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HomeMy WebLinkAbout5966-5999i - I J RESOLUTION NO. 5999 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN EXCEPTION FROM THE GROWTH MANAGEMENT REGULATIONS FOR THE HUBBARD APARTMENTS AT 1334 PALM STREET The Council of the City of San Luis Obispo resolves: SECTION 1. Findings. 1. The proposed project, in conjunction with similar housing projects, is likely to conflict with the long -term objectives of the Growth Management Regulations to assure that population growth is consistent with the maximum growth rates established in the general plan (S.L.O.M.C. Chapter 17.88). SECTION 2. Action. The request for exception to the Growth Management Regulations for the Hubbard Apartments (ARC 85 -80) at 1334 Palm Street is hereby denied. On motion ofCouncilwoman Dovayeconded by Councilwoman Rappand on the following roll call vote: AYES: Councilmembers Dovey, Rappa, Griffin, Settle and Ilayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this _i 7th . day of .Tamp . 1986. A T T: \C I ty Clerk parcel Voges R 59' i r Resolution No. 5999 (1986 Series) Page 2 APPROVED: Cl. 1Q s City Administrative 10f fker City At orney Community Development Director 41 I RESOLUTION NO. 5998 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH CONRAD AND ASSOCIATES FOR THE DESIGN OF A PARKING DECK ON CITY PARKING LOT 1 WHEREAS, the Council at its April 1, 1986 meeting authorized staff to negotiate a contract between the City and professional consultants for the design of parking decks, and and WHEREAS, CONRAD ASSOCIATES is a consulting firm qualified to do this work, WHEREAS, the City has followed established procedures for contracting for professional services, NOW THEREFORE BE IT RESOLVED that the Council hereby authorizes the Mayor to sign the contract with CONRAD ASSOCIATES and the Public Works Director to negotiate and approve each work task to be performed by CONRAD ASSOCIATES under the terms and conditions of the Contract. On motion of Councilwoman Dovev , 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.l7th day of June 1986. ATTEST: CITY C K t * * * * * * * * YOR RON DUNIN R 5998 Resolution No. 5998 (1986 Series) Page Two. 7e-, 6L s Ci y Administrati a Offi er City Att ney Public Works Director City Engineer wapd- park6 -17 by ��,� � �,�f�� � .� �.� ����'v �� ,, .,, ., . , ., -�. :� . ,, .,, CONSULTANT SERVICE AGREEMENT This agreement, made this 17th day of - June 1986 by and between the CITY OF SAN LUIS OBISPO, California (hereinafter re- ferred to as "City "), and CONRAD,BUILDING SYSTEMS, Inc., a Califor- nia corporation, dba CONRAD.ASSOCIATES (hereinafter referred to as "Consultant "). WITNESSETH: WHEREAS, City desires to retain certain services in conjunction with the DEVELOPMENT OF A PARKING STRUCTURE FOR APPROXIMATELY 400 STALLS. The services being provided by this consultant under this contract are for the design and construction administration of a new parking structure located at the southwest corner of Palm and Morro Streets in San Luis Obispo. These services are identified in detail in Exhibit 'A'. WHEREAS, City desires to engage Consultant to provide services described in Exhibit 'A' by reason of its qualifications and experience for performing such services, on the terms and in the manner set forth in Exhibits 'A', 'B', 'C', 'D' and 'E' attached hereto. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 0 C' Consultant Service Agreement Page 2 1. PROJECT COORDINATION a) City. The Director of Public Works shall be the represen- tative of the City for all purposes under this agreement. The Director, or his designated representative, hereby is designated as the Project Manager for the City. He shall supervise the progress and execution of the project under this agreement. b) Consultant. Consultant shall assign a single Project Manager to liaison with the City's representative. Andrew Merriam is hereby designated as the Project Manager for Consultant. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager desig- nee shall be subject to the prior written acceptance and approval of the director. Consultant's Project Team is further described in Exhibit 'E' attached hereto and in- corporated herein by this reference. The individuals identified and the positions held as described in Exhibit 'E' shall not be changed except by prior written approval of City. Such approval shall not be unreasonably withheld by the City. 2. DUTIES OF CONSULTANT a) Services to be furnished. Consultant shall provide all specified services as set forth in Exhibit 'B' attached hereto and incorporated herein by this reference. Consultant Service Agreement Page .3 b) Laws to.be observed. Consultant shall to the extent of its abilities: (1) Notify the City of the need to procure permits and licenses, identify charges and fees, and give notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this agreement; (2) Attempt to keep itself informed of-existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement; (3 ) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above. (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions-of this agree- ment. c) Release of reports and information. Any reports, informa- tion, data, or other material given to, or prepared or assembled by, Consultant under this agreement shall be the C1 Consultant Service Agreement i�) Page 4 c) Release of reports and information. (continued) property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's Project Manager. The Con- sultant shall be allowed, for promotional purposes, to make known the nature of the assignment in a general statement during the project and may reproduce design information -- after it has become public information or upon completion of this project. d) Copies of reports and information. If City requests addi- tional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is re- quired to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consultant's direct expense. 3. DUTIES OF CITY The City.shall provide full information regarding requirements for the Project including a. program, which shall set forth the Consultant's design objectives, constraints and criteria, in- cluding space requirements and relationships, flexibility and expandability, special equipment and systems and site require- ments. Consultant Service Agreement Page 5 3. DUTIES OF CITY (continued) The City shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoi.ning property; rights -of =, way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, archeological data, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. The City shall furnish the services of soil engineers or other consultants when such services are deemed necessary by the Consultant. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, in- cluding necessary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. The City shall pay all costs for permits and plan check fees. The City shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the l Consultant Service Agreement Page 6 3. DUTIES OF CITY (continued) Project, including such auditing services as the City may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor uses the moneys paid by or on behalf of the City. The services, information, surveys and reports required above shall be furnished at the City's expense, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. If the City observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Doc- uments, prompt written notice thereof shall be given by.the City to the Consultant. The City shall furnish required information and. services and shall render approvals and decisions as expeditiously as neces- sary for the orderly progress of the Consultant's services and of the Work. 4. COMPENSATION The Consultant will perform the work in phases as described in Exhibit 'B'. C Consultant Service Agreement Page 7 4. COMPENSATION (continued) Consultant will bill City as provided for in consultant's fee scheduled as described in Exhibit 'C' attached hereto. City will pay this bill within 30 days of receipt. The Consultant may not charge more than the amount shown in Exhibit 'B' with- out prior approval of the City's Project Manager. If this contract is not completed within two years from the date of contract, due to no fault or the Consultant, the Con- sultant shall be permitted to renegotiate the fee to account for inflation and additional time spent on the Project. 5. TIME FOR COMPLETION OF THE WORK Project scheduling shall follow the attached chart (Exhibit 'D') unless revisions to the chart are approved by the City's Project Manager. Time extensions may be allowed for delays caused by City, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the Consul- tant. 6. TEMPORARY SUSPENSION The Public Works Director shall have the authority to suspend the project under this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any Consultant Service Agreement Page 8 6. TEMPORARY SUSPENSION (continued) provisions of this agreement. Consultant will be paid the compensation due and payable to the date of temporary suspen- sion. In the event of a temporary suspension of more than two months, the Consultant shall be permitted to renegotiate the fee to account for inflation and additional time spent on the Project due to the delay. 7. SUSPENSION: TERMINATION a) Right to suspend or-terminate. The City retains the right to terminate this agreement for any reason by notifying Consultant in writing seven days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is termi- nated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Consultant services which are of benefit to City, and which should take into account the work completed up to the date of termination. Said compensation is to be arrived at by mutual agreement of the City and Consultant and should they fail to agree, then an independent arbitrator is to be appointed and his decision shall be binding upon the parties. b) Return of materials. Upon such termination, Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant, and Consultant Service Agreement Page 9 b) Return of materials. (continued) for which Consultant has received reasonable compensation, or given to Consultant in connection with this agreement, except as per paragraph #9 following. Such materials shall become the permanent property of City. Consultant, how- ever, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. 8. INSPECTION Consultant shall furnish City with every .reasonable opportunity for City to ascertain that. the services of Consultant are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's inspec- tion and approval. The inspection of such work shall not re- lieve Consultant of any of its obligations to fulfill its agreement as prescribed. 9. WNERSHIP OF.MATERIALS All original drawings, plan documents and other materials pre- pared by or in possession of Consultant pursuant to this agree- ment shall become the permanent property of the City, and shall be delivered to the City upon demand. The Consultant may re- tain a reproducible copy for their records. i Consultant Service Agreement Page 10 10. INDEPENDENT JUDGMENT Failure of City to agree with Consultant's independent find- ings, conclusions, or "recommendations, if the same are called for under this agreement, on the basis of differences in mat- ters of judgment shall not be construed as a failure on the part of Consultant to meet the requirements of this agreement. 11. ASSIGNMENT: SUBCONSULTANTS: EMPLOYEES This agreement is for the performance of professional design and.construction administration services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ other special- ists to perform special services as required with prior appro- val by the City. It is understood by the City that the Consul- tant shall retain the services of Subconsultant as identified in Exhibit 'E'. 12. NOT IC E All notices hereinunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addresses as follows: To City: . I City Clerk's Office City of San Luis Obispo 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403 -8100 Attn: Pamela Voges, CMC C Consultant Service Agreement 12. NOTICE (continued) To Consultant: 13. INTEREST OF CONSULTANT J Page 11 Conrad Associates P.O. Box 514 6842 Van Nuys Blvd, Suite 301 Van.Nuys, CA 91408 Attn: Raymond Itaya. Consultant convenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this agreement, no sub- contractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest under this agreement is an officer or emplo- yee of City. It is expressly agreed that, in the performance of the services hereunder, Consultant shall at all times be deemed an independent contractor and not an agent or employee of City. 14. INDEMNITY Consultant hereby agrees to indemnify and save harmless City, its officer, agents, and employees of and from: a) Any and all claims and demands which may be made against city, its officers, agents or employees by reason of any Consultant Service Agreement Page 12 14. INDEMNITY (continued) a) (continued) injury to or death of any person or corporation caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents: b) Any and all damage to or destruction of the property of City, its officers, agents, or employees occupied or used by or in the care, custody, or control of Consultant, or in proximity to the site of Consultant's work, caused by any negligent act or omission of Consultant under this agree- ment or of Consultant's employees or agents; c) Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Consultant under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; d) Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by use of any apparatus, appliance, or materials furnished by Consultant under this agreement; and Consultant Service Agreement Page 13 14. INDEMNITY (continued) e) Any and all penalties imposed or damaged sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Consultant. Consultant, at its own costs, expense, and risks, shall defend any and all suits, actions, or other legal proceed - ings that may be brought against or for employees on any such claim or demand of such-third persons; or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Consultant. 15. WORKERS COMPENSATION Consultant certifies that it is aware of the provisions of the Labor Code of the State of California, which require every em- ployer to be insured against liability for workers compensation or. to undertake self- -insurance in accordance with the provi- sions of that code, and it certifies that it will comply with. such provisions before commencing the performance of the work of this agreement. Consultant Service Agreement Page 14 16. INSURANCE At the request of the City, Consultant shall provide proof of comprehensive general liability insurance ($500,0000) (includ- ing automobile) and professional liability insurance ($250,000) satisfactory to the City. City shall be an additional named insured. 17. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 18. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provi- sion, ordinance, or law shall not be deemed to be a waiver of any subsequent breach or violation of the same or of.any other term, covenant, condition, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant,. or condition of this agreement or.of the any appli- cable law or ordinance. C� Consultant Service Agreement n Page 15 19. COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 20. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, national ori- gin, ancestry, religion or sex of such person. If Consultant is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Twenty -five Dollars ($2.5) for each person for each cal- endar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a find- ing of the State of California Fair Employment Practices Com- mission or the equivalent federal agency or officer shall con- stitute evidence of a violation of contract under his para- graph. 0 0 Consultant Service Agreement Page 16 21. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotia- tions, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Consultant. All provisions of this agreement are expressly made conditions. This agreement shall be gover- ned by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant have executed this agreement on the day and year first above written. CONRAD BUILDING SYSTEMS, INC., a CALIFORNIA CORPORATION, dba CONRAD ASSOCIATES CITY OF SAN LUIS OBISPO B .ON DU?