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HomeMy WebLinkAbout5850-5899RESOLUTION NO. 5899 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 3, 1986, AND TO BE CONSOLIDATED WITH THE STATE -WIDE PRIMARY ELECTION TO BE HELD ON SAID DATE FOR THE PURPOSE OF VOTING TO AMEND SECTION 609 OF THE CITY CHARTER ENTITLED "VIOLATION OF ORDINANCES" WHEREAS, current law does not expressly authorize a misdemeanor charge brought against a person for a violation of the Municipal Code to be reduced to an infraction; and WHEREAS, it is highly desirable to provide for as much flexibility as possible in prosecutions under the Municipal Code in order to resolve situations arising out of Municipal Code violations in a fair, efficient and reasonable manner. NOW, THEREFORE, BE IT RESOLVED by the Council of San Luis Obispo as follows: 1. There is hereby called and ordered in the City of San Luis Obispo, County of San Luis Obispo, State of California, on Tuesday, June 3, 1986, a Special Municipal Election of the qualified electors of the City, to be consolidated with the State -wide Primary Election, to vote upon a measure to amend City Charter Section 609. 2. That Section 609 of the City Charter of the City of San Luis Obispo shall be amended to read as follows: "SECTION 609. Violation of Ordinances. The violation of any ordinance adopted and published by the City Council shall constitute a misdemeanor unless by ordinance it is made an infraction, provided that the City Attorney may elect to prosecute any misdemeanor as an infraction. Both R 5899 Resolution No. 5899 (1986 Series) f i Page 2 misdemeanors and infractions may be prosecuted or may be redressed in the manner provided by the general law of the State." 3. The proposition to be voted on at said Special Municipal Election shall be set forth substantially as follows: CITY MEASURE "C" VIOLATION OF ORDINANCES. Shall the City YES Charter be amended to allow the City Attorney to prosecute misdemeanors NO 0 as infractions? 4. The proposition shall pass only if a majority of the votes cast by voters for the Charter amendment are "YES" votes. On motion of Councilwoman Dovey, seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 4th day of February 1986. MAftA RON DUNIN Resolution No. 5899 (1986 Series) Page 3 a s s Approved: nn Clv-� d City Administrativ 0 icer TT 1 ' RESOLUTION NO. 5898 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 3, 1986, AND TO BE CONSOLIDATED WITH THE STATE -WIDE PRIMARY ELECTION TO BE HELD ON SAID DATE FOR THE PURPOSE OF VOTING ON AMENDING SECTION 410 OF THE CITY CHARTER ENTITLED "COMPENSATION" l WHEREAS, Section 410 of the City Charter entitled "Compensation" has ambiguous, and inconsistent language; and WHEREAS, it is desirable to provide the Council an opportunity to review and consider on a regular basis and in a manner which is clear, efficient and consistent with other Council authority, appropriate adjustments to the level of compensation to be received by the Mayor and Councilmembers. NOW, THEREFORE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. There is hereby called and ordered in the City of San Luis Obispo, County of San Luis Obispo, State of California, on Tuesday, June 3, 1986, a Special Municipal Election of the qualified electors of the City, to be consolidated with the State -wide Primary Election, to vote upon a measure to amend City Charter Section 410. 2. That Section 410 of the City Charter of the City of San Luis Obispo shall be amended to read as follows: "SECTION 410. Compensation. The Mayor and each Councilmember shall receive compensation for services, �� �49V, payable monthly, with 'the Mayor i9dii �d gqVVi gfgVVl 4 receiving greater compensation ff# W# df than the other Councilmembers. Resolution No. 5898 (1986 Series) Page 2 tbk 6kbhfibkb dbbbHkb tbb bal i,bbb Ah"I bk bkddit'iluA6Al. Compensation for Mayor and Councilmembers shall be reviewed /, dbd 4664 kiiibAikd/, ddJbbikd biennially in bdd even- numbered years. Atthkilkk bbd§ dl. When warranted, said compensa- tion may be adjusted by Council resolution, to be effective January 1st of the year following the review. The compensation rate may be revised by the electorate by initiative. 1 0 00000000fJ00 g¢# f00 Mayor and Counci lmember# 0011 000410 expenses incurred for official business shall be reimbursed." 3. The proposition to be voted on at said Special Municipal Election shall be set forth substantially as follows: CITY MEASURE "B" COMPENSATION. Shall Section 410 of YES E-7 the City Charter be amended to clarify NO r_1 the procedures for adjustments to Council compensation? 4. The proposition shall pass only if a majority of the votes cast by voters for the Charter amendment are "YES" votes. On motion of Councilwoman Dovey, seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None Resolution No. 5898 (1986 Series) i Page 3 The foregoing Resolution was passed and adopted this 4th day of February , 1986. It Y RON DUNIN ATTEST: V CI I CLERK PAMELA OGES s s Appro City Administra ive 0 fic r F P is RESOLUTION NO. 5897 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY JUNE 3, 1986, AND TO BE CONSOLIDATED WITH THE STATE -WIDE PRIMARY ELECTION TO BE HELD ON SAID DATE FOR THE PURPOSE OF VOTING UPON A PROPOSED CHARTER AMENDMENT WHICH WOULD DELETE SECTION 727 ENTITLED "VOTER APPROVAL OF ANNEXATIONS" WHEREAS, the state courts have determined that annexations of territory to cities is regulated under state statutes and that a local charter provision reguiring voter approval of annexations is in conflict with state law; and WHEREAS, based on the above, this Council finds that Section 727 entitled "Voter Approval of Annexations" should be deleted from the City Charter of the City of San Luis Obispo. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. There is hereby called and ordered in the City of San Luis Obispo, County of San Luis Obispo, State of California, on Tuesday, June 3, 1986, a Special Municipal Election of the qualified electors of the City, to be consolidated with the State -wide Primary Election, to vote upon a measure to repeal City Charter Section 727. 2. Section 727 of the City Charter of the City of San Luis Obispo shall be amended to delete this section in its entirety as follows: "SECTION 727. Voter Approval of Annexations. Except for territory which is dedicated solely and entirely to a permanent public use, no annexation of territory to the City shall become effective until approved by a vote of the people at a general or special election held after the final decision by the Council to annex such territory (amended June 6, 1978 - Measure 'G') ". R 5897 I I Resolution No. 5897 (1986 Series) I Page 2 3. The proposition to be voted on at said Special Municipal Election shall be set forth substantially as follows: CITY MEASURE "A" VOTER APPROVAL OF ANNEXATIONS. Shall the City YES Q Charter be amended to repeal Section 727? NO Q 4. The proposition shall pass only if a majority of the votes cast by voters voting on the Charter amendment are "YES" votes. 5. The City Clerk shall certify to the passage and adoption of this Resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. On motion of Councilwoman Dove); seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 4th day of February, 1986. ATT ST: CIr CLERK PAIML VOGES' s Ap ro d: City Administrarilke Offi r City Qftorney MAYO RON DUNIN * : s C ty Clerk i ; . -; ! - 1 '.) 2, ",'W! I I : ; j u !. t1 2,..•i! T T' Ij All 'I U 101 1- ✓13 YE, T T' � 1 RESOLUTION NO. 5896 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING APPEAL FROM CHUMASH VILLAGE INVESTMENTS OF A DECISION AND ORDER OF THE MOBILEHOME RENT REVIEW BOARD DATED OCTOBER 3, 1985 WHEREAS, the Superior Court of San Luis Obispo County, the Honorable Harry Woolpert, has issued a Writ of Mandate requiring certain actions by the City of San Luis Obispo in Chumash Village Investments v. City of San Luis Obispo, Case No. 58207; and WHEREAS, pursuant to and in strict compliance with said Writ of Mandate the City's Mobilehome Rent Review Board ( "Board ") has conducted extensive and exhaustive hearings in this matter under the provisions of Chapter 5.44 of the San Luis Obispo Municipal Code; and WHEREAS, said Board issued a Decision and Order on October 3, 1985, denying a rent increase previously requested by applicant and appellant, Chumash Village Investments; and WHEREAS, the Council held a public hearing on December 16, 1985, to consider the merits of the appeal wherein oral argument from various parties was taken; and WHEREAS, the Council has carefully considered all relevant facts and circumstances in this matter. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The appeal by Chumash Village Investments is denied. SECTION 2. The Council adopts as its own the Decision and Order, including the findings therein, of the Board dated October 3, 1985, with modifications and supplemental findings as noted below. R 5896 r SECTION 3. General Finding I -4 of the Board's Decision and Order is modified to delete the word "profit" and substitute the word "return ". SECTION 4. The Board's Decision and Order of October 3, 1985, is supplemented as follows: General Findings on Methods. A. The MNOI method has several specific advantages over other approaches to just and reasonable return standards: it does not discriminate on the basis of purchase price, cash investment, financial arrangements or fair market property value; it provides an incentive for increased maintenance by allowing for a passthrough of all increases in operating costs; it is not subject to owner control or regulation through voluntary changes in financial arrangements or increases in investment; and the MNOI method is based on objective criteria which are easy to verify, analyze and administer. B. In using the MNOI method, it is particularly appropriate to select as a base year one in which park owners were able to set rental rates in an open market environment. C. A typical prudent investor in real property takes into consideration the tax benefits a potential investment will have, how it affects other investments, and how it meets his or her overall investment goals, expectations and strategies. It is impossible to determine the actual net return generated from a particular investment without considering all of these related factors. It is reasonable to assume that a level of return generated from rental rates capable of being set by the owner under open market conditions, in the absence of specific investment strategy and tax benefit information to the contrary, constituted a just and reasonable return. Specific Findings. A. If, in fact, the applicant (appellant) failed to set rental rates in 1981 sufficient to generate a just and reasonable return, his failure to do so is evidence of poor and inefficient management. B. The applicant's decision to buy the park was imprudent for the reasons cited by the Board in its findings, and in addition, because the applicant ignored the fact that there was a high possibility that rent stabilization would be enacted. This factor alone should have placed the applicant on notice that his plan to raise rents significantly after purchase was unrealistic. C. If applicant had presented to the Board tax benefit and related investment strategy information the Board could have given specific, percentage based rates of return. Without such information, the required rates of return can only be stated as a function of the MNOI method. D. The MNOI method, in conjunction with the other rent increase provisions of Chapter 5.44, allows an owner to obtain a just reasonable return on his property by preserving his net operating income. SECTION 5. In addition to the modifications and supplemental findings described above, the Council makes the following specific responses and findings to the individual points raised in appellant's appeal: A. A reasonable return on applicant's property is that which he receives under the MNOI method when properly applied based on all available information being accurate and complete. B. The present rate of return on applicant's property is that which he received for 1982 as determined by the Board applying the MNOI method. i 1 C. Application of the MNOI method, in addition to the automatic rent increase provisions of Chapter 5.44, allows the applicant to receive a fair return and ensures that all increases in operating costs are passed through to the tenants. The MNOI method satisfies the purposes and intent of Chapter 5.44. D. It was not the intent of the Council in adopting Chapter 5.44 to absolutely guarantee an owner a positive cash return or a specific percentage return on his property. The Council finds that the MNOI method is an appropriate way to determine whether a property owner is getting a just and reasonable return on his property and that the MNOI method is consistent with the provisions of Chapter 5.44. E. The use of 1981 as the base year was appropriate in applying the MNOI method to this appeal since the applicant was free to set rents at whatever level he desired under open market conditions and because it was the first full year he owned the park. F. The applicant's decision to buy Chumash was imprudent for the reasons found by the Board. G. The value of applicant's property in June, 1980 or June, 1983, is irrelevant to the use of the MNOI method to in this case. On motion of Councilwoman Dovey , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of February , 1986. CITY CLERK PAMELA KAYf RON DUNIN * * * * * * * * * * * APPROVED: (dwC— cs City Administrativ Offi r City Att ney Nmash 1 "A RESOLUTION NO. 5895 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING APPROPRIATIONS AND REVENUE ESTIMATES FOR THE 1985 -1986 FISCAL YEAR BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That appropriations be increased as follows: Promotional Coordinating Committee 001- 0555 - 014 -402 Grants In Aid $ 2,700 Human Relations Programs (211) 001 - 0554 - 008 -095 Mobilehome Rent Review Board Secretarial Services 5,000 Personnel 001 - 3025 - 013 -252 Employee Recognition Program 3,300 001 - 3025- 008 -082 Medical Examinations 5,000 001 - 3025 - 002 -012 Printing 2,000 Community Development 001- 4032 - 008 -081 Plan Checking Fees 25,000 Fire Department 001- 8544 - 002 -012 Printing 4,000 001 - 8544- 002 -015 Drafting Supplies 1,000 001 - 8544 - 008 -086 Planning & Research Service 1,000 $49,000 SECTION 2. That revenue estimates be increased as follows: Community Development 001 - 0015 - 046 -010 Plan Checking Fees $25,000 Fire Department 001- 0015 - 045 -020 Map Books 6.000 $31,000 R 5895 On motion of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of February, 1986 MAYO RON DUNIN ATTEST- v City Clerk * *ss * * * * *ss * * * *s *s *s *sss* APPROVED: City Administrative Offic f :,'I wt V? r. ,-1 RESOLUTION NO. 5894 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S ACTION TO REQUIRE A FOCUSED ENVIRONMENTAL IMPACT REPORT FOR A NEW MEDICAL OFFICE BUILDING AT 862 MEINECKE AVENUE WHEREAS, the City Council has held a public hearing on the appeal of the director's environmental determination in accordance with the environmental review process of the city; and WHEREAS, the council has considered the reports of staff, public testimony, testimony and materials submitted by the appellants, including a recently prepared traffic study; and WHEREAS, the potential environmental impacts of the projects have been evaluated in accordance with the California Environmental Quality Act and the city's Environmental Impact Procedures and Guidelines and a focused EIR has been required to address potential traffic and circulation impacts; NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The appeal of the director's environmental determination is upheld. SECTION 2. The City Council hereby requires an expanded initial study to address traffic and circulation. On motion of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Rappa, and.Mayor Dunin NOES: None ABSENT: None R 5894 Resolution No. 5894(1986 Series) Page 2 the foregoing resolution was passed and adopted this 4th day of February, 1986. Mar Ron Dunin ATTEST: APP VED: City Administrati O icer City Att ney Community Development Director 1-111611al?d Fi RESOLUTION NO5893(1986 SERIES) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF NIPOMO STREET AT STENNER CREEK CROSSING BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon a triangular 800 square -foot portion of remnant right -of -way on Nipomo Street at the Stenner Creek Crossing, as shown on the map marked "Exhibit C" attached hereto and incorporated herein by such reference, pursuant to Section 8300 et. seq, of the Streets and Highways Code. SECTION 2. Copies of the map showing the particulars of the proposed abandonment are also on file in the office of the City Clerk. SECTION 3. Tuesday, March 4, 1986, in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full at least three (3) days before the public hearing on the proposed abandonment, in the Telegram- Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment along that portion of the street proposed to be abandoned at least fourteen (14) days before the date set for hearing in accordance with section 8322 of the Streets and Highways Code. SECTION 6. The proceeding to be taken will be subject to reservation by the city of public easements for utilities and street trees, and subject to such other conditions as the council deems appropriate. R 5893 Resolution No. 5893 (1986 Series) Page 2 SECTION 7. The City Engineer shall notify utility companies affected by the proposed abandonment at least ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways Code. On motion of Mayor Dunin . seconded by Councilman Settle and on the following roll call vote: AYES: Mayor Dunin, Councilmembers Settle, Dovey and Rappa NOES: None ABSENT: None the foregoing resolution was passed and adopted this 4th day of February_ 1986. Mayor Ron Dunin ATE' Qity Clerk a la Voges foss (oleo 1:7 Svl�vic�er' 314 q T E• ,/I r��l�/ ���'� • tS ', tiSl .y f *d 8 r N � fn a i : -s C i t n a h k U D ° xs ° Z ygya�s nw W r 2 o y6 ! A' o s j Ie4 a ye b € Mi 9 a i : -s C i n a h k U D A' o s j Ie4 a .F! r � _ fl °off•' ��:' ii � _ YI a m / s f 3p33y � e � a II 0 � J Y o- 3PA J Yg .y 9 J Y C i n a aaa aaa s ye 9 '= g' to x T� a ii v* qq/ P� P�J W g a�8 O a e C LL aa�3 ' 9i ��' 8a ag = �_ �sx "881, °Sa ago Cl a O�i8 z § � a 3 Cc a u .a .• \ o lN).vn.h.uxsmv S EXHIBIT "C" p R9 J_33}JJ_S VNVG g� d ILI LL L e� A 9 C R i� RESOLUTION NO.5892 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1260 (MISSION VILLA) LOCATED AT 795 NIPOMO 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 1260 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in a_ R -3 and R -3 -S zone. 3. The design of the tentative map 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 improvements will not conflict with easements, for access through or use of property within the proposed subdivision. 5. The proposed project will not be detrimental to the health, safety and welfare of persons living or working in the area. 6. The project is granted a negative declaration of environmental impact, subject to the following changes: A. Exterior deck /patios for building I shall be relocated to the east side of building or otherwise screened to limit maximum noise exposure to 60 dBA (Ldn). B. A registered engineer shall certify that. all buildings shall have finished floor elevations at least 1 foot above the 100 -year flood elevation and that the project will not raise flood elevations relative to adjacent properties more than I foot at any point. C. Subdivider shall enter into an agreement and post a bond to protect and preserve trees which are shown to remain on final approved Architectural Review Commission plans. All trees to remain shall be field tagged to verify type, location and condition prior to commencing site work. SECTION 2. Conditions. That the approval of the tentative map for Tract 1260 be subject to the following conditions: R 5892 Resolution NO-5892 (1986 Series) Tract 1260 (Mission Villa) Page 2 1. A minimum of 2.2 vehicle parking spaces shall be provided per dwelling unit, and required parking spaces shall be located on both sides of Stenner Creek proportional to the number of units served. 2. The common open space identified as a recreation area on the plans submitted for architectural review shall be developed in conformance with finally approved architectural plans prior to occupancy. 3. Final map shall be filed and recorded showing a one -lot, air -space condominium subdivision with one phase of development. 4. All units shall be numbered and addressed as per a plan approved by the Community Development Department. 5. Subdivider shall install address identification and directory signing clearly visible from the street at driveway entrances, to the approval of the Community Development Director. 6. Final map shall note entire condominium site is a public utility easement, except areas under buildings. 7. All sewer lines on -site shall be private and shall be maintained by the homeowner's association. 8. All on -site water mains and fire hydrants shall be private. 9. Subdivider shall install on -site traffic control devices, signs, and /or curb markings to the approval of the City Engineer and Fire Department. 10. A 10 foot wide access road shall be provided for creek maintenance to the approval of the Public Works Director. Access road paving shall be eco -block pavers or equivalent porous paving material. 11. Subdivider shall grant an easement for drainage, maintenance, and pedestrian access purposes over Stenner Creek to the approval of the Public Works Director. 12. Subdivider shall install a curb return at the south corner of Nipomo and Brizzolara Streets to the approval of the City Engineer. 13. Frontage improvements, including sidewalk, curb, gutter, and street paveout, shall be installed on Nipomo and Brizzolara Street frontages. Said improvements shall include curb, gutter, and sidewalk at the northwest corner of Nipomo and Peach Streets, to the approval of the City Engineer. 14. All trees shall be field tagged to verify type, condition, location, and disposition before any site work, to the approval of the City Arborist. Resolution No. 5892 (1986 Series) Tract 1260 (Mission Villa) Page 3 15. Subdivider shall install street trees and dedicate 10 foot wide street tree easements along all frontages to the approval of the City Engineer: Tree types shall be to the approval of the Architectural Review Commission. 16. Grading and paving plans shall accommodate trees to remain as shown in approved plans, and subdivider shall enter into agreement and post bond, to ensure preservation of trees, to the approval of the Community Development Department. Existing trees shall be safety pruned to the approval of the City Arborist. 17. Covenants, conditions and restrictions shall be approved by the City Attorney and the Community Development Director prior to final map approval and shall include the following provisions: A. Creation of a homeowner's association to enforce the CC &R's and to provide for perpetual, professional management and maintenance of all common areas including utilities; landscaping, driveways, lighting, walls, fences, and building exteriors in good condition. B. Grant to the city the right to maintain common area and building exteriors if the homeowner's association fails to perform, and to access the homeowner's association for expenses incurred. C. No parking except in approved, designated spaces. D. Grant to the city the right to tow a_ way 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 garages for parking purposes. F. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage of inoperable vehicles. G. No outdoor storage by individual units except in designated storage areas. H. No change in city- required provisions of the CC &R's without prior City Council approval. I. Homeowner's association shall file with the City Clerk the names and addresses of all officers of the homeowner's association within 15 days of any change in officers of the association. 18 Final map shall note that all on -site and off -site improvements are subdivision improvements. 19. Subdivider shall install individually metered water service to each dwelling, to the approval of the City Engineer and the Building Division. . Resolution No-589X1986 Series) Tract 1270 (Mission Villa) Page 4 20. If grading or other operations unearth archeological resources, construction activities shall cease. The Community Development Director shall be notified of the extent of the location of discovered materials so that they may be recorded by a qualified archeologist. Disposition of artifacts shall comply with state and federal laws. Subdivider shall bear all costs associated with documentation and protection of said resources. On motion of Councilman Griffsbonded by _Councilman Sett Igd on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 4th day of February 1986. ayor Ron Dunin ATTEST: City Clerk Pamel Voges I\ a City Administrative;Officer City At nt Director doss �� i��n,��q �% �, �� y� `l �� . Svbori ���er ��} �� RESOLUTION NO.5891(1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION REVOCATION OF THE USE PERMIT AND AMENDING THE USE PERMIT FOR ALPHA UPSILON FRATERNITY AT 1334 PALM STREET (U0852 -A) WHEREAS, the Council of the City of San Luis Obispo considered the appeal by Alpha Upsilon Fraternity of the Planning Commission's decision to revoke Use Permit No. U0852 -A and conducted a public hearing on the matter; and WHEREAS, the Council considered the Planning Commission action taken on December 11, 1985, by reviewing staff reports and commission minutes; and WHEREAS, the Council determines that the decision of the Planning Commission to add a condition and to revoke the use permit effective July 1, 1986, was not the appropriate action; NOW, THEREFORE, the Council resolves to uphold the appeal and to amend the use permit with the following: Findines While the conditions of approval have not been violated, the use has been detrimental to the health, safety, and welfare of persons living or working in the area. The use is inappropriate at this location and is incompatible with surrounding land uses because: A. The fraternity offends neighborhood residents, despite procedures other than city review to resolve conflicts. B. The fraternity provides inadequate sanitary facilities for large gatherings. C. The fraternity does not limit activities to the capacity of facilities or the ability of the fraternity to adequately monitor and control the behavior of members or guests. D. The fraternity has failed to.instruct new officers and members in the reasons for limits on behavior, appropriate limits, or the consequences of violating the limits. The offensive behavior would be judged so by a broad segment of the public. Reported incidents exceed minor nuisances or disagreement among neighbors. R 5891 E. The pattern of offenses is due to the fraternity's role as a social organization and exceed the problems that might be expected from typical households with several young adults, which are allowed in the city's residential zones. F. Specific problems resulting from the fraternity include littering, loud noise, late -night noise, obstructed driveways, vandalism, trespassing, traffic and parking congestion, consumption of alcohol by minors, and harassment of neighbors. 2. Allowing the use permit to remain in effect would not meet the intent of the Zoning Regulations. 3. Amendment of the use permit is consistent with zoning regulations and with the general plan. 4. Amendment of the use permit is categorically exempt from environmental review as a minor alteration in land use limitations. Conditions 1. No more than seven (7) persons shall reside at the house at any time. Additions to structure or additional occupancy shall require amendment of use permit approval. 2. A minimum of five (5) on -site parking spaces complying with city standards shall be maintained at all times for intended use. 3. Applicant shall maintain an enclosed trash area to the approval of the Community Development staff.. 4. Applicant shall maintain the existing 6- foot -high solid wood fence along side and rear property lines. 5. The property shall be maintained in a clean and orderly manner. All plant materials shall be maintained and replaced as necessary. 6. Smoke detectors and fire extinguishers shall be maintained to the approval of the Fire Department. 7. Use permit shall be reviewed by the City Council at any time upon receipt by the city of any reasonable written citizen or Police Department complaint. Upon finding evidence of continued or additional behavior which is incompatible with surrounding land uses, the City Council may revoke the use permit to be effective immediately. 8. Use as a fraternity shall be limited solely to the Alpha Upsilon Fraternity. Any other occupancy would require approval by the City Council of an amended use permit. 9. Applicant shall allow the city to verify that occupancy of the house is limited to the residents, either by allowing an inspection of the premises or records. Such city inspection shall be preceded by notice to the residents of not less than one hour, and shall occur between the hours of 8:00 a.m. and 6:00 p.m. 1� 10. Parties, social gatherings, or meetings at the site shall be limited to members of the fraternity only. 11. Outdoor parties or meetings or use of the hot tub shall not occur between 10:00 p.m. and 7 :00 a.m. Monday through Friday and between 12:00 p.m. and 9:00 a.m. Saturday and Sunday. 12. This use permit shall expire June 30, 1986. 14. The fraternity shall comply with all other laws and regulations, including but not limited to, the city's noise regulations (Chapter 9.12 of the San Luis Obispo Municipal Code). Failure to do so may result in revocation of the use permit. On motion of Councilman Settle, seconded by Councilman " Griffin, -:and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Dunin NOES: Councilwoman Rappa ABSENT: None the foregoing resolution was passed and adopted this 41hday of FebruaLy1986. May Ron Dunin ATTEST: 1 L City Clerk Pame a VO4s APPROVED: Ci y Administ A6iivr oer �55 UPS i /0& Frat RESO.iION NO. 5890 (1986) �- A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND BREEN PROPERTY INVESTMENTS FOR LEASE OF OFFICE SPACE At 864 OSOS STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Breen Property Investments is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Breen Property Investments, Assistant to the City Administrative Officer,. and City's Finance Director. On motion of Councilman Settle seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT:None The foregoing resolution was passed and adopted this 4th day of Feb., 1986. ATTESY : la Voges, Aity Clerk APPROVE: aL City AYminfsirative Officer as51S'fAUT ?b Finance Direrkhr Mal on Dunin City A torney LEASE This lease is made February 4, 1986, between BREEN PROPERTY INVESTMENTS, a partnership ( "Landlord "), whose address is 1219 Bond Street, San Luis Obispo, California, and the City of San Luis Obispo ( "Tenant "), whose address is 990 Palm Street, San Luis Obispo, California, who agree as follows: RECITALS I. This Lease is made with reference to the following facts and objectives: 1. Landlord is the owner of the building commonly described as 864 Osos Street and more specifically described in Exhibit "A" attahed hereto. The building consists generally of four separate suites and eight parking spaces. 2. Tenant is willing to lease a portion of the building, specifically, Suite Be ( "premises ") from Landlord pursuant to the provisions stated in this Lease. 3. Tenant wishes to lease the premises for purposes of operating a professional office whose activities shall be solely limited to the business of the City of San Luis Obispo. 4. Tenant has examined the premises and is fully informed of its condition. PREMISES II. Landlord leases to Tenant and Tenant leases from Landlord Suite B of the building located at 864 Osos Street, San Luis Obispo, California, as more particularly described in Exhibit "A" attached hereto and the appurtenant rights as set forth hereinafter, the common areas including hallways, 2 automobile spaces (1 regular space and shared use of handicap parking space), access walkways and lavatories. This Lease confers no rights either with regard to the subsurface of the land in which the premises is located or with regard to the air space above the ceiling of the *building in which the premises is located. APPURTENANT RIGHTS III. The appurtenant rights referred to in this Lease are as follows: I. Tenant shall have full and unimpaired access to the premises at all times except as hereinafter provided. RIGHT TO RELOCATE PREMISES IV. Landlord shall have the right to relocate the -1- � 1 premises to another part of the building in which the premises is located in accordance with the following: 1. The new premises shall be substantially the same in size, dimensions, configuration, decor, and nature as the premises described in this Lease and shall be placed in that condition by Landlord at its cost. 2. The physical relocation of the premises shall be accomplished by Landlord at its cost. 3. Landlord shall give Tenant at least thirty (30) days notice of Landlord's intention to relocate the premises. 