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Home My WebLink About5754-57994 RESOLUTION NO. 5799 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING THE SALARY AND BENEFITS OF THE CITY ATTORNEY AND DELEGATING AUTHORITY TO THE CITY ATTORNEY TO DETERMINE THE SALARY OF THE ASSISTANT CITY ATTORNEY. WHEREAS, the City Council establishes the salary range for, among other positions, the City Attorney in the Management Compensation Plan (Resolution No. 5797 [1985 Series]); and WHEREAS, by Resolution No. 5201 (1983 Sereis) the City Council appointed the City Attorney, Roger Picquet, and established his compensation; and WHEREAS, the City Council has evaluated compensation factors for the City Attorney under Section 2 of Resolution No. 5797 (1985 Series). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective July 1, 1985, the City Attorney's salary shall increase from $4,272 per month to $4,600 per month. SECTION 2. The City Attorney shall accrue fourteen (14) working days' vacation leave per year. SECTION 3. All other compensation and benefits afforded the City Attorney under the Management Compensation Plan (Resolution No. 5797 [1985 Series]), and Resolution No. 5201 (1983 Series) not superseded by the above shall remain in full force and effect. SECTION 4. The City Council shall evaluate the performance of the City Attorney at the mid -year review. SECTION 5. The City Council hereby delegates the authority to the City Attorney to determine the salary of the Assistant City Attorney. The City Attorney shall confer with the City Administrative Officer and the Personnel Director prior to setting the salary and shall take into R 5799 Resolution No. 5799 (1985 Series) Page 2 consideration their comments as well as those factors recited by the City Council in establishing a Management Compensation Plan (Resolution No. 5797 (1985 Series]). [This supersedes Section 2 of Resolution No. 5230 (1983 Series).] In all other respects Resolution No. 5230 shall remain in full force and effect. On motion of Councilwoman Dovey seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 1st. day of October 1985. ATT D JA ZVX'' Vt.t_ CITY CLERK PAMELA OG S App d: City A inistrative §ffiAr Finance birepfor e 5; � & e �_� /'O� - VICE - MAYOR ALLEN K. SETTLE s m s s t ; _J. RESOLUTION NO. 5798 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING COMPENSATION FOR THE CITY ADMINISTRATIVE OFFICER WHEREAS, the City Council establishes the salary range for, among other management positions, the City Administrative Officer in the Management Compensation Plan (Resolution No. 5797 [1985 Series]); and WHEREAS, by Resolution No. 5484 (1984 Series) the City Council established compensation for the City Administrative Officer Paul A. Lanspery; and WHEREAS, the City Council has evaluated compensation factors for the City Administrative Officer under Section 2 of Resolution No. 5797 (1985 Series). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective July 1, 1985, the City Administrative Officer's salary shall increase from $4,574 per month to $5,100 per month. SECTION 2. Effective July 1, 1985, the salary range for the City Administrative Officer's position in the Management Compensation Plan (Resolution No. 5797: = [1985 Series]) shall be changed to $4,600 - $5,200. SECTION 3. All other compensation and benefits afforded the City Administrative Officer under the Management Compensation Plan (Resolution No. 5797•` [1985 Series]), and Resolution No. 4689 (1981 Series), and Resolution No. 4957 (1982 Series) not superseded by the above shall remain in full force and effect. R 5798 Resolution No.5798(1985 Series) Page 2 SECTION 4. The City Council shall evaluate the performance of the City Administrative Officer at the mid -year review. On motion of Councilwoman Dovey , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 1st. day of October 1985. VICE - MAYOR ALLEN K. SETTLE ATT CITY CLERK PAMELA OGES �� O°�"SD/% � �a , � ,� ri�lc��/��e� �� RESOLUTION NO. 5797 (1985 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A MANAGERIAL COMPENSATION PLAN FOR CERTAIN MANAGEMENT PERSONNEL AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT. WHEREAS, the City Council is desirous of establishing a comprehensive Management Development and Compensation policy; and WHEREAS, the Council is committed to a compensation policy that strengthens the recruitment and retention of well - qualified and effective managerial staff; and WHEREAS, Council determines that merit and performance shall be the basis for managerial compensation; and WHEREAS, Council recognizes that under Section 701 of the City Charter the selection, development, evaluation and level of compensation of certain individual departmental managers and immediate management staff is the responsibility of the City Administrative Officer. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. A managerial salary plan is an important component of a comprehensive compensation policy. In order to remain competitive with the professional marketplace and promote merit and performance as the criteria for individual salary determinations, the following open -range Management Salary Schedule (Table "A ") for fiscal year 1985 -86 is authorized. Subsequent changes in any group salary range shall be authorized by Council resolution. R 5797 Resolution No. 5797 (1985 Series) Page 2 TABLE "A" MANAGEMENT SALARY SCHEDULE - FISCAL YEAR 1985 -1986 1985 -1986 Management Group Management Position Salary Range I City Administrative Officer $4600 - $5200 II City Attorney $4000 - $4600 III City Clerk $2500 - $3100 IV Public Works Director $3700 - $4300 Fire Chief Police Chief Community Development Director V City Engineer $3300 - $3900 Finance Director Utilities Manager VI Personnel Director $2900 - $3500 Recreation Director Asst. City Administrator Officer VII Asst. to the City Administrative Officer $2000 - $2600 1 Section 2. For individuals in Management Groups I through III, the City Council shall determine compensation, including salary within the designated ranges, after evaluating performance, the management profession, and funding constraints. Section 3. The City Administrative Officer is responsible for and shall be held accountable to the Council for the performance and evaluation of subordinate management staff. The City Administrative Officer shall evaluate and determine individual levels of salary for positions within management groups IV through VII in accordance with professional compensation principles. Such determinations shall reflect merit and performance as the standard and basis for managerial compensation. Such determinations shall be within the respective Resolution No. 5797 (1985 Series) Page 3 monthly salary ranges specified in Section I and may include increases, no change or decreases in salary levels within the designated range. Further, the City Administrative Officer is authorized to implement salary level determinations by phases during a fiscal year. Section 4. The salary determination within the approved range for management employees in ranges IV through VII who report to other management employees shall be jointly determined by the supervising manager and the City Administrative Officer. Section 5. The City Administrative Officer is authorized to grant one -time Performance Awards of $250 -$750 to employees in ranges IV through VII for either exceptional specific performance or sustained outstanding performance. Section 6. The Management Fringe Benefits attached hereto as Exhibit "A" shall continue during fiscal year 1985 -86. The City shall contribute a maximum of $268.30 per month for the Medical, Dental, Vision coverage. The Management Life Insurance and Long -Term Disability insurance shall continue to be directly funded by the City. Section 7. The City Administrative Officer shall be authorized to grant five percent (5%) percent cost -of- living adjustments to employees in Ranges IV through VII for 1985 -86 fiscal years commencing July 1, 1985. Section 8. The total annual cost for the cost -of- living raises and one -time performance awards for employees in Groups IV through VII for fiscal year 1985 -86 shall not exceed five percent (5%) of total existing year -end compensation for the previous fiscal year. Resolution No. 5797 Page 4 (1985 Series) On motion of Councilwoman Dovgyseconded by Councilman Griffin and on the following roll.call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 1st day of October, 1985. Vice-Mayor Allen K. Settle AT Ci y Clerk PamelO V es * s s s a s s s s s APPR Q 5 City Administrative ffice Personnel Director �J RESOLUTION NO. 5796 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The attached Traffic Work Orders for the period of July 1, 1985 through September 30, 1985 are hereby approved. On motion of _Councilwoman Dovey , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Vice —Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this lst. day of October 1985. VICE -MAYOR ALLEN K. SETTLE ATT .. JC CIq CLERK PAMELA OGES AP F, - a 41541x� City Administrative Officer ti Lynch /workordrs by R 5796 �esl r7? � Q��uI��I�IIIIlllllll III V! f ^ . F1TjE NG I C� O SATC AlS OBISPO ✓ be COUNCIL EN ®A REPORT' N FROM: D avid F. Romero Wayne A. Peterson Prepared by: Barbara Public Works Direc ,P,/ or City Engineer — Enoineerina Assistant /'. SUBJECT: Traffic Work Orders for the Period of July 1, 1985 through September 1, 1985 CAD RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of July 1, 1985 through September 30, 1985 BACKGROUND: The City Engineer has, over the past three months, issued work orders making changes to improve safety and operation of the street system. Approximately one - fourth were for signing and another one - fourth were for red curbing from both staff and the public. The remainder were pavement, signal and parking related requests from the public and staff. It has been Council's policy in the past to accept this report on a quarterly basis. This report satisfies this past policy. FISCAL IMPACT.: Minor implementation costs associated with street maintenance. RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of July 1, 1985 through September 30, 1985. Attachments: Completed Traffic Work Orders (available in the Council Office for inspection) (July 1, 1985 through September 30, 1985) ,. Lynch /wrkordrs by 0 I RESOLUTION NO. 5795 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING MODIFICATION OF THE CURRENT CONTRACT WITH IBI GROUP TO ADD TWO ADDITIONAL STUDY AREAS TO CONTRACT AND APPROPRIATING $8,000.00 FROM THE UNALLOCATED PARKING FUND TO PAY FOR THE ADDED WORK WHEREAS, the Council at its August 20, 1985 meeting awarded a Contract for Consultant Services - Central Business District Parking to IBI Group to conduct a parking study, and and WHEREAS, Consultant has proceeded with the project and is on schedule, WHEREAS, information has been provided to staff indicating a need to study two additional areas for parking decks, NOW THEREFORE BE IT RESOLVED that Council hereby authorizes staff to modify the current contract with IBI Group to add two new sites for study and directs the Finance Director to appropriate $8,000.00 from the unallocated parking fund to the project fund (#957). On motion of Councilwoman Dovey seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Vice -Mayor Settle NOBS: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 1st. day of October 1 1985. ATT ST: '/ C TY CLERK PAMEL6 VOGeS VICE-MAYOR ALLEN K. SETTLE R 5795 Resolution No. 5795 (1985 Series) Page Two. APT, a W,01 City Administrai-M Officer V City Att I ney 2 Z24t-a—,� Finance Direc r Public Works Director City Mnmineer' Q� WAP2/IBI-2 by 1 2 Z v 0 N et u� icQywl rz of RI � j W W -�N N? YZ2Q1 �pQ04 Q O ,y999I' N J O = m U � a r w N a LL1 EXHIBIT A. Location of Two New Study Areas. W Cr W z: Z: r 000 1t x Q I I2 2J Z> S= =I= J JJI= J W s v n n <s 0 7 � s. O'O10 O v a o 0! 0 0 CJ Q ',, , OIO NIN LL1 EXHIBIT A. Location of Two New Study Areas. W Cr W z: Z: r 000 1t Y a Z O FM Z O r, Q I I2 2J Z> S= =I= J JJI= J W s v n n <s 0 7 � s. O'O10 O v a o 0! 0 0 CJ Q ',, , OIO NIN O N G 1-IN 1 O v N NIN F I O F�F N l r Lr V7I 7 I.r,� MInI M Lw7la C C a aICm CJ Oiln�n�tn di'„I Y a Z O FM Z O r, �`?or�l�y� p ! (�/' /� V '� ,' i � /� % � _ �� ✓ `. .:, �.� RESOLUTION NO.5794(1985 SERIES) A RESOLUTION OF THE OJUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL BY JESSE NORRIS AND UPHOLDING THE HEARING OFFICER'S DECISION OJNDITIONALLY APPROVING A LOT 0DMBINATION, MINOR SUBDIVISION NO. 85 -226, LOCATED AT 1930 MONTEREY STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Areal. That this council, after consideration of the tentative parcel map for MS 85-226.- public testirmny; and staff reammiendations and reports thereon; hereby resolves to deny an appeal by Jesse Norris and uphold the Hearing Officer's action on August 23, 1985; conditionally approving the tentative parcel map; subject to the following findings and conditions. SECTION 2. Findings. That this council, after consideration of the tentative map of Minor Subdivision 85 -226 and the staff recc mendation and reports thereon; makes the following findings: 1. The design of the lot_ combination and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed by the C -T zone. 3. The design of the lot combination and the proposed improvements are not likely to cause serious health problems; substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will not conflict With easements for access through or use of property within the proposed subdivision. 5. The proposed lot ccsnbination is exempt from environmental review. SE3CTION 3. Conditions. That the approval of the tentative map for Minor Subdivision 85-226 is subject to the following conditions: 1. Subdivider shall submit a final nap or certificate of compliance for approval and recordation; to the satisfaction of the Cmmuiity Development Director. R 5794 Resolution No.. 5794 (1985 Series) MS 85 -226 Page 2 2. Subdivider shall enter into an agreement to remove the monument sign, landscaping and other site improvements within future right -of -way upon_ thirty days notice by the City Engineer. Removal and /or relocation of site improvements shall be at the subdivider''s_ expense. 3. Subdivider shall offer to dedicate right -of -way for future street widening. New right -of -way shall be 42 feet distant from and parallel to the existing centerline of Monterey Street. The subdivider may, at his option, meet this requirement by paying the city an amount equal to the appraised value of the dedication, and by entering into an agreement allowing the city to use said payment for right -of -way acquisition, to the approval of the Community Development Director. Said agreement shall include a "Hold Harmless" provision to the satisfaction of the City Attorney. The city shall refund subdivider's payment plus the accrued interest if funds are not used to acquire right -of -way on or before September 17, 2000. Cost of property appraisal shall be borne by the subdivider. On motion of Councilwoman Dovey seconded by Mayor Billig and on the following roll call vote: AYES: Councilmember Dovey,_.Mayor Billig, Councilmembers Dunin, Griffin and Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 17th day of September 1985. Resolution No. 5794 (1985 Series) MS 85-226 Page 3 - P-Ja4x� Q 06, -- - -- City Administrative Officer Nor" -S �Osf � /e.--. RESOLUTION NO. 5793 (1985 Series) A RESOLUTION OF THE MUNCIL OF THE QTY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1310 LOCATED AT 3100 JOINSON AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SF3CTION 1. Findings. That this council; after consideration of the tentative map of Tract 1310 and the Planning Commission's recommendations, staff reconunendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the General Plan. 2. The design and improvements of the proposed subdivision are consistent with the General Plan. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements, for access through or use of property within the proposed subdivision. S. The project is granted a negative declaration on environmental impact. SECTION 2. Conditions. That the approval of the tentative map for Tract 1310 be subject to the following conditions: 1. Subdivider shall file the final map for M 84 -285 prior to filing the final map for Tract 1310. 2. Tract corners shall be set by a registered civil engineer or land surveyor. 3. A registered civil engineer or land surveyor shall certify that the structures are located correctly prior to release of structures for occupancy. 4. All new utilities shall be underground. 5. Final map shall show a 6 -foot public utilities easement along the project's public street frontages. R 5793 Resolution No. Tract 1310 Page 2 5793 (1985 Series) 6. Subdivider shall grant an easement over the common lot area; except under structures, for underground public utilities serving the site; to the approval of the City Engineer and affected utility companies.- 7. All on -site driveways; nonstructural parking improvements; and utilities shall be installed as subdivision improvements. 8. Subdivider shall install individual Meters shall be clustered at street Works Department. water service for each dwelling unit. frontages to the approval of the Public 9. On -site sewer line shall be_private to the point of connection with the city main on Johnson Avenue. 10. On -site drainage system shall be designed to the approval of the City Engineer and Chief Building Official. 11. Subdivider shall pay water and park in -lieu fees as calculated by the City Engineer prior to final map approval. 12. Subdivider shall install street lighting to the satisfaction of the City Engineer. 13. Subdivider shall install one street tree per 35 ft. of property frontage; to city standards to the approval of the Public Works Department. 14. Subdivider shall install fire hydrants as required to the approval of the City Fire Department. 15. Subdivider shall provide a secondary access into the project for emergency use (fire lane) to the satisfaction of the Fire Department. 16. Subdivider shall prepare conditions; covenants and restrictions to be approved by the City Attorney and Community Develcpment Director prior to final map approval. CC&R's shall contain the following provisions: a. Creation of a homeowner's association to enforce the CC&R's and provide for professional; perpetual maintenance of all common area including private driveways, private utilities; drainage, parking lot area; walls.and fences; lighting; and landscaping in a first class condition. b. Grant to the city the right to maintain ccumn area if the homeowner's association fails to perform; and to assess the homeowner's association for expenses incurred; and the right of the city to inspect the site at mutually agreed times to assure conditions of CC&R's and final map are being met. i Resolution No. 5793(1985 Series) Tract 1310 Page 3 C. No parking except in approved, designated spaces. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. Prohibition of storage or other uses which would conflict with the use of underground garage for parking purposes. f. No outdoor storage of boats; campers; motorhomes, or trailers nor longterm storage of inoperable vehicles. 9• 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. 17. Resident and visitor parking spaces shall be designated to the approval of the Ccnmunity Development Director. is. All units shall be nuxbered in accordance with an addressing plan approved by the Ccu unity Development Department. 19. Subdivider shall install a unit identification plan with directory at the Laurel Lane entrance to the site to the approval of Community Development Department staff. 20. Subdivider shall soundproof the interior of the dwelling units to a 45 db level consistent with the General Plan Noise Element. 21. Subdivider shall submit revised plans to the CcemmMity Development Department for approval showing additional detailing of Building D and a formal landscaping treatment along the project's Johnson Avenue driveway. 22. The minimum width of the Johnson Avenue driveway shall be 20 feet. 23. Detailed landscape plans incorporating specimen trees and additional planting along the southeasterly property line shall be prepared and installed to the approval of the Ccemmmty Development Director. on motion of Councilman -Dunin -- seconded by Councilwoman Dovey-- . and on the following roll call vote: Resolution No. 5793 (1985 Series) Tract 1310 Page 4 AyES Councilmembers Dunin, Dovey, Griffin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 17th- day of -September 1985. APPIUVED: -C -J- 47 City Administrative Officer City A orney Community D vel*hent D r ctor S v�'r �ro'er ✓ F 'le CI - 1 RESOLUTION NO. - 5792-- - - - -- -. (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING STUDENT WORK -STUDY AGREEMENT WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. This Council hereby approves an agreement entitled "Social Security Alternate Work -Study Program Off- Campus Agreement," attached hereto as "Exhibit A ", with California Polytechnic State University. The City Administrative Officer is authorized to execute said agreement on behalf of the City. A copy of said agreement shall be maintained on file in the office of the City Clerk. On motion of Councilman.,Griffin, seconded by Councilman- Se.ttle..1 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 17.th.. day of September _.---- _.__._. 1985. ATTEST: City Clerk Pame1VV6g4s R 5792 C� Resolution No. Page 2 vary Mr City At � rney Personnel Director (1985) Series ��0 j"1 �P� `� �, �;�1 -� y �ihznc� � �� _ �� EXHIBIT "A" i SOCIAL SECURITY ALTERNATE WORK -STUDY PROGRAM OFF - CAMPUS PROJECT AGREEMENT THIS AGREEMENT is entered into this 3rd day of September 1985 at San Luis Obispo , County of Luis Obispo State of California, by-California Polyteciuzic State university hereinafter called "Institution" and the City of San_Luis Obispo a local governmental agency hereinafter called "Contractor." The terms of this Agreement are as follows: Institution has received a grant from the U.S. Commissioner of Education pursuant to Title IV, Part C, of the Higher Education Act of 1965, P.L. 89 -329, as amended by the Education Amendments of 1972, P.L. 92 -318 and the Education Amendments of 1976, P.L. 94 -482 [see Work -Study Programs: 42 U.S.C. SS 2751- 2756a], hereinafter called the "Act." The purpose of that grant is to stimulate and promote the employment of students in institutions of higher education who are in need of the earnings from such employment to pursue courses of study at such institutions. Institution and Contractor desire that certain of Institution's students engage in work for public and private nonprofit organizations such as Contractor under the Work -Study Program authorized by the Act. Contractor is in a position to utilize the services of such students. Institution, in consideration for Contractor employing Institution's students as further provided for herein, as bargained for by Institution; and Contractor, in consideration for Institution agreeing that Contractor shall receive the services and benefits accruing from this Agreement, as bargained for by Contractor, both agree as follows: 1. Contractor shall utilize the services of students furnished by Institution who are eligible to participate in the Work -Study Program and who are qualified and acceptable to Contractor. The specific services to be performed by said students are set forth in Exhibit "A" that shall be attached to this Agreement and may be revised from time to time. 2. The work performed by said students shall be in the public interest and shall be consistent with the purposes of Title IV, Part C, of the Higher Education Act of 1965. 3. The work performed by said students shall not: a. Displace employed workers, impair existing contracts for services, or replace regular employees on strike; or. b. Involve political activity or work for any political party; or C. Involve the construction, operation; or maintenance of that part of any facility used, or planned to be used, for sectarian instruction or as a place for religious worship; or d. Involve any lobbying on the federal level. 4. Contractor shall: a. Reasonably supervise the services of students participating in the Work -Study Program and permit reasonable supervision by a representative of Institution. i b. Not allow any student to work for more than an average of 20 hours per week during periods when classes in which the student is enrolled are in session, unless otherwise authorized by the Institution, or for more than 40 hours per week during periods when classes are not in session. Contractor assumes responsibility for payment of total compensation to students for hours worked in excess of such maximum limitations. C. Make a report, not less often than monthly, to Institution of the time worked by students participating in the program, and any benefits to which they may be entitled, including Social Security coverage, where applicable. d. Pay students' salaries and benefits including employer's share of Social Security. 5. Compensation to be paid to students participating in the program will be reasonable in light of the work to be performed by them. 6. Contractor agrees that no student will be denied work or subjected to different treatment under this Agreement on the grounds of race, color, national origin, sex or physical disability, and that Contractor will comply with the Civil Rights Act of 1964 [P.L.88 -352; 78 Stat. 2521, Title IX of the Education Amendments of 1972 [P.L. 92 -3181, Section 504 of the Rehabilitation Act of 1973, and the Regulations of the Department of Health, Education and Welfare which implement those Acts. 7. In the selection of students for employment under this Agreement, preference shall be given to students with the greatest financial need, taking into account grant assistance provided such student from any public or private sources and that employment under such Work -Study Program shall be furnished only to a student who: a. is in need of the earnings from such employment in order to pursue a course of study at such Institution (taking into consideration the actual cost of attendance at such institution), and b. shows evidence of academic or creative promise and capability of maintaining good standing in such course of study while employed under the program covered by the agreement, and C. has been accepted for enrollment as a student at the Institution on at least a half -time basis or, in the case of a student already enrolled in and attending the Institution, is in good standing and in attendance there on at least a half -time basis either as an undergraduate or graduate student, and d. is maintaining satisfactory progress in his /her course of study in accordance with the standards and practices of the Institution, and e. is not in default on any loan made from a student loan fund at the Institution or on a loan made, insured, or guaranteed under the Guaranteed Student Loan Program for attendance at the Institution, and f. does not owe a refund on grants previously received for attendance at the Institution, and g. has signed an affidavit of educational purpose, provided by Institution, stating that assistance received under the Work -Study Program will be used solely for expenses related to attendance at Institution. 1) 8. Institution agrees to pay Contractor6o % of the compensation paid to students by Contractor upon receipt of proper invoices for such amounts from Contractor after such invoices have been approved by Institution in accordance with the provisions of this Agreement. 9. Institution will be responsible for: a. Determination of the need of the student in accordance with the instructions of the U.S. Department of Health, Education and Welfare; b. Determination of students' eligibility, academic and otherwise; C. Payment of students' salaries on behalf of Contractor. 10. This Agreement shall be subject to the availability of funds to Institution including funds from the Federal government under the Act for the % portion of the students' compensation to be reimbursed to Contractor by Institution under Paragraph 8 of this Agreement. It shall also be subject to the provisions of the Higher Education Act of 1965, as amended; the regulations adopted thereunder, as amended, and all legislation and regulations pertaining to the Work -Study Program adopted subsequent to January 1, 1965. 11. The Contract agrees to idemnify, def °nd and save harmless the State, Trustees of The California fS University and Colle es�rrstitution, their officers; agent employees from any andcaims arifiiosses acc . , aesudting to ny and all co ?@ ors, subcontractors, materialnien. laborers and any, 'g --t6 qr corporation ftutt ing or supplying work`, s cam, mate ials -or-m p ieVin connection with t o :thiils:c'o 'o this contract, and from �Y all claims and lses accruing or resulting to any pers m r corporation who may be injured or damaged by the Contractor in the performance o ct. 12. The Contractor shall be responsible for all employee benefits and provide Workers' Compensation insurance at Contractor's own cost and expense for all students employed pursuant to this Agreement. Contractor shall furnish Institution a list of all such benefits and costs, including Social Security. when such coverage is offered. 13. The Contractor, and any agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of State of California, the Trustees of The California State University and Colleges, or of Institution. Students furnished employment by Contractor pursuant to this Agreement shall not be considered to be apprentices, employees, agents, or officers of the State of California, the Trustees of The California State University and Colleges, or of Institution. 14. Institution may terminate this Agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, Institution may proceed to carry out the purpose of this Agreement in any manner deemed proper by Institution. The cost to Institution shall be deducted from any sum due the Contractor under this Agreement, and the balance, if any, shall be paid the Contractor upon demand. 15. This Agreement is not assignable by Contractor either in whole or in part. 16. Time is of the essence of each and all the provisions of this Agreement, and the provisions of this Agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto. 3 c �J 17. It is mutually understood and agreed that no alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and that no oral understandings or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made in writing between the parties hereto shall be binding on any of the parties hereto. 18. This Agreement shall terminate 30 days after either Institution or Contractor has notified the other party in writing of its desire to terminate this Agreement. IN WITNESS WHEREOF, the. parties hereto have executed this Agreement in quintuplicate the day and year first above written. CALIFORNIA STATE M (Date) CONTMRO _ R Citv Lu i Obi BY Paul ansnery, City dministrative Officer Se>atetnber 3, 1985 (Date) (Where Contractor is a corporation, certified copy of corporate resolution authorizing signatory to sign must be attached. A sample certification is attached for your information.) 4 WORK -STUDY PROGRAM 0 �I Name of Agency or Organization CITY OF SAN LUIS OBISPO Address 990 PALM Sr. (PO BOX 321) SAN LUIS OBISPO, CA 93,401 (93406) Street City, State, Zip Code Phone Number (805) 549 -7251 Person to Contact. Paula Sh unizu Area Code Period Covered by this Cost Estimate SEPT. 1985 - JUNE 1986 From —(T r — COST ESTIMATE Total. Compensation Federal Funds (60% of Total. Compensation) Contractor Matching (4Q.% of Total Compensation) Administrative surcharge to Contractor (based on 1 of Total Compensation) Total Cost to Contractor See item 12 of Agreement regarding employee benefits. $ 15,'000.. $ 9,000. $ 6,000. $ 1,500. $ 7. 50_ M 0 ti .� w 0 Minimum ly Maximum Est. Average m Total Job. Rate of Rate of Compensation Classification Pay Pa�*+F Per Job 4 Cow. Total. Compensation Federal Funds (60% of Total. Compensation) Contractor Matching (4Q.% of Total Compensation) Administrative surcharge to Contractor (based on 1 of Total Compensation) Total Cost to Contractor See item 12 of Agreement regarding employee benefits. $ 15,'000.. $ 9,000. $ 6,000. $ 1,500. $ 7. 50_ r -� CERTIFICATION This is to certify that I am the for (insert title such as . of the City of San Luis Obispo Secretary or Assistant Secretary) (insert name of and that the attached resolution is a true and accurate copy, as the Corporation) City Council same appears in the Minutes of the 8440/bf DiNA4-i of the Corporation: and that said resolution was duly adopted by the BbWbf/f/"O* of the Corporation at its meeting on 9 -17 -85 City Council • (insert date and is still in effect. resolution was adopted) DATED: 9 -20 -85 (insert date) ATTEST: CITY CLERK AME VO S (Be sure that a copy of the resolution authorizing a person to execute contract documents or to execute a bid submittal is attached to this certification. If more than one resolution is attached, the form. must be modified to reflect that fact.) 8 RESOLUTION NO. 5791 (1985 Series) A RESOLTUION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE SALVATION ARMY TO PROVIDE EIGHTEEN THOUSAND DOLLARS ($18,000) FOR SERVICES PROVIDED BETWEEN JULY 1, 1985 AND JUNE 30, 1986. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto and marked Exhibit "A' and incorporated herein by reference, between the City of San Luis Obispo and The Salvation Army. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: The Salvation Army, Human Relations Commission, and City's Finance Director. On motion of Councilman—Griffin ------- seconded by Councilman Settle__________ and on the following roll call vote: AYES:. Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT None the foregoing resolution was passed and adopted this 17th_day of _5S,ptQMj=__ 1985. ATTES-T: Pfinela Voges,(Yity APPROVED: — - - -- City i istrative Officer City AtAOrney Finance Dir for R 5791 �� , •. .... �. 41 •... .. i �. .. '. ._. i . / f..� •, �� ]' •l. �'. :. ' I, :, i .. _ ... _ _ • .z ....: ''.•.. .. �� THIS AGREEMENT, dated July 1, 1985 for the convenience of the parties hereto, is between the CITY OF SAN LUIS OBISPO, a chartered municipal corportation (referred to herein as "City "), and THE SALVATION ARMY, a non - profit California corporation (referred to herein as "Salvation Army "). WITNESSETH WHEREAS, Salvation Army has requested the City to contribute to EMERGENCY ASSISTANCE PROGRAM TO INCLUDE GROCERIES. GASOLINE, TRANSPORTATION, AND LODGING; said services to be available to residents of the City and the transients within the City twenty -four (24) hours per day; and an EVICTION PREVENTION /RENTAL ASSISTANCE PROGRAM; said services to be available to residents of the City between the hours of 9 a.m. and 4p.m., thereby serving both a public and municipal purpose; NOW, THERFORE. City and Salvation Army, for and in consideration of the mutual benefits, promises and agreements set forth herein, do agre:- as foi'_ows: 1. Salvation Army agrees to make its EMERGENCY ASSISTANCE PROGRAM available to residents of the City and its transient population on a twenty four hour basis for the period July 1. 1985 - June 30, 1986. a. The purchase of groceries not to exceed $5.00 per person or $35.00 per family. b. The purchase of a meal voucher not to exceed $5.00 per person. C. The purchase of gasoline at a maximum of $7.00 per vehicle. d. The purchase of a one -way transportation ticket with a verifiable de.stination no further than eight (8) hours' travel time in distance. e. The purchase of lodging for individuals and families. These facilites may include participating motels, Child Advocates of California, and for women and children, the Christian Hope Center. Reimbursements requested for any services or combination of services will not exceed $50.00 per person per year. 2. Salvation Army agrees to make its EVICTION PREVENTION /RENTAL ASSISTANCE available to residents of the City for the period July 1, 1985 - June 30, 1986. a. The purchase of a month's rent or that amount of rent, not to exceed one month's rent, that will allow a family to remain housed in their rental housing. THE SALVATION ARMY /CITY OF SAN LUIS OBiSPO CONTRACT FOR FISCAL YEAR 85 -86 Page 2 b. The payment of one month's mortgage payment, or that amount, not to exceed one month's mortgage payment, that will allow a family to retain ownership of their home. C. The payment of advance monies in order to relocate a family that faces impending eviction or who is currently homeless; such monies to be applied towards a first, last and deposit or those designated monies the landlord requires prior to the first month's rent. City's portion of such payments will not exceed $300.00 per case. year. Balance of payment will be a combination of monies from any or all of the following: the San Luis Obispo Ministerial Association, the income from Saivation's Army Thrift Store, or private donations to The Salvation Armv. 3. Salvation Army will provide City every other month with summary reports and a final report describing the type and quantity of services provided and a listing of funds recieved by Salvation Army from other sources. Said documentation shall be in the form of approved HRC reports, including line time justification and the NSS -2 form. Other reports, including the date, check number, voucher number, vendor, last name of clients, amount of check, administrator's narrative, eviction notice, and the service provided. This information will be prcvided to the HRC staff and will remain confidential. 