�iIN i ) EXHIBIT 'A' SCOPE OF SERVICES SERVICE SCHEDULE � 1 Phase I: Review of project construction work Consultant shall identify work necessary to complete a parking deck on the site selected by the City Council. The project re- view will include consideration of drainage, lighting, landscap- ing, and building design. Anticipated work product will be an itemized report identifying recommended work with cost estimates, based on Phase I review. Phase II: Preparation of preliminary plans Consultant shall, based on City review of Phase I, prepare the project's preliminary plans. The plans will be reviewed by the City Architectural Review Commission and Planning Commission and will provide the basis for the final plans, specifications, and estimates (PS &E). Phase III: Preparation of final plans, specifications, and estimates Subsequent to approval by the reviewing bodies, the consultant will prepare the final PS &E suitable for letting to bid the en- tire project. City staff anticipates revisions to the final PS &E based on comment from the reviewing bodies. Phase IV: Consultation and inspection During construction the consultant will provide periodic inspec- tion, consultation and development and approval of change orders. l 1 � EXHIBIT B SCOPE OF WORK ------------------------------=-------- PHASE ONE: REVIEW AND CONCEPTUAL DESIGN ------------------------------- - - - - -- TASK 1.1: Develop a Work Plan and Schedule Consultant Responsibility: Meet with City representatives to establish a work plan, identifying the interface'between.team.members and the City, and a schedule which fixes hard dead- lines for Phase I and Phase II work.products, and tentative deadlines for Phase III work products. City Responsibility: Participate in meet -ings and approve the work plan and schedule. TASK 1.2: Perform Data Assembly and Project Orientation Consultant Responsibility: Compile and organize all related background informa- tion pertaining to project site, the Parking Study, financial and operation data, and environmental infor- mation, including City comments on the work of other consultants. City Responsibility: Provide background information as available. Coordi- nate information communication to other agencies and consultants. Supply traffic reports as required. TASK 1.3: Refine Conceptual Schemes Consultant Responsibility: Expand on the parking layout studies provided in the Parking Study, with City input, sufficient to allow reasonable assumptions to be made regarding actual project scope and budget requirements. City Responsibility: Provide a written analysis of the selected conceptual schemes, identifying actual requested project scope. TASK. 1.4: Establish Program Requirements TASK 1.5: TASK 1.6: Consultant Responsibility: Identify and itemize "hard" building program require- ments, including project extent, probable structure type, parking controls, lighting, stairs /elevators, site drainage, landscaping /irrigation and conceptual architectural character relationship to adjacent buildings. City Responsibility: Provide program input in parking control systems, capabilities. specific areas, such as and landscape maintenance Prepare Preliminary Budget Consultant Reponsibility: Based on program requirements, establish a realistic preliminary budget for probable project construction cost. City Responsibility: Provide any related budget line item amounts, such as land acquisition or professional fees, that should be included in the preliminary budget. Prepare and Present Program Report Consultant Responsibility: Summarize the work of Tasks 1.3 through 1.5 into a report, which after revisions, will serve as the building program for further work. Present and explain the contents of the program to City staff members involved with the project. City Responsibility: Review and comment on the program report. PHASE ONE IS COMPLETE UPON ACCEPTANCE OF THE PROGRAM REPORT n PHASE TWO: PRELIMINARY DESIGN ----------------------- - - - - -- TASK 2.1: Perform Schematic Design Consultant Responsibility: Refine conceptual project design and expand to the "schematic" level in plan, section and elevation, sufficient for use in presentation and cost esti- mating. City Responsibility: Review, at staff level, intermediate sketches to help direct the schematic design process. TASK 2.2: Coordinate Fixtures and Procedures Consultant Responsibility: Work with City staff and Parking Lot 3 consultants to insure common use of fixtures, hardware and signage; and to facilitate uniform, efficient maintenance and operation procedures. Items to be considered include, but are not limited to: Elevator, light fixtures, security features, control and collection facility, and plumbing, mechanical and electrical fixtures as appropriate. City Responsibility: Review and approve selection of above items. TASK 2.3: Perform Preliminary Structural Engineering Consultant Responsibility: Run schematic design through a preliminary computer analysis to review the efficiency of column place- ments, spans, and the location of shear resisting elements, and establish probable column and beam sizes. TASK 2.4: Prepare Schematic Design Presentation Materials Consultant Responsibility: Prepare graphic presentation materials and a written schematic design report for review by the Architec- tural Review Commission, the Planning Commission and the City Council. Documents will include a colored perspective. 0 `D TASK 2.5: Make Schematic Design. Presentations Consultant Responsibility: . Present the schematic design in a schematic Architec- tural Review Commission hearing, and at Planning Commission and City Council hearings, as well as to any identified public information forums. City Responsibility:. Participate in presentations as appropriate. TASK 2.6: Refine the Design Consultant Responsibility: Meet with City representatives to review ARC, Planning Commission, City Council and public input and estab- lish design refinements to be made during the design development process and a detailed scope of work to be produced during Phase III. Refine schematic design, incorporating changes and additions generated during the review of the schematic design report and draw ings, and make detailed decisions on materials and systems. Present design for supplemental ARC review as required. City Responsibilitys Participate in meetings to interpret input on the schematic design and provide guidelines for the work to be accomplished during the phase.. TASK 2.7: Refine a Work Plan and Schedule Consultant Responsibility: Meet with City representatives to establish a work plan, identifying intermediate review points, and hard deadlines for the work of Phase III. City Responsibility: Participate in meetings and approve the work plan and schedule. PHASE TWO IS COMPLETE WHEN THE USE PERMIT AND SCHEMATIC ARC APPROVALS ARE GRANTED AND THE WORK PLAN /SCHEDULE OF TASK 2.7 IS ACCEPTED BY THE CITY. O PHASE THREE: CONSTRUCTION DOCUMENT PRODUCTION TASK 3.1: Provide General Administration and Project Management Services Consultant Responsibility: Perform on -going correspondence, filing, documenta- tion, notification, and team management responsi- bilities throughout the phase. Meet with City repre- sentatives to review the bidding and contracting methodologies to be used and establish the scope of consultant involvement during the bidding and con- struction processes. City Responsibility: Participate in meetings and establish guidelines for bidding and construction related services. TASK 3.2.: Prepare Design Development Documents Consultant Responsibility: From approved design prepare design development docu- ments to describe final character location and related architectural features. TASK 3.3: Perform Final Engineering Consultant Responsibility:. Engineer structural, electrical, and related systems to finalize the size and extent of project compo- nents. TASK 3.4: Prepare Cost Estimate Consultant Responsibility: Based on design development documents and final engi- neering, have cost estimating consultant prepare a detailed estimate of probable construction cost for the City's use. City Responsibility: Provide non - construction line item amounts that should be included in the estimate. TASK 3.5: Present Final Documents Consultant Responsibility: Prepare and present final design documents, including color and material boards and detailing, to the Architectural Review Commission for final review. City Responsibility: Participate in the presentation as appropriate. TASK 3.6: Prepare Construction Documents Consultant Responsibility: Produce the working drawings, specifications, compli- ance data, and engineering calculations required for accurate bidding and for issuance of a building per- mit. TASK 3.7: Submit for Plan Check Consultant Responsibility: Assemble and submit construction documents as required for review by the Building Department, Fire Depart- ment, Public Works Department and any other bodies involved in the review and permit issuance process. City Responsibility: Provide guidelines for the extent of the submittal required and assist with routing to various City departments. PHASE THREE IS COMPLETE WHEN A BUILDING PERMIT IS READY FOR ISSUANCE BY THE BUILDING DEPARTMENT AND.THE CITY COUNCIL CAN AUTHORIZE ADVERTISING THE PROJECT FOR BIDS. J PHASE FOUR: BIDDING AND CONSTRUCTION SERVICES --------------------------------- ------ - - - - -- TASK 4.1: Assist the City with the Bidding Process Consultant Responsibility: Help with the distribution of documents, clarifica- tions and addenda as may be required, and analysis of submitted bids. Review and make recommendations on proposed alternates, construction schedule, submittals schedule, temporary facilities, insurances, and re- lated items as required. TASK 4.2: Assist the City During Construction Consultant Responsibility: Provide periodic observations of construction in pro- gress to review quality, compliance with the construc- tion documents, and level of completion, provide docu- mentation as required in connection with field clari- fications and change orders, provide analysis as re- quired in connection with contract administration. TASK 4.3: Project Close -Out Consultant Responsibility: Assist with.proect close -out and the determination of substantial and final completion. Provide as -built drawings from contractor- supplied mark -ups. PHASE FOUR IS COMPLETE UPON OCCUPANCY OF THE BUILDING. D. Cost of models, special renderings, promotional p`.ctography, special process printing, printed reports, publications, maps and documents requested by client.. r� FEE SCHEDULE EXHIBIT 'C' Payments for basic services, as defined in Exhibit 'A', shall be made monthly in proportion to services performed on each Phase so that the compensation at the completion of each Phase shall equal the following amounts of the total compensation: Phase I Review and Conceptual Design $ 22,000 Phase II Preliminary Design $ 26,000 Phase III Construction Document Production $102,000 Phase. IV Bidding and Construction Services $ 33,000 Total Compensation $183,000 If the scope of work as defined in Exhibit 'A' and 'B' or the size of the project is changed or if the City requests changes of work previously approved, such new work shall be considered additional services and shall be compensated for on a hourly basis of 3.0 times direct personnel expense or by re- negotiating a new fee. we shall charge you for materials at cost plus 10% for our expenses. These include but are not limited to the following items: A. Cost of copies of drawings, specifications, reports, and cost estimate: xerox and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract. B. Cost of commercial carrier and public transportation, lodgings, car- rental and parking, subsistence and out -of- pocket expenses, private automobile travel at $.25 per mile. C. Long distance telephone and telegraphic charges. EXHIBIT 'E' SUBCONSULTANTS 1. Merriam - Fraser 979 Osos Street, Suite C San Luis Obispo, California Phone: (805) 543 -7057 Mr. Andrew Merriam (Associate- Architect) 93401 2. Donald F. Dickerson Associates (Mechanical and Plumbing) 6901 Hayvenhurst Avenue Van Nuys, California 91406 Phone: (818) 989 -0505 Mr. Phillip Trafton 3. Saul Goldin Associates (Electrical) 1818 So. Robertson Blvd.. Los Angeles, California 90035 Phone: (213) 559 -4555 Mr. Saul Goldin 4. T.E.C. (Landscape) 3320 Bullock Lane San Luis Obispo, California 93401 Phone: (805) 541 -0953 Mr. David Farmer 0 EXHIBIT 'D' CITY OF SAN LUIS OBISPO CONRAD ASSOCIATES PROJECTED PARKING STRUCTURE SCHEDULE Parking 1 -B 12. Plan Check (process w /CD) WHO PROCESS MTG /EVENT 1. Interim Agreement City /MF 4/22 2. Design /Diagrams MF /CRD 4/22 -5/5 5/5 3. Select Plan City 5/16 4. Design: City 2/3/87 a) Process MF /CRD 5/19 -6/6 Construction Contr. b) Submit MF /CRD 6/9 5. Hearing: Planning Commission City 6/25 6. Hearing: Schematic ARC City 6/30 7. Design Development: a) Process MF /CRD 7/1 -8/15 b) Submit MF /CRD 8/1 8. Hearing: Final ARC City 8/18 9. Design Revisions & Cost Estimate MF /CRD 8/18 -28. 10.'Acceptance to start City 8/29 Const. Doc. Staff 11. Construction Documents MF /CRD/ 9/2 -11/7 Contr. 12. Plan Check MF - Merriam- Fraser CRD Conrad (process w /CD) City 10/6 -12/12 13. Hearing: Council authorize to bid City 12/16 14. Bidding City 12/16 15. Accept bid: City Council City 2/3/87 16. Construction Contr. 2/9 -11/23 Occupy MF - Merriam- Fraser CRD Conrad RESOLUTION N0. 5997 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH IBI GROUP FOR THE DESIGN OF A PARKING DECK ON CITY PARKING LOT 2 WHEREAS, the Council at its April 1, 1986 meeting authorized staff to negotiate a contract between the City and professional consultants for the design of parking decks, and WHEREAS, IBI GROUP is a consulting firm qualified to do this work, and WHEREAS, the City has followed established procedures for contracting for professional services, NOW THEREFORE BE IT RESOLVED that the Council hereby authorizes the Mayor to sign the contract with IBI GROUP and the Public Works Director to negotiate and approve each work task to be performed by IBI GROUP under the terms and conditions of the Contract. 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 17.th day of June 1986. ATTEST: CITY ERK PAMELA GES R 5997 C Resolution No.5997 (1986 Series) Page Two. APPROVED: 4ZQ, (2,- City Administrative Offficer City Att ney r 229ay � Public Works Director City Engineer wapd- park6 -17 by i CONSULTANT SERVICE AGREEMENT This agreement, made this 17th, day of June, 1986 by and between the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City "), and IBI Group,'a California partnership (hereinafter referred to as "Consultant "). WITNESSETH: WHEREAS, City desires to retain certain services in conjunction with the DEVELOPMENT OF A PARKING STRUCTURE FOR APPROXIMATELY 230 STALLS. The services being provided by this consultant under this contract are for the design and construction administration of anew parking structure located at the northeast corner of Broad and Marsh in San Luis Obispo. These services are identified in detail in Exhibit 'A'. WHEREAS, City desires to engage Consultant to provide services ciescribea in Exhibits 'A' and 'B' by reason of its qualifications and experience for performing such services, on the terms ana in the manner set forth in Exhibits 'A', 'B', 'C', 'D' and 'E' attached hereto. NOW, THEREFORE, in consideration of their mutual convenants, the parties hereto agree as follows: ,�D Consultant Service Agreement 1. PROJECT COORDINATION • Page 2 a) City. The Director of Public Works shall be the representative of the City for all purposes under this agreement. The Director, or his designated representative, hereby is designated as the Project Manager for the City. He shall supervise the progress and execution of the project under this agreement. b) Consultant. Consultant shall assign a single Project Manager to liaison with the City's representative. Paul Zajfen is hereby designated as the Project Manager for Consultant. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager designee shall be• subject to the prior written acceptance and approval of the director. Such approval shall not be unreasonably withheld by the City. Consultant's Project Team is further described in Exhibit 'E' attached hereto and incorporated herein by this reference. The individuals identified and the positions held as described in. Exhibit 'E' shall not be changed except by prior written approval of City. Such approval shall not be unreasonably withheld by the City. C� L; Consultant Service Agreement Page 3 2. DUTIES OF CONSULTANT a) Services to be furnished. Consultant shall provide all specified services as set forth in Exhibit 'B' attached hereto and incorporated herein by this reference. b) Laws to be observed. Consultant shall to the extent of its abilities: (1) Notify the City of the need to procure permits and licenses, identify charges and fees, and give notices which may be necessary and incidential to the due and lawful prosecution of the services to be performed by Consultant under this agreement; (2) Attempt to keep itself informed of existing and proposed federal, state.and local laws, ordinances, regulations, orders; and decrees which may affect those engaged or employed under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its employees to observe and comply-with all of said laws, ordinances, regulations, orders and decrees mentioned above. (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it • Consultant Service Agreement Page 4 discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. c) Release of reports and information. Any reports, information, data, or other material given to, or prepared or assembled by, Consultant under this agreement shall be the property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's Project Manager. The Consultant shall be allowed, for promotional purposes, to make known the nature of the assignment in a general statement during the project and may reproduce design information after it has become public information or upon completion of this project. d) Copies of reports and information. If City requests additional copies of reports, drawings; specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consultant's direct expense. Consultant Service Agreement 3. DUTIES OF CITY The City shall provide full information regarding Page 5 requirements for the Project including a program, which shall set forth the Consultant's design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirements. The City shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and.contours of the site; locations, dimensions and complete data pertaining to existing buildings, archeological data, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. The City shall furnish the services of soil engineers or other consultants when such services are deemed necessary by the Consultant. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and Consultant Service Agreement Page 6 resistivity tests, including necessary operations for determining subsoil, air and water conditions, with reports and.appropriate professional recommendations. The City shall pay all costs for permits and plan check fees. The City shall furnish all legal and accounting services for the project, including such auditing services as the City may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor uses the moneys paid by or on behalf of the City. The services, information, surveys and reports required above shall be furnished at the City's expense, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. If the City observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the City to the Consultant. The City shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Consultant's services and of the Work. Consultant Service. Agreement 4. COMPENSATION Page 7 The Consultant will perform the work in phases as described in Exhibit 'B'. Consultant will bill City as provided for in consultant's fee schedule as described in Exhibit 'C' attached hereto. City will pay this bill within 30 days of receipt. The Consultant may not charge more than the amount shown in Exhibit 'C' without prior approval of the City's Project Manager. If this contract is not completed within two years from the date of contract, due to no fault of the Consultant, the Consultant shall be permitted to renegotiate the fee to account for inflation and additional time spent on the Project. 5. TIME FOR COMPLETION OF THE WORK Project schedule shall follow the attached.chart (Exhibit 'D') unless revisions to the chart are approved by the City's Project Manager. The City and the consultant will cooperate in order to try and achieve the work within the time frame. Time extensions may be allowed for delays caused by the City, other government agencies, force majeure, or other factors required by the proper conduct of the work. n i Consultant Service Agreement Page 8 6. TEMPORARY SUSPENSION The Public Works Director shall have the authority to suspend the project under this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provisions of this agreement. Consultant will be paid the compensation due and payable to the date of temporary suspension. In the event of a temporary suspension or an accumulation of extensions of more than two months, the Consultant shall be permitted to renegotiate the fee to account for inflation and additional time spent on the project due to the delay. 7. SUSPENSION: TERMINATION a) Right to suspend or terminate. The City retains the right to terminate this agreement for any reason by notifying Consulta.nt.in writing seven days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Consultant services which are of benefit to City, and which should take into account the work completed up to the date of termination. Said compensation is to be arrived at by mutual agreement of the City and Consultant and should they fail to agree, than an independent arbitrator is to be appointed and his decision shall be binding upon the parties. Consultant service Agreement n b) Return of materials. Upon such termination, Page 9 Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant, and for which Consultant has received reasonable compensation, or given to Consultant in connection with this agreement, . except as per paragraph #9 following. Such materials shall become the permanent property of City. Consultant, however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. 8. INSPECTION Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished> if any, shall be subject to the City's Project Manager's.inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its agreement as prescribed. 1 Consultant Service Agreement Page 10 9. OWNERSHIP OF MATERIALS All original drawings, plan documents and other materials prepared by or in possession of Consultant pursuant to this agreement shall become the permanent property of the City, and shall be delivered to the City upon demand. The Consultant may retain a reproducible copy for their records. Consultant, however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. 10. INDEPENDENT JUDGMENT Failure of City to agree with Consultant's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of differences in matters of judgment shall not be construed as a failure on the part of Consultant to meet the requirements of this agreement. 11.ASSIGNMENT: SUHCONSULTANTS: EMPLOYEES This agreement is for the performance of professional design and construction administration services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ other specialists to perform special services as required with prior approval by the City. It is understood by the City that the Consultant shall retain the services of Subconsultant as identified in Exhibit 'E'. Consultant Service Agreement Page 11 12. NOTICE All notices hereinunder shall be given in writing and mailed, postage prepad,.by Certified Mail, addresses as follows: To City: City Clerk's Office City of San Luis Obipso 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403 -8100 Attn: Pamela Voges, CMC To Consultant: ZBI Group 260 Newport Center Drive Suite 100 Newport Beach, CA 92660 Attn: Paul Zajfen, AIA 13. INTEREST OF- CONSULTANT Consultant convenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further convenants that, in the performance of, this agreement, no subcontractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder, Consultant shall at all times be deemed an independent contractor and not an agent or employee of City. Consultant Service Agreement I Page 12 14. INDEMNITY Consultant hereby agrees to indemnify and save harmless City, its officer, agents and employees of and from: a) Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Consultant under this aqreement or of Consultant's employees or agents: b) Any and all damage to or destruction of the property of City, its officers, agents, or employees occupied or used by or in the care, custody, or control of Consultant, or in proximity to the site of Consultant's work, caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; c) Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Consultant under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents or employees; _Consultant Service Agreement Page 13 d) Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged.infringement of any patent rights or claims caused by use of any apparatus, appliance, or materials furnished by Consultant under this agreement; and e) Any and all penalties imposed or damaged sought on account of the violation.of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Consultant. Consultant, at its own costs, expense, and risks, shall defend any and all suits, actions, or other ,legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Consultant. i5.. WORKERS COMPENSATION Consultant certifies that it is aware of the provisions of the Labor Code of the State of California, which require Consultant Service Agreement Page 14 every employer to be insured against liability for workers compensation or to undertake self - insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 16. iNtURANCE At the request of the City; Consultant shall provide proof of comprehensive general liability insurance ($500,000) (including automobile) and professional liability insurance ($250,000) satisfactory to the City. City shall be an additional named insured. 17. AGREEMENT BINDING The terms, covenants; and conditions of this agreement shall apply to; and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 18. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed.to be a waiver of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance. or C' Consultant Service Agreement Page 15 law. The subsequent acceptance by either party of any fee or other money which many become due.hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, convenant, or condition of this agreement or of any applicable law or ordinance. ?0. COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 24. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. If Consultant is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or M Consultant Service Agreement Page 16 to deduct from the amount payable to Consultant the sum of Twenty -five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a. finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. 21. AGREE1,1ENT C014TAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Consultant. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. Consultant Service Agreement Page 17 IN WITNESS THEREOF, City and Consultant have executed this agreement on the day and year first above written. ATTE . CITY CLERK PAMEL OGES By CITY OF SAN LUIS OBISPO MAZOR B RON DUNIN EXHIBIT 'A' SCOPE OF SERVICES SERVICE SCHEDULE Phase I: Review of parking systems and program Consultant shall prepare his assessment of the most suitable traffic systems capable of parking the cars within the site based upon the design requirements of the City. The City shall review these systems and, together with the Consultant, agree upon a system for development in the preliminary.plans. Location of retail and other public facilities such as landscaping shall be identified in this portion of the work. Phase II: Preparation of preliminary plans. Consultant shall, based on City review of Phase I, prepare the project's preliminary plans. The plans will be reviewed by the City Architectural Review Commission and Planning Commission and will provide the basis for the final plans, specifications and estimates (PS &E). Cost estimates will be based on Preliminary Plans. Phase III: Preparation of final plans, specifications and estimates Subsequent to approval by the reviewing bodies, the consultant will prepare the final PS &E suitable for letting to bid the entire project. City staff anticipates revisions to the final PS &E.based on comment from the reviewing bodies. Phase IV: Consultation and inspection During construction the consultant will provide periodic inspection, consultation and development and approval of change orders. 1 EXHIBIT 'B' SCOPE OF WORK PHASE ONE: PARKING SYSTEMS TASK 1.1' DEVELOP A WORK PLAN AND SCHEDULE Consultant Responsibility:. Meet with City representatives to establish a work plan, identifying the interface between team members and the City, and A schedule which fixes hard deadlines for Phase I and Phase II work products, and tentative deadlines for Phase III work products. City Responsibility: Participate in meetings and approve the work plan and schedule. TASK 1..2: PERFORM DATA ASSEMBLY AND PROJECT ORIENTATION Consultant Responsibility: Compile and organize all related background information pertaining to.project site, the Parking Study, financial and operational data, and environmental information, including City comments on the work of other consultants. City Responsibility: Provide background information as available. Coordinate information communication to other agencies and consultants. TASK 1.3: REFINE CONCEPTUAL SCHEMES Consultant Responsibility: Expand on the parking layout studies provided in the Parking Study, with City.input, sufficient to allow. reasonable assumptions to be made regarding actual project scope and budget requirements. City Responsibility: Provide a written analysis of the. selected conceptual schemes, identifying actual requested project scope. PHASE ONE IS COMPLETE UPON ACCEPTANCE OF THE PARKING SYSTEM FOR PRELIMINARY DESIGN DEVELOPMENT. iD PHASE TWO: SCHEMATIC DESIGN ----------------------- - - - - -- TASK 2.1: PERFORM SCHEMATIC DESIGN Consultant Responsibility: Refine conceptual project design and expand to the "schematic" level in plan, section and elevation, sufficient for use in presentation and cost estimating. City Responsibility: Review, at staff level, intermediate sketches to help direct the schematic design process. TASK 2.2: COORDINATE FIXTURES AND PROCEDURES Consultant Responsibility: Work with City staff and Parking Lot 1 consultants to insure common use of .fixtures, hardware and signage; and to facilitate uniform, efficient maintenance and operation procedures. Items to be considered include, but are not limited to: Elevator, light fixtures, security features, control and collection facility, and plumbing, mechanical and electrical fixtures as appropriate. City Responsibility: Review and approve selection of above items. TASK 2.3: PERFORM PRELIMINARY STRUCTURAL ENGINEERING Consultant Responsibility: Review the efficiency of column placements, spans, and the location of shear resisting elements, and establish probable column and beam sizes. TASK 2.4: PREPARE SCHEMATIC DESIGN PRESENTATION MATERIALS Ccnsultant Responsibility: Prepare graphic presentation materials and a written schematic design report for review by the Architectural Review Commission, the Planning Commission and the City Council. Documents will include a perspective. TASK 2.5:. MAKE SCHEMATIC DESIGN PRESENTATIONS Consultant Responsibility: Present the schematic design in a schematic Architectural Review Commission hearing, and at Planning Commission and City Council hearings, as well as to any identified public information forums. City Responsibility: Participate in presentations as appropriate. TASK 2.6: REFINE THE DESIGN Consultant Responsibility: Meet with City representatives to review ARC, Planning Commission, City Council,and public input and establish design refinements to be made during the design development process and a detailed scope of work to be produced during Phase III. Refine schematic design, incorporating changes and additions generated during the review of the schematic design report and drawings, and make detailed decisions on materials and systems. Present design for supplemental ARC review as required. City Responsibility: Participate in meeting. to interpret input on the schematic design and provide guidelines for the work to be accomplished during the phase. TASK 2.7 PREPARE COST ESTIMATE: Consultant Responsibility: Based on preliminary scheme, Hanscomb & Associates will prepare cost estimate of probablE construction cost for the City's use. TASK 2.8: REFINE A WORK PLAN AND SCHEDULE: Consultant Responsibility: Meet with