4. The physical relocation of the premises shall take place on a weekend and shall be completely accomplished before the Monday following the weekend in which the relocation takes place. If the physical relocation has not been completed in that time, rent shall abate in full from the time the physical relocation commences to the time it is completed. . 56 The parties shall immediately execute an amendment to this Lease stating the relocation of the premises. TERM V. The term for lease of the premises shall commence February 1, 1.986; and shall expire January 31, 1988. VI. Tenant is given the option to extend the term on all the provisions contained in this Lease, except for minimum monthly rent, which for purposes of the option term, shall be in the .sum of $580.00 per month. For a six month ( "extended term ") with an additional and subsequent six month extended term following expiration of the initial term, by giving notice of exercise of the option ( "option notice ") to Landlord at least four (4) months, but no more than six (6) months before the expiration of the term, or extended term: Provided that, if Tenant is in default on the date of giving the option notice, the option notice shall be totally ineffective, or if Tenant is in default on the date the extended term is to commence, the extended term shall not commence and this Lease shall expire at the end of the initial term, or at the end of the first extended term. The monthly rent of the extended term shall be in the sum of $580.00 per month. Tenant shall have no other right to extend the term beyond the extended term. COMMENCEMENT OF TERM VII. On commencement of the term the premises shall be in good condition and Landlord shall have substantially completed - painting the premises, shall have caused to be properly marked and identified one parking space for the handicapped, and shall provide a sign which shall state Tenant's name and shall be in a size and of a type similar to those signs of Landlord's other -2- Tenants in said premises, and Landlord shall cause such sign to be affixed to the premises as Landlord's other and remaining Tenants in said premises have their respective signs posted. Tenants taking possession of the premises on commencement of the term shall cause to constitute Tenant's acknowledgment that the premises is in good condition. Immediately after commencement of the term, Landlord shall undertake to expand the back door of the building and the bathroom entry to allow for access and use by the handicapped and such handicapped entrance and bathroom shall be in compliance with the rules, regulations and laws of all governing bodies with respect to handicapped access. The cost for said work of improvment shall be borne equally by Tenant and Landlord and Tenanat shall be responsible for payment of its share of the cost immediately upon receipt of an itemized billing from Landlord. MINIMUM MONTHLY RENT VIII. Tenant shall pay to Landlord as minimum monthly rent, without deduction, setoff, prior notice, or demand, the sum of $540.00 per month for the first year of the term, the sum of $540.00 per month for the second year of the term, and the sum of $580.00 per month for the third year of the term. All such mimimum monthly rental payments shall be due in payment of two installments per each year of the term commencing with the first payment due on or about February 1, 1986 and second installment to be paid on August 1, 1986. For the first year of the term only and in addition to the six month advance rental payment then due in the sum of $3,240, Tenant shall also pay to Landlord the additional sum of $580 as and for a security deposit as hereinafter described. Minimum monthly rental or any partial month shall be prorated at the rate of 1/30 of the minimum monthly rent per day. All rents shall be paid to Landlord at the address to which notices to Landlord are given.. If this Lease terminates before the termination date for reasons other than Tenants default, minimum monthly rent shall be prorated to the date of termination, and Landlord shall immediately repay to Tenant all minimum monthy rent then . prepaid and unearned. SECURITY DEPOSIT IX. On execution of this Lease, Tenants shall deposit with Landlord $580.00 as a security deposit for the performance by Tenant of the provisions of this .Lease. If Tenant is in default, Tenant can use this security deposit, or any portion of it, to cure the default or to compensate Landlord for all damage sustained by Landlord resulting from Tenant's default. Tenant shall immediately, on demand, pay to Landlord a sum equal to the portion of the security deposit expended or applied by Landlord as provided in this paragraph so as to maintain a security deposit in the sum initially deposited with -3- I Landlord. If Tenant is not in default at the termination or expiration of this Lease, Landlord shall return the security deposit to 'Tenant. Landlord's obligations with respect to the security deposit are those of a debtor and not a trustee. Landlord can maintain the security deposit separate and apart from Landlord's general funds or can commingle the security deposit with Landlord's general and other funds. Landlord shall not be required to pay Tenant interest on the security deposit. TAXES /ASSESSMENTS X. Tenant shall pay, before delinquency, all taxes, assessments, license fees, and other charges ( "taxes ") that are levied and assessed against Tenant's personal property installed or located in or on the premises, and that become payable during the term. On demand by Landlord, Tenant shall furnish the Landlord with satisfactory evidence of these payments. If any taxes on Tenant's personal property are levied against Landlord or Landlord's property, or if the assessed value. of the building and other improvements in which the premises are located is increased by the inclusion of a value placed on Tenant's personal property, and if Landlord pays the taxes on any of these items or the taxes based on the increased assessment of these items, Tenant, on demand, shall immediately reimburse Landlord for the sum of the taxes levied against Landlord, or the portion of the taxes resulting in the increase of Landlord's assessment. Landlord shall have the right to pay these taxes regardless of the validity of the levy. LIMITATIONS ON USE XI. Tenant shall use the premises for professional offices for the business of the City of San Luis Obispo and for no other use without Landlord's consent. Tenant shall not do, bring, or keep in or about the premises that will cause a cancellation of insurance covering the building in which the premises are located. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days before the Landlord is obligated to pay a premium on the insurance, or within 10 days after Landlord delivers to Tenant a certified statement from Landlord's insurance carrier stating that the rent increase was caused solely by Tenant on the premises as permitted in this Lease, whichever date is later, a sum equal to the difference between the original premium and the increased premium. Tenant shall comply with all laws concerning the premises or Tenant's use of the premises, including, without limitation, the obligation of Tenant's cost to alter, maintain, or restore the premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the premises during the term. -4- Tenant shall not use the premises. in any manner which would constitute waste, nuisance, or unreasonable annoyance to other Tenants in the building in which the premises are located. Tenant shall not use the premises for sleeping, washing clothes, cooking, or the preparation, manufacture, or mixing of anything that might emit any odor or objectionable noises or lights into the building in which the premises is located. Tenant shall not do anything on the premises that will cause damage to the building in which the premises is. located. The premises shall not be overloaded. No machinery, apparatus or other appliance shall be used or operated in or on the premises that will any manner injure, vibrate or shake the premises. MAINTENANCE XII. Except as hereinafter provided, Landlord at its cost shall maintain, in good condition, the following: 1. The structural parts of the building and other improvements in which the premises are located, which structural parts include only the foundations, bearing and exterior walls (excluding glass and doors), subflooring, and roof, 2. The unexposed electrical, plumbing, and sewage systems, including, without limitations, those portions of the system lying outside the premises; and 3. Window frames, gutters, and down spouts on the building and other improvement in which the premises is located. Landlord shall repair the premises if they are damaged by (a) cause outside the premise over which Tenant has no control;. (b) acts or omissions of Landlord,- or its authorized representatives; or (c) Landlord's failure to perform its obligation under this paragraph. TENANT'S REMEDIES XIII. Landlord and Tenant observes all the provisions of civil code sections 1941 and 1942 with respect to landlords' obligations for tenants ability of the premises and tenants right to make repairs and deduct expense of such repairs from .1. Landlord shall have thirty (30) days notice from Tenant to commence to perform its obligations immediately if the nature of the problem presents a hazard or emergency. If landlord does not perform its obligations within the time limitations in this paragraph, Tenant can perform the obligations and have the right to be reimbursed for the sum of actual expense in the performance of Landlord's obligations. If Landlord does not reimburse Tenant within thirty (30) days after demand of Tenant, Tenant's sole remedy shall be to institute suit against Landlord and Tenant shall not have the right to withhold from future rent the sums Tenant has expended. -5- TENANT'S MAINTENANCE XIV. Except as otherwise provided, Tenant at its cost shall maintain, in good condition, all portions of the premises, including, without limitation, all Tenant's personal property, signs, store fronts, glass and windows. Tenant shall be liable for any damage to the building in which the premises are located resulting from the acts or omissions of Tenant or its authorized representatives. ALTERATIONS XV. Except as otherwise provided herein, Tenant shall not make any alterations to the premises without Landlord's written consent. Any alterations made shall remain on and be surrendered with the premises on expiration or termination of the term, or any extentions thereof, except that Landlord can elect, within thirty (30) days before expiration of the term, or within five (5) days after termination of the term, to require Tenant to remove any alterations that Tenant has made to the premises. If Landlord so elects, Tenant at its cost, shall restore the premises to the condition designated by Landlord in selection, before the last day of the term or within thirty (30) days after notice of election is given, whichever is later. Lf Tenant makes any alterations to the premises as provided in this paragraph the alterations shall not be commenced until three (3) days after Landlord has received notice from Tenant stating the date of installation of the alterations is to commence so that Landlord can post and record an appropriate notice of non- responsibility. The cost of and all alterations by Tenant shall be the sole responsiblity of Tenant. The alterations shall be performed in a manner that will not interfere with the quiet enjoyment of the other Tenants in the building in which the premises is located. MECHANICS' LIENS XVI. Tenant shall pay all cost for construction done by it or caused to done by it on the premises as permitted by this Lease. Tenant shall keep the building, other improvements, and land of which the premises are a part free and clear of all mechanic's liens resulting from construction done by or for Tenant. Tenant shall have the right to test the correctness or the validity of any such lien if, immediately' on demand of Landlord, Tenant procures and records a lien or lease bond. issued by a corporation authorized to issue surety bond's in California in an amount equal to 1/2 of the amount of the claim of the lien. The bond should meet the requirements of the Civil Code Section 3143 and shall provide for the payment of any sum that the claimant may recover on the claim (together - with cost of suit, if it recovers in the action): UTILITIES AND SERVICES XVII. Tenant shall make all arrangements for and pay for all utilities and services furnished to or used by it, including, without limitation, gas, electricity, telephone service and for all connection charges, except for those utilities and services Landlord is to furnish to the premises, which are as follows: water and trash collection. Landlord shall furnish to the premises reasonable quantities of water and provide for trash collection. if Tenant's utility or service requirements increase over its requirements as of the date the term commences then Tenant shall be required to pay the increased cost of utilities or services. If Landlord is required to construct new or additional utility installations, including, without limitation, wire, plumbing, conduits, and mains, resulting from Tenant's changed or increased utility requirements, Tenant shall on demand pay to Landlord the total cost of these items. Landlord shall not be liable for failure to furnish utilities or services to the premises when the failure results from cause beyond Landlord's reasonable control, but in case of the failure, Landlord will take all reasonable steps to restore the interrupted utilities and services. INDEMNITY AND EXCULPATION XVIII. Landlord shall not be liable to any Tenant for any damage to Tenant for Tenant's damage from any cause. Tenant waives all claims against Landlord for damage to personal property arising for any reason. Tenant shall hold Landlord harmless for all damages arising out of any damage to any person or property occurring in, on, or about the premises and the building in which the premises is located, except that Landlord shall be liable to Tenant for damage resulting from the act or omissions of Landlord or its authorized representatives -. Landlord shall hold Tenant harmless from all damages arising out of any such damage. Any party's obligation under this paragraph to indemnify and hold the other party harmless shall be limited to the sum that exceeds the amount of insurance proceeds, if any, received by the party being indemnified. DESTRUCTION XIX. If, during the term, the premises or building and other improvements in which the premises are located are totally or partially destroyed from any cause, rendering the premises totally or partially accessible or unusable Landlord shall -restore the premises or the building and other improvements in which the premises are located to substantially the same condition as they were in immediately before destruction, if the restoration can be made under the existing laws and can be completed within ninety (90) working days after the date of destruction. Such destruction shall not terminate this Lease. -7- If the restoration cannot be made during the time stated in this paragraph, then within fifteen (15) days after the parties determine that restoration cannot be made in the time stated within this paragraph, Tenant can terminate this Lease immediately by giving notice to Landlord. If Tenant fails to terminate this Lease and if restoration is permitted under the existing laws, Landlord, at its election, can either terminate this Lease or restore the premises, building, other improvements in which the premises are located within reasonable time then this Lease shall continue in full force and effect. If the existing laws do not permit the restoration, either party can terminate this Lease by giving notice to the other party. CONDEMNATION XX. Condemnations' 1. "Condemnation" means (a) the exercise of any governmental power, whether by legal proceedings or otherwise, by a condemnor, and (b) a voluntary sale or transfer by Landlord to any condemnor, either under threat of condemnation or a legal proceeding for condemnation pending.. 2. "Date of taking" means the date that the condemnor has a right to possession of the property being condemned. 3. "Award" means all compensation, sums, or anything of value awarded, paid or received on a total or partial condemnation. 4. "Condemnor" means any public or quasi- public Authority or private corporation or individual having the power of condemnation. If during the term or during the period of time between the execution of this Lease and the date the term commences, there is any taking of all or any part of the building, or other improvements, or land of which the premises are. a part, or any interest in this Lease by condemnation, the rights and obligations of the parties shall be determined by the following paragraphs: 1. If any portion of the premises is taken by condemnation this 'Lease shall remain in effect, except that Tenant can elect to terminate this Lease if 50% or more of the total number of square feet. of the premises is taken. If Tenant elects to terminate this lease, Tenant must exercise its rights to terminate pursuant to this paragraph by giving notice to Landlord within thirty (30) days after the nature and extent of the taking have been finally determined. If Tenant elects to terminate this Lease as provided in this paragraph, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate upon the date of taking if the date of taking falls on the date before the date of termination as designated by Tenant. If Tenant does not terminate the Lease within the thirty (30) day period, this Lease shall continue in full force and effect, I � J except that minimum monthly rent shall be reduced 'in the same ratio as the total number of square feet in the premises immediately before the date of taking. Each party waives the provision of Code of Civil Procedure Section 1265.120 allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the premises. If within thirty (30) days after the date that the nature and extent of the taking are finally determined, Landlord notifies Tenant that Landlord, at its cost, will add on to the remaining premises so that the area and approximate layout of the premises will be substantially the same after the date of taking as they were before the date of taking, and Landlord commences the restoration and completes the restoration after ninety (90) days after Landlord notifies Tenant, this Lease shall continue in full force and effect without any "reduction in minimum monthly "rent except the abatement or reduction made pursuant to the following paragraph. ' Rent shall be abateed or reduced during the period from the date of taking until the completion of restoration, but all other obligations of Tenant under this Lease shall remain in full force and effect. The abatement or the reduction of rent shall be based on the extent to which the restoration interferes with Tenant's use of the premises. ASSIGNMENT XXI. Tenant shall not voluntarily assign or encumber its interest in this Lease or in the premises, or sublease all or any part of the premises, or allow any other person or entity (except Tenant's authorized representative) to occupy or use all or any part of the premises, 'without first obtaining Landlord's written consent. Any assignment, encumbrance, or sublease without Landlord's consent shall be voidable and, at Landlord's election, shall constitute a default. No consent to any assignment, encumbrance, sublease shall constitute a further waiver of the provisions of this paragraph. DEFAULT XXII. The occurrence of any of the following shall constitute a default by Tenant: 1. Failure to pay rent when due, if the failure continues for five (5) days after notice has been given to Tenant. 2. Abandonment and vacation of the premises (failure to occupy and operate the premises for ten (10) days shall be deemed an abandonment and vacation.) 3. Failure to perform any other provision of this Lease if the failure to perform is not cured within thirty (30) days after notice has been given to Tenant. If the default cannot reasonably be cured within thirty (30) days, Tenant shall not be in default of this Lease if Tenant commences to cure the default within the thirty (30) day period and diligently and in good faith continued to cure the default. Notices given under this paragraph shall specify the alleged default and the applicable lease provisions, and shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the premises. No such notice shall be deemed. a forfeiture or a termination of this Lease unless Landlord so elects in the notice. The purpose of the notice requirements set forth in this paragraph is to extend the notice requirements of the unlawful detainer statutes of California. LANDLORD'S REMEDIES XXIII. Landlord shall have the following remedies if Tenant commits a default. These remedies are not exclusive; they are cumulative in addition to any remedies now or later allowed by law. 1. Landlord can continue this Lease in full force and effect, and the Lease will continue in effect as long as Landlord does not terminate Tenant's right to possession, and Landlord shall -have the right to collect rent when due. During the period Tenant is in default, Landlord can enter the premises and r-elet ite, or any part of it, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the premises, including, without limitation, brokers' commissions, . expenses of remodeling the premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this lease. Tenant shall pay to Landlord the rent due under this Lease on the dates the rent is due, less the rent.Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate.this Lease unless Landlord notifies Tenant that Landlord elects to terminate this Lease. After Tenant's default and for as long as Landlord does not terminate Tenant's right to possession of the premises, if Tenant obtains Landlord's consent Tenant shall have the right to assign or sublet its interest in this Lease, but Tenant shall not be released form sublet its interest in this Lease, but Tenant shall not be released from liability. Landlord's consent to a proposed assignment or subletting shall not be unreasonably withheld. If Landlord elects to relet the premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: First, any indebtedness from Tenant to Landlord_ other than rent due from Tenant. Second, all costs, including for maintenance, incurred by Landlord in reletting; Third, rent due and unpaid under this Lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this Lease. In no event shall Tenant be -10- entitled to any excess rent received by Landlord. If, on the date rent is due under this Lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph. 2. Landlord can terminate Tenant's right to possession of the premises at any time. No act by Landlord other than giving notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the premises, or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession. On termination, Landlord has the right to recover from Tenant: a. The worth, at the time of the award, of the .unpaid rent that had been earned at the time of termination of this Lease; b. The worth, at the time of the award, of the amount by what the unpaid rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; C. The worth, at the time of the award, of the amount by which the unpaid rent for the balance of the .term after after the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; and d. Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's default. "The worth, at the time of award," as used in a. and b. of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. "The worth, at the time. of the award," as referred to in c. of this paragraph, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1 %. 3. Landlord, at any time after Tenant commits a default, can cure the default at Tenant's cost. If Landlord at any time, by reason of Tenant's default, pays any sum or does any act that requires .the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is paid', and if paid at a later date shall bear interest at the maximum rate an individual is permitted by law to charge from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together with interest on it, shall be additional rent. INTEREST ON UNPAID RENT XXIV. Rent not paid when due shall bear interest from the. date due until paid at the maximum rate an individual is permitted by law to charge. -11- LATE CHARGE XXV. Tenant acknowledges that late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include; without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the premises. Therefore, if any installment of rent due from Tenant is not received by Landlord when due; Tenant shall pay to Landlord an additional sum of 10% of. the overdue rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. TENANT'S RIGHT TO CURE LANDLORD'S DEFAULT XXVI. Landlord shall be in default of this Lease if it fails or refuses to perform any provision of this Lease that it is obligated to perform if the failure to perform is not cured within thirty (30) days after notice of the default has been given by Tenant to Landlord. If the default cannot reasonably be cured within thirty (30) days, Landlord shall not be in default of this Lease if Landlord commences to cure the defualt within the thirty (30) day period and diligently and in good faith continued the cure the default. Tenant, at any time after Landlord commits a default, can cure the default at Landlord's cost. If Tenant'at any time, by reason of Landlord's default, pays any sum of does any act that requires the payment of any sum, the sum paid by Tenant shall be due - immediately from Landlord to Tenant at the time the sum is paid, and if paid at a later date shall bear interest at the maximum rate an individual is permitted by law to charge from the date the sum is paid by Tenant until Tenant is reimbursed by Land -lord. LIMITATION ON LANDLORD'S LIABILITY XXVII. If Landlord is in default of this Lease, and as a consequence Tenant recovers a money judgment against Landlord, the judgment shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title, and interest of Landlord in the multi- tenant building, other improvements, and land of which the premises are a part, and out of rent or other income from such real propery receivable by Landlord or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord's right, title, and interest in the -12- multi- tenant building, other improvements, and land of which the premises are a part. Neither Landlord nor any of the partners comprising the partnership. LANDLORD'S ENTRY ON PREMISES XXVIII. Except in cases of emergency, or it is impractical to do so, the Landlord shall give the Tenant reasonable notice of his intent to enter the. premises or of his intent to have his representatives enter the premises only during normal business_ for any of the following purposes: 1. To determine whether the premises are in good condition and whether Tenant is complying with its obligations under this Lease; 2. To do any necessary maintenance and to make any restoration to the premises or the building and -other improvements in which the premises are located that Landlord has the right or obligation to perform;. 3. -To serve, post or keep posted any notices required or allowed under the provisions of this Lease; 4. To post "for sale" signs at any time during the term, to post "for rent" or "for lease" signs during the last three (3) months of the term, or during any- period while Tenant is in default; 5. To show the premises to prospective brokers, agents, buyers, tenants, or persons interested in an exchange, at any time during the term; 6. To shore the foundations, footings, and walls of the premises or the building in which the premises are located and to erect scaffolding and protective barricades around and about the premises, but not so as to prevent entry to the premises, and. to do any other act or thing necessary for the safety or preservation of the premises or building and other improvements in which the premises are located if any excavations or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. Landlord's right under this provision extends to the owner of the adjacent property on which excavation or construction is to take place and the adjacent property owner's authorized representative. Twenty -.four (24) hours shall be presumed to be reasonable notice in absence of evidence to the contrary. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of Landlord's entry on the premises as provided in this paragraph, except damage resulting from the acts or omission of the Landlord or its authorized representatives. Tenant shall not be entitled to an abatement or reduction of rent if Landlord exercises any rights reserved in this paragraph. Landlord shall conduct its activities on the premises as allowed in this paragraph in a manner that will cause the least possible inconvenience, annoyance, or disturbance to Tenant. -13 NOTICE XXIX. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed to the othr party at the address set forth in the introductory paragraph of this Lease. Either party may change its, address by notifying the other party of the change of address. Notice shall be deemed communicated within forty -eight (48) hours from the time of mailing if mailed as provided in this paragraph. WAIVER XXX. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall constitute only waiver of timely payment for the particular rent payment involved. No act or conduct of Landlord, including, without limitation, the acceptance of the keys to the premises, shall constitute an acceptance of the surrender of the premises by Tenant before the expiration of the term. Only a notice from Landlord to Tenant shall constitute acceptance of the surrender of the premises and accomplish a termination of the Lease. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval or any subsequent act by Tenant. Any waiver by landlord of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Lease. ATTORNEY'S FEES XXXI. If either party becomes a party to litigation concerning this Lease, the premises, or the building or other improvements in which the premises are located, by reason of any act or omission of the other party or its authorized representatives, and not by any act or omission of the party that becomes a party to that litigation or any act or omission of its authorized representatives, the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorney's fees and court costs incurred by it in the litigation. If either party comences an action against the other party arising out of or in connection with this lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. -14- SURRENDER OF PREMISES XXXII. On expiration, or ten (10) days after termination of the term, Tenant shall surrender to Landlord the premises and all Tenant's improvements and alterations in good condition (except for ordinary wear and .tear occurring after the last necessary maintenance made by Tenant and destruction to the premises as hereinabove set forth), except for alterations that Tenant has a' right to remove or is obligated to remove under the provisions of this Lease as hereinabove set forth. Tenant shall remove all its personal property within the above - stated time. Tenant shall perform all restoration made necessary by the removal of any alterations or Tenant's personal property within the time periods stated in this paragraph. Landlord can elect to retain or dispose of in any manner any alterations or Tenant's personal property that Tenant does not remove from the premises on expiration or termination of the term as allowed or required by this Lease by giving at least ten (10) days' notice to Tenant. Title to any such alterations or Tenant's personal property that Landlord elects to retain or dispose of on expiration of the ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations or Tenant's personal property. Tenant shall be liable to Landlord for Landlord's costs for storing, removing, and disposing of any alterations or Tenant's personal property. If Tenant fails to surrender the premises to Landlord on expiration or ten (10) days .after termination of the term as required by this paragraph, Tenant shall hold Landlord harmless from all damages resulting from Tenant's failure to surrender the premises, including, without limitation, claims made by a succeeding tenant resulting from Tenant's failure to surrender the premises. HOLDING OVER XXXIII. If Tenant, with Landlord's consent, remains in possession of the premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month -to -month tenancy terminable on thirty (30) days' notice given at any time by either party. All provisions of this Lease, except those pertaining to term, option to extend, and option to acquire the premises, shall apply to the month -to -month tenancy. MISCELLANEOUS PROVISIONS XXXIV. Time is of the essence of each provision of this Lease.. Whenever consent or approval of either party is required, that party shall not unreasonably withhold such consent or -15- Approval. This lease shall be binding on and inure to the benefit of the parties and their successors. Rent and all other sums payable under this Lease must be paid in lawful money of the United States of America. This Lease shall be construed and interpreted in accordance with the laws of the'State of California. This Lease contains all the agreements of the parties and cannot be amended or modified except by written agreement. When required by the context of this Lease, the singular shall include the plural. All provisions, whether covenants or conditions, on the part of Tenant, shall be deemed to be both covenants and conditions. The enforceability and validity, or illegality of any provision shall not render the other provisions unenforceable, invalid or illegal. All exhibits referred to are attached to this Lease and incorporated by reference. BREEN PROPERTY INVESTMENTS B � 6 U \ a-=� •GAR7. MI HAEL BRIa CITY OF SAN LUIS OBISPO ATTES . By: iKA' N RO N DUNIN C11 CLERK PAMELA OGES ' By ROBERTA GOD RD Finance Director B L, Y ROGER P QUET City At ✓ orney -16- r� EXHIBIT "A" Lot 161n block 25 of the resubdivislon of the property of John Chapek, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map thereof f1led in Book 1, Page 28 of the maps in the office of the county recorder of said county. IJ RESOLUTION NO.588�1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND GOLDEN WEST AUCTIONEERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Golden West Auctioneers is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Golden West Auctioneers, and City Administrative Officer and the Director of Finance. On motion of Councilman Settle seconded by _Councilwoman Rappa , and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th of .February 1986. ATTEST//---) / MAYQ K RON DUNIN CITY s *asssssssssssssssss CityAd istrativ � er 9► 054 City Finance Dir,ator R 5889 E A� wa zH za 00 0x a �o a 0 m 02 x'�a, MUD a ° o 6v F ` Z a 'WY W m J K^ a /0 V i w, H rn W H d ar V ° C LO ° °o R tP to ° . , w O ti. ol x. m O u y o 0. m b q tl O o tl C tl o t 'A m m m tl I N ^ V f ti m 'v 0. m ° , d I W W >. .m. p m a p' " C tl m A u m I C% E: tj C, 0 gx 0 CL N C d m 'A 0 m -4 tl m 6 7 m 0 w c C L j A • m 0 "� '� 3> .