fire hazard to all structures in the
City.
Further, it is determined that the amendments noted on Exhibit "A"
attached, are reasonable and necessary to mitigate the potentially
damaging effects of the above noted local conditions.
On motion of Councilwoman- Dovey , seconded by Councilman-Griffin,
and on the following roll call voter
pyES: Councilmembers Dovey, Griffin, Dunin, Settle and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this -15th- day of
January. 1985'
Resolution No. 5606 (1985 Series)
Page Three
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13
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AMENDMENTS, UNIFORM ADMINISTRATIVE CODE
Delete Subsection 301(b)l -E: Add a new Subsection 301(b)14 to read
as follows:
E Retaining walls which are not over-4- 2 feet in height measured
from the bottom of the footing to the 'top of the wall, unless
supporting a surcharge or impounding flammable liquids.
AMENDMENTS, UNIFORM BUILDING CODE
Delete Section 2623. Add new Section 2623 with subsections
a -b-c -d & e to read as follows:
(a) The minimum thickness of concrete floor slabs supported
directly on the ground shall be not less than 4 inches.
(b) Minimum reinforcing for slabs on grade shall be 3/8 inch
deformed bars at 18 inches on center each way or a. single
layer of 6 x 6 - 6/6 WWM supported on chairs or blocks
spaced 24 inches on center each way. Slab reinforcement
shall extend to within 2 inches of the exterior edge of
slabs.
EXHIBIT 66A9'
(c) Minimum reinforcing for masonry fireplace foundations shall
be 1/2 inch deformed bars spaced 12 inches on center each
way placed 3 inches from bottom of pads. Vertical
reinforcing for chimneys shall hook under the foundation
reinforcing bars.
(d) Tie bar reinforcing between slabs on grade and foundation
stem walls shall be 3/8" deformed bars at 18" on center,
.placed in foundation walls and bent at least 24" into the
slabs and tied to the slab reinforcing.
Exception: Floating slabs justified by an engineered
design.
(e) Openings in,slabs on grade for bathtub piping and traps,
planters or other similar uses shall be sealed with
concrete walls and bottom, 2" minimum thickness.
Exception: Plastic tub boxes may be used in lieu of
concrete if properly sealed around all edges and pipe
penetrations.
Delete Subsection 2905(d). Add new Subsection 2905(d) to read
as follows:
(d) Expansive Soils. When expansive soils are present,
the building official may require that special provisions
be made in the foundation design and construction to
safeguard against damage due to this expansiveness. He may
require a special investigation and report to provide this
design and construction criteria.
2
U •
Moisture- content-- for expansive - soils- shall- be 100 % - of
optimum- to-a--depth of twenty -four (24)- inches- below-slab
bottams and-shall-be maintained-until-slabs- are - poured -
Soils -under slabs -shall be- tested -for moisture content - -and
slabs shall-be- poured within 24 hours of-obtaining -the-
required- moisture - content:.- --- Soil- density-may- be-85 %- after._
premoistening for -all soils-with.-an.-expansion-index-greater-._
than 50 -The area -under raised - flours need -not be
premoistened.
Delete Subsection 2905(f). Add new Subsection 2905(f) to read
as follows:
(f) Drainage. Provisions shall be made for the control
and drainage of surface water around buildings.
All - utility - -and /or-other trenches--pipe chases, -and-
s'i;milar openings- through- foundations, - -shall be -sealed. -
against -water migration: - -Area- wells-for underfloor. access_
shall -be- installed -with -curbs extendin2- 6...inches--mininnun-
above -the .adjacent grade-.and-drains-in--the--bottom to-
prevent--surface-.and-rainwater--from entering- under -the-
building.
Drainage -water fraan-- .improvements.-and- land °contour changes -
shall - -not drain onto :or -across --adjacent - properties - except
in- recorded drainage easements -or natural waterways.
Section 2905. Add a new Subsection (g) to Section 2905 to read
as follows:
(g) Disposal. All drainage facilities shall be designed to
carry waters to the nearest.practicable drainage way
approved by the Building Official and /or other appropriate
jurisdiction as a safe place to deposit such waters.
Erosion of ground in the area of discharge shall be
prevented by installation of non - erosive downdrains or
other devices. Building pads shall have a minimum drainage
gradient of 2 percent toward approved drainage facilities,
unless waived by the Building Official.
Delete Subsection 2907(d). Add a new Subsection 2907(d) to read
as follows:
(d) Footing Design. Except for special provisions of
Section 2909 covering the design of piles, all portions of
footings shall be designed in accordance with the
structural provisions of this code and shall be designed to
minimize differential settlement.
Isolated footings and piers; exterior of perimetei
foundation, -- shah -be designed- with_depths a.minimum -of-24
inches-below the- lowest adjacent natural _undisturbed -- grade:
4
Table 29 -A. Delete Table 29 -4 and substitute a new Table 29-A
as follows:
TABLE NO. 24A (AMENDED)
FOUNDATIONS FOR STUD-BEARING WALLS —
MINIMUM REQUIREMENTS'2
NUMBER OF
FLOORS
SUPPORTED
FOOTING AND STEMWALL SIZES
DEPTH BELOW GRADE
BY THE
STEM
FOOTING
FOOTING
PERIMETER
INTERIOR
FOUNDATION 3
THICKNESS
WIDTH
THICKNESS
FOOTINGS
FOOTINGS
1
B"
12"
B"
21-
12"
2
8"
12"
8"
24"
18"
3
1011
15"
B"
30"
24"
1. The ground under the floor may be excavated to the elevation of the top of the footing.
2. A 12" minimum width grade beam shall be provided for garage openings. Dep th shall
be as specified in this table.
3. Foundations may support a roof in addition to the stipulated number or floors. Foundations supporting
roofs only shall be as required for supporting one floor.. Slabs supported on grade need not be considered
a floor for purposes of footing depths and widths. -
Subsection 3703(f). Change the second paragraph. to read as
follows:
"All incinerator and - fireplace- chimneys shall terminate in
a substantially constructed spark arrester having a mesh
not exceeding 1/2 inch."
9
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AMENDMENTS, UNIFORM PLUMBING CODE
Section 317.' Amend subsection (d) to read as follows:.