4. Salvation Army and all or its agents, representatives, participants in any manner in the performance of the, Salvation Army's obligations and duties hereunder shall be employees or agents of the City. 5. Salvation Army agrees to hold City harmless, and to defend City against, from and in any claim, action, proceeding or hearing :wherein the allegation charging liability on the part_ of the City is a result of any act or omission, negligent or otherwise. of Salvation Army. 6. City agrees to pay the Salvation Army on a one- time -only grant the sum of Eighteen Thousand Dollars ($18,000.00), Nine Thousand Dollars ($9,000.00) of which will be utilized to provide EMERGENCY SERVICES and Nine Thousand Dollars ($9.000.00) of which will be used for EVICTION PREVENTION /RENTAL ASSISTANCE, payable in two payments. r. The City Council may by motion terminate this agreement at its sole discretion after a public hearing and upon ten (10) days' written notice to the Salvation Army. Said termination shall be effective thirty (30) days after City mails notice of termination of the Salvation Army agreement. Any funds not paid pursuant to Paragraph 6 above. shall revert to City upon said termination. THE SALVATION ARMY /CITY OF SAN LUIS OBISPO CONTRACT FOR FISCAL YEAR 85 -86 Page 3 8. For purposes of notice under this agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: Pamela Voges, City Clerk City of San Luis Obispo PO Box 8100 San Luis Obispo, Ca. 93403 -8100 The Salvation Army A California Corporation 30840 Hawthorne Boulevard Rancho Palos Verdes, Ca. 90274 The Salvation Army PO Box 3465 San Francisco, Ca. 94119 The Salvation Army PO Box 1407 San Luis Obispo, Ca. 93406 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their proper officers duly authorized. CITY OF SAN LUIS OBISPO THE SALVATION ARMY A M ip 1 Corporation A California C rporation on y M lanie Bill.i� ATTEST_: ti LIAR,] City Clerk Parcel Voges J EXHIBIT C SPECIFIC GUIDELINES - SALVATION ARMY - 85 -86 FISCAL YEAR Grant Award: $18,000.00 $9,000.00 to be provided at onset of Grant period. Monthly reports according to "Periodic Report Format" to be submitted. $9,000.00 to be provided on January 1, 1986. The Human Relations Commission liaison will be appointed to your program for the Grant Period. EXHIBIT C GUIDELINES FOR REPORTING _ City of San Luis Obispo Grants =in =Aid Funds PHILOSOPHIC ASSUMPTION Aim to help people to help themselves. GENERAL GUIDELINES: As you know, _funded agencies-are-paid with City of San Luis Obispo taxpayer's money. As such, we are all required to be accountable for these funds. Accountability will be achieved through the following methods: 1. Liason Program: The HRC, through the Commissioners or staff, will be in contact with the funded program on a regular basis to identify areas of concern and /or to provide a resource for each program funded. 2. Periodic Reports will be due to the HRC. The release of funds shall Fe contingent on the reciept of a complete report. Guidelines for such reports shall be as deemed appropriate by the HRC.* 3. Fiscal Year -End Reports . shall be the responsibility of each funded agency, -and shall.be due by July 30, 1:984. Said report shall consist of a synopsis of previous statistical reporting and an overall narrative of program operations during the fiscal year. This report will allow the HRC to present an accurate reflection of how City Grants-in -Aid funds were used during the fiscal year to the City Council.. 4. Documentation: Through the use of a standardized form supplied to each funded agency by the HRC, programs will be required to categorically display their use of city funds. While supporting documentation is not necessarily required within the reporting guidelines, it is necessary to have such documentation on hand in order to satisfy any need for such documentation. 5. Annual Audit.: If necessary, the agency must provide for ran- .annual audit by an independent auditor.mutually agreed upon. Through the use of this system, you can aid us to be accountable to the taxpayers of the City. Your cooperation is very much appreciated. As always, the.HRC and staff are available for help and consultation. whenever :the need arises. *See Agency Periodic' Report - Specific Guidelines EXHIBIT C — �i�ll�llll city of san tins oBIspO ,M.1111 " j HUMAN RELATIONS COMMISSION • 979 PALM STREET ter;= f a li`• }k i,l" Post Office Box 321 • San Luis Obispo, CA 93406.0321 • 8051544 -3050 AGENCY PERIODIC REPORT FORMAT: SPECIFIC GUIDELINES Periodic reports shall be due as specified on an agency -by- agency basis. Reports shall include the information outlined below- for the preceeding period. INCLUDE IN THE PERIODIC REPORT: 1'. ADMINISTRATORS'S REPORT: Brief synopsis of previous period's events, including changes, highlights, and activities. 2. FINANCIAL REPORT(S): agency's overall financial report as prepared monthly, including all program income and expenditure. 3. REPORT OF EXPENDITURE OF CITY FUNDS: according to form provided by HRC. 4. STATISTICAL SURVEY: number of clients served, city of origin, nature of services provided; any other statistics regularly kept by agency. 5. BOARD OF DIRECTORS: minutes for previous month(s), notification of meeting dates. 6. FINAL REPORT: Due•one month after the close of the fiscal year. Should be a brief cummulative report including all of the above components except for duplicated Board minutes, with overall narrative as to the progress of the funded program during the course of the grant period. Emphasis on success of meeting objectives outlined in the grant proposal. InaP4?ce RESOLUTION NO. 5790 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT WHEREAS, the Council hereby accepts the bid and authorizes the Mayor to sign a contract on behalf of the City for the following: Sewage Treatment Plant F -20 PROJECT: Paving Project CITY PLAN N0. ESTIMATE: $59,925.00 BUDGET ACCOUNT: - 934 - 5047 -008 -100 BIDDER: Madonna Construction BID AMOUNT: $59,925.00 NOW THEREFORE BE IT RESOLVED, that the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman Griffin seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was pass September , 1985. ATTEST,:' CITYJCLERK PAMELA VO S ^ I * *. APPROVED: City Administrative Offic&k R 5790 /�i�do�i� �o�s� � �' " �ne� �-' ,�' � .; -. . ,. �. RESOLUTION NO. 5789 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 940 (RANCHO LOBO ESTATES - A. WOLFE, SUBDIVIDER) WHEREAS, The City Council made certain findings concerning Tract 940 as contained in Resolution No. 4633 (1981 Series); and Resolution No. 5237 (1983 Series), and WHEREAS, the City Council has agreed to modify Condition No. 8, and the subdivider willingly agrees in writing to the modification, to allow automatic fire sprinklers for all new structures and for all exterior materials to be treated with an approved fire resistive material in lieu of planting a fire resistive buffer, and WHEREAS, all other conditions required per Resolution No. 4633 (1981 Series) and Resolution No. 5237 (1983 Series), have been met or bonded for, NOW, THEREFORE BE IT RESOLVED that final approval is hereby granted for Tract 940 and the Mayor is authorized to execute the Subdivision Agreement. The Finance Director is directed to reimburse the Subdivider in accordance with Item 5 of the Subdivision Agreement. On motion of Councilwoman Dovey ,seconded by Councilman Dunin. and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin and Mayor Billig NOES: Councilman Settle ABSENT: None the foregoing Resolution was passed and adopted this 3rd. day of September 1985 R 5789 r Resolution No-.5789 (1985 Series) i iF M % M iF iF iF 1i APPROVED: Z�4/4 a�z-.Z� . city kVIVA n strative Officer / �--p 4�� City At rney Community Develop Ant Director Finance Direc r JK1 /t940 -sr by Svbd -� ��c�e� ¢=� l C�� . ... - -- �� A G R E E M E N T THIS AGREEMENT', dated this 3rd. day of September , 1985 , by and between ANTHONY WOLFE and SUZANNE D. WOLFE, herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO,' herein referred to as the "City." WITNESSETH REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, description of which is shown on final map for Tract 940, City of San Luis Obispo, California, as approved by the City Council, on the 3rd. day of September WHEREAS, the Subdivider desires that said Tract 940 be accepted and approved as a final map pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and Dd-IEREAS, it is a condition of said regulations and ordinances that the Subdivider agrees to install the street improvements and utility Lines and facilities as set forth on the plans therefore. NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision ordinances and regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURBS, GUTTERS and SIDEVAU<S 2. STREET BASE and SURFACING 3. VATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELEC ROLIERS 6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY AND ALL OTHER IMPROMIMIM shown on plans or required by City regulations. All the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said inprovements shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final nap, and that the work shall be conpleted within twelve (12) ninths of said recording date, unless an extension has been granted by the City Council, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to conplete such work. Any extension of time hereunder shall not operate to release the surety on the Inprovenent Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until conpletion and acceptance of all public inprovements unless specifically approved by the City Council. The subdivider does also agree to conply with the following conditions established by the Planning Commission and /or the City Council. 1. The Subdivider shall deposit a cash bond in the amunt of $1600.00 to cover the installation of survey rmnuments in accordance with the approved map. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating he has co7pleted the work and has been paid. 2. The subdivider shall pay water acreage fees of $4477.60 (3.86 AC x $1160 /AC). 3. The subdivider shall pay a park -in -lieu fee of $4993.00. 4. The subdivider shall improve the common driveways for lots 3, 4 and 9 per the approved plans as well as extension of respective utilities as subdivision improvements. 5. The Subdivider is entitled to reimbursement for a portion of the water main loop between Andrews St. and an existing waterline within an easement Southwesterly of Andrews Street to a maximum of $11,900.00 based upon a certified statement of costs as determined by the City Engineer. Funds are available under the Quarterly Waterline Program (4th quarter, 1982 -83 under City Project No. F -12). 6. The Subdivider shall pay $1222.00 toward the cost of offsite storm drain improvements ($1170.00 at Andrews /Corralitos and $52.00 at between Conejo and Alisal, Southwesterly of Andrews St.) (Condition 6). 7. All development in the tract shall conform to the requirements of Use Permit U0914. As to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retracement of section lines, the method followed shall be in accord with the instructions set forth in the "Manual of Instructions" for iD Survey of. Public Lands of the United States, published by the CaTmissioner of General Land office, Department of Interior, Washington, D.C. The Subdivider hereby attaches hereto, and as an integral part hereof, and as security for the performance of this agreement, (instrument of credit/bond) approved by and in fawr of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement, which said (instrument of credit /bond) is in the amount of $200,000.00 and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that arrount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved nodifications thereto. Neither I j I periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time; then in that event, the Subdivider agrees that City may; at its option, declare the bond, which has been posted by Subdivider, to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may cemplete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and material bond in the amount of 50% of the above described subdivision improvements in accordance with State Law. Said Subdivider has deposited with the City the sum of $6,000.000* from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $6,000.00, the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Parties hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO BY: SiJBDIVIDER Approved as to City IAt rney City Enginep Birlew /Sub -Agr by �� /,�,�r'� �?�`� ��L RESOLUTION NO. 5788 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING LIENS UPON REAL PROPERTY PARCELS FOR WEED ABATEMENT COSTS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby finds and confirms the existance as of September 3, 1985, of duly imposed liens in the amounts and upon the real property parcels set forth in Exhibit "A" delinquency costs incurred by the City upon said parcel(s) in Fiscal Years 1982 -83, 1983 -84 and 1984 -85 in accordance with provisions of the City's Municipal Code, Section 8.08.010 to 8.08.110 inclusive. 2. The Director of Finance is directed to send a copy of this Resolution to the Auditor - Controller of the County of San Luis Obispo for collections of said liens along with regular City property taxes for 1985 -86. On motion of Councilman Settle seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd. R 5788 APPROVED: City Adnfirtrative Officer F w- %! J City A orney TO: FROM: SUBJECT: DATE: 1983 1984 1985 D� ® san US ONSPO FIRE DEPARTMENT 748 Pismo Street . San Luis Obispo, California 93401 549 -7380 Bobbie Goddard, Finance Director Carrie Bassford, Hazard Abatement Officer Weed Abatement Billing for Southern Pacific Railroad Years: 1983, 1984 and 1985 8 August 1985 Contractor Paid Admin. Fee 1,820.00 1,365.00 3,671.00 2,753.25 3,920.75 2,940.56 9,411.75 7,058.81 Penalt 75.00 75.00 75.00 225.00 = 16,695.56 Per my conversation with Lorraine Luoma in the Auditor's Office of the County Court House in August, 1984, we can attach this to any Southern Pacific Railroad parcel number. I have chosen, at random, Parcel Number 004,853,005. cb CC: Bernie Ries, Finance Department EXHIBIT "A" �__ � �,;,�.� �� r� �,�� ., J, RESOLUTION No.5787 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR FUNDS UNDER THE CALIFORNIA SENIOR CENTER BOND ACT OF 1984 FOR RENOVATION AND EXPANSION OF SAN LUIS OBISPO SENIOR CITIZEN CENTER. 11HEREAS, the people of the State of California have approved the Senior Center Bond Act of 1984, which provides funds to public and private non - profit agencies for the purpose of acquiring, constructing, altering or renovating senior centers and.purchasing equipment or funding startup costs for senior centers; and I%TMREAS, the California Department of Aging has been delegated the responsibility for the administration of the program, setting up necessary procedures governing applications by public and non - profit groups under the program; and MiEREAS, said procedures established by the California Department of Aging require the applicant to certify by resolution the approval of applications prior to submission of said applications to the State; and MIEREAS, the project(s) applied for under this program must be of a high priority and satisfy the most urgent need with priority on unmet senior center needs from rural, low income and racial or ethnic minority areas; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo hereby: 1. Approves the filing of an application for funding under the Senior Center Bond Act of 1984; and 2. Certifies that the senior center will be available for use by all senior citizens;:--and 3. Certifies that said agency has or will have sufficient funds or other resources to operate and maintain the senior center funded under this program; and 4. Certifies that said agency will comply with all federal, state, and local environmental, public health, relocation, affirmative action, and clearing- house requirements and all other appropriate codes, lawa and requlations applicable to the project; and 5. Certifies that said agency has or will have available prior to commencement of any work on the project(s), matching money from a non - federal or non - state source; and 6. Certifies that the project(s) included in this application conform to the Area Plan on Aging for the Planning and Service Area in which the senior center is located; and (Continued) R 5787 page 2 RESOLUTION No.5787 (1985 Series) 7. Appoints the Director of Parks and Recreation as agent of the City of San Luis Obispo to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, amendments, Payment requests, reports, and so on which may by necessary for the com- pletion of the aforementioned projects(s) and are allowed by City Charter and Council Policy. On motion of Councilman Settle seconded by Councilman _Dunn and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd -day of September, 1985. Approved:_ City Admyhistrative Officer City At rney i feAlo RESOLUTION No. 5.786 (198S Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE HISTORIC PRESERVATION GRANT PROGRAM OF THE CALIFORNIA PARK AND RECREATION FACILITIES ACT OF 1954, FOR REIIABILI- TATION OF VICTORIAN SHADE GARDENS AT ME HISTORIC JACK HOUSE AND ACQUISITION OF LAND FOR OFF -SITE PARO NG'FOR" VISITORS TO THIS PUBLIC HISTORIC RESTORATION PROJECT. WHEREAS, the people of the State of California have enacted-the California Park and Recreational Facilities Act of 1984, which provides funds to the State of California and its political subdivisions for developing facilities for public recreational purposes; and WHEREAS, the Office of Historic Preservation, Department of Parks and Recreation, State of California has been delegated the responsibility for the administration of the Historic Preservation section of the program within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications before submission of said applications to the state; and WHEREAS, applications contain assurances that the applicant must comply with; and WHEREAS, the applicant agency will enter into an agreement with the State of California for development, rehabilitation or restoration of the project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo, California, hereby: 1. Approves the filing of an application for 1984 state grant assistance for the above project, and 2.. Certifies that said agency understands the assurances and certification in the application; and R 5786 C RESOLUTION NO. 5786 (1985 Series) page 2 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project, and if the project is selected for state grant funding; 4. Certifies that said organization will provide construction plans and specifications to the state within one year of the appropriation of funds under this program and will commence work immediately after state approval; and 5. Appoints the Director of Parks and Recreation as agent of the City of San Luis Obispo to conduct all negotiations, execute and submit all documents pursuant to the City's Purchasing Manual. All original documents including, but not limited to application's, agreements and amendments to-be retained in the office of the City Clerk. 6. The City Clerk is hereby directed to furnish an executed copy of this resolution for attachment to approved application and other supportive. materials as may be required for forwarding to: Office of Historic Preservation State Department of Parks and Recreation P.O. Box 2390 Sacramento, CA 95811 On motion of Councilman Settle seconded by Councilman Dunin AND ON THE FOLLOWING ROLL CALL VOTE: AYES: Councilmembers Settle, Dunin; Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd_ day of September , 1985. RESOLUTION NO. 5786 (1985 Series) page 3 APPROVED: City Ad i i rative Officer City A orney x x x x x x x x x x l Director of F ance n Acting Direct of Public Works Dir`eafor oF Parks and Recreation Flhanc6 �l RESOLUTION NO. 5785 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI- Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM FOR REHABILITATION OF THE COMMUNITY RECREATION CENTER LOCATED AT 864 SANTA ROSA STREET, SAN LUIS OBISPO, CALIFORNIA. WHEREAS, the legislature of the State of California has enacted the Roberti - Z'berg Urban Open -Space and Recreation Program, which provides funds to certain political subdivisions of the State of California for acquiring lands and for developing facilities to meet urban recreation needs; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program, setting up necessary procedures governing applications to the state; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of ap- plications prior to submission of said applications to the state; and WHEREAS, said applications contain a certification that the applicant will comply with all federal, state, and local environmental, public health, reloca- tion, affirmative action, and clearinghouse requirements and all other appropriate codes, laws and regulations prior to the expenditure of the.grant funds; and WHEREAS, the project(s) applied for under this program must be of a high priority and satisfy the most urgent park and recreation needs with emphasis on unmet needs in the most heavily populated areas; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo hereby: 1. Approves the filing of an application for finding under the Roberti - Z'berg Urban Open -Space and Recreation Program; and 2. Certifies that said agency understands the general provisions of the agreement; and 3. Certifies that said agency has.or will have sufficient funds to operate and maintain the project(s) funded under this program; and 4. Certifies that said agency has or will have available prior to commence- ment of any work on the project(s) included in this application matching money from a non -state source; and S. Certifies that the project(s) included in this application conform to the recreation element of the City of San Luis Obispo; and R 5785 0 Resolution No. 5785 (1985 Series) Page 2. 6. Appoints the Director of Parks and Recreation of the City of San Luis Obispo as agent of the City of San Luis Obispo to conduct all negotiations, agreements, amendments, payment requests, and so on which may be necessary for the completion of the aforementioned project(s) and are allowed by City Charter and Council Policy; and 7. Appoints the City Attorney as legal counsel for said agency with authorization to sign the certification on page 1 of application.. On motion of Councilman Settle seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and. Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd. day of September , 1985. ATTES V v City lerk Pamela Vogt Apnu rnvPn s�ck-kA Fina.l?Ce-o S�2f��e10 s1676kl) RESOLUTION No. 5784 (1985 Series) A RESOLUTION OF THE COUNCIL OF T?-1E CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE LAKES, RESERVOIRS AND WATERWAYS PROGRAM OF THE CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984 FOR LAGUNA LAKE PARK RECREATION FACILITY EXPANSION. WHEREAS, the people of the State of California have enacted the California Park and Recreational Facilities Act of 1984, which provides funds to the State of California and its political subdivisions for developing facilities for public recreational purposes; and WHEREAS, The State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the state, setting up necessity procedures governing application by local agencies under the program; and WHEREAS; said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications before submission of said applications to the state; and WHEREAS, said applications contain assurances that the applicant must comply with; and .- W1iEREAS, the applicant agency will enter into an agreement with the State of California for development rehabilitation or restoration of the project.; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo hereby; 1. Approves the filing of an application for 1984 state grant assistance for the above project,, and 2. Certifies that said agency understands the assurances and certification in the application; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project, and if the project.is selected for state grant funding; 4. Certifies that said organization will provide construction plans and specifications to the state within one year of the appropriation of funds under this program and will commence work immediately after state approval; and 5. Appoints the Director of Parks and Recreation as agent of the City of San Luis Obispo to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, payment requests and so on which may be necessary for the completion of the afore- mentioned project and are allowed by City Charter and Council Policy. On motion of Councilman Settle seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd. day of September, 1985. R 5784 RESOLUTION No. 5784 (1985 Series) ATTEST: Q City Cle k, Pam Voges Approved: y City Adilhierative Officer City Att ey page 2 F! J a RESOLUTION NO. 5783 '(198 5'Series) RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF SAN LUIS APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL COMPETITIVE PROGRAM OF THE CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984, FOR REHABILITATION OF THE COMMUNITY RECREATION CENTER LOCATED AT 864 SANTA ROSA STREET, SAN LUIS OBISPO, CALIFORNIA. WHEREAS, the people of the State of California have enacted the California Park and Recreational Facilities Act of 1984, which provides funds to the State of California and its political subdivisions for developing facilities for public recreational purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within. the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicaa,L to cartif.y by resolution the approval of applications before submission of said applications to the state; and WHEREAS, said applications contain assurances that the applicant must comply with; and WHEREAS, the applicant agency will enter into.an .agreement with the State of California for.development rehabilitation,or restoration of the project;- Na?, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo, California hereby: 1. Approves the filing of an application for 1985IIstate grant assistance for the above project; and 2. Certifies that said agency understands the assurances and certification in the application; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project, and if the project is selected for state grAnt funding; 4. Certifies that said organization will provide construction plans and specifications to the state within one year of the appropriation of. funds under this .program and will commence work immediately after state approval; and 5. Appoints the.Director of Parks and Recreation as agent of the City of San Luis Obispo to conduct all negotiations, execute and submit all documents pursuant to the City's Purchasing Manual. All original documents including but not limited to applications, agreements.and amendments to be retained by the City Clerk. R 5783 I I Resolution No. 5783 /— J(1985 Series) Page 2 On motion of Councilman Settle seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd. day of September , f APPROVED: City Ad ni trative Officer City A orney - /__: rectof "of Parks and Recreation Fy�� KESOLUTION NO. 5782 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING LEASE AGREEMENT BETWEEN THE CITY AND SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR SAN LUIS JUNIOR HIGH SCHOOL SPACE FOR OFFICE PURPOSES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain amendment to agreement, attached hereto, marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and San Luis Coastal Unified School District is hereby approved and the Mayor is authorized to execute the same.. SECTION 2. The City Clerk will furnish a copy of this resolution and a copy of the executed amendment to agreement approved by it to: San Luis Coastal Unified School District, the Director of Finance and the Director of Recreation and Parks. 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 APPROVED: City A n strative Officer Finance Direct C i ty V, rn ey R 5782 AMENDMENT NO.1 TO THAT LEASE AGREEMENT BETWEEN SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT AND CITY OF SAN LUIS OBISPO This Amendment No. 1 is to that lease agreement dated September 21, 1982, and entered into by and between San Luis Coastal Unified School District, hereinafter designated as "Lessor ",and the City of San Luis Obispo Recreation Department, hereinafter referred to as "Lessee ". WHEREAS, on September 21, 1982, Lessor and Lessee entered 'into a lease for a certain space situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as the Administration /Counseling Complex at San Luis Junior High School for the purpose of an office for the City Parks and Recreation programs. WHEREAS, lessee desires to extend the term of the lease. NOW, THEREFORE, in consideration of the mutual promises, agreements, covenants and conditions herein set forth the parties mutually covenant and agree as follows: 1. That the lease between Lessee and Lessor be and hereby is amended by amending the description of the space leased to the following: 1. Rooms A and B in Wing #1552 of the San Luis Junior High School: 2. That the lease between the Lessee and Lessor be and hereby is amended by amending Paragraph 1 entitled "TERM" to the following: 1. TERM: Term of this lease shall commence on October 1, 1985 and expire on January 31, 1986. 3. RENT: The total rent for the term shall be $708.50 per month payable by the fifth (5) of the month to which the payment applies. -1- IN WITNESS WHEREOF, The Parties hereto have'executed the Amendment No. 1 to the Lease this first day of October, 1985. ATTES CITY'; CLERK PAMELA U GES i TT-W, SAN LUIS OBISPO dy N, E: LAN C. BILLIG- TITLE: MAYOR Date September 3, 1985 LESSEE BOARD OF EDUCATION SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT, LESSOR By NAME: Bruce L. Johnson TITLE: Assistant Superintendent of Business Services Date: r � �� .� � �_; ,. ��- �� RESOLUTION NO. _5781 x(1985 Series) A RESOLTUION OF THE COUNCIL OF THE CITY OF SAN' LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE ECONOMIC OPPORTUNITY COMMISSION TO. PROVIDE FIVE HUNDRED DOLLARS ($500.00) FOR SERVICES PROVIDED BETWEEN JULY 1, 1985 AND JUNE 30, 1986. BE IT RESOLVED by the Council of the City of.San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto and marked Exhibit "A' and incorporated herein by reference, between the City of San Luis Obispo and the Economic Opportunity Commission. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Economic Opportunity Commission, Human Relations Commission, and City's 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_3rd.day of tember_ 1985. R 5781 Exhibit A ^ ' AGREEMENT THIS AGREEMENT, dated September 3, 1985,for the convenience of the parties hereto, is between the CITY ,OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City ") and the ECONOMIC OPPORTUNITY COMMISSION; a non - profit corporation (referred to herein as "EOC "). WITNESSETH: WHEREAS, EOC has requested City to contribute to a program to provide VCR equipment, upon acquisition of matching funds, said program as more fully described in Exhibit "B" attached hereto and WHEREAS, said services will be available to re.sidents of the City, thereby serving both a public and municipal purpose: NOW, THEREFORE, City and EOC, for and in consideration of the mutual benefits, promises, and agreements set forth herein, do agree as follows: 1. EOC agrees to make its services as described in Exhibit "B" and incorporated herein, available to residents of the City of San Luis Obispo on a regular basis for the period July 1, 1985 through June 30, 1986. 2. EOC will provide the City with periodic summary reports and a final report, describing the type and quantity of services and listing funds received by EOC from other sources. Said report.s shall be in the form of Exhibit "C ", attached hereto and incorporated herein. or in such form as shall be approved by the Human Relations Commission or its staff. 3. EOC and all of its agents, representatives, participants in any manner in the performance of EOC's obligations and duties hereunder shall be employees, independent contractors, or volunteers for EOC and shall not for any purposes be considered employees or agents of the City. 4. EOC agrees to hold City harmless, and to defend City against, from and in any claim, action, proceeding or hearing wherein the allegation charging liability on the part of the City as a result of any act of omission, negligent or otherwise, of EOC. I � AGREEMENT EOC FISCAL YEAR 85 -86 PAGE 2 5. City agrees to pay EOC a one -time only grant, the sum of Five Hundred Dollars ($500),payable in twelve monthly payments, or if deemed appropriate, in any such manner as shall be approved by the Human Relations Commission or its staff. 6. The City Council may by motion terminate this agreement at its sole discretion after a public hearing and upon ten (10) days written notice to EOC. Said termination shall be effective 30 days after City mails notice of termination of the EOC agreement. Any funds not paid pursuant to paragraph 5, above, shall revert to City upon said termination. 7. For purposes of notice under this agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: CITY: ECONOMIC OPPORTUNITY COMMISSION: City Clerk Economic Opportunity Commission PO Box 8100 1508 Marsh St. San Luis Obispo, Ca. San Luis Obispo, Ca. 94303 -8100 93401 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their proper officers duly authorized: ECONOMIC OPPORTUNITY COMMISSION: CIT'Y OF,' SAN LOI yor eJan> C. Billig� ATTES Ci y Clerk PamVoges III. EXHIBIT B PROGRAM OBJECTIVES With the acquisition of a video cassette recorder and portable television the nutrition program will be able to receive and make use of the most current education and training materials which may stimulate the interest of a greater number of seniors to participate in the training and educational sessions at the meal sites. In addition, the Senior Nutrition Advisory Council and other senior groups frequently use our nutrition sites in the city of San Luis Obispo for monthly meetings of seniors from throughout the county. The video equip- ment would allow these groups to make use of cassette tapes currently available from the department of aging and other state sources on matters of legislation and other issue.s of concern to seniors. E.O.C. would make known the availability of the VCR and TV equipment for use by other senior groups and organ- izations in the city. EXHIBIT C GUIDELINES FOR REPORTING City of San Luis Obispo Grants -in -Aid Funds PHILOSOPHIC ASSUMPTION: Aim to help people to help themselves. GENERAL GUIDELINES: As you know, funded agencies are paid with City of San Luis Obispo taxpayer's money. As such, we are all required to be accountable for these funds. Accountability will be achieved through the following methods: 1. Liason Program: The HRC, through the Commissioners or staff, will be in contact with the funded program on a regular basis to identify areas of concern and /or to provide a resource for each program funded. 2. Periodic Reports will be due to the HRC. The release of funds shall be contingent on the reciept of a complete report. Guidelines for such reports shall be as deemed appropriate by the HRC.* 3. Fiscal Year -End Reports shall be the responsibility of each funded agency, and shall be due by July 30, 1984. Said report shall consist of a synopsis of previous statistical reporting and an overall narrative of program operations during the fiscal year. This report will allow the HRC to present an accurate reflection of how City Grants -in -Aid funds were used during the fiscal year to the City Council. 