� 3 m. O »+ m- q tl. •'C.' m w C O C- m m y m Z:i .ya. m ,�� x •3 w 7 •m tl�' cL u o O Q C d � O m m o m O b m .b L tl w[ O tl a tl i 7 di m 0. U o 7•i .O ° % tl- ° •� O q C 7 V m y ti 7 tl m �, 9c c w t0 3 79 tl 'tl tlC p .l W - m m. p, m .b O X55 ' G1 ffvl q H d U ^ tl m w 0 vI ` A . 4 tl tl tl m 4. L m 0 .y m �n z m N w: ❑ tltlw t) >• m Q) 0 0 to 0 tl o tl W a 10 Lp• o e O u 3 d 0. o 0 0. U G m .. L m "o w Co o tl r O Q m ' 0 •y X y tl c m y d c ° ° w P m u ° mmF O U w o G tit m tl a p xq m o ' D od f x � ° m aC7 .. . 0 o 4 u ° ° v u 0: a d U a u d A GQ U H rn W H d ar V Public Works 70 Ford Sedan (E720981) 1170 OP54Y140650_ 1 67 Dodge Pickup (E198333)' 0267 PROPERTY_ LIST 1 75 Chevrolet Pickup (E658031) 0475 VEHICLES 1 Dept. Desccipt•ion 0370 City No. ID #_ �t ,. Fire 79 Chevrolet Sedan (E728012). 1979 iB68E9A123316. 1 79 Dodge (E725746) BF2S586510 0579 NL45C9B220845 1 Police 62 Chevrolet Sedan (E766500) 0682 1AL69L1C1249002 1 83 Dodge Sedan (E447308) 0683 38G26SIbk241748 1 83 Dodge Sedan (E447309) 0783 3BG26S3DR241749 1 83 Dodge Sedan (E447304) 0883 2B3BG26SXDR241750 .1 83 Dodge Sedan (E447303) 0983 2B3BG26S1DR241751 1. 83 Dodge Sedan (E447302) 1083 2B3BG26S3DR241752 1 Public Works 70 Ford Sedan (E720981) 1170 OP54Y140650_ 1 67 Dodge Pickup (E198333)' 0267 1161706639 1 75 Chevrolet Pickup (E658031) 0475 CLN1448215575 1 70 Ford (E556902) 0370 OA47L203064 1 77 Toyota Sedan (E696295) 0277 TE51596386 1 72 Dodge Pickup (E599382) 0272 BF2S586510 1 10 Ford Pickup (E562468) .1070 ARH56346 1 65 Motor Scooter (E54J36) 0965 184321 1 Comm. Devel_ 78 Chevrolet Sedan (E709052) 0578 E8Y260452 1 80 Chevrolet (E460038) 0580 5A6301151 1 Rec. 79 Plymouth (E725747) 0479 9D258076 l Exhibit A Dept... Public Works Parks Fin. PROPERTY LIST OTHER._PROPERTY Div. Description City No. Eng. Blueprint Machine Drafting Chair -Steel Cs. Drafting Chairs Vacuum - Pro Vac Blow Pac Blow Pat Power Saw Electric Tree.Saw 12 -Volt Weed Eater 72" Mower 175 Briggs & Stratton 3HP Assorted I_crigatiop Timers Traveling Sprinklers_ Mower Reel Assorted .Parts Weed Eater /Blow Pac -Outdoor Light Fixtures Soap Dispensers Truck Tailgate Ramps Tennis Nets Table Tops Coat Rack Check Printer (Protectograph) Calculator (Underwood) Calculator (Underwood) Calculator (Cannon) Calculator (Toshiba) Microfiche Reader .Perforator Paper (Cummins) Books - Finance Premier Music Unclaimed Air Conditioners Rug. Large Wood Storage Cabinets & Tables Desks - Wood Wang Computer & Printer :ID* gty. A1502 1 1 107.4.9 1 10752 1 .10751 1 10370 1 1 1 -1 1 i Box 2 .:1 _2 Bxs.. 2 ` Bxs :. 11 .3 2 2 . i P747R5545 I CN10009 1 CNIO019 1 CNI0006_ 1 202043 1 CN10676 1. GN10673 1 CN10677 1 CN10675 1 1.002.4 1 1 Box 2 1 6 5 1 Set Dept. Div. Description City No Police Typewriter Drawer Padded Armchairs Lens Cover. blue & red Air Conditioning Unit Folding Chairs Office Chairs Exercise Bicycle. Typewriters (Royal manual) Adding Machine (Clary) Typist Chair Light Standards Hanging Ball Light Step Stool Wooden Doors Sink Drinking Fountain Urinal Photo Washing Drum & Sink IDS qty. 1 .2 8 1. 3 1 2 1 1 2 1 1 7 1 1 1 1 Fire 10" Tattle Saw I Strobe Commander Light Bar 5000D 1 Federal Twinsonic Light & Siren Bar CTS 1 Metal Bedframes w /head & footrest 4 Mattress &.Box Spring Set 1 Hand Lawnmowers w /catchers 2 Underwood Manual Typewriter 1 1/3 HP Motor, electric 1 Simulator Board I Hose Cover 1 Electcic Comuper Box SLC -1 1 Automotive Starter 1' Brass 4 1/2 x 2 1/2, 1 increaser, 1 reducer 2 Chrome speaker, auto I Mist. Box of Tools, wrenches, sockets, spanners I Collapsible gurney w /cover I Incomplete Light Fixture 1 6" to 2 1/2" gated wye I Female soft suction ends (4 1/2 ") - 2 Misc. Box PVC fittings & conduits 1 Rechargable Lantern & charger 1 Strobe Commander Light Bar I Homemade light tripod 1 6" double female adaptor 2 Hose reel motor I Misc. Box aluminum conduit elbows & fittings I Misc. Box old turnout parts I Old compressed air bottles g Old fire e t.inguishers. brackets & misc. parts 15 side mirrors 3 I\ /1 �J Dept. Div. Description city _ ## ibi- 4 Air Conditioning Unit 1 Bench seats 2 Bike frame :. Brass bastard females 2 Box of pigtails & junction boxes Box of gunney sacks 1 Misc. Box of emergency lights & auto parts i Bag w /T -2 cable for extension ladder 1 Misc. Box of Auto Parts, carburetor sparkplug wires 1 110V Electrical retractable reels 2 Box Misc. foglamps /t -imng lights /broken tools 1 Old generator 2- stroke from T =2 1 Air compressor 1 Booster pump 1 Monitor stand /platform 1. Ropes, nylon, polypropoline 2 Office chairs 2 RESOLUTION NO.5888 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City Council herein declares that all items of personal property listed in Exhibit "A" attached ana incorporated 'herein by reference shall be surplus property. SECTION 2. That the sale of such property is hereby authorized. On motion of Councilman Settle , seconded by Councilwoman Rappa , and on the following roil call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of February- 1986. ATTEST: 1 CITY CLERK AMELA V GE JR UNIN APPROVED: tai jA0'� Ay �{O City ministr r/ Officer Cityoxnev Finance Direct R. 5888 PROPERTY LIST VEHICLES Dept.. Description City No Fire 79 Chevrolet Sedan (E728012) 1979 79 Dodge (E725746) 0579 Police 82 Chevrolet Sedan (E766500) 0682 83 Dodge Sedan (E447308) 0683 83 Dodge Sedan (E447309) 0783 83 Dodge Sedan (E447304) 0883 83 Dodge Sedan (E447303) 0983 83 Dodge Sedan (E447302) 1083 Public ID* Qty. 1B68E9A123316 1 NL45C9B220845 1 1AL69LIC1249002 1 3BG26S1DR241748 1 3BG26S3DR241749 1 2B3BG26SXDR241750 1 2B3BG26S1DR241751 1 2B3BG26S3DR241752 1 Works 70 Ford Sedan (E720981) 1170 OP54YI40650 1 67 Dodge Pickup (E198333) 0267 1161706639 1 75 Chevrolet Pickup (E658031) 0475 CLN1448215575 1 70 Ford (E556902) 0370 OA47L203064 1 77 Toyota Sedan (E696295) 0277 TE51596386 1 72 Dodge Pickup (E599382) 0272 BF2S586570 1 70 Ford Pickup (E562468) 1070 ARH56346 1 65 Motor Scooter (E54J36) 0965 184321 1 Comm. Devel. 78 Chevrolet Sedan (E709052) 80 Chevrolet (E460038) Rec. 79 Plymouth (E725747) Exhibit A 0578 E8Y260452 1 0580 5A6301151 1 0479 9D258076 1 Perforator Paper (Cummins) Books - Finance Premier Music Unclaimed Air Conditioners Rug Large Wood Storage Cabinets & Tables Desks - Wood Wang Computer & Printer ID# Qiy - A1502 1 1 10749 1 PROPERTY LIST 1 OTHER PROPERTY Dept. Div. Description City No. Public 10370 Works Eng. Blueprint Machine Drafting Chair -Steel Cs. Drafting Chairs Parks Vacuum - Pro Vac Blow Pac Blow Pac 1 Power Saw Electric Tree Saw Box 12 -Volt Weed Eater 2 72" Mower 175 Briggs & Stratton 3HP Assorted Irrigation Timers 2 Traveling Sprinklers Mower Reel Bxs. Assorted Parts - 11 Weed Eater /Blow Pac Outdoor Light Fixtures Soap Dispensers 2 Truck Tailgate Ramps Tennis Nets Table Tops 1 Coat Rack Fin. Check Printer (Protectograph) Calculator (Underwood) 1 Calculator (Underwood) CNIO019 Calculator (Cannon) Calculator (Toshiba) 1 Microfiche Reader Perforator Paper (Cummins) Books - Finance Premier Music Unclaimed Air Conditioners Rug Large Wood Storage Cabinets & Tables Desks - Wood Wang Computer & Printer ID# Qiy - A1502 1 1 10749 1 10752 1 10751 1 10370 1 1 1 1 1 1 Box 2 1 2 Bxs. 2 Bxs. 11 3 2 2 1 P747R5545 1 CN10009 1 CNIO019 1 CN10006 1 202043 1 CN10676 1 CN10673 1 CN10677 1 CN10675 1 10024 1 1 Box 2 1 6 5 1 Set J Dept. Div. Description City No. ID# �Y Police Typewriter Drawer 1 Padded Armchairs 2 Lens Cover, blue & red 6 Air Conditioning Unit 1 Folding Chairs 3 Office Chairs 13 Exercise Bicycle 1 Typewriters (Royal manual) 2 Adding Machine (Clary) 1 Typist Chair 1 Light Standards 2 Hanging Ball Light 1 Step Stool 1 Wooden Doors q Sink 1 Drinking Fountain 1 Urinal 1 Photo Washing Drum & Sink 1 Fire 10" Table Saw 1 Strobe Commander Light Bar 5000D 1 Federal Twinsonic Light & Siren Bar CTS 1 Metal Bedframes w /head & footrest 4 Mattress & Box Spring Set 1 Hand Lawnmowers w /catchers 2 Underwood Manual Typewriter 1 1/3 HP Motor, electric 1 Simulator Board 1 Hose Cover 1 Electric Comuper Box SLC -1 1 Automotive Starter 1 Brass 4 1/2 x 2 1/2, 1 increaser, 1 reducer 2 Chrome speaker, auto 1 Misc. Box of Tools, wrenches, sockets, spanners 1 Collapsible gurney w /cover 1 Incomplete Light Fixture 1 6" to 2 1/2" gated wye 1 Female soft suction ends (4 1 /2 ") 2 Misc. Box PVC fittings & conduits 1 Rechargable Lantern & charger 1 Strobe Commander Light Bar 1 Homemade light tripod 1 6" double female adaptor 2 Hose reel motor 1 Misc. Box aluminum conduit elbows & fittings 1 Misc. Box old turnout parts 1 Old compressed air bottles g Old fire extinguishers, brackets & misc. parts 15 Side mirrors 3 Dept. Div. Description City # Air Conditioning Unit Bench seats Bike frame Brass bastard females Box of pigtails & junction boxes Box of gurney sacks Misc. Box of emergency lights & auto parts Bag w /T -2 cable for extension ladder Misc. Box of Auto Parts, carburetor sparkplug wires 110V Electrical retractable reels Box Misc. fogiamps /timing lights /broken tools Old generator 2- stroke from T -2 Air compressor Booster pump Monitor stand /platform Ropes, nylon, polypropoline Office chairs ID# Qty. 1 2 1 2 1 1 1 1 1 2 1 1 1 1 1 2 2 I Resolution No. 5887 RESOLUTION OF THE CITY COUNCIL CITY OF San Luis Obispo APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND FOR ASSISTANCE TO EXPAND DAY USE RECREATION FACILITIES AT LAGUNA LAKE PARK IN THE CITY OF SAN LUIS OBISPO. WHEREAS, the Congress under Public Law 88 -578 has authorized the establishment of a Federal Land and Water Conservation Fund Grant -In -Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the State Department of Parks and Recreation is responsible for the administration of the program within the State, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications an¢ the availability of local matching funds prior to submission of said applications—to the State; and el WHEREAS, the proposed Laguna Lake Park Development project is consistent with.the Statewide Comprehensive Recreation Resources Plan: Recreation in "California, Issues and Actions: 1981 -1985; and NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Approves the filing of an application for Land and Water Conservation Fund assistance; and 2 Certifies that said agency has matching funds from the Capital Impprovement Program and can finance 100 percent_ of the project, half of which will be reimbursed, and 3. Certifies that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and 4. Appoints the Director of Recreation and Parks. as agent of the City to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, billing statements, and so on which may be necessary for the completion of the aforementioned project and are in conformance with the City of San Luis Obispo's purchasing procedures. .. R 5887 r On motion of Councilman Settle . and on the following roll call vote: 0 , seconded by Councilwoman Rappa , AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT None the foregoing resolution was passed and adopted this 4th day of February 1986. May Ron Dunin ATTEST: APPROVED (�-- mil• 2 City Administrative PffiUr City At rney r of/Re'treation and Parks Finance Direc r eGr�Ofq (ror RESOLUTION NO. 5886 (1986 Series) L A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A MODIFICATION TO THE SUBDIVISION AGREEMENT AND ACCEPTING THE COMPLETED SUBDIVISION IMPROVEMENTS FOR TRACT 1182 (Ferrini Ranch Estates III) WHEREAS, the subdivision improvements for Tract 1182 have been satisfactorily completed except for: 1. Telemetering system for water system 2. Surge control for water system 3. Soft start motor for water pumping system. WHEREAS, the subdivider has requested a modification of the subdivision agreement to extend the time to complete the uncompleted items specified above.. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the subdivision agreement is hereby modified as per the attached Exhibit "A" and the completed public subdivision improvements for Tract 1182 are hereby accepted for maintenance by the City of San Luis Obispo and the Council authorizes the release of a portion of the bonds in accordance with the modified subdivision agreement. On motion of Councilman Settle , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of February 1986.. R 5886 Resolution No. 5886 (1986 Series) Page 2. ATTEST: Q City Administrati a Officer 4",�l : - City torney City En 'neer Co unity Development Director jk2 /t1182acp MAYO ON DUNIN AGREEMENT THIS AGREEMENT, dated this 4th day of Feb. 1986 by and between VOLNY INVESTMENT CO., A Limited Partnership,'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 subdivision of real property in the City of San _Luis Obispo, County of San Luis Obispo, State of California, as shown on final map of Tract 1182, City of San Luis Obispo, California; as approved by the City Council on the 19th day of February, 1985. WHEREAS, a Subdivision agreement was entered into between the abotve- mentioned parties, to guarantee completion of the subdivision requirements within twelve (12) months, and WHEREAS, the original agreement has not expired, and WHEREAS, the Subdivider has completed all items except completion of certain water system improvements as follows: 1.. Telemetering system for water system 2. Surge control for water system 3. Soft -start motor for water pumping system and has requested acceptance of the completed subdivision improvements and release of respective surety, NOW THEREFORE, the Subdivision Agreement dated February 19, 1985 for Tract 1182 is hereby modified so as to extend the time of completion to complete the above- mentioned items to June 17, 1986. However, completion of the water. pumping system noted above shall be required prior to issuance of occupancy releases. The Faithful Performance and Labor and Materials Bonds shall be released in the amounts of $1,197,000 and $598,500, respectively. The remaining $183,000 of the Faithful Performance surety shall be withheld as follows: 1. $133,000 as a warranty for the accepted improvements for one (1) year and; 2. $50,000 to guarantee completion of the water improvements (pumping system). All other provisions of the afore,- mentioned Subdivision Agreement shall remain in force, including the Subdivision bond in the amounts to be retained, prescribed herein. The Council hereby authorizes the Public Works Director to release the surety upon satisfactory completion of the above - mentioned items. IN WITNESS WHEREOF this agreement has been executed by: VOLNY INVESTMENT CO. A Limited Partnership By: VOLNY CONSTRUCTION CO. General Partner By: By: Arrfgld �Tolny, President Diana M. Volny, Secretary ATTEST: 4th day of Febtua APPROVED: City E i n e e r APPROVED AS TO FORM: City A t rney jk2/t1182acp by 1 1986 CITY OF SAN LUIS OBISPO MAYO r RON DUNIN J RESOLUTION NO. 5885 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT 1229 (Unit I) (SANTA LUCIA HILLS, SUBDIVIDER) WHEREAS, the Council made certain findings concerning Tract 1229 as contained in Resolution No. 5663 (1985 Series), and WHEREAS, a Faithful Performance Bond in the amount of $5,000.00 is on file to guarantee installation of subdivision improvements, and a Labor and Materials Bond in the amount of $2,500.00 is on file. NOW THEREFORE BE IT RESOLVED, this Council hereby grants approval of the final map of Tract 1229 and authorizes the Mayor to execute the agreement. On motion of Councilman Settle , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of February , 1986. ATTEST: CITY CLERK Pk5a VOGES +r w r* r r r x ,R►G C - M;Y 4 RON DUNIN R 5885 APPROVED: ke-0; 5 City j Lv& oftiker City Atto ey Community Development Director City E14ineer jk2 /t1229fin1 by A G R E E M E N T THIS AGREEMENT dated this 4th day of February, 1986,by and between SANTA LUCIA HILLS, INC., a California Corporation, herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred tows 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 of Tract 1229 (Unit 1), City of San Luis Obispo, California, as approved by the City Council, on the 4th day of February , 1986 WHEREAS,the Subdivider desires that said Tract 1232 be accepted and approved as a final map pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Subdivider agree to install the improvements 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: E 074. 01.08 • • 150QOOMR 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 & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of 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 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 complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement 2 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. Park -in -lieu fees are not required for Unit 1 (Tract 1229) due to a current credit balance. Fee paid via Tract 929 (Unit 5 & 6) was $16,770.60. Revised fee per Greg Smith memo (October 18, 1985) is $15,195.60. Current credit is $1,575.00 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. 3 1 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 $5,000.00 and which is in the the amount of the estimated cost of said improvements. Subdivider �G 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. 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, instrument of credit, or cash deposit, which has 4 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—*-., 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 *, 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. *Inspection fees shall be deducted from inspection account (Fund No. 605) per Tract 929• o 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 SUBDIVIDER BY: SANTA LUCIA HILLS Californi Corporation MA R RON DUNIN Charles French, President q':�- 4-:� ::2� Fr'ench, cretary ATTEST: Approved as to form: /0 ----) City At rney City gineer JK1 /Agr -Form r ** r r r w x 2 Sa,lor c. e /C/C /V/ "(- �'i��i � e �i� RESOLUTION NO. 5884 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN LUIS OBISPO BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the Mayor is hereby authorized to sign the attached agreement (marked Exhibit A) and entitled "Assignment of Rights to Money Forfeited under the Uniform Controlled Substances Act ". Said agreement between the City of San Luis Obispo, the cities of Paso Robles, Atascadero, Morro Bay, Pismo Beach, Grover City, Arroyo Grande, the California Department of Justice, California Polytechnic %State University and theJCounty of'Sari'Luis Obispo shall authorize the expenditure of narcotics asset seizure funds as further described in the agreement. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: A. Chairman, Governing Board of the Narcotics Task Force. B. Special Agent In Charge, Narcotics Task Force. Jr Co: .-1E, On motion 6f Councilman Settle ,seconded by Councilwoman Rappa and on the following roll call vote: Ayes: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin Noes: None Absent: None the foregoing Resolution was passed and adopted this 4thday of February lg 86 Mr OR RON DUNIN R 5884 Resolution No. 5884 APPROVED: City Administrative O ficer City Att ey Of; I R44 Chief Police -2- (1986 Series) udl fo/^ /UCLrG'D��S TSB �%� rz� FIhV4 C6, �4) ASSIGNMENT OF RIGHTS TO MONEY FORFEITED UNDER THE UNIFORM CONTROLLED SUBSTANCES ACT EXHIBIT A This assignment is entered into by and between the County of San Luis Obispo on behalf of its Sheriff and District Attorney, the Cities of Arroyo Grande, Atascadero, Grover City, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo, on behalf.of their respective Police Departments, the State of California on behalf of the Department of Justice, Bureau of Narcotic Enforcement, and California Polytechnic State_Un ee?siti%_Doace 2Uepartmerit, This .agreement approved on February 4, 1986. WITNESSETH: Whereas, the parties to this agreement all operate law enforcement agencies or prosecutorial offices which are charged with responsibilities of enforcing the California Uniform Controlled Substances Act; and Whereas, the parties have, through their various chief law enforcement and prosecutorial officers worked co- operatively and in concert in investigating -'and enforcing said Act under the auspices of the San Luis Obispo County Narcotics Task Force; and Whereas, said enforcement activity -has resulted in forfeitures of money or other things of value which have been converted to money in accordance with said Act; and Whereas, in accordance with various orders of the Superior Court proper disbursement has been made to all persons or agencies entitled to share in said forfeitures under Health and Safety Code Section 11489(a),(b)(1) and (2)(A); and Whereas, funds remaining from said forfeitures under Health and Safety Code Section 11489(b)(2)(B) have accumulated in an account entitled Narcotics Task Force Asset Forfeiture Account; held by the County of San Luis Obispo; and Whereas, some or all of the parties to this agreement may have valid claims to the money in said account under the Act, or more particularly under Section 11489 or subsection (b)(2)(B) thereof, of the California Health and Safety Code; and Whereas, upon recommendation of the "Board of Governors of the San Luis Obispo County Narcotics Task Force ", each of said parties desire to assign all such claims and waive any and all rights to a certain portions of said moneys, in accordance with this agreement. NOW, therefore, for and in consideration of the mutual assignment, waiver, covenants and agreements set forth herein it is mutually agreed as follows: 1) Each party hereby assigns all claims and rights it may have to six thousand five hundred dollars ($6500) of the aforesaid money and irrevocably waives all claims to said sum by transferring all said claims and rights it may possess in said amount, or any part thereof, to the County of San Luis Obispo for the sole purpose of purchasing a narcotic detecting canine, and obtaining necessary training in the use of such animal. -2- J/ 2) Upon final approval of this agreement by all parties hereto, San Luis Obispo County's Auditor Controller shall cause disbursement in accordance with paragraph one of this agreement from funds on hand in said asset forfeiture account. 3) Detective Rich Conradi of the San Luis Obispo County Sheriff's Office (assigned to the Narcotics Task Force) shall be responsible for supervision of the acquisition of the narcotic detecting canine, and securing the necessary training in its use. 4) It is further agreed by and between parties that said canine will be permanently assigned to the unit recognized by all parties as the San Luis Obispo County Narcotics Task Force. 5) It is agreed that this assignment be executed in counterparts and shall become effective upon execution by all parties hereto and delivery of an executed original or certified copy of each and every party's executed original document to the San Luis Obispo County's Auditor Controller. In witness whereof; each of the parties hereto has executed this assignment agreement on the date set forth opposite their respective signatures. Dated City of Arroyo Grande Mayor Dated City of Atascadero Mayor -3- ' i Dated California Dept. of Justice Bureau of Narcotic Enforcement Dated California Polytechnic State University Dated City of Grover City Mayor Dated City of Morro Bay Mayor Dated City of Paso Robles Mayor Dated City of Pismo Beach Mayor -4- f� Dated February 4, 1986 City of San Luis Obispo Dated 463.3r Mayor Ron Dunin County of San Luis Obispo -5- airman of the Board of Supervisors �aY � acs _ Fl-)11040-�P N,✓ RESOLUTION NO. 5883 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING IBI GROUP TO PROCEED WITH PHASE 2 OF CONTRACT AND APPROPRIATING $6,000.00 FROM THE UNALLOCATED PARKING FUND 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 WHEREAS, the Consultant is prepared to begin Phase 2 of the project, WHEREAS, the Council wishes the Consultant to prepare preliminary concept design and cost estimates for site 1b,. NOW THEREFORE BE IT RESOLVED that Council hereby directs the Consultant to complete Phase 2 of the contract (Site 1b) in accordance with the contract and directs the Finance Director to appropriate $6,000.00 from the unallocated parking fund to the project fund ( #957), to provide for said work. On motion of Councilman Griffin . seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Rappa and Mayor Dunin NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 27th day of January , 198, ATTE C11 CLERK PAMEL .VOGES POF MAY RON DUNIN R 5883 Resolution Ho. 5883 (1986 Series) Page Two. M 1F iF 1F IF M /F M APPROVED: 14"-t a City Administrativ Officer Public Works Director City Engineer WAP3 /IBI by � - tiA� �% v ,�..� ;; - -- ,. ___.__l- - - -.,. .; ��, �. RESOLUTION NO. 5882 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING COUNCIL GUIDELINES FOR MEETING SCHEDULE, AGENDA SUBMITTALS AND GENERAL PROCEDURES AND RESCINDING OTHER RESOLUTIONS IN CONFLICT (RES. 599 & 5289) WHEREAS, State law requires that a City Council comply with certain requirements designed to provide reasonable and adequate public notice of its meetings; and WHEREAS, the establishment of procedural rules for the conduct of meetings of the City Council will promote and enhance a more efficient and effective administration of the City; and WHEREAS, the implementation of procedural rules regarding Council meetings will allow Councilmembers and the public an opportunity to speak freely and fully on all matters of public interest; NOW, THEREFORE, BE IT RESOLVED by the City Council that the following procedures are hereby established for the conduct of Council Meetings. SECTION I. MEETING SCHEDULE A. REGULAR MEETINGS 1. Regular meetings shall be held the first and third Tuesday of each month. a. Meeting schedule may be altered only upon agreement of the majority of the City Council. b. Study Sessions may be held on the second and fourth Tuesday evening as the Council work load dictates. 2. Regular meetings shall be held in the Council Chambers. Study Sessions may be held in the Council Hearing Room. 3. Regular meetings shall be between the hours of 7:00 -11:00 p.m. Study Sess -inns shall be between the hours nf 7 :00 -9 At a.m. R 5882 Resolution No. 5882 (1986 Series) Page 2 Council will adjourn upon completion of the item under discussion at the adjournment hour. Upon consensus, Council may elect to continue past the adjournment hour. c B NOON STUDY SESSIONS (open to the public) 1. The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants and the City Council regarding specific programs, projects or policies. 2. Noon Study Sessions shall be between the hours of 12:00 noon and 2:00 p.m. Council shall determine by consensus the specific schedule within those hours. 3. Noon Study Sessions may be held in the Council Hearing Room. 4. The participation of the public shall be at the discretion of the Presiding Officer, upon consensus of the Council. C. SPECIAL MEETINGS (as defined by State law) 1. Special meetings may be called by the Mayor or three members of the City Council. 2. Written notice must be given to the City Council and to the media 24 hours prior to each meeting. 3. A supplemental telephone call shall be made if necessary to notify each Councilmember. 4. No business other than that announced shall be discussed. 5. Any special meeting held at a place other than City Hall shall be open to the public. Notice requirements of the Brown Act shall be complied with for any such meetings: regular minutes shall be taken by the City Clerk and shall be available for public inspection. D. CLOSED SESSIONS (closed to the public) 1. Closed Sessions are regulated pursuant to the Brown Act. Resolution No.5882 (1986 Series) Page 3 2. No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four - f.ifths vote of the Council. SECTION II. AGENDA A. Any Councilmember may submit an item for the agenda. Staff will prepare staff report on behalf of the Councilmember if formal Council action is required. Action in support of or opposition to legislation at another government level, or of a specific cause, shall be considered only if the subject issue directly affects or is within the purview or control of the City of San Luis Obispo. B. Items may be submitted by the public to be placed on the agenda by a Councilmember or staff. If formal Council action is required, a staff report, approved by the Administrative Officer, must be a part of the agenda item. C. An emergency item, as determined by the Mayor, may be placed on the agenda. An emergency item is defined as one of an emergency nature or with a critical deadline. D. An item may be added by a majority of the Council. E. Reconsideration of an item shall be pursuant to parliamentary procedures. (Robert's Rules) F. ORDER OF BUSINESS shall be as follows: 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Consent Agenda (defined under Item G) 5. Special Presentations 6. Public Comment 7. Public Hearings 8. Business Items 9. Communications G. CONSENT ITEMS - -first items on the agenda (items familiar to Council; routine; already have support; or items to be later set for public hearing). 1. Any item may be pulled by a Councilmember. i Resolution No. 5882 (1986 Series) Page 4 2. Public may request a Councilmember to pull an item. 3. Pulled items shall be heard at the close of the session unless majority of the Council deems otherwise. 4. Discussion confined to Councilmembers, unless removed from consent agenda. H. ORDINANCES: 1. The Charter does not require a public hearing for first reading. 2. Any Councilmember may request a public hearing for first reading. 3. All potentially controversial items will be placed as public hearing on first reading. I. COMMUNICATIONS: 1. Not to exceed fifteen minutes. Each subject limited to 5 min. or continued to next meeting as a regular business item. 2. Any Councilmember or the City Administrative Officer may informally update or inform the City Council of written or oral communications and ask for comment and /or discussion. General direction may be given. An item requiring formal approval may be continued to the next Regular meeting or, upon Council consensus, action, including direction to staff, may be taken immediately. SECTION III. MEETING PROCEDURES A. PRESIDING OFFICER 1. Duties. a. The Mayor is the Presiding Officer pursuant to City Charter Section 407 and acts as chairman at the meetings. b. In the absence or incapacity of the Mayor, the Vice -Mayor will act as Presiding Officer. 