City representatives to establish a work plan, identifying intermediate review points, and hard deadlines for the work of Phase III. City Responsibility: Participate in meetings and approve the work plan and schedule. PHASE TWO IS COMPLETE WHEN THE USE PERMIT AND SCHEMATIC ARC APPROVALS ARE GRANTED AND THE WORK PLAN /SCHEDULE OF TASK 2.8 IS ACCEPTED BY THE CITY'. �J ----------------------------------------------- PHASE THREE: CONSTRUCTION DOCUMENT PRODUCTION TASK 3.1: PROVIDE GENERAL ADMINISTRATION AND PROJECT MANAGEMENT SERVICES Consultant Responsibility: Perform on -going correspondence, filing, documentation, notification, and team management responsibilities throughout the phase. Meet with City representatives to review the bidding and contracting methodologies to be used and establish the scope of consultant involvement during the bidding and construction processes. City Responsibility: Participate in meetings and establish guidelines for bidding. and construction - related services. TASK 3.2: PREPARE DESIGN DEVELOPMENT DOCUMENTS Consultant Responsibility: From approveD design prepare design development documents to describe final character,,location and related architectural features. TASK 3.3: PERFORM FINAL.ENGINEERING Consultant Responsibility: Engineer structural, electrical, landscaping, architectural and related systems to finalize the size and extent of project components. TASK 3.4: PREPARE COST ESTIMATE Consultant Responsibility: Based on design development documents and final engineering, have cost estimating consultant prepare a detailed estimate of probably construction cost. City Responsibility: Provide non - construction line item amounts that should be included in the estimate. C�' O TASK 3.5: PRESENT FINAL DOCUMENTS Consultant Responsibility: Prepare and present final design documents, including color and material boards and detailing, to the Architectural Review Commission and City Council for final review. City.Responsibility: Participate in the presentation as appropriate. TASK 3.6: PREPARE CONSTRUCTION DOCUMENTS Consultant Responsibility: Produce the working drawings, specifications, compliance data, and engineering calculations required for accurate bidding and for issuance of a building permit. TASK3.7: SUBMIT FOR PLAN CHECK Consultant Responsibility: Assemble and submit construction documents as required for review by the Building Department, Fire Department, and any other bodies involved in the review and permit issuance process. City Responsibility: Provide guidelines for the extent of the submittal required and assist with routing to various City departments. PHASE THREE IS COMPLETE WHEN A BUILDING PERMIT IS READY FOR ISSUANCE BY THE BUILDING DEPARTMENT AND THE CITY COUNCIL CAN AUTHORIZE ADVERTISING THE PROJECT FOR BID. 7D TASK 3.5: Present Final Documents Consultant Responsibility: Prepare and present final design documents, including color and material boards and detailing, to the Architectural Review Commission for final review. City Responsibility: Participate in the presentation as appropriate. TASK 3.6: Prepare Construction Documents Consultant Responsibility: Produce the working drawings, specifications, compli- ance data, and engineering calculations required for accurate bidding and for issuance of a building per- mit. TASK 3.7: Submit for Plan Check Consultant Responsibility: Assemble and submit construction documents as required for review by the Building Department, Fire Depart - ment, Public Works Department and any other bodies involved in the review and permit issuance process. City Responsibility: Provide guidelines for the extent of the submittal required and assist with routing to various City departments. PHASE THREE IS COMPLETE WHEN A BUILDING PERMIT IS READY FOR ISSUANCE BY THE BUILDING DEPARTMENT AND THE CITY COUNCIL CAN AUTHORIZE ADVERTISING THE PROJECT FOR BIDS. ----------- ---------- PHASE FOUR: BIDDING ----- ------------- -- - - -- TASK 4.1: ASSIST THE CITY WITH THE BIDDING PROCESS ­onsiiltant Re.sponsibilitv: Help With the distribution of documents, clarifications And addenda.as may be required, and analysis of submitted bids. Review and make recommendations on proposed Alternates, construction schedule, submittals schedule, temporary facilities, insurances, and reiated items as required. PHASE FOUR IS COMPLETE UPON SUBMITTAL OF BIDS. ------------------------------------ PHASE FIVE: CONSTRUCTION SERVICES ------------------------------------ TASK-5.1: ASSIST THE CITY DURING CONSTRUCTION ConsultantResponsibility: Provide periodic observations of construction in progress to review quality, compliance with the construction documents, and level of completion, provide documentation as required in connection with field clarifications and change orders, provide analysis as required in connection with contract administration. TASK 5.2: PROJECT CLOSE-OUT Consultant Responsibility: Assist with project close -out and the determination of substantial and final,completion. Provide at-built drawings from contractor-supplied mark -ups. PHASE FIVE IS COMPLETE UPON OCCUPANCY OF THE BUILDING. C FEE SCHEDULE EXHIBIT 'C' 0 Payments for basic services, as defined in Exhibit 'A', shall be made monthly in proportion to services performed on each Phase so that the compensation at the completion of each Phase shall equal the following amounts of the total compensation: Phase I Review and Conceptual Design $ 37,450.00 Phase II Preliminary Design 14,980.00 Phase III Construction Document Production 70,370.00 Phase IV Bidding and Construction Services 27,000.00 Total Compensation $149,800.00 If the scope of work as defined_ in Exhibit 'A' and 'B' or the size of the project is changed or if the City requests changes of work previously approved, such new work shall be, considered additional services and shall be compensated for on a hourly basis of 3.0 times direct.personnel expense or by re- negotiating a new fee. We shall charge you for materials at cost plus 10% for our expenses. These include but are not limited to the following items: A. Cost of copies of drawings, specifications, reports, and cost estimate: xerox and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract. B. Cost of commercial carrier and public transportation, lodgings, car rental and parking, subsistence and out -of- pocket expenses, private automobile *_ravel ?*_ $.25 per mile. C. Long distance telephone and telegraphic charges. D. cost of models, special renderings, promotional photography, special process printing, printed reports, publications, maps and documents requested by client. EXHIBIT 'D' CITY OF SAN LUIS OBISPO PROJECTED PARKING STRUCTURE SCHEDULE 5. Hearing: WHO PROCESS MTG /.EVENT 1. Interim Agreement City /IBI 4/22 2. Design /Diagrams IBI /RJC 5/1 -6/5 6/5 3. Select Plan City 6/5 4. Design: Design Revisions & 10/30 -12/12 a) Process IBI /RJC 5/19 -6/13 b) Submit IBI 6/20 5. Hearing: 12. Plan Check Planning Commission 6. Hearing: Schematic ARC 7. Design Development: 14. a) Process 15. b) Submit 8. Hearing: Final ARC 9. Design Revisions & 10/30 -12/12 Cost Estimate 10. Acceptance to start Construction Documents 11. Construction Documents 12. Plan Check City City IBI IBI City IBI/ H &A City Staff IBI /RJC/ Consult. Citv City City Contr. (process w /CD) 13. Hearing: Council 7/14 -9/5 authorize to bid 14. Bidding 15. Accept bid: City Council 16. Construction City City IBI IBI City IBI/ H &A City Staff IBI /RJC/ Consult. Citv City City Contr. 12/16 12/16 2/3/87 2/9 -11/23 occupy 7/9 7/14 7/14 -9/5 8/18 8/18 -9/5 9/6 9/6 -10/30 10/30 -12/12 12/16 12/16 2/3/87 2/9 -11/23 occupy EXHIBIT 'E' SUBCONSULTANTS 1. Thomas Ames Priest 3145 Calle Jazmin San Luis Obispo, CA 2. READ JONES CHRISTOFFERSEN 3320 E. Shea Boulevard Suite 106 Phoenix, Arizona 85028 Mr. Neale.George 3. S.E.D.E.S. 1040 Chorro Street Suite B San Luis Obispo, CA 93401 Mr. David W. Foote 4. THOMA ELECTRIC 755 Alphonso P.O. Box 1167 San Luis Obispo, CA 93406 Mr. Bill Thoma 5. AL NIBECKER & ASSOCIATES 935 Riverside, Unit 19 Paso Robles, CA 93446 Mr. Al Nibecker 6. HANSCOMB & ASSOCIATES, INC. 4400 MacArthur Blvd. Suite 620 Newport Beach, CA 92660 Mr. Iskander A.R. Abdulla Superintending Architect (under IBI Group umbrella) Structural Engineer Landscape Architect Electrical Engineer Mechanical Engineer Cost Estimator l � • �' �' ��L-- i �����c��� ✓� •, J RESOLUTION NO. 5996 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO TO PARTICIPATE MONETARILY IN THE CONSTRUCTION OF THE PROPOSED PARKING GARAGE ON LOT 1 WHEREAS, the County has offered to participate monetarily in the construction of the proposed parking garage on Lot 1, and WHEREAS, this agreement will provide $1,250,000 towards the construction of the parking facility, and WHEREAS, this participation has been a part of the financial planning for the project and was considered in the recent IBI Group parking report, NOW THEREFORE be it resolved by the Council of the City of San Luis Obispo as follows: SECTION 1. The Mayor is hereby authorized to sign an agreement with the County of San Luis Obispo to participate-monetarily in the construction of the roposed parking garage on lot 1. 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 171-h day of June 1986. ATTE CIT CLERK CITY CTffRK d1 0 � _ __ R 5996 !-I Resolution No. 5996 (1986 Series) Page Two. APPROVED: L City Administrative 0 fiver City Att ney City Engineer wapd /pacoag6 -17 �/i�l,,� //1�/'1�?f G �/�� �;�ah�� AGREEMENT THIS AGREEMENT is entered into this /Z day of JGgg 1986, by and between the CITY OF SAN LUIS OBISPO ( "City ") and the COUNTY OF SAN LUIS OBISPO ( "County "). Both City and County are political subdivisions of the State of California and are legally authorized to enter into this Agreement. W I T N E S S E T H: WHEREAS, City and County are interested in resolving some of the parking problems in San Luis Obispo; and WHEREAS, County has a need to provide necessary parking for the use of its employees and for residents of the County performing jury duty at the Superior and Municipal Courts; and WHEREAS, City is currently engaged in a Public Works project to construct a parking structure at the site known as "City Parking Lot #1 ", located at Palm and Morro Streets, San Luis Obispo; and WHEREAS, it is desirable for both City and County to document the understandings by which the County has proposed to contribute $1,250,000 toward the estimated $4,000,000 costs of the parking structure; and NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, City and County agree as follows: 1. County will transfer $1,250,000 as soon as possible to City to be used to defray a part of the construction costs of a parking structure at Palm and Morro Streets. All monies committed toward the parking structure will be deposited in the City's Parking Fund. The cash balance of this fund earns interest in accordance with City policy and interest is posted quarterly. A project account.for the Palm Street structure within the Parking Fund will be established for the construction project. Semi - annual reports will be submitted to the County on the construction projects until completion. If the projects are not completed and 130 spaces are not provided to the County as planned, a prorated reimbursement of the amount deposited plus its appropriate share of interest distributed to the Parking Fund will be made to the County. 2. City will credit County 130 parking spaces in the structure with the understanding that 105 of the spaces represent the County's contribution to the existing shortage of adequate parking spaces in downtown San Luis Obispo. 3. The remaining 25 spaces of the 130 represent the County's contribution to its parking requirements connected with the new City- County library to be constructed at 955 Palm Street, San Luis Obispo. 4. City will be the sole owner of the parking structure. City will be responsible for the construction, operation and maintenance of the structure. All revenues generated from the use of the structure will be retained by City. City agrees to indemnify and save harmless County from any and all claims, costs and damages arising out of County's obligations under this Agreement. 5. It is contemplated by both City and County that the parking structure will be managed in.such a manner that.: A. Persons on official jury duty will park free, B. Library patrons would pay normal user charges, C. Use of the structure will be on a first -come, first - served basis. Exact details on the parking management program for the structure will not be established until a later date.. Both City and County agree to cooperate in good faith on those matters which will affect both parties. 6. City estimates construction on the parking structure will commence on or about February 1, 1987, and that it should be completed and in operation by February 1, 1988. -2- 7. City intends to use the structure for parking purposes for the useful life of the structure. If City changes the use of the structure prior to 40 years having elapsed from completion of construction and date of acceptance, County shall be entitled to equitable compensation for the remaining value of their investment. County acknowledges that no compensation of any kind will be forthcoming after the 40 -year period. 8. Notwithstanding any other provision of this Agreement, City and County agree that in the event of destruction of the structure by earthquake, fire, flood,.other natural disaster or act of God, City shall not be obligated to provide for any refund or compensation of any kind to County. By. : M- or Chairman, Board of Supervisors ATTEST: 4YClerkla APPROVED AS TO FORM AND LEGAL EFFECT Roger Picquet, City At rney -3- ATTEST: Francis M. Cooney, Clerk Board of Supervisors By: �40r Deputy Clerk SONDRA REINER James B. Lindholm, Jr. County Counsel By:-( V Deputy County Couns 0 290268 JHHW:CFA:dfd June 1 86 F6384 RESOLUTION NO. 5995 RESOLUTION OF THE CITY COUNCIL APPROVING SALE OF REAL PROPERTY TO THE CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD AND AUTHORIZING AND DIRECTING EXECUTION OF ACQUISITION AGREEMENT WHEREAS, the City of San Luis Obispo (the "City") has previously .adopted its Ordinance No. 1059 (1986 Series) on April 15, 1986, establishing the City of San Luis Obispo Capital Improvement Board (the "Board) for the purpose of assisting the City in the financing of public improvements; and WHEREAS, the Board proposes at this time to issue its City of San Luis Obispo Lease Revenue Bonds (Capital Improvement Projects), Series 1986 in the aggregate principal amount of not to exceed $15;000;000 for the purpose of financing the acquisition, construction and improvement of various public improvements to be used by the City, including certain street and public parking improvements; and WHEREAS, in connection with such financing the City proposes to sell to the Board certain real property currently owned by the City (the "Properties "), including the Police Station land and improvements and the City Hall land and improvements, pursuant to and as more fully described in the Acquisition Agreement dated as of June 15, 1986, by and between the City as seller and the Board as purchaser (the "Acquisition Agreement'); and WHEREAS, the City Council approves of such sale in the public interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: Section 1. Approval of Sale: Acquisition Agreement. The City Council hereby approves the sale by the City to the Board of all of the Properties pursuant to and as described in the Acquisition Agreement. The City Council hereby approves the Acquisition Agreement in substantially the form on file with the City Clerk together with all changes and additions thereto as the City Administrative Officer shall deem advisable. The City Administrative Officer is hereby authorized and directed to attest and to affix the seal of the City to, said Acquisition. Agreement for and in the name of the City. Section 2. Official Actions. The Mayor, the City Administrative Officer, the Finance Director, the City Clerk, the City Attorney and any and all other officers of the City are each authorized and directed for and in the name of the City to execute any and all assignments, certificates, requisitions, agreements, notices. consents, instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate the lawful sale of the Properties to the Board pursuant to. the Acquisition Agreement. R 5995 Resolution No..5995 (19F" Series) Page 2 Section 3. Effective Date. This resolution shall take effect "immediately upon its passage and adoption. On.motion of