4. Documentation: Through the use of a standardized form supplied to each funded agency by the HRC, programs will be required to categorically display their use of city funds. While supporting documentation is not necessarily required within the reporting guidelines, it is necessary to have such documentation on hand in order to satisfy any need for such documentation. 5. Annual Audit: If necessary, the agency must provide for an annual audit by an independent auditor mutually agreed upon. Through the use of this system, you can aid us to be accountable to the taxpayers of the City. Your cooperation is very much appreciated.. As always, the HRC and staff are available for help and consultation. whenever the need arises. *See Agency Periodic Report - Specific Guidelines EXHIBIT C -� EOC ($500.00). FY 85 -86 To be paid in one payment upon documentation of cost of system and acquisition of matching funds. Final report due by July 31, 1986 according to Periodic Report Format. follows: i RESOLUTION N0. 5780 (1985 SERIFS) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS ASSOCIATION FOR THE PERIOD JULY It 1985 - JUNE 301, 1988. BE IT RESOLVED by the council of the City of San Luis Obispo as Section 1. The Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo Police Officers Association, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. Section 2. The Finance Director shall increase the Personnel Services appropriation accounts to reflect the negotiated compensation changes. Section 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed Memorandum of Agreement approved by it to: Frank Goodwin, President SLOPOA; Ann Crossey, Personnel Director; Roberta Goddard, Finance Director. On motion of Councilman Settle , seconded by Councilman Duninr and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd. day of September , 1985. R 5780 �l Resolution No. 5780 ATTEST: i )II .,-f--7 I City perk Pameld VrIves Tj 00e- City PAVAis#ative Officer (1985 Series) * * * * * * * * * * Personnel Director GozGvijt-.- ro�,s•) 14 nn pit - a.lvCc (0s), - a, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF SAN LUIS OBISPO MEMORANDUM OF AGREDUM SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION JULY 11 1985 Through JUNE 30, 1988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C; TABLE OF CONTENTS Article No. Title Page No.. 1 PREAMBLE 1 2 RECOGNITION 2 3 CHE0VOF DUES DEDUCTION -- 3 4 EMPLOYEE RIGHTS = .._ 4 5 MANAGEMENT RIGHTS 5 6 REPRESENTATIVE ROLE 6 7 SALARY 8 OVERTIME - SWORN - - -- 10 9 ROLL CALL BRIEFING - - 12 10 OVERTIME - NON-SWORN - — 13 11 GUARANTEED MINIMUMS FOR RETURNING TO WORK — 14 12 __..... _ _ ......... WORK OUT-' -GRADE 16 13 STANDBY - — 17 14 EDUCATION INCENTIVE -- 18 15 UNIFORM ALLOWANCE 20 16 ......... ............................... HEALTH CARE INSURANCE - . 21 17 RETIREMENT _- 22 18 RETIREE'S MEDICAL INSURANCE 24 19 HOLIDAYS 25 20 VACATION 27 21 SICK LEAVE 28 22 BEREAVEMENT LEAVE 29 3 WORKERS' COMPENSATION LEAVE 30 24 GENERAL PROVISIONS 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Article No. Title Page No. 25 POLICY AND PROCEDURE COMMITTEE 32 26 WORKING CONDITIONS -- 33 27 DEFINITIONS - 34 28 .GRIEVANCE PROCEDURE --- _ _. - 35 29 LAYOFFS _ 38 30 WORK ACTIONS 39 31 FULL AGREES ENT - _ - 41 32 SAVINGS CLAUSE 42 33 OPENERS - 43 34 RENEGOTIATIONS - - 44 35 TERM OF AGREEMENT `— - _ _ 45 .APPENDIX A 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 1 PREAMBLE This Agreement is made and entered into this 3rd day of September, 1985, by and between the City of San Luis Obispo, hereinafter referred to as City, and the San Luis Obispo Police Officers' Association.. The purpose of this Agreement is to pranote the improvement of personnel management and employer /employee relations; provide an equitable and peaceful procedure for the resolution of differences and establish sates of pay and other terms and conditions of employment. The City and the Police Officers' Association agree that all employees of the City share in the important responsibility of providing superior service to the public and that every job and position is considered to be important. Nothing in this Agreement between the parties shall invalidate or be substituted for any provision in City Resolution No. 3405 (1977 Series) unless so stipulated to by provision(s) contained.herein and agreed to. -1- ARTICLE 2 RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution No. 3405 (1977 Series), the City hereby recognizes the San Luis Obispo Police Officers' Association as the bargaining representative for purposes of representing regular and probationary employees, occupying the position classifications set forth in Appendix. A, in the Police Unit with respect to their canpensation, hours and other terns and conditions of employment for the duration of the Agreement. -2- 1 2 -3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE -3 amok OF"uEs DEDUCTION The City shall deduct dues from City employees and remit said dues to the Association on a monthly basis for the duration of this Agreement, which dues shall not include assessments. :Monthly dues deduction, additions, and /or deletions shall be recorded by the City's Finance Officer and a notification of all dues transactions shall be sent monthly to the Association President. The Association shall hold the City harmless from any and all claims, and will indemnify it_ against any unusual costs in implementing these provisions. Additional provisions can be found in Section 20 of Resolution No. 3405 (1977 Series). -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ARTICLE 4 EMPLOYEE RIGHTS Wployees;of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer - employee relations including, but not limited to, wages, hours and other terms and conditions of employment. E2mployees of the City also shall have the right to-refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these. rights. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 ARTICLE 5 MAIAGEMENT RIGHTS The rights of the City include, but are not limited to, the exclusive right to determine the mission of .its constituent departments, cammissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of the job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology for performing its work. -5- 1' i 2' 3 4 5 6 7 8 9 10 11 12 131 14 151 16 17 18 19 20 21 22 23 24 25 26 27 28 G � ARTICLE 6 REPRESENTATIVE ROLE Members of any recognized employee organization may, by a reasonable method, select not more than three employee members of such organization and one employee observer to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by an authorized official of the organization) on subjects within the scope of representation during regular duty or work hours without loss of compensation or other benefits. The employee organization shall, whenever practicable, submit the name(s) of each employee representative to the Municipal Employee Relations Officer at least two working days in advance of such meetings. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official. If employee representatives cannot be released, date of meeting will be rescheduled in accordance with item (2) below. (2) That any such meeting is subject to scheduling by City management consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours. 10 I 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 211 22 23 24 25 26 27 281 ARTICLE -'7 �� 8.1� Rules Governing Step Increases The rules governing step increases for employees covered by this MOA are included in the current Salary Resolution with the following modification: The department head shall be authorized to reevaluate employees who reach Step 5 in their pay range. An employee who is not performing up to standard for the fifth step shall be notified in writing that the department head intends to reduce him one step unless his_job performance improves significantly within a 60-day period. unless the employee's job performance 'improves to an acceptable level by the end of 60 days, the pay reduction shall then became effective. The fifth step may be reinstated at any time upon recommendation of the department head. If the department head deems it necessary to again remove the fifth step during the same fiscal year, he may make the change at any time with three business days' advanced written notice. Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 95% of the next highest step, canputed to the nearest one dollar. Step 4 = 95% of Step 5 Step 3 = 95% of Step 4 Step 2 = 95% of Step 3 Step 1 - 95% of Step 2 Each across- the -board % salary increase shall raise step 5 of range 9P. by the %. Step 5 of each successive salary range will be 2.6% -7- 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19! 20 21 22 23 24 25i 261 271 24 above step 5 of the next lower range. After all step 5's of salary ranges have been established, each step 5 shall be rounded off to the nearest $1.00 and the rennanng steps established in accordance with the above formula. Enployees who are eligible for advancement to step 4 or 5 after July 10, 1983, must receive a "Meets Performance Standards" or better on the overall rating on their most .recent Performance Appraisal prior to or coincident with their being eligible for advancement by time in grade. 8.2 Salary_ increases - for -term -of-Agreement SAFETY DTEDYEES MISCELLANEOUS EMPLOYEES 1 July 1985 - 5% 1 July 1985 — 5% 1 July 1986 - 4% 1 July 1986 - 5% 1 Jan. 1988 - 3% 1 July 1987 — 7% -8- L 1" mil 1C 11 1r 1� 14 15 1C Ii .18 19 20 21 22 23 24 25 26 27 28 8.3 Salary Range Listing -a.. Effective:l::July 1985 SALARY JOB TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE 09P Parking Enforcement Officer. $1298 $1367 $1439 $1514 $1594 Police Field Service Tech. Police Cadet 12P d=unications Technician I $1403 $1477 '$1555 $1637 $1723 .13P Crime Prevention Coord. $1440 $1516 $1596 $1680. $1768 18P Conffiunications Technician 11 $1640 $1726 $1811 $1913 $2013 22P Police Officer $1819 $1.915 $2016 $2122 $2234 24P Evidence Technician $1916 $2017 $2123 $2235 $2353 Police Officer w /FTO Di-ff. Police Officer w /DET. Diff. 28P Police Sergeant I $2126 $2238 $2356 $2480 $2610 30P Police Sergeant I1 $2239 $2357 $2481 $2612 $2749 31P Technical Services Coord. $2298 $2419 $2546 $2681 $2822 35P Police Lieutenant $2550 $2684 $2825 $2974 $3130 40P Police Captain $2903 $3056 $3217 $3386 $3564 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE -8 OVERTIME - SWORN EFFECTIVE 1 OCTOBER 1985 8.1 DEFINITION Overtime is defined as all hours worked in excess of 160 hours worked in the employee's 28 day work period. Vacation, holidays, sick leave. IOD,, and compensatory time off,, shall be considered hours worked when computing overtime. 8.2 ELIGIBILITY All sworn employees covered by this.Agreement except for the Police Lieutehantsr Police Captains and Sergeant II, shall be eligible for overtime pay. The Police Chief has the authority to approve in writing overtime pay for exempt positions per submitted overtime slips by•the concerned Parties, based on the needs of the organization or exceptional circumstances.. 8.3 COMPENSATION (a) overtime hours 16.1 thru 1,65 worked in the employee's 28 day work period, shall be paid in cash at the employee's straight time base hourly rate, or compensatory time off on an hour for hour basis. (b) overtime hours 166 thru 17.1 worked in the employee's 28 day work periodf shall at.the employee's option,, be compensated in cash at time and one-half the employee's regular rate of pay or in L n tim.off on an hour-for-hour basis. However, no employee shall accumulate and have current credit for more than forty (40) hours of compensatory time off. -10- 1 2 3 4. 5 6 7 8 9 10 1.1 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 28 (c) Overtime earned in excess of the first eleven (11) hours of overtime earned in the employee's 28 day work period, shall be ccmpensated in cash at one and one half (1 1/2) times the employee's regular rate of pay. -11- 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 1311 19 20 21 22 23 24 25 26 I 271 28 n ARTICLE 9 ROLL CALL BRIEFING EFFBCTIVE 1.00TOBER 1985 Employees who are required to attend roll call briefing and do, shall be paid for such attendance. Payment shall be considered overtime and paid as such if the hours fall within the definition of overtime. -12- 1 2 3 4 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE -10 OVERTIME;- NON -SWORN EFFECTIVE 1 OCTOBER 1985 10.1 DEFINITION.. Overtime is defined as all Hours- worked in excess of forty (40) hours worked in a work week. vacation, holidays, sick leave, IOD and canpensatory time off, shall be considered hours worked when.canputing overtime. 10.2 ELIGIBILITY All non -sworn employees covered.by' this Agreement except for the Technical Services Coordinator, and Canmunications Technician II, shall be.eligible for overtime pay. 10.3 COMPENSATION Overtime shall be compensated An cash at one and one half (1 1/2) times the employee's regular .rate of. pay, 1 2 3 ARTICLE 11 GUARANTEED MINIMUMS FOR RETURNING TO WORK EETMTIVE 1 OCTOBER 1985 Whenever an employee is required by t1id department to return to work outside of the anployee's normal work hours, ifi minimum applies as found in this article, then the employee has the choice of taking the minimum or taking the pay for the work actually performed, whichever is larger.. 11.1 SCHEDULED RETURN TO WORK Court Time (a) Employees reporting for court duty shall be-guaranteed two hours minimum payment at straight time when assigned to the second or third watch or three hours minimum at straight time when.assigned to the first or fourth watch. (b) Two or more court cases occurring within the minimum time period shall be subject to a single minimum payment. Training Employees called back for training sessions authorized by the Police Chief or Watch Commander shall be guaranteed two-hour minimum payment at straight time. Range--,Qualification (a) Sworn.personnel below the rank of Captain shall be guaranteed two hours at straight time when participating in range qualification training when off duty. (b) Each sworn employee who shoots for qualification shall be provided 100 rounds of practice ammunition during that month. -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I / 11.2 NW-SCHEDULED QED RETURN. TO. WORK Call Back Bnployees called back to work at other than their normally scheduled shift shall be guaranteed two -hour minimum payment at time -and- one -half. -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 V � / ARTTICLE 12 -WORK OUT-OF -GRADE Employees temporarily assigned to Work in a higher classification shall receive one step (5.26) additional pay but in no case more than the top step for the higher classification under to following conditions: 1. The assignment exceeds ten consecutive work days, in which case the step increase becomes effective on the first work day. 2. The person being temporarily replaced is on extended sick or disability leave or the position is vacant and an examination is pending. -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 13 STANDBY EFFECTIVE 1 OCTOBER 1985 13.1 DEFINITION 1/-) Standby is that,circumstance which requires an employee assigned . by the department to 1) be ready to respond immediately to a call for service, 2) be readily available at all hours by telephone or other agreed upon communication equipment, and 3) refrain from activities which might impair his/her assigned duties upon call. The parties agree that employees on standby, as defined above, are "waiting to be engaged." The parties further agree there is no .intent to waive any individual rights under FLSA. 13.2 COMPENSATION Non- investigator (a) Sworn personnel below the rank of Lieutenant, placed on standby shall be compensated one hour's pay for each five (5) hours standby. (b) Such employees shall be paid .a minimum of three (3) hours straight time when on standby. Investigator (a) Investigators placed on standby shall be compensated twelve dollars ($12.00) per day Monday through Friday, and sixteen dollars ($16.00) per day for other days of standby. (b) Standby shall be rotated among the assigned investigators. Normally, the standby assignment shall be for one (1) week. -17- 1 2' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 14 EDUCATION INCENTIVE The City agrees to establish an educational incentive pay plan. Incentive pay benefits will be available only to personnel below the rank of Captain. A. BASIC BENEFITS. Education incentive pay shall not begin until one year after employment with the City of San Luis Obispo, but credit will be given for approved education obtained prior to that time. The basic benefit for officers employed prior to July 1, 1981, will consist of one -half step above the base salary for possession of an A.A., or equivalent degree from an accredited community or junior college, or 60 or more semester units, or ,a city - approved equivalent, towards a B.A. degree; and one full step for a B.A. or equivalent degree plus the P.O.S.T. Advance Certificate. Total.:incentive pay shall in no case exceed one step. B. JOB RELATED FIELDS. Degrees must be either in directly job related fields or include at least 30 semester, or city - approved equivalent, units in the case of an A.A, or A.S. degree, and at least 60 semester, or city - approved equivalent, units in the case of a B.A. or equivalent degrees leading toward the appropriate degree with a grade of "C" or better. C. APPLICATION AND APPROVAL. Application for the incentive pay shall be made by the employee to the department head at least 30 days before . the date the payment of the incentive pay is to be effective. Approval of the department head and the Personnel Director shall be required. -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. UNSATISFACTORY PERFORMANCE. In the event an employee receiving the incentive pay is not performing up to the established standards set for the job, the department head.with the concurrence of the Administrative Officer may suspend - 'payment of the incentive pay or Step 5 of the salary range, but not both, until such time as the employee's performance :canes -up to the standard level, in the opinion of the..department head and .concurred in by the Administrative Officer. E. NON- APPLICABILITY. Educational incentives shall not be paid for education received on City time. The education incentive will be removed if the. employee is promoted to a position.which does not entitle employees to such incentives. F. TUITION AND BOOKS. If an employee holds a position which does not qualify him for incentive pay, the employee will be eligible to receive payment for 50% of tuition and books for approved job - related courses upon satisfactory completion of same with a grade of "C" or better. G. NEW EMPLOYEES. The basic benefit for officers hired on.or.after July 11 1981, shall be a five percent step increase for a period of one fiscal year if during the previous fiscal year the officer has successfully completed. -- i.e.., grades of "C" or better in all courses a minimum of nine semester units of college level classroam work, or City-approved equivalent, approved by the Chief of Police, provided that this benefit shall be payable only for classroom work done after completion of the probationary period. M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G ARTICLE 15 UNIFORM ALLOWANCE 15.1 Each employee required to wear a uniform shall receive an annual uniform allowance as provided below. This allowance shall not be paid to any employee who is off duty due to a job - related injury at the start of any calendar quarter. if the employee returns to work during that quarter, his/her uniform allowance will be prorated. 15.2 The uniform allowance shall be: 1 January 86 $400.00 1 January 87 $475.00 1 January 88 $500.00 15.3 Sworn employees not required to wear a uniform shall receive a allowance of $300.00 annually in the same method as provided in Section 1. -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 18 19 20 21 22 23 24 25 26 .27 28 �\ jJ ARTICLE 16 HEALTH:CARE.INSURANCE 16.1 Effective 1 July 1985, City agrees to contribute $284.13 per month for medical, dental, vision and life insurance for each regular, full -time employee covered by this Agreement. 16:2 In addition to the $284.13 stated above, the City will contribute an amount equal to the excess above the-following: 1985 -86 $305.00 1986 -87 $320.00 198748 $335.00 16.3 City shall pay to each full -time regular employee prior to December 22, an annual lump sum payment (subject to appropriate taxation) for the difference between $284.1.3 per month or. the prorated share for less than full -time employees- any lesser sum expended by the employee for medical,, dental, vision and life coverage for the period of January l through December 31. 16.4 The Association shall actively participate in the Medical Plan Review Committee., Such committee shall . review medical plans and. may recommend plan benefit changes effective l January 1986. The Association shall accept any changes recamnended by three (3) out of the four (4) participating Associations. -21- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 61 ARTICLE 17 17.1 The City agrees to 'provide the Public Employees, Retirement system's-one-half pay at age 55 plan to all sworn personnel. The one-half at age 55 plan includes four amendments,, namely, Post Retirement Survivor Allowance,, the 1959 Survivor's Benefit, age 50 voluntary retirement,, and one-year final compensation. The 2% at 60 plan has three amendments,, 1959 Survivor's Benefit, one year final compensation,, and conversion of unused sick leave to additional retirement credit. 17.2 Effective 1 July 1983, City agrees to provide PERS 2% at 55 for sworn personnel and 2% at 60 for unsworn personnel, with amendments.as specified in 10,.1j, with conversion of unused sick leave to additional retirement credit. 17.3 1 July 1985 - City-Will pay employee's contribution to B.E.R.S. 1 July 1986 - City will pay employe els contribution to PA.R.S., 1 July 1987 - City will pay employee's contribution to P.E.R.S. to a maximum of 9% except as provided in 17.5. 17.4 Effective 1 July 1987, City agrees to continue to provide PERS 2% at 60.for.unsworn personnel., With amendments as specified in section 1. Effective .1 July 19.87, City agrees to provide P.E.R.S. 2% at 50 for sworn Personnel with amendments as specified in section 1 except all employees hired as sworn officer's on or after 1 July 1987 shall.have their final compensation for retirement purposes figured on their highest three (3) years. _22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18 19 20 21 22 23 24 25 26 27 28 17.5 Parties agree thatthe City's cost obligation when adding 2% @.50 retirement, shall be 10% of unit safety employee salary, including any increased payment under 17.3. Any costs above such ten percent (10 %) shall be shared.on a 50/50 basis between the parties. -23- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ! 0 ARTICLE 18 RETIREE'S MEDICAL INSURANCE 18.1 Employees covered by this Agreement who meet all of.the conditions set forth below, are eligible to participate in the group medical coverage provided by the City. Such coverage shall be at the group rate and shall be paid totally by the employee. The qualifying conditions are: (a) The employee must retire from.City service, apply for and actually receive retirement benefits through the City's retirement system. (b) The employee must be at least 50 years of age. (c) The employee must have at least ten (10) years of service with the City. (d) The employee may have dependent coverage only for those dependents covered for the last year of employment with the City. (e) All employee and dependent coverage will cease upon the death of the employee or upon the employee reaching age 6.5. 18.2 This benefit only applies to employees who retire during the term of this Agreement. This benefit shall continue beyond June 30,. 1988, if; and only if, there is mutual agreement of the parties to continue such benefit. -24- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22. 23 24 25 26 27 28. ARTICLE 19- HOLIDAYS For all employees, holiday leave shall be accrued as earned each payroll period at a rate of 8 hours per month. The following days of each year are designated holidays for non -shift employees: January 1 - New Year's Day February 12 - Lincoln's Birthday Third Monday in February - Washington's Birthday Last Monday in May - Memorial Day July 4 - Independence Day First Monday in September - Labor Day September 9 - Admission Day Fourth Monday. in October - Veteran's Day Fourth Thursday in November - Thanksgiving Day December 25 - Christmas Employee's Birthday One -half day before Christmas One -half day before New Year's When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed.. Except with the prior written approval of the Chief, non -shift personnel shall take the holidays as scheduled above. If the department is unable to allow shift employees to take holiday leave, the Chief.may approve payoff of holiday leave on a straight 25- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I� 0 0 time basis. The payoff may occur once quarterly. This payoff is subject to annual approval of the-Chief. F]nployees may accrue a maximum of holiday time not to exceed their annual rate. -26- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 20 VACATION 20.1 Vacation shall be accrued and used as provided in Section 2.36.440 of the San Luis Obispo Municipal Code. "Each incumbent of a forty- hour -a -week line -item position shall accrue vacation leave with pay at the rate of twelve days per year of continuance service since the benefit date for the first five years, fifteen days per year upon completion of five years, eighteen days per year upon completion of ten years, and twenty days upon completion of twenty years. Employees scheduled for more than forty hours a week shall receive the equivalent number of vacation days prorated to the number of regularly scheduled work hours." 20.2 All employees may accrue a maximum of vacation time not to exceed twice their annual rate. -27- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE-21 SICK LEAVE Sick leave is governed by Section 2.36.420 of the Municipal Code. An employee may take up to two days per year of sick leave if required to be away from the job to personally care for a member of his/her immediate family as defined in Section 2.36.420 of the San.Luis Obispo Municipal Code. This may be extended to five days per year if the family member is part of the employee's household, and to seven days if a household member is hospitalized and the employee submits.written.verification of such hospitalization. Upon termination.of employment by death or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: a. Death - 25% b. Retirement and actual ca mencement of PERS benefits: 1. After ten years of continuous employment - 10% 20 After twenty years of continuous enployment.15% -28- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 22 BEREAVEMENT LEAVE At each employee's option, absence from duty due to the death of a member of the employee's iumediate family, meaning spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step - sister, grandparent, or any other relative living in the same.household, provided such leave as defined in this section shall not exceed five (5) working days for each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information given concerning the death of relationship shall be cause for discharge. -29- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 23 WORKERS' COMPENSATION LEAVE Any employee who is absent from duty because of on- the -job injury in accordance with state workers' compensation law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between his base salary and the amount provided by workers' compensation law during the first 90 business days of such disability absence. -30- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 ARTICLE 24 GENERAL PROVISIONS 24.1 Payroll Periods Payroll periods currently are the first, of the month through the fifteenth with a pay check issued on the 22nd or nearest preceding business day, and the sixteenth through the end of the month with a paycheck issued on the 7th or nearest preceding business day. Reasonable changes in payroll dates and checks may be made to better accommodate the payroll system and applicable laws. 24.2 Paychecks Prior to Vacation If an employee is taking vacation leave and wishes to receive his regular paycheck before payday, the employee must notify the Finance Department in writing at least two weeks prior to the start of vacation provided the employee has sufficient vacation time caning to cover the pay period.. 24.3 Management Benefit Employees filling those positions defined as management shall receive $25,000 term life insurance and long-term disability insurance plan for recognition of their management responsibilities. 24.4 Salary Survey Agencies The parties shall establish a committee to develop a list of comparable agencies. The committee shall consist of four members. Each party shall appoint two members to the committee. If the parties are unable to reach agreement on a list of agencies, then, at the request of either party, they may enlist the aid of a mediator. The mediator shall be from the State Mediation Service assigned to the San Luis Obispo area. -31- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • O ARTICLE 25 POLICY AND PROCEDURE COMMITTEE A coanittee including three (3) Association member(s), two (2) departmental management and the Personnel Director shall explore and reconcile overlapping and conflicting policies and make recommendations to the Police Chief. The Police Chief will consider any recommendations of the committee; however, the parties recognize and agree that the Police Chief has the authority to set policy. -32- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 26 WORKING CONDITIONS Place of- Residence An officer's place of residence shall be within a thirty (30) minute driving radius from San Luis Obispo proper. —33— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • 10 ARTICLE 27 DEFINITIONS For purposes of uniformity in the performance evaluation process, the following definitions, developed by the Performance Appraisal Catmittee in June 1983, are provided: UNACCEPTABLE Consistently fails to meet performance standards and objectives for position. Performance indicates serious lack of knowledge of basic skills or lack of application of skills. Requires immediate attention and improvement. IMPR0VEMENT NEEDED Performance is frequently less than expected of a competent employee for the position. Performance indicates some deficiency in basic skill, knowledge or application. Specific efforts to improve desired. MEETS PERFO}dW CE STANDARDS Performance indicates competent and effective adherence to expected standards. Performance 'indicates fully acceptable demonstration of knowledge and skills. EXCEEDS PERFORMANCE STANDARDS Performance consistently above standards for position. Performance indicates superior knowledge and application of skills. Exceptional performance. Application of knowledge, skills and results are consistently well beyond the expected standard for position. -34- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 28 GRIEVANCE PROCEDURE A grievance is defined as an alleged violation, misinterpretation or misapplication of the personnel rules and.regulations or of any Memorandum of Understanding, excluding disciplinary matters, or other matters as fall within the scope of representation. Each grievance shall be handled in the following manner: A. The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance with the supervisors immediate superior. The employee shall have the right to choose a representative to accompany him/her at each step of the process. If the matter can be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated. B. If still dissatisfied, the employee may immediately submit the grievance in writing to the department head for consideration, stating the facts on which it was based, including the provision of the rules, .regulations, or agreement said to be violated, and the proposed remedy. This action must take place within fifteen (15) business days of the occurrence of the grievance. The department head shall promptly consider the grievance and render a decision in writing within fifteen (15) business days of receiving the written grievance. If the employee accepts the department head's decision, the grievance shall be considered terminated. -35- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 � n C. if the employee is dissatisfied with the department head's decision, the employee may immediately submit the grievance in writing to the Personnel Director within five (5) business days of receiving the department head's decision. The Personnel Director shall confer with the employee and the department head and any other interested parties, and shall conduct such other investigations as may be advisable. D. The results or findings of such conferences and investigations shall be submitted to the City Administrative Officer in writing within fifteen (15) business days of receiving the employee's written request. The City Administrative Officer will meet with the employee . if the employee so desires before rendering a decision with respect to the complaint. The City Administrative Officer's decision shall be in writing and given the employee within fifteen-(15) business days of receiving the Personnel Director's results and findings. Such decision shall be final unless employee desires the Personnel Board to review the decision. If such is the case, the employee will have five (5) business days following receipt of the City Administrative Officer's decision to submit a written request to the Personnel Board through the Personnel Director for a review of the decision. The Personnel Board within thirty (30) business days shall review the record and either (1) issue an advisory opinion to the City Administrative Officer; or (2) conduct a hearing on the matter. If a hearing is held, an advisory opinion shall be rendered by the Board- within ten (10) business days of the close of such hearing. If an opinion signed by at least three (3) members of the Personnel Board -36- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 recommends overruling or modifying the City Administrative Officer's decision, the City Administrative Officer shall comply or appeal this recommendation to the City Council. Such appeal shall be filed with the City Clerk within three (3) business days of the Board's action. If appealed, the City Council shall review the case on the record and render a final decision within fifteen (15) business days of submittal. -37- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i f� ARTICLE 29 LAYOFFS The parties agree that Rule 2.36.280 shall be revised to give employees who.are laid off pursuant to Rule 2.36.280 reemployment rights that will require their rehire prior to the employment of individuals on an open or promotion list. The employee to be rehired, must, at the time of rehire, meet the minimum qualifications as stated in the appropriate class specifications. Ruployees will be rehired on the basis of last out, first in. -38- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 30 WORK ACTIONs Participation by an employee in a strike or a concerted work stoppage is unlawful and shall terminate the employment relation. Provided however that nothing herein shall be so construed-as to affect the right of any employee to abandon or to resign his employment. (a) Employee organizations shall not hinder, delay, interfere, or coerce employees of the City in their peaceful performance of City services by .strike, concerted work stoppage, cessation of work, slow -down, sit -down, stay -away, or unlawful picketing. (b) In the event that there occurs any strike, concerted work stoppage, or any other form of interference with or limitation of the peaceful performance of City services prohibited by this Article the City, in addition to any other lawful remedies or disciplinary actions, may by the action of the Municipal Employee Relations Officer cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and withdraw recognition of the employee organization or organizations participating in such actions. (c) Employee members of any employee organization shall not be locked out or prevented by management officials from performing their assigned duties when such employees are willing and able to perfoam such duties in the customary manner and at a reasonable level of efficiency. -39- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • z� Any decision made under the provisions of the Section may be appealed to the City Council by filing a written Notice of Appeal with the City Clerk, accompanied by a complete statement setting forth all of the facts upon which the appeal is based. Such Notice of Appeal must be filed within ten (10) working days after the affected employee organization first received notice of the decision upon which the complaint is based, or it will be considered closed and not subject to any other appeal.. -40- 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 31 F= .AGREEMENT T It is understood this.Agreement represents a canplete and final understanding on all negotiable issues between the City and the Association. This Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. The parties, for the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter not specifically referred to or covered in this Agreement even though such practice, subject or matter may not have been within the knowledge of the parties at the time this Agreement was negotiated and signed. In the event any new practice or subject matter arises during the tezm of this Agreement and an action is proposed by the City, the Association will be afforded notice and shall have the right to meet and confer upon request. -41- .