2. Seating arrangement of the Council: a. The Mayor Pro - Tempore (Vice - Mayor) shall always be seated immediately next to the Mayor. b. The Mayor, with approval of individual Councilmembers, shall establish other seating arrangements for regular Council meetings. Resolution No. 5882 (1986 Series) Page 5 3. Questions to be stated: a. The Presiding Officer or designated staff shall verbally restate each question (motion or action) immediately prior to the vote. b. Following the vote the City Clerk shall announce whether the questions has been carried or defeated. c. The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so. 4. Signing of City documents: The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts, and other documents which have been adopted by the City Council and require an official signature. In the event the Mayor is unavailable, the Mayor Pro - Tempore's (Vice- Mayor) signature may be used. B. DISCUSSION RULES 1. Getting the Floor: a. A member of the City Council or staff shall first address the Presiding Officer and gain recognition. b. Comments to questions under debate, should be limited, and personality conflicts and discourteous language avoided. C. Cross - exchange between Councilmembers and public as well as between individual Councilmembers should be avoided. 2. Questions to Staff: A Councilmember shall, after recognition by the Presiding Officer, address questions to the designated staff member. 3. Interruptions: a. A Councilmember, once recognized, shall not be inter- rupted while speaking except to make a point of order or personal privilege. (Robert's Rules) b. If a Councilmember, while speaking, is called to order, the individual shall cease speaking until the question of order is determined. (Robert's Rules) c. Members of staff, after being recognized by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. Resolution No 5882 =(1986 Series) Page 6 4. Limitation on Discussion: No Councilmember shall speak more than once on a particular subject until every other Councilmember has had the opportunity to speak. 5. Tabling Procedure: Immediately stop discussion and vote. (Robert's Rules) 6. Right of Protest: A Councilmember is never required to state reasons for dissent. 7. Rules of Order: Those rules in effect according to the City Council policy, State law and modified Robert's Rules of Order. C. ADDRESSING THE CITY COUNCIL 1. Individuals shall: a. Address the Council from the podium after giving name and city of residence. b. Comment on the specific matter before the Council, with reasons for the position taken. Written comments are encouraged and should be submitted before the public hearing is closed on that item. c. Limit comment to three minutes until others have had opportunity to address the Council. The Presiding Officer may, after all others have spoken, allow additional, brief comment from speakers who have already commented on the same agenda item. 2. Group or applicant representatives shall: a. Address the Council from the podium after giving name of the group, its purpose if necessary, and the representa- tive's name and city of residence. b. Be permitted up to ten minutes to speak in either support or opposition to an agenda item. Prior written comments are welcome and encouraged. 3. After the public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. D. PROTOCOL: 1. Councilmembers and Staff shall: a. Work earnestly to preserve appropriate order and decorum during all meetings. Side conversations, disruptions, interruptions or delaying efforts are discouraged. Resolution No75882 (1986 Series) V� J Page 7 b. Inform the Presiding Officer when departing a meeting. 2. Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may request the removal of the person(s) from the Council Chamber or take such other appropriate action as permitted in the Brown Act. 3. Only the City Council, staff, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. 4. Enforcement of order: a. The Police Chief or his designee shall act as the Sergeant -at -Arms. b. Any Councilmember may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. E. VOTING PROCEDURES 1. All Councilmembers, when present, shall vote. Failure of a seated Councilmember to vote will be construed as an affirmative vote. 2. Three affirmative votes are necessary to decide an action. 3. Conflict of interest shall be declared whenever appropriate and in compliance with State law. 4. A vote may be changed by a Councilmember only immediately after vote announcement by the Clerk and prior to the introduction of the next agenda item. 5. The Clerk shall restate the motion prior to the vote. 6. Consensus or voice vote shall be taken whenever possible in order to streamline meetings. On motion of Councilman Griffin , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Griffin, Rappa, Dovey, Settle and Mayor Dunin NOES: None ABSENT: None Resolution No. 5882 (1986 Series) Page 8 the foregoing Resolution was passed and adopted this -21st day of January . 1986. MA R RON DUNIN ATTEST . A l �� J� � C1.TY CLERK PAME VOGES Aprd : 3 Administrat ve 0 fic ,� i ✓ �% ����I ��� ��� ,.._. j RESOLUTION NO. 58810986 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO RANKING RESIDENTIAL PROJECTS ACCORDING TO GROWTH MANAGEMENT REGULATION STANDARDS, AFFECTING PROJECTS REVIEWED DURING THE MONTH OF JANUARY, 1986 The Council of the City of San Luis Obispo resolves: SECTION 1: Findings. The council has carefully reviewed the characteristics of each of the following projects, based on scoring standards established by Section 17.88.100 of the Residential Growth Management Regulations. SECTION 2: Action. The following scores are assigned to each project and authorization is granted for issuance of building permits as follows: A. Rustic Gardens Condominium project, 670 Chorro Street, (Tract 1148, ARC 83 -104). Growth Management Standards score: 11 points. Building permit authorization: 8 units. B. Vista del Obispo Apartments, 437 Kentucky Street (ARC 85 -73). Growth Management Standards score: 11 points. Building permit authorization: 8 units. C. Willowbrook Condominium project, 4036 Poinsettia Street (Tract 1229, Unit 2, ARC 84 -178). Growth Management Standards score: 9 points. Building permit authorization: 9 units. On motion of .Mayor. l?unin........... seconded by .Councilman Settldhd on .............. .... I the following roll call vote: AYES: Mayor Dunin, Councilmembers Settle, Griffin and Rappa NOES: Councilwoman Dovey ABSENT: None the foregoing resolution was passed and adopted this2l.st day of January_ , 1986. May Ron Dunin ATTEST: C ty Clerk Pamel� urges R 5881 APPROVED: City Administrative ffi er City Attor Community Development Director ���5 ,-� � , ", .. r. .:... ., . RESOLUTION N0. 5880 _J (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING AN EXCEPTION FROM THE GROWTH MANAGEMENT REGULATIONS FOR WILLOWBROOW CONDOMINIUMS AT 4036 POINTSETTIA STREET The Council of the City of San Luis Obispo resolves: SECTION 1. Findings. 1. In accordance with state and city environmental review guidelines (Section 15305), the exception request is determined to be categorically exempt, as a minor alteration in land -use limitations. 2. fit would not be desirable to construct the project in phases. because it consists of an integrated group of buildings approved as a specific plan. 3. Completion of the project would not significantly conflict with the long -term objectives of the regulations, considering recent and anticipated construction levels. SECTION 2. Action. The Willowbrook Condominium project (ARC 84 -78; Tract 1229, Phase II), consisting of twenty - eight dwellings at 4036 Pointsettia Street is excepted from the monthly limitation on the number of dwellings which may be authorized by building permits. On motion of Councilman Griffin , seconded by rnnn ,,;lmnn Cottla , and on the following roll call vote: AYES: Councilmembers Griffin, Settle and Playor Dunin NOES: Councilmembers Dovey and Rappa ABSENT: None the foregoing resolution was passed and adopted this 21cr day of January , 1986. ATT v C1 y Clerk Pam a Vloges 40MMMMMMMM� -P 4W., .126.04-AL MAMOT Ron Dunin Z R 5880 Resolution. No. 5880 Page 2 APPROVED: (1986 Series) City Admini rati a &fficer City Atto ey r— ,n Community Development Director RESOLUTION NO.' 5879 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING A STUDENT- HOUSING EXCEPTION FROM THE GROWTH MANAGEMENT REGULATIONS FOR VISTA DEL OBISPO APARTMENTS AT 437 KENTUCKY STREET The Council of the City of San Luis Obispo resolves: SECTION 1. Findings. 1. More than 400 student - oriented housing units have been constructed since 1984. 2. The proposed project, in conjunction with other student - housing projects, is likely to conflict with the long -term objectives of the Growth Managment Regulations (S.L.O.M.C. Chaper 17.88). 3. Significant delays in building permit issuance for the project due to growth management are unlikely. SECTION 2. Action. The Vista del Obispo apartments project (ARC 85 -73), consisting of eight dwellings at 437 Kentucky Street is not granted a student - housing exception from the monthly limitation on the number of dwellings which may be authorized by building permits. On motion Of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Rappa NOES: Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this 21st day of January , 1986. Mayo Ron Dunin ATTEST O _ i n City Perk Pamela ges R 5879 Resolution No. 5879 Page 2 (1986 Series) APPROVED: City Administrative bffi r Community Development Director ���f oss ,� �, i� ,� .. .. 4� . .`. RESOLUTION NO. 5878 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALKS CONSTRUCTED UNDER THE 1911 ACT, ;,CHAPTER 279 STREETS AND HIGH- WAY 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 construction costs shall be paid within thirty -one (31) days after the ing unpaid thereafter shall be turned placed as a lien against the property and subject to the same penalties and installment. The property owners, ad, shown on Exhibit "A "; and date hereof and any such costs remain - over to the City Tax Collector to be and collected with the City taxes, costs if not paid on the first tresses and construction costs are WHEREAS, at the request of the property owners and in accordance with Chapter 12.12 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 (10X) 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 fore- closure and sale. Said property owners, addresses and construction costs are shown on Exhibit "B ". R 5878 J Resolution No. 5878 (1986 Series) Page 2. On motion of Councilman Settle. seconded by Councilwoman_Dovey and on the following roll call vote:. AYES: Councilmembers Settle, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: Councilwoman Rappa the foregoing Resolution was passed and adopted this 21st . day of .. • �..� ' ATTEST: CITY CLERK PAMELA VOLES i i APPROV 6�a, e- Q -?'irnan/ Adm nistrative Officef a City Attorney Fina e i ect'orr Public Works Director J. EXHIBIT "A" OWNER LOCATION AMOUNT GG?fBZ, 485 93 Pis= St. 40.00 R W. M*RTEN 496 Pismo St. 40-00 GiBrDom 1528L Njpq;aq 2�ca 47 ANN HANSEN 685 Ruehen 45:7. 93 M. W. HkRPER 673 Buelten 84:7. 50— 8 - & M. DE)UGHT* 1519 Nipeffie 9 i 5 -la- t w m EXHIBIT "B" OWNER LOCATION AMOUNT HAROLD J. LIVESEY TR., ETAL 670 Buchon $1598.50 GERALD S. & LEONA L. MARTIN 1445 Broad (also 5741.39 Buchon side) W.W. & D. ESTRADA 658 Buchon 1621.75 P.E. & L.G. LEO M-120a aide) 661 Buchon 1412.50 M. L. LEITNER 651 Buchon 1412.50 KEITH C. & DIANE E. MILLER 641 Buchon (also 2749.41 v. PehiN Nipomo side) 1518 Nipemo 1453-48 HARRY & ADBLiNE BUTTORFF Buehen 591 (Nipomo side) !650.49 �il� �� RESOLUTION NO. 5877 (1986 Series) A RESOLUTION APPROVING THE ADMISSION OF THE CITY OF SANTA MARIA AS A LIABILITY PLAN PARTICIPANT IN THE CENTRAL COAST CITIES INSURANCE FUND JOINT POWERS AUTHORITY. WHEREAS, the City of San Luis Obispo is a liability plan participant in the Central Coast Cities Insurance Fund Joint Powers Authority; and WHEREAS, the City of Santa Maria has petitioned to become a participant in said Fund's liability plan; and WHEREAS, under the agreement of the Joint Powers Authority, a new member may be admitted to one or all plans of the Fund upon receiving a two- thirds majority vote of the entire Board of Directors subject to ratification by two - thirds majority vote of the cities participating in the Fund; and WHEREAS, the Board of Directors has determined the City.of Santa Maria meets all the requirements of membership of the JPA; and WHEREAS, the Board of Directors of the Central Coast Cities Self Insurance Fund Joint Powers Authority has unanimously cast an affirmative vote for the admission of the City of Santa Maria to the Fund's Liability Plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo that it hereby ratifies approval of the admission of the City of Santa Maria as a Liability Plan participant in the Central Coast Cities Self- Insurance Fund Joint Powers Authority effective February 1., 1986. On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this2lst day Of January , 1986. ATTEST: CIT CLERK PAMELA GE MAYO ON DUNIN �esssssx R 5877 ;D Resolution No. 5877 (1986 Series) Page 2 APPROVED: P, Q s City Administrative Officer City Att ney inance Director a-� lye I RESOLUTION NO. _5876 (1986 SERIES) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF GARFIELD STREET BETWEEN GRAND AVENUE_ AND BUENA VISTA- AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon a six -foot wide strip of right -of -way on both sides of Garfield Street between Grand Avenue and Buena Vista Avenue as shown on the map marked "Exhibit All attached hereto and incorporated herein by such reference, pursuant to Section 8300 et. seq. of the Streets and Highways Code. SECTION 2. Copies of the map showing the particulars of the proposed abandonment are also on file in the office of the City Clerk. SECTION 3. Tuesday, February 18, 1986, in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full at least three (3) days before the public hearing on the proposed abandonment, in the Telegram- Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment along that portion of the street R 5876 Resolution No. 5876 (1986 Series) Page 2 proposed to be abandoned at least fourteen (14) days before the date set for hearing in accordance with section 8322 of the Streets and Highways Code. SECTION 6. The proceeding to be taken will be subject to reservation by the city of public easements for utilities and street trees, and subject to such other conditions as the council deems appropriate. SECTION 7. The City Engineer shall notify utility companies affected by the proposed abandonment at least ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways Code. On motion of Councilman Settle , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 21st day of January , 1986. 1 - _ = _ - - Mamma Mayor Ron Dunin ATTEST• % q V City lerk Pamela oges Resolution No. 5876 (1986 Series) Page 3 APP �., D/:� (�s�C- City Administrative O ficer -7-r l-: a RESOLUTION NO. 5875 (1986 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 October 1, 1985 through December 31, 1985 are hereby approved. On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle., Griffin, Dovey and Rappa NOES: Mayor Dunin ABSENT: None . the foregoing Resolution was passed and adopted this 21st day of January 1986. 'MAY RON DUNIN CIT CLERK PAMELA '(OGE3' A P OV �J Ci y inistra e Off is City Att rney ' o City Engineer Lynch /workordrs by R 5875 /v /,<-- S-1, -) .f IIINI�In�III�IIIIiIIII� III City of k.AS OBISpo MEETING DATE: Jan. 21, 1.986 ffams psa/n /C��a C®t� NCIL E� ®A REPORT IT M •� - FROM` David F. Romero Wayne A. Peterso Prepared by: Barbara L ch Public Works —Z Engineering Assistant Trmffi SUBJECT: – Traffic Work Orders.for the Period of October 1, 1985 , through December 31, 1985 CAD RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of October 1, 1985 through December 31, 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. Nearly one -half were requests for signing, including signs for new tracts, from both staff and the public. Another one- quarter were red curbing requests mostly from the public. The remainder were parking and striping changes 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 October 1; 1985 through December 31, 1985• Attachments: Completed Traffic Work Orders . (October 1, 1985 through December 31, 1985) Lynch /wrkordrs by C-7 -1 RESOLUTION N0. 5874 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING THE LIST OF CITY EMPLOYEES AND COMMISSION MEMBERS REQUIRED TO FILE A CONFLICT OF INTEREST STATEMENT AND RESCINDING RESOLUTION NO. 5262 (1983 SERIES) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City employees listed on the attached Exhibit "A" shall be required to file a Conflict of Interest Statement with the City Clerk. SECTION 2. Members of the City commissions listed on the attached Exhibit "B" shall be required to file a Conflict of Interest Statement with the City Clerk. On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 21st day of -jan-VALr + , 1986. YOR ON NIN • R 5874 f� Approved: Pai'a Tlo�� AMinistrativY Off i er r� City Attor ey , 'a )"4 If C Clerk PARTMENT POSITION TITLE DESIGNATIVE POSITIONS* Administrative Office: Assistant Administrative Officer Assistant to the CAD Transit and Contracts Coordinator Executive Secretary City Attorney: Assistant City Attorney City Clerk's Office: City Clerk Community Development Dept. Director of Community Development Chief Building Official Plan Check Engineer Building Inspector(s) (3) Administrative Assistant Finance Department: Director of Finance Chief Accountant Financial Systems Manager Fire Department: Fire Chief Battalion Chief (Fire Marshall) Fire Captain(p) (14) Recreation Department: Director of Recreation Personnel Department: Personnel Director Personnel Technician Secretary I (Confidential Employee) Police Department: Chief of Police Police Captain(s) (2) Police Lieutenant(s) (4) Technical Services Coordinator Public Works Department: Director of Public Works Administrative Assistant Utilities Engineer Transportation Manager Building and Parks Manager Utilities Manager Public Works Inspector(s) (2) Sewer Source Control Technician City Engineer Supervising Civil Engineer(s) (2) Engineering Assistant(s) (4) Engineering /Field Supervisor Surveyor *or as hereafter may be reclassified EXHIBIT "A" NOTE: City Councilmembers, Planning Commissioners, City Administrative Officer and City Attorney are required to file pursuant to State mandate using Form 721 and are, therefore, not shown as designated positions by the City. Committees /commissions required to file conflict of interest statement: ARCHITECTURAL REVIEW COMMISSION HOUSING AUTHORITY & Executive Director for Housing Authority EXHIBIT "B" RESOLUTION NO. 5873 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND MIKE'S COPY AND GRAPHICS TO PROVIDE COPIER SERVICES TO THE CITY OF SAN LUIS OBISPO WHEREAS, that certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference approving an agreement between the city and Mike's Copy and Graphics 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: Mike's Copy and Graphics, Finance Department On motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 21st day of January , 1986. ATTEST: CITI CLERK PAMELA VOGES V YO RON:;DUNIN. s s s s R 5873 COPYING SERVICES AGREEMENT This Agreement, dated January 21, 1986 , is between Mike's Copy & Graphics and the City of San Luis Obispo (referred to as "City" in the following). WHEREAS, the City desires to contract with a single entity for general copying, duplicating and related services; and WHEREAS, the City has selected Mike's Copy & Graphics (hereinafter, "Vendor ") as that entity by competitive bid and by reason of its qualifications and experience for providing such services, and Vendor has offered to provide these services on the terms and in the manner desribed here; NOW, THEREFORE, these parties agree to the following: �1I#10 1] lUTT n I CO J a. City. All work ordered by City will be accompanied by a "copy order" from- 11sting the specifications- of the "job" and the name and telephone number of the person ordering the job. This person will be responsible for property preparation of the work and respond to questions for Vendor. Questions related to billing, scheduling, materials, pick -up and deliveries or other problems associated with services to be directed or coordinated with the Community Development Administrative Assistant. b. Vendor. Vendor shall assign a single person to have overall responsibility for the production of work done for the City. This person will respond to questions from the City. 2. DUTIES OF VENDOR a. Services to be furnished. Vendor shall.provide the services and materials listed in Exhibit "A ", attached to this Agreement. Copying Services Agreement Page 2 b. Deadlines. Regularly- scheduled jobs (such as agendas) are to be delivered within 24 hours of pick -up. All other work will be produced in a timely manner, meeting the deadline listed on the copy order. If the deadline cannot be met, Vendor will notify the person ordering the job before beginning. If Vendor is unable to meet the required deadline, City may take the work elsewhere for copying services. c. Quality Control. Vendor will take the necessary steps to insure that the work is produced without errors or omissions, and that a consistent level of high quality is maintained. Unacceptable work which is the fault of Vendor will either be re -run or repaired at no charge to City. If the fault of City, City will pay reasonable costs.. d. Protection of materials. Vendor will take the necessary precautions to protect City property from loss, damage, theft and unauthorized use. e. Permits and licenses. Vendor shall procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary of the services to be performed by Vendor under this Agreement. f. Release of reports and information. Any reports, information, data, or other material given to, prepared by, or assembled by Vendor under this Agreement shall be the.property of City and shall not be made available to any individual or organization by Vendor without the prior written approval of City. g. Authorized purchases. Vendor will insure that only authorized departments, commissions, agencies and individuals purchase copying under this Agreement. Unauthorized purchases will not be paid by City. } Copying Services_ Agreement Page 3 h. Qualifications of Vendor. Vendor represents that it is qualified to furnish the services described under this Agreement. K�114d1 *K43 me] 6WA City agrees to cooperate with Vendor and perform the following: a. Preparation of originals. Material submitted for copying shall be properly prepared to the standards required by Vendor. b. Work order. City will provide each job with a copy order form listing the required specifications to complete the work. c. Pick -up /drop -off point. City will provide one location in City Hall where material will be picked up and delivered. d. Quality control. City will examine all jobs to insure that the Job has been properly produced. Unacceptable work will be repaired or re -run at no cost to City if the fault of Vendor. If the fault of City, City will pay reasonable costs. 4. COMPENSATION a. City shall pay the Vendor for services performed under this Agreement as specified in Exhibit "A ". b. Vendor shall deliver each job with an invoice stating: - Vendor's name, address and invoice number; - name of the department ordering the job; - title or description of the job; - number of copies and the amount due at the rate specified in Exhibit "A "; - itemized listing of special materials and services and the amount due at the rate specified in Exhibit "A ". Copying Services Agreement Page 4 c. Payment shall be due within thirty (30) calendar days of the invoice date. d. Prices charged by vendor, as specified.in Exhibit "A", shall not be increased without written consent of City. e. Charges for "rush" jobs or work requiring "overtime" to produce must be agreed to by City in advance. 5. TRADE CUSTOMS Except as noted in this Agreement, legally- accepted "trade customs" applied to the printing trades will be observed (Exhibit "B "). 6. DURATION OF AGREEMENT This Agreement will remain in effect for one year, beginning February 8, 1986, and may be extended on a month -to -month basis for up to an additional six months upon written consent by both City and Vendor. 7. SUSPENSION; TERMINATION a. Right to Suspend or Terminate.. Either party may terminate this Agreement at any time by providing thirty (30) days written notice of termination to the other party. b. Return of Materials. Upon such termination, Vendor shall return to the City all materials not yet copied. Work -in- process will be completed, delivered and billed as outlined by this Agreement. 8. NOTICES All notices hereunder shall be given in writing and mailed, postage . prepaid and addressed as follows: Copying Services Agreement To City: City Clerk City of San Luis Obispo P. 0. Box 8100 San Luis Obispo, CA 93403 -8100 To Vendor: Mike's Copy & Graphics_ 775 Foothill Blvd. San Luis Obispo, CA 93401 9. INTEREST OF VENDOR Page 5 Vendor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. It is expressly agreed that, in performing these services, the Vendor shall at all times be deemed an independent contractor and not an agent or employee of City. 10. INSURANCE At the request of City, Vendor shall provide proof of comprehensive general liability insurance (including automobile) and business liability Insurance in amounts satisfactory to City and hold City harmless.. IN WITNESS WHEREOF, the City and the Vendor have executed this Agreement the day and year below written. VENDOR: Dated: % - /Y - 840, CITY OF SAN LUIS OBISPO Y' May Ron Dunin ATT7LL City Clerk Pamela ges J EXHIBIT A COST OF SERVICES PROVIDED BASIC CRITERIA - GENERAL COPYING SERVICES . Minimum volume is estimated to be 80,000 copies per month. (Actual volume may vary.) . Minimum of 1 copy of an original, maximum of 1,000 copies. No extra charge for collating or reduction of 74% and 65%. . Free pick- up.and delivery service to City Hall twice daily (once in the morning between 9:30 and 10:00 and once in the afternoon between 3:30: and 4:00, Monday through - Friday, except City holidays. 1. . Same -day service (by arrangement) for regularly scheduled items. 1. Basic charge for copying (81f" x 11" or 8h" x 14" white bond or paper provided by the City): _ per copy. Please see attached letter 2. Added charges for special materials: a. .Color bond (811" x 11" or 8Y" x 14 "): Q per 100 sheets. (20//) All other colors (60 0: 1 -199 sheets 4d /sheet, 200+ 34 /sheet b.. Card stock or gopgq (any color, 8V x 11" or 3a per sheet x tax All covers: 1 -199 6c /sheet, 200+ 5e /sheet, 14" card 1 -199 51/sheet 200+ 44 /sheet c. Carbonless (NCR) forms: A" x 11 ", in lots of 250 (48 hr. delivery). 2 -part: .12 per set 250 sets ) 3 -part: •18 per set ) Small qty. available at prorated cost. 4 -Part: .22 per. set .." to ) 3. Added charges for special services! a. Plastic comb (Cerlox) binding: 754 per book. b. Stapling: 44 per staple (saddle stitching). 34 per staple (side or corner stitching). c. Drilling (2 or 3 holes in standard location): 2,00 per 1,000 sheets. d. Cutting /trimming: .50 per cut. $1.00 min. C. Padding: 154 per pad. (100 sheets) $1.50 min. f. Folding: 3.00 set -up plus 854 per 100 sheets. g. Copy preparation, i.e. unbinding, unstapling, organizing $1r _oOper hour. COPY & GRAPHIC. 775 FOOTHILL SAN IMS OBISPO. CA 83401 805/5443625 January 2, 1986 Pam Voges, City Clerk City of San Luis Obispo. 990 Palm Street San Luis Obispo, CA 93401 Dear Pam, Enclosed is our bid for copying services to the City of San Luis Obispo for 1986. Our pricing structure is: No. of copies Cost per copy 1 - 9 .05 10 - 399 .03 400 - 1000 .025 Add's 1000's .02 100 line screen .15 reductions to 62% N/C We have enjoyed working with you for the past three years. It is our hope this will continue. The same high quality and service will also continue. Sincerely,' /, Mike Buckels ..EXHIBIT "B PRINTING TRADE CUSTOMS Trade Customs have been in general use in the Printing Industry throughout the United States of America for more than 50 years. 1. QUOTATION A quotation not accepted within thirty (30) days is subject to review. 2. ORDERS Orders regularly entered, verbal or written, cannot be cancelled except upon terms that will compensate printer against loss. 3. EXPERIMENTAL WORK Experimental work performed at customer's request, such as sketches, drawings, composition, plates, presswork and materials will be charged for at current rates and may not be used without consent of the printer. 4. PREPARATORY WORK Sketches, copy, dummies and all preparatory work created or furnished by the printer, shall remain his exclusive property and no use of same shall be made, nor any ideas obtained therefrom be used, except upon compensation to be determined by the printer. S. CONDITION OF COPY Estimates for typesetting are based on the receipt of original copy or manuscript dearly typed, double - spaced on 8tfe" x 11" unco4ted stock, one side only. Condition of copy which deviates from this standard is subject to re-estimating and pricing review by printer at time of submission of copy, unless otherwise specified in estimate. 6. PREPARATORY MATERIALS Art work, type, plates, nega- tives, positives and other items when supplied by the printer shall remain his exclusive property unless otherwise agreed in writing. 7. ALTERATIONS Alterations represent work performed in ad- dition to the original specifications. Such additional work shall be charged at current rates and be supported with documentation upon request & PROOFS Proofs shall be submitted with original copy. Correc- tions are to be made on "master set ", returned marked "O.K." or O.K. with corrections" and signed by customer. If revised proofs are desired, request must be made when proofs are returned. Printer regrets any errors that may occur through production undetected, but cannot be held responsible for errors if the work is printed per customers O.K. or if changes are communicated verbally. Printer shall not be responsible for errors if the customer has not ordered or has refused to accept proofs or has failed to return proofs with indication of changes or has instructed printer to proceed without submission of proofs. 9. PRESS PROOFS Unless specifically provided in printer's quo- tation, press proofs will be charged for at current rates. An inspec- tion sheet of any form can be submitted for customer approval, at no charge, provided customer is available at the press during the time of makeready. Any changes, corrections or lost press time due to customer's change of mind or delay will be charged for at current rates. 10. COLOR PROOFING Because of differences in equipment, paper, inks and other conditions between color proofing and pro- duction pressroom operations, a reasonable variation in color be- tween color proofs and the completed job shall constitute acceptable delivery. Special inks and proofing stocks will be forwarded to cus- tomer's suppliers upon request at current rates. 11. OVER RUNS OR UNDER RUNS Over runs or under runs not to exceed 10% on quantities ordered up to 10,000 copies and /or the percentage agreed upon over or under quantities ordered above 10,000 copies shall constitute acceptable delivery. Printer will bill for actual quantity delivered within this tolerance. If customer re- quires guaranteed "no less than" delivery, percentage tolerance of overage must be doubled. 12. CUSTOMER'S PROPERTY The printer will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the customer, while such property is in the printer's possession; printer's liability for such property shall not exceed the amount recoverable from such insurance. 13. DELIVERY Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. local customer's place of business or F.O.B. printer's platform for out-of-town customers. Proposals are based on continuous and uninterrupted delivery of complete order, unless specifications distinctly state otherwise. Charges related to delivery from customer to printer, or from customer's supplier to primer are not included-in any quotations unless specified. Special priority pickup or delivery service will be provided at current rates upon customer's request. Materials de- livered from customer or his suppliers are verified with delivery ticket as to cartons, packages or items shown only. The accuracy of quantities indicated on such tickets cannot be verified and printer cannot accept liability for shortage based on supplier's tickets. Title for finished work shall pass to the customer upon delivery, to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first. 14. PRODUCTION SCHEDULES Production schedules will be established and adhered to by customer and printer, provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of Government or civil authority and acts of God or other causes beyond the control of customer or printer. IS. CUSTOMER FURNISHED MATERIALS Paper stock, cam- era copy, film, color separations and other customer furnished ma- terials shall be manufactured, packed and delivered to printer's specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to the customer. 