(d) All excavations shall be completely baekfilled as soon
after inspection as practicable. A.-layer-of-sand or fine
Gravel shall- be- placed- in all-sewer trenches- to- provide -a --
levelling--and-laying- bed.-for pipe: Adequate precaution
shall be taken to insure proper compactness of backfill
around piping without damage to such piping. Trenches
shall be backfilled in thin layers to twelve (12) inches
(.3 m) above the top of the piping with clean earth which
shall not contain stones; boulders, cinderfill or other
materials which would damage or break the piping or cause
corrosive action. Mechanical devices such as bulldozers,
graders, etc., may then be used to complete backfill to
grade. Fill shall be properly compacted. Suitable .
precautions shall be taken to insure permanent stability
for pipe'laid in filled or made ground.
Section 401. Delete subsection (a). Add a new subsection (a)
to read as follows:
(a) Drainage piping shall be cast iron,.galvanized steel,
galvanized wrought iron, lead, copper, brass, ABS, PVC,
extra strength vitrified clay pipe, or other approved
materials having a smooth and uniform bore, except that:
(1) No galvanized wrought iron or galvanized steel pipe
shall be used underground and shall be kept at least six
(6) inches (152.4 mm) above ground.
(2) ABS- -or PVC-instailations shall be-- limited to
combustible residential construction.
(3) No vitrified clay pipe or fittings shall be used above
ground and shall be kept at least twelve (12) inches (3m)
below ground.
(4) Bituminous- fiber -pipe shall- not-be-used-as- a-buildi
drain -or-- sewer:
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RESOLUTION NO. 5605 (1984 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR
SUBDIVISION NO. 84 -267 LOCATED- AT 603 LUNETA- -
DRIVE AND 602 SERRANO DRIVE
BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows:
SECTION 1. Findings. That this:Council; after consideration of the
tentative map of Minor Subdivision No. 84 -267, and the Community Development
Director's recommendations, staff recommendations and reports thereon, makes the
following findings:
1. The proposed parcel map and design are consistent with the general plan.
2. The site is physically suited for the proposed type and density of development
which is permitted by the R -1 zone.
3. The design is not likely to cause substantial environmental damage or cause
serious health problems.
4. The design of the proposed subdivision will not conflict with public easements
for access through, or use of property within the proposed subdivision.
SECTION 2. Exceptions. Denial of a reduction of accessway (flag width) to
Parcel 2 from 24 feet to 20 feet for the'southerly 95 feet of the accessway, based
on the following findings:
1. The exception requested would constitute a grant of special privilege., since
similar properties in the vicinity are developed in full compliance with
access requirements.
2. There is no special physical circumstance which prevents development of the
property in compliance with access regulations.
3. The exception requested would significantly reduce.landscaping at the Serrano
Drive frontage of the property, resulting in an appearance inconsistent with
the character of the neighborhood.
SECTION 3. Exceptions. Approval of a reduction of Luneta Street improvement
requirement from full -width improvements to improvement of one -half street, based
on the following findings:
1. The property to be divided is of such shape and is affected by such topographic
conditions that it is undesirable, in the particular case, to conform to the
strict application of these regulations.
R 5605
Resolution No. 5605 ._1984 Series)
Page 2
2. The cost to the subdivider of strict or literal compliance with the regulations
is not the sole reason for granting the modification.
3. The modification will not be detrimental to the public health, safety and
welfare, or be injurious to other properties in the vicinity.
4. Granting the modification is in accord with the intent and purpose of the .
Subdivision Regulations, and is consistent with the general plan and with all
applicable specific plans or other plans of the city.
SECTION 4. Conditions. That the approval of the tentative map for Minor
Subdivision No. 84 -267 be subject to the following conditions:
1. Subdivider shall install frontage improvements consisting of curb, gutter,
sidewalk„ street trees, and paving for an 18 -foot travel lane within Luneta
Drive right -of -way, including an asphalt berm or retaining wall.for.drainage
control along the northerly edge of paving, in accordance with city standards
and to the approval of the City Engineer.
2. Subdivider shall erect barriers to prevent through - traffic on Luneta Drive,
to the approval of the City Engineer.
3. Subdivider shall erect "No Parking" signs and curb markings on Luneta Drive,
to the approval of A he City Engineer and Fire Marshal.
4. Access to Parcel 2 shall be via a 16 -foot driveway in a 20 -foot accessway
( "flag ") to Luneta Drive.
5. Subdivider shall provide on -site drainage easements and facilities conducting
storm drainage to a suitable point of disposal to the approval of the
Community Development director and the City Engineer.
6. A final map shall be submitted to the Director for approval and recordation.
7. Improvements required by Conditions 1, 2, and 3 are determined to be necessary
for the orderly development of the vicinity, and shall be installed or bonded
for as a condition of final map approval.
On motion of Councilman Settle ,'seconded by Councilwoman
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
I
the foregoing.resolution was passed and adopted this 15th day of January ,
1985.
ATTEST•
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City Clerk Pamela Vo s
Resolution No. 5605 (1984 Series)
Page 3
APPROVED:
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City Administrative Officer v
City Atto ney
Community Development Director
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Recording requested by
and when recorded mail to:
DOC. NO 4421
OFFICIAL RECORpg
SAN LUIS 08ISPO CO:, CAL
City Clerk JAN 2 8 1985
City of San Luis Obispo FRANCIS M. COONEY
P.O. Box 8100 COU* Cift- Peoorder
San Luis Obispo,, CA 934034iodIWE ,`1 2 ?2-0 PM
RESOLUTION NO. 5604 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBI SPO FINDING AND DETERMINING THAT
A PORTION OF MONARCH STREET BETWEEN PHILLIPS
LANE AND THE SOUTHERN PACIFIC RAILROAD R/W
IS UNNECESSARY FOR PRESENT OR PROSPECTIVE
PUBLIC STREET PURPOSES AND ORDERING THE
ABANDONMENT OF SAME SU13JWT TO EASEMENT
RESERVATION FOR UTILITIES
3
7030
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. In accordance with the public hearing duly held on
January 15,1985, pursuant to Section 8300 et seq. of the California
Streets and Highways. Code, this Council finds and determines that the
portion of Monarch Street right of way between the Southern Pacific.