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 ARTICLE 32. SAVINGS CLAUSE If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose.of arriving at a mutually satisfactory replacement for such provision within a thirty (30) day work period. If no agreement has been reached, the parties agree to invoke the provision of impasse under Section 13 of City Resolution No 3405 (1977 Series). -42- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTUCLE- 33 OPENERS There shall be no reopeners during the tern of this Agreement. -43- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IC 0 ARTICLE 34 RENEGOTIATIONS If at the expiration of the term of this Agreement, either party wishes to make changes to this Agreement, that party shall serve upon the other, its written request to negotiate, as well as its initial proposals for an amended Agreement. Such notice and proposals must be submitted to the other party between 15 April and 1 May. If notice is properly and timely given, negotiations shall commence no later than 15 May. -44- I �j 4 51 G 7 S 9 10 11 1.2 j 13! 14i 15 161 1711 1ST' I� 19j1 0j 21I ii 2`i' 241 2,51 1 ,01 27i 2911 ARTICLE 35 TERM OF AGREEMENT This Agreement shall become effective as of July 1, 1985 and shall continue in full force and effect until expiration at midnight, Jame 30, 1988. SIGNATURES 1. Classification covered by this Agreement and included within this unit are shown in Appendix "A ". 2. This Agreement does not apply to Temporary Employees or Part -time Employees. This Agreement was executed on September 3, 1985 by the following parties: CITY OF SAN LUIS OBISPO Don Becker, City Consultant - aT:q9&;2e - - - Ann Crossey, PersonneV Director CW C6� Don Engler Chief of Police SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION ism. L. Williams, Jr. PORAC -45- . -. ' A ame ERA WMA I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 It 0 APPENDIX A CLASSIFICATION Non -Sworn Corrmunications Technician I Comunications Technician II Crime Prevention Coordinator Evidence Technician Field Service Technician Parking Enforcement Officer Police Cadet Technical Services Coordinator Sworn Police Officer Police Sergeant I Police . Sergeant II Police Lieutenant Police Captain -46 i- RESOLUTION NO. 5779 (1985 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A TENT PERMIT WITHIN BRIDGE STREET RIGHT -OF -WAY IN FRONT OF 270 BRIDGE STREET WHEREAS, Sonic Cable Television has made application with the city for a tent permit to conduct an entertainment activity in front of 270 Bridge Street; and WHEREAS, Council members have considered all materials submitted to it as part of regular agenda packets regarding the application and have visited the site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, as follows: SECTION 1. Based on its consideration of the materials, comments, and inspections hereinabove described, the council finds as follows: a. The proposed tent will not be detrimental to the health, safety, and welfare of persons living or working in the area. b. The proposed tent is appropriate at the proposed location.. c. The proposed tent is categorically exempt from environmental review. SECTION 2. Based on these findings and on the circumstances peculiar to the site and to the operation applied for, the tent permit is hereby approved, subject to the following conditions: a. Tent may be erected on September 27 and 28, 1985, only. b. No tent stakes or other hold -down equipment shall be allowed to penetrate the street pavement. c. A minimum of two (2) portable chemical toilets shall be provided at all times while tent is erected. d. Food and beverage operation shall be approved by the Health Department. e. Tent shall be manufactured from an approved flame - residtent material. Certification of this shall be provided to the city Fire Department prior to erection of the tent.. f. Applicant shall provide a minimum of one 5 -pound 2AlOBC fire extinguisher in the tent area. R 5779 Resolution No. 5779 '�i985 Series) Page 2 g. Minimum of 20 -foot wide access into the tent area shall be maintained_ at all times, to the satisfaction of the city Fire Department. h. No internal- combustion engines shall be located closer than 100 -feet from the tent, to the satisfaction of the Fire Department. i. Smoking shall not be permitted in or around the tent. Applicant shall post signs prohibiting smoking, to the satisfaction of the Fire Department. On motion of Councilman Settle_ ;, seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of 1985. September , APPROVED: zz"//, z '-� Ci y A rtrative Officer City Att ney Community Development Director So�c (71, --�qss RESOLUTION NO. 5778 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING WASTEWATER TREATMENT PLANT COMPUTER BASED TELEMETRY PROJECT AND AUTHORIZE FUNDING FROM UNAPPROPRIATED SEWER .FUND BALANCE WHEREAS, recent modifications to the City's Wastewater Treatment Plant have been completed and,. WHEREAS, the graphic panel is now outdated and does not provide the required information needed for operation and, WHEREAS, new computer based telemetry systems can provide the information more cost - effectively and also provide additional capabilities and, WHEREAS, the City has received approval for grant funding of 87.5% of this project, NOW, THEREFORE, BE IT RESOLVED, by the City Council to: 1. Authorize the appropriation of $45,000 from the unappropriated sewer fund balance to Capital Project Fund No. 216. 2. Direct the Finance Director to establish Capital Project Fund No. 216, entitled "WASTEWATER TREATMENT PLANT TELEMETRY PROJECT ". 3. Direct the Finance Director to book $39,375 in accounts receivable for the grant revenue. 4. Designate the Utilities Managers as Project Manager and direct him to proceed with preparation of plans and specifications for the telemetry project. 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 R 5778 • :wSlIss NO? & 2011jJ0239 & 'M 347 U ANZA01 AV! W ZOITUTIM It TZLM-AR27 ENTA33TEAU LOW• UVIRD Zfbj MA OZA T3•LOAq Y2T?KAIHT qUAR RMITCA UAW AIM OBTAIMMAM V 2 WOM 3NI309TOA AMA1/8 QwT, MAIME-W PW y1of't ad; Obtucig ion 2qcb NO holsbow too at Kneq vifyc"! 90 PAvHK:: Ws nalwiszo -ol 59b9sn WinmicOf hqOUP5, 043 Wyanq wwava 111DOSLU3 Ounus inlymno wqu MASHM KnOOKK whMir 005 bw Y19VIA0115-w3 sqOM noUBMIAN Onn aq!jkEKnqwI 10 14.7c 10 psnows waly M YIN M .&AWAT.'i .:300Iq aidi wo :100HOD VT21 NAT yj GHvdvu3M TI Ad .001HUM KOX Dqj,jjjOjqqBnu odi moil Uon,QR Au nQYuKOouQcn 90 nni-OQUA .1 .00 .01 hnsh SOOLUTT inslqnj Oj sonsisd bail laww'. hazi inQuil ial,qv; Inidwag ci lujI91T qnc179 ON 1✓910 S, MANNIT 1ZAAR WMA•RT HiTAUTEAW" 5001as MAY .17 ."TOLOT' asnionn" of a7v M A00d cl IuvIqq:q Si2eall uss 1:100 Y .00n..01 MaIn M not INCOSYC' T091;" US lunwN Vat•iq an srqpqLsM aRMIN SO enn•iasu LOOMMOIq OIN hDOMIC 01 73 "Hwiss in nOVOM no 010V hao 201 9=001101 all no hns r. U:. Resolution No. 5778 (1985 Series) APPROVED: City AddhiftrItive Officer Director of F ance Director of Public Works qo rn e ro Finaiv A 0", .. ::,! I I A bA 3 RESOLUTION NO. 5777 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT WHEREAS, the Council hereby accepts the bid and authorizes the Mayor to sign a contract on behalf of the City for the following: Traffic Signal Installation On Los PROJECT: Osos Valley Road at Laguna Lane CITY PLAN NO. K29C & K30C and at Royal Way 877 -.K29C ESTIMATE: K29C - $63,000.00 BUDGET ACCOUNT: 1876 _ K30C K30C - $63,000.00 K29C -- $49,776.00 BIDDER: Lee Wilson Electric BID AMOUNT: K30C.- "$58,776.00 NOW THEREFORE BE IT RESOLVED, that the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman Settle seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey,.Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed < September , 1985. ATTEST: CITY CLERK PAMELALyOGES APPROVE City Adm rative Officer City Engineer R 5777 lee N1lson �J RESOLUTION NO. 5776 (SERIES 1985) A RESOLUTION AUTHORIZING ,:,THE! P.URCHASE'OF ONE - RECIRCULATING-, ". AIR STREET SWEEPER TO PUBLIC WORKS INC. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Authorize ..the r.; purchase =of r.. one,, (1�7:Recifdiilating "Air - Street Sweeper from Public Works Inc. for the bid price of $85,186.48 On motion of Councilman Griffin____, seconded by Coupci MWL.DuUirL__.L. --------- - - - - -- and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 20th__ day of -_ -- August 1985. YA OR MELANIE C. BIinG ATTEST CITY LERK PAMELA V GE s s s s s APP VED: � -------- City istr -; Officer ity Attothey Public Works Director =JL1 �- - -- --- - - - - -- Finance Dir for R 5776 Wor-Ks, Sias ,n RESOLUTION NO. 5775 (1985 Series) AN RESOLUTION OF THE ODUNCIL OF THE QTY OF SAN LUIS OHISPO GRANTING APPROVAL OF THE FINAL DEVELOPMENT PLAN FOR IA PARRA MEDICAL OFFICES AT 2306 JOHNSON AVENUE (PD 1193) WITH SPECIFIC DETERMINATIONS WHEREAS, in February 1985, the City Council approved a preliminary development plan for the La Parra Medical Offices at 2306 Jdthnson Avenue, and WHEREAS, the development plan was subject to specific conditions set forth in Ordinance No. 1031 (1985 Series), and WHEREAS, a public hearing was held August 20, 19851 to consider the final development plan and staff evaluations pursuant to Ordinance No. 1031 and the city's Zoning Regulations; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby determines that the final development plan substantially complies with the preliminary nary development plan with the following determinations which are mutually agreed upon between the city and the applicant: A. An extension of Bishop Street within a 52- foot -wide right -of -way will provide adequate traffic capacity and safety for vehicles and pedestrians, with parking restrictions and street improvements to be approved by the City Engineer. B. The developer will pay the city $6;000 toward the cost of changes to the Johnson Avenue - Bishop Street traffic signal, and will install conduit and signal wiring to the approval of the City Engineer. C. Occupancy of any part of the La Parra project may be allowed only after completion of all on -site and off -site improvements shown in the develcpment plan. D. Landscape planting plan, outdoor lighting, perimeter fencing, and minor site plan adjustments shall be as approved by the Community Development Director. E. The developer shall pay the city $5,000.00 toward the cost of correcting downstream drainage deficiencies as determined by the City Engineer. BE IT FURTHER RES01WED that the City Council hereby approves the final development plan for PD 1193 in the form of a site plan and other drawings R 5775 Resolution No.5775(1985 Series) Page 2 on file in the Camunity Development Department.- together with the specific determinations recited herein. On notion of -Councilman--Dunin-- --,' seconded by -Councilman.-Griffin--- and on the follading roll call vote: AyES: Councilmembers Dunin, Griffin, Dovey and Vice-Mayor Settle NC)ES: None ABSENr: Mayor Billig the foregoing resolution was passed and adopted this 20th- day of -August- 1985. Vice-Nayor Allen K. Settle ATTFSr:,-' City f lezk Pamela Vog#S APPROVED: City -A4m#s�tative officer City Attorney Ccmn-Inity Deve.Npment Director �o ss �� /� . Q �� ,, .e '�. d! RESOLUTION N0. 5774 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO REJECT AN APPEAL APPLICATION BY A PRIVATE CITIZEN OF A DECISION BY THE ARCHITECTURAL REVIEW ca4aSSION (ARC) TO GRANT FINAL APPROVAL OF A NEW OFFICE COMM AT 1035, 1043, AND 1055 PEACH STREET WHEREAS, an application for architectural approval was made by Peach Street Associates for the properties at 1035, 1043, and 1055 Peach Street; and WHEREAS, the Architectural Review Commission (ARC) reviewed the project on three separate occasions and gave final approval on July 15, 1985; and WHEREAS, a private citizen filed an appeal requesting that the ARC approval be overturned by this Council shortly after the ARC approval; E%1 WHEREAS, legal research and analysis has concluded that neither the Municipal Code provisions relating to the Architectural Review Ctmission nor the general appeal provisions allow for appeals of ARC decisions by anyone other than the developer /applicant; and WHEREAS, Council has reviewed the legal analysis and opinion and determined that it is a correct statement of the law. NOT, THEREFORE, the City Council of the City of San Luis Obispo resolves that: 1. The Architectural Review Commission (ARC) decision which gave final approval on July 15, 1985, is affirmed. 2. The appeal filed with regard to that Architectural Review Commission (ARC) approval is hereby rejected as the Council is without jurisdiction to consider such appeal. R 5774 Resolution No. 5774 kZ 985 Series) D Page 2 3. The appellant shall be refunded any fees imposed in connection with this appeal. On motion of Councilman Dunin Councilman Griffin call vote: a...n,. _,• q and on the following roll AYES: Councilmembers Dunin, Griffin, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 20th day of August , 1985. 4� , X_-� VICE—MAYOR ALLEN K. SETTLE ATTEST: I Ud C PAMEV GES * s s s s s s* s s s ��S S C, ;� �� -�r�� >��-✓ _. �j�ncP�� 1/ f� ... . � ,� �.. `i RESOLUTION N0. 5773 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF A TWEEWE -NONPH TIME EXTENSION FOR TRACT 1068 (HIGUERA TECHNOLOGY TRACT) LOCATED AT 150 TANK FARM ROAD wHEREAS; the phasing requirements of the Higuera Commerce Park Specific Plan prevented the subdivider of Tract 1068 from meeting all conditions of the tract trap; and W REAS, the subdivider requests a twelve -month time extension to receive approval of his final nap; and SEAS, the Coa mtnity Development Department found that the request for time extension is justified and recommends approval; and VUEREAS, the City Council concurs with the Carurunity Development. Department's recon iendation; NOW, THEREFORE, the City Council resolves as follows: Section-1. That Tract 1068 is granted a twelve -month time extension to August 31, 1986, subject to original tract nap conditions as specified in City Council Resolution No. 4938 (1982 Series) attached hereto. On motion of Councilwanan -Davey , seconded by Councilman-Griffin-----, and and on the following roll call vote: AYES: Cot=ilmenbers Davey, Griffin, Dunan, and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing resolution was passed and adopted this.-20th day of -August ------- , 1985. Vice -Mayor Allen K. Settle ATTEST: r City` Clerk Pamela V R 5773 Resolution No. 5773 (1985 series) Tract 1068 (Higuera. Technology Tract) Page 2 -OA. e7 City Administrative Off cer e E33Zuty S=lCpD eve- ment Director RESOLUTION NO. 4938 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1068 LOCATED AT 150 TANK FARM ROAD ' BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Tract 1068 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan and Higuera Commerce Park Specific Plan. 2. The design and improvements of the proposed subdivision are consistent with the general plan and Higuera Commerce.Park Specific Plan. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably a injure fish or wildlife or cause significant environmental impacts which cannot be mitigated to an acceptable level. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 1. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. The proposed subdivision does not cause significant adverse environmental impacts not addressed previously in the environmental impact report for the Higuera Commercie Park Specific Plan. SECTION 2. Conditions. That the approval of the tentative map for Tract 1068 be subject to the following conditions: 1. Subdivider shall dedicate street right -of -way along the South Higuera Street frontage sufficient in width to construct a 4 foot sidewalk along the east side of the Monterey cypress trees to the approval of the City Engineer. Subdivider shall install rolled curb, 5 foot bicycle lane, 4 foot sidewalk and pavement to new curb edge to the approval of the City Engineer. G`- C �. Resolution No. 4938 (1982 Series) Tract 1068 Page 2 2. Subdivider shall attempt to secure the dedication to the city of right —of —way for South Higuera Street, consistent with condition 1 above, for a distance 30 feet north of the tract boundary across the private street known as Meisner Lane. 3. Subdivided shall dedicate to the city right =of —way along Tank Farm Road frontage of the tract to a point 42 feet from centerline of said street. 4. Subdivider shall install curb, gutter, and paving to new curb face along entire Tank Farm Road frontage of the tract to the satisfaciton of the City Engineer. Installation of sidewalks along said frontage is hereby deferred subject to the subdivider signing a city standard covenant agreement to install sidewalk and street trees, when required by the City Engineer. 5. Curb alignment at the intersection of South Higuera Street is subject to modification to the satisfaction of the City Engineer. 6. Subdivider shall install sewer line in Tank Farm Road. Said line shall be oversized to accommodate possible future sewerage from Broad Street area to the satisfaction of the Public Services Director. Said sewer line shall extend in Tank Farm Road to the easterly tract boundary. 7. Subdivider shall install water mains within the tract to the approval, of the Public Services Department. Water mains to be constructed in Tank Farm Road shall extend to the easterly tract boundary. Fire hydrants shall be placed on Tank Farm Road to the easterly tract. boundary. 8. Subdivider shall dedicate to the city, vehicular access rights along South Higuera Street frontage of the tract except for driveway location shown on tentative map. Final map shall note that vehicular access along Tank Farm Road frontage of the tract is restricted as noted in the adopted Higuera Commerce Park Specific Plan. This plan should be reviewed prior to installation of any driveways. 9. Existing on =site well located on the proposed common access driveway shall be removed prior to recordation of the final map to the approval of the Chief Building Official. 10. The 60 foot wide common driveway should be aligned to provide curves and curb returns so that it could be accepted by the city as meeting city standards for public street. Subdivider shall grant to the city an offer of dedication of said driveway to be accepted at the discretaion of the City Council as a public street. Agreement shall state that the driveway will not be accepted until fully improved to city public street standards. 11. Final map shall show the extension of. common access driveway easement (60 feet wide) to the east tract boundary along the common lot line of proposed Lots 1 and 5. Subdivider shall grant to the city an offer of dedication of said driveway to be accepted at the discretion of the City Council as a public street. Agreement shall state that the driveway will not be accepted until :ally improved to city public street standards. Resolution No. 4938 (1982 Series) Tract 1068 Page 3 12. Subdivider shall contribute $3,650 to the city for the Los Osos Valley Road /Highway 101 overpass prior to final map approval. 13. Subdivider shall contribute $5,000 to the city for traffic signals at Tank Farm Road and South Higuera Street prior to final map approval. 14. Subdivider shall post "no parking" signs along Tank Farm Road and South Higuera Street to the approval of the Public Services Department. 15. Subdivider shall thin and safety prune all of the trees along the South Higuera Street frontage to the approval of the Public Services Department. No trees shall be removed except for approved common driveways or as approved by the Tree Committee staff during construction of street improvements if they are a safety hazard. 16. Subdivider shall underground all utility lines within the tract and along Tank.Farm Road and South Higuera Street. 17. Storm drainage from the site shall be conveyed to the existing storm drain in South Higuera Street adjacent_to Tract 592 to the satisfaction of the Public Services Director. 18. Subdivider shall file common access driveway agreement for all common driveways shown on the tentative map agreement, consistent with city standards for common driveways. 19. Final map shall show 15 foot yard setbacks along all common access driveways to the approval of the Community Development Director. 20. Subdivider shall remove all structures within 15 feet of dedicated Tank Farm Road right —of —way prior to final map approval. 21. Subdivider shall number all lots in the tract consistent with city approved .addressing plan, attached as Exhibit A. On motion of Councilman Dunin , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin and Dovey NOES: Councilman Settle and Mayor Billig ABSENT: None Resolution No. 4938 (1982 Series) Tract 1068 Page 4 the foregoing resolution was passed and adopted this 31stday of August 1982. ATTEST: City Clerk Pamela og APPROVED pnaad;en City Administrative ffic City Attorney Co unity De elopment Director C' Af c. L cl 0 sai� tins 0131SPO Department of Community Devolopmont goo Palm Stront/Post Oflic,! Box 321. S.", I wis 01-ISPO CA 93406 umff all srb&e M AV 'A TRACT 1065 ADDRf:5s1N& PLAN Svbd -� vi der' � /dos s �� ` -�/� /� RESOLUTION NO.5772 (1985 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING AN EASEMENT TO PACIFIC GAS & ELECTRIC COMPANY BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain document granting an easement to P.G. &E., attached hereto marked Exhibit A, and incorporated herein by reference, is hereby approved, and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall transmit one copy to P.G. &E. On motion of Councilman Dunin , seconded by _Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 20th. day of August 1985. J VICE " - YOR'. LEN KILSETTLE T_ArarF21 / l p A V , K PAMELA V OGES AYYl(UyCL: �� City /_ i str,,gtive Officer City A Public Works Director R 5772 �or�7� -0 62.3111 AFTER t -)RUING RETURN TO: FOR RECORDER'S USE ONLY PACIFIC GAS AND ELECTRIC COMPANS Land Department P. 0. Box 592 San Luis Obispo, CA 93406 Location: City /Uninc Recording Fee Documentary Transfer Tax $— ❑ Computed on Full Value of Property Conveyed. or ❑ Computed on Full Value Less Liens & Encumbrances Remaining at Time of Sale Signature of neClarant or agent determining tax CITY OF SAN LUIS OBISPO, a public body of the State of California, first party, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, second party, the right from time to time to construct, install, inspect, maintain, replace, remove and use electrical facilities of the type here- inafter specified, together with a right of way therefor, within a strip or parcel of Land or along a route as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands situate in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: (APN 04- 371 -05) The strip of Land of the uniform width of 50 feet described and designated Parcel 1 in the Final Order of Condemnation dated March 5, 1954 and recorded in Volume 748 of Official Records at page 172, San Luis Obispo County Records. Said electrical facilities shall consist of: Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and aboveground switches, fuses, terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as second party deems necessary located within said lands. In the event any of the facilities installed hereunder interfere with future operations of first party on said lands second party shall, within 90 days after receiving written notice from first party so to do, at second party's own cost and expense, remove and relocate in a location mutually agreed upon on lands owned by first party such of said facilities so interfering: provided, however, that first party at the same time grant to second party all rights second party may deem necessary to effect said relocation. Land Depa,tmenl (\ 62-3113 11 ev. 3176 - -✓ SHEET B First party shall not erect or construct any building or other structure or drill or operate any well within _____said_ lands. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF first party has executed these presents this 20th day of 198 -5 CITY OF SAN LUIS OBTSPO VICE -MAYOR ALLEN K. SETTLE �j Approved: % R. McKell District Elec. Supt. e�ttested by: ITY CLERK PAMELA VOGES Executed in the presence of: MISSION TRAIL Dwg. Nos. M- 301227 LSD L- 50788 -2 and M- 301228 GM 4449609 T30S, R12E, MDR &M - - -- — W1 rNESS Plat No. MM -32, Sec. 34, SW 1/4 of NN -32 and NN -33 SW 1/4 Prepared E 31028 T31S, R12E, MDB &M 5/20/85 Sec. 3, NW 1/4 of Checked._______ NW 1/4 FOR NOTARY'S USE ONLY STATE OF CALIFORNIA ) County of San Luis Obispo ) Ss.. On this 23rd day of August , in the year 1985 , before me, Marilyn Perry a Notary Public for the State of California, personally appeared Allen K. Settle , personally known to me (or proved to me on the basis of satisfactory evidence ) to be the person who executed this instrument as Vice -Mayor of The City of San uis ispo , a public body, and acknowledged to me that the public body executed it. OFFICIAL SEAL MARILYN PERRY Notary Public California c Principal Office In I. San Luis ObispoCOuOty 2� /�L�� /�.•L�,C'(/' My Comm. Exp. Aug. 12, 1987 Notary Public for the State o alifornia c' r. EXHMT A EASEMENT TO PG a E A LAKE c. al rl �� ,.,� _ �: Y'� -�'�L RESOLUTION NO. 5771 (1985 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PROPOSAL OF MID -COAST WELDING, INCORPORATED FOR A CREDIT PURCHASE OF THE SURPLUS CITY PROPERTY LOCATED AT 642 EMILY STREET WHEREAS the council of the City of San Luis Obispo has declared the city property at 642 Emily Street to be surplus, and WHEREAS the city clerk advertised for sealed purchase proposals but received no such proposals before the deadline established, and WHEREAS public works and administration staff received several unsolicited purchase proposals after the deadline for sealed proposals had passed, and WHEREAS staff has compared, the unsolicited proposals and recommended one which is most financially advantageous to the city, NOW THEREFORE BE IT RESOLVED by the council of the City of San Luis Obispo to: 1. accept the proposal of Mid -Coast Welding, Incorporated for a credit purchase of the surplus city property located at 642 Emily Street according to the terms specified in the proposal letter submitted, and 2. direct the public works director and the city attorney to prepare all documents required and administer the city's obligations before the close of escrow, and 3. authorize the mayor to execute all documents, including notes and deeds, required to consummate the sale and transfer the property, and 4. direct the finance director to refund the deposits of the parties who submitted unsuccessful proposals. On motion of Councilman Dunin , seconded by and on the following roll call vote: Councilman Griffin AYES: Councilmembers Dunin, Griffin, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing resolution was passed and adopted this .20th day of August , 1985. R 5771 Resolution No. 5771 (1985 Series) page two ATTEST: CITY CLERK PAMELA VO S APPROVED: v CitrAdmlnfdtrgfive Officer 7 U CB .J4Q +YOH�ALL N Kt LSET;TLE s s s s s Z2� Public works Director Fi n p1 c, (D ? :1 7, TA 0 7. lllI - -,C: ti r, RESOLUTION NO.5770 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A CONTRACT FOR A PARKING STUDY BETWEEN THE CITY AND IBI GROUP WHEREAS, the City of San Luis Obispo has determined that a parking study is needed to determine the best method of satisfying a deficiency in parking space in the central business district, and WHEREAS, IBI Group is a Consulting firm qualified to do this work, and WHEREAS, the City has followed established procedures for contracting for professional services, NOW THEREFORE BE IT RESOLVED that the Council hereby authorizes the Mayor to sign a contract with IBI Group. On motion of Councilman Dunin seconded by Councilman Griffin and on the following roll call vote: 'AYES: Councilmembers Dunin, Griffin, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 20th, day of August , 1985. VICE MAYOR L N K. SETTLE ATTEST: 5 CITY CLERK PAMELA GES R 5770 J Resolution No. 5770 (1985 Series) Page 2. APPROVED: City Administra ive dfficeF p 4p Pd -= Public orks Director City Engineer �T� G O e, rl,k7 Roog ol-D CONSULTANT SERVICE AGREEMENT This agreement, made this 20th day of August , 1985, by and between the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City "), and IBI GROUP, A CALIFORNIA CORPORATION (hereinafter referred to as "Consultant "). WITNESSETH: WHEREAS, City desires to retain certain services in conjunction with the DEVELOPMENT OF PARKING IN THE CENTRAL BUSINESS AREA. The services being provided by this consultant under this contract are for the analysis and recommendation of parking alternatives, development of financing policy, management plans, and preparation of preliminary concept designs and cost estimates for one or two sites for a parking deck within the central business district. WHEREAS, City desires to engage Consultant to provide services described in Attachment A 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 in Exhibits "A" and "B" attached hereto. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: A Consultant Service- Agreement Page 2 1. PROJECT COORDINATION a. City. The Director of Public Works shall be the representative of the city for all purposes under this agreement. The director, or his designated representative, hereby is designated as the Project Manager for the City. He shall supervise the progress and execution of the project under 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. Alistair Baillie is hereby designated as the Project Manager for 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 director. Consultant's Project Team is further described in Exhibit "C" attached hereto and incorporated herein by this reference. The individuals identified and the positions held as described in Exhibit "C" shall not be changed except by prior written approval of City. Such approval shall not be unreasonably withheld by the City. 2. DUTIES OF CONSULTANT a. Services to be furnished. Consultant shall provide all specified services as set forth in Exhibit "A" and "B" attached hereto and incorporated herein by this reference. V Consultant Service Agreement Page 3 b. Laws to be observed. Consultant shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental 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 shall not be made available to any individual or ti Consultant Service Agreement Page 4 organization by Consultant without the prior written approval of the City's Project Manager. The Consultant shall be allowed, for promotional purposes, to make known the nature of the assignment in a general statement. 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. 3. DUTIES OF CITY City agrees to cooperate with consultant and to provide such information as it has available. 4. COMPENSATION The Consultant will perform the work in phases as described in Exhibit "A". Consultant will bill City as provided for in consultant's fee scheduled as described in Exhibit "B" attached hereto. City will pay this bill within 30 days of receipt. The Consultant may not charge more than the amount shown in Exhibit "B" without prior approval of the City's Project Manager. Consultant Service.: Agreement Page 5 5. TIME FOR COMPLETION OF THE.WORK Project scheduling shall follow the attached chart (Exhibit "B ") unless revisions to the chart are approved by the City's Project Manager. Time extensions may be allowed for delays caused by City, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the Consultant. 6. TEMPORARY SUSPENSION The Public Works Director shall have the authority to suspend the project under this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this agreement. Consultant will be paid the compensation due and payable to the date of.temporary suspension. In the event of a temporary suspension of more than two months, the Consultant may be permitted to renegotiate the fee to account for inflation. 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 ��1 Consultant Service Agreement Page 6 benefit to City, and which should take into account the work completed up to the date of termination. 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, except as per paragraph #9 following. 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. INSPECTION Consultant shall furnish city with every reasonable opportunity for City to ascertain that the services of Consultant are being performed 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. 1 �y Consultant Service Agreement Page 7 9. OWNERSHIP OF MATERIALS All original drawings, plan 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. The consultant may retain a reproducable copy for their records. I 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 economic and planning assessment services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may.employ other specialists to perform special services as required with prior approval by the City. It is understood by the City that the Consultant shall retain the services of Read, Jones, Christofferson as a consultant. 12. NOTICE All notices hereinunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addresses as follows: Consultant - Service. Agreement Page 8 To City: City Clerk's Office - City of San Luis Obispo 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403 -8100 ATTN: Pamela •Voges; CMC To Consultant: IBI GROUP 2865 East Coast Highway, #303 Corona del Mar, CA 92625 ATTN: Alistair Baillie 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 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: Consultant Service Agreement Page 9 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 Consultant Service Agreement Page 10 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 risks, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for 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 provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 16. INSURANCE At the request of the City, Consultant shall provide proof of comprehensive general liability insurance ($500,000) (including automobile) and professional liability insurance ($250,000) satisfactory to the City. City shall be an additional named insured. V�� Consultant Service- Agreement Page 11 17. AGREEMENT BINDING The terms, covenants, 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 or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 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 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 or sex of such person. O Consultant Service- Agreement Page 12 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. Thereupon, City shall have the power to cancel or suspend 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 his paragraph. 