16. TERMS Payment shall be net cash thirty (30) days from date of invoice unless otherwise provided in writing. Claims for defects, damages or shortages must be made by the customer in writing within a period of thirty (30) days after delivery. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions and specifications. Printer's liability shall be limited to stated selling price of any defective goods, and shall in no event include special or consequential damages, including profits (or profits lost). As security for payment of any sum due or to become due under terms of any Agreement, printer shall have the right, if necessary, to retain possession of and shall have a lien on all cus- tomer Property in printer's possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptances or guarantee of payment shall not affect such security interest and lien. 17. INDEMNIFICATION The customer shall indemnify and hold harmless the printer from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against the printer on grounds alleging that the said printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person's right to pri- vacy or other personal rights, except to the extent that the printer has contributed to the matter. The customer agrees to, at the cus- tomer's own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against the printer, provided that the primer shall promptly notify the customer with respect thereto, and provided further that the printer shall give to the customer such reasonable time as the exi- gencies of the situation may permit in which to undertake and con- tinue the defense thereof. Originally formally promulgated, Annual Convention, United Typothetae of America, 1922. Revised and updated and repromulgated, Annual Convention, Printing Industries of America, Inc., 1945 & 1974. RESOLUTION NO. 5872(1986 Series) A RESOLUTION ACCEPTING NEGOTIATED EXCHANGE OF THE ANNUAL TAX INCREMENT FROM THE COUNTY OF SAN LUIS OBISPO TO THE CITY OF SAN LUIS OBISPO FOR PARCEL #73- 361 -01, A PORTION OF THE SAN LUIS OBISPO CREEK ESTATE SUBDIVISION WHEREAS, in the case of a jurisdictional change other than a city incorporation or district formation which will alter the service area or responsibility of a local agency, Revenue and Taxation Code Section 99(b) requires that the amount of property tax revenue to be exchanged, if any, and the amount of annual tax increment to be exchanged among the affected local agencies shall be determined by negotiation; and WHEREAS, when a city is involved, the negotiations are conducted between the City Council and the Board of Supervisors; and WHEREAS, Revenue and Taxation Code Section 99(b) requires that each local agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to accept the negotiated exchange of property tax revenues, if any, and annual tax increment and requires that each local agency transmit a copy of each such resolution to the Executive Officer of the Local Agency Formation Commission; and WHEREAS, no later than the date on which the certificate of completion of the jurisdictional change is recorded with the County Recorder, the Executive Officer shall notify the County Auditor of the exchange of property tax revenues by transmitting a copy of said resolutions to him and the County auditor shall thereafter make the appropriate adjustments as required by law; and R 5872 WHEREAS, the negotiations have taken place concerning the transfer of property tax revenues and annual tax increment between the County of San Luis Obispo and the City of San Luis Obispo pursuant to Section 99(b) for the jurisdictional change designated as San Luis Obispo Creek Estates, Parcel 73- 361 -01: and WHEREAS, the negotiating parties, to wit: William E. Briam, County Administrator, County of San Luis Obispo and Paul A. Lanspery, City Administrator, City of San Luis Obispo, have negotiated the exchange of property tax revenue and annual tax increment between such entities as hereinafter set forth: and WHEREAS, it is in the public interest that such negotiated exchange of property tax revenues and annual tax increment be consummated. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Council of the City of San Luis Obispo as follows: 1. That the recitals set forth above are true, correct and valid. 2. That the City of San Luis Obispo agrees to accept the following negotiated exchange of property tax revenues and annual tax increment.: a. Property tax revenues previously distributed to the County ($17.63 in FY 1985 -86) shall remain with the County of San Luis Obispo in the fiscal year 1986 -87. b. Annual tax increment in the amount to be determined by the County Auditor, based upon the following percentage agreed to by the negotiating parties, (17.92509 %), shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo in the fiscal year 1986 -87 and each fiscal year thereafter. 3. Upon receipt of a certified copy of this resolution and a copy of the recorded certificates of completion, the County Auditor shall make the appropriate adjustments to property tax revenues and annual tax increment as set forth above. 4. That the City Clerk is authorized and directed to transmit a certified copy of this resolution to the Executive Officer of the San Luis Obispo County Local Agency Formation Commission, who shall then distribute copies thereof in the manner by law. 1 On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None 0 the foregoing Resolution was passed and adopted this 21st day of January, 1986. ATTEST ,� (' CITYICLERK PAMELA GES * * * * * * * * * * * * * * * * * ** APP D: a Q Ci y Administrative„ Pic r Ci Fi J� v Di ctor of Community Development 7 MAY RON DUNIN 6p0 - C/6 Fd RESOLUTION NO. 5871 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A PHILOSOPHY AND STRUCTURE FOR WATER SERVICE RATES, CHARGES, ARID DEPOSITS AND RESCINDING ALL PREVIOUS RESOLUTIONS SETTING WATER SERVICE RATES, CHARGES, AND DEPOSITS. WHEREAS, the City of San Luis Obispo is responsible for the efficient operation of its water utility; and, and, WHEREAS, the City is currently developing a Water Management Plan; WHEREAS, the continued operation and maintenance of the water utility requires adequate revenues; and, WHEREAS, the City encourages water conservation by all users. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San. Luis Obispo establishes the philosophy and structure for water service rates, charges and deposits as set forth below: SECTION 1. Rate Philosophy Statement The primary goals of the City of San Luis Obispo's water utility are to provide quality water service to its citizens and to function as a self- sufficient enterprise. The water should meet all health standards, be free of bad taste and odors, provide adequate fire protection, and assure reliability and continuity of service to users. R 5871 r -. t_1 Resolution No. 5871 (1986 Series) .D To accomplish these goals, the City water utility operations shall be efficiently managed and based on a sound economic foundation. This means following prudent business practices and setting equitable service rates which will result in revenues sufficient to cover expenses. The water service rates shall be based on a cost of service approach while encouraging water conservation. SECTION 2. Deposit Prior to Initiation of Service. All new applicants for service shall establish credit by depositing in advance the amount of $25.00 or the monthly readiness to serve charge, whichever is greater. Such deposit will be either credited to the customer's regular billing, following one year of satisfactory payment history, or applied to the closing bill, whichever occurs first. SECTION 3. Charges for New Service. NOMINAL SERVICE SERVICE METER SIZE INSTALLATION METER INSTALLATION TOTAL 5/8 inch $400.00 S 70.00 $ 17.00 $487.00 3/4 inch 400.00 30.00 17.00 497.00 1 inch 45000 120.00 17.00 587.00 1 1/2 inch 500:00 290.00 17.00 807.00 2 inch 550.00 428.00 17.00 995.00 Larger than 2 inch Actual Cost r Resolution No. 5871 (1986 Series) SECTION 4. Additional Charges for Water Service: a. Acreage Charge: $1,160 per acre (Res. 3856 ((1979 Series)) b. Front Footage Charge: 11.60 per front foot SECTION 5. Retirement or Removal of Meter. a. Meter Removal. 5/8 through 2 inch $15.00 Larger than 2 inch Actual Cost b. Service Retirement. 5/8 through 2 inch $75.00 Larger than 2 inch Actual Cost SECTION 6. Rates for Service. a. READINESS TO SERVE CHARGE: (Monthly charge) METER SIZE INSIDE CITY OUTSIDE CITY 5/8 x 3/4 S 2.70 /month $ 5.40 /month 3/4 inch 4.05 8.10 " 1 inch 6.75 13.50 " 1 1/4 inch 10.80 21.60 " 1 1/2 inch 16.25 32.50 " 2 inch 27.00 54.00 " 3 inch 48.50 97.00 4 inch 86.00 172.00 " 6 inch 130.00 270.00 " 8 inch 205.00 410.00 " 10 inch 260.00 520.00 " b. COMMODITY CHARGE: $0.70 per 100 cubic feet of water delivered. Resolution No. 5871 (1986 Series) SECTION 7. Meter Testing. 5/8 inch meter test $ 30.00 3/4 inch meter test 30.00 1 inch meter test 30.00 1 1/2 inch meter test 75.00 2 inch meter test 75.00 Compound Meter Testing: All compound meters and compound fire meter testing will be done at actual City cost plus an administrative charge at the approved overhead rate. Compound Fire Meter Testing: All compound meters and compound fire meter testing will be done at actual City cost plus an administrative charge at the approved overhead rate. SECTION 8. Restoration - Reconnection Charge. a. During normal working hours: $15.00 b. Weekends, holidays, and after normal working hours: 30.00 SECTION 9. Temporary Service on a Fire Hydrant. Persons obtaining water from City fire hydrants pursuant to this section shall use City -owned water meters. The fees for the use of said meters shall be as follows: a. A refundable deposit in the amount of $550.00 shall be paid prior to the issuance of the permit and meter. Any damage to said meter other than normal wear and tear, and any unpaid meter rental fees, shall be payable from said deposit. Resolution No. 5871 (1986 Series) b. A meter rental fee in the amount of $50.00 per month shall be charged until the meter is returned to the City. SECTION 10. Private Fire Protection Service. a. There shall be no charge for any private fire protection service which is connected exclusively to automatic fire sprinklers and which is equipped and inspected pursuant to the provisions of the Uniform Fire Code Section 13.308(e). b. The monthly charge for all other private fire protection services shall be as follows: 4 inch service connection or smaller $10.00 6 inch service connection 15.00 8 inch service connection 20.00 10 inch service connection 25.00 Rates for service connections larger than 10 inches shall be established on an individual basis by separate resolution of the Council. SECTION 11. Delinquent Charges. A delinquent charge of $5.00 shall be applied to all past due accounts after 60 days from the date shown on the bill as the "billing date" SECTION 12. The rates set forth in this Resolution shall become effective March 1, 1986, and shall be applied on all bills issued on or after April 1, 1986. SECTION 13. All previous resolutions establishing water rates and charges are hereby rescinded. (nos. 2471, 2762, 2988, 3005, 3064, 3119. 3294 and 3380). Resolution No. 5871 (1986 Series) i On motion of Councilwoman Dovey, seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Rappa and Mayor Dunin NOES: Councilman Settle ABSENT: None the foregoing Resolution was passed and adopted this 14th day of January , 1986. i Mayor on Dunin ATTEST: jz.,W& City Clerk Pamela ogeV s �Oe�- /ate �i /� �,..« .. ,_ ,: .. .. RESOLUTION NO. 5870 (198 6 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ENDORSING ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 7 TO RETAIN NONPARTISAN PUBLIC OFFICES IN CALIFORNIA JUDICIAL, COUNTY, AND LOCAL ELECTIONS WHEREAS, existing provisions of the California Constitution provide that judicial, school, county, and city offices shall be nonpartisan; and, WHEREAS; the recent "Unger Decision" of the State Supreme Court overturned this nonpartisan principle and precedent; and WHEREAS, as a result of the State Supreme Court-'s decision, it can now be reasonably anticipated that political parties within the State of California will, by competitive necessity, become politically involved in the functions of Local Government; Judicial Office, and educational institutions, all of which are areas of public service that should be protected from encroaching bossism, which is the frequent result of partisan politics; and WHEREAS, good local government in California in the past has been a direct result of its nonpartisan nature; and WHEREAS, local office holders should remain unincumbered by loyalities to anything but their own communities and not be subject to pressure to conform to the wishes of State or National political parties, which may or may not be consistent with the best interest of local government; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AS FOLLOWS: I. The City Council of the City of San Luis Obispo does wholeheartedly support and endorse the Constitutional precepts of ACA Number 7; and 2. That the City Clerk of the City of :San Luis Obispo is hereby directed to mail a Certified copy of this Resolution to each member of Assembly Elections and Reapportionment Committee. The Mayor shall sign and the City. Clerk shall attest and certify to the passage.and adoption of this Resolution, and this Resolution shall take effect and be in force this date. On motion of Councilman Settle seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None R 5870 Resolution No. 5870 (1986 Series) Page 2 the foregoing Resolution was passed and adopted this 14th day of January , 1986. L MAYO RON DUNIN Approved: ej)a,7 -' W1 I�Oh RESOLUTION NO. 5869 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND DOLORES R. WILLIAMS WHEREAS, that certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference approving an agreement between the City and Dolores R. Williams. 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: Dolores R. Williams, BIA Administrator, 2250 King Street, No. 80, San Luis Obispo, CA 93401. On motion of Councilman Settle seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 14th day of January , 1986. ATTEST: Ci y Clerk Pamela ge MAY RON DUNIN J'OAP-0-0 TYLOIS City Administrat' a Of icer City At )rney FMnoc Di ctor R 5869 BUSINESS IMPROVEMENT ASSOCIATION (BIA) ADMINISTRATOR SERVICES CONTRACT EXHIBIT "A„ THIS AGREEMENT, dated January. 14 1986, is by and between the City of San Luis Obispo, a chartered municipal corporation of the State of California (hereinafter sometimes referred to as "City ") and Dolores R. Williams, an independent contractor (hereinafter referred to as "Administrator "). WITNESSETH: WHEREAS, City has enacted San Luis Obispo Municipal Code Chapter 12.36 establishing the Downtown Parking and Business Improvement Association; and WHEREAS, the City Council has appointed an Advisory Board to advise and to make recommendations to the Council concerning the budgeting and expenditure of Association funds; and WHEREAS, the Advisory Board has reviewed the qualifications of several applicants for the position of Administrator and has recommended that Dolores R. Williams receive the contract for said Administrator services. NOW, THEREFORE, City and Dolores R. Williams, for and in consideration of the mutual benefits, agreements and promises set forth herein agree as follows: 1. This Agreement shall be in effect from January 15, 1986 through January 14, 1987, subject to earlier termination by either party as otherwise provided herein. 2. Administrator will perform duties as set forth by the Advisory Board from time to time. 3. Notwithstanding this contract or any other representations, oral or written, between parties, including any and all agents or representatives thereof, Administrator, at all times covered by the terms of this Agreement, is acting as a free and independent contractor, and not as an employee of the City. The Advisory Board shall provide broad general guidance, and the Administrator will be expected to use initiative and discretion in performing the details of the Administrator's work. The records required to be kept by Administrator under this Agreement are solely to provide the City with criteria for evaluating the overall value of this and possible subsequent contracts, and not as details to establish performance or non - performance by Administrator. 4. Administrator will submit a monthly report of her activities in a form and detail satisfactory to the Advisory Board. 5. The Administrator's primary responsibility will be to perform the functions of a "Main Street Project Manager" as more fully described in Exhibit "A" (Council agenda.report with attachment October 15i 1985) attached hereto and incorporated by reference. The Administrator will also perform such other duties as may be assigned from time to time by the BIA Advisory Board. 6. City agrees to pay Administrator $2,500.00.per month to be paid twice monthly in accordance with normal City procedures. 7. Administrator shall have the authority to incur obligations on behalf of the City pursuant to the authorizations contained in the Downtown Business Improvement Association's portion of the City budget. Payment of such obligations by the City shall be in accordance with normal City procedures. 8. Either party may terminate this Agreement prior to its normal expiration by mailing a notice of termination by certified mail to the other party at their respective addresses as follows: City: Administrator: City Clerk P. O. Box 8100 San Luis Obispo, CA 93403 -8100 Dolores R. Williams 2250 King St., No. 80, SLO, CA 93401 The contract shall be terminated fifteen (15) days after the mailing of such notice, or sooner if the parties so agree in writing. Compensation due and payable on the termination date shall be calculated pro-rata based upon the calendar days in the month. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed. pi,--1 lerk PameI fde s' .ADMINIS AATOR Dolores R. Williams CITY OF :SAN LUIS OBISPO on Mayor Ron Dunin RESOLUTION NO. 5868 (1986 Series) GRWIH NANAGEMENT R]EGULATIONS FOR •+• R a •• i••; u ti AT 1239 F00n= BOULEVAIM The Council of the City of San Luis Obispo resolves: SECTION 1. Fu�dF s. 1. More than 400 student- oriented housing units have been constructed since 1984. 2. The proposed project, in conjunction with other student- housing projects, is likely to conflict with the long -term objectives of the Growth Managment Regulations (S.L.O.M.C. Omper 17.88). 3. The proposed project's design and location results in a relatively high ranking score under Growth Management Regulations when compared with other residential projects, and significant delays in building permit issuance due to growth management are unlikely. SECTION 2. Action. The Carhill Condominium project (ARC 85 -70; Tract 1327), consisting of 21 two-bedroom dwellings at 1239 Foothill Boulevard is not granted a student housing exception from the monthly limitation on the number of dwellings which may be authorized by building permits. On motion of Councilwoman Dovey tended by Councilman Griffin, and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Rappa and Settle NOES: Mayor Dunin AEL9M: None R 5868 I the foregoing resolution was passed and adopted this 7th day of January , 1986, --r Ron Dunin City Clerk Pamela V ges APPROVED: L. I Pv�. f<-4,t4-� Cmmmity Development Director lyli ev &mdvlv i� RESOLUTION NO. 586.7 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL OF A NEGATIVE DECLARATION FOR WIDENING HIGUERA STREET.BETWEEN HIGH STREET AND CAL- .. _- _ _ _ _ TRANS OFFICES (ER 66 -85) WHEREAS, the Council of the City of San Luis Obispo considered the appeal by The Ark (James F. Gates) of the Community Development Director's decision to approve a negative declaration of environmental impact for plans to widen Higuera Street between the Caltrans offices and High Street and conducted a public hearing on the matter; and WHEREAS, the council considered city and state: environmental guidelines, the initial environmental study, the conclusion of the previously certified environmental impact report for a similar project, staff report and recommendations, and public testimony; and WHEREAS, the council agrees with the appellant that additional discussion of the social and economic impacts of removing housing at the Ark would be valuable; NOW, THEREFORE, the council resolves to uphold the appeal and .requires an expanded initial study with the finding that socio- economic (housing) impacts have not been adequately discussed, and the initial environmental study should elaborate on those impacts. On motion of __Councilman Griffin seconded by Council = -_ woman_Rappa and on the following roll call vote: R 5867 Resolution No. 5867 (1986 Series) Page 2 AYES: Councilmembers Griffin, Rappa and Settle NOES: Councilwoman Dovey and Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this 7th day of January , 1986. Ma r Ron Dunin ATTEST: City rlerk Pamela ges A City AdpinistrdtiveIOff City Community �i °lam �, ,,, T��S C ��S �_ ,� �o� RESOLUTION NO. 5866 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAPS FOR TRACT NOS. 926, 1034,AND 1064 (TERRACE HILL PLANNED DEVELOPMENT, CUESTA VALLEY PROPERTIES, SUBDIVIDER). WHEREAS, the City Council made certain findings concerning Tract Nos. 926, 1034 & 1064 as contained in Resolution Nos. 4892 (1982 Series), 5115 (1983 Series), and 4894 (1982 Series); and, WHEREAS, all conditions required per the above -said resolutions have been met or bonded for. NOW, THEREFORE, BE IT RESOLVED that final approval is hereby granted for Tract Nos. 926, 1034 & 1064, 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, upon acceptance of the work. On motion of Councilman Settle , seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 7th day of January 1986. ATTE MAY RON L. DUNIN � V'0'�L b CITI CLERK PAMELA N r s s a s s s s s R 5866 EY- i-F a -1 z Resolution No. 5866 (1986 Series) APPROVED: Administrative Offi er City A ney z Zzol S Fi n D ector ity Engineer Ex+ibi i a -c), 77 A G R E E M E N T THIS AGREEMENT dated this 7th day of January, 1986, by and between Cuesta Valley Development Company, A California Corporation, 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 Nos. 926, 1034 and 1064, City of San Luis Obispo, California, as approved by the City Council, on the 7th day of January 1986 . WHEREAS,the Subdivider desires that said Tract Nos. 926, 1034 and 1064 be accepted and approved as a final map pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Subdivider agree to install the improvements 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: �K 2cL5-y -wsk 644 U 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 & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of 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 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 complete such work. Any extension of time hereunder shall not operate to release the surety on the 2 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 Subdivder 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 cash monuumentation bond of $2,500.00 to cover the installation of survey monuments in accordance with the approved maps and payment for same. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating completion and he has been paid. Q�} ' 2. The Subdivider shall pay water acreage fees of $22,759.20 (19.62 AC x / $1160/AC). 3. The Subdivider is given full credit for the dedication of Lot 30 of Tract 926 to the City for park dedication requirements. No park -in -lieu fees are required. 4. The Developer shall be responsible for landscaping the common area on Tract 926 and the detention pond on Tract 1034 and be responsible until a homeowners association takes over maintenance. 5. The City shall reimburse the Subdivider for the oversizing of the water main from 8" to 10" per Resolution 4892 (1982 Series) $1,932.00 (483 ft x $4.00/lf). 6. 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 30, and be responsible therefore for a period of 2 years from date of final acceptance. 7. The Subdivider shall contribute $1,000.00 towards future street improvements on the Rachael Court cul -de -sac. 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 3 L-, 61 T 1� -3 0 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) 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 bend) is in the amount of $1,350,000.00 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. 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. 4 1�IP�IT 17-�{ t If the Subdivider fails to complete the work within the prescribed time, then in that event, the Subdivider agrees that City may, at its option, declare the bond, instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, 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 shall deposit with the City the sum of $40,500.00, ZVI 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 $40,500..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 M RON DUNIN ATTEST: CI Y CLERK PA" v6GES Approved as to form: City Atto ey City Engineer Kenny /Agr -Form SUBDIVIDER BY: J'o French V ce President & . Secy. Cuesta Valley Deve pment Co. Charles French ft-M President Cuesta Valley Development Co. w w r r r x w n G E715ir 7 -�o Recording requested by:,FWMWA TITLE INSUMM CIL The City of San Luis Obispo When recorded return to: City Clerk's Office City of San Luis Obispo P. 0. Box 8100 San Luis Obispo, CA 93403 -8100 7676 DOC. NO.. 914 OFFICIAL RECORDS SAN LUIS OBISPO Co,, CA JAN 1 31986 FRANCIS w000Ney County Clark°Ro►&r TIME SM AM RESOLUTION NO. 5865 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT PORTIONS OF WILLIAM ST., BUSHNELL ST., HASKIN AVE., FLORENCE AVE., LEONA AVE., WITHIN TERRACE HILL PLANNED DEVELOP- MENT ARE UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING THE ABANDONMENT OF SAME SUBJECT TO EASEMENT': RESERVATIONS. WHEREAS, the City Council held public hearings on April 15, 1980 and January 7 r1985`,-�_,; pursuant to Division 9, Part 3, Chapter 2 of the California Streets and Highways Code. 2 NOW THEREFORE BE IT RESOLVED, that the Council of the City of San Luis Obispo finds and determines that portions of William St. (including any remnant of Leland Terrace), Bushnell St., Haskin Ave., Florence Ave., Leona Ave., within Terrace Hill Planned Development as described and shown on Exhibit "A" ('6 sheets)-,•,attached hereto and incorporated herein, are not necessary for present or prospective public street purposes subject to (A) Recordation of Subdivision maps to reflect new property lines and necessary utility easements, and (B) reservation of portions of the rights -of -way as easements for public sewer and water mains and public utilities lying outside above - mentioned subdivisions, including but not limited to: 1. An easement for present and future public sewer facilities within Haskin as indicated in Exhibit A. von 2790PAGE696 EXHIBIT 1 -1 R 5865 100 /4f s0GCK6. 1.4i Resolution No.5865 (1986 Series) Page Two. 2. Public Utility easements indicated on attached Exhibit A as follows: (a) A permanent easement pursuant to the provisions of Section 8340 of the Streets and Highways Code and for the benefit of Pacific Bell with the right at any time or from time to time to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cable, wires, poles and other convenient structures, equipment and fixtures for the operation of telegraphic and telephone lines and other communication facilities, including access to protect the property from all hazards. (b) A permanent easement for the benefit of Pacific Gas and Electric Company, the right from.time to time to install, maintain, repair, operate, replace, remove and renew lines of pipes, wires, poles, and other structures, equipment and fixtures both above and underground for the operation of said facilities. (c) A permanent easement for the benefit of Sonic Cable T.V., the right from time to time to install, maintain, repair, operate, replace, remove and renew lines of pipes, wires, poles, and other structures, equipment and fixtures both above and underground for the operation of said facilities. The City Clerk shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City to be recorded in the Office of the Recorder of the County of San Luis Obispo, concurrently with recording of the final map mentioned in Section 2 above. V0. 2 790 PAGE 69? EXHIBIT 1 -2 1� ti• r� AP PRO D: City Administrative fficer Resolution No. 5865 (1986 Series) Page Three. On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None. ABSENT: None the foregoing Resolution was passed and adopted this 7th day of January 1986. Community Development Director .City Engineer HB /abndmmnt by ® • tr RON DUNIN V0-L 2 190 PAGE 698 EXHIBIT 1 73 MP° OED' CA `. jL W 4 3 o W 0 00 W W Z W ;. . �•'`• "•:;. '� U yr S M� o W= J ''•'ri .'.�iti; N•.., OL Co ob0000 Q ............ • m m o cn UJ zz h \ u � :.,:,._:;!; ?s ?S ?5:57;1: �: �;. • H m � {c. +• Wmi W h O O �p In CO LL cr O .$ O Ifl ?iii}lt, i• }:j:: _ ..:::iiir nrGii�.. NGE :::i::77i i;:;i:;;;•r:7:::ii.i; a� h M v "` „ o c v N :' %;,, ;, 'i`•ii ORE :I::si {is'i':';:•`.:;si`:i;;r IN O. N 14 \ ay :7ri. �'� .,ra:•i,::t���:iyiiC}: ?S}ii7 +;iir.r•r•:... r:.. * N N N \ `'i,•'ri,.. ••y: :�::. ...::, y.: 7:,: r7: rr•' ;•'.::i,r:.:....;r;l,.: ;;):�:.. N O J ..i::^^ +: •:7•:.. ;i:rii:•i:i�:... rr:i::.r,:..1,::7 ^•: ;.:::,. Iq p ,. yr: n 3 V ?air :�ri.p:'::��$i ?li`i {yJ:::,. O W W; W 2 :^ ry] 4':%•':%,:: i.:; s;,,;'::!'. ;•'''.r'i,,,;l,.y7,r;::::.. cr Q g n$ c CL v o a° v O.3 N o ID M h y Q Z h b b Qr ;t :::,.;:;:;: Q NO INi W •bb h b e3 /��� r ` u C a. CL vs ? te i h o � N V1 :: bN •I,•. c .. �9 N O O (5O O OS " "• •• •!y'.ji'j�h�.:: •..••++;... r:; n C Vi ° ° cn 41 uj 41 W LL N J N O 8 h d 0 �.•� m W N h 0 ui y \ M Q w ^' `m s 3 a v Z 2 ai OC qo ~ CL G) S ®® U V0L 2 79u PAGE 699 ` _ Y V v I ,� �s LOT 7 << �� Q= ¢O. W' q D //9° 59' 50" BLOCK 8 ?oc. = 63. 77' BUENA VISTA N� IPA ADD'N roOe.V' �: I,2 9 2 6 Sco le .. w »• »www »w•». \S Z •:�:� '1.1»1«.. �. / "= BO' f ti: ABANDONMENT w city OV A SM 1111S OBISpO 990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93408 CATAPRINT N15581 'ww'•""w BUENA VISTA ADYN »w• w � ,••»,.�w..w.».. '1:••:..••111• w.1» w. z :" nese� ✓e9/ for Q° �..�»••" Vic. PG.e, Sonic °• Goc. 7-e%.\ (p 0 S 450 00, 49 "W S as° 02' 49"w /0.001 4emnont of Le /and Terrcce WILLIAM STREET ABANDONMENT - WITH TRACT 926 FXHIRIT A-� SHEET 2 OE 6 V66. 