Railroad R/W and Phillips Lane as described and shown on the map marked
Exhibit "A ", attached hereto and incorporated herein is not necessary for
present or prospective public street purposes.
SECTION 2 This Council hereby orders the abandonment of said
right -of -way subject to reservation of an easement for public utilities as
follows:
"Reserving, however, to Pacific Gas and Electric Company the right .
from time to time to install, maintain, repair,operate replace,
remove, and renew lines of.pipes, wires, poles, and other structures,.
equipment and fixtures both above and underground for the operation
of said facilities in said road."
von 2672 PKE 512
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R 5604
Resolution No. 5604 (1985 Series) Page 2.
SECTION 3. The City Clerk shall cause a certified copy of this Order
of Abandonment, duly attested under the seal of the City to be recorded in
the Office of the Recorder of the County of San Luis Obispo.
On motion of Councilman Settle - , seconded by Councilman Dunin..
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig
NOES: None
ABSENT: Councilman Griffin
the foregoing Resolution was passed and adopted this 15th day of
January ..... , 1985.
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ATTEST:
CITY PAMELA VOGES
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City Eng rer
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6 LEGAL DESCRIPTION:
That portion of Monarch St. as shown
on map of the Hathway Addition to''the
l� City of San Luis Obispo as recorded
in Book A of Maps at Page 130 on -:,
' Oct. 18, 1887 in the office of the
SLO County Recorder, bounded:on the
northeast by the southwesterly line
of the Southern Pacific Railroad -
' right- of-way and on the south by'the
prolongation of the northerly line
of Phillips Lane (formerly 2nd St.).,
and on the west by the easterly line
of Lot 1, Block 4 of said Hathway
Addition..
LEGEND
®Arco 7b be obondoned
EXHIBIT A
C, �f
PORTION OF MONARCH ST.
San LUIS OBISPO ABANDONMENT
EASTERLY OF JOHNSON AVE.
990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93408 'TgNG - Dec.. IoS4
DATAPRINT NI5$01
END OF DOCUMENT VD 26?2PACE5 A
i\ O
a
a
loo
1
1
1
1
1
1
1
j sco /e I " -so,
1
1
1
1
1
1
1
1
15 14
A�0
6 LEGAL DESCRIPTION:
That portion of Monarch St. as shown
on map of the Hathway Addition to''the
l� City of San Luis Obispo as recorded
in Book A of Maps at Page 130 on -:,
' Oct. 18, 1887 in the office of the
SLO County Recorder, bounded:on the
northeast by the southwesterly line
of the Southern Pacific Railroad -
' right- of-way and on the south by'the
prolongation of the northerly line
of Phillips Lane (formerly 2nd St.).,
and on the west by the easterly line
of Lot 1, Block 4 of said Hathway
Addition..
LEGEND
®Arco 7b be obondoned
EXHIBIT A
C, �f
PORTION OF MONARCH ST.
San LUIS OBISPO ABANDONMENT
EASTERLY OF JOHNSON AVE.
990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93408 'TgNG - Dec.. IoS4
DATAPRINT NI5$01
END OF DOCUMENT VD 26?2PACE5 A
O M.'Mol-cle d
womc .-rc)
t,
�i
RESOLUTION NO. 5603 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT
1123 (ALTA VISTA WOODS)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the Subdivision improvements for Tract 1123 are hereby
accepted as complete by the City of San Luis Obispo.
SECTION 2. The Council hereby authorizes release of 90% of the Performance
Bond.(assigned account). Ten percent (10 %) shall be maintained to guarantee
the improvements for one year in accordance with the Subdivision Agreement.
On motion of Councilman Settle , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig
NOES: None
ABSENT: Councilman Griffin
the foregoing Resolution was passed and .adopted this:15th day of January ,
1985.
ATTEST:
CITY CL RK Pk LA VOGESO
R 5603
r
Resolution No. 5603 (1485 Series)
Page 2.
022*li/ "I
p,.-tajwsrA,A-
City AdministratYre Offi er
City A orney
City Engin er
`.J
17)
f
RESOLUTfON.NO. 5602 (1985 Series)
.A 1 li_S01.U`PION OF 176: CoUNC11 01: '1'I1G CI'T'Y OE SAN
LUIS OBISPO APPROVIN(: AN AGRE. KENT L1.1"RJ [iN "1'liF
CI'T'Y AND THOMPSON ASSOCIATES FOR CONSULTANT
SERVICES IN CONNECTION WITH THE DESIGN OF THE
AMTRAK TERMINAL
BE I1' i:i.- SOLVED by the Co till c i l of I. iit, C'i t,y of San Luis Obispo as follows:
SL'CTTON 1. That curtain agreement, attached hereto marked Exhibit "A"
and incorporated herein by ref:ererncc, between the City of San Luis Obispo and
Thompson Associates
is hereby approved and the Mayor is authorized to execute the same.
SECTIO14 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement ,approved by it to: Thompson Associates
84 First 'Street
Safi Francisco, CA 94105
On motion of Councilman Settle seconded by Councilman Dunin ,
and on the following roll call vote :.
AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig
NOES: None .
ASSENT: Councilman Griffin
the foregoing Resolution was passed and adopted this 15th day of. January 1985.
R 5602
CONSULTANT'S SERVICES AGREEMENT
This agreement, made this 15th day of Janus 1985 , by and
between the CITY OF SAN LUIS OBISPO, California (hereinafter.referred
to as "City "), and THOMPSON ASSOCIATES, of San Francisco, California
(hereinafter referred to as "Consultant ")..
WITNESSETH:
WHEREAS, City desires to retain certain design services in
conjunction with improvements to the Amtrak Terminal and surrounding
parking and loading areas. The services being provided by this
consultant under this contract are the evaluation of alternative site
plans and architectural improvements and the preparation of preliminary
plans and cost estimates and final plans and specifications and
estimates.