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 material breach of the agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which Consultant is found to have been in such noncompliance as damages for said breach of contract, or both. LOA Consultant Service Agreement Page 13 21. AGREEMENT CONTAINS ALL 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 WITNESS WHEREOF, City and Consultant have executed this agreement on the day and year first above written. IBI GROUP,�L3it� By CITY OF SAN LUIS OBISPO VICE -MAYOR ALLEN K. SETTLE CLERK PAMELA V[0 ES C CITY OF SAN LUIS OBISPO ATTACHMENT A Specifications for Proposals to Study the Feasibility of Decking Downtown Parking Lots - June 1985 I. CONSULTANT QUALIFICATIONS Consultant firm engaged for this study must have a significant amount of experience in the placement, sizing and design of parking facilities. The firm must have a consultant team qualified in parking structure financing, design, construction operation, and maintenance. The team must demonstrate to the staff panel through the written proposal and interview an understanding of the city's concern for a structure of practical and aesthetic design - -one appropriate to our community. It is extremely important that the firm have the capacity to complete this study within the time frame specified and for the amount agreed upon in the consultant contract. II. STUDY OVERVIEW The city believes that additional downtown parking is a critical need. A multilevel structure, if properly located and designed, could best meet that need. Four sites are to be considered. Site (1) described below appears to staff to be a good location for such a structure. During the first phase of this study the consultant is to evaluate each site and provide the city with data, pros and cons, etc. that will either confirm site (1) as the site of choice, or that another site is better, or that site (1) and one of the other sites should both be considered in more detail. The second phase of the study involves the development of detailed concept studies for the recommended site or sites. During this phase the consultant will provide firm cost estimates for property acquisition, financing, construction, and operation and maintenance.. The firm will be asked to evaluate and base independdnt recommendations on data gathered in past studies, its observations and experience, and interviews with consumers, county and city representatives, and business people and property owners. The entire study must be completed within 12.0 calendar days, not including time the study is held for review by the city.. �1 i I i III. STUDY COMPONENTS Phase I During the first phase of the study each specified site shall be evaluated by the consultant who shall prepare conclusions and recommendations as to the feasibility and benefits of constructing and maintaining a parking facility on each site. The sites listed below need not be limited in specific area - -that is to say additional land acquisition may be judged necessary and if so that need should be recommended as a part of the study. Sites to be evaluated: (1) Parking Lot #1 (West corner Palm & Morro) (2) Parking Lot #4 (North side of Pacific between Morro & Chorro) (3) Parking Lot #2 (Northerly of the Broad & Marsh. St. intersection) (4) Westerly portion of block bounded by Morro, Osos, Monterey and Palm. This site would be behind the proposed library on Osos Street and the buildings fronting Monterey Street. Site evaluation shall include the following,: (1) Current city regulations and policy (2) Past parking studies and proposals (3) Land use (4) Impacts on the downtown (beneficial and otherwise) (5) Impacts on neighborhood (6) Impacts on circulation (traffic and pedestrian) (7) Maintenance and operation costs (8) Income generation (9) Land acquisition and construction costs (10) Practicalities of City financing construction /operation (include alternate financing methods and private sector participation) (11) Potential for future use i� n 11�D (12) Use-r profile, i.e., public agency employees, downtown employee, shopper, visitors, etc. (13) Methods of operation, i.e., meters, gate /attendant, free, etc. Products of Phase I shall include: (1) A written report presented to the City Council by Consultant recommending in priority order where structural parking would be most feasible and beneficial. Conclusions and recommendations must be supported by analysis in the report. (2) A separate written report shall be presented to the Council at the same time listing financing options which may be open to the City for constructing a parking structure, together with estimates of the maximum financial capability the City could prudently manage within parameters. Potential for private developer involvement should also be discussed. Consultant shall submit each report in draft form to staff prior to presentation to the Council. Staff's questions must be addressed to their satisfaction prior to the preparation of final documents and their presentation to the City Council Presentation of the final document shall be made by the Consultant during a City Council study session. Phase II During the second phase of this study the consultant shall prepare preliminary concept designs and cost estimates on one or two of the sites studied in phase I. The sites and design parameters for this phase of the study will be chosen by the City Council Work in Phase II shall be undertaken after consultation with designated Community Development Department staff to insure that Architectural Review Commission, Building, Zoning codes and environmental concerns are met. Product for Phase II The written report for this phase shall include preliminary floor plans, elevations, sections, cost estimates, operation. and maintenance estimates and a recommended operational system. This report shall be reviewed and presented to Council in the same manner as the Phase I reports. ( ") Study Approach � D EXHIBIT "A" To meet the scope of the study which has been outlined in the request for the proposal, we propose a study that will consist of two major phases, as follows: Phase I - Feasibility Analysis Phase II - Design Analysis PHASE I - FEASIBILITY ANALYSIS The purpose of this phase of the study will be to evaluate each specified site, and prepare conclusions and recommendations as to the feasibility and benefits of constructing and maintaining a parking facility on each of the four sites. The feasibility analysis will be derived from the following tasks: 1.1 Examine current regu- lations and policies. This task will involve examining the city's existing current regulations and parking policies as they relate to the design, maintenance., policing, and finances of parking facilities. We understand that developments within downtown are required to supply parking at 50% of the normal rate. Notwithstanding, this requirement has been waived for recent developments and an agreement obtained for developers to participate in the future parking needs of the city. 1..2 Examini ture P The purpose of this task will be to examine the past . parking studies and proposals for the downtown. This will include the,1977 Wilbur Smith study. Based upon our experience in studying the parking characteristics of different types of commercial land uses and the information obtainable from past studies and proposals, we will provide an estimation of the peak period, long -term and short -term parking demand for the downtown on a block -by -block basis. In this way, an in -depth understanding of the existing parking supply- demand relationships on a block basis will be obtained, including an identification of those blocks where either an oversupply or under- supply of parking presently exists. This analysis will enable an assessment to be made as to the degree to which a parking structure or structures in any location can satisfy the parking deficiency. el o 0 1.3 Interview Interested Parties In this task we propose interviewing a number of interested parties to ensure that all concerns and viewpoints regarding parking have been expressed and taken into account in the development of the alternatives. Parties interviewed will include: - county and city representatives, - members of the Chamber of Commerce, - property owners 1.4 Develop the Parking Alternatives for Each Site. This task will involve determi'ni'ng the most appropriate parking structure which could be located on the four sites to be evaluated, namely: • Parking lot No. 1 (west corner of Palm and Morrow) • Parking lot No. 4 (north side of Pacific between Morrow and Chorro) • Parking lot no. 2 (northerly of Broad and Marsh Streets intersection) • Westerly portion of block bounded by Morrow, Osos, Monterey and Palm. We understand that the above need not be limited in this specific area, and that if appropriate, additional land acquisition may be judged necessary. The structured alternative on each site would be expressed in terms of: • site area; • number of spaces; • number of levels; • access /egress requirements; • additional land acquisition requirements; • joint use potential in relation to the land uses on adjacent city blocks; • critical design issues, focusing on each site and its particular context: • expansion possibilities, if any: • impact of this building bulk on the adjacent blocks; • pedestrian circulation, especially important in the downtown context \11 1 5 Develop Financing Policy and Management Plans At present, parking is managed by various cit departments. This task will examine: • the financing options available to the city including estimates of the maximum financial capability which the city might manage; • modifications, if appropriate, to the provisions of.the existing parking by -law; • the role of the city and the private sector in the continuing provision of off- street parking Financing the Plan - The issue of who pays and who benefits will be examined in this task. There is a .limit to the extent that increasingly expensive off - street parking can be subsidized by on- street revenues. The feasibility and financial impact of benefit assessments, where a portion of the capital cost of the structure is assigned to benefitting land uses; development levys where navmante-in - lieu of providing parking spaces are donated to the city; and the application of a parking exempt area in downtown will be examined as part of this task. The result of this task will include projections of the capital and operating costs'and revenues over the next ten years. Policy - If alternative arrangements for the financing and management of future parking emerge from the study, an outline of the appropriate policies to implement these changes will be identified, Management -.We will also examine the alternative roles for the city of San Luis Obispo in the provision of the preferred structured parking facility. These roles could include one or a combination of the following: • the status quo, that is maintaining the responsibility of providing parking by the various city departments, • the creation of an independent parking authority, which would be financially autonomous and would report from time to time to city council; • a withdrawal of the city (completely or partly) from the provision of off - street parking. This structure would then be leased and possibly subsidized to the private sector. �4 In summary, the results of task 1.5 will provide a comprehensive set of options regarding financing, policy and management of the parking structure. 1.6 Evaluate Supply Alternatives In this task we will evaluate the parking structure alternatives developed in Task 1.4 on the four sites in accordance with the following criteria: • degree of demand satisfaction; • impacts on road circulation; • impacts on pedestrian circulation; • circulation of service and emergency vehicles; e impacts on immediate surroundings (both positive and negative); • anticipated costs and revenues; • land acquisition requirements; • physical intrusion on the downtown (aesthetic and functional); • other factors, identified dur -ing the course of the study This evaluation will be a mathematical weighting with descriptive material explaining the underlying logic. This methodology allows large groups of assessors to come to an agreement concerning the importance of various factors, and the relative performance rating of each alternative. Evaluation will be conducted by the consultant by review and comment by staff. The stai=f may wish to undertake an independent evaluation prior to the selection of the preferred alternative. 1.7 Recommendations In this task we will summarize the result of the study in two reports. The first report will recommend in priority order where a structured parking facility would be most feasible together with the associated benefits. �i PHASE.II - DESIGN ANALYSIS A second report will also be presented to the city which will outline the financing, policy and management options open to the city together with estimates of the maximum financial capability of the city to manage a structured parking facility. Each of these two reports will be submitted to staff in draft form prior to the presentation to the city council. We will present the final document after review by city staff to the city.council during a study session. The purpose of this phase of the study would be to produce preliminary concept designs and cost estimates for the building prepared by outside consultants that we would engage working with us. This work will be undertaken in three distinct steps. These are as follows: Conce Following--a conclusion of the Phase 'I work "and the adoption of one or two possible sites we would undertake work to produce preliminary concepts for the parking structure on those sites. Clearly, attention will be paid to the functional workings of the garage including such items as stall configuration, 'traffic pattern through the parking garage, systems of exiting and their impact on traffic circulation within the garage and on adjacent streets• and structural systems. However, since this parking garage will be constructed in a downtown context, major concern of this design phase will be how this integrates into the urban fabric of the city. The drawings would be produced to show recommendations on how the building skin should be treated. Investigation will be made as to the possibilities of screening the structure with buildings, landscaping and other such devices to mitigate against the intrusion of such a structure into the city. C Specifically, the following drawings will be produced for each site: -floor plans for each floor. at 1/8 " =1'; - building sections at 1/8 " =11; - detailed wall sections, where applicable at - 1/4 " =11. or larger scale of appropriate; - perspective sketch showing elevational treatment, and how the building is incorporated into the urban fabric. 2.2 Prepare Cost Estimates IBI would engage a cost consultant who meets the approval of the city to undertake this portion of the work. IBI has worked with such consultants as Hanscomb and Associates, who are cost consultant specialists who would prepare detailed breakdowns as to the quantities of materials and their anticipated costs at a level commensurate with the schematic concept drawings. 2.3 Detail Recommended Financing, Policy and Management Plan The above mentioned steps will detail the recommended approach to the parking structure from the physical standpoint. During this step of the work we would detail the recommendation as to the financing, policy and management plan for this structure. W J O W V N H g r N m N 1 r � Y co J D � le W O W O Y rV nZ.. O Y Q d J; EXHIBIT B dik -A r 0 M N rr O a\ N Y w co t\ 10 N d .N.. v L s t co d d V N �0 LL d C p VI O p 0 •° a� ¢ m E cu N mm L N N L O: r dr C E p �+ d in OEOF X m L'.IN dJ N i0. L OU N V W V 3 il' LL= y d U w C Y d t m cu C .•. d' m N _ N Ol m G U n C d n O O W Y E. W Ep O } u E E �c d d d v1 W n io •� 3 z A i0 L. M > L > V N V Q > d N.- W O S X 'X N C w 0 d C > W 2 W n W W d d O W Q H z d .•y N M V. � .p n .-. N M 6 W O . N N N K V~I d 0 •J t 3. H (U E •r N C Y t0 N Y Q Y N F N M t6 11 L" +� O L C U S O O F— GJ Q N Q— O a +.L J O Q GJ U a cu H Ot O .. C > C' •� C1 U 3� O L N vl� EXHIBIT B (Continued) CITY OF SAN LUIS OBISPO 0 PARKING DECK STUDY - BILLING SCHEDULE End Of 1st Month $19,000 2nd Month $ 5,000 3rd Month $ 6,000 4th Month $10,000 $40,000 .IBI PROFESSIONAL STAFF CHARGE OUT RATES Managing Director $120.00 Directors $100.00 Senior Associates $ 70.00 Intermediate Associates $ 55.00 Junior Associates $ 50.00 Senior Professional V $ 60.00/$50.00 Senior Professional IV $ 50.00 Senior Professional I.II $ 45.00 Senior Professional II $ 40.00 Senior Professional I $ 35.00 Professional III $ 30.00 Professional II $ 25.00 Professional I $ 20.00 Support Staff /Clerical II $ 25.00 Support Staff /Clerical I $ 20.00 i CITY OF SAN LUIS OBISPO PARKING DECK STUDY ESTIMATED BUDGET BY STUDY TASK ❑1 EXHIBIT B MO TASK ESTIMATED BUDGET 1.1 Examine. Current Regulations & Policies $ 1,000 1.2 Examining Existing and Future Parking Supply /Demand Relationships 1,500 1.3 Interview Interested Parties 1,500 1.4 Develop the Parking Alternatives for Each 10,000 Site 1.5 Develop Financing Policy and Management Plans 3,000 1.6 Evaluate Supply Alternatives 39000 1.7 Recommendations 2,000 Total Phase I $22,000 2.1 Develop Preliminary Concept Designs for Recommended Site /Sites $10,000 2.2 Prepare Cost Estimates 39000 2.3 Detail Recommended Financing, Policy and Management Plan 11000 Total Phase II $14,000 Total Phases I & II $36,000 Estimated Expenses (10X) $ 4,000 Total Budget $40,000 C EXHIBIT C PROJECT TEAM CITY ENGINEER NAYNE PETERSON PROJECT MANAGER ALISTAIR BAILLIE IBI ALISTABIR BAILLIE I I PAUIBIAJFEN I I NEALEE GEORGE ,) 1.1 Examine Existing 1.4 Develop the 1.4 Develop the Regulations & Parking Alterna- Parking Policies tives for Each Alternatives 1.2 Examine Existing Site for Each Site & Future Parking 1.6 Evaluate Supply 1.6 Evaluate Supply Supply Demand Alternatives Alternatives Relationships 2.1 Develop Pre- 2.1 Develop Pre - 1.3 Interview liminary Concept liminary Concept Interested Parties Designs Designs 1.5 Develop Financing 2.2 Prepare Cost Policy & Management Estimates Plans 1.6 Evaluate Supply Alternatives 1.7 Recommendations 2.3 Detail Recommended Financing Policy &Management Plan PHILIP BEINHAKER IBI 1.5 Develop Financing Policy & Management Plans 2.3 Detail Recommended Financing Policy & Management Plan 0 RESOLUTION N0. 5769 (1985Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TRANSFERRING UNAPPROPRIATED SALES TAX FUNDS TO PROJECT ACCOUNT BE IT RESOLVED by the Council of the City of San 1uis Obispo as follows: SECTION 1. Appropriate $6,000 from the Transportation Development Act - Local Transportation Fund unappropriated balance to Project Account No. 879 -9048 -080 -850. On motion of Councilman Dunin , seconded by and on the following roll call vote: Councilman Griffin AYES: Councilmembers Dunin, Griffin, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 20th. day of August 1985. ATTEST: CI�Y CLERg PAMELA OGE S iy VICE-MAYOR ALLEN K. SETTLE M M M M A M M It R 5769 Resolution No. 5769 (1985 Series) Page 2. k�i3a�lva+�� Z&41-ze City AMigIstrative Officer City Atto • ey LEn � (City in eer 40 ;�, �/� �i�a�e� . �s � " t RESOLUTION No. 5768 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A CONTRACT FOR ENGINEERING SERVICES_ BETWEEN THE CITY AND CH2M HILL CALIFORNIA FOR THE PREPARATION OF CONSTRUCTION PLANS FOR WIDENING MADONNA ROAD WHEREAS, the City of San.Luis Obispo has determined that Madonna Road between San Luis Creek and E1 Mercado must be widened, and WHEREAS CH2M Hill California is a Consulting Engineering firm qualified to do this work, and WHEREAS the City has followed established procedures for contracting for professional services, NOW THEREFORE BE IT RESOLVED that the Council hereby authorizes the Mayor to sign the contract with CH2M Hill California and the Public Works Director to. negotiate and approve each work task to be performed by CH2M Hill California under the terms and conditions of the Contract. On motion of Councilman Dunin , seconded by Councilman Griffin . and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 20th. day of August 1985. VICE- MAYOR ALLEN K. SETTLE ATTEST: CITY CLER% PMELA V R5768 Resolution No. 5768 (1985 Series) Page 2. APPROVED: 0&4 47-0, CAyNdpAnistrative officer City Att ney Finance Direc r Public Works Director L. 22� City Engineer WAP2 /ch2mhill by 0 �i t7eero O 0 AGREEMENT FOR ENGINEERING SERVICES FOR MADONNA ROAD WIDENING PROJECT THIS AGREEMENT is made and entered into this 20th. day of August 1985, by and between the CITY OF SAN LUIS OBISPO, a municipal California corporation (hereinafter referred to as "CITY "), and CH2M HILL CALIFORNIA, INC., a California corporation (hereinafter referred to as "CONSULTANT "). W I T N E S S E T H: WHEREAS, the CITY requires engineering services to prepare detailed plans, specifications, and cost estimate for the widening of Madonna Road from El Mercado Avenue to San Luis Obispo Creek; and WHEREAS the CONSULTANT is duly licensed as a registered Professional Engineer in the State of California, is qualified and experienced to provide such services, and has the personnel and facilities necessary to accomplish the work within the required time. NOW, THEREFORE, in consideration of the mutual covenants, AGREEMENTS and conditions contained herein, CITY and CONSULTANT agree as follows: ARTICLE 1: PROJECT COORDINATION. The Director of Public Works shall be the representative of the CITY for all purposes under this AGREEMENT. The director, or his designated representative, hereby is designated as the Project Manager for the CITY. He shall supervise the progress and execution of this AGREEMENT. 1 ARTICLE 2: CONSULTANT'S SERVICES. The CONSULTANT shall perform professional services required by the CITY upon receipt of a fully executed TASK ORDER from the CITY. Each TASK ORDER shall list the scope of services to be performed, state the time within which the work is to be completed, delineate any special conditions, and authorize the CONSULTANT to proceed. It is agreed between the parties to this AGREEMENT that the CONSULTANT cannot be responsible for delays occasioned by factors beyond its control, nor by factors which could not reasonably have been foreseen at the time the AGREEMENT.was prepared. CONSULTANT shall assign a single Project Manager to have overall responsibility for the progress and execution of this AGREEMENT for CONSULTANT. Tom Cutting is hereby designated as the Project Manager for 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 Director of Public Works. CONSULTANT's Project Team is further described in Exhibit "C" attached hereto and incorporated herein by this reference. The individuals identified and the positions held as described in Exhibit "C" shall not be changed except by prior approval of CITY. ARTICLE 3: COMPENSATION AND PAYMENT FOR SERVICES. As consideration for providing the services under ARTICLE 2, the CITY shall compensate the CONSULTANT on the basis of Labor and Expenses to a Cost Ceiling established for each TASK ORDER (Exhibit H). A. Labor and Expenses. For TASK ORDERS which specify compensation on the basis of Labor and Expenses the CITY shall pay the CONSULTANT the 2 amount of the CONSULTANT'S salary costs (Exhibit C) expended for each service, times a multiplier for general overhead and profit, plus direct expenses in connection therewith for the services listed in the TASK ORDER. Each.TASK ORDER must include a Not to Exceed Cost Ceiling. Except as otherwise specified herein, the total payment for each service shall not exceed the Cost Ceiling listed in the TASK ORDER, without a formal amendment of the TASK ORDER. Progress payments are to be made for the amount due for each service rendered during the monthly billing period based on salary costs expended times a multiplier, plus direct expenses. Payment is to be made within 30 daps after date of billing. B. Other Compensation. In the event of any legal or other controversy requiring the services of the CONSULTANT in providing expert testimony in connection with the PROJECT, except.for any actions brought by one party to this AGREEMENT against the other, and except suits of claims by third parties against the CITY arising out of errors or omissions of the CONSULTANT, the CITY shall pay the CONSULTANT for services rendered in regard to such legal or other controversy, including costs of preparation for the controversy, on a basis to be negotiated. C. Definitions. t. CONSULTANT'S salary costs are the amount of the direct wages and salaries of the CONSULTANT'S employees working on the PROJECT (Exhibit C), plus a percentage of such wages or salaries to cover all taxes, payments, and premiums measured by or applicable at the time of performance to such wages or salaries, such as, but not limited to, Worker's Compensation Insurance, Social Security, State and Federal unemployment insurance, pension plan costs, and pro rata allowances for vacation, sick leave, and holiday pay. 3 2. CONSULTANT'S general overhead costs are those general administrative costs, exclusive of salary cost overheads, that are incurred by the CONSULTANT during the period of performance of the services. The multiplier to cover the CONSULTANT'S general overhead costs and profit shall be 2.20 or as indicated in the TASK ORDER. 3. CONSULTANT'S direct expenses are the costs incurred on or directly for the PROJECT, other than the salary costs and general overhead costs (as defined hereinbefore). Direct expenses shall mean all expenses incurred by the CONSULTANT including, but not limited to, materials, supplies, subsistence, transportation, outside services, and equipment rental expenses incurred by the CONSULTANT incidental to and reasonably necessary for the performance of the work. Fees for subconsultant services shall be charged at CONSULTANT'S cost plus 5 percent for administration. Certain direct expenses shall be charged in accordance with the CONSULTANT'S Standard Schedule of Rates and Changes applicable at the time of invoicing.. ARTICLE 4: AVAILABILITY OF DATA. The CITY shall make available to the CONSULTANT all technical data in the CITY'S possession, including maps, reports, drawings, surveys, borings, and other information required by the CONSULTANT relating to this work. A. 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 shall not be made available to any individual or organization by CONSULTANT without the prior written approval of the CITY's Project Manager. B. Copies of reports and.information. If CITY requests additional copies of reports, drawings, specifications, or any other material in 4 0 0 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. ARTICL$.5: PROFESSIONAL STANDARDS. CONSULTANTS shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in CITY'S geographical area, for the professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this AGREEMENT. CONSULTANT makes no other warranty, express or implied. ARTICLE 6: SOILS WORK In soils investigation work and in determining subsurface conditions for the PROJECT, it is understood that soil characteristics may vary greatly between successive test points and sample intervals. The CONSULTANT will perform this work in accordance with generally accepted soils engineering practices and shall use this information to the same extent as would any independent engineer in making its recommendations to the CITY on the PROJECT, and makes no other warranty, express or implied. ARTICLE 7: COST ESTIMATES. The estimates of cost for the PROJECT provided for herein are to be prepared by the CONSULTANT through exercise of its experience and judgement in applying presently available cost data, but it is recognized that CONSULTANT has no control over cost of labor and materials, or over competitive bidding procedures and market conditions, so that it cannot warrant that the project construction costs will not vary from its cost estimates. L1 ARTICLE S. TEMPORARY SUSPENSION. The Project Manager shall have the authority to suspend this AGREE WT wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONSULTANT to perform any provision of this AGREEMENT. CONSULTANT will be paid the compensation due and parable to the date of temporary suspension. ARTICLE 9: TERMINATION. This AGREEMENT may be terminated: A. In whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this AGREEMENT through no fault of the terminating party. B. In whole or in part by the CITY for good cause. Good cause shall include, but not be limited to, legal or financial reasons; major changes in the work or project requirements; initiation of new steps in the project, or dissatisfaction with CONSULTANT'S performance. Termination of the AGREEMENT shall be effective ten (10) calendar days following the notice of transmittal of termination in writing by certified mail, return receipt requested to the other party. Upon receipt of a notice of termination CONSULTANT shall promptly cease work on the project (unless the notice directs otherwise) and cancel services or products which CONSULTANT had ordered in accordance with this AGREEMENT. CONSULTANT shall be compensated for all work performed prior to time of receipt of notice of termination, and shall be compensated for materials ordered by the CONSULTANT or its employees, or services of others ordered by the CONSULTANT or its employees prior to receipt of notice of termination whether or not such materials or final instruments of services of others have actually been delivered, provided that CONSULTANT is not able to cancel such orders for materials or services of 9 0 others. However, if this AGREED NT 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. CITY shall compensate CONSULTANT in the event of termination based upon the amounts established by this AGREEMENT and attachments hereto. Where the provisions of this AGREEMENT cannot be applied, the payment shall be based upon a reasonable estimated percentage of the work completed. In the event of termination, CONSULTANT shall deliver or otherwise make available to CITY all data, drawings, specifications, reports, estimates, summaries, and other such information and materials as may have been accumulated by CONSULTANT in performing this AGREEMENT, whether completed or in progress. Upon termination pursuant to this article, CITY may take over the work and prosecute the same to completion by AGREEMENT with another party or otherwise. Any work taken over by CITY for completion by CITY will be completed at CITY's risk and CITY will hold CONSULTANT harmless from all claims and damage arising out of improper use of CONSULTANT's work. ARTICLE 10: OWNERSHIP. OF DOCUMENTS. All maps, designs, reports, work, data, and other documents completed or partially completed by CONSULTANT in the performance of this AGREEMENT shall become the property of CITY. Any reuse of documents by CITY for purposes other than intended by this PROJECT will be at CITY's risk and CITY will hold CONSULTANT harmless from all claims and damage arising out of reuse of CONSULTANT's work. 7 r ARTICLE 11: INSPECTION. CONSULTANT shall furnish CITY with reasonable opportunity for CITY to ascertain that the services of CONSULTANT are being performed 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. ARTICLE 12: INDEPENDENT CONTRACTOR. CONSULTANT is an independent contractor retained by the CITY to perform the work described herein. All personnel employed by the CONSULTANT, including subcontractors and personnel of said subcontractors approved by the CITY, are not and shall not be deemed to be employees of the CITY. The CONSULTANT and approved subcontractors shall comply with all State and Federal laws pertaining to employment and compensation of their employees or agents, including the provisions of Worker's Compensation. The CITY shall not, under any circumstances, be liable to CONSULTANT or any person or persons acting for CONSULTANT for any death, injury, or property destruction or damage received or claimed relating to or stemming from the activities undertaken pursuant to the AGREEMENT. ARTICLE 13: ASSIGNMENT. CITY is entering into this AGREEMENT in consideration of the rendition of services required herein by CONSULTANT. CONSULTANT shall not assign any of the duties, responsibilities, or obligations of this AGREEMENT to any other firm, company, entity. or individual, except with the express written consent of CITY, and then only upon such terms and conditions as CITY may set forth in writing. Nothing set forth in this paragraph shall preclude CONSULTANT from assigning any of the money due and owing to it from CITY. 8 i ARTICLE 14: 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 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. ARTICLE 15: INDEMNIFICATION. CONSULTANT shall defend, indemnify, and hold harmless, the CITY and its officers, agents and employees from and against all claims, losses, damage, injury, and liability for damages arising from negligent acts, errors or omissions of the CONSULTANT in the performance of its services under this AGREEMENT. This indemnification shall extend for a reasonable period of time after completion of the project as well as during the period of actual performance of services under this AGREEMENT. Acceptance of the insurance certificates required under this AGREEMENT does not relieve the CONSULTANT from liability under this indemnity and hold harmless clause. Y ARTICLE 16: INSURANCE. During the term of this AGREEMENT, CONSULTANT shall maintain in full force and effect at its own cost and expense, the following coverage: A. Worker's Compensation Insurance. Full Worker's Compensation Insurance shall be provided with a limit of at least $100,000 for any one person. 9 O n B. General Liability and Bodily Injury Insurance. CONSULTANT shall obtain and keep in full force and effect, a comprehensive, general liability policy for at least $500,000 combined limit for bodily injury and property damage; provided that the CITY its officers, employees, and agents are to be named additional insureds under the policy, and that the policy shall stipulate that this insurance will operate as primary insurance for work performed by CONSULTANT and its subconsultants, and that no other insurance effected by CITY or other names insureds will be called on to cover a loss covered thereunder. Said policy may contain an exception for bodily injury and property damage claims arising out of the rendering or failure to render professional services by such CONSULTANT, including: 1. The preparation of maps, drawings, reports, surveys, change orders, designs, or specifications; and 2. Supervisory inspection, surveying or engineering services. C. Professional Liability Insurance. CONSULTANT shall carry professional liability insurance to the amount of $1,000,000. D. Certificate of Insurance. CONSULTANT shall complete and file with the CITY's Department of Finance, within fifteen (15) days of the execution of the AGREEMENT, and prior to engaging in any operation or activity set forth in this AGREEMENT, certificates of insurance which shall provide that no cancellation, major change in coverage, or expiration by the insurance company will be made during the term of this AGREEMENT, without thirty (30) days written notice to CITY prior to the effective date of such cancellation, or change in coverage. ARTICLE 17: NOTICES. All notice herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows: 10 J TO CITY: David F. Romero Director of Public Works City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -8100 TO CONSULTANT: Thomas R. Cutting CH2M HILL 1710 Zanker Road, Suite 102 San Jose, CA 95112 ARTICLE 18: CONFORMANCE TO APPLICABLE LAWS. CONSULTANT shall comply with all applicable, Federal, State, and municipal laws, rules, and ordinances. No discrimination shall be made by CONSULTANT in the employment of persons to work under this AGREEMENT because of race, color, national origin, ancestry, sex or religion of such person. CONSULTANT shall comply with provisions of CITY's Affirmative Action Contract Compliance Program. ARTICLE 19: WAIVER. In the event that either CITY or CONSULTANT shall at any time or times waive any breach of this AGREEMENT by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this AGREEMENT by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this AGREEMENT, whether of the same or any other covenant, condition or obligation. ARTICLE 20: ATTORNEY'S FEES. The prevailing party in any action brought to enforce or construe the terms of this AGREEMENT may recover from the other party its reasonable costs and attorney's fees expended in connection with such an action. ARTICLE 21: BINDING ON SUCCESSORS. This AGREEMENT is binding on the heirs, successors, and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. 11 ARTICLE 22: AMENDMENT. This AGREEMENT may be amended, modified, or changed by the parties provided that said amendment, modification, or change is in writing and approved by both parties. ARTICLE 23: DISCRIMINATION. No discrimination shall be made in the employment of persons under this AGREEMENT because of the race, color, national origin, ancestry, religion or sex of such person. 