2 I 9V PAGE 700 EXHIBIT "A" Parcel 1 I Sheet 3 of 6 sheets Being portions of Haskin Avenue, Florence Avenue and Leona Avenue, as shown in a map of the LaBelle Addition as recorded January 2, 1888 in Book A, Page 124 of Maps, City and County of San Luis Obispo, and described as follows: Beginning at the centerline intersection of said Leona Avenue and said Haskin Avenue as shown on said map, said centerline intersection being the TRUE POINT OF BEGINNING; thence South 450 41' 22" East 35.32 feet to the intersection of the easterly right -of -way line of Leona Avenue and the southerly right -of -way line of Haskin Avenue; thence along said easterly right -of -way line of Baskin Avenue South 00 27' 30" East 23.11 feet to a point on the right -of -way line of Bishop Street as recorded in Tract 1034, Book J':� of maps at page —q-; a radial to said point bearing South 410 02' 37" East thence along said northerly right -of -way line of Bishop Street on a nontangent curve with a radius of 968 feet concave northwesterly, through a central angle of 30 47' 32 and an arc distance of 64..07 feet to a point on the westerly right -of -way line of said Leona Avenue.; thence along said right -of -way line North 00 27' 30" West 63.06 feet to the southerly right -of -way line of said Haskin Avenue; thence along said right -of -way line South 890 28' 06" West 252.57 feet to the easterly right -of -way line of Florence Street; thence along said easterly right -of -way line South 00 43' 04.7" East 209.87 feet to the northerly right -of -way line of said Bishop Street; thence along said northerly right -of -way line South 610 23' 06" West 28.35 feet to the beginning of a tangent curve concave northerly; thence along said curve with a radius of 20 feet through a central angle of 790 04' 44" and an are distance of 27.60 feet to a point on the westerly right -of -way line of Florence Street; thence along said westerly right -of -way line North 00 43' 04.7" West 218.16 feet to a point on the southerly right -of -way line of Baskin Avenue; thence along said southerly right -of -way line south 890 28' 07" West 136.34 feet to a point on the northeasterly right -of -way line of Florence Avenue as dedicated in said Tract 1034; said point on the easterly right -of -way being a point on a curve concave southwesterly nontangent to the previous line and having a radial bearing of North 380 24' 39" East, said curve having a radius of 225.00 feet; thence westerly along said curve through a delta of 310 13' 11" and traversing an arc distance of 122.60 feet to a point on the easterly right -of -wag line of Bushnell Street as shown on a map of the said LaBelle Addition; thence along said right -of -way line North 00 03' 08" East 2.04 feet to the northerly right -of -way line of said Haskin Avenue; thence along said northerly right -of -way line North 890 28' 06" East 529.89 feet; thence south 530 31' 09" East 41.53 feet to the centerline of said Raskin Avenue; thence along said centerline North 890 28' 06" East 12.05 feet to a point on the centerline of Leona Avenue, said point being the TRUE POINT OF BEGINNING of this parcel. RESERVING THEREFROM an easement for public sewer purposes over the following portion of Parcel 1 herein described above and described as.follows: Being the southerly 10 feet of the northerly 112 of the portion of Haskin Avenue lying easterly of a point which is 175.31 feet West of the centerline intersection of Haskin and Leona. VOL 2770 PAGE 701 Parcel 2 EXHIBIT "A" Sheet 4 of 6 sheets Being a portion of the right -of -way of Haskin Avenue as dedicated in said tract of the LaBelle Addition and described as follows: Beginning at a point on the southerly right -of -way line of Raskin Avenue as it intersects the westerly right -of -way line of Boulevard Del Campo as shown on said map of the LaBelle Addition; thence along the southerly right -of -way line of Haskin Avenue South 890 24' 46" West 132..31 feet to a point on the southeasterly right -of -way line of Bishop Street as dedicated in said Tract 1034, said point being on a nontangent curve concave northwesterly and having a radius of 1032 feet with a radial bearing of South 460 51' 10" East; thence along said curve in a northeasterly direction through a delta of 30 43' 43" an arc distance of 67.16 feet to the northerly right -of -way line of Haskin Avenue; thence along said northerly right -of -way line North 890 24' 46" East 87.59 feet to the westerly right -of -way line of Boulevard Del Campo; thence along said right -of -way line South 00 28' 36" East 50.00 feet to the TRUE POINT OF BEGINNING. Parcel 3 Being a portion of Leona Street as shown on a map of said LaBelle Addition and described as follows: Commencing at the centerline intersection of Fletcher Avenue and Leona Avenue as shown on said map; thence North 390 08' 26" West 40.00 feet to the TRUE POINT OF BEGINNING of this description, said point being on the westerly right -of -way line of Leona Street; thence along said right--of-way line North 00 27' 36" West 1.37.85 feet to a point on the southeasterly right -of -way line of Bishop Street, as shown on said map of Tract 1034, said point being on a nontangent curve concave northwesterly and whose radial bearing is South 340 38' 16" East; thence northeasterly along said curve whose radius is 1032.00 feet through a delta of 30 25' 38" and an are distance of 61.73 feet to a point on the easterly right -of -way line of Leona Street; thence along said right -of -way line South 00 27' 30" East 173.49 feet to a point on a curve concave northerly and whose radial bearing is South 230 16' 21.3" West; thence along said curve whose radius is 20.00 feet through a delta of 90 41' 31" and along an are length of 3.38' to a tangent curve whose radius is 40.00 feet concave southerly; thence along said curve through a delta of 720 06' 18" and an arc distance of 50.34 feet to the TRUE POINT OF BEGINNING. ,o, 2790PA402 � C I gi 1 1�- EXHIBIT "A" Parcel 4 Sheet 5 of 6 sheets Being a portion of Bushnell Street as shown on a map of the Buena Vista Addition as recorded in Map Book A, Page 47 in the San Luis Obispo County Recorder's Office and described as follows: Commencing at the intersection of the centerline of Bushnell Street and the centerline of Baskin 942A L---- F'-- '-- --•--' as shown on a map of said Buena Vista Addition; thence North 890 56' 53" West 30.00 feet; thence North 00 03' 08" East 24.70 feet to a point on the northerly right -of -way line of said Baskin Avenue, said point being the TRUE POINT OF BEGINNING; thence along the westerly right -of -way line of said Bushnell Street North 00 03' 08" East 208.80 feet to a point on a nontangent curve whose radial line bears South 00 16' 3.1" West and whose radius is 40.00 feet; thence along said curve which is concave northwesterly in a northeasterly direction through a delta of 1180 46' 50" through an arc distance of 82.92 feet to a point on the curve whose radial bearing is North 610 29' 41" East; thence North 540 15' 05" East 19.22 feet; thence South 350 44' 55" East 16.98 feet to a point on the easterly right -of -way line of Bushnell Street; thence along said right -of -way line South 00 03" 08" West 266.23 feet to a point on a curve on the northerly right -of -way line of Florence Street (f-e Baskin Avenue) as shown on the map of Tract 1034, said point having a radial bearing of North 70 11' 29" East and said curve having a radius of 225 feet; thence along said curve through a delta of 70 39' 28" an arc distance of 30.07 feet; thence on a line tangent to said curve South 890 28" 08" West 30.00 feet to the TRUE POINT OF BEGINNING. RESERVING THEREFROM the easterly 10 feet of the westerly one -half of the above described Parcel 4 as a Public Utility Easement as prescribed herein. Parcel 5 That portion of William Street and any remnant of Leland Terrace as shown on a map of Tract 427 as recorded in map book 8, page 84 in the Recorder's Office of the County of San Luis Obispo, State of California, lying southeasterly of the following described line: Commencing at the most easterly corner of lot 7, block 8 of the Buena Vista Addition as recorded October 20, 1887 in Book A, page 47 of maps of the County Recorder of said county; thence North 450 43' 09" West 52.43 feet to the TRUE POINT OF BEGINNING; thence along a curve concave northerly with a radius of 40 feet through a central angle of 1190 59' 50" and an arc distance of 83.77 feet to a point on the northeasterly right -of -way line of William Street. RESERVING THEREFROM, an easement for public utilities over that portion lying outside of Tract 926 as recorded in book a of maps at page 2_ as prescribed herein. von 2790 PAGE 7.03 0+1 iT ft-S EXHIBIT A Parcel 6 Sheet 6 of 6 sheets A portion of Bushnell Street (per Buena Vista Addition) as shown on a map of Tract 427 recorded in map book 8, page 84 in the Office of the County Recorder, County of San Luis Obispo, State of California described as follows: Beginning at the most southeasterly corner of lot 18, block 11 of the Buena Vista Addition to the City of San Luis Obispo, as recorded October 20, 1887 in Book A, page 47 of maps of said County Recorder; thence North 00 03' 08" East 25.00 feet to a point on the original southwesterly right -of -way line of Leland Terrace (now abandoned); thence along said right -of -way line South 350 44' 55" East 40.01 feet to a point on anon- tangent curve concave southwesterly with radial bearing North 350 35' 44" East; thence northwesterly along said curve having a radius of 40 feet, a central angle of 360 07'38" through an arc distance of 25.22 feet to a point on the northerly right -of -way line of Rachel Court (formerly High Street); thence North 890 28' 05" 0.25 feet to the TRUE POINT OF BEGINNING. HB /t -hill by VOL 2790 PAGE 704 END OF UUMMENT -EX 4 i 6 I � -� (�91,V6 71n, �y 7r� -/q X�S 4-bm c6,ww �- A) /e, 7,6 RESOLUTION NO. 5864 (1986 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ENDORSING THE "FAIR RESPONSIBILITY ACT OF 1986" INITIATIVE AND URGING SUPPORT AND PASSAGE OF SUCH INITIATIVE WHEREAS, the present joint and several liability law, also known as the "Deep Pocket Doctrine ", has unfairly cost the cities of California millions of dollars in court judgements, settlements, legal costs, skyrocketing insurance premiums and difficulty in obtaining adequate liability insurance coverage; and WHEREAS, this same doctrine has also cost other governmental bodies, business firms and professionals many millions of dollars; and WHEREAS, many cities, other governmental bodies, business firms and professionals are selected as defendants in lawsuits merely because of their perceived assets or insurance and often are found only fractionally at fault but pay most or all of the judgement because the defendants most at fault cannot pay; and WHEREAS, the "Fair Responsibility Act of 1986" is an initiative measure that would give the voters of California an opportunity to reform the inequities and injustices of the "Deep Pocket Doctrine" by holding liability lawsuit defendants financially liable in closer proportion to their degree of fault; and WHEREAS, the City of San Luis Obispo would prefer to resolve this problem through legislative action. NOW, THEREFORE, BE IT RESOLVED that the City of San Luis Obispo continue to support legislative action as first preference for addressing the problem; and BE IT FURTHER RESOLVED that, in the absence of legislative action, the City of San Luis Obispo endorse the "Fair Responsibility Act of 1986" and urge its support and passage to relieve the financial strain imposed on local government and its taxpayers. On motion of Councilman Settle seconded by Councilwoman Rappa -,'and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was adopted this7th day of January, 1986. R 5864 RON DUNIN CLERK, PAM Approved: City Administrative, bfficef City Attorney Fi �� ���d�o� �' �� �� �, RESOLUTION NO. 5863 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDED BYLAWS FOR THE BUSINESS IMPROVEMENT ASSOCIATION BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Those certain bylaws attached hereto marked Exhibit "A" and incorporated herein by reference for the Business Improvement Area are hereby approved. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the bylaws approved by it to: Business Improvement Area; ..'err_ ° }7. On motion of Councilman Settle , seconded by Councilwoman RSADa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of January 1986. ATTEST: LL L cr7 CLERK, PAME V ES Approv d: City Administrativ Off cer R 5863 BYLAWS -OF THE SAN LUIS OBISPO DOWNTOWN BUSINESS IMPROVEMENT ASSOCIATION ARTICLE I. STATUTORY AUTHORITY; NAME Section 1.1 This organization is established pursuant to Section 6101 of the San Luis Obispo Municipal Code, and shall be known as The San Luis Obispo Downtown Business Improvement Association or, simply, the BIA. ARTICLE II. PURPOSE Section 2.1 The BIA is created to implement the specific purposes for which Section 6101 of the San Luis Obispo Muncipal Code was enacted. A copy of said Section is attached hereto as Exhibit "A" for reference and incorporated as though fully set forth. ARTICLE III. MEMBERS Section 3.1 Classification of Members. The Association shall have one class of members only, and each member shall have equal voting and other rights; provided, however, that voluntary members may not serve on the Advisory Board of Directors_. Section 3.2 Eligibility. Membership shall be comprised of all holders of active city business licenses within the defined BIA boundaries. Any business, person or institution within the BIA boundaries but exempt from the payment of the business license tax shall be permitted to voluntarily associate as a member. Section 3.3 Boundaries. The boundaries of the BIA shall be as set forth in Section 101 b of the San Luis Obispo Municipal Code. ARTICLE IV. DIRECTORS Section 4.1 Government; Number. The government of the BIA shall be vested in, and the business conducted by, a board of eleven (11) Directors who shall be members in good standing and serve without salary. Collectively the Directors shall be known as the Advisory Board of Directors or, simply, the Board of Directors. Section 4.2 Function. The Board of Directors, in carrying out the purposes of the BIA, shall advise and recommend policy to the San Luis Obispo City Council pursuant to Section 6101(h) of the San Luis Obispo Municipal Code. Section 4.3 Terms of Office. Each Director shall hold office for a term of two 2 years and, excepting those members who are serving on 'the Board of Directors on the date of the adoption of these amended Bylaws, shall be permitted to seek re- election for a second two (2) year term. In no event, however, shall a Director hold office for more than (2) consecutive terms without a lapse of one (1) year as a member of the Board. Section 4.4 Removal of Directors. Any Director may be removed and replaced by the City Council at any time after considering the recommendations and advice of the Board of Directors. Section 4.5 Vacancies. Vacancies on the Board of Directors shall exist on the death, resignation, or removal of any Director. Any such vacancy shall be filled by appointment for the unexpired term by the President with the approval of the City Council. Section 4.6 Absentees. The unexcused absence of a member of the Board from three (3) consecutive regular meetings, or five (5) meetings in a calendar year, and recorded by the Board, shall be deemed by the Board as that member's resignation from the Board. Section 4.7 Nominations. In October of each year, the President shall select a Nominations Committee composed of at least three (3) regular members of the BIA in good standing, who may or may not be Board members, securing the concurrence of the Board in their appointment. Section 4.8 Official Ballot. Promptly upon being appointed, the Nominations Committee shall proceed to the selection of candidates for membership on the Board of Directors for the ensuing year, and shall prepare a list of such candidates in a number equal to at least twice the number of vacancies to be filled, securing the consent of those members selected in each instance, and reporting the completed list to the Board at its regular November meeting. The Board shall then cause a ballot to be prepared showing the full list of candidates and the names of their businesses as indicated by their City business licenses. Said ballot shall contain additional spaces for possible write -in candidates, and voting instructions on the ballot indicating the number of vacancies to be filled. Section 4.9 Annual Election. Within seven (7) days after the November meeting of the Board of Directors, the Official Ballot shall be mailed to each member of the BIA, to be returned on or before 5:00 p.m. on a date certain as established by the Nominations Committee. Section 4.10 Election Results. Returned ballots shall be canvassed by the Nominations Committee and reported at the regular meeting of the Board of Directors in December for verification of results. Section 4.11 Council Appointment. The results of the BTA election, as confirmed by the Board of Directors, shall be presented to the City Council in December for official appointment and the new Board members shall take their positions in January next following. -2- G ARTICLE V. MEETINGS Section 5.1 Regular. The Board of Directors shall meet at least once each month at a place and time determined by the Board and public notice shall be posted of such meeting in accordance with standard City procedures and applicable State laws. Section 5.2 Special. Special meetings may be called by the President or three (3) Board members when deemed necessary in accordance with standard City procedures and applicable State laws. Section 5.3 Quorum. A majority of the authorized number of Board members shall constitute a quorum at any Board meeting. Section 5.4 Transactions of Board. Any act or decision done or made by a majority of the Directors present at a meeting duly held shall be the act of the Board. ARTICLE VI. OFFICERS Section 6.1 Number and Titles. The Officers of the Association shall be a President, one 1 or more Vice Presidents as shall be determined by the Board of Directors, a Treasurer, and a Secretary. Each of said Officers shall be a member of the Board of Directors. Section 6.2 Election. Immediately following the December meeting of the Board of Directors, the new Board, consisting of holdover members and the newly- elected members, shall, subject to confirmation of the Board at its January meeting, meet and elect the above -named Officers for the ensuing year. Section 6.3 Term. Officers duly elected shall take office at the first regular meeting of the Board of Directors in January and shall serve until the first regular meeting in January of the next year. Section 6.4 Duties of the President. The President shall be the chairperson of the Board of Directors and shall be the executive head of the BIA, shall preside at all Board meetings, and shall either represent or appoint a representative to all functions where the BIA is to be represented. The President shall, subject to the approval of the Board, appoint all committee chairpersons and he /she shall be an ex- officio member of all committees. Section 6.5 Duties of the Vice President(s). In the absence or disability of the President, the Vice President designated by the President shall carry out all of the responsibilities and functions of the President and shall have the same powers and be subject to the same restrictions as the President. The Vice President(s) shall have such other powers and perform such other duties as from time to time may be prescribed by the President or the Board of Directors. -3- Section 6.6 Duties of the Treasurer. The Treasurer shall be the Chief Financial Officer of the BIA. Section 6.7 Duties of the Secretary. In the absence or disability of the Administrator, as provided in Section 8.1 of Article VIII of these Bylaws, the Secretary shall record accurate and timely minutes of the Board meetings. ARTICLE VII. EXECUTIVE COMMITTEE Section 7.1 Members. The Executive Committee shall be composed of the President, the Vice President(s), the Treasurer, the Secretary, and the immediate Past President so long as the latter continues to serve on the Board of Directors. If the immediate Past President's term on the Board has ended, then such vacancy on the Executive Committee may be left vacant or filled by appointment of the President with the approval of the Board. Section 7.2 Duties. In the interim between meetings of the Board, the Executive Committee shall conduct the non- policy business affairs of the BIA. ARTICLE VIII. ADMINISTRATION Section 8.1 Administrator. The Board of Directors may choose to employ an Administrator or Executive Secretary to assist with the routine business affairs of the BIA. The Administrator shall serve at the pleasure of the Board of Directors, subject to a contract agreement between the Administrator, the BIA and the City Council. The Administrator shall be selected through an application and screening process approved by the Board. Section 8.2 Duties of Administrator. The Administrator shall cause to be kept the records of the Association, including minutes of all meetings of the Board and shall give notices of meetings. The Administrator shall assist the President in the preparation of all agendas, reports, resolutions, letters or other documents and perform such other duties as are assigned by the President or Board of Directors. The Administrator, at the direction of the Board, shall act as liaison between the BIA and City staff and attend appropriate meetings such as those of the City Council, Planning Commission and Traffic Committee. The Administrator shall also prepare and distribute a regular newsletter to all BIA members and other interested persons, to provide information about BIA activities, to provide a forum for and to educate BIA members on matters of concern to them and the Association and to serve as the official communication from the Board of Directors. ARTICLE IX. FINANCES Section 9.1 Funding. Funding for the BIA shall be derived from an additional tax by each business annually of 100% of the business license taxes levied upon business by the City of San Luis Obispo; or revenues provided by voluntary contributions from within the BIA boundaries. -4- Section 9.2 Budget. The BIA shall operate on a fiscal year basis ending on June 30th of each year. The budget for the fiscal year shall be approved by th'e Board of Directors and presented to the City Council for its approval. All disbursements shall be executed through the City of San Luis Obispo. ARTICLE X. COMMITTEES Section 10.1 Standing Committees. In addition to the Executive Committee of the Board of Directors, the BIA shall have the following standing committees: (a) Parking (b) Beautification (c) Promotions (d) Budget (e) Nominations (f) Thursday Night Shopping Section 10.2 Appointments. Immediately upon taking office the President shall appoint or cause to be appointed, committee chairpersons subject to approval by the Board of Directors; providing, however, that chairpersons for the Budget Committee and Nominations Committee need not be appointed before the March meeting and October Board meeting, respectively. Section 10.3 Ad Hoc Committees. The President shall appoint special committees as may from time to time be needed, or as may otherwise be provided elsewhere in the Bylaws, or with the approval of the Board of Directors. Section 10.4 Limitations of Authority. No person or committee shall have the power to commit the BIA to any financial or policy obligations without prior approval from the Board. Section 10.5 Chairpersons. Committee chairpersons shall select the members of their committee upon the advice and consent of the President. It shall be the responsibility of the appointed committee chairperson to prepare agendas and keep minutes of all duly called meetings, and to keep himself /herself apprised of the current, approved, operating budget and to operate within these areas on the matter of finances. Upon conclusion of the annual fiscal year or upon termination of the committee, whichever is sooner, a final report for that previous period of operation must be submitted to the President of the BIA. ARTICLE XI. AMENDMENTS Section 11.1 Amendments. These Bylaws may be amended by a two - thirds (2/3) vote of the Board members and with the consent of the City Council. Any proposed amendment must be submitted at least seven (7) days prior to a scheduled Board meeting. Such proposed amendment(s) must then be mailed to every Board member by the Secretary in time for consideration at the next regular Board meeting. -5- i r� Section 11.2 Implementation. upon approval of the City Council. �1 These Bylaws shall become effective Section 11.3 Order. All meetings and business affairs shall be conducted by Robert's Rules of Order, except as may otherwise be inconsistent with these Bylaws, in which case the Bylaws shall_govern. DOWNTOWN BUSINESS DAPROVEMENT ASSOCIATION: (14 4 1���✓LL (Cil2 �Ii6� ie President M l Secretary SECTION 6101. DOWNTOWN PARKING AND 1111SINI:SS I "11'ROVEMFNT AREA. (a) There is hereby created and established the Downtown Parking and Business Improvement Area. (b) The boundaries of said Area are generally shown on lixhibit "A" map attached hereto, and are more specifically described as follows: From Santa Rosa Street along Palm Street to Broad Street, Broad to Monterey, Monterey to Nipomo, Nipomo to San Luis Creek, San Luis Creek to a point where Beach Street would intersect, from this intersection point to Beach and Marsh, Marsh to Nipomo, Nipomo to Pacific, Pacific to Santa Rosa, Santa Rosa to Palm. The area shall include the businesses fronting on both sides of the boundary streets listed above, and at all four corners of the intersections of said boundary streets listed above, except that it shall not include the northwesterly corner of Monterey and Nipomo Streets. (c) Each and every business in the Downtown Parking and Business Improve- ment Area shall be subject to, and shall pay, a new, separate and additional tax to support the activities of the Area, except as otherwise provided in subsection (j). (d) The amount of additional tax to be paid by each business annually shall be one - hundred percent (100 %) of the business license taxes levied upon said business by the City of San Luis Obispo. (e) The only uses for which the tax revenue from said Area shall be expended are: (1) The acquisition, construction or maintenance of parking facilities for the benefit of the Area, provided that said facilities shall not impair the City's ability to produce revenues for the payment of Parking District No. 1 obligations. (2) Decoration of any public place in the Area. (3) Promotion of public events which are to take place on or in public places in the Area. (4) Furnishing of approved music in any public place in the Area. (5) The general promotion of retail trade activities in the Area. (f) The collection of the additional tax imposed herein shall be made at the same time and in the same manner as any other City business license tax; provided, however, that the tax imposed herein for the remaining portion of the 1975 -76 fiscal year shall be due and payable in full within fifteen (15) days after the City mails notice of the amount of tax to be paid for said fiscal year. ( (g) This Council finds and determines that parking and other deficiencies are so general in the downtown section of the City, and that the size of the new Area is so small, that each business in the Area will benefit from expen- ditures for parking facilities substantially in proportion to the amount of additional taxes levied upon all businesses. (Streets F Highways Code §36062.) Revised 7/78 116 -A EXHIBIT "A" w (h) An Advisory Board of eleven (11) representatives from among those who have businesses in the Area and who are subject to the tax shall be appointed by the City Council in accordance with standard City procedures to advise and recommend to the Council the methods and ways in which the-revenues derived from the additional.tax shall.he expended. Fach Board member shall serve for a period of. 'two (2) years, provided that five (5) of the first members appointed shall be appointed to initial one -year- terms, and provided further that any member may be removed and replaced by the Council at any time after hearing the recommendations and advice of the Advisory Board. A nominating committee of five (5) members will be appointed by the existing Downtown Association from the licensed businesses within the Improvement Area. This committee will prepare a list of twenty -two (22) nominees and hold a ballot within the Area, and therefrom submit the fifteen (15) nominees receiving the highest vote totals from which eleven (11) will be appointed to the Board by the City Council. The Board's first order of business shall be to establish by -.laws for its operation, subject to approval of said by -laws by the City Council. (i) The Council shall have full authority to enter into annual agree - ments with non - profit business promotional groups or organizations serving the Area which authorize said groups or organizations to expend Area revenues in accordance with City budgetary and accounting procedures. (j) Any business, person, or institution in the Area which is exempt from the payment of the business license tax of the City by reason of the provisions of the United States or California State Constitutions is not to be taxed, but may make a voluntary contribution to the City to be expended only for authorized expenditures of the Area. (k) The additional tax imposed by this section shall become effective on December 1, 1915. (Ordinance No. 649 - 1975 Series.) Revised 1/77 116 -B 461A RESOLUTION NO.5862 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DETERMINING THAT THE BUILDING AT 979 PALM STREET HAS NO FUTURE PUBLIC USE AND DECLARING IT SURPLUS The Council of the City of San Luis Obispo resolves: SECTION 1. Findings. 1. The two -story building located at 979 Palm is to be removed to make room for a new City /County Library. 2. The City of San Luis Obispo has declared that the preservation of historical or architecturally significant structures is a benefit to the community. The relocation and rehabilitation of this structure could serve as an incentive to further this goal. 3. The building is of no further use to the City of San Luis Obispo. SECTION 2. Action. The building at 979 Palm is declared to be surplus property. On motion of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None The foregoing resolution was passed and adopted this 7th day of January 1986. MAYOR ON DUNIN ATTEST: R 5862 APPROVED: City Administrative Officer ............ .......... .......... City Att ney ...... ��-.. ........... .