WHEREAS, City desires to engage Consultant to provide these
services by reason of its qualifications and experience for performing
such services, and Consultant has offered to provide the required
services on the terms and in the manner set forth herein:
1
NOW, THEREFORE, in consideration of their mutual covenants, the
Parties hereto agree as follows:
1. PROJECT_ COORDINATION
a. City. Nancy Knofler, Transit Coordinator shall be the
representative of the City for all purposes under this
agreement and hereby is designated as the Project Manager
for the City. She shall supervise the progress and
execution of this agreement.
b. Consultant. Consultant shall assign a single Project
Manager to have overall responsibility for the progress
and execution of this agreement for Consultant. Richard
Thompson hereby is designated as the Project Manager for
the Consultant. Should circumstances or conditions
subsequent to the execution of this agreement require a
substitute Project Manager for any reason, the Project
Manager designee shall be subject to the prior written
acceptance and approval of the City's Project Manager.
2. DUTIES OF CONSULTANT
a. Services to be furnished Consultant shall provide all
specified services and identify all subcontractors as set
forth in Work Scope - Exhibit "A" attached hereto and incorporated
herein by this reference.
b. Laws to be observed. Consultant shall:
(1) Procure all permits and licenses, pay all charge and
fees, and give all notices which may be necessary and incident to the
due and lawful prosecution of the services to be performed by
Consultant under this agreement;
(2) Keep itself fully informed of all existing and
proposed federal, state and local laws, ordinances, regulations,
orders, and decrees which may affect those engaged or employed under
this agreement, any materials used in Consultant's performance under
this agreement, or the conduct of the services under this agreement;
(3) At all times observe and comply with, and cause all
of its employees to observe and comply with all of said laws,
ordinances, regulations, orders, and decrees mentioned above;
(4) Immediately report to the City's Project Manager in
writing any discrepancy or inconsistency it discovers in said laws,
ordinances, regulations, orders, and decrees mentioned above in
relation to any plans, drawings, specifications, or provisions of this
agreement.
C. Release of reports and information. Any reports,
information, data, or other.material given to, or prepared or assembled
by Consultant under this agreement shall be the property of City and
3
shall not be made available to any individual or organization by
Consultant without the prior written approval of the City's Project
Manager.
d. Copies of reports and information: If City requests
additional copies of reports, drawings, specifications, or any other
material in addition to what the Consultant is required to furnish in
limited quantities as part of the services under this agreement.
Consultant shall provide such additional copies as are requested, and
City shall compensate Consultant for the costs of duplicating of such
copies at Consultant's direct expense.
e. Recordkeeoirg and audit. Consultant shall establish and
maintain separate accounting records specified for the activities of
the design services. Consultant's accounting system shall conform to
generally accepted accounting principles and all records shall provide
a breakdown of total costs charged to the design services including
properly executed payrolls, time records, invoices, and vouchers. All
consultant accounting records pertaining to the design services shall
be made available for audit by the California State. Department of
Transportation or State Auditor General upon request for a period of
three years after payment of the final sums due by the City under this
agreement.
f. Qualifications of Consultant. Consultant represents that
it is qualified to furnish the services described under this agreement.
4
3. DUTIES OF CITY
City agrees to cooperate with Consultant and to perform that work
described in Exhibit "A" attached hereto and incorporated by this
reference.
4. PRODUCTION TIME SCHEDULE
All materials shall be produced, delivered, and distributed in
accordance with the production time schedule - Exhibit "B" attached and
incorporated by reference, unless revisions to the schedule are
approved by the City's Project Manager_
5_ COMPENSATION
City will pay Consultant upon receipt of materials and according to
pay schedule attached as Exhibit "C" and incorporated herein by
reference.
6. TEMPORARY SUSPENSION
The City Project Manager shall have the authority to suspend this
agreement wholly or in part, for such period as she deems necessary due
to unfavorable conditions or to the failure on the part of Consultant
to perform any provision of this agreement. Consultant will be paid
the compensation due and payable to the date of temporary suspension.
5
7. SUSPENSION: TERMINATION
a. Right to suspend or terminate. The City retains the right to
terminate this agreement for any reason by notifying Consultant in
writing seven days prior to termination and by paying the compensation
due and payable to the date of termination; provided, however, if this
agreement is terminated for fault of Consultant, City shall be
obligated to compensate Consultant only for that portion of Consultant
services which are of benefit to City. Said compensation is to be
arrived at by mutual agreement of the City and Consultant and should
they fail to agree, then an independent arbitrator is to be appointed
and his decision shall be binding upon the parties.
b. Return of materials. Upon such termination. Consultant shall
turn over to the City immediately any and all copies of studies,
sketches, drawings, computations, and other data, whether or not
completed,- prepared by Consultant, and for which Consultant has
received reasonable compensation, or given to Consultant in connection
with this agreement. Such materials shall become the permanent
property of City. Consultant, however, shall not be liable for City's
use of incomplete materials or for City's use of complete documents if
used for other than the project contemplated by this agreement.
8. 1NSPECTION
Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed
6
in accordance with the requirements and intentions of this agreement.
All work done and all materials furnished, if any, shall be subject to
the City's Project Manager's inspection and approval. The inspection
of such work shall not relieve Consultant of any of its obligations to
fulfill its agreement as prescribed.
9. OWNERSHIP OF MATERIALS
All original drawings, plans, documents and other materials
prepared by or in possession of Consultant pursuant to this agreement
shall become the permanent property of the City, and shall be delivered
to the City upon demand.
10. INDEPENDENT JUDGMENT
Failure of City to agree with Consultant's independent findings,
conclusions, or recommendations, if the same are called for under this
agreement, on the basis of differences in matters of judgment shall not
be construed as a failure on the part of Consultant to meet the
requirements of this agreement.
11. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES
This agreement is for the performance of professional design
services of the Consultant and is not assignable by the Consultant
without prior consent of the City in writing. The Consultant may
employ other subcontractors to perform special services as identified
7
in Exhibit "A ". Should circumstances or conditions subsequent to the
execution of this agreement require a substitute subcontractor for any
reason, the subconsultant designee shall be subject to prior written
acceptance and approval of the City's Project Manager.