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. Thereupon, CITY shall have the power to cancel or suspend this AGREEMENT, in whole or in part, or to deduct from the amount payable to CONSULTANT the sum of Twenty -five Dollars ($25.00) 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 his paragraph. 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 material breach of the AGREEMENT. Thereupon CITY shall have the power to cancel or suspend this AGREEMENT, in whole or in part, or to deduct from the amount payable to CONSULTANT the sum of Two Hundred Fifty Dollars (5250.00) for each calendar day during which CONSULTANT is found to have been in such noncompliance as damages for said breach of contract, or both. 12 �1 ARTICLE 24: SCOPE OF AGREEMENT. This writing constitutes the entire AGREEMENT between the parties relative to consulting services for the PROJECT. IN WITNESS WHEREOF, the parties have executed this AGREEMENT the day and year first above written. ATTEST: wap2 /mrd -agree by CITY OF 6 III OBISP By V E -MAYOR ALLEN K. SETTLE CH2M HILL CALIFORNIA, INC. By-� Thomas R. Cutting San Jose Office Manager 13 EXHIBIT "A" SCOPE OF WORK I Our scope of work for the Madonna Road Widening Project has been specifically established to accomplish all necessary design tasks within the Caltrans procedural framework. The procedure for Design Phase Activities is outlined in the "Guide for Development of Major Work by Others on State Transportation Facilities. Technical tasks are empahsized with procedural activities indicated as necessary for Iclarity. The work has been divided into four phases; Predesign, Pre- ' liminary Design, Final Design, and Consultation During Con- struction. Each phase, and the principal tasks necessary to complete that phase, are outlined in the following section. TASK _1 - PREDESIGN This task will include the initial project meetings, data ' collection, and the physical inventory of the project ele- ments. Key subtasks include: A. Meet with City engineers, planners, and other in- volved staff, Caltrans and FHWA officials, property owners, utility companies, and others as appropri- ate to discuss project issues, goals, obtain early input, coordinate activities, verify responsibili- ties and schedules, and determine if any alterna- tive funding sources are available for the project. B. Collect existing data related to the project. This may include existing roadway plans, topographic maps, Caltrans design studies, property maps, land use and zoning plans, existing reports, environ- mental impact studies, and traffic data. C. Develop design standards and evaluation criteria. The design standards will be based on Caltrans guidelines, supplemented with City standards as necessary. They will aid in the determination and layout of proposed roadway and overcrossing altern- atives. The evaluation criteria will include phy- sically quantifiable parameters such as cost, road length, overcrossing structure type, and property acquisitions. It will also include an assessment of less tangible items such conformance with gen- eral plans or fundability. D. Perform the Predesign engineering analysis, which requires CH2M HILL to complete the preliminary Caltrans procedural tasks; establish the required utility relocations; determine the project limits, I easements, and right =of -way; determine traffic signalization requirements; conduct the project geotechnical investigation and site survey in close coordination with Caltrans; and submit the pre design criteria to the City and Caltrans for review and approval. When the Predesign phase of the project is complete, all the necessary elements such as the final schedule, scope -of -work, project work limits, and schematic designs will be identi- fied and defined for commencement of Preliminary Design. These items will be assembled in a brief design report to be submitted to the City and used as a design guide and project manual for the sub- sequent design phase of the project. TASK 2 - PRELIMINARY DESIGN After review and approval.of the concepts established in the Predesign Phase, the Preliminary Design of the roadway and structures can begin. Subtasks of this phase include: A. Preparation and delivery of the final project geotechnical report, including observations of subsurface conditions, analysis of laboratory data, and design recommendations. B. Final site mapping and topographic survey and pre- paration of design base maps. C. Establishment of both vertical and horizontal alignment controls, roadway section, traffic signal system modifications, right -of -way configuration, drainage requirements, final utility relocations, and overcrossing structure type at Freeway 101 and San Luis Obispo Creek. D. Assist the City with negotiations with utility owners to finalize relocation plans. E. Prepare a Preliminary Design report for submittal to the City and Caltrans. The report will include a summary of the site data, results of the prelim- inary design studies, a recommended design, and a cost estimate for the proposed design. TASK 3 - FINAL DESIGN The Final Design requires accumulation of and response to the review comments of the City, Caltrans, FAWA, or others affected by'the project. Key subtasks are: A. Complete design of roadway and overcrossing struc- tures, including signal system modifications, curb and gutters, sidewalsk, retaining walls, utility relocation, and storm drain system additions. a �\1 I B. Prepare project plans, specifications, and estimate. I C. Prepare construction staging plan and traffic control requirements. I D. Submit to the City and Caltrans for final review. TASK 4 - CONSULTATION DURING CONSTRUCTION I Consultation During Construction involves services during both the bidding period and the actual construction activi- ties. Construction engineering services require both office I and field labor and are used to supplement the efforts of the City's full -time design and construction administration staff. The following items are construction services which CH2M HILL can provide. All these items may not be required of CH2M HILL if the CIty's staff can perform the tasks. Possible subtasks include: I A. Preparing addenda if necessary to clarify the Contract Documents. B. Attending a pre- construction conference with the successful contractor. C. Providing construction observation when requested by the City or at regular intervals during the project. The frequency of the visits typically averages two visits per month for the duration of the construction period. D. Evaluating contractor proposals for modifications to the design documents and assisting the City in issuing change orders. E. Providing input to City staff if requested while reviewing contractor shop drawings submittals. F. Assisting the City in solving site or construction problems which may arise during project construc- tion. G. Reviewing the completed project construction and recommending final acceptance by the City.. H. Providing input to the City in preparing as -built plans based on the information provided by the contractor. SJCS /038 Exhibit "B" COST CEILINGS FOR ENGINEERING SERVICES MADONNA ROAD WIDENING PRO= Task Order Cost Ceiling 1. Predesign $15,000 2. Preliminary Design $64,000 3. Final Design $57,000 4. Consultation During Construction Negotiated Prior To Construction SAP2 /27 O M N m O 9 J Z. a LL 0 U c 0 m m m CL m c m f J = U W O m Or c m m E C7 3 m J U Z S W F- W O a m m w 7 0 U PL. 0 3 c cr 0 w w m m v a W v� J EXHIBIT C F- Q. U Z O Q N_ 2 0 v 3 m c c 2 w m m 9 m >o w • m 0 0 3 c cr 0 w w m m v a W v� J EXHIBIT C F- Q. U Z O Q N_ 2 0 Exhibit "Cl' STAFFING AND BILLING RATES MADONNA ROAD WIDENING PROJECT SAP2 /28 Project Total Hourly Hourly Billing Staff Position Salary Rate /Range x 2.2 = Rate /Range Cutting Project Manager $37.83 $83.23 Bender Structural Engineer 38.44 84.56 Luebbers Transportation Engineer 33.84 74.45 Patterson Project Engineer 35.29 77.64 Engineer 5 30.93 - 42.52 68.06 - 93.54 Engineer 4 26.08 - 37.76 57.37- 83.07 Engineer 3 23.13 - 33.99 50.89 - 74.78 Engineer 2 20.56 - 30.06 45.23 - 66.13 Engineer 1 18.14 - 27.58 39.90 - 60.68 Technician 5 24.55 - 35.78 54.00 - 78.72 Technician 4 21.22 - 31.03 46.69 - 68.27 Technician 3 17.42 - 26.20 38.33 - 57.64 Technician 2 14.03 - 22.03 30.86- 48.47 Technician 1 11.95 - 19.81 26.28- 43.58 Office 7.32 - 22.98 16.11 - 50.56 aThe salary and billing rates shown are the 1985 ranges for each grade of Consul- tant's staff members. The names and rates for individuals actually working on the project will be shown on the monthly invoices. The rates may be adjusted in January 1986 to reflect salary increases, SAP2 /28 o 1, se: TASK ORDER NO. 1 AUTHORIZATION OF SERVICES FOR PREDESIGN STUDY OF MADONNA ROAD WIDENING PROJECT The work program is directed at the identification and recommenda- tion of a series of effective improvements, together with a real- istic program for their implementation. The individual tasks, activities, and products are described below. 2. Scope of Work: The work authorized by this TASK ORDER is outlined in Task 1 of the "Scope of Work" attached to the project AGREQM7T as Exhibit "A ". 3. Time of Performance: The work authorized by this TASK ORDER shall be completed within four weeks from the date of execution of this TASK ORDER. 4. Compensation and Payment: Compensation shall be on a labor and expense basis as provided in Article 3 of the project AGREEMENT. The not -to- exceed cost ceiling for this TASK ORDER shall be $15,000, as shown in Exhibit "B ". 5. Effective Date: This TASK ORDER shall bey effective immediately upon its execu- tion by both parties. 6. Incorporation by Reference: All items and conditions contained in the AGREEMENT for engineering services dated August 20 , 1985, between the CITY OF SAN LUIS OBISPO and CH2M Hrr,r, CALIFORNIA, INC., are incorporated herein by reference. Executed this 20th. day of August, 1985. CITY OF SAN LUIS OBISPO CH2M HILL CALIFORNIA, INC. David F. Romero Director of Public Works APPROVED AS TO FORM: SAP2 / ?6 Thomas R. Cutting San Jose Office Manager 0 0 RESOLUTION NO. 5767 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TRANSFERRING MONEY FROM MISSION PLAZA RESERVE FUND TO PROJECT ACCOUNT FUND 963 AND ACCEPTING BID AND AWARDING A CONTRACT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That $12,000 be transferred from Mission Plaza Reserve Fund to Project Fund No. 963. SECTION 2. City Council accepts low bid of Brimfield Construction and awards contract. SECTION 3. The City Clerk is directed to prepare for signature a contract with Brimfield Construction to construct City Plan J -24Y (Bid Amount $9,500). On motion of Councilman Dunin seconded by Councilman Griffin _ , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey, and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing resolution was passed and adopted this 20th. day of August 1985. ATTEST:_ j" �1 5� 0�� CITP CLERK PAMELA 03GES , YA VICE - MAYOR ALLEN K. SETTLE R 5767 w Resolution No. 5767 (1985 Series) Page 2. APPROVED: City i strative Officer City Attorn i :i tor Yja 4 u/ Tlf*04 ity Engin er Henderson /J24Y -SR by iD 51"? tai C& f (o, f ny��Eer�� o � RF80LurioN NO. 5 766 (1985 Series) A RESSOLUTION OF THE ODUNCIlL OF THE QTY OF SAN LUIS OBI_SPO UPHOLDING AN APPEAL AND DENYING ACTION TAKEN BY THE PLANNING 0"USSION REQUIRIM A 15 -FOOT STREET YARD AT 1239 R)OTHILL BOULEVARD (V1222) WHEREAS, the Council of the City of San Luis Obispo considered the appeal of J.- Michael Brady; AIA, appellant's architect, of a decision by the planning Commission denying a 7.5 -foot street yard and requiring a 15-foot street yard at 1239 Foothill Boulevard and conducted a public hearing on the matter; and WHEREAS, the Council considered actions taken by the Planning Commission on July 10; 1985; and the Hearing Officer on June 14; 1985; by reviewing the staff report and recommendation; commission hearing minutes; and appellant's letters; and W]EREAS; the Council agrees that a 15 -foot street yard is not necessary for the sensitive develcpment of this "L "- shaped corner lot. NNW; .THEREFORE the Council resolves to uphold the appeal of Variance No. 1222 and deny the Planning C m- nission's decision requiring a 15 -foot street yard at 1239 Foothill Boulevard as follows: SWrION 1. Findings. That this council; after consideration of variance No. 1,222 and the Planning Commission's decision; staff recommendation; and reports thereon; makes the follawing finding: 1. The proposed street yard exception will not adversely affect the health; safety or general welfare of persons living or working at the site or in the vicinity. R 5766 SECTION 2. Conditions. That the approval of Variance No. V1222 be subject to the following conditions: 1. M9n,ne,rr; street yard setback on Foothill Boulevard shall be 10 feet. 2. A continuous berm and fence shall be installed along the Foothill Boulevard frontage of the property.- to the approval of the Architectural Review Commission. 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 6th - -- day of August - - - -; -1985. ATTEST.: EM V-•-1101 City Administrative Officer Q CcnTm3hity Develcpment Director w 0 J' ® • asounION NO. 5765 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE QTY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1313 (FWT IILL ANNEXATION /LA MANCHA PROPERTIES) IACATED AT 102 FDOTHILL BOULEVARD BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 1313 and the Planning Cc=ission's recamrendations, staff recommendations and reports thereon; makes the following findings: 1. The project's negative declaration affirmed by the City Council; and subsequent initial studies prepared for project changes have been considered. It has been determined that environmental studies adequately address project changes and appropriate mitigation measures have been incorporated into the project design. Furthermore the camnission determines that circumstances in effect at the time of approving the development plan have not substantially changed; and that pursuant to section 15163 of state and city environmental guidelines, the project will not have a significant adverse impact on the envirornrent provided that the recommended mitigation measures are included. 2. The tentative map is consistent with the general plan. 3. The map substantially conforms with the approved preliminary development plan and subsequent amendment including exceptions to subdivision design standards. 4. The site is physically suitable for the proposed type of development. 5. The site is physically suitable for the proposed density of development. 6. 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. 7. The design of the subdivision and the type of improvements are not likely to cause public health problems. S. The design of the subdivision and type of improvements will not conflict with the easements for access through or use of property within the proposed subdivision. Section 2. Exceptions. That the approval of the tentative map for Tract 1313 shall be subject to the following exceptions: 1. The length of Ridgeview Drive cul-de-sac is 700 feet where 600 feet is normally allowed. R 5765 o Resolution No 5765 (1985 Series) Tract 1313 (Foothill Annexation /La Mancha Properties) Page 2 2. Waiver of sidewalk on one side only is allowed for Ridgeview Drive and Ridgeview Court. Cul -de -sac turnarounds shall maintain a minimum 4 -foot wide integral sidewalk. 3. Sidewalk bulb -outs are allowed at mid. -block and bridge culvert locations; subject to the final design details being approved by the Ccmm nity Development Director and City Engineer. SECTION 3. Conditions. That the approval of the tentative map for Tract 1313 be subject to the following conditions: 1. All streets shall be dedicated to the city. 2. Ridgeview Drive and Cerro Rcmauldo extended shall be constructed to Hillside residential street standards with 50 foot and 48 foot rights -of -way; respectively. 3. Ridgeview Court shall be renamed La Lana Court. All other street names shall be subject to approval of the Commmity Development Department. 4. La Loma Court and Cerro Court shall be constructed to provide for a 46 foot right-of-way. Cul -de -sac turnarounds shall have a minimum turnaround radius of 34 feet to curb, 38 feet to property line. 5. Ridgeview Drive cul- de-sac turnaround shall have a radius of 42 feet to curb and 48 feet to property line. 6. Cerro Romauldo shall be extended from its west end (just west of Rosita Street) to the proposed Ridgeview Drive with phase I of the subdivision. 7. Street crossings at drainage easements on La. Lana Court and Ridgeview Drive shall provide a minimum of two 12 -foot travel lanes; a 6 -foot sidewalk on one side of the street; and the remaining right -of -way landscaped by subdivider. 8. Subdivider shall provide full street improvements along north side of Foothill Boulevard frontage of tract; including dedication of necessary right-of-way, curb; gutter; pavement; street trees; drainage facilities; and grading for future sidewalk. Sidewalk installation shall be deferred on lots 2 through 4 until required by the City Engineer. Adjacent property owners shall be responsible for installing sidewalk to city standards upon 90 day notice by the City Engineer. _Said requirement shall be a covenant recorded with deeds of affected lots. 9. Subdivider shall purchase the necessary right -of -way off -site at 100 Foothill Boulevard_ per the city adopted plan line (Assessor's Parcel Number 52- 351 -42) to the approval of City Engineer. Resolution No. 5765 (1985 Series) Tract 1313 (Foothill Annexation /La Mancha Properties) Page 3 10. Subdivider shall extend an 8 -inch water line from Ridgeview Drive to Highland Drive. 11. Subdivider shall extend sewer and water lines (8 -inch) in Cerro Rcmuldo from the tract boundary to Patricia Drive. 12. Subdivider shall extend an 8-inch water line from Ridgeview Court to Foothill Boulevard. 13. The 8" sewer line (8 -inch) in Ridgeview Court shall be extended to city lift station across Foothill Boulevard. 14. Utilities not in rights -of -way shall be served by all- weather dust -free accessways and in public easements to the satisfaction of the Public Works Department. 15. All utilities shall be undergrounded, sized and installed as determined by the city utilities engineer and Fire Department. 16. Subdivider shall contribute toward repair or replacement of Foothill sewer lift station to the approval of the Public Works Director. 17. Subdivider shall dedicate and improve easements for major drainage courses in tract for maintenance, open space, and flood control. All drainage ways shall be improved to meet city design criteria and shall be designed to minimize disturbance to natural topography. All graded areas shall receive erosion protection measures to the approval of the Ccmmunity Development Director. 18. Subdivider shall acquire the necessary off -site drainage easements as required by the City Engineer. 19. Subdivider shall contribute toward improvement of downstream storm drainage facilities to the approval of the City Engineer. 20. No drainage shall be diverted from one drainage basin to another, 21. No nodification to or filling of existing natural drainage courses outside of the public right -of -way. 22. A hydrology study shall be submitted with the final tract map. ® A Resolution No. 5765 (1985 Series) Tract 1313 (Foothill Annexation /La Mancha Properties) Page 4 23. A soils and geology report shall be required. .Grading plan shall be approved by a soils engineer or geologist. 24. Final snap shall note that lots 1 through 24 shall not be padded. Final map shall note that grading shall be limited to streets, driveways and building foundations. Minor grading for decks; yards; and patios may be approved by the Community Develcpmm ent Director. 25. Perpetual open space easement for ten (10) acres over lots 13, 141 15, and 17; shall be granted to the city subject to the approval of the Cammn i ty Development Director and City Attorney. The open space easement will be to maintain the area in its natural open space character. The easement shall run with the land and provide the following limitations on land use or alterations: a. No structures will be placed or erected on said premises without the prior approval of the City Council. b. Fencing appropriate to open space preservation shall be approved by the Community Development Director. Solid fencing shall not be allowed. C. No advertising of any kind or nature shall_ be located on or within said premises. d. owner shall not plant, nor permit to be planted, any vegetation upon said open space area except for erosion control, fire protection and soil stablization or as allowed and approved by the Community Development Director. e. The general topography of the area shall be preserved in its natural or existing condition. No grading shall be allowed except as permitted by the Commmaunity Developement Director for agricultural purposes. f. No extraction of natural resources except for water. g. No removal of natural vegetation except for fire protection or elimination of diseased growth, as approved by the Community Develep Lent Director. 26. Subdivider shall install a 20 -foot wide landscaped and irrigated street yard and fencing along Foothill Boulevard frontage of lots_ 2, 38 4 and 41. Landscape Plans shall be submitted by the subdivider prior to final map approval. Said plans shall be prepared by a qualified professional and approved by the Community Development Director. 27. Subdivider shall grant a 20 -foot wide landscape easement across lots 2, 31 4, and 41 adjacent to Foothill Boulevard. Improvements in said easement shall be maintained by property owners in perpetuity. This requirement shall be a deed restriction and shall run with the land. C. Q Resolution No. 5765 (1985 Series) Tract 1313 (Foothill Annexation /La Mancha Properties) Page 5 28. Uniform fencing design; including landscaping; shall be provided along tract perimeter and adjacent to open space easement. Said fence design shall be approved by the C=Luuty Development Director and shall be installed as approved by property owners. This requirement shall be a deed restriction and shall run with the land. 29. Existing Eucalyptus trees shall remain on site as shown on tentative map and be safety pruned by subdivider to the approval of the City Arborist. subdivider shall enter into a tree protection agreement and shall post a bond to guarantee protection of trees and performance of terms of agreement. 30. Final map shall note Lots 1 -17 are considered sensitive sites and shall require Architectural Review and approval prior to development. 31. Subdivider shall pay all costs necessary to acquire dedication of easements and rights -of- way; including city's costs of con emnaticn proceedings, if necessary to comply with conditions of tract approval. 32. Subdivision improvement plans and final map shall note building envelope lines on Lots 1 -17 designating location and area of building construction; to the approval of the Ccm unity Development Director. 33. Drainage from lots 3. 4 and 5 shall be collected and conveyed to Foothill Boulevard to the approval of the City Engineer. On mation of -Councilman 'Sett1Q seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, and Mayor..Billig NOES: Councilmembers Dovey and Griffin the foregoing resolution was.passed and adopted this 6th- day of -August _; J; Resolution No. 5765 (1985 Series) Tract 1313 (Foothill Annexation /La Mancha Properties) Page 6 City Administrative OfEfice4j City Attorne J Comminity Develbpment Director r = rkicr dos S � RESOLUTION NO. 5764 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF A nE2VE -MONTH TIME EXTENSION FOR TRACT 1064 LOCATED AT 1300 BISHIP STREET *]EREAS, the subdivider requests a twelve-month time extension to complete conditions necessary to receive approval of his final map; and MEMEAS, the City Council has determined that the request for time extension is justified; and NOW; .THEREFORE," the City Council resolves as follows: Section -1. That Tract 1064 is granted a twelve -Mnth time extension to July 131 1986, subject to original tract map conditions as specified in City Council Resolution No. 4894 (1982 Series) attached hereto. On imtion 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 6th- - day of - August - ----- 1985. R 5764 Resolution No. 5764 (1985 Series) Tract 1064 Page 2 City Administrative (Iffid.Or ComMnity Devel�meet Director 1*1 RESOLUTION i:0, 4894 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAP: LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1064 j LOCATED AT 1300 BISHOP STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this council, after consideration of the tentative map of Tract 1064 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan. 2. The design and improvements of the proposed subdivision are consistent with the general plan. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. SECTION 2. That the approval of the tentative map for Tract 1064 be subject to the following conditions: 1. Subdivider shall underground all existing utilities within the tract boundary. 2. Sewer and water charges are due, payable prior to recordation of the final map, as determined by the City Engineer. 3. Public streets shall be designed for a traffic index (T.I.) of 5.5. Private streets shall be designated with a T.I. = 4.0. 4. Full street improvements consisting of curb, gutter, sidewalks and street paveout are required along all frontages. Sidewalks shall be provided along private streets to satisfaction of the Community Development Director. R -4894 i f� Resolution A`o. 4894 (1952 Series) Page 2 Tract 1064 5. Grading shall be in conformance with the required geotechnical analysis for the site. The grading plan shall be inspected and certified by a registered soils engineer /geologist, as conforming to all requirements in the geotechnical analysis. A registered soils engineer or geologist shall be available on the site as required to verify conditions as grading progresses to ensure compliance with recommendations in geotechnical analysis. 6. Traffic control signs and street lighting shall be installed to meet city standards and to the approval of the City Engineer. 7. In the event that grading or other operations do uncover buried artifacts, all construction activities shall be halted to prevent further disruption of the newly discovered archaeological site. A qualified archaeologist should then evaluate the discovery and recommend appropriate disposition of the resources. 8. Street abandonments as specified in the applicant's proposal shall be initiated and completed before the final map is approved. If the street abandonment for one reason or another is not approved, the final tract map shall be reviewed by the City Council for possible revisions. 9. Subdivider shall construct all public improvements shown on the preliminary- development plan and required as conditions of same, approved by Ordinance No. 837 and on file in the City Community Development Department (as Planned Development rezoning PD 0644). 10. The following notes shall be placed on the final maps: a. -All exterior surfaces of structures shall be colored in natural or muted tones to blend with their surroundings. b. All plant species used for landscaping and revegetation shall be native or naturalized to the area in order to conform in color and horticultural requirements with existing grasses. 11. Construction activity shall be restricted to the weekday hours from 8 :00 a.m. to 5:00 p.m. 12. Subdivider shall maintain city access to the Terrace Hill water tank during construction of the subdivision, to the approval of the Public Services Department. 13. Fletcher Street between Leona Street and Del Campo, shall be improved with full street improvements. 14. Final map shall be consistent with phasing plan for PD 0644 -A (Ordinance No. ). d M Resolution `o. 4894 (1982 Series) Page 2 Tract 1064 On motion of Councilman Dunin MWA seconded by Councilman Griffin and on the following roll call vote: AYES. Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 13thday of ATTEST: v Cif} Clerk Pamela U es APPROVED: City Administrative Officer City Attorney Community Development Director City En eer July . 1982. Sow vId6r Ross -P, � 0 0 RESOLUTION NO.5763 (1985 Series) A RESOLUTION OF THE OWNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPRWAL OF A TWJXE-M:)MH TIME DaENSION FOR TRALT 1034 (LELAM TERRACE) LOCATED AT 2200 FLORENCE AVENUE WHEREAS, the subdivider requests a twelve -mnth time extension to complete conditions necessary to receive approval of his final map; and WHEREAS, the City Council has determined that the request for time extension is justified; and NOW, THEREMRE, the City Council resolves as follows: Section 1. That Tract 1034 is granted a twelve -month tines extension to July 131 19861 subject to original tract map conditions as specified in City Council Resolution No. 5115 (1983 Series) attached hereto, except that Condition 39 shall be deleted. 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 6th-- day of -August- ---- -, 1985. R 5763 Resolution No. 5763 (1985 Series) Tract 1034 Page 2 City AOmiftistrative Officbt Cdrfm ri ty Develgpfnent Director • RESOLUTION NO. 5115 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE TENTATIVE MAP FOR TRACT 1034 LOCATED AT 1300 BISHOP STREET (LELAND TERRACE). THIS RESOLUTION SUPERSEDES COUNCIL RESOLUTIONS N0. 4072 (1980 SERIES), 4475 (1981 SERIES), AND 4893 (1982 SERIES). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this council, after consideration of the amendment to the tentative map for Tract 1034 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan and Terrace Hill Planned Development. 2. The design and improvements of the proposed subdivision are consistent with the general plan and Terrace Bill Planned Development project. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. The previous project EIR certified for PD 0644 (Terrace Hill Planned Development project) is found acceptable for this project. SECTION 2. That the amendment of the approved tentative map for Tract 1034 be subject to the following conditions: 1. Subdivider shall grant public utilities easements adjacent to private streets and driveways and over the entirety of common areas to the approval of the utility companies and the City Engineer. 2. Easements for public sewer and water lines shall be granted to the city, to the approval of the-City Engineer. 3. Public water and.sewer mains shall be sized to the approval of the City Engineer. R 5115 Resolution No. 5115 (1983 Series) Page 3 Tract 1034 13. All on -site drainage structures, if required, shall be owned and maintained by homeowner's association, except for culvert between Florence and Bushnell Avenues. Easements shall be granted for said culvert to the approval of the City Engineer. See condition 11. 14. Subdivider shall prepare conditions, covenants, and restrictions to be approved by the City Attorney and Community Development-Director prior to final map approval. CC&R's shall contain the following provisions: A. A.homeowner's association to enforce the CC &R's and provide for professional perpetual maintenance of all common areas including landscaping, private streets and driveways, street signs, private utilities, drainage facilities, lighting, walls, fences, etc., in first class condition; homeowner's association shall maintain common lot. B. Grant to the City of San Luis Obispo the right to maintain common area if the homeowner's association fails to perform and assess the homeowner's association for expenses incurred, and the right of the city to inspect the site at mutually agreed times to assure conditions of CCSR's and final map are being met. C. No parking on the site except in approved designated spaces. D. Grant to the City of San Luis Obispo the right to order vehicles to be towed away on a complaint basis, which are parking in unauthorized places. E. No outside storage of boats, campers, motorhomes, and trailers, nor long- term storage of inoperable vehicles. F. No outside storage by individual units except in designated storage areas. G. No change in city - required provisions of CC &R's without prior City Council approval. H. Homeowner's association shall file with the City Clerk the names and addresses of all officers of the homeowner's association within 15 days of any change in membership of the homeowner's association. Said change shall be filed with the City Clerk. 15. Unit driveways and private streets shall have street numbers per addressing plan as Exhibit A. Subdivider shall install directory signs at project entrances, to the approval of the Community Development Director. Street names as shown on the map are approved. 16. Subdivider shall comply with all approved precise development plan conditions and requirements of the Architectural Review Commission prior to city acceptance of the tract. 17. A note shall be placed on the final map that units constructed in this tract will be required to have Class A fire retardant roofs as specified in the Uniform Building Code by the authority of Uniform Fire Code Section 10.301(b). Resolution No. 5115 (1983 Series) Page 6 Tract 1034 35. Subdivider shall maintain city access to the Terrace hill water tank during construction of the subdivision, to the approval of the Public Services Department. 36. Subdivision boundary shall be expanded to-include portions of paper street rights -of -way relative to the abandonment o =o al of,the CLeona, Leland Terrace, and Buena Vista Terrace Streets, to the app 37. Final map shall be consistent with phasing plan for PD 0644 -A. 38. Subdivider may file separate final maps for Phase III and V. City Engineer and Community Development Director may, at their discretion, require any off -site or other phase improvements needed to serve this tract. 39. Tentative map approval is in effect until July 13, 1984. On motion of _Councilman Settle__ , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin and Vice -Mayor Dunin NOES: None ABSENT: Mayor Billig the foregoing resolution was passed and adopted this 17th day of May ,1983• ATTEST: V - _EtyrjVC1Zerk Pamela V s Q S Ci Administrative facer City Attorney Community Development Director Vic Mayor Ron - Dunin rl ' � ` As 7EN7. TRACT 1064 I V clty 0 Sal IUIS 0131SPO t Department of Community Development pnn Palrn Slreei/Post Offlro Box 321. Sin Luis Obispo. CA 93406 i T PROPosEO TEARAC,� 1110 Su60 /VISIONS JUN4 19162 i lqos c �il� 0 RESOLUTION No.5762 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTIM APPROVAL OF A TWELVE-MONTH TIME EXTENSION FOR TRACT 926 (BMA VISTA ESTATES) LOCATED AT 2030 -2031 BLNNS WURT WHEREAS, the subdivider requests a twelve -month time extension to complete conditions necessary to receive approval of his final map, and WHEREAS, the City Council has determined that the request for time extension is justified; and NOW, THEREFORE, the City Council resolves as follows: Section-1. That Tract 926 is granted a twelve -month time extension to July 13, 1986, subject to original tract map conditions as specified in City Council Resolution No. 4892 (1982 Series) attached hereto. on rmtion 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 6th- - day of August- ---- --, 1985. R 5762 Resolution No. 5762 (1985 Series) Tract 926 Page 2 - S- City Administrative Offibtx, City Att ey - _��..- - -.. -- Ccmminity Development Director q RESOLUTION PTO. 4892 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIS AMENDING CONDITIONS OF APPROVED TENTATIVE TRACT ' NO. 926 OCATED AT 2030 -2031 BINNS COURT (BUENA VISTA ESTATES). THIS RESOLUTION SUPERSEDES COUNCIL RESOLUTIONS N0. 4072 (1980 SERIES) AND 4475 (1981 SERIES). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this council, after consideration of the amendment to the tentative map for Tract 926 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following amendments to findings: 1. The tentative map is consistent with the general plan and Terrace Hill Planned Development. 2. The design and improvements of the proposed subdivision are consistent with the general plan and Terrace Hill Planned Development project. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access or use of property within the proposed subdivision. 