HomeMy WebLinkAbout5862-5899RESOLUTION 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
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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
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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
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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
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:,'I wt V? r.
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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
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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'
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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
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City Administrative;Officer
City At
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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.
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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
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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
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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
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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.
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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.
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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.
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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,
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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
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CityAd istrativ � er
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City
Finance Dir,ator
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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:
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City Administrativ Officer
Public Works Director
City Engineer
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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
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C1.TY CLERK PAME VOGES
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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
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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
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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
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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
..
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ATTEST:
CITY CLERK PAMELA VOLES
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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
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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
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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/:�
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City Administrative O ficer
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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
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990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93408
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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
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City Att ney
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Community Development Director