Councilwoman Rappa, seconded by Mayor Dunil, PASSED AND ADOPTED this 17th day of June, 1986, by the following vote'. AYES: Councilwoman.Rappa, Mayor Dunin, Councilmembers Dovey,. Griffin. and Settle NOES: None:. ABSENT: 'None Mayor Ron Dunin (SEAL) Attest: -2- bass �, �� O ��cd�d ., ,�DY1C� �Dv%] c�,�- GCE /�a�eoi ��s �� s� 0 0 29026.8 JHHW :CFA:dfd June 10, 1986 F6381 EXHIBIT II ACQUISITION AGREEMENT THIS ACQUISITION AGREEMENT, dated as of June 1.5, 1986, by and between the CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD, a public body corporate and politic duly organized and existing under Ordinance No. 1059 (1986 Series) adopted by the City Council of the City of San Luis Obispo on April 15, 1986, and under the Constitution and laws of the State of California (the "Board "), and the CITY OF SAN LUIS OBISPO, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the "City"), WIT NESSETH: , WHEREAS, the City presently owns certain real property located in the City of San Luis Obispo, County of San Luis Obispo, State of California, more particularly described in Exhibit A attached hereto and by this reference incorporated herein, consisting of certain land and improvements constituting the existing City Hall of the City and certain land and improvements constituting . the existing Police Station of the City, (collectively, the "Properties "); and WHEREAS, the Board wishes to acquire the Properties from the City for the purpose of enabling the City to undertake certain public improvements of the City; and WHEREAS, to pay the costs acquiring the Properties from the City, the Board proposes to issue its City of San Luis Obispo Lease Revenue Bonds (Capital Improvement Projects), Series 1986, in the aggregate principal amount of $ (the "Bonds ") pursuant to an Indenture of Trust of even date herewith between the Board and Security Pacific National Bank as trustee; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter contained, the parties hereto hereby agree as follows: Section 1. Acquisition of Properties. The City hereby grants. conveys and sells to the Board all right, title and interest of the City in and to each of the Properties and the Board hereby acquires all of the right, title and interest of the City in and to the Properties. Section 2. Acquisition Price. In consideration of the acquisition by the Board of the City's right, title and interest in each of the Properties pursuant to Section 1, the Board hereby agrees to pay to the City the respective purchase prices for each of the Properties as set forth in Exhibit B attached hereto and by this reference incorporated herein, each of which amounts the parties hereby agree represents the fair market value of the Properties. Such purchase prices are not in excess of the respective appraised values thereof as determined pursuant to the appraisal by Dennis E. Greene Company on file with the City Clerk. The parties hereto agree that said purchase prices constitute fair and adequate consideration for the interests of the City in the Properties. Said purchase prices shall be paid by the Board to the City on the date of issuance of the Bonds, and shall be paid from amounts deposited with the Trustee for such purpose from the proceeds of sale of the Bonds. Section 3. Use of Proceeds. The parties hereby agree that the acquisition by the Board of the City's right, title and interest in the Properties pursuant to Section 1 serves the public purposes of the City by providing funds to enable the City to finance certain capital requirements of the City, including certain street improvements. The City hereby agrees that the proceeds of sale of the Properties shall be used solely for the purpose of paying the costs of capital improvements within the City on or before the date three years following the date of issuance of the Bonds. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers thereunto duly authorized, all as of the date first above written. Attest: Attest: City Clerk Pamel &oges Secretary %mela Voges CITY OF SAN LUIS OBISPO By Mayor Ron Dunin CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD • By resident Ron Dunin -2- EXHIBIT A DESCRIPTION OF PROPERTIES I. CITY HALL LAND AND IMPROVEMENTS All of the land located in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows, together with all buildings, facilities, and other improvements which constitute real property and which are situated on such land: Lots 2, 3 and 4 in Blocl 19 of the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California. according to the official map of said City on file in the office of.the County Recorder of said County. EXCEPTING therefrom any portion that may be included within Mill Street, Morro Street, Palm Street and Osos Street. ' II. POLICE STATION SITE AND IMPROVEMENTS All of the land located in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows, together with all buildings, facilities, and other improvements which constitute real property and which are situated on such land: PARCEL 1: The Northaseterly 50 tact of Lot 4 in floc;. 38 of thr City of San Luis Obispo, 10 the city of San .Luis Obispo, County of San Luis Obispos State of Galitornia, according to Nap filed for record Trey 1, 1878 In Book A at FaYx 168 of lisp &. In the sitice of the County Recurcet of gala County. PARCEL 2: That portion of Lot 4 in EloeL 28 of the City of San Luis Obispo, in the. City of San Luis Obispo, County of San Luis Oblupo. State of California, according to map filed for record Hay 1. 1878 in Booi A sit page 16e of Haps, in the otfiw *of the County Recorder of said County, described as follow: Eeglnning 6t a point on the Northeasterly line of Osoa Street, as said Street is delineatea on said Hap, distant 98 feet Northwesterly from the Southerly corner of said Bloc; 28; thence (1) at tight angles Northeasterly 100 feet; thanes (2) at right angles Northwesterly 52 feet to a point In the Northwesterly line of said Lot 4; thence (3) South 26.39'12" Nest. 112.71 fact to the *taint of Beginnidg. -3- i PARCEL 3: Lots 5 aaa 6 in Yloct 28 of the City of San Luis Obispo, in the City of San Lois Obispo. County of San Luis Obispo. State of California. according to Yap filed far r.rcur* Nay 1. 1818 in IIoo1 A at page 166 of flaps in the office of the County Recorder of said County. EXCEPTING therelros that portion of Lot 6 convcy.a to the State of California. by deea dated July 27. 1951 and record** September 12. 1951 in Boat: 626 at page 134 of Official Records. -4- EXHIBIT B PURCHASE PRICES roe Purchase Price City Hall Improvements $2,000,000 Police Station Site and Improvements $2,000,000 5- N T Y a U FA m m a 'O 0 O m 0 0 Y u m 8 m Y > u m ri 0 a m m 0 N a b 0 0 in V G m W m m v 0 0 in x c m 0 m Y m E " 0 U 0 m Y A G V t. O L Y 4 0 >, Y U a o a m +' y0 x' yyN T Y �.i U r- 0 M mss°. A. d a 'O C rl m sa m m m 0 U m N A � m 0 v z C w m o xem 0 o y � y�C C +i m 4 y %4 M m 0 6 V t 0 > y Y � 4 4 4 C 0 mM t O,yL ay M M A O U O 0Y AY..Ci m 0 a M U 0 C 0 G y41 . 6y Dpi m .Yi a y o. y m Um rico + 00 007am+ A Ll F 0 rl H H 0 s+ Q O �o 0 0 m z 0 0 o v 4 e w � ~� m M +i 0 L G G W 0 O ma m O a Y 0 d to C 0 aw m O C M N 0 1 0 7 M o a 0 O ' a y pE A a a a arra e. UrA 4 m G R ++ O 0S 0 r Y x T Y a U FA m m a 'O 0 O m 0 0 Y u m 8 m Y > u m ri 0 a m m 0 N a b 0 0 in V G m W m m v 0 0 in x c m 0 m Y m E " 0 U 0 m Y A G V t. O L Y 4 0 >, Y U a o a m +' y0 x' yyN T Y �.i U r- 0 M mss°. A. d a 'O C rl m sa m m m 0 U m N A � m 0 v z C w m o xem 0 o y � y�C C +i m 4 y %4 M m 0 6 V t 0 > y Y � 4 4 4 C 0 mM t O,yL ay M M A O U O 0Y AY..Ci m 0 a M U 0 C 0 G y41 . 6y Dpi m .Yi a y o. y m Um rico + 00 007am+ A Ll F 0 rl H H O V m O 4 � 0 ~� m M m0 G zz O ma m a aw p az N o ' pE A a arra G UrA G R M 0S 0 r Y 4+ O G m m w a m a a E F. oCo m T Y a U FA m m a 'O 0 O m 0 0 Y u m 8 m Y > u m ri 0 a m m 0 N a b 0 0 in V G m W m m v 0 0 in x c m 0 m Y m E " 0 U 0 m Y A G V t. O L Y 4 0 >, Y U a o a m +' y0 x' yyN T Y �.i U r- 0 M mss°. A. d a 'O C rl m sa m m m 0 U m N A � m 0 v z C w m o xem 0 o y � y�C C +i m 4 y %4 M m 0 6 V t 0 > y Y � 4 4 4 C 0 mM t O,yL ay M M A O U O 0Y AY..Ci m 0 a M U 0 C 0 G y41 . 6y Dpi m .Yi a y o. y m Um rico + 00 007am+ A Ll F 0 rl H RESOLUTION NO. 5994 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUIRING AN ENVIRONMENTAL IMPACT REPORT FOR MINOR. SUBDIVISION 86 -74 AT 2606 EL CERRITO (ER 14 -86) WHEREAS, this item has come to the City Council on appeal from the Community Development Director, and the council has held a public hearing to consider the initial environmental study, staff report, drainage calculations, and public testimony; NOW, THEREFORE, the council resolves to uphold the appeal and require an environmental impact report to address drainage, flooding, and water quality impacts of grading and construction which would follow from the proposed subdivision, with the following finding: The proposed subdivision may substantially change storm drainage, flooding, or water quality, and therefore could have a significant impact on the environment as provided in the California Environmental Quality Act and the city's Environmental Impact Procedures and Guidelines. On motion of Cnnnri lmnn Gri fitseconded by Councilman Settle e 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 1 7rh day of T „no . 1986. r on Dunin ATTEST: City Perk Pamela Vo i R 5994 Resolution No. 5994 (1986 Series) Page 2 APPROVED: 6a,g s City Administrative Officer City Atto ey Community Development Director llanf ass • RESOLUTION NO. 5993 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL AND AMENDING A USE PERMIT_ FOR A CARWASH AND CONVENIENCE STORE AT 12398 LOS OSOS VALLEY ROAD (U1258) WHEREAS, the Planning Commission and the City Council have held public hearings on this use permit in accordance with the City's Zoning Regulations; and WHEREAS, the item has come to the council upon appeal from the Planning Commission and the council has considered the reports of staff, minutes of the Planning Commission, public testimony, and materials submitted by the applicant; and WHEREAS, the, potential environmental impacts of the project have been evaluated in accordance with the California Environmental Quality Act and the city's Environmental Impact Procedures and Guidelines; and . WHEREAS, the council determines that the Planning Commission's approval of the use permit was not the appropriate action. NOW, THEREFORE, the council resolves to uphold the appeal and amend, the use permit to disallow the proposed carwash with the following findings; 1. By impairing the city's ability to provide adequate water service during prolonged drought, the proposed carwash would be detrimental to the health, safety, or welfare of persons living or working in the city. 2. The proposed carwash constitutes a water - intensive industry and therefore does not comply with the intent of the general plan Land Use Element. 3. Consideration _of _the. nr000sed_ use_, mss': br-& ature__'until the Water Management Conservation Plan is adopted by Council. On motion of Councilman Settle seconded by Councilman Griffin , a d:on the following roll call vote: "AvZS.: Councilmembers Settle, Gr- iffin, Dove.y., Rappa and Mayor Dunin NOES, None ABSENT: None R 5993 Resolution No. 5993 (1986 Series) Use Permit U1258 Page 2 the foregoing resolution was passed and adopted this 17thday of June 1986. a • yor Ron Dunin AT T: C ty Clerk Pamela oges APPROVED: -a Q fy��� City Administrativ Off cer City A rney Community Development. Director n,r q- Pl�car�f 0 a RESOLUTION NO. 5992 (1986 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC. FOR CHAMBER TO CONTINUE TO PERFORM PROMOTIONAL SERVICES ON BEHALF OF THE CITY OF SAN LUIS OBISPO BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and 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: Dave Garth, Executive Manager of the Chamber of Commerce; San Luis Obispo Finance Director; and the President of the Chamber of Commerce.. 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 17th day of June 1986. "MTOR—,—RON DUNIN ATTEST: T CITY CL RK,`_PAMELA VOGE s s s s s s s s s s City Aoginistrati" - offkcer City At Finance Direofor R 5992 EXHIBIT A CONTRACT FOR PROMOTIONAL SERVICES THIS AGREEMENT, dated .July 1, 1986, for reference purposes, is made and entered into by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City," and the CHAMBER OF COMMERCE OF SAN LUIS OBISPO, a non - profit corporation; hereinafter referred to as "Chamber." WHEREAS, City desires to promote its advantages as a tourist and recreational center; and WHEREAS; arranging and obtaining favorable coverage about the community in the various news media likely to be read by potential visitors to the City is an integral part of its promotion as a tourist and recreation center; and WHEREAS, the coordination and development of cultural and recreational events is a necessary adjunct to the proper promotion of the City; and WHEREAS, the Chamber staff is qualified and the office is equipped to carry on such activities on behalf of the City; and WHEREAS, the provisions of the Government Code of the State of California authorize the expenditure of public funds by a' corporation as therein and herein provided; NOW, THEREFORE, in consideration of the premises and.covenants and. promises hereinafter set forth; the parties h'eTeto agree as follows: 1. That the foregoing recitals are true and correct and constitute accurate statements of fact herein. 2. Chamber will maintain an office suitable for the conduct of a promotional program. This office shall be open during normal business office hours to facilitate contact.with news media representatives and to disseminate news releases and promotional information in a_ professional manner to various media. 3. Chamber staff shall include personnel qualified in public relations. Public information shall be available as necessary to the successful implementation of a promotional program. 4. Chamber shall conduct a promotional and publicity program on behalf of City as outlined here below or as may be modified from time to time by mutual agreement between the City and the Chamber. 5. The program conducted by the Chamber shall include, but not be limited to, the following: a. The writing, production, and distribution of news releases, feature stories, photographs and illustrations, radio and television news materials, informational fliers, graphics, and such personal contacts with news media as may be necessary for the general promotion of the City of San Luis Obispo as.a tourist destination. b. In addition to section 5(a), Chamber shall promote local cultural, recreational, and social events which shall include La Fiesta, Mozart Festival, Christmas in the Plaza, Fourth of July in the Plaza, Poly Royal, Sportsmen's Association Wild Game Barbeque, and five (5) other events which shall be specified by the Promotional Coordinating Committee (PCC). C. Maintaining a file of clippings, news releases, artwork, and other promotional material produced by the Chamber on behalf of the City pursuant to this contract which shall be available to the City or its designated agents for use in promotional programs at the sole discretion of the City. d. Representation at meetings of the PCC, and at the direction of the Chairman of the PCC, the meetings of other city commissions and the City Council. e. Maintenance of a liaison with groups and individuals in the community who express an interest in producing information and /or programs which support the promotional activities of the City of San Luis Obispo. In.addition the Chamber staff shall be represented at the Los Angeles Travel Show and one other promotional trip within the state of California to be determined by the Chamber Director. f. The Chamber shall submit a monthly written report of promotional services rendered including copies of press.releases, feature stories, photographs and illustrations,.radio and television news materials, fliers, graphics, and other materials prepared on behalf of the City at each regular meeting of the PCC. Said monthly report shall include an itemized statement regarding Chamber staff hours devoted to the City's promotional program during the preceding month. 