8. The previous project EIR certified for PD 0644 (Terrace Hill Planned Development project) is acceptable. SECTION 2. That.the amendment of the approved tentative map for Tract 926 be subject to the following conditions: 1. Sewer mains as depicted on the tentative tract map shall be six inches in size except for Binns Court from Ella Street to first manhole which shall be eight inches in size. 2. New sewer mains shall be located in private streets within easements and dedication to the city to the approval of the City Engineer. 0 Resolution No. 4892 (1982. Series) Page 2 Tract 926 3. Final map shall note that sewer ejector pumps may be required for the lower floors at houses built on Lots 10, 11, and 12. 4. Easements for existing sewer laterals shall be granted to.adjacent lots along Sierra Way for sewer lateral connections to public sewer line traversing.the tract (Sierra Way to Ella Street), to the approval of the City Engineer. 5. Water mains shall be constructed to city standards, and dedicated to the city in easements to the approval of the City Engineer. This includes a 10 -inch main connecting the 12 -inch main in Bishop Street with the 8 -inch line in Ella Street. The city will reimburse development for the difference in cost of 10 -inch line versus 8 -inch line per standard city schedule. 6. Drainage improvements shown on the tentative map shall be installed to the satisfaction of the City Engineer. This includes: — Surface and subsurface drainage improvements on recontoured hillsides to preclude erosion hazards. --Drainage structures above proposed development areas to facilitate on- site drainage and above and below cut and fill areas to prevent slope failures under saturated soil conditions. - -Storm drain improvements in Augusta Street between Bishop Street and San Carlos Drive. -- Construction of a lined swale to preclude sheet flow to Sierra Way. 7. An "engineered grading plan" shall be required incorporating the recommendations of the geologist /soils engineer including required drainage improvements. A "contingency plan" shall be provided with the final grading plan for prevention of erosion and siltation with provisions for debris basins and /or sedimentation ponds in case of failure of a contractor to complete the work and erosion protection facilities prior to the rainy season. The start of grading and estimated completion dates must be shown on the grading plan. The grading plan shall be signed by the.soils engineer /geologist. The soils report shall be noted on the grading plan and final map. 8. Subdivider shall install "no parking" signs and red curbing along private streets as required by the City Fire Department and City Engineer. 9. Traffic control signs and :street lighting shall be installed to meet city standards and to the approval of the City Engineer. 10. public streets shall be designed for a traffic index (T.I.) of 5.5. Private streets shall be designated with a T.I. = 4.0. q Resolution No. 4892 (1982 Series) Page 3 Tract 926 11. Public utility easements shall be provided as required by the respective utility companies. 12. Final map shall contain a note that no structures or grading shall be allowed on Lot 28 (common.lot) without city approval. 13. Subdivider shall prepare conditions, covenants, and restrictions to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions: a. A homeowner's association to enforce the CC &R's and provide for professional perpetual maintenance of all common areas including landscaping, private streets and driveways, street signs, private utilities, drainage facilities, lighting, walls, fences, etc., in first class conditions; homeowner's association shall maintain lot 28. b. Grant to the city of San Luis Obispo the right to maintain common area if the homeowner's association fails to perform and assess the home- owner's association for expenses incurred, and the right of the city to inspect the site at a mutually agreed time to assure conditions of CC &R's and final map are being met. c. Grant to the City of San Luis Obispo, the right to tow away vehicles on a complaint basis, which are parked in unauthorized places, pursuant to California Vehicle Code Section 22658. e. No outdoor storage of boats, campers, motorhomes, and trailers, nor long -term storage of inoperable vehicles. f. No outside storage by individual units except in designated storage areas g. No change in city- required provisions of CC &R's without prior City Council approval. h. Homeowner's association shall file with the City Clerk the names and addresses of all officers of the homeowner's association within 15 days of any change in membership of the homeowner's association. Said changes shall be filed with the City Clerk. 14. Units shall be numbered and addressed on streets as names per addressing plan attached as Exhibit A. Subdivider shall install directorysigns at project entrance to the approval of the Community Development Director. 15. Subdivider shall comply with all approved precise development plan conditions and requirements of the Architectural Review Commission, prior to city acceptance of the tract. 4 K Resolution No. 4892(1982 Series) Page 4 Tract 926 16. Subdivision improvements may be phased at the discretion of the City Engineer. 17. Subdivider shall underground all existing utilities within the tract boundary. 18. Sewer and water charges are due, payable prior to recordation of the final map as determined by the City Engineer. 19. A detailed geotechnical analysis for the design of all improvements shall be prepared by a licensed civil engineer specializing in geotechnical engineering and by a certified engineering geologist prior to final tract map for same. Analysis shall: — Explore and assess soil, groundwater and geologic conditions, particularly in areas with potentially expansive soils; — Provide recommendations regarding soil grading and foundation criteria for proposed design; — Evaluate soil stability for both natural and graded slopes under static and earthquake conditions. 20. In the event that grading or other operations do uncover buried artifacts, all construction activities shall be halted to prevent further disruption of the newly discovered archaeological site. A qualified archaeologist should then evaluate the discovery and recommend appropriate disposition of the resources. 21. Street abandonments as specified in the phasing plan for PD 0644 -A shall be initiated and completed before, the final map is approved. If the street abandonment for one reason or another is not approved,. the final tract map shall be reviewed by the. City Council for possible reisions. 22. Subdivider shall construct all public improvements within this tract shown on the preliminary development plan and required as conditions of same, approved by Ordinance No. 837 and on file in the City Community Development , Department (as Planned Development rezoning PD 0644). 23. Full credit is hereby given to meet park dedication requirements, and no in lieu fees are required. 24. Construction activity shall be restricted to the weekday hours from 8 a.m, to 5 p.m. 25. In addition to normal review, the Architectural Review Commission shall give special consideration to landscaping, building design and site layout for the purposes of minimizing grading, visual impacts off -site, and intrusion on the privacy of residences on Sierra Way. Resolution No. 4892 (1982 Series) Page 5 Tract 926 D 26. The subdivider shall restore the natural slopes of the hill destroyed by previous improper grading and provide,for proper revegetation, slope stabilization and erosion control for the entire site, including Lot 29; and be responsible therefore for a period of 2 years from date of final acceptance. 27. The following notes shall be placed on the final map: a. All exterior surfaces of structures shall be colored in natural or muted tones to blend with their surroundings. b. All plant species used for landscaping and revegetating shall be native or naturalized to the area in order to conform in color and horticultural requirements with existing grasses. 28. Final map shall be consistent with phasing plan for PD 0644 -A (Ordinance No. ). 29. Subdivider may file separate final maps for Phase I and II. City Engineer and Community Development Director may, at their discretion, require any off -site or other phase improvements needed to serve this tract. On motion. of Councilman Griffin , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSINT; Councilman Settle the foregoing resolution was passed and adopted this 13thday of July , 1982. ATTEST: City�Clerk Pamela V es CIV Ao' s.s o • RESOLUTION NO. 5761 (1985 Series) A RESOLUTION OF THE 0 JNCIL OF THE QTY OF SAN LUIS OBISPO GRANTIM APPROVAL OF TENTATIVE TRACT NO. 1304 LOCATED AT 2684 JCHNSON AVENUE AND 2621 FLORA 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 1304 and the Planning Camni.ssion's recommendations; staff recd miendaticns and reports thereon; makes the following findings: 1. There are unusual circumstances at the site which warrant an exception to the parking and driveway standards to allow six lots access to a ccm= driveway; specifically that the driveway will be improved with curbs, gutters and sidewalks and may be widened to a full -width street. 2. The driveway is appropriately located at the site and does not interfere with other activities or development in the area. 3. The driveway poses no significant potential for conflict between the parties sharing the driveway because of its location, length; grading; usage or other characteristics. 4. The driveway will clearly be safer than a standard driveway since it will be improved with curbs; gutters and sidewalk; will be wider and will replace an existing driveway which exits onto Johnson Avenue. 5. The design of the tentative map and proposed improvements are consistent with the general plan. 6. The site is physically suited for the type and density of development allowed in an R=1 zone. 7. The design of the tentative map; common driveway and proposed improvements are not likely to cause serious health problems; substantial envirormtental damage or substantially and unavoidably injure fish or wildlife or their habitat. 8. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 9. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration. SECTION 2. Conditions. That the approval of the tentative nap for Tract 1304 be subject to the following conditions: R 5761 E Resolution No. 5761 (1985 Series) Tract 1304 Page 2 1. The subdivider shall install "no parking" signs on the camDn driveway and /or paint the curb red along its entirety. 2. The subdivider shall paint the Johnson Avenue curb red for 20 feet on either side of the driveway. 3. Lots in the tract shall be addressed according to a plan prepared by the Cann unity Development Department, prior to final map approval. 4. The final map shall note that; at the time of development of each lot; two guest parking spaces shall be provided in addition to those required by current Zoning Regulations. 5. The subdivider shall plant one 24" box specimen tree to replace each tree to be removed. Removal of other trees on the site and suitable replacement trees shall be as approved by the Public Works Department. 6. The triangular portion of the southeasterly side of Lot 4 shall be transferred to Lot 5 by realigning the rear property line of Lot 4 with Lots 1. 2, and 3 to the satisfaction of the Community Development Director. 7. The final map shall indicate a turnaround for fire suppression vehicles to the approval of the Fire Department and C:cnT unity Development Director. Subdivider shall install the turnaround as a subdivision improvement. S. The subdivider shall pay water acreage and water frontage fees as determined by the City Engineer. 9. The subdivider shall install city standard street lights on Flora and Johnson frontages to the approval of the City Engineer. The lights will be awned by the city and maintained by Pacific Gas & Electric.. 10. The subdivider shall plant ten 15- gallon Scawedler maple trees on La Vineda and on Johnson Avenue; and three 15- gallon size liquidarrbar trees on Flora Street. Tree planting on undeveloped lots may be deferred until developed and shall be so noted on the map. 11. The subdivider shall submit a common driveway agreement to the Community Development Department staff for approval and recordation. 12. Subdivider shall modify curb radius at Johnson Avenue to improve sight distance to the approval of the CoMMmity Development Department. 13. A note shall be placed on the map that existing riparian vegetation shall not be removed. 14. All utilities shall be undergrounded. Resolution No. 5761 (1985 Series) Tract 1304 Page 3 on rrDtion 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 -6th- day of August - - 1985. City Administrative ffi ConmInity De elcpment Director "Su&VvIder L--� RESOLUTION NO. 5760 (1985 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A PARK -IN -LIEU EXTENDED PAYMENT AGREEMENT AND APPROVING THE FINAL MAP FOR TRACT 998 (SMITH; ANDREWS AND PIPERATO, SUBDIVIDERS) WHEREAS, the City Council made certain findings concerning Tract 998 as contained in Resolution No. 4605 (1981 Series); and WHEREAS, the City Council has agreed to extended payments of the park -in -lieu fee in accordance with Exhibit A attached hereto; and WHEREAS, all other conditions required per Resolution No. 4605 (1981 Series) for Tract 998 have been met or bonded for; NOW, THEREFORE BE IT RESOLVED that final approval is hereby granted for Tract 998 and the Mayor is authorized to execute the special park -in -lieu fee and Subdivision Agreements. The - Finance Director is directed to reimburse San Luis Obispo Associates (Mustang Village Developers) $7,850.00 for pro rata share of sewer bypass. On motion of Councilman Dunin, seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th. day of August , 1985. ATTEST:, V 2/ CITY CLERK PAMELA; ODES R 5760 C Resolution No. 5760 (1985 Series) Page Two APPROVED: � Z Q City Administrative Officer Community Development Director - A�),�2±, City Er 'ineer ill Finance Dire or Kenny /tr998res pr RESOLUTION NO. 46051981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 998 LOCATED AT 95 STENNER STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Tract 998 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan and specific plans. - 2._, �1be design- :and - improvements .:of_ the proposed-_subdi_viaion —are consistent pith -_ the general plan and specific plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. The proposed subdivision is granted a mitigated negative declaration on environmental impact subject to mitigation measure to implement noise study submitted as part of environmental assessment. SECTION 2. Variance. The following variance to Subdivision Ordinance requirements is hereby Approved, based upon the findings below: 1. Reduced Stenner Street cul—de —sac radius from 50 foot property radius and 40 foot curb radius to 46 feet and 40 feet respectively is allowed based on the following: R 4605 Resolution No. 4605 (1981 Series) Tract 998 Page 2 0 1. The above variance is granted subject to conditions to assure that adjustments hereby authorized do not constitute a grant of special privilege inconsistent with limitations upon other properties in the same vicinity, in that subdivider is to provide cul-de -sac turn around on an existing street where none is provided with design to provide curb -side parking. 2. There are special circumstances applicable to the subject property, including size, shape, location or surroundings for which the strict, literal application of the subdivision ordinance is found to deprive the subject and adjacent property of privileges enjoyed by other properties in the vicinity in that a standard cul- de-sac would create greater modifications to existing properties now served by the street. 3. In this particular case, the variance, rather than the sections at issue in the subdivision ordinance, carry out the spirit and intent of the subdivision ordinance in that suitable street width for parking and turn around is provided in minimum space with least effects to existing SECTION 3. Conditions of Approval. That the approval of the tentative map for Tract 998 be subject to the following conditions: 1. Subdivider shall grant easement over the common lot area, except under structures, for underground public utilities serving the site to the approval of the City Engineer. 2. Looped waterline shown on the tentative map from Stenner Street through the site to Casa Street shall be an 8 -inch main and be a public main. Said water line shall be provided With easements to the approval of the City Engineer. A note shall be placed on the final map that property owner(s) shall assume responsibility of replacement of special pavement if removal of same is required for city maintenance or replacement of water line. 3. Subdivider shall install individual water meters for each unit. Water meters-shall be clustered along the on -site public water main and along driveways to the satisfaction of the Public Services Department. 4. On -site sewer shall be private. 5. Subdivider shall be responsible for complete reconstruction of existing improvements within Stenner Street including pavement, curb, gutter and sidewalks, existing driveway ramps and frontage planting of properties affected by construction of the proposed cul -de -sac. 6. Cul -de -sac at the end of Stenner Street shall have a 46 foot right - of-way radius and a 40 foot curb radius. Resolution No. 4605 (1981 Series) .Tract 998 Page 3 7. Subdivider shall grant to the city a maintenance and drainage easement for the creek along the northeast property line to the satisfaction of the City Engineer. 8. Subdivider shall clear the creek of debris and obstructive vegetation and improve the creek to accommodate storm waters for a 10 -year frequency storm. Cleaning and improvement of the creek shall be according to a creek improvement plan to be approved by the Community Development Director and Public Services Director. 9. Subdivider shall grant to the city an access easement across the driveway and parking area from Stenner Street to creek to the satisfaction of the City Engineer. 10. Subdivider shall install an approved fire alarm system with manual pull stations for buildings D and E to the satisfaction of the City Fire Marshal. 11. Subdivider shall install a building and unit directory board at the Stenner Street entrance to the project to the approval of the City Fire Marshal and Architectural Review Commission. 12. Subdivider shall install identifying letters or numbers on all buildings and /or units to be clearly visible to the approval of the City Fire Marshal and Architectural Review Commission. 13. Emergency driveway ramp at the end of Stenner Street shall be 12 feet wide. 14. All driveway aisles on site shall be a minimum of 24 feet wide except for entrance driveway aisle which shall be 30 feet wide and shall be free and clear at all times and shall be red curbed and posted with no parking signs, to the approval of the City Fire Marshal and City Engineer.. 15. Emergency access lane on -site shall be constructed to support a fire truck, to the approval of the City Engineer. 16. Subdivider shall install on -site private fire hydrants to the approval of the City Fire Marshal and City Engineer. 17. Subdivider shall provide a total of 200 automobile parking spaces to city standards for the project. At least 180 of the spaces shall be on site. The remaining spaces shall be provided in perpetuity on another site and pedestrian access shall be provided to the approval of the Community Development Department staff. Resolution No. 4605 (1981 Series) Tract 998 Page 4 18. Subdivider shall number all units in the tract consistent with city approved addressing plan per attachment I- 19. Conditions, covenants and restrictions (CC&R's) shall be approved by the City Attorney and Community Development Director prior to the final map approval. CC&R's shall contain the following provisions: A. Creation of a homeowner's association to enforce the CUR 'a and provide for professional, perpetual maintenance of all common areas including driveways, parking, landscaping, private utilities, private sewer lines, walls and building exteriors and off—site emergency access .easement. B. Grant to the City of San Luis Obispo the right to maintain all on —site improvements and emergency access easements if the homeowner's association fails to perform. The city may assess the homeowner's _., ,_... association for-expenses incurred for said maintenance_ C. No parking on the site except in approved, designated spaces. D. Grant to the City of San Luis Obispo, the right to tow away vehicles on a complaint basis, which are parked in unauthorized places. E. No outdoor storage except in areas approved for such by the Architectural Review Commission. F. No storage of boats, campers, motorhomes, and trailers, nor long —term storage of inoperable vehicles. G. No change in city required provisions of CC&R's without prior City Council approval. 20. Subdivider shall construct 8 foot high noise attenuation wall along east property line as a mitigation measure of environmental impact determination to the approval of Community Development Director. The wall shall be located so as to include landscaping on both sides of the wall. 21. Subdivider shall soundproof the interior of the dwelling units to a 45 db level consistent with the General Plan Noise Element. 22. Subdivider shall comply with all requirements of Architectural Review Commission, prior to city acceptance of the tract. 23. Trees along creek channel shall remain. There shall be no grading within the drop line of trees. Resolution No. 4605 Tract 998 Page 5 (1981 Series) 24. Subdivider shall provide solar heating as the principal source of heating for the swimming pool to the approval of the Architectural Review Commission. 25. Subdivider shall construct a bypass sewer from Casa and Murray Streets through Santa Rosa Park to Oak Street to the satisfaction of the Public Services Department. 26. Subdivider shall install a minimum of 20 bicycle and 20 motorcycle parking spaces on site to the approval of the Architectural Review Commisssion. 27. Future development projects benefiting from the off -site sewer line project required by condition No. 25 shall be required to reimburse the subdivider pursuant to an agreement formula developed by the Public Services Department. on motion of counmiman nPr ]P seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle and Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey and One Vacancy the foregoing resolution was passed and adopted this 1st day of September , 1981. S. ATTEST: 4ZV,1g 45 City erk Pamela.V ges svb ivlclet -s r,jr)oc A'G -1t.-E - E -M-E - 11 --T THIS AGREEMENT' dated. this _--- 00- day of -August 1985'# by and between STENNER-APARTMENT-PROJECT,#'= A-CALIFORNIA LIMITED-'PARTNERSHIP, herein referred to at "Subdivider," and the CITY OF SAN LUIS OBISPO.' herein referred to as the "City." WITNESSETH REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain real property in the City of San Luis Obispo, County of tan Luis Obispo.' State of California' description of which is shown on final -map-of -Tract"098' City of San Luis Obispo#' California, as approved by the City Council' the "6t:li--- day of. -August-,-B85._-------- on --- WHEREAS." the Subdivider desires that said map ,of-,Tract- -998--- be accepted and approved as a final map pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo.' and WEREASI it is a condition of said regulations and ordinances that the Subdivider agrees to install the street improverfients and utility lines and facilities as set forth on the plans therefore'. NOW THEREFORE, in consideration of the foregoing.' the Subdivider does hereby agree to construct and install the following subdivision .improvements in accordance with said 1 subdivision ordinances and regulations; and in accordance with approved plans and specifications on file in the office of the City Engineer; City of.San Luis Obispo to wit: 1. CURBS; GUTTERS and SIDEWALKS 2. STREET BASE and SURFACING 3. WATER MAINS and SEWER MAINS; including sewer laterals to the property line and water services to the curb stop. - 4. DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC; GAS; TELEPHONE and CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City; each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him; and that the said utility is prepared to provide service to residents upon request. 7. ANY AND ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved . plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map; and that the work shall be completed within twelve (12) months of said recording date; unless an extension has been ,granted by the City Council; Provided that if completion of said work is delayed by acts of 2 God or strikes, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection,, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City Council. The Subdivider does also agree to comply with the following conditions established by the Planning Commission and /or the City Council. 1. The Subdivider shall deposit a monumentation bond of $600...00 to cover the installation of survey monuments in accordance with the approved map and payment for same. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating they have completed the work and have been paid. 2. The Subdivider shall pay share of sewer bypass through Santa Rosa Park of $7,850.00 (to be reimbursed to San Luis Obispo Associates). 3. The Subdivider shall pay a park -in -lieu fee per special agreement with City for extended payments in the total amount of $161,646,00 (See attached Exhibit A). A down payment of $25,164.60 is acknowledged. 4. The Subdivider shall be responsible for landscaping the entire project and for maintenance for one year after acceptance of work as complete, or until taken over by the Homeowner's Association. 3 As to public lands or .section property included within said Subdivision; if any; for the restoration of lost section corners and for retracement of.section lines; the method followed shall be in accord with the instructions set forth in. the "Manual of Instructions ='-for Survey of Public. Lands of the United States; published by the Commissioner of General. Land Office; Department of Interior; Washington; D.C. the Subdivider hereby attaches hereto; and as an integral part hereof; and as security for the performance of this agreement; (instrument of credit /bond) approved by and in favor of the City of San Luis Obispo; and conditional upon the faithful performance of this agreement; which said (instrument of credit /Bond) is in the amount of $230;000:00 and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California; upon final completion and acceptance of the work; City will release all but.10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the :improvements arising within a period of one. year following the completion and acceptance thereof against any defective work or labor done; or defective materials furnished, in the.performance of this agreement. 4 Completion of the work shall be deemed to have occurred on the date as of which the City Council shall;. by resolution duly passed and .adopted; accept said improvements according to said plans and specifications; and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within. the prescribed time; then in that event; the Subdivider agrees that City .may; at its option; declare the bond; which has been posted by Subdivider; to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and material bond in the amount of 50% of the above described subdivision improvements in, accordance with State Law. Said Subdivider has deposited with the City the sum of $3;000::00; from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $3;000.00 the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts to be.paid for salary and expenses of said inspector or inspectors. 5 Title 16 of the San Luis Obispo Municipal Code.' entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map' and.all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in.interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Parties hereto that this Agreement shall bind the heirs' executors; administrators; successors and assigns of the respective Patties to this agreement: It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prides And total bid prices for all of the, improvements herein referred to. IN WITNESS WHEREOF,* this agreement has been executed by: CITY OF SAN LUIS OBISPO SUBDIVIDER STENNER APARTMENT PROJECT A California Limited Partnership By: Smith' Andrews & Piperato A General ;arthership "neral Partner NAYOR— LANIE _C.- AT EST - Patrick Smith atric N. Smith CITY--CLERK PAMELA_' SGES •RANK PIPERATO Apprjed & form-t City AZt, they City Eng7kn=44 6 RECORDING REQUESTED BY: "D AND WHEN RECORDED RETURN TO: City of San Obispo City Clerk P. 0. BOX 8100 San Luis Obispo, CA 93403 =8100 J A.P.N. 52- 182 -30 52- 182 -32 r i�a i •» • tj i a air. EXHIBIT "A" r� THIS AGREEMIMM, made and entered into this 6th. day of August _ , 1985, by and between STE1M APARTMENT PROat&, a California Limited Partnership (hereinafter "Stenner ") and the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California (hereinafter "City ") is with respect to the application of Section 16.40.040 of the Municipal Code of the City of San Luis Obispo to the proposed development of Tract 998 located at 95 Stenner Street, San Luis Obispo, Cali forma. RECITALS Section 16.40.040 of the Municipal Code of the City of San Luis Obispo requites a subdivider, as a condition of development, to dedicate property to public use for park and recreational purposes or to pay fees to the City for these purposes, under certain circumstances. Stenner is currently engaged in the development of Tract 998 located at 95 Stenner Street, San Luis Obispo, California. It is the intention of Stenner to build seventy -six dwelling units on this land. Although these units are being built to condominium specifications and standards, it is contemplated that the units will initially be used as apartments and will not be sold as condominium units for up to twelve years. Since a condominium unit is treated_ as an individual parcel under City's subdivision regulations, seventy -.six condominium units would require a substantial "'in-lieu" fee. �I In addition; this fee; if required to be paid currently; would work a significant hardship on Stenner. Accordingly, for valuable consideration, the parties agree as follows: A. Stenner shall pay the "in -lieu" fee in the sum of $161,646 to the City as follows: 1: Stenner will pay to the City an initial payment of $251164.60 (principal only). Said payment shall be due and payable before recordation of the final subdivision map. 2. Thereafter, Stenner will pay to the city twelve (12) annual payments (principal plus interest) based on the computed fee and an annual interest rate of twelve. percent (12 %). Said payments shall be due annually on or before July 16 of each year in accordance with the payment schedule in Exhibit "A-1 ", attached. B. Notwithstanding the foregoing, at such time as the first unit is sold as a condominium unit, then the unpaid portion of the fee plus accrued interest to date will all be due and payable. C. Prepayment of principle plus accrieri interest to date shall be allowed at any time prior to sale of the first condominium unit. D. Full payment under this agreement satisfies the requirements of subdivision regulations of the City with respect to parklands dedication. E. If default be made in the payment when due of any part or installment of principal or interest, then the whole of principal then unpaid; together with accrued interest thereon; shall become immediately due and payable at the option of City without notice. F. The Agreement shall be governed by and construed in accordance with the laws of the State of California. G. This Agreement shall be, binding upon and inure to the benefit of the heirs; executors, administrators, successors and assigns of the respective parties hereto. H. In the event of commencement of suit to enforce payment of this note; the Prevailing party shall be entitled to such attorneys' fees as the court may adjudge reasonable. IN WITNESS mmpmF, the parties hereto have executed this Agreement as of the date and year written above. ATTEST: 1-- CITY CLERK PAMELA GRt APPROVED: City Administrative Offictr STENNER APAMNENT PRmcr, a California Limited Partnersftip By SMITH, ANDRE14B & PIPERATO, its General Pat CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California Community Development Dir-66tor, ' PARK I8-I^IEO FEES FOR T0Acr 998 * * @&��C&�' SC8�DOI�� C�` �I��0�I�� 0� I8yZE3�� EAYI3R: STEMER APARTMENT PROTECT PAYEE: CITY OF SAN LUIS O0IGPO TOTAL IN-LIEU FEE: $1618646.00 ` LESS INITIAL fA6OENT; $ 25'164-.80 LOAN AMXW: $136481.40 ANNUAL RATE [FINTEREST: ' ^000% PHYMENT DATE 7/16/86 7/16/87 7/16/88 7/16/89 7/16/90 7/16/91 7/16/92 7/16/93 7/16/94 7/16/95 7/16/96 7/16/97 SUBTOTALS PAYMENT NO~ 1 2 3 4 5 6 7 8 9 1O a PAYMENT TOTAL 22,O33~13 22,033^13 �2rO33^13 22rO33~l3 22,O33^13 22vO33^13 22rO33.13 22,O33^13 22,033^13 22'O33^13 22,O33^13 22.O32^91 264r397,34 PRINCIPAL HMDUNT 5'655^36 6v334+O1 7,O94^O9 7r945^3S 8'898^82 9'966.68 i1'162^6G i2'5O2^2O i4rOO2^47 i5'682^77 i7'564,7O i9'672^24 136,481^4O GR�ND 1,01'8L5 264'397^34 136'481^4O RHIBTT "A~7" INTEREST AMOUNT 16r377^77 15,699^12 v39,O4 14 9 14,O87^75 13'134~31 12,O66^45 1O'87O^45 9r53O^93 8'O3O^66 6,35O,36 4'468^43 2,360^67 1 915^94 127r915^94 NEW BALhNCE. 13O,826^O4 124,492°O3 117'397^94 1O9r452^56 1OO,553~74 9Or587^O6 79'424^38 66,922^18 52�919~71 37r236,94 19,672+24 O,O0 r .• �� o� J1 RESOLUTION NO. 5759 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALKS REPAIRED UNDER THE 1911 ACT, CHAPTER 22, STREETS AND HIGHWAY CODE ET SEQ. WHEREAS, pursuant to public hearings duly.held, the Council hereby determines that there are no objections or protests to the costs of con- struction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth hereafter; and WHEREAS, the hereinafter listed repair costs shall be paid within thirty -one (31) days after the date hereof and any such costs remaining unpaid thereafter shall be turned over to the City Tax Collector to be placed as a lien against the property and collected with the City taxes, and subject to the same penalties and costs if not paid on the first in- stallment. The property owners, addresses and repair costs (repairs under $1,000.00) are shown on Exhibit "A "; and WHEREAS, at the request of the property owners whose assessments are $1,000.00 or over and in accordance with Chapter 12.16 of the Municipal Code, the Council hereby determines that the assessments set forth may be paid in three (3) annual installments, including interest at the rate of ten (10 %) percent per annum on the unpaid balance; said interest to run from the first day of the month following passage of this Resolution to the time payment is made in full of the principal amount, provided that failure to pay any installment and interest when due shall make the remaining principal balance and interest payable in full and subject to additional penalties and interest as provided for City taxes and subject to the same procedure for foreclosure and sale. Said property owners. addresses and repair costs (repairs $1,000 or over) are shown on Exhibit "B ". R 5759 Resolution No.5759 (1985 Series) Page 2. On motion of Councilwoman Dovey I seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of August , 1985. APPROVED: Administyrla ve Officer Finance Direc Public Wo rector 9 EXHIBIT "A" OWNER LOCATION AMOUNT &Haes ;6. Rossi, % E.j. Rossi 879 3eiMse8 66. n Mary J. Sutcliffe 1254 Marsh 397.00 Gelest-e Eesse, ee &1 13.28 -Marsh , oo- - J.C. Enterprises 1531 Santa Rosa 850.00 Ka-py E. & Kenneth Beelt 1237 Archer (else Paeifie -side. ;44:3 Lard & Kethlya -h beper 480 Peelfle 34.69 WaT : :c aacar, et e} -124.1 £i }$effie (alse 389 86 Peel€ #e` 949:79 A.M. Haefi 339 A Pismo San Luis Coastal Unif. Sch. Dst 1341 Nipomo (Beach side) 404.30 D.A. Brodie 571 Pismo C.J. Storni 566 Pacific 724.32 168.75 Wayne Babar, el! et-i 1253 Peach St. 27.00 D.M. & D.M. Carter RORY " EXHIBIT "B" 101404W ON) AMM APP Lawrence B. Sage, et al 754 Boysen $1396.50 Fe tEe FeFfial, et e1 790 Beysea 1097.29 , J.R. & E.F. Silva 1306 Nipomo (Pacific side) 1093.50 John R. Miller 474 Pacific 1404.18 C. Cattaneo 435 Marsh (also Carmel side) 2318.11 J.