12. NOTICES
All notices hereunder shall be given in writing and mailed, postage
prepaid. by Certified Mail. addressed as follows:
To City: City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
To Consultant: Thompson Associates
84 1st Street
San Francisco, CA 94105
13. INTEREST OF CONSULTANT
Consultant covenants that it presently has no interest. and shall
not acquire any interest, direct or indirect, financial or otherwise.
which would conflict in any manner or degree with the performance of
the services hereunder. Consultant further covenants that, in the
performance of this agreement, no subcontractor or person having such
an interest shall be employed. Consultant certifies that no one who
8
has or will have any financial interest under this agreement is an
officer or employee of City. It is expressly agreed that, in the
performance of the services hereunder, Consultant shall at all times be
deemed an independent contractor and not an agent or employee of City.
14. INDEMNITY
Consultant hereby agrees to indemnify and save harmless City, its
officers, agents and employees of and from:
(1) Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any injury to or death
of any person or corporation caused by any negligent act or omission of
Consultant under this agreement or of Consultant's employees or agents;
(2) Any and all damage to or destruction of the property of City,
its officers, agents, or employees occupied or used by or in the care,
custody, or control of Consultant, or in proximity to the site of
Consultant's work, caused by any negligent act or omission of
Consultant under this agreement or of Consultant's employees or agents;
(3) Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any injury to or death
of or damage suffered or sustained by any employee or agent of
Consultant under this agreement, however caused, excepting, however,
any such claims and demands which are the result of the negligence or
willful misconduct of City, its officers, agents, or employees;
(4) Any and all claims and demands which may be made against City.
its officers, agents, or employees by reason of any infringement or
alleged infringement of any patent rights or claims caused by the use
of any apparatus, appliance, or materials furnished by Consultant under
this agreement: and
(5) Any and all penalties imposed or damages sought on account of
the violation of any law or regulation or of any term or condition of
any permit when said violation of any law or regulation or of any term
or condition of any permit is due to negligence on the part of the
Consultant.
Consultant, at its own costs, expense, and risk, shall defend any
and all suits, actions, or other legal proceedings that may be brought
or employees on any such claim or demand of such third persons, or to
enforce any such penalty, and pay and satisfy any judgment or decree
that may be rendered against City, its officers, agents, or employees
in any such suit, action, or other legal proceeding, when same were due
to negligence of the Consultant.
15. WORKERS COMPENSATION
Consultant certifies that it is aware of the provisions of the
Labor Code of the State of California, which require every employer to
be insured against liability for workers compensation or to undertake
self- insurance in accordance with the provision of that code, and it
certifies that it will comply with such provisions before commencing
the performance of the work of this agreement.
10
16. .INSURANCE
At the request of the City, Consultant shall provide satisfactory
proof of comprehensive general liability insurance ($500,000)
(including automobile) and professional liability insurance ($250,000)
satisfactory to the City.
17. AGREEMENT. BINDING
The terms, convenants, and conditions of this agreement shall apply
to, and shall bind, the heirs, successors, executors, administrators,
assigns, and subcontractors of both parties.
18. WAIVERS
The waiver by either party of any breach or violation of any term,
covenant, or condition of this agreement or of any provision,
ordinance, or law shall not be deemed to be a waiver of any subsequent
breach of violation of the same or of any other term, covenant,
condition, ordinance, or law. The subsequent acceptance by either part
of any fee or other money which may become due hereunder shall not be
deemed to be a waiver of any preceding breach or violation by the other
party of any term, covenant, or condition of this agreement or of any
applicable law or ordinance.
19. COSTS AND.ATTORNEY'S FEES
The prevailing party in any action between the parties to this
agreement brought to enforce the terms of this agreement or arising out
11
of this agreement may recover its reasonable costs and attorney's fees
expended in connection with such an action from the other party.
20. DISCRIMINATION
No discrimination shall be made in the employment of persons under
this agreement because of the race, color, national origin, ancestry,
religion, physical or mental disability, or sex of such person.
If Consultant is found in violation of the nondiscrimination
provisions of the State of California Fair Employment Practices Act or
similar provisions of federal law or executive order in the performance
of this agreement, it shall thereby be found in material breach of this
agreement, in whole or in part, or to deduct from the amount payable to
Consultant the sum of Twenty -five Dollars ($25) for each person for
each calendar day during which such person was discriminated against,
as damages for said breach of contract, or both. Only a finding of the
State of California Fair Employment Practices Commission or the.
equivalent federal agency or officer shall constitute evidence of a
violation of contract under this paragraph.
Consultant shall comply will the applicable provisions of the
Nondiscrimination Clause - Exhibit "D" attached hereto and incorporated
herein by this reference.
If Consultant is found in violation of the nondiscrimination
provisions of this agreement or the applicable affirmative action
guidelines pertaining to this agreement , Consultant shall be found in
12
n
material breach of the agreement, in whole or in part, or to deduct
from the amount payable to Consultant the sum of Two Hundred Fifty
Dollars (5250) for each calendar day during which Consultant is found
to have been in such noncompliance as damages for said breach of
contract, or both.
21. AGREEMENT CONTAINS ALI, UNDERSTANDINGS
This document represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral. This document
may be amended only by written instrument, signed by both City and
Consultant. All provisions of this agreement are expressly made
conditions. This agreement shall be governed by the laws of the State
of California.
IN WITNESSETH WHEREOF, City and Consultant have executed this
agreement the day and year first above written.
THOMPSON ASSOCIATES CITY OF SAN LUIS OBISPO
By: B
Melani C. Billig,
ATTEST:
P mela Vogess, Cit Clerk
Dated:
13 T
_t
EXHIBITS
Exhibit "A" - Work Scope
Exhibit "B" - Production Time Schedule
Exhibit "C" - Cost of Production and Pay
Schedule
Exhibit "D" - Nondiscrimination Clause
14
EXHIBIT "A ": AMTRAK TERMINAL PROJECT WORK SCOPE
PHASE I - REVIEW OF PROJECT CONSTRUCTION WORK
1. Site /Structures Investigation & Program Verification.
2. Test site plan (Map #3) with refined program requirements and
make appropriate revisions.
3. Provide sketch designs for miscellaneous architectural
improvements including pedestrian shelter, handicapped
toilets, and basic proposals for floor wall material section.
4. Report outlining existing conditions of facilities, required
new work and restoration, and itemized preliminary cost
estimate.