- -,-, Community Development Director N 2907.6 - -7 C JHhW:JLN:ci_ J12 /12/85 N2739 CITY OF SAN LUIS OBISPO Resolution No. 5861 A SUPPLEMENTAL RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPLEMENTING AND AMENDING RESOLUTION NO. 5855 , PROVIDING FOR THE ISSUANCE OF BONDS, AUTHORIZING_ AND DIRECTING EXECUTION OF DOCUMENTS, ASSIGNING PRIVATE ACTIVITY BOND LIMIT, AWARDING SALE OF BONDS, ANN AUTHORIZING CERTAIN ACTIONS RELATING THERETO (E. Gottschalk & Co., Inca Project) WHEREAS, the City of San Luis Obispo (the "City ") is a chartered city of the State of California and is authorized under its City Charter and under Ordinance- No. 1047 (1985 Series), adopted October 22, 1985 (the C "Ordinance "), adding Chapter 3.40 to the San Luis Obispo Municipal Code, to issue and sell its tax - exempt revenue bonds for the purpose of financing commercial and industrial projects within the City of San Luis Obispo; and WHEREAS, E. Gottschalk & Co., Inc. (the "Company "), a California corporation, has requested the City to issue and sell its bonds (the "Bonds ") for the purpose of providing a loan to the Company to finance the acquisition of land and construction of an approximately 80,000 square foot building for use as a department store, including related buildings, facilities and improvements (the "Project "), to be owned and operated by the Company and to be located on an approximately two acre parcel at the southeast corner of Madonna Road and Mercado Road in the City of San Luis Obispo; and WHEREAS, the City has heretofore, on December 9, 1985, adopted its Resolution Number 5855 entitled "A Resolution of the City Council of the City of San Luis Obispo Authorizing the Issuance of Not to Exceed $6,000,000 Principal. Amount of Commercial Revenue Bonds and Assigning Private Activity Bond Limit (E. Gottschalk & Co., Inc. Project)" (the "Resolution "), authorizing the issuance of the Bonds and, among other matters, providing for the adoption of this resolution to supplement the Resolution; and WHEREAS, there have been presented to the City certain agreements and related documents pertaining to the issuance and sale of, the terms and conditions of, the security for, and the use of proceeds of the Bonds in the aggregate principal amount of $6,000,000, and the City has reviewed such agreements and related documents and has determined to amend the Resolution to approve.such further terms and conditions and such documents; and -1- R 5861 O WHEREAS, the Company has complied with all applicable requirements of the Ordinance and the Resolution and has requested the City to authorize the issuance of the Bonds at this time to provide financing for the Project; WHEREAS, the issuance, sale and delivery of the Bonds will further the public purposes of the City as set forth in the Ordinance, and approval of said agreements and related documents will be in the public interest and for the public benefit; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: Section 1. Acts and Conditions Precedent. The City has reviewed all proceedings heretofore taken and has found, as a result of such review, and hereby finds and determines, that all things, conditions and acts required by law to exist, happen or be performed precedent to and in connection with the issuance of the Bonds do exist, have happened and have been performed in due time, form and manner as required by law, and thisCouncil is now duly empowered, pursuant to each and every requirement of law, to issue the Bonds in the manner and form provided in the Resolution, as amended and supplemented by this Resolution, and in the Indenture of Trust (the "Indenture "), dated as of December 1, 19859 by and between the City and United States-National Bank , as trustee (the "Trustee "). Section 2. Authorization. Bonds in the aggregate principal amount of O not to exceed Six Million Dollars ($6,000,000) are hereby authorized and directed to be issued by the City under and subject to the terms of the Ordinance and the Resolution, as supplemented and amended by this Resolution and by any supplemental resolution hereafter adopted for such purpose: The purpose for which the Bonds shall be issued is to provide funds to make a loan to the Company for the purpose of providing financing for the acquisition, construction and improvement of the Project pursuant to a loan agreement to be entered into between the City and the Company (ths. "Loan Agreement "). The Bands shall be designated as provided in the Indenture. Section 3. Execution of Bonds. The Bonds shall be executed on behalf of the City as provided in the Indenture. Section 4. Appointment of Trustee. The City hereby appoints United States-National Bank , having its principal corporate trust office in. ortland. Oregon , as Trustee for the purposes set forth in the Indenture. Section 5. Execution of Documents. The following documents (each in the form submitted to this City or in such form, together with such changes therein as may be deemed necessary or advisable and not adverse to the City, as shall be approved by the Mayor, the City Administrative Officer, the Community Development Director, or the City Attorney of the City, or designated representative, upon the advice of Bond Counsel to the City, such approval to be conclusively evidenced by the execution thereof as authorized herein) be and they are hereby approved, that the. Mayor, the City Administrative Officer, or designee of either of them, be and are hereby authorized to execute and deliver each such document, and the City Clerk of -2- v the City is hereby authorized to affix the seal of the City to each such Odocument, as may be required thereby, and to attest the execution thereof: (i) Indenture, dated as of December 1, 1985, by and between the City and the Trustee; (ii) Loan Agreement, dated as of December 1, 1985, by and between the City and the Company; and (iii) Bond Purchase Agreement, dated as of December 1, 19859 by and between the City and Wells Fargo Bank, as Purchaser of the Bonds. Section 6. Award of Sale. The Bonds are hereby directed to be sold to Wells Fargo Bank, pursuant to the terms of the Bond Purchase Agreement, at par value in the principal amount of $6,000,000. Section 7. Official Action. The Mayor, the City Administrative. Officer, the Community Development Director, the City Treasurer, the City Clerk, and each of them, and any and all other officers of the City, acting alone, are hereby severally authorized to execute upon the advice of Bond Counsel to the City such certificates, receipts, agreements and other closing documents as are necessary or customary for the consumation of the transactions contemplated by the Resolution, this Resolution, and the documents enumerated in Section 5 hereof. Section 8. Effectiveness. This resolution shall supplement and amend Resolution No. 5855 , and to the extent, that this Resolution and the agreements and related documents herein approved are in conflict with the provisions of Resolution No. 5855 , said Resolution is hereby amended. This resolution shall take effect from and after the date of its passage and adoption. On motion of Councilman Griffin, seconded by Councilman Settle, and on the following roll call vote: PASSED AND ADOPTED on December 23 19859 by the following vote: AYES: Councilmembers Griffin, Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT:None ATTEST: :EPUTY CITY CLE SHARON TURNER Aoproved as to form: O MAY RON DUNIN . City Administrative Officer d`�t:�:, - -3- Community D velopment Director U 29026 -7 JHHW:JLN:cr`11 /27/85 N2658 CITY OF SAN LUIS OBISPO Resolution No. 5860 A RESOLUTION GIVING PUBLIC APPROVAL TO THE ENTERING INTO OF FINANCING AGREEMENTS BY THE CITY OF SAN LUIS OBISPO FOR THE PURPOSE OF PROVIDING FINANCING TO E. GOTTSCHALK & CO., INC. AND THE ISSUANCE OF BONDS .IN THE AMOUNT OF NOT TO EXCEED $6,000,000 (E. Gottschalk & Co., Inc. Project) WHEREAS, the City of San Luis Obispo (the "City ") proposes to enter into financing agreements with E. Gottschalk & Co.,.Inc., a California corporation (the "Company "), and to issue its tax - exempt revenue bonds in an amount not to exceed. for the purpose of providing financing for the acqu.i.sition of land and construction of an approximately 80,000 square foot building for use as a department store, including related buildings, facilities and improvements (the "Project "), to be owned and operated by the Company and to be located on an approximately two acre parcel at the southeast corner of Madonna Road and Mercado Road in the City of San Luis Obispo; and WHEREAS, in accordance with .Section 103(k) of the Internal Revenue Code of 1954, as amended, a public hearing has been duly,called and conducted before the City Council of the City of San Luis Obispo, as the applicable elected representative of the City,.on the financing of the Project and the proposal that the City issue its tax - exempt bonds for such purpose, ,notice of which hearing has been .given in accordance with said Section 103(k); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AS FOLLOWS: Section 1. The City Council hereby approves the Project, the issuance of its tax - exempt revenue bonds pursuant to the City Charter of the City and. the procedures contained in Chapter 3.40 of the San Luis Obispo Municipal Code, added by Ordinance No. 1047 (1985 Series), in the principal amount of not to exceed $6,000,000 for the purpose of providing financing to E. Gottschalk & Co.', Inc. for the acquisition and construction of the Project, and the entering into by the City financing agreements for such purpose. Section 2. This resolution shall take effect immediately. * * * * * * * * ** -1- R 5860 On motion of Councilman_ Settle ,seconded by Councilman Griffin, and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day ©f--December, 1985. MAY RON DUNIN ATTESTjr� CITYI,CLERK PAMELA * * * * * * * * * * * * * * * ** 'Approved: �Q�City Administrative 0 five 12e,A—A City Att rney Finance DicVIr 1-��ss .�. ,�: ,, �� /� ��-,� � v���/ �� %� �- �1 RESOLUTION NO. 5859 (1985 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A PARKING PROGRAM FOR RAILROAD SQUARE WHEREAS, the City of San Luis Obispo wants to improve the quality of transportation and parking facilities in the area commonly known as Railroad Square, as shown in Exhibit "A"; and WHEREAS, the City has received grant funds for improvements to the Amtrak passenger station and surrounding street and parking areas; and WHEREAS, the project requires matching local funding, a portion of which is to come from private sources served by the new parking facilities; and WHEREAS, establishment of a parking program will allow more efficient use of planned facilities, and generate user fees to defray the City's costs of developing and operating parking facilities; and WHEREAS, a parking program has been prepared which outlines the goals, products, and general procedures to be followed, with implementation details to be developed concurrent with final architectural plans for the project; NOW, THEREFORE, BE.IT RESOLVED by the Council of the City of San Luis Obispo the following: SECTION 1. The area served by Railroad Square parking facilities shall be as shown in Exhibit "A ". R 5859 Resolution No. 5859 (1985 Series) Page 2 SECTION 2. Uses within the Railroad Square service area which must use City parking facilities to meet Zoning or conditional use permit requirements shall contribute toward the cost of parking facilities. Contributions shall be based on the number of spaces required for each use, as determined by the Community Development Director. The City Engineer shall calculate actual city costs to develop, operate, and maintain parking facilities and related improvements over the project's 30 -year life. Participating property owners and tenants within the service area shall contribute an amount to be determined by the City Council following a public hearing. SECTION 3. The parking program shall be as outlined in the staff report dated December 17, 1986, and as shown.in Exhibit "B ". Implementation details will return for Council approval. SECTION 4. Copies of this resolution and attachments shall be Made available by the City Clerk at the City- County Library in San Luis Obispo, and in the City Clerk's Office in City Hall, 990 Palm Street, San Luis Obispo, California. On motion of Councilman Griffin , seconded by Councilman Settle call vote: , and on the following roll Resolution No. 5859 (1985 Series) Page 3 AYES: Councilmembers Griffin, Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 17th day Of December r 1985. Mayo/ Ron Dunin ATTEST: CITY CLERK PAMELA VOGES APPROVED: -. City Admin st a ive ffic Public works Department Director 1�19ofle' F//fl Clk y- do uo -j Hod)t- °pom -ell� ,gwelos01\1- Intermodal Facilities Bus /taxi shelters for 16 people includes: telephone, benches, b transit informtion Bus loading zone (2) Taxi loading zone (2) Bike lockers: for 16 bikes Bike stands: for 24 bikes Park and Bide spaces (2) irking Areas: standard handicapped A 18 B 23 2 C 31 2 .0 50 1 10 28 9 Bike 7 .32 2 12 45 Loading ZC 18 69 7 tals: 122 5 47 1174 1 is Park & Ride spaces d' \ Assisted housing ct V � m m m m a N W . r • SidewaIN • K 1 90 J �Q J ` Bus /t i shelter -Bus parking E ; P. -S *F accessory buildir :des1 jan walkways e� Cl'Cjl Of MAP 5 sa►n IUIS OBISDO INTERMODAL FACILITY IMPROVEMEN'TS� !•" Department of Community Development - 1 Palm Street /Post Offke Box 321, San lute Obispo, CA 93409 2 i N i C _ O 1' OC N L F Z O W Ol U Z O� tiF d W LL H N w O Sd i LL J Oaf W H U VI p V1 0 Z ¢ _..Y O W W t. J p C C7 J 6 v Z V J mo 6 U d H Y C 3 NQzz _ z'w..N O F E C3 ZY Z� O�W O C �� S6 ¢Q CD U kw N4.. N LLJ 'N" C ' F d UC d = O p Z Q¢ W d C cr d N U H N co p d W U C K 1 to-O 4=0 dome p N CD � K CD C d W A F y. W�j U U K W a _ �O� CE i L :E 1 W d. C N p V L d i YOO �2Q d Q V1 - RESOLUTION NO. 5858 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PURCHASE OF SOUTHERN PACIFIC TRANSPORTATION COMPANY PROPERTY WHEREAS, the City of San Luis Obispo wishes to provide intermodal facilities and area improvements at the San Luis Obispo railroad depot for the benefit of community and area residents; and WHEREAS, by Resolution No. 5439 (1984 Series), the City entered into an agreement with the California Department of Transportation to purchase property for the San Luis Obispo Intermodal Facility Project and the State agreed to provide matching funds up to $250,000 for the purchase; and WHEREAS, the City has budgeted $250,000 for this purchase. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. To approve the purchase of the Southern Pacific Transportation Company property adjacent to the railroad depot for the San Luis Obispo Intermodal Facility Project, for the sum of $476,300, plus related closing costs. SECTION 2. To authorize the Mayor to execute all necessary documents including the License Agreement and the Assignment Agreement. On motion of Councilman Griffin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this -17th day of December ATTE V CIIV CLERK PAMELA GE 1985. MAYO RON DUNIN R,585C 4'9 Resolution No. 5858 (1985 Series) Page 2 APPROVED: (j OL j- ,,� CYty Administra ive Oficezo ,9, )" 4".,L ?,,,/tity Attorney Finance Dire V6r Gir�a�,�C'Pi ,J RESOLUTION NO. 5857 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING DAILY PERMIT RATES IN LOT 14 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective January 1, 1986, daily permit rates in Lot 14 shall be $.75. On motion of Councilman Griffin , seconded by Councilman Settle, and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of December 1985. ATTES r , V CITY CLERK PAMELA V S VT APPR Ci Administrative 6fficUr V.4E--AC--4L---dL MAYCM RON DUNIN x x x x x x x x MW /lotinfo -p6 R 5857 ,�, am ef-o � /-� C ,� ������ J RESOLUTION NO. 5856 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING SENATE BILL 806 REGARDING COMMUNITY PARKLANDS ACT OF 1986 WHEREAS, California's population by the year 2000 is projected to be 31,414,000 - -a substantial increase above the current population of 25,858,000; and WHEREAS, experience with the Regional Competitive Grants Program of the 1984 park bond act has demonstrated a substantial, unmet need for financial assistance to sustain the development and expansion of our community parks and recreation facilities; and WHEREAS,,o.nly $1 in state grant funds was available for every $5.80 applied for - -put another way, of the 707 eligible projects applied for, which were "worth" a total of $157.3 million, only $28.2 million was available for grants in the 1885 -86 fiscal year; and WHEREAS, less than $50 million remains available for the two remaining years of the Regional competitive Grants Program, and the number of project applications is growing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo to support S.B. 806 as proposed below: SECTION 1. Proposed S.B. 806 would provide $100 million in general obligation bond monies for park acquisition and development by local agencies in California. SECTION 2. Proposed S.B. 806 bond monies would be distributed locally on a per capita basis. SECTION 3. The City of San Luis Obispo would be eligible for its per capita share to assist in development of our local park system. R 5856 SECTION 4. The City Clerk shall furnish a copy of this resolution of support to the State Governor's office and to the offices of the State Senator and Assembly member representing this area. On motion of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: AYES Councilmembers Griffin, Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of December 1985. 7 RON DUNIN ATTEST CITt CLERK PAMELA V ES s a s * s APPROVED: ea"a Q S City Administrative bfficLVr City Atto ney Dire,Etor of'Recreation and Parks Mal? Jj.-�,t:: i rilmbA -,,-I i 29026 -7 JHHW:JLN:c ;11/27/85 N2656 CITY OF SAN LUIS OBISPO Resolution No. 5855 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $690009000 PRINCIPAL AMOUNT OF COMMERCIAL REVENUE BONDS AND ASSIGNING PRIVATE ACTIVITY BOND .LIMIT (E. Gottschalk & Co., Inc. Project) WHEREAS, the City of San Luis Obispo (the "City ") is a chartered city of the State of California and is authorized under its City. Charter and under Ordinance No. 1047 (1985 Series), adopten October 22, 1985, adding Chapter 3.46 to the San Luis Obispo Municipal Code, to issue and sell its tax- exempt revenue bonds for the purpose of financing commercial and industrial projects within the City of San Luis Obispo; and WHEREAS, E. Gottschalk & Co., Inc. (the "Company "), a California corporation, has requested the City, to issue and sell its bonds (the "Bonds ") for' the purpose of providing a - loan. -to the Comoany_:to finance the acquisition of land and construction of an approximately 80,000 square foot building for use as a department store, including "related buildings, facilities and improvements (the . "Project "), to be owned and operated by the Company and to be located on an approximately two acre parcel at the southeast corner of Madonna Road and Mercado Road in the City of San Luis.Obispo;.and WHEREAS, the City Council has adopted its Resolution No. 5854 (the "Resolution ") on December 9th , 1985, approving the issuance of the Bonds for the Project; and WHEREAS, the Company has complied with all applicable requirements of the Ordinance and the Resolution and has requested the City to authorize the issuance of the Bonds at this time to provide permanent financing for the Project; NOW, THEREFORE, BE,.IT RESOLVED by the City Council of the City of San Luis Obispo as follows: Section 1. Acts and Conditions Precedent. The City has reviewed all proceedings heretofore . taken and has . found, as a result of such review, and hereby finds and determines, that all things, conditions and acts required by law to exist, happen or be performed precedent to and in connection with the issuance of the Bonds do exist, have .happened and have been performed in due time, form and manner as required by law, and the City is now duly empowered, pursuant to each and every requirement of law, to issue the Bonds in the manner and form provided in this Resolution. -1- R 5855 �J Section 2. Authorization. Bonds in the aggregate principal amount of not to exceed Six Million Dollars. ($6,000,000) are hereby authorized to be issued by the City under and subject to the terms of the Resolution, this Resolution and the. Supplemental Resolution referred to in Section 13 (the "Supplemental Resolution "). This Resolution and the Supplemental Resolution constitute a continuing agreement with the owners of all of the Bonds issued or to be issued hereunder and outstanding to secure the .full and final payment of principal of and premiums, if any, and the interest on all Bonds; subject to the covenants, agreements, provisions and conditions herein and therein contained. The purpose for which the Bonds shall be issued. is to provide funds to make a loan to the Company for the purpose of providing financing for the acquisition, construction and improvement of the Project pursuant to the Resolution and a loan agreement to be entered into between. the City and the Company (the "Loan Agreement "). The Bonds shall be designated the "City of San Luis Obispo Commercial Revenue Bonds, Series 1985 (E. Gottschalk & Co., Inc. Project) Section 3. Principal Amount and Form of Bonds. The Bonds shall be dated as of the date of issuance. - The Bonds shall be issued initially in the form of one or more fully registered Bonds corresponding to the respective portions of Bonds purchased by initial purchasers thereof. The Bonds shall thereafter be subject to exchange for fully registered Bonds in the denominations of $5,000 or any integral multiple thereof. The Bonds, the form of assignment and the certificate of authentication and registration to appear thereon shall be substantially in the respective forms to be set forth in the Supplemental Resolution. Section 4. Payments; Maturity. The.Bonds shall be paid at such times and over such number of years as shall be prescribed in the Supplemental Resolution. Payment of .both principal and interest on the Bonds shall be made to the person whose name appears on the Bond registration books of the Trustee as the registered owner thereof, such payment to be made by check or draft mailed by the Trustee to the registered owner At his address as it appears on the registration books or at such other address as he may have filed with the Trustee for that purpose, or alternatively such payment may be made by wire transfer, bookkeeping entry or other method if requested by such registered owner and acceptable to the Trustee. Section 5. Redemption. The Bonds shall be subject to redemption before their respective stated maturity dates as a whole on any payment date, from payments made by the Company under the Loan Agreement in the event that interest on the Bonds becomes subject to federal income taxation, at a redemption price equal to the principal. amount thereof together with accrued interest thereon to the date of redemption, plus such premium as shall be set forth in the Supplemental Resolution. The Bonds shall be subject to such further redemption provisions, if any, as shall be approved in the Supplemental Resolution. Section 6. Interest. The Bonds shall bear interest from their date at such rate or rates which shall not be limited by the terms hereof or of the Resolution and which may be fixed or variable) as, shall be prescribed by the City upon the sale of the Bonds to the initial purchasers. -2- Section 7. Execution of Bonds. The Bonds shall be executed on behalf of the City by the manual or facsimile signature of the Mayor and by the manual or facsimile signature of the City Clerk of the City. Any Bond . may be signed and attested on behalf of the .City by such persons as at the actual date of execution of such Bond shall be the proper officers of the City although any such person shall not have held such office on the date of issuance of such Bond. Section 8. Additional Bonds. Additional Bonds on a parity with the Bonds may not be issued- 'hereunder-or under the Supplemental Resolution. Section 9. Appointment of Trustee. The City shall appoint a trustee (the "Trustee. ") for the purpose of receiving all revenues derived from the Project, including payments made by the Company pursuant to the Loan Agreement, and for the purpose of applying such revenues to the payment of the Bonds. The Trustee shall be responsible for holding all funds with respect to the Bonds and collecting, investing and disbursing such funds. In an event of default (as defined in the Supplemental Resolution), all remedies of the City and the Bondowners as against the Company or the Project shall be exercised by the .Trustee as provided in, the Supplemental Resolution. Section 10. Assignment to Trustee. The City shall transfer, assign and set over to the Trustee all of the revenues derived from the Project and any and all, rights, privileges and obligations it has under the Loan Agreement - except as:specifically`'prouided therein- -�-Such`'assignment "shall =be- for-the benefit of the owners of the Bonds. Section 11. Limitation of Liability to Revenues. Notwithstanding anything herein or in the Supplemental Resolution contained, the City shall not be required to advance any moneys other than the revenues derived from the Project. The Bonds are payable from and secured by such revenues only. The. term "revenues" as used herein and in the Supplemental Resolution shall include all payments made by the Company under the Loan Agreement, proceeds of insurance or condemnation with respect to the Project, and investment of funds held by the Trustee, but shall not include taxes or assessments paid by the Company with respect to the Project. No council member, officer, agent or employee of the City shall be individually or personally liable for the-payment of principal of or interest on the Bonds. Section 12. Loan Agreement. The City shall, on or prior to the date of sale of the Bonds to the initial purchasers, authorize and direct the. execution, by the appropriate officers of the City, of the Loan Agreement between the City and the Company. The Loan Agreement shall (1) provide for the loan of Bond proceeds by the City to the Company, (2) provide for repayment of such loan by the Company to the Trustee at times and in amounts fully sufficient to pay debt service on the Bonds as it becomes due., (3) provide for mandatory prepayment in an event of taxability and .mandatory or optional prepayment under such other circumstances and in such manner as shall correspond to any respective provisions of the Supplemental Resolution for mandatory or optional redemption of the Bonds, (4) state the unconditional and absolute nature of the Company's obligations thereunder, (5) specify insurance requirements, and (6) contain such other necessary or desirable terms and provisions as may be appropriate to the financing. -3- Section 13. Supplemental Resolution. The City shall adopt a Supplemental Resolution on or before the date of sale of the Bonds to the initial purchasers, providing the form of the Bonds and such additional terms and provisions of the Bonds as this Council shall deem advisable and which are not inconsistent with the provision hereof. Such terms and provisions may include, but are not limited to, any of the following; - 1. Provisions for the transfer and exchange of Bonds; L Provisions for the.establishment and application of funds for the allocation of revenues derived from the Project; 3. Provisions for the investment of funds held by the Trustee;. 4. Provisions with respect to the exemption of interest on the Bonds from federal or State of California personal income taxation;. 5. Provisions for the amendment ..of this Resolution or the Supplemental Resolution with or without the consent of. the owners of the Bonds; 6. Definition of events of default and provisions for acceleration and other remedies in any.such event of default; and 7. Such other necessary or desirable terms and.provisions as may be appropriate to the financing. Section 14. Authorization to Prosecute Validation Proceedings. Jones Hall Hi.11 & White, A Professional L&-Corporation, as bond counsel to the City in connection with the Bonds and the Project, is hereby authorized and directed to institute and prosecute to completion any proceedings in the-San Luis Obispo County Superior Court deemed necessary by such firm to obtain a judgment upholding the validity of the Bonds. The City shall not be responsible for payment of any fees or costs in connection with such proceedings except out of moneys provided by the Company for such purpose. Section 15. Private Activitx Bond Allocation. As provided in and authorized pursuant to Section 103(n)-of the Internal Revenue Code of 19549 as amended,. the. Proclamation dated July 19, 1984 of the Governor of the State of California, as amended, and applicable resolutions of the California Debt Limit Allocation Committee, this Council hereby designates and assigns to the Bonds the amount of $6,000,000 of its Private Activity Bond Limit, a portion of which has heretofore been received by transfer from the County of San Luis Obispo, and each member of the Council. hereby represents and warrants that such allocation is not made in consideration of any bribe., gift, gratuity or direct or indirect_ campaign contribution. Section 16. This resolution shall take effect from and after the date of its passage and adoption. The Mayor is hereby authorized to sign this resolution and the City Clerk is hereby directed to attest the Mayor's signature. * * * * * * * * * * .,Z. On motion of Councilman Settle, seconded by Councilwoman Rappa_. and on the following roll call voter AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and. adopted this 9th day of December_ , 1985. Approved: City Administrative Offi er City Attorney MAY RON MNIN ssss *ssssssss 29026 -7 JHHW:JLN:c-,�;11i27 /85 N2657 CITY OF SAN LUIS OBISPO Resolution No. 5854 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTRORIZING THE ISSUANCE OF BONDS FOR THE PURPOSE OF FINANCING ACQUISITION AND CONSTRUCTION OF COMMERCIAL FACILITIES.BY E. GOTTSCHALK & CO., INC. AND AUTHORIZING OFFICIAL ACTION WHEREAS, the City Council of the City of San Luis Obispo (the "City ") has on October 22, 1985, adopted its Ordinance No. 1047 (1985 Series) (the "Ordinance!'), adding Chapter 3.40 to the San Luis Obispo Municipal Code, for the purpose of financing commercial and industrial projects within the City of San Luis Obispo; and WHEREAS, E. Gottschalk & Co., Inc., a California corporation (the "Company "), has requested the City to issue and sell its revenue bonds (the "Bonds ") for the purpose of providing a loan to the Company to finance the acquisition of land and construction of an approximately 80,000 square foot building for use as a department store, . including related buildings, facilities and improvements (the "Project "), to be owned and operated by the Company and to be located on an approximately two acre parcel at the southeast corner of Madonna Road and Mercado Road in the City of San Luis Obispo; and WHEREAS, it is in the public interest, for the public benefit and in furtherance of the public purposes of the City that the City Council authorize bonds for the aforesaid purposes; WHEREAS, the City Council wishes to induce the Company to acquire, construct and develop said Project in the City, and to declare its intention to authorize the issuance of revenue bonds for the purpose of providing funds for the financing of the Project when so 'requested by the Company, upon such terms and conditions as may then be agreed upon by the City, the Company and the purchasers of the bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AS FOLLOWS: Section 1. The City Council hereby authorizes the issuance and sale of revenue bonds of the City pursuant to the City Charter and the procedures specified in the Ordinance, in an aggregate principal amount not to exceed $6,000,000, , for the purpose of providing the cost of financing the acquisition and construction of the Project to be located at the southeast corner of Madonna Road and Mercado Road in the City. Such authorization shall be for the purpose of inducing the Company to undertake to acquire, improve and develop the Project and, in particular, to do so at such location. -1- R.5854 Section 1. The issuance and sale of the bonds shall be upon such terms and conditions as may be mutually agreed upon by the Issuer, the Company and the purchaser of the bonds and shall be authorized by resolution of the City Council at a meeting duly held and conducted for such purpose. Under no circumstances shall the City be liable to repay said bonds from any source of City funds other than the revenues derived from the Project to be financed and the documents executed in connection with the issuance and delivery of the bonds shall include an agreement on the part of the Company to indemnify the City for any claims, costs or expenses (whether now or hereafter made) against the City in connection with the proposed bond issue. Section 3. The proceeds of the bonds shall include such related and necessary issuance expenses, administrative costs, debt service reserves and interest payments as may be required to accomplish successfully the financing. Section 4. This resolution shall take effect immediately upon its passage and adoption. On motion of Councilman Settle , seconded by _Councilwoman Rappa, and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin :NOES: None ABSENT: None the foregoing Resolution was passed and adopted this :.9th day of December 1985. RON DUNIN ATTE C1T CLERK PAMELA VOt ��JJ ikttkRtCi%YTiYYT +:: Approy.P,d: City Adm Wistrativ Aff cer City Attofjiey Finance Di7reaor • RESOLUTION NO. 5853 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A PRIORITY LIST FOR UNDERGROUNDING OF OVERHEAD UTILITIES WHEREAS, the City of San Luis Obispo has embarked on an ongoing program to underground overhead wires within the community and must underground these facilities in an orderly fashion, based on priorities. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the City hereby adopts a priority list for undergrounding of overhead utilities, as shown on Exhibit A (attached). On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of n camh r , 1985. MA RON DUNIN CITYJCLERK PAMELA s s s s s s APP 7D- EnD: City AdMinistrat yq Officer City At Public Works Director dfrutres#1 R 5853 PRIORITY LIST District 10: Madonna Road from Higuera Street through Zozobra conjunction with widening project) ($720,000). (In District 11: Higuera Street from Marsh Street through Madonna Road intersection. (In conjunction with Higuera Street widening project) ($790,000). District 12: Santa Rosa from Montalban to Boysen, Foothill Boulevard from Santa Rosa to Broad ($500,000). District 13: Monterey Street from Santa Rosa Street to Freeway 101.. District 14: Broad Street from Marsh Street to South Street. District 15: California Boulevard /San Luis Drive to Freeway 101. District 16 District 17 Area bounded by Santa Rosa Street, Marsh Street, California Boulevard and Monterey Street. Grand Avenue - Monterey to Slack. EXHIBIT A -1 FUTURE CONVERSION PROJECTS Chorro - Mill to Foothill Foothill - Broad to city limits Higuera - Madonna Road to Prado Road Johnson Avenue - Marsh to Orcutt Los Osos Valley Road - South Higuera Street to west city limits Madonna Road from Zozobra to Los Osos Valley Road South Street - Broad to Higuera EXHIBIT A -1 EXHIBIT A -3 1 Q 4:1 500' V) m vr- QP TPO. Ct H IGM (n SANDERCOCK cr cr BRANCH Q 1 1 SOUTH LO LLJ a Z 0 0 PROPOZE12 UNDER64MOUNP UTILITIES VICRICT 11 EXHIBIT A-4 �orr��'o ,-�, � //� J RESOLUTION NO. 5852 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S DENIAL OF A PROPOSED OFFICE BUILDING AT 1141 PACIFIC STREET (ARC 85 -110) WHEREAS, the Council of the City of San Luis Obispo considered the appeal by Morris & Dee Insurance of the Architectural Review Commission's decision to deny plans for a new office building at 1141 Pacific Street and conducted a public hearing on the matter; and WHEREAS, the council considered actions taken on October 28, 1985, by the Architectural Review Commission, by reviewing staff reports, commission minutes, and recommendations; and WHEREAS, the council agrees that the decision of the Architectural Review Commission to deny the proposal was the appropriate action. NOW, THEREFORE, the council resolves to deny the appeal and uphold the Architectural Review Commission's decision with the following findings: 1. The proposed building does not conform with the adopted architectural review guidelines and the Goals for Downtown because: A. The design provides insufficient space for landscaping, particularly near the building wall which faces the street. B. The building's third story would overlook neighboring houses on Pismo Street. R 5852 Resolution No. 5852 (1985 Series) Page 2 J C. The three -story building would be visually out of character with the neighborhood, which is mostly single -story buildings, and in conflict with policies discouraging buildings over two stories in areas next to residential zones. D. The building's form emphasizes rather than minimizes its apparent height. E. Building form and materials would be out -of- character with the older buildings in the vicinity, including the neighboring Dallidet Adobe and the Kundert (Frank Lloyd Wright) building. F. The space between the building and the street is dominated by parking and driveways and does not provide an attractive pedestrian approach. 2. Alternative designs that conform with architectural review guidelines and Goals for Downtown would enable reasonable use of the property and they would allow the applicant to meet its space needs. On motion of Councilman Griffin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None Resolution No. 5852 Page 3 r'� (1985 Series) the foregoing resolution was passed and adopted this 3rd day of December 1 1985. Ma r Ron Dunin ATTEST: ,2A A City Cle k Pamela Voges APPROVED: ra 4 14,0 a -4 5 City AdministYativd Offjjber City At orney Community Development Director 7L- . y RESOLUTION NO. 5851 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND QUAD CONSULTANTS FOR OFFICE SUPPLY - DEMAND STUDIES AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER FUNDS WHEREAS, the City Council has approved a three -part workprogram for studying office development in San Luis Obispo; and WHEREAS, staff has negotiated an agreement with Quad Consultants to complete the second part of the workprogram relating to office supply -demand studies. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference approving an agreement between City and Quad Consultants is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Finance Director shall transfer $18,700 from the Ventures and Contingencies Fund to Fund No. 220 for consultant services and related expenses. Funds for the consultant studies ($17,666) shall be encumbered in account number 220 - 4031 - 008 -086. SECTION 3. The City Clerk shall furnish a copy of this Resolution and a copy of the executed Consultant's Agreement approved by it to the Finance Director, the Community Development Director, and Quad Consultants. On motion of Councilman Settle , seconded by Councilwoman Dovev , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: _None R 5851 the foregoing Resolution was passed and adopted this 3rd. day of December 1985. ATTES CITY CLERK PAMELA VOG S MAY RON DUNIN �Y 9t ; �k • yt. i i Y t # Finance Dir Vlor C� ommunity Development Director n v u I CONSULTANT'S SERVICES AGREEMENT 2 This agreement, made this 3rd day of December, 1985, by and 3 between the CITY OF SAN LUIS OBISPO, California (hereinafter re- 4 ferred to as "City"), and QUAD Consultants, a California corpo- 5 ration (hereinafter referred to as "Consultant "). 6 WITNESSETH: 7 WHEREAS, City wants to retain certain services in conjunc- 8 tion with the evaluation of office development in San Luis 9 Obispo. 10 WHEREAS, City finds QUAD Consultants qualified to perform 11 the services required by this agreement. 12 NOW, THEREFORE, in consideration of the conditions and 13 terms contained herein, the parties hereto agree as follows: 1.4 1. PROJECT COORDINATION 15 a. • City. The Community Development Director shall be the 16 representative of the City for all purposes under this 17 agreement. The Director, or his designated 18 re ,presentative, hereby, is designated as the Project 19 Manager for the City. The Project Manager shall su- 20 pervise the progress and execution of this agreement. City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 2 1 b. Consultant. Consultant shall assign a single Project 2 Manager to have overall responsibility for the prog 3 ress and execution of this agreement for Consultant. 4 Stephen J. Peck is hereby designated as the Project 5 Manager for Consultant. Should circumstances or con - 6 ditions subsequent to the execution of this agreement 7 require a substitute Project Manager for any reason, 8 the Project Manager designee shall be subject to the 9 prior written acceptance and approval of the City. 10 The Consultant's Project Team is further described in 11 Exhibit "E" attached hereto and incorporated herein by 12 this reference. The individuals identified and the 13 positions held as described in Exhibit "E" shall not 14 be changed except by prior approval of City. 15 2. DUTIES OF CONSULTANT 16 a. Services to be furnished. Consultant's services shall 17 include and be limited to those services as set forth 18 in•Exhibit "A ", "Work Program" attached hereto and 19 incorporated herein by this reference. The Work Pro - 20 gram described in Exhibit "A" shall limit Consultant's 21 responsibilities for work to be performed. No verbal 22 agreement or conversation with an officer, agent or 23 employee of the City not expressly included in this t City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 3 1 agreement shall affect or modify any City or Consul- t tant duties described herein. Additional work may, 3 however, be added to the Work Program after mutual ne- 4 gotiation and written consent by both the City and 5 Consultant. 6 b. Laws to be observed. Consultant shall: 7 (1) Procure all permits and licenses, pay all charges g and fees, except those otherwise specified and 9 agreed to in the attached exhibits, and give all 10 notices which may be necessary and incidental to 11 the due and lawful prosecution of the services to 12 be performed by Consultant under this agreement; 13 (2) Keep itself fully informed of all existing and 14 proposed federal, State and local laws, 15 ordinances, regulations, orders, and decrees 16 which may affect those engaged or employed under 17 this agreement, any materials used in 18 Consultant's performance under this agreement, or 19 the conduct of the services under this agreement; 20 (3) At all times observe and comply with, and cause 21 all of its employees to observe and comply with, 22 all of said laws, ordinances, regulations, 23 orders, and decrees mentioned above. City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 4 1 (4) Immediately report to the City's Project Manager 2 in writing any discrepancy or inconsistency it 3 discovers in said laws, ordinances, regulations, 4 orders, and decrees mentioned above in relation 5 to any plans, drawings, specifications, or provi- 6 sions of this agreement. 7 C. Release of reports and information. Any reports, 8 information, data, or other material given to, or pre - 9 pared or assembled by, Consultant under this agreement 10 shall be the property of City and shall not be made 11 available to any individual or organization by Consul - 1.2 tant without the prior written approval of the City's 13 Project Manager. 14 d. Copies of reports and information. If City requests 15 additional copies of reports, drawings, 16 specifications, or any other material in addition to 17 what the Consultant is required to furnish in limited 18 quantities as part of the services under this 19 agreement, Consultant shall provide such additional 20 copies as are requested, and City shall compensate 21 Consultant for the costs of duplicating of such copies 22 and any other applicable direct expenses as specified 23 in Consultant's Professional Fee Schedule in Exhibit 24 C. City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 5 1 e. Qualifications of Consultant. Consultant represents 2 that it is qualified to furnish the services described 3 under this agreement. 4 3. DUTIES OF CITY 5 City agrees to cooperate with Consultant and to perform 6 that work described in Exhibit "D" attached hereto and in- 7 corporated by this reference. 8 4. COMPENSATION; METHOD OF PAYMENT 9 Compensation. The City agrees to pay -th Consultant for 10 all services rendered in accordance with this agreement a 11 flat fee or lump sum amount of Seventeen Thousand Six Hun - 12 dred Sixty -six Dollars ($17,666). 13 Method of Payment. The Consultant shall be paid by the 14 City for services rendered after to receipt by the City of 15 a requisition for payment from the Consultant specifying 16 that work provided for by this agreement has been performed 17 in conformance with the agreement and that consultant is 18 entitled to receive the amount requisitioned under the 19 terms of the agreement. 20 An invoice for payment may be filed by the Consultant 21 upon the completion of specific tasks as follows: 22 a. Upon submittal of the prescribed Preliminary Report, 23 the Consultant shall be entitled to payment from the 24 City in the amount of Fourteen Thousand Six Hundred 25 Eight Dollars ($14,608.00);. City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 6 1 b. Upon submittal of the prescribed Final Report, the 2 Consultant shall be entitled to payment from the City 3 in the amount of Two Thousand Two Hundred Seventeen 4 Dollars ($2,217.00); 5 C. Upon conclusion of the final public meeting or hearing 6 to be held on the project as described in this . 7 agreement, the Consultant shall be entitled to payment 8 from the City in the amount of Eight Hundred Forty -one 9 Dollars ($841.00). 10 Payment to the Consultant by the City for all invoices 11 properly submitted in accordance with this agreement shall 12 be considered due and payable upon receipt of said 13 invoice(s) by the City. Failure by the City to remit pay - 14 ment to the Consultant within thirty (30) calendar days 15 from the date the City receives any proper invoice under 16 this agreement shall result in the City owing to the Con- 17 sultant a late payment charge, applied to any unpaid 18 balance, commencing thirty (30) calendar days from the date 19 the City receives the original invoice, at the periodic 20 rate of 1.5 percent per month, which is an annual per-cent- 21 age rate of 18 percent. Such late payment charges shall 22 not be subject to the Compensation Limitation specified in 23 Exhibit "C' of this section. or subsections a, b and c of 24 this section. City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 7 1 5. TIME FOR COMPLETION OF THE WORK 2 Work Program scheduling shall follow the chart included 3 with and made a part of this agreement as Exhibit "B" un- 4 less revisions to this schedule are mutually agreed to by 5 the City's Project Manager and Consultant's Project 6 Manager. Time extensions may be allowed for delays caused 7 by City, other governmental agencies, or factors not di- 8 rectly brought about by the negligence or lack of due care 9 on the part of the Consultant. 10 6. TEMPORARY SUSPENSION 11 The City's Project Manager shall have the authority to sus - 12 pend this agreement wholly or in part, for such period as 13 is deemed necessary due to unfavorable conditions or to the 14 failure on the part of the Consultant to perform any provi- 15 sion of this agreement. Consultant will be paid the com- 16 pensation due and payable to the date of temporary 17 suspension. Such compensation shall be made on the basis 18 of the percentage of each of the Work Program tasks com- 19 pleted at the time of suspension of work by City. 20 7. SUSPENSION; TERMINATION 21 a. Right to suspend or terminate. The City retains the 22 right to terminate this agreement for any reason by 23 notifying Consultant in writing seven days prior to 24 termination and by paying the compensation due and City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 8 1 payable to the effective date of termination; 2 provided, however, that if this agreement is termi- 3 nated for fault of Consultant, City shall be obligated 4 to compensate Consultant only for that portion of con - 5 sultant services which are of benefit to City. Said 6 compensation is to be arrived at by mutual agreement 7 of the City and Consultant., and should they fail to 8 agree, then an independent arbitrator who is mutually 9 acceptable to both City and Consultant shall be 10 appointed, and the decision of the arbitrator shall be 11 binding upon the parties. 12 b. Return of materials. Upon such termination, Consul- 13 tant shall turn over to the City immediately any and 14 all copies of studies, sketches, drawings, 15 computations, and other data, whether or not 16 completed, prepared by Consultant, and for which Con - 17 sultant has received reasonable compensation. Consul - 18 tam t shall also return to City any reports or materi- 19 als given to Consultant by City in connection with 20 this agreement. All such materials shall become the 21 permanent property of City. Consultant, however, 22 shall not be liable for City's use of incomplete mate - 23 rials or for City's use of complete documents if used 24 for other than the project contemplated by this 25 agreement. City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 9 1 8. INSPECTION 2 Consultant shall furnish City with every reasonable oppor- 3 tunity for City to ascertain that the services of Consul - 4 tant are being performed in accordance with the require - 5 ments and intentions of this agreement. All work done and 6 all materials furnished, if any, shall be subject to the 7 City Project Manager's inspection and approval for conform- 8 ance with the provisions of this agreement. The inspection 9 of such work, however, shall not relieve Consultant of any 10 of its obligations to fulfill this agreement as 11 prescribed. Consultant shall act as an independent con - 12 tractor and shall be responsible for faithful performance 13 under this agreement and shall be responsible for all 14 methodologies, analyses, conclusions and recommendations, 15 and shall be under the control of the City only as to the 16 faithful performance of this agreement. 17 9. OWNERSHIP OF MATERIALS 18 All original drawings, plans, documents and other materials 19 prepared by or in possession of Consultant pursuant to this 20 agreement shall become the permanent property of the City, 21 and shall be delivered to the City upon demand. 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 i� City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 10 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 require- ments of this agreement. 11. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES This agreement is for the performance of professional eco- nomic and planning consulting services of the Consultant and is not assignable by the Consultant without prior con- sent of the City in writing. The Consultant may employ other specialists to perform special services as provided in the Work Program with prior approval by the City. 12. NOTICE All notices hereinunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows To City: City Clerk's Office City of San Luis Obispo 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403 -8100 To Consultant: John F. Tow, Vice President QUAD Consultants P.O. Box 3699 Visalia, CA 93278 City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 11 1 13. INTEREST OF CONSUL 2 Consultant covenants that it presently has no interest, and 3 shall not acquire any interest, direct or indirect, finan- 4 cial or otherwise, which would conflict in any manner or 5 degree with the performance of the services hereunder. 6 Consultant further covenants that, in the performance of 7 this agreement, no subcontractor or person having such an 8 interest shall be employed. Consultant certifies that no 9 City employee or officer of the City has a financial inter - 10 est in this agreement or will receive any compensation from 11 Consultant for their involvement in the Office Supply and 12 Demand Study. It is expressly agreed that, in the perfor- 13 mance of the services hereunder, Consultant shall at all 14 times be deemed an independent contractor and not an agent 15 or employee of City. 16 14. INDEMNITY 17 Consultant hereby agrees to indemnify and save harmless 18 City, its officers, agents, and employees of and from: 19 a. Any and all claims and demands which may be made 20 against City, its officers, agents or employees by 21 reason of any injury to or death of any person or cor- 22 poration caused by any negligent act or omission of 23 Consultant under this agreement or of Consultant's em- 24 ployees or agents; City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 12 1 b. Any and all damage to or destruction of any property, 2 including the property of City, its officers, agents, 3 or employees, occupied or used by or in the care, 4 custody, or control of Consultant, or in proximity to 5 the site of Consultant's work, caused by any negligent 6 act or omission of Consultant under this agreement or 7 of Consultant's employees or agents; 8 C. Any and all claims and demands which may be made 9 against City, its officers, agents, or employees by 10 reason of any injury to or death of or damage suffered 11 or sustained by any employee or agent of Consultant 12 under this agreement, however caused, excepting, 13 however, any such claims and demands which are the re- 14 sult of the negligence or willful misconduct of City, 15 its officers, agents, or employee; 16 d. Any and all claims and demands which may be made 17 against City, its officers, agents, or employees by 18 reason of any infringement or alleged infringement of 19 any patent rights or claims caused by the use of any 20 apparatus, appliance, or materials furnished by Con - 21 sultant under this agreement; and 22 e. Any and all penalties imposed or damages sought on ac- 23 count of the violation of any law or regulation or of 24 any term or condition of any permit, when said viola - 25 tion of any law or regulation or of any term or City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 13 1 condition of any permit is due to negligence on the 2 part of the Consultant. Consultant, at its own costs, 3 expense, and risks, shall defend any and all suits, 4 actions, or other legal proceedings that may be 5 brought against employees for any such claim or demand 6 of such third persons, or to enforce any such penalty, 7 and pay and satisfy any judgment or decree that may be 8 rendered against City, its officers, agents, or em- 9 ployees in any such suit, action or other legal 10 proceeding, when same were due to negligence of the 11 Consultant. 12 16. INSURANCE 13 Consultant shall provide a Cer- 14 tificate of Insurance for Comprehensive General Liability 15 insurance in the amount of $500,000 (including automobile) 16 and Professional Liability insurance in the amount of 17 $250,000 which is satisfactory to the City. 18 17. AGREEMENT BINDING 19 The terms, covenants, and conditions of this agreement 20 shall apply to, and shall bind, the heirs, successors, 21 executors, administrators, assigns, and subcontractors of 22 both parties. 23 18. WAIVERS 24 The waiver by either party of any breach or violation of 25 any term, covenant, or condition of this agreement or of City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 14 1 any provision, ordinance, or law shall not be deemed to be 2 a waiver of any subsequent breach of violation of the same 3 or of any other term, covenant, condition, ordinance, or 4 law. The subsequent acceptance by either party of any fee 5 or other money which may become due hereunder shall not be 6 deemed to be a waiver of any preceding breach or.violation 7 by the other party of any term, covenant, or condition of 8 this agreement or of any applicable law or ordinance. 9 19. COSTS AND ATTORNEY'S FEES 10 The prevailing party in any action between the parties to 11 this agreement brought to enforce the terms of this agree- 12 ment or arising out of this agreement may recover from the 13 other party its reasonable costs and attorney's fees 14 expended in connection with such an action. 15 20. DISCRIMINATION 16 No discrimination shall be made in the employment of per- 17 sons under this agreement because of the race, color, na- 18 tional origin, ancestry, religion or sex of such person. 19 If Consultant is found in violation of the nondiscrimi- 20 nation provisions of the State of California Fair Employ - 21 ment Practices Act or similar provision of federal law or 22 an Executive Order in the performance of this agreement, it 23 shall thereby be found in material breach of this 24 agreement. Thereupon, City shall have the power to City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 15 1 cancel or suspend this agreement, in whole or in part, or 2 to deduct from the amount payable to Consultant the sum of 3 Twenty -five Dollars ($25) for each person for each calendar 4 day during which such person was discriminated against, as 5 damages for said breach of contract, or both. Only a find- 6 ing of the State of California Fair Employment Practices 7 Commission or the equivalent federal agency or officer 8 shall constitute evidence of a violation of contract under 9 this paragraph. 10 If Consultant is found in violation of the nondis- 11 crimination provisions of this agreement or the applicable 12 affirmative action guidelines pertaining to this agreement, 13 Consultant shall be found in material breach of the 14 agreement. Thereupon, City shall have the power to cancel 15 or suspend this agreement, in whole or in part, or to de- 16 duct from the amount payable to Consultant the sum of Two 17 Hundred Fifty Dollars ($250) for each calendar day during 18 which Consultant is found to have been in such 19 noncompliance as damages for said breach of contract, or 20 both. Penalties prescribed under this Section shall not 21 exceed the Basic Fee specified in Exhibit "C ". 22 21. AGREEMENT CONTAINS ALL UNDERSTANDINGS 23 This document represents the entire and integrated agree- 24 ment between City and Consultant and supersedes all prior 25 negotiations, representations, or agreements, either City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 16 1 written or oral. This document may be amended only by 2 written instrument, signed by both City and Consultant. 3 All provisions of this agreement are expressly made 4 conditions. This agreement shall be governed by the laws 5 of the State of California 6 IN WITNESS WHEREOF, City and Consultant have executed this 7 agreement on the day and year first above written. 8 QUAD Consultants, 9 B� C ism 10 Harry A. Tow, President 11 CITY OF SAN LUIS OBISPO 12 0 By 13 M or, Ron Dunin 14 ATTEST: 15 -- 16 City Clerk, Pamei oges 17 Exhibits: "A"-- Workscope 18 "B " -- Completion Schedule 19 "C"- -Fee Schedule 20 "D " -- Duties of City 21 "E " -- Consultant Project Team City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 17 1 Exhibit A 2 WORK PROGRAM 3 Office Suppl 4 Office Space Survey. The office space survey will include 5 a field survey of the actual occupancy status of buildings which 6 are located in areas of the community in which offices are ei -. 7 ther a permitted or conditional use. The survey will inventory 8 office space by geographic location, type of construction, scale 9 of development, and office use type. The inventory will utilize 10 the 1974 1" = 200' scale aerial photographs of the City, which 11 are to be updated by the City staff to include all new construc- 12 tion in the survey area between 1974 and 1985, and will be con - 13 ducted under the supervision of a project professional. Prod - 14 ucts of this phase will include a tabulation of occupied and va- 15 cant office space in the City by geographic areas, type of 16 construction, scale of development and use, and a computer data 17 base of existing office uses which is compatible with the City's 18 IBM Personal Computer hardware and its Lotus 1 -2 -3 (Release la) 19 software. 20 Vacant Land Area. Utilizing adopted land use and zoning 21 maps and the City's updated aerial photographs, vacant sites 22 which have a realistic potential for future development, 23 excluding sites which have obvious deficiencies or substantial 24 public service problems, will be identified. A tabulation will 25 be made of the maximum amount of office space which could be de- 26 veloped on these sites under current City development policies. 27 Conversion Potential. During the survey of office space, 28 described above, a survey will be made of the quantity and loca- 29 tion of commercial and residential building space which may be 30 converted to, office uses according to existing city zoning ordi- 31 nance provisions.. The evaluation of the potential for conver- 32 sion of an individual structure will be based on the physical 33 condition of the structure, its location and the availability of 34 public services and utilities, as well as on zoning provisions. 35 The buildings which are subject to potential conversion will be 36 tabulated by location. 37 Conversion Potential -Text Changes. This phase will provide 38 a supplement to the Vacant Land Area analysis described above. 39 Based on a set of zoning and /or land use element text changes 40 submitted to Consultant by City staff; Consultant will tabulate 41 the likely amount and distribution of additional office space 42 potentially generated by such text changes. City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 18 1 Office Demand 2 Development Trends. This element of the work program will 3 provide a tabulation of the amount, type, and location of office 4 space developed each year between 1977 and 1984. These data 5 will be derived from an inspection of the City's building 6 permits, Architectural Review Commission applications, and other 7 City development permit records. Office development trends will 8 be tabulated according to location, type of construction, land 9 use type and year. Report graphics will be prepared which show 10 a comparison of the type and distribution of office development 11 in 1985 and 1977, new office construction and use changes. 12 A statistical comparison will be made of development trends 13 between 1977 and 1980, and development trends between 1980 and 14 1985. Statistically significant shifts in office location, type 15 of development, or predominant use, and their economic, finan- 16 cial or regulatory causes, will be determined for use in the 17 Policy Impact Analysis (below). 18 Requested Changes. This work element will describe the 19 zoning and general plan amendments which have been submitted to 20 the City between 1977 and 1985. These requests will be tabu - 21 lated by City staff by location, type of application and year. 22 A comparison and analysis will be made by Consultant of any 23 shifts in the nature and /or location of such applications. 24 Local Realtor and Tenant Survey. This phase of the wor.k 25 program will involve the administration, tabulation and analysis 26 of a structured telephone survey to local real estate brokers, 27 commercial real estate brokerage firms, and local office space 28 developers regarding local office development trends, and a per= 29 sonal interview with various local office tenants. The realtor 30 survey will also involve collection and tabulation of historic 31 lease and lerase term data, disaggregated by location and type of 32 construction, and vacancy rates over the past 10 years. 33 Current Development Policies. This work item will be pre - 34 pared by City staff. 35 Future Office Demand. Gross office space demand in the 36 City will bb estimated utilizing office employment forecasts, 37 population forecasts and past development trends. Future office 38 space demand will be evaluated from these forecasts by 39 converting total forecast office employment to total office 40 space for each office use category, based on the current average 41 amount of office space for each employee. i City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 19 1 Demand projections will be made for 1990 and 1995. An es- 2 timate will also be made of the City's capture ratio of San Luis 3 Obispo County office development. A comparison will also be 4 made of the future office space demand and the supply projec- 5 tions contained in the Office Supply Survey, the Vacant Land Ar- 6 ea analysis and the Conversion Potential studies described 7 above. An estimate of the net deficiency or surplus of office 8 space supply potential will be made for each office supply 9 alternative. 10 Policy Impact Analysis. This portion of the work program 11 will describe how current City policies have affected the type, 12 location and quantity of office space development between 1977 13 and 1985 and how existing City policy and modification of 14 existing City policy would impact the type, location and quanti- 15 ty of office space developed in the future. 16 Preliminary Report. A preliminary report, which summarizes 17 the findings of the work program elements described above, will 18 be prepared for City staff review and comment. A camera -ready 19 copy of the Preliminary Report will be submitted to the City. 20 Final Report. After receipt of concensus comments from 21 City staff, a final report will be prepared which provides con - 22 sideration for comments received from City staff. The Final 23 Report, in addition to the material in the Preliminary Report, 24 will include a Summary of Conclusions, Findings and Consultant 25 Recommendations. A "camera- ready" original of the Final Report 26 will be provided. LO 0 r O T U0 P- cm !O 4 O C7 A � N W O 0 r O T Z F1 O H 1- W X w F- U I dl 2 100 - LLI �- Q N' a ir w J U N W N CL J w N r O LL H Q cl �i M U }; CD: �i w N N w W 7 w 'x Y N Y 0 0 car1 AMP FEW somprumm z r4- im wW S Y w H F- U X H w J F- O CL H W F-1 Cn `� z Q m w w w w C9 N CL O w N x !- F- x z >- O i--+ x Q O O w F- ¢ w F- J w o O w CL CL W Z> z w U>- CL, W Y U O F= !- V x d> H _J w a z z z¢ 0 z = z w w¢> �. CL ¢ o o x 7d. w o w w o LL z w Z J CL 0 J H H = w F- O¢ x O F- ¢ w U z w w z w J w U w x C.3 C L4 a H¢ >> Q 0 LLJ .= J H x O Q Z w w LL U z z 0 w> Or ¢ w x F- CL C) LL Q O O Q w w w LL O O = C/1 O U U L) O x x O U U- H J W Z m w O O CL U LL CL 0 r O T Z F1 O H 1- W X w F- U I dl 2 100 - LLI �- Q N' a ir w J U N W N CL J w N r O LL H Q cl �i M U }; CD: �i w N N w W 7 w 'x Y N Y 0 0 car1 AMP FEW somprumm z r4- im wW S Y City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 21 1 Exhibit C 2 FEE SCHEDULE 3 SAN LUIS OBISPO OFFICE SUPPLY- DEMAND STUDY 4 BASIC FEE 5 PHASE COST 6 BASIC SERVICES: 7 Office Space Survey 2,519 8 Vacant Land Area 478 9 Conversion Potential 975 10 Conversion Potential -Text Changes 486 11 Vacancy Rates 282 12 Development Trends 2,399 13 Requested Changes 279 14 Realtor Survey 576 15 Development Policies -- 16 Future Office Demand 1,544 17 Policy Impact Analysis 1,696 18 Preliminary Report 3,374 19 Final Report 2,217 2.0 Meetings 841 21 Basic Fee 17,666 22 23 24 Note: Supplemental services may be 25 provided on a time and materials 26 basis per the attached Professional Fee Schedule 27 28 The Basic Fee for the negotiated work program is $17,666. 29 The fee includes all Basic Services described in the work 30 program, attendance at two public meetings at the direction of 31 the City's Project Manager and provision of reproducible 32 camera -ready copies of the Preliminary Report and Final Report. 33 Progress billings will be made to the City on a monthly ba- 34 sis according to work performed on the project during the bill - 35 ing period. Exhibit C (Con's "'n) City of San Luis Obisp( ) PROFESSIONAL FEE SCHff��li Consultant Services Agreement Page 22 QUAD CONSULTANTS - QUAD ENGINEERING PROFESSIONAL FEE SCHEDULE EFFECTIVE NOVEMBER 1, 1985 FEES Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit.. (The hourly pay rate is the annual employee salary divided by 2,080 hours.) Fee schedules for the various billing categories are: CLASSIFICATION Clerical Secretarial. Administrative Assistant Technician I Technician II Draftsman I Draftsman II. Two -Man Survey Crew Three -Man Survey Crew Licensed Land Surveyor Engineer /Inspector Engineer I Engineer II Engineer III Engineer IV Planning Aide Planning Designer Planner I Planner II Planner III Planner IV Analyst II Analyst III Economist DIRECT CHARGES FEE SCHEDULE* (Charges per-hour) $15 25 25 25 30 25 30 53 70 46 41 53 56 61 76 15 30 30 45 58 76 54 61 4.5 At cost plus fifteen percent: Trans _portation,and per -diem expenses (auto mileage, $0..35 /mile) Communication expenses (telephone, parcel post, etc..) Printing and reproduction, Equipment rentals, Subcontractors Laboratory analyses Copies charged at $0.10 per copy *Subject to change as a. result of the impact of inflation on salaries and fringe benefit costs; as well as changes in governmental legislation; clients will be notified of such changes as they are required. n City of San Luis Obispo Consultant Services Agreement Office Supply and Demand Study Page 23 1 Exhibit D 2 DUTIES OF CITY 3 The City agrees to perform the following duties, in addi- 4 tion to those other duties specified elsewhere in this 5 agreement: 6 1) Update the 1974 aer.ial photographs to include all new 7 construction and building additions or modifications 8 which have occurred since 1974. 9 2) Provide Consultant with copies of City reports which 10 pertain to the Office Supply and Demand Study. 11 3) Preparation of a summary of the annual requested 12 changes in the General Plan and zoning ordinance re- 13 lated to office development which have been made be- 14 tween 1977 and 1985. . 15 4) Provide access to City records and data related to the 16 Office Supply and Demand Study. Exhibit E CITY OF SAN LUIS OBISPO TOBY ROSS PROJECT MANAGER HARRY A. TOW PRINCIPAL STEPHEN J. PECK ECONOMIST PROJECT MANAGER JOHN F. TOW SENIOR ANALYST LAND USE SURVEYS POLICY IMPACT ANALYSIS QUAD SUPPORT STAFF ® PROJECT TEAM ORGANIZATION no UUNSULTA 42,1�5-GC r � RESOLUTION NO. 5850 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING GIFT OF INTEREST IN LAND BY ALBERT AND CAROLINE GAZIN AND AUTHORIZING MAYOR TO EXECUTE CERTIFICATE OF ACCEPTANCE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The gift of Albert and Caroline Gazin of land located in the 900 block of Palm Street is hereby accepted and the Mayor is authorized to execute the Certificate of Acceptance. SECTION 2. The City Clerk shall furnish a copy of this Resolution and Certificate of Acceptance to Albert and Caroline Gazin. On motion of Councilman Settle , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day Of December , 1985. 0,,l0_ 0- City Adpinis City Atf4rney MAJI RON DUNIN * s s s* s s* s* s R 5850 ogz1 ns 4�/�. �i /ems