6. City shall pay to Chamber the following sums for furnishing said services: a. A base rate of Twenty One Thousand Five Hundred Five Dollars ($21,505.00) per year for office space, staff and expenses, payable in twelve (12) monthly installments of One Thousand Seven Hundred Ninety -Two Dollars and Eight Cents ($1,792.08) each. b. Expenses for programs not to exceed Two Thousand One Hundred Seventy -Six Dollars (2,176.00) shall be payable to Chamber upon prior written approval by the Senior Recreation Supervisor provided that the Senior Recreation Supervisor shall review all said proposed expenditures with the PCC and shall seek their advice on said expenditures whenever said consultation will not cause a delay in a proposed program in excess of two (2) weeks. C. Expenses for postage not to exceed Three Hundred Dollars (300.00) shall be payable to Chamber in twelve (12) monthly installments of Twenty -Five Dollars ($25.00) each, to Cover costs of City requested_ mailing of free literature. a 7. Either party may terminate this agreement at any time by .providing thirty (30) days' written notice of termination to the other party. 8. All notices in connection with this agreement shall be deemed delivered when placed in the first class United States mail in a properly stamped envelope, addressed to the other party at the address shown below. CITY OF SAN LUIS OBISPO City Clerk P.O. Box 8100 San Luis Obispo, CA 93403 -8100 CHAMBER OF COMMERCE OF SAN LUIS OBISPO _.._. Executive Manager.._ 1039 Chorro Street San Luis Obispo, CA 93401 9. Notwithstanding any other representatives, oral or written, between the parties, including any and all agents or representatives thereof, Chamber at all times covered by the terms of this agreement is acting as a free and independent contractor and not as an agent of the City. Any and all supervision and direction by any City official, department or body shall be only that necessary to provide broad general outlines, and Chamber will use its own initiative and discretion in performing the details of work herein. IN WITNESS WHEREOF, the parties hereto have caused this agreement be executed: CITY OF SAN LUIS OBISPO Date: ZO By on unin ATTEST: CU City qlerk Pamela Vo s CHAMBER OF- COMMERCE OF SAN LUIS '661SPO, INC. Date: _ By: P By: �. Executive Manager •¢ Lrn�LtL �1 RESOLUTION NO. 5991 (1986 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC. FOR CHAMBER TO CONTINUE TO PERFORM CERTAIN VISITOR AND TOURIST INFORMATION ACTIVITIES FROM A CHAMBER OPERATED VISITORS' CENTER BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and 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: Dave Garth, Executive Manager of the Chamber of Commerce; San Luis Obispo Finance Director; and the President of the Chamber of Commerce. 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 17th day of June 1986. —:. _M7 is ATTEST• CITY tLERK, PAMELA Ap City Administrative Of ice City Finance Di R 5991 EXHIBIT A CONTRACT FOR VISITOR SERVICES THIS AGREEMENT, dated July 1, 1986, for reference purposes, is made and entered into by and between the CITY OF SAN LUIS OBISPO, a municipal. corporation, hereinafter referred to as "City," and the CHAMBER OF COMMERCE OF SAN LUIS OBISPO, a non - profit corporation, hereinafter referred to as "Chamber." WHEREAS, City desires to continue to promote its advantages as a tourist and recreational center, disseminate visitor information relative thereto, and properly follow up and give consideration to inquiries made from time to time relative to the various activities of City and its possibilities; and WHEREAS, City desires Chamber to continue to perform certain visitor and tourist information services for City which City believes will be of great advantage.and benefit to the City and its citizens, residents; property owners and taxpayers thereof, and will promote the general welfare; and WHEREAS, Chamber is organized for and equipped to carry on such informational activities on behalf of City, and is in a position to accomplish such aims and purposes of City in an efficient and economical manner; and WHEREAS, the provisions of the Government Code of the State of California authorize the expenditure of public funds by a municipal corporation as therein and herein provided; NOW, THEREFORE, in consideration of the premises and covenants and promises hereinafter set forth, the parties hereto hereby agree as follows: 1. That the foregoing recitals are true and correct and constitute accurate statements of fact herein. 2. Chamber will maintain a public office within the City of San Luis Obispo at a location acceptable to the City Council. Chamber will maintain a fully competent staff in this office including a manager with necessary secretarial assistance. The Chamber office will provide information to visitors and to business and professional people. The office will be staffed and open to the public daily during regular office hours seven (7) days per week, excepting legal holidays. Chamber will also maintain telephone services open to the public desiring information, will provide written responses to.inquiries, and will distribute appropriate printed.material. The information program will include distribution of such material to local agencies and businesses for dissemination to their customers and tourists. The Chamber shall also distribute appropriate material to other chambers, tourist agencies, and travel organizations in other communities. Except for material which is furnished to the Chamber by the City, the Chamber shall be permitted to charge reasonable fees for material which it distributes. a. Chamber will employ a manager and other necessary personnel. The manager's qualifications will include training and experience in public relations and public information. b. Chamber will distribute maps and promotional literature about San Luis Obispo and will conduct an.information program including maintaining files on the community's economic data, recreational facilities and events, general business conditions, historic points of interest, and cultural activities. This program will be directed toward visitors and others who have interest in the community. c. Chamber will also maintain a library of literature, business and telephone directories for public use. d. Chamber will assist in attracting conventions and conferences to the City and assist in making arrangements to enhance the visits of such groups. e. In all activities, Chamber shall be a public relations agency disseminating information and creating goodwill and advancing the development of San Luis Obispo and its trading area. Chamber further- more agrees to cooperate in ascertaining the most favorable long -range activities for the community. f. Chamber will carry on such other duties as may be mutually agreed upon by the parties hereto to promote tourism, conferences, conventions, and related business and cultural activities in the community. 3. Notwithstanding any other representations, oral or written, between the parties, including any and all agents or representatives . thereof, Chamber at all times covered by the terms of this agreement is acting as a free and independent contractor, not as an agent.of the City. Any and all supervision and direction by any City official, department or body shall be only that necessary to provide broad general outlines, and Chamber will use its own initiative and discretion in performing the details of work herein. 4. City shall pay Chamber the following sums for the furnishing of said services: a. Commencing July 1, 1986, and continuing for one (1) year, City shall pay Chamber the sum of Twenty -Eight Thousand Eight Hundred Seven Dollars ($28,807.00) per year, payable in monthly installments of Two Thousand Four Hundred Dollars and Fifty -Nine Cents ($2,400.59) for the above services, to be expended in the categories and the amounts specified in the attached budget. 5. City shall have the right to audit the books, records, and accounts of Chamber at any reasonable time from time to time. it s 6. Chamber shall submit a monthly written report of information services rendered including a record of the number of inquiries, office visits, mailings, and other related activities. 7. Either party may terminate this agreement at any time by providing sixty (60) days' written notice of termination to the other party. 8. All notices in connection with this agreement shall be deemed delivered when placed in the first class United States mail in a properly stamped envelope, addressed to the other party at the address shown below: CITY OF SAN LUIS OBISPO City Clerk P.O. Box 8100 San Luis Obispo, CA 93403 -8100 CHAMBER OF COMMERCE OF SAN LUIS OBISPO Executive Manager 1039 Chorro Street San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed: CITY OF SAN LUIS OBISPO sue. V Date: Z�'L By yor o, n ATTEST: Citq Clerk Pamela V ges CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC. Date: By resident By:. IIO_ Executive Manager * enpodi`e secu I RESOLUTION NO. 5990 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SAN LUIS OBISPO SWIM CLUB, INC. FOR USE OF SWIMMING POOL AT SINSHEIMER PARK FROM JULY 1, 1986, THROUGH JUNE 30, 1987. 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 San Luis Obispo Swim Club, Inc. is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish two copies of this resolution and copies of the executed agreement approved by it to: San Luis Obispo Swim Club., Inc., and one copy of resolution and agreement to the City Finance Director, City Director of Recreation. 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 17th day of June 1986. ATTEST: City C erk Pamela voges APP ^VE, City Administrative Of iCer City Attorn ® • grow r on unin R 5990 o EXHIBIT "A" AGREEMENT USE OF MUNICIPAL SWIMMING POOL AT SINSHEIMER PARK THIS AGREEMENT, made and entered into this 17th day of June 1986, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter "City ") and the SAN LUIS OBI_SPO SWIM CLUB, INC., also known as the SAN LUIS OBISPO SEA HAWKS, an educational, non - profit, tax - exempt corporation headquartered in the City of San Luis Obispo (hereinafter, "Club "). WITNESSETH: WHEREAS, City is the owner and operator of the Municipal Swimming Pool located at Sinsheimer Park (hereinafter, "Pool "); and WHEREAS, City desires that all residents of San Luis Obispo with interests in any manner of aquatic activities, including competitive swimming, have the opportunity to make use of Pool; and WHEREAS, Club makes available aquatic training and competitive experience as well as other aquatic activities to all members of the community and has indicated its desire to make Pool its home facility; NOW, THEREFORE, in consideration of the mutual promises, agreements, covenants and conditions herein set forth, City and Club hereby mutually agree and covenant as follows: C C I. City hereby grants to Club the use of Pool for team workouts for the days and hours listed below: A. Monday through Friday - 6:00 -7:30 A.M., 10:30 -11:30 A.M. and 3:00 -6:30 P.M. during the regular school term. B. Saturdays - 8:00 -10:00 A.M. and 3:00 -5:00 P.M. during the regular school term. C. Monday through Friday - 6:00 -9:00 A.M. and 3:30 -6:30 P.M. during non school months. D. Saturdays - 8:00 -10:00 A.M. and 3:00 -5:00 P.M. during non school months. This use is not necessarily exclusive and the Club will share Pool during these hours with non - conflicting groups as scheduled by the Director of Recreation and Parks. Non - conflicting groups are defined as any authorized group activity that does not occupy the same area of pool. The basic use area for Club shall not exceed eight lanes, short.course or two lanes, long course, but may be varied on special occasions by mutual agreement between Director of Recreation and Parks and Club representatives. Lanes assigned to Club may vary during different seasons of the year and the lanes scheduled for Club use during specific season are graphically noted and attached hereto for reference. The first, unmarked lane in the shallow end of the pool and the first, unmarked lane in the deep end of the pool are reserved for Recreation Department lessons and handicapped access. Use of these lanes by Club must have Recreation Department approval. II. CLUB agrees to pay the City use fees as follows: A. A monthly use fee of $205.00 for June, July and August. B. A monthly use fee of $175.00 for September through May. If Club and City agree that Club may use Pool at times in addition to those set out above, the use fee for the additional time shall be $50.00 per month hour, e.g., one hour per day, Monday through Saturday for one month. A quarterly invoice will be mailed to Club from the City Finance Department. III. Term and Renewal: A. The term of this agreement shall be one (1) year, to commence on July 1, 1986. B. This agreement may be renewed on the same terms and conditions on a year -to -year basis upon mutual consent of the parties hereto. IV. City hereby further grants the Club the use of .Pool.to host certain swim meets. Swim meet dates must be submitted to the office of the Recreation and Parks Department a minimum of sixty (60) days prior to the date of the event to accommodate possible rescheduling. Club shall have exclusive.use of pool and pool facilities for scheduled, approved swim meets. Swim.meets shall be held only on Fridays, Saturdays and Sundays; provided that no meet will begin earlier than 4:.30 P.M. on Fridays, 8:00 A.M. on Saturdays and Sundays and end no later than 8:00 P.M. on Sundays. Club agrees that no swim meet set -up or participant warm -up will be allowed prior to the starting times listed above and that all swim meet participants and spectators will remain outside the confines of the S.L.O. Swim Center until such starting time. V. City agrees to provide the additional custodial supplies. required during a swim meet. VI. Club agrees to leave entire pool area and shower /dressing rooms in a clean, safe condition at the culmination of each swim meet. VII. In consideration for the pool time and services during swim meets, Club agrees to pay City according to the following schedule of rates: A. Sanctioned Swim Meets 1. Friday .......... $ 50.00 - Plus loss of revenue from any City program that must be cancelled to allow the meet. 2. Saturday ........ $ 150.00 - Plus loss of revenue from any City program that must be cancelled to allow the meet. 3. Sunday .......... $ 50.00 for meets ending prior to 1:00 P.M. and $ 150.00 for meets ending after 1:00 P.M. - Plus loss of revenue from any City program that must be cancelled to allow the meet. B. Sanctioned Dual, Intersquad meets or time trials: For each day held (usually a one partial day meet or trial) $ 50.00 - Plus loss of revenue from any City program that must be cancelled to allow the meet. C. In addition to the above listed use fees for meets, Club agrees to reimburse City, at the rate of $5.00 per hour per employee, for one (1) city employee during regular sanctioned meets and two (2) city employees during invitational meets, to oversee the welfare of city property during these meets. VIII. City agrees to grant Club the concession rights during-meets mentioned above. In consideration for concession rights, Club agrees that no food sales or food consumption will be allowed on deck and Club agrees to pay City ten percent (10 %) of gross sales of any food or product sold during meets. City retains the right to operate concessions at non -Club sponsored meets. X IX. City hereby grants the Club the right, with no liability to the City for loss or damage, to store at Pool such aquatic paraphernalia that is associated with the Club's program. The storage thereof shall not interfere with normal City operations of other aquatic programs. Storage area shall be approved by the Director of Recreation and Parks. X. Club shall furnish to City evidence of current policy of comprehensive general liability insurance in an amount not less than $1,000,000 which shall name the City as additional insured for those periods of time that Club is conducting its program in the Municipal Pool or at the Pool site. Such insurance shall insure such performance by the Club of the indemnity provision of Section XXI but shall not limit the.liability of the Club to the stated amount of the insurance. The evidence of insurance shall contain an endorsement that the insurance is primary coverage and will not be terminated or altered by the insurer except on 30 days written notice to City. XI. Club agrees to furnish, for its own use, any and all aquatic paraphernalia it deems necessary to conduct a safe training and competitive program.. Such-property, including fixtures that are not an integral part of Pool, shall remain the property of the Club and shall not be used by any other group without the written permission first being granted by the Club. Any equipment provided by the Club to the City on a permanent