PHASE II - PREPARATION OF PRELIMINARY PLANS
1. Prepare refined preliminary plans including a parking
utilization proposal.
2. Provide user groups with refined preliminary plans and solicit
comments.
3. Prepare exhibits for Architectural Review Commission (ARC)
review.
4. As needed, revise plans in response to ARC direction and
present to City Council for approval. Revise as needed to
incorporate Council directed revisions.
PHASE II_I
1. Final design and construction documents
2. Final cost estimate
APPROVED SUBCONTRACTORS
Harris and Associates Design Engineering Services Ray Lindahl, Inc
Lafayette, CA San Francisco, CA San Francisco, CA
15
PHASE I - REVIEW OF PROJECT CONSTRUCTION WORK
I.1 Site /Structures Investigation & Program Verification
This task will involve assemblage of all basic data and program
assumptions used in the design of present site plan (Map #3).
I.1.1) Site-Data: Obtain, with City assistance, all available
utility maps, surveys, aerial photo maps, and geotechnical
information. Notify client of additional data requirements.
I.1.2) Traffic Data: Verify peak hour flows, car -bus circulation and
movements /schedules, auto - pedestrian /bicycle conflicts.
I.1.3) Architectural Survey: Obtain set of "as- built" drawings of
Depot from Southern Pacific. Dependent on detail of these
drawings, conduct and verify by a measured survey those
portions of structure requiring new work /renovation.
I.1.4) Building Condition Survey: Conduct inspection of Depot for
the following:
a. general structural condition
b. termite /dry rot in areas where improvements are projected
c. roof condition
d. electrical & plumbing (condition & code completion)
Note: City building officials will assist in this task.
I.1.5) Site Condition Survey: Conduct inspection of the site for the
following:
a. Conduct inspection of the site for verification of
existing data, identifying drainage problems, visually
assessing the condition of the existing facilities.
b. Receive from the City, surveying data.including pavement
and curb elevations, storm and sanitary sewer invert
elevations, and any off -site elevations necessary to
coordinate the design.
C. Establish the adequacy of the existing structural
sections within the proposed,parking Iot/ circulation
areas.
16
11..2 Test Site Plan (Ma S3
This task will involve analysis of data assembled in previous tasks in
order to test existing conceptual site plan prepared by City staff.
Consultant will prepare an "opportunities" and "constraints" site map _
illustrating program assumptions, possible conflicts, opportunities,
traffic circulation, etc. Consultant will also provide alternate site
plan solutions as suggested by conclusions drawn from
"opportunities /constraints ".
At this point, alternatives will be reviewed by City staff with
direction provided for preparation of report identified in I.4.
I.3 Preliminary Sketch Design for Architectural_ Improvements
Improvements:
a. Prepare preliminary floor plan layout for handicap restrooms
and for interior passenger waiting /Amtrak ticket area.
b. Provide preliminary materials selection for new /renovation
work on Depot.
C. Prepare preliminary sketch design for pedestrian waiting
structure.
(These plans will be reviewed by City staff [along with site plan
alternatives -Item I.2) with direction provided for preparation of
report identified in I.4)
I.4 Report Preliminary Cost Estimate
Consultant will prepare a report documenting recommendations for all
improvements. Included in this documentation will be a preliminary
line item cost estimates for all improvements. The estimates will be
based on revised site plan (see I.2) and preliminary sketch designs
prepared under task I.3.
In addition. Consultant will prepare cost estimates for improvements to
the parking area north of the terminal and Santa Rosa Street (area to
remain in Southern Pacific ownership).
to Pre
a) Amtrak
b) Southern Pacific
c) City staff
d) public and private bus service providers
e) appropriate private sector entities, such as Railroad Square
occupants
Note: All meetings with these groups shall be scheduled by
City staff to coincide with other meetings described in work
scope.
17
PHASE.II - PREPARATION OF PRELIMINARY PLANS
II.1 ARC /City Council Review
II -1.1) Based on task I sketch designs and user group responses,
consultant will prepare preliminary design drawings suitable
for review by the Architectural Review Commission.
Illustrative drawings shall include:
a. colored plan and elevations of architectural, improvements
b. a site plan showing: lighting, landscaping, traffic
circulation, parking spaces and their use, and the
location of transfer areas between different types of
transportation.
C. materials board of selected proposed colors and materials
II.1.2) Consultant shall present preliminary plans to the ARC and
revise plans as needed until the ARC gives final approval.
II.1.3) Consultant shall present revised preliminary plans to the City
Council and incorporate further plan revisions as needed until
the Council gives final approval.
PHASE III - PREPARATION OF FINAL BID DOCUMENTS
III.1 Final bid documents: Based on approved ARC /City Council
drawings, prepare bid documents detailing the work to be
carried out. Consultants work shall include all Civil,
Architectural, Structural, Electrical. Mechanical, and
Landscape Drawings and Specifications needed to describe the
work and as needed to request formal construction bids.
III.2 Revisions based on final agencies review (such as Amtrak,
Southern Pacific, Caltrans, and City).
LII.3 Final Cost Estimate - Preliminary cost estimate to be refined
based on final agencies review.
18
r
In[ernodal Facilities
Bus /taxi shelter: for 16 people
includes: telephone, benches. 4 transit inforeation
Bus loading tone (2)
Taxi loading tone (2)
Bike lockers: for 16 bikes
Bike stands: for 24 bikes
Park and Ride spaces (2)
Parking Areas: I
standard handicapped compact total motorcyc er"
A 18 10 28 9
8 23 2 7 32 2
C 31 2 12 45
0 50 1 18 69 7
I
Totals: 122 5 47 174 18
N\00C
Park & Ride spaces
\ Assisted housing. project.