-:. & M.M. oQE -Fee 1224 6erme! J.E. & G. Hughes 1407 Nipomo (Pismo side) 1000.38 �� /�e�� '/ �DD � v RESOLUTION NO. 57.58 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING LIENS UPON REAL PROPERTY PARCELS FOR WEED ABATEMENT COSTS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby finds and confirms the existance as of August 6, 1985, of duly imposed liens in the amounts and upon the real property parcels set forth in Exhibit °A° delinquency list attached hereto. Said liens were imposed for weed abatement costs incurred by the City upon said parcels in Fiscal Year 1984 -85 in accordance with provisions of the City's Municipal Code, Section 8.08.010 to 8.08.110 inclusive. 2. The Director of Finance is directed to send a copy of this Resolution to the Auditor - Controller of the County of San Luis Obispo for collections of said liens along with regular City property taxes for 1985 -86. 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 Day of August , adopted this C, r}, R 5758 APPROVED: r"A"L.,L Officer y g1torney 1 i "ma ��; EXHIBIT A The following is a breakdown of Fire Department abatement costs for 1985. This report is being submitted to the San Luis Obispo Council for approval on August 6. 1985. Name Parcel No. F.D. Cost Admin. Ser.Chg. Penalty Total New World Invest. 01 9074 9022 01 ;074 ;023 01 9074 2'019 39.50 29.63 75.00 144.13 Long ll 03,737 ;014 �� o�, 69.25 59.25 51.94 75.00 196.19 ,7o E�wt Branch 04,782 3'065 69.25 44.44 51.94 75.99 75.00 69 .1.96.1.9 McQuillan 04,925,013 20.00 15.00 75.00 110.00 Silvaggio 049992,019 74.13 55.60 75.00 204.73 Calif. Nursery S ; t. 53 9051 9039 237.00 177.75 75.00 489.75 :1tl_ ins. ro ' ,r wnw s Acoma � 53 9272,022 435.13 29.63 326.35 22.62 75.00 75.00 836.4-8 .1.26.85 s • RESOLUTION NO. 5757 NOT USED C; N RESOLUTION NO. 5756 (1985 SERIES) A RESOLUTION OF THE =CIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A MANAGERIAL COMPENSATION PLAN FOR CERTAIN MANAGEMENT PERSONNEL AND SUPERSEDING PREvicus RESOLUTIONS 'IN CONFLICT. WHEREAS, the City Council is desirous of establishing a comprehensive Management Development and Compensation policy; and WHEREAS; the Council is committed to a compensation policy that strengthens the recruitment and retention of well- qualified and effective managerial staff; and WHEREAS, Council determines that merit and performance shall be the basis for managerial compensation; and WHEREAS; Council recognizes that under Section 701 of the City Charter the selection; development, evaluation and level of ccanpensaticn of certain individual departmental managers and immediate management staff is the responsibility of.the City Administrative Officer. NOW, THEREFORE, BE IT RESOTVED by the Council of the City of San Luis Obispo as follows: Section 1. A managerial salary plan is an important component of a comprehensive compensation policy. In order to remain competitive with the professional marketplace and promote merit and performance as the criteria for individual salary determinations, the following open =range Management Salary Schedule (Table "A ") for fiscal year 1985 -86 is authorized. Subsequent changes in any group salary range shall be authorized by Council resolution. R 5756 Resolution No. 5756 Page 2 (1985 Series) MA V GEMENNT -SALARY- SCHEDULE'_ -FISCAL -YEAR 1985 =86 1985 -1986 Management -Group Management "Position Salary-Range I City Administrative Officer $4300 - $4900 II City Attorney $3900 - $4500 III City Clerk $2500 - $3100 IV Public Works Director $3700 - $4300 Fire Chief Police Chief Ccn unity Development Director V City Engineer $3300 - $3900 Finance Director Utilities Manager VI Personnel Director $2900 - $3500 Recreation Director Asst. City Administrator Officer VII Asst. to the City Administrative Officer $2000 - $2600 Section 2. For individuals in Management Groups I through III, the City Council shall determine ccmpensation; including salary within the designated ranges, after evaluating performance, the management profession; and funding constraints. Section 3. The City Administrative Officer is responsible for and shall be held accountable to the Council for the performance and evaluation of subordinate management staff. The City Administrative Officer shall evaluate and determine individual levels of salary for positions within management groups IV through VII in accordance with professional compensation principles. Such determinations shall reflect merit and performance as the standard and basis for managerial Resolution No. Page 3 (1985 Series) cmpensation. Such determinations shall be within the respective monthly salary ranges specified in Section I and may include increases, no change or decreases in salary levels within the designated range. Further, the City Administrative Officer is authorized to implement salary level determinations by phases during a fiscal year. Section 4. The City Council hereby delegates the authority to the City Administrative Officer to determine the salary of the Assistant City Administrative Officer. This supersedes the first sentence of Section 2 of Resolution No. 4872 (1984 Series). In all other respects Resolution No. 4872 shall remain in full force and effect. Section 5. The salary determination within the approved range for management employees in ranges IV through VII who report to other management employees shall be jointly determined by the supervising manager and the City Administrative Officer. Section 6. The City Administrative Officer is authorized to grant one -time Performance Awards of $250 -$750 to employees in ranges IV through VII for either exceptional specific performance or sustained outstanding performance. Section 7. The Management Fringe Benefits attached hereto as Exhibit "A" shall continue during fiscal year 1985 -86.. The City shall contribute a maximum of $268.30 per month for the Medical; Dental; Vision coverage. The Management Life .Insurance and Long -Term Disability insurance shall continue to be directly funded by the City. Section 8. The City Administrative Officer shall be authorized to grant five percent (5%) percent cost -of- living adjustments to employees in Ranges IV through. VII for the 1985 -86 fiscal year commencing July 1. 1985. Resolution No. 5756 (1985 Series) Page 4 Section 9. The total annual cost for the cost -of -living raises and one -time performance awards for employees in Groups 1V through VII for fiscal year 1985 -86 shall not exceed five percent (5%) of total existing year -end cessation for the previous fiscal year. On motion of Councilman Settle and on the following roll call vote: seconded by Councilman Griffin, AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of August , 1985. City Administrativeloffider ae'P, a "Wo (n" zn"; WPersRmfel Director FirvhC,6> p6pzm6_1 Gi�.e. RESOLUTION NO. 5755 (1985 Series) A RESOLUTION OF THE WUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING FEES FOR PLANNING, BUILDING, AND ENMOMUNG SERVICES WHEREAS, the Council reviewed the city's past and present appeal procedures and fees at its July 18, 1985 meeting; and TEAS, the Council is committed to encouraging active public participation in the city's decision making process and MMMAS, the Council determined that an appeal fee is a barrier to reasonable challenges of administrative and advisory body decisions; and WHEREAS, the Council concluded that no fee should be charged to those wishing to appeal administrative and advisory body decisions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to various provisions of the municipal code, this council hereby establishes fees for Planning, Building and Engineering services as noted in attached fee schedule marked as Exhibit A. SECTION 2. The following fee resolutions and all other fee schedules in conflict herewith are hereby rescinded: Resolution No. 5009 (1983 Series) SECTION 3. The fees set forth in this resolution shall become effective upon adoption of this resolution. On Notion of "CouncilmariSettle- , seconded by -- Councilman- Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None R 5755 o Resolution No. 5755 (1985 Series) Page 2 the foregoing resolution was passed and adopted this 66th day of August, 1985. ...,rlfaD City Administrative 0 ficer City ,Vorney// B. Subdivision Services 1. EXHIBIT A $150.00 2: FEE_SCHEDULE $150.00 LAND USE OR_.LAND DIVISION - ACTIVITY Subdivision - Minor Land Division A. - Zoning Services FEE 1. Sidewalk Sales Permit No Fee 2. Home Occupation Permit. $ 25.00 3. School Tenant Permit $ 25.00 4. Administrative Use.Permit $ 50.00 5. Planning Commission Use Permit $360.00 6, City Council Use Permit $360.00 7. City Council,Downtown Housing Conservation.Permit $360.00 8. Variance $220.00 9. Planned Development Rezoning 7. Final Map Time Extension Request Preliminary Plan $360.00 Parcel Map Precise Plan $150.00 10. Rezoning (not a part of a general plan amendment) Map $360.00 Text $300.00 11. Time Extension Request $ 50.00 B. Subdivision Services 1. Subdivision - Lot Line Adjustment $150.00 2: Subdivision - Lot Combination $150.00 3. Subdivision - Minor Land Division $25040 4. Subdivision - Parcel Map Tentative Map $275.00 Final Map $275.00 5. Subdivision -Tract Map Tentative Map $615.00 Final Map $675.00 6. Certificate of Compliance 1 to 9 parcels $150.00 10 or more parcels $200.00 7. Final Map Time Extension Request Parcel Map $ 50.00 Tract Map $100.00 -1- 0 C.--,-Miscellaneotis-,PiaCrining Services 1. Environmental Impact. Determination 2. Envirormental Impact Report Preparation 3. Sign Permit (Building pildi g & Electrical pe rmits not incl(ided) Pole or Monument Sign All Other Signs 4. Architectural Review Signs D&Velopmefit Projects Minor/Incidental-Projects 5. Street Name Change 6. Street Abandonment 7.. Surplus Property Determination 8. Condominium Conversion 0. Applicant Requested Continuation 10: time. Extension Request 11. Plan Rdvisions 12. Special Research 13. Appeals II. GKIERAL PLAN. SPECIFIC PLAN. ANMATION ACTIVITY A. Specific-Plan li Initial Plan Review 2. Amendment B. General Plan Amendment 1. Map (includes rezoning) 2. Text C. Annexation -2- $ MOO l6t of contract cost $ 2-5.00 $. 15.00 $ 25.00 $156.00 $ 25.00 $ 15.00 $280.00 $100.00 $400.00 $ 40.00 $ 50.00 Actual.Cost Actual Cost no fee $450.00 $350.00 $450.00 $350.00 $450.00 O III. CONSTRUCTION PERMITS A. Building Fees - General Application 1. For newly constructed buildings and additions,. a single all inclusive combination permit will be issued. The fees therefor shall be determined by increasing the basic .building permit fee by 40 %. This is to cover the cost of additional time spent inspecting the electrical, mechanical, plumbing and other features of the building not covered by the basic fee. 2. For building alterations and remodels, the fees for electrical, mechanical, plumbing, etc., will be taken from the appropriate schedule(s) on a unit cost basis, and added to the basic building permit fee. 3. The minimum fee.fbr any permit shall be $15.00 plus a $5.00 issuing charge. 4. Fees for prefabricated, fully assembled factory built structures shall be 60% of those set forth in .Section B below without the 40% add on. 5,. The determination of valuation for a building or structure shall be made by the Building Official by utilizing the most recent cost per square foot figures shown in the current issue of the Building Standards Monthly published by the. International Conference of Building. Officials. 6. The valuation of any work for which a permit is regTired may be the actual cost of the work when verified by a copy of a signed contract for the.work. B. Building Permits • • 1. $1.00 to $500.00 2. $501.00 to $2,000:00 3. $2,001.00 to $2- 5,000.00 -3= FEE $15.00 $15..00 for the.first.$500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including $2,000.00 $37.50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 TOTAL VALUATION 4. $25,001.00 to $50,000.00 5. $50,001.00 to $1000000.00 6. $100,001.00 and up M FEE $175.50 for the first $25,000..00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $288.00 for the first $50,000.00 plus $3.00 for. each additional $1,000.00 or fraction thereof, to and including $100,000.00 $438.00 for the first $100,000.00 plus $2.50 for each additional $1,000.0.0 or fraction thereof C. Electrical Permits For the alteration, installation, relocation, replacement, or repair. of the following (replacement of non =fixed appliances does not require permits): _. 1. Meter Set S7.00 (1st) + $3 00 each 2. Circuits, Feeders & Services 3. Switchboards, to 400 AMP 4. Switchboards, 400 to 1000 AMP 5. Switchboards, over 1000 AMP 6. Branch Circuit Panels - Load Centers 7. Motors 8. Range & Oven (residential) 9. Dryer (residential) 10. Water Heater.(residential) 11. Water Heater (commercial) 12. Lighting Standards 13. Alterations 14. Space Heat (Cable) 15. Space Heat (unit heaters) 16. Temporary Service Pole 17. Transformers 13. 'X -Ray Units & Equipment 19. For equipment or appliances regulated, but not listed -4- additional at same location $2.00 each $10.00 each $15.00 each $25.00 each $5.00 each $3.00 to 5 H.P. + 500 each. additional H.P. $3.00 each $5.00,together $3.00 $3.00. $5.00 $5.00 (lst) + $1.00 each additional $15.00 20 /square foot $5.00 (lst) + $1.00 each additional at same location $15.00 (1st_) + $5.00 each additional at same location $5,00 to 5 RVA.+ 500 each additional KVA $5.00 $15.00 each. D. Mechanical Permits For the alteration, installation, relocation, replacement or repair of the following: 1. Furnace (FAU) less than 100 MBTU /H 2: Furnace (FAU)100 MBTU /H & Over 3. Heater- Floor., Suspended, Wall 4. A/C Unit, Boiler; or Compressor: 3 H.P., 3T, 60.MBTU /H or less 4 H.P., 4T, 61 MBTU /H & Larger 5. Air Handling Unit /Evaporative Cooler - 1st 1000 CFM 6. Appliance Vent /Single Duct Exhaust 7. Multiple duct ventilation system (This is in addition to the appliance fee). 8. Dryer, Gas (commercial) 9. Commercial Grease Hood 10. Factory package A /C-. Heating Unit 11: For equipment or appliances regulated but not listed $6.00 each $6.00 + lOF each additional 1000 BTU /H $10.00 each $6.00 each $6.00 + 10c each additional H:P_ -T. or 1000 BTU /H $6.00 + 10o each additional 1000 CFM $5.00 each. lc /lineal foot of duct $7.50 $25.00 each $6.00 + l0p each 1000 BTU /H cooling $15.00 each E. Plumbing.Permits For the alteration, installation,. relocation, replacement or repair of the following: 1. Each plumbing fixture or trap $3.00 each 2. Rainwater drains (inside building) $3.00 each 3. Water Heater, including vent (Domestic) $5.00 each 4. Water Heater-, including vent (Commercial) $7.50 each 5. Gas /Water outlets (1st four (4) outlets) $2.00 + 50c each additional outlet 6. Clothes Washer (commercial laundry) $5.00 each 7. Clothes Dryer (commercial laundry) $5.00 each 8. Garbage Disposal (commercial) $3.00 each 9. Dishwasher (commercial) $5.00 each -5= 0. 10. Steam Kettle (commercial) 11. Steam Table (commercial) 12. Backflow Prevention Devices (except RP type) 13. Backflow Prevention RP Type 14. Grease Trap 15. Private Sewage Disposal System 16. Sewage Ejector (residential) 17., Sewage Ejector (commercial) A. Building Sewer . 19. Fire Sprinklers: Riser 20. Fire Sprinklers: Heads 21c For equipment regulated, but not listed F. Solar Permits 0 $3.00 each $3.00 each $2.00 each $5.00 each $5.00 each $10.00 ± 500/lineal foot of leech field $5.00 each $7.50 each $10.00 each $5:00 each $ .50 each $15.00 each 1. Collectors (including related piping, regulating devices and attachment to a structure).. _ ..each $5.00 2. Storage Tanks (including related piping and regulating_ devices).....-.1st 100 gallons........$5.00 + 50p each additional 100 gallons 3. Rock Storage...lst 100 cubic feet6..$3.00 + 50C each additional 100 CF 4. Connection to domestic water piping ..... $2.00 5. Connection to house electrical system ..... $2.00 6. Electrical Motors: Up to 5 H.P. .....$3.00 + 50C each additional H.P. 7. For each appliance or piece of equipment regulated, for which no fee is listed......$15.00 G. Swimming Pool Permits 1. Private Pool (up to 300 square feet surface area) $60.00 2. (Each additional 100 square feet or fraction thereof) $10.00 3. Public Pool (up to 300 square feet surface area) $100.00 4. (Each additional 100 square feet or fraction thereof) $10.00 NOTE:: These fees include all electrical, mechanical, plumbing and solar systems associated with the pool. Qcfl 0 H. Dock Permits All types of Docks.. ..... ..$30.00 I. Tent Permits All tents requiring permits........... 425.00 J. House Moving-Permits In addition to the fees charged as set forth in Section B above, the following fees shall apply; 1. For inspecting a.building within the City:: ) ($15 /hr.- 1 hour. minimum) 2. For inspecting a building outside the City: ) ($15 /hr.- 1 hour minimum) plus 35C /mile from City Hall to the building site and return. K. Demolition Permits 1. When pedestrian protection is required... ....... $30.00 2. When no pedestrian protection is required.... ... $15.00 L. Parking Lot - Permits 1. Parking lots with 10 or less spaces ..... ......... .$25.00 2. Each additional 25 spaces or fraction thereof........ $5.00 3. Plan checking_: fees shall be 1/2 the permit fees M. Garden Wall & Retaining.Wall Permits to determine value:, 1. The value of garden walls is to-be determined by using $5.00 /square foot of wall, area (length times ,`height). 2. The value of retaining walls is to be determined by using $5.00 /square foot of wall area (length times height) for walls 3' or less in height. For walls over 3:' high, the value shall be $5.00 /square foot + $1.00 /square foot.for each additional foot of wall height or fraction thereof. FEES: For both garden and retaining wall fees., Section B above shall be used after the value has been determined. -7- N. Other Inspection Fees 1. Inspection outside of normal business hours (minimum charge two hours)..,..$15.00 per hour 2. Reinspection fee assessed under provisions of Section 305(g).....$15.00 each . 3. Inspections for which no fee is.specifically indicated (minimum charge - one hour) ..... $15.00 per hour 4. Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one hour).. - ..$20.00 per hour 0. Grading Permits 1. Grading Plan Check 50 cubic yards or less $15.00 51 to 100 cubic yards $30.00 101 to 1000 cubic yards $45.00 1001 to 10;000 cubic yards $60.00 10,001 to 100,000 cubic yards $60.00 for the first 10,000 cubic yards plus $15.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 to 200,000 cubic yards - $195.00 for the first 100,000 cubic yards plus $10.00 for each additional 10,000 cubic yards or fraction thereof.. 200,001 cubic yards or more - $285.00 for the first 200,000 cubic yards plus $5.00 for each additional 10,0.00 cubic yards or fraction thereof. 2. Grading Permits 50 cubic yards or less $25.00 51 to 100 cubic yards $35.00 101 to 1000 cubic yards - $35.00 for the first 100 cubic .yards plus $10.00 for each additional 100 cubic yards or fraction thereof. 1001 to 10,000 cubic yards - $125.00 for the first 1000 cubic yards plus $10.00 for each additional 1000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards - $215.00 for the first.10,000 cubic yards plus $30.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more - $485.00 for the first 100,000 cubic yards plus $20.00 for each additional 10,000 cubic yards or fraction thereof. -8- IV. ENGINEERING-AND PUBLIC WORKS SERVICES A. tree Removal Permit No Fee B. Gurb, Gutter, Sidewalk & DriVeway Ramp Permit $ 15-00 C. Excavation Permit (work within public right -of -way) t-of-way) $ 15.00 D, Transportation Permit $ 15.00 V. DOCUMENT-SALES AND-SPECIAL-SERVICES A. Books, Reports,._ MaOs, Copying 1. Preprinted Documents 2-. City Publications/Documents 3. Map Reproduction 4. Copying B; Agenda.Subscriotlons (Annual) 1. Agenda Only - Architectural.Review and Planning Commission 2. Complete Agenda Packet = Architectural Review & Planning Commission 0 Actual Cost + 20% Actual Cost + 20% Actual Cost + 20% 15c. per -page $ 20.00 $120.00 f l 0 VI. SPECIAL RESEARCH /PROJECTS When the Community Development Director, City Engineer or Public Works Director determines that additional.charges are warranted to cover actual costs for services and for major projects or special projects, hourly charges shall be as follows: Staff -Posit -ion Community Development. Director Public Services. Director City Engineer Utilities Engineer Senior Planner Supervising Civil Engineer Chief Building, Official Civil Engineer Engineering Field Su pery §or Associate Planner Plan Check Engineer Engineering Assistant Surveyor Assistant Planner Public Works Inspector Building Inspector Planning Technician _ Graphic Services Coordinator Tree Maintenance Technician . Engineering Technician Drafting Technician Secretary VII: REFUNDS Hourly Rate $30.00 $30.00 $30.00 $22.00 $20.00 $20.00 $20.00 $18.00 $18.00 $17.00 $16.00 $16.00 $16.00 $15.00 $15.00 $15.00 $13.00 $13.00 $13.00 $13.00 $12.,00 $11.00 Refunds of. any portion of fees for withdrawn or partially completed Projects shall be determined by the Community Development Director, City Engineer, or Public Works Director, based on code requirements and /or his appraisal of the cost of staff work performed. -io- C -. RESOLUTION NO. 5754 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE SAN LUIS OBISPO AREA COORDINATING COUNCIL. WHEREAS, that certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference approving an agreement between the city and the San Luis Obispo Area Coordinating.Council Is hereby approved and the Mayor is authorized to execute the same. NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo Area Coordinating Council, County Government Center, San Luis Obispo, CA 93408. On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of Finance Dire I or R 5754 ® 6 FY 84/85 JOINT POWERS AGREEMENT SAN LUIS OBISPO AREA COORDINATING COUNCIL THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended on November 4, 1982, and September 19, 1984, by and among such of the incorporated cities of Arroyo Grande, Atas- cadero, El Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement, hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500, et sen., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto, by virtue of Sections 65600 through 65604, inclusive, of the California Government Code have the joint and mutual power to create an area planning commission, herein designated "San Luis Obispo Area Coordinating Council. WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and 0 0 JOINT POWERS AGREEMENT PACE 2 WHEREAS, Section 29532, California Government Code, provides that such a Planning and Coordinating Council shall be designated the Regional Transportation Planning Agency to act in matters of transit and transportation planning; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solutions to common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various governmental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, creation of such an agency and action by it upon certain plans and programs is necessary to comply with requirements of federal and state legislation in order to participate in the allocation and disbursement of state and federal funds which may be desired by COUNTY and CITIES in the implementation of plans and programs which have been approved by their respective governing bodies. NOW, THEREFORE, it is agreed as follows: I. PURPOSE The San Luis Obispo Area Coordinating Council is organized for the permanent establishment of a forum for planning, discussion and study of area —wide problems of mutual interest and concern to COUNTY and to CITIES; for the development of studies and adoption of regional plans; to serve as a regional agency for certain federal and state programs; and for tither actions commensurate with the desires of the memher governments. r� JOINT POWERS AGREEMENT PACE 3 11. NAME; The official name of the organization hereby created shall be the "San Luis Obispo Area Coordinating Council.. III. POWERS The San Luis Obispo Area Coordinating Council hereinafter called "Area Council," is hereby created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to carry out the purposes hereinabove stated and to implement the annual work program approved by COUNTY and CITIES, including the power to contract for goods and services; to provide for employment of necessary personnel, experts and consultants.; to accept gifts, loans, grants; and to administer the affairs of the Area Council hereby created in accordance with this Agreement. Pursuant to Section 6508.1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the Area Council shall not be the debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise provided Herein. IV. MEMBERSHIP 1. Membership in the Area Council shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future, are declared eligible for membership in the Area Council. 2. Representatives of thy= rOUi•1'r1' :anti CITIES shall be appointed to serve on the Area Council i.n accordance with procedures established by each of the governing bodies of the m(:mher agencies. Representatives to JOINT POWERS AGREEMENT PAGE 4 the Area Council shall consist of the five members of the Board of Supervisors of the County of San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment.. 3. Member agencies may elect to have an alternate member in addition to any official member, but said alternate shall be able to vote onlv in the absence of the official representative. 4. Designation of the official representative or alternate, or changes thereto, shall be transmitted in writing to the Executive Director of the Area Council by the appointing city or the county. 5. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the Area Council may do so by executing this Agreement without prior approval or ratification of the named parties to this Agreement and shall thereafter be governed by all the terms and provisinns of this Agreement as of the date of execution. 6. Membership shall be cnntin ?ent upon the exeCUtinn Of this Joint Powers Agreement and subsequenL annum ratification. 0 JOINT POWERS AGREEMENT PACE 5 V. OPERATION 1. The powers of the Area Council are advisory to the member agencies which execute this Agreement except for those actions mandated by state or federal law for the processing of applications submitted by any of the member agencies for federal and state grants or funds which require action by the Area Council. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood., however, that the recommendations of the Area Council may have the effect of precluding any favorable action by an agency of the state of federal government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by Area Council pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said Area Council, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. All costs incurred by Area Council performing functions as the regional transportation agency for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seq., Government Code as provided for therein. < ;. . a f p cf t X1.4 0 0 JOINT POWERS AGREEMENT PAGE: 6 3. Costs of Area Council for each fiscal year which are necessary for the ordinary operation of the Area Council, including but not limited to office space, furniture, supplies and postage; and excepting those functions performed as the regional transportation agency, shall be borne by COUNTY in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the Area Council shall be borne by contributions from the member entities as approved by their governing bodies. Costs of all activities undertaken by Area Council as the Regional Transportation Planning Agency shall be set forth in the budget as part of the annual work program of Area Council and shall be funded from the transportation fund pursuant to applicable state statutes. 4. The annual work program and budget, when adopted shall be the basis for operation of Area Council for the fiscal year. Any deviation from the work program affecting the budget shall. be returned to the member agencies for approval. 5. For purposes of conducting business, there shall he present a quorum consisting of a majority of representatives, including two COUNTY representatives. No action shall be effective without the affirmative votes of a majority of representatives. However, eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote. The representatives to the Area Council shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of Area Council in an orderly manner. .s F 'i JOINT POWERS AGREEMENT PAGE 7 VI. OFFICERS 1. The officers of the Area Council shall consist of a President and Vice - President elected for .a term of one year by a majority vote of member agency representatives to the Area Council. 2. Both the President and Vice- President of Area Council shall be elected at the May meeting (annual meeting). 3. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: a. President 1) Shall preside over all meetings of the Area Council as Chairman. 2) Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said Area Council. 4) Shall be an ex- officio member of all committees. 5) Shall execute all contracts and legal documents on behalf of the Area Council. b. Vice - President 1) Shall serve as Chairman pro - tempor in the absence of the President. 2) Shall give whatever aid necessary to the President in administering of the Area Council. 3) Shall be an ex-officio member of all committees. 5. In the event of a vacancv occurring in the office of either the President- or Vice - President upon :;aid officer's death, resignation, s , 0 D JOINT POWERS AGREEMENT PAC E S removal or his ceasing to be an official representative of a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the Area Council, the officer elected to serve for the balance of the unexpired term. VII. STAFF 1. The Area Council shall appoint an Executive Director to serve at its pleasure, who will perform the following duties and such others as may be assigned by Area Council. a. Prepare and submit the annual. work program and budget. to the Area Council for its approval and to the parties hereto for ratification. b. Shall keep an accurate account and file of all meetings. C. Shall disburse all funds in accordance with the policies of the County - Treasurer and the County Auditor /Controller and the budget and work program adopted by the Area Council. d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the Area Council on all committees. f. Shall insure that Area Council renders a written year end report reflecting activities of the preceding fiscal year, said year end report to be. distributed to each of the participating member bodies. g. Shall be responsible for directing those employees rnIthoriz,ed by the Area Council in the budget. Employees ire to be appointed by the Area Council on the JOINT POWFJtS AGREEMENT PAGE 9 recommendation of the Executive Director and to serve at the pleasure of the Area Council. 2. The Executive Director of the Area Council shall have charge of, handle and have access to, any property of the Area Council. 3. The Executive Director, Treasurer, and Auditor - Controller shall be bonded or self- insured through the county in -lieu of bonds (in accordance with Government Code Section 24156) in the sum of WOO. VIII. MEETINGS 1. Regular meetings of the Area Council shall be held at least ,six (6) times a year or at more frequent intervals as approved by the Area Council. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of the Area Council. Actual notice of special meetings must be given at least three (3) business days in advance. 3. Meetings shall be open to the public 4. Regular meetings shall be held in March, May, July, September and November. designated the "annual meeting." 5. The Executive Director of the Ar as required by state law. the first week of January, The May meeting shall be !a Council will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of the Area Council or vote on any motion before the Area Council. 7. The meetin agenda shall he prepared by the Executive Director to the Area Council. Agenda material sha11 be submitted to tle Executive -i i r, .JOINT POWERS AGREEMENT PAGE 10 Director at least twenty -one (21) calendar days prior to the next regular meeting and distributed to members at least fourteen (14) calendar days prior to the next regular meeting to allow member agencies to instruct their representatives on voting direction. Unless authorized by majority vote of the representatives at a regular meeting, only agenda items shall be considered by the Area Council. 8. The Area Council, at the discretion of the President, may memorialize any of its actions by resolution. 9. Robert's Rules of Order or such other rules as the Area Coupcil may adopt will- govern all proceedings not specifically provided for herein. law. 10. Executive sessions shall he held in accordance with applicable Ll. The Area Council shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all Area Council meetings shall be kept by the Executive Director to the Area Council and shall be submitted to member agencies. IX. COMMITTEES 1. Committees and subcommittees may be established as the Area Council may (teem appropriate. 2. Membership on committees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these aforesaid committees to offic.iaLs of. the member agenctes. The President may appoint any individual deemed qualified to serve on a i 1 JOINT POWERS AGREEMENT PAGE 11 committee. Standing committees shall include the Administration Committee, comprised of all managers and administrators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agency planning officials nominated by their respective agencies; the Public Works Committee, comprised of all agency engineering officials nominated by their respective agencies; and the Transportation Committee. The Area Council may organize such other technical advisory committees as it deems necessary to carry out Area Council functions. 3. No committee shall commit the Area Council on any matter or questions of policy. Such matters or questions can only be decided by the Area Council. 4. All committees shall receive clerical assistance from the Area Council staff for the purpose of maintaining minutes of meetings and other such duties as the Executive Director may direct. The chairman of each committee shall sign the original copy of the minutes indicating his verification of contents. Copies of minutes of all meetings shall be sent to members of the Area Council and the Executive Director. X. FINANCE 1. The Area Council shall have no power to expend funds on any project for which funds have not been budgeted, nor on any item in excess of the budgeted amount without specific approval of two — thirds of the governing bodies of the member agencies including COUNTY. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and he sha11 have custody of all money of the Area Council JOINT POWERS AGREEMENT PAGE 12 from whatever source received. It is further understood that the Auditor /Controller of the County of San Luis Obispo is, as such, auditor of the Area Council. XI. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of the Area Council or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come before the Area Council, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. 2. Any party to this Agreement may withdraw from the San Luis Obispo Area Coordinating Council and terminate its participation in this agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. 3. A member withdrawing shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to Area Council, provided, however, that Area Council may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can he done without jeopardy to the operation of the Area Council. If any party hereto fails to pay its contribution, ,as determined by Area Council, said entity shall be deemed to have voluntarily withdrawn from the Area Council. i O 0 JOINT POWERS AGREEMENT PAGE 13 4. Area Council may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescision Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of Area Council in proportion to the contributions made. XII. EFFECTIVITY This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. JOINT POWERS AGREEMENT CITY OF ARROYO GRANDE By: Date: Mayor Resolution No. Clerk i s x JOINT POWERS AGREEMENT PAGE 14 CITY OF ATASCADERO By: Mayor C Date: Minute Order Date: Resolution No. Date: Resolution No. Date: Minute Order Clerk CITY OF PISMO BEACH By: Date Mayor Minute Order Clerk ate: August 6, 1985 esolution No. 5754 Clerk CITY OF GROVER CITY By: Mayor Clerk CITY OF MORRO BAY By:. Mayor Clerk CITY OF PASO ROBLES By: Mayor C Date: Minute Order Date: Resolution No. Date: Resolution No. Date: Minute Order Clerk CITY OF PISMO BEACH By: Date Mayor Minute Order Clerk ate: August 6, 1985 esolution No. 5754 JOINT POWERS AGREEMENT PAGE 15 COUNTY OF SAN LUIS OBISPO By: Chairman ms/hf/45/0663 Ll Date: Minute Order Clerk