basis shall be covered by separate agreements. XII. Club agrees to furnish, for its own use, a minimum of one (1) telephone; this telephone to be installed in Club office space and in a location mutually agreed to by Director of Recreation and Parks and Club representative. Telephone shall be listed in local directory under Club's full name. All costs associated with telephone will be borne by Club. XIII. Club shall furnish any and all personnel necessary to conduct its aquatic workouts and swim meets. Personnel may include, but not be limited to, coaches, lifeguards and meet officials. Should Club personnel not be present on deck for a. scheduled workout, those participants wishing to swim will become regular City daily users and subject to the City Safety Personnel on duty. In this instance, Club agrees to reimburse City $1.00 per participant per workout hour. Any person that is responsible for a Club aquatic activity must be a paid or volunteer employee sanctioned by the Club Board of Directors. A list of such sanctioned personnel will be made available to City and kept posted in an obvious location in the office for the City's Aquatic Coordinator. XIV. City will make available to Club, on a space available basis, office space to conduct Club business. The space determined for this use will be mutually agreed to by Director of Recreation and Parks and Club representative. Club will compensate City $ 0.45 per square foot per month for this office area. City will furnish custodial service. Should the area determined as Club office become necessary for City operations, this section (XIV) may be terminated, upon thirty (30) days notice, and have no affect on the remainder of this agreement. Billing for office space will be accomplished through City Finance Department, on a quarterly basis, together with billing for Pool use fees. XV. Club agrees to maintain at all times, during Club's use of Pool, an adequate supply of First Aid materials, including cold pack supplies, to meet the needs of both the workout program and any swim meet activity. XVI. Club retains the right to expand its program to meet the needs of the community as outlined in its corporate articles and bylaws. Any expansion of programs will not change use time or rental rates as 0 described herein except as provided for in Section II of this agreement. XVII. Club shall be responsible for damage to the physical plant and any City owned equipment, excepting normal wear and tear, if the damage occurs during the time Club is using Pool and the damage arises out of and is in connection with Club's use of Pool. XVIII. Club shall notify the City if its tax - exempt and non - profit status should change. XIX. Either party may terminate this agreement without the other party's consent by giving six months written notice.. XX. .Notices under this agreement shall be sent by certified mail, return receipt requested, postage prepaid, addressed as follows: CITY: Office of the City Clerk City of San Luis Obispo P.O.. Box 8100 San Luis Obispo, CA 93403 -8100 CLUB: San Luis Obispo Swim Club, Inc. Board of Directors P.O. Box 142 San Luis Obispo, CA 93406 XXI. Club shall indemnify and save harmless City from all claims, demands and judgments arising out of Club's use or occupancy of the facilities. Club shall not hold City harmless for responsibility for damages or injury arising solely out of City's negligent acts or omissions. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. SIGNATURE PAGE: ATTEST: SAN LUIS OBISPO SWIM CLUB, INC. 1 NAME:�'� J— T SIGNATURE: City Clerk: J21 (h ' P LA VOGES 6 r APPROVED: City Administrative bffil6er /2L.,..; c City Att I ney NAME: �"j,. TITLE:_�r SIGNATURE: CITY OF SAN LUIS OBISPO: MAYOR RON DUNIN Director 6 inance it ctor Recreation and Parks O Z ST - 46, parr SLO SKIM CENTER USER LANE ASSIGNMENT - TIME: -- DAYS, mohdLaU - Fri 0 U DATE(S): yeAr- :r_ound�. KEY dun wb USER NAME: NAME OF RESPONSIBLE PERSON: Print Signature WEST O 2 AST __- SLO SWIM CENTER USER LANE ASSIGNMENT TIME: O;co- 4'C04d+A- DAYS. Adu- ;da, r DATE(S): Ammerr Prow-am .m cowb R Vie 7 x KEY 'REc. S. C. SCtt. USER NAME: NAME OF RESPONSIBLE PERSON: Print Signature WEsT r SLO SWIM CENTER USER LANE ASSIGNMENT TIME: DATE(S): .U. }- KEY o �Ea. S.C. SCtt. USER NAME: NAME OF RESPONSIBLE PERSON: (Print) (Signature) O z O �n SLO SWIM CENTER USER LANE.ASSIGNMENT TIME: 4'•30 -V.30 l� KEY Wei S. C. Sett. USER NAME: NAME OF RESPONSIBLE PERSON: Print Signature �1.� ��� ����� ��j� --� ���� C� ,� ��_ RESOLUTION NO.5989 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR ANIMAL REGULATION SERVICES FOR THE 1986 -87 FISCAL YEAR BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the agreement with the County of San Luis Obispo for animal regulation services for the 1986 -87 fiscal year has been reviewed and is approved. 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 17th day of June , 1986. ATTE CITI CLERK PAMELA V S AP City Administrative fficer City Att r ey R 5989 I) i .. r i - _ I:, .. � _ 1. 1... " � `� n'� r �. C'. � - 1 � ti' ' RESOLUTION NO. 5988 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING APPROPRIATIONS FOR NEW RESERVES FOR THE FISCAL YEAR 1985 -86 BE IT RESOLVED by the Council of the City of San Luis Obispo that Reserves for the Fiscal Year July 1, 1985 through June 30, 1986 are hereby appropri- ated from the General Fund. MISSION PLAZA RESERVE SELF- INSURANCE (LIABILITY) RESERVE TOTAL On the motion of Councilman Settle $ 75,000 300,000 $375,000 , seconded by Councilman Griffin and on the following roll call vote.: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin•- NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of June 1986. MAYOR RON DUNIN -_ ATTEST / CITY C ERK PAMELA VOGES s *sssssssss:sss * *s A o ed: 5 City A%inistrati a Officdf- AV City Finance Dird'ctor Tab C R 5988 RESOLUTION NO 5987 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE APPROPRIATION FOR THE CAPITAL IMPROVEMENT PROGRAM INCLUDING REVENUE SHARING FOR THE 1986 -87 FISCAL YEAR BE IT RESOLVED by the Council of the City of San Luis Obispo that the Capital Improvement Program Appropriation as amended during budget deliberations is hereby adopted for the fiscal year July 1, 1986 through June. 30, 1987. SECTION I: TOTAL APPROPRIATIONS Capital Reinvestment Program $1,675,000 Capital Facilities Plan 3,018,500 New Reserves 410,000 Equipment Replacement 290,700 Total Capital Improvement Appropriation $5,394,200 SECTION II: APPROPRIATION DISTRIBUTION BY SOURCE SECTION III: APPROPRIATION DISTRIBUTION BY PROGRAM Capital Reinvestment Program Flood Control Reinvestment Facilities New Equipment Utilities - Sewer Source Program Plan Reserves Replacement Total General Fund Leisure and Cultural Facilities 94,000 130,000 $1,675,000 $ 130,000 Library Fund Street Funds 818,000 615,000 1,433,000 Revenue Sharing 200,000 200,000 Capital Outlay Fund 479,000 797,000 280,000 1,556,000 Water Fund 20,000 350,000 370,000 Sewer Fund 223,000 223,000 Parking Fund 50,000 50,000 100,000 Grant Funds 296,000 296,000 Use of Reserves 85,000 710,500 290,700 1,086,200 Total $1,675,000 $3,018,500 $410,000 $290,700 $5,394,200 SECTION III: APPROPRIATION DISTRIBUTION BY PROGRAM Capital Reinvestment Program Flood Control $340,000 Streets and Sidewalks 818,000 Utilities - Sewer 278,000 Utilities - Water 20,000 Parking and Transit 50,000 General Government Facilities 75,000 Leisure and Cultural Facilities 94,000 Program Total $1,675,000 Tab B R 5987 Resolution No. 5987 (1986!�Dies) Page 2 �t Capital Facilities Plan Transportation $1,092,000 Utilities - Water 350,000 Parking 50,000 Leisure and Cultural Facilities 720,500 Service and Training Facilities 806,000 Program Total Additions to Reserves General Fund Capital Facilities Reserve 130,000 Capital Outlay Fund Park In -Lieu Reserve 220,000 Capital Planning /Matching Funds 60,000 Program Total Equipment Replacement Total Appropriation On the motion of Councilwoman Dovey seconded by Councilman Settle and on the following roll call vote: r AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of June 1986. ATTEST: p4oyw CITY CLERd PAMELA Apofo%d : Q,e- Q 5 City minis ati five City Attakney Finance DirecHor $3,018,500 $ 410,000 $ 290,700 $5,394,200 Vi+s��s MA OR RON DUNIN Tab B (2) �iha,��e f-,: 1. olu Y i RESOLUTION NO. 5986 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE APPROPRIATIONS FOR THE OPERATING BUDGET FOR THE 1986 -87 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the Opera- ting Budget as amended is hereby adopted and that funds are hereby appropriated by fund and program for the fiscal year July 1, 1986 through June 30, 1987. General 8 Special Revenue Funds General Fund $12,039,743 Library Fund 4,550 Parks and Recreation Fund 1,601,578 Business Improvement Area Fund 101,763 TOTAL $13,747,634 Enterprise Funds Water Fund $ 2,687,650 Sewer Fund 1,152,164 Parking Fund 270,065 Transit Fund 538,733 Golf Course Fund 178,994 TOTAL $ 4,827,606 Trust 8 Agencg Whale Rock Fund $ 384,731 Other Operating Funds Special Assessment Districts .$ 7,725 Total Operating Appropriation $18,967,696 On motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT None the foregoing Resolution was passed and adopted this 17th day of June 1986 ON DUNIN ATTEST: n _ i CITY CLERK PAMELA VOGES �( U* * * * * * * * * * * * * * * * * ** R 5986 Tab A Resolution No. 5986 (1986 Series) Page 2 Approved: Tab A (2.) ������ �a %�`P� — RESOLUTION NO. 5985(1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT FOR CONSULTANT SERVICES TO ASSIST IN THE DEVELOPMENT OF MISSION PLAZA EXTENSION (HIGUERA STREET SIDE) AT 1045 BROAD STREET WHEREAS, the City of San Luis Obispo is committed to expanding and improving the t leisure and recreational opportunities of its citizens and visitors; and WHEREAS, the council has conceptually approved plans leading to the development of an expansion of Mission Plaza along the south side of San Luis Obispo Creek between 3roacl and Nipomo Streets, and WHEREAS, the city has received a proposal for architectural services from Ross Levin MacIntyre Architects pursuant to said plans; and WHEREAS, said architectural firm was selected to prepare schematic plans through a request for proposals, pursuant to purchasing control procedures. NOW, THEREFORE, BE IT RESOLVED that the City Council directs that: SECTION 1. The contract with John R. Ross and Associates, Inc., (dba Ross Levin MacIntyre Architects) an architectural firm is hereby approved, as more particularly described in Exhibits "A ", "B ", and "C" of the staff report of June •17, 1986. SECTION 2. The Mayor is hereby authorized to sign the contract for the city. SECTION 3. Twenty -six thousand ($26,000) Dollars shall be used to fund costs of consultant services. (Project No. 966) 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 R 5985 Resolution No. 5985 (1986 Series) Page 2 the foregoing resolution was passed and adopted this 17th day of June 1986. s��ee or on Dunin ATTEST: v 1 C' y Clerk Pamela 9 APPROVED: Q-,t a City Administrative fice K�. Community Development Director i o CONSULTANT'S SERVICES AGREEMENT EXHIBIT "A" This agreement, made this 17th day of June 1986, by and between the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City "), and JOHN R. ROSS AND ASSOCIATES, INC., dba ROSS LEVIN MACINTYRE ARCHITECTS (hereinafter referred to as "Consultant "). WITNESSETH: WHEREAS, City desires to retain certain services in conjuncton with the planned expansion of Mission Plaza, along the south side of San Luis Obispo Creek between Broad and Nipomo Streets, at 1045 Broad Street. The services being provided by this consultant under this contract are architectural and construction administration services leading to the development of said site; and WHEREAS, City desires to engage Consultant to provide services described in Attachment "B" by reason of its qualifications and experience for performing such services, and Consultant has offered to provide the required services on the terms and in the manner set forth in Exhibits "B" and "C" attached hereto. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: ]. PROJECT COORDINATION a. Citv. The Community Development Director shall be the representative of the city for all purposes under this agreement. The director, or his representative, hereby is Page 2 Consultant's Services Agreement K designated as the Project Manager for the City. He shall supervise the progress and execution of this agreement. be Consultant. Consultant shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for Consultant. Rodney R. Levin, AIA, is hereby designated as the Project Manager for Consultant. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager designee shall be subject to the prior written acceptance and approval of the director. Consultant's Project Team is further described in Exhibit "B" attached hereto and incorporated herein by this reference. The individuals identified and the positions held as described in Exhibit "B" shall_not.be changed except by prior approval of City. 2. DUTIES OF CONSULTANT a. Services to be _furnished. Consultant shall provide all specified services as set forth in Exhibits "B" and "C" attached hereto and incorporated herein by this reference. b. Laws to be observed. Consultant shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this agreement; Consultant's Services Agreement Page 3 (2) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above. (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. C. Release of reports and information. Any reports, information, data., or other material given to, or prepared or assembled by, Consultant under this agreement shall be the property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's Project Manager. O Consultant's Services Agreement Page 4 d. Covies of reports-and information. If City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consultant's direct expense. e. Qualifications of Consultant. Consultant represents that it is qualified to furnish the services described under this agreement. 3. DUTIES OF CITY City agrees to cooperate with consultant and to per -form that work described in Exhibit "B" attached hereto and incorporated by this reference. 4. COMPENSATION The Consultant will perform the work in phases as described in Exhibit "B" for a total fee not to exceed .Twenty -six Thousand Dollars ($26,000), on a time and materials basis. Consultant will bill City as provided for in consultant's fee schedule as described in Exhibit "B" attached hereto. City will pay this within 30 days of receipt. Consultant's Services Agreement Page 5 0 5. TIME FOR COMPLETION OF THE WORK Program scheduling shall follow the attached chart (Exhibit "C") unless revisions to the chart are approved by the City's Project Manager and project's Management Consultant. Time extensions may be allowed for delays caused by City, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the Consultant. 6. TEMPORARY SUSPENSION The Community Development Director shall have the authority to suspend this agreement wholly or in part, for such ,period as he deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this agreement. Consultant will be paid the compensation due and payable to the date of temporary suspension. 7. SUSPENSION: TERMINATION a. Right to suspend or terminate. The city retains the right to terminate this agreement for any reason by notifying Consultant in writing.seven days prior to termination and by paying the compensation due and payable to the date of termination; provided,, however, if this agreement is terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Consultant's Services Agreement Page 6 Consultant services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Consultant and should they fail to agree, then an independent arbitrator is to be appointed and his decision shall be binding upon the parties. b. Return of materials. Upon such termination, Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant, and for which Consultant has received reasonable compensation, or given to Consultant in connection with this agreement. Such materials shall become the permanent property of City. Consultant, however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. 8. INSPECTION. Consultant shall furnish city with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and.intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's inspection and approval. The inspection of such work shall not relieve Consent of any of its obligations to fulfill its agreement as prescribed. Consultants Services Agreement Page 7 9. OWNERSHIP OF MATERIALS All original drawings, plan documents and other materials prepared by or in possession of Consultant pursuant to this agreement shall become the permanent property of the City, and shall.be delivered to the City upon demand. 