N
m
m
CIS
Cr
m
\Z Z
Bike stc
Loading zone
ry. gZ
Station
shelter
7Bus parking
accessory build
Pedestrian walkways
. � City of MAP #3
CRIZO A San LUIS. u3isp0 INTERMODAL FACILITY
peparUnent of Community Development
990 Palm StrestlPost Offlce.lioit 321. San Luls Oblapo. CA 93408 PROJECT
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EXHIBIT "C"
COST OF PRODUCTION AND PAY SCHEDULE
Phase I
Phase IT
Phase III
3a) 50% completion
3b) 90% completion
3c) 100% completion
Maximum reimbursable expenses
TOTAL MAXIMUM FEE
$ 20,660
5,170
10,265
8,149
4,916
$ 49,160
$ 1,560
$ 50,720
REIMBURSABLE EXPENSES
Reimbursable expenses, such as travel, printing, postage, and telephone
calls, shall be allowed up to a maximum amount of $1,560. Travel
expenses assume a maximum of four meetings with the ARC and the City
Council. Consultant shall submit itemized invoices for reimbursement
purposes. Consultant shall be responsible for all expenses beyond said
amount necessary to complete project, except for additional ARC and
City Council meetings. The consultant will be additionally reimbursed
for direct travel expenses in order to attend such meetings.
21
EXHIBIT D
NONDISCRIMINATION CLAUSE
(ocr - 2)
1. During the performance of this contract, the recipient,
contractor and its subcontractors shall not'deny the
contract's benefits to any person on the basis of religion,
color, ethnic group identification, sex, age, physical or
mental disability, nor shall they discriminate -unlawfully
against any employee or applicant for employment because
of race, religion, color; national origin, ancestry,
physical handicap, mental disability, medical condition,
marital status, age or sex. Contractor shall insure that
the evaluation and treatment of employees and applicants
for employment are free of such discrimination.
2. Contractor shall comply with the provisions of the Falr
Employment and flousIngAct.(Government Code,,Secti.on
12900 .et seq.)-;,.the regulations .promul gated. thereunder.
�
(California Admi °nlstrative= Code-- :Ti`tle 2; Section -7285.0:
et seq,), the provisions of Article 9.5; Chapter 1, Part 1,
Division 3, Title 2 of the: :.Government Code (GGovernment'
Code, Sections 11135 - 11139.5) and the regulations.or stand-
ards adopted by the awarding State agency to implement such
article.
3. Recipient, contractor and its subcontractors shall give
written notice of their obligations under this clause to
labor organizations with which they have a collective .
bargaining or other agreement.
4. The contractor shall include the nondiscrimination.and .
compliance provisions of th#s.clause in all subcontracts
to perform work under the.contracto
sro. tse (NEW s -eat
22
��
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RESOLUTION NO. 5601(1985.Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND MIKE'S COPY &
GRAPHICS_ "TO PROVIDE COPYING SERVICES TO THE CITY
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit
"A" and incorporated herein be reference, between. the City of San Luis
Obispo and Mike's Copy '&-Graphics. ..
On motion of Councilman Settle._, seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmembers.Settle, Dunin,.DOvey and Mayor, Bill -ig
NOES: None
ABSENT: Councilman Griffin
the foregoing Resolution was passed and adopted this 15th, day of
January , 1985.1
ATTEST:
-7zva r G
CIP. CLERK PAMELA V013ES
r
i
City Clerk-
Finance Dil tor
R 5601
_ r EXHIBIT "A"
COPYING SERVICES AGREEMENT
This Agreement,. dated January 15, 1985 , is between Mike's Copy &_Graphics
and the City of San Luis Obispo (referred to as "City" in the following).
WHEREAS, the City desires to contract with a single entity for
general copying, duplicating and related services; and
WHEREAS, the City has selected Mike's Cony_ Sr Graphics. (hereinafter,
"Vendor ") as that entity by competitive bid and by reason of its
qualifications and experience for providing such services,* and Vendor has
offered to provide these services on the terms and in the manner desribed
here;
NOW, THEREFORE, these parties agree to the following:
1. COORDINATION
a. City. All work ordered by City will be accompanied by a "copy
order" from listing the specifications of the job and the name and
telephone number of the person ordering the job. This person will be
responsible for property preparation of the work and respond to questions
for Vendor. Questions related to billing, scheduling, materials, pick -up
and deliveries or other problems associated with services to be directed
or coordinated with the Community Development Administrative Assistant.
b. Vendor. Vendor shall assign a single person to have overall
responsibility for the production of work done for the City. This person
will respond to questions from the City.
2._ DUTIES OF VENDOR
a. Services to be furnished. Vendor shall provide the services and
materials listed in Exhibit "A ", attached to this Agreement.
Copying Services Agreement
Page 2
b. Deadlines. Regularly- scheduled jobs (such as agendas) are to be
delivered within 24 hours of pick -up. All other work will be produced in
a timely manner, meeting the deadline listed on the copy order. If the
deadline cannot be met, Vendor will notify the person ordering the job
before beginning. If Vendor is unable to meet the required deadline, City
may take the work elsewhere for copying services.
c. Quality Control. Vendor will take the necessary Steps to insure
that the work is produced without errors or omissions, and-that a
consistent level of high quality is maintained. Unacceptable work which
is the fault of Vendor will either be re -run or repaired at no charge to
City. If the fault of City, City will pay reasonable costs.
d. Protection of materials. Vendor will take the necessary
precautions to protect City property from loss, damage, theft and
unauthorized use.
e. Permits and licenses. Vendor shall procure all permits and
licenses, pay all charges and fees, and give all notices which may be
necessary of the services to be performed by Vendor under this Agreement.
f. Release of reports and information. Any reports, information,
data, or other material given to, prepared by, or assembled by Vendor
under this Agreement shall be the property of City and shall not be made
available to any individual or organization by Vendor without the prior
written approval of City.
g. Authorized purchases. Vendor will insure that only authorized
departments, commissions, agencies and - individuals purchase copying under
this Agreement. Unauthorized purchases will not be paid by City.
Copying Services Agreement
Page 3
h. Qualifications of Vendor. Vendor represents that it is qualified
to furnish the services described under this Agreement.
3. DUTIES OF CITY
City agrees to cooperate with Vendor and perform the following:
a. Preparation of originals. Material submitted for.. copying shall
be properly prepared to the standards required by Vendor..
b. Work order. City will provide each job with a copy order form
listing the required specifications to complete the work.
c. Pick -up /drop -off point. City will provide one location in City
Hall where material will be picked up and delivered.
d. Quality control. City will examine all jobs to insure that the
job has been properly produced. Unacceptable work will be repaired or
re -run at no cost to City if the fault of Vendor. If the fault of City,
City will pay reasonable costs.
4. COMPENSATION
a. City shall pay the Vendor for services performed under this
Agreement as specified in Exhibit "A ".
b. Vendor shall deliver each job with an invoice stating:
- Vendor's name, address and invoice number;
—name of the department ordering the job;
- title or description of the job;
- number of copies and the amount due at the rate specified in
Exhibit "A ";
- itemized listing of special materials and services and the
amount due at the rate specified in Exhibit "A ".
Copying Services Agreement
Page 4
c. Payment shall be due within thirty (30) calendar days of the
invoice date.
d. Prices charged by Vendor, as specified in Exhibit "A ", shall not
be increased without written consent of City.
e. Charges for "rush" jobs or work requiring "overtime" to produce
must be agreed to by City in advance.
5. TRADE CUSTOMS
Except as noted in this Agreement, legally- accepted "trade customs"
applied to the printing trades will be observed.
6. DURATION OF AGREEMENT
This Agreement will remain in effect for one year, beginning
February 8, 1985, and may be extended on a month -to -month basis for up to
an additional six months upon written consent by both City and Vendor.
7. SUSPENSION; TERMINATION
a. Right to Suspend or Terminate. Either party may terminate this
Agreement at any time by providing thirty (30) days written notice of
termination to the other party.
b. Return of Materials. Upon such termination, Vendor shall return
to the City all materials not yet copied. Work -in- process will be
completed, delivered and billed as outlined by this Agreement.
8. NOTICES
All notices hereunder shall be given in writing and mailed, postage
prepaid and addressed as follows:
Copying Services Agreement
To City: City Clerk
City of San Luis Obispo
P. 0. Box 8100
San Luis Obispo, CA 9340.3
To Vendor: Mike's Copy & Graphics
775 Foothill Blvd.
San Luis Obispo, CA 93401
9. INTEREST OF VENDOR
t
i
Page 5
Vendor certifies that no one who has or will have any financial
interest under this Agreement is an officer or employee of City. It is
expressly agreed that, in performing these services, the Vendor shall at
all times be deemed an independent contractor and not an agent or employee
of City.
10. INSURANCE
At the request of City, Vendor shall provide proof of comprehensive
general liability insurance (including automobile) and business liability
insurance in amounts satisfactory to City and hold City harmless.
IN WITNESS WHEREOF, the City and the Vendor have executed this
Agreement the day and year below written.
VIDKI110
Dated: 39 tit - S F
CIiy OF SAN ?UIS OBISPO
1 0
(frJk i.0 ..
6
J
MAYOR M8 LAKE C. BILLIG
ATTE / /
22, fz V
C y Clerk Pamela Vges
MIME'S COPY & GRAPHICS
775 B FOOTHILL BLVD.
SAN LUIS OBISPO, CA 93401
EXHIBIT A
COST OF SERVTCF.S PROVIDED
BASIC CRITERIA- GENERAL COPYING SERVICES
Minimum volume is estimated to be 80 000 copies per month. (Actual
volume may vary.)
Minimum of 1 copy of an original, maximum of 1,000 copies.
No extra charge for collating or reduction of 74% and 65%.
Free pick -up and delivery service to City Nall twice daily (once in the
morning between 9:00 and 9:30.:. and once in the afternoon between 3:30
and 4:00 Monday through Friday, except City holidays.
. Same -day service (upon mutual agreement) for regularly scheduled items.
1. Basic charge for copying. (8Y' x 11" or BY' x 14" white bond or paper
provided by the City): _ per copy. Scr ATT'Acr+Eb LCII EQ'
2. Added charges for special materials:
a. Color bond (8k" x 11" or 83?" x 14 "): per 100 sheets..
b. Card stock or cover (any color. 8'i" x. 1l" or 8�" x '14 "): per SNLET
100 sheets.
C. Carbonless (NCR) forms: 8y" x 11 ". in lots of 250 (48 hr.
delivery) .
2 -part: 09 per set 250 sets )
3 -part: eL& per set �� ) Small qty. available.at prorated cost.
4 -part: J.L per set )
3. Added charges for special services:
a. Plastic comb (Cerlox) binding: ZS�� per book.
b. Stapling: 3 � per staple (saddle stitching).
3_9L per. staple (side or corner stitching).
c. Drilling (2 or 3 holes in standard location): Z.O O per 1,000
sheets.
d. Cutting /trimming:j"D per cut.
e. Padding: per pad. (100 sheets)
f. Folding: 0 set -up plus rper 100 sheets..
g. Copy preparation, i.e. unbinding, g, unstapling, organizing /S.00 per hour.
775 FOOTHILL SAN LUIS OBISPO, CA 93401 805/544 -3626
January 3, 1985
City of San Luis Obispo
Clerk's Office
990 Palm Street
San Luis Obispo, CA 93401
gECEIVED
JAN 1 1915
CITY CLERM
SAN LUIS OBISPO, C -,
Dear Pam,
Enclosed is our bid for copying services to the City of San Luis Obispo for 1985. Our pricing
structure is:
No. of copies
1 - 9
10 - 199
200 - 1000
Add's 1000's
Cost per copy
.05
.03
.025
.02
We would also like to remind you of some special services we offer. Our Xerox 9500 can make
a 100 -line photo screen. The cost is 150 for the first copy of each original. Variable Reduction
is another feature available at no extra cost. The range is from 650/0 to 100 %. In the last year
we installed another machine which can do all our large machine does. This insures reliable
service along with the high quality we have given you the past several years.
We have enjoyed a good working relationship and are looking forward to continuing it in 1985.
Sincerely,
Mike Buckels
RESOLUTION NO. 5600 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AGREEMENT BEWEEN THE CITY ANM GOLDEN WEST
AUCTIONEERS
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 Golden West
Auctioneers 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: Golden West Auctioneers, the City Administrative
Officer and the Director of Finance.
On motion of Councilman Settle seconded by Councilman Dunin and
on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig
NOES: None
ABSENT: Councilman Griffin
the foregoing Resolution has passed and adopted this 15th day of January, 1985
R 5600
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