10. INDEPENDENT JUDGMENT Failure of City to agree with Consultant's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of differences in matters of judgment shall not be construed as a failure on the part of Consultant to meet the requirements of this agreement. 11. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES This agreement is for-the performance of architectural services by the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ other specialists to perform special services as required with prior approval by the City. 12. NOTICES All-notices hereinunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addresses as follows: To City: City Cleric City of San Luis Obispo 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403 -8100 C Consultant's Services Agreement Page 8 To Consultant: Rod R. Levin, AIA Ross Levin MacIntyre Architects 1129 Marsh Street San Luis Obispo, CA 93401 13. INTEREST AF- CONSULTANT Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this agreement; no subcontractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder, Consultant shall at all times be deemed an independent contractor and not an agent or employee of City. 14. INDEMNITY Consultant hereby agrees to indemnify and save harmless City, its officers, agents, and employees of and from: 1. Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of any person or corporation caused by any negligent actor omission of Consultant under this agreement or of Consultant's employees or agents; Consultant's Services Agreement Page 9 0 2. Any and.all damage to or destruction of the property of City, its officers, agents, or employees occupied or used by or in the care, custody, or control of Consultant, or in proximity to the site of'Consultant's work, caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; 3. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Consultant under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful . misconduct of City, its officers, agents, or employees 4. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the sue of any apparatus; appliance, or materials furnished by Consultant under this agreement; and 5. Any and all penalties imposed or damages sought on account of the violation of any law.or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Consultant. Consultant's Services Agreement Page 10 Consultant, at its own costs, expense, and risks, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Consultant. 15. WORKERS_ COMPENSATION Consultant certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self- insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 16. INSURANCE Consultant shall provide proof of comprehensive general liability insurance ($500,000) (including automobile) and professional liability insurance ($250,000) satisfactory to the City. Consultant's services Agreement Page 11 17. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs,.successors, executors, administrators, assigns, and subcontractors of both parties. 18. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach of violation of.the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition_ of this agreement or of any applicable law or ordinance. 19. COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorneys fees expended in connection with such an action from the other- party. 20. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. �i Consultant's Services Agreement Page 12 If Consultant is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Twenty -five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment. Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under his paragraph. If Consultant is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, Consultant shall be found in material breach of the agreement.; Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Two Hundred Fifty Dollars ($250) for each calendar.day during which Consultant is found to have been in such noncompliance as damages for said breach of contract, or both. Consultant's Services Agreement Page 13 21. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Consultant. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant have executed this agreement on the.day and year first above written. pip ITY CLERK PAMELA JOHN R. ROSS & ASSOCIATES, INC. dba.ROSS LEVIN MACINTYRE nur+uTmFrmc By CITY OF SAN LUIS OBISPO By YOR RON DUNIN April 1, 1986 Ross Levi 8, EXHIBIT 'kg" City of San Luis Obispo Community Development Department 990 Palm Street San Luis Obispo, California 93401 Attention: Mr. Jeff Hook Project Manager Re: Mission Plaza Expansion Broad to Nipomo Street Final Design Dear Mr. Hook, MacIntyre Architects JOHN R. ROSS FAIA RODNEY R. LEVIN AIA KENNETH H. MACINTYRE AIA 9p9� kq 4 �v Per your request Ross Levin & �''.ac;n yre Architects proposes to provide full Architectural Services for the above for a x&1ot'8d Fee not ($26,000.00) Twenty Six Thousand Dollars. Architectural Services shall include the following phases of Design & Engineering: Design Development Phase Construction Document Phase Bid - Negotiation Phase Construction Phase to exceed The Architect will be responsible for the furnishing of a Probable Cost of Construction at the end of Design Development Phase and update of same after the Construction Document Phase, all inhouse printing for coordination with consultants and re- views by City Staff and assist the City with Approval Processing. The City of San Luis Obispo will be responsible for: Boundry & Topographical Surveys (Existing Topographical Maps need updating) Soils Investigation Testing of Materials Printing & Distribution of Bid Documents Advertising for Bidding Aquisition of Propery Easements 1129 Marsh Street, San Luis Obispo, California 93401 (805) 543 -1491 �. Ross Lev,',,___.; 8. April 1, 19 96 EXHIBIT Vo City of San Luis Obispo Community Development Department 990 Palm Street San Luis Obispo, California 93401 Attention: Mr. Jeff Hook Project Manager Re: Mission Plaza Expansion Broad to Nipomo Street Final Design Dear Mr. Hook, MacIntyre Architects JOHN R. ROSS FAIA RODNEY R. LEVIN AIA KENNETH H. MACINTYRE AIA JL� 919 % .I to Per your request Ross Levin & "'aCTntyre Architects proposes to provide full Architectural Services for the above for XNt kr&rCc Fee not to exceed ($26,000.00) Twenty Six Thousand Dollars. Architectural Services shall include the following phases of Design & Engineering: Design Development Phase Construction Document Phase Bid - Negotiation Phase Construction Phase The Architect will be responsible for the furnishing of a Probable Cost of Construction at the end of [resign Development Phase and update of same after the Construction Document Phase, all inhouse printing for coordination with consultants and re- views by City Staff and assist the-City with Approval Processina. The City of San Luis Obispo will be responsible for: Boundry & Topographical Surveys (Existing Topographical Maps need updating) Soils Investigation Testing of Materials Printing & Distribution of Bid Documents Advertising for Bidding Aquisition of Propery Easements 1129 Marsh Street, San Luis Obispo, California 93401 (805) 543 -1491 City of San Luis Obispo Attention: Mr. Jeff Hook April 1, 1986 Page 2 Ross Levin & MacIntyre Architects Design Team will consist. of the same Firms used during the Schematic Design Phase. The Principal -In- Charge will be Rodney R. Levin and the Project Architect will be Robert J. Varner. Payments to the Architect will be as outlined: Description of Service % Of Total Fee Design Development Phase (30 %) Construction Document Phase (50 %) Bid Negotiation Phase ( 5 %) Construction Phase. (15 %) Ross Levin & MacIntyre Architects appreciates the opportunity to submit this proposal and looks forward to receiving the Citys Standard Consultant Services Agreement. Jeff, please do not hesitate to call me should you have any questions regarding this letter or require additional informat= ion. Thank you. Yours y, odney Levin A.I.A. RRL:sk Ross Levir 3. MacIntyre Architects JOHN R. ROSS FAIA RODNEY R. LEVIN AIA KENNETH H MACINTYRE AIA TIME SCHEDULE MISSION PLAZA EXPANSION Broad to Nipomo Street June 10, 1986 EXHIBIT "C" Design Development Phase: Estimated Date Weeks Notice to Proceed Architect to Submit Applications for Final Approval by U.S. Corp of Engineers & State . Fish & Game June 18, 1986 Design Development check sets, construction, cost estimates to Project Manager July 9, 1986 3 Submit Final Design to A.R.C. July 9, 1986 . Construction Document Phase: Coordination meeting design team - project manager July 16, 1986 1 Proceed with Final Working Drawings & Specifications ARC Final Approval July 23, 1986 Cost Estimate Final To City July 30, 1986 2 Submit documents to City Building Dept. for Plan Checking July 30, 1986 City Council approval to go to bid. U.S. Corp of Engineers & State Fish & Game approval August 6, 1986 1 Bid - Negotiation Award Phase: To Bid August 13, 1986 1 Advertising for bids, reproduction & distribution Pre-Bid site meeting August 20, 1986 1 Architect to assist City with Document Clarification Plan Check complete August 20, 1986 Receive Bids & Award Contract August V. -1986 2 1129 Marsh Street, San Luis Obispo, Califomia 93401 (805) 543 -1491 City of San Luis Obispo Attention: Mr. Jeff Hook April 1, 1986 Page 2 Ross Levin & MacIntyre Architects Design Team will consist of the same Firms used during the Schematic.Design Phase. The Principal -In- Charge will be Rodney R. Levin and the Project Architect will be Robert J. Varner. Payments to the Architect will be as outlined: Description of Service % Of Total Fee Design Development Phase (30 %) Construction Document Phase (50 %) Bid Negotiation Phase ( 5 %) Construction Phase (15 %) Ross Levin & MacIntyre Architects appreciates the opportunity to submit this proposal and looks forward to receiving the Citys Standard Consultant Services Agreement. Jeff, please do not hesitate to call me should you have any questions regarding this letter or require additional informat- ion. Thank you. Yours y, /odney Levin A.I.A. RRL:sk 0 Ross Levis "7& TIME SCHEDULE MISSION PLAZA EXPANSION Broad to Nipomo Street June 10, 1986 EXHIBIT "C" Design Development Phase: Notice to Proceed Architect to Submit Applications for Final Approval by U.S. Corp of Engineers & State Fish & Game Design Development check sets, construction cost estimates to Project Manager Submit Final Design to A.R.C. Construction Document Phase: Coordination meeting design team - project manager Proceed with Final Working Drawings & Specifications ARC Final Approval Cost Estimate Final To City Submit documents to City Building Dept. for Plan Checking City Council approval to go to bid. U.S. Corp of Engineers & State Fish & Game approval Bid - Negotiation Award Phase: To Bid Advertising for bids, reproduction & distribution Pre-Bid site meeting Architect to assist City with Document Clarification Plan Check complete Receive Bids & Award Contract MacIntyre Architects JOHN R. ROSS FAIA RODNEY R. LEVIN AIA KENNETH H MACINTYRE AIA Estimated Date Weeks June 18, 1986 July 9, 1986 3 July 9, 1986 July 16, 1986 1 July 23, 1986 July 30, 1986 2 July 30, 1986 August 6, 1986 1 August 13, 1986 1 August 20, 1986 1 August 20, 1986 August 27, 1986 2 1129 Marsh Street, San Luis Obispo, California 93401 (805) 543 -1491 Construction Phase: Notice to Proceed Pre- construction meetinq Construction Administration by Architect & Design Team Final Inspection Project Closed Out Process record drawings, guarantees & City ribbon cutting ceremony. Estimated Date Weeks September 17, 1986 3 January 17, 1987 16 February 17, 1987 4 2 RESOLUTION NO. 5984 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND WILLIAM L. BIRD & MARILYN L. BIRD ET AL (TROJAN ENTERPRISES) TO PROVIDE FOR INSTALLATION OF MADONNA ROAD IMPROVEMENTS UNDER CITY CONTRACT 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 William L. Bird et al for construction of Madonna Road improvements adjacent to the Central Coast Plaza 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: Developer, City Engineer, and Director of Finance. On motion of Councilman Settle- ,seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 17th day of CITY June , 1986. PAMELA VOC YOR RON DUNIN R 5984 Resolution No. 5984 (1986 Series) Page 2. APPROVED: (za'- 5 City Administrative ffi A-o� City Atto ey z4l� 417-�, let finance Director Community Development Director City Engineer jk3 /ccp -sr by CENTRAL COAST PLAZA DEVELOPER'S.AGREEMENT This Agreement was made and.entered into this 17th" day of June,- 1986, by and between THE CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, hereinafter re- ferred to as "CITY ", WILLIAM L. BIRD and MARILYN L. BIRD, as individuals, WILLIAM L. BIRD.and MARILYN L. BIRD, DBA CENTRAL COAST PLAZA and SAN LUIS OBISPO BONIFACE AFFILIATES, a California Limited Partnership, hereinafter collectively referred to as "DEVELOPER ". It is the express understanding and intent of the parties that CENTRAL COAST PLAZA (as to a 78.5% interest) and SAN LUIS OBISPO BONIFACE AFFILIATES (as to a 21.5% interest) will be jointly and severally bound by the terms of this Agreement. "CITY" and "DEVELOPER" are jointly referred to hereinafter as the "PARTIES ". RECITALS The Parties enter into and execute this Agreement with knowledge of and reliance on the following,facts: 1. Resolution No. 5735 (1985 Series) granted approval of tentative Tract No. 1268 located at 353 Madonna Road, which established several conditions for construction of the Central Coast Plaza. 2. Condition 4 of Resolution No. 5735 (1985 Series) requires those conditions established by Ordinance No. 1015 (1984 Series) to be conditions of development of this tract. 3. Condition 7 per Resolution No. 5735 (1985 Series) required a con- tribution to the cost of a new traffic signal at Madonna Road and Zozobra Lane, as determined by the City Engineer. 4. Ordinance No. 1015 (1984 Series) imposes several conditions upon De- veloper including, but not limited to: (1) to widen Madonna Road; (2) to modify the existing traffic signal at E1 Mercado and Madonna Road to accommodate the road widening; (3) to provide for under - grounding of utilities on E1 Mercado Road; (4) to construct a lands- caped median within Madonna Road; and (5) to enter into a formal arrangement for participation in the Madonna Road interchange at Highway 101 .(at least 20% of the estimated cost determined by the City Engineer). 5. The City proposes to contract for street widening adjacent to Madonna Plaza, the Post Office property, and the overpass over Highway 101, including undergrounding of overhead utilities pursuant to establish- ment of an Underground District per Ordinance No. 1056 (1986 Series), including that portion adjacent to Developer's property (Central Coast Plaza). STIPULATIONS NOW THEREFORE, in consideration of the mutual and respective covenants and promises set forth herein and subject to all the terms and conditions hereof, the parties agree that: A. TRAFFIC SIGNALS - To satisfy the conditions of development men- tioned above, the Developer agrees to pay the City 50% of the total construction cost plus inspection for the signal at Zozobra and Madonna Road. Payment to be made prior to occupancy of any part of developer's project. The City agrees to install the signal and provide Developer an itemized bill. Developer agrees to pay City $22,750 for his share of existing signal at E1 Mer- cado and Madonna Road. City agrees to modify signal at E1 Mercado and Madonna Road as required by street widening plans prepared by Developer. B. CURB, GUTTER AND SIDEWALK - Developer to install all curb, gutter and sidewalk adjacent to this project at his cost. C. PAVING - Developer agrees to provide base course of A.C. in accordance with City approved plans to a depth of 9" in the widened areas of Madonna Road between El.Mercado and Zozobra. City agrees to bid and install finish course of A.C. on the widened areas of Madonna Road between E1 Mercado and Zozobra in accordance with Developer approved plans providing Developer deposits with City the estimated cost of said improvements prior to award of contract-by City. City agrees to provide Developer an itemized estimate of costs based upon bids. Cost will not exceed the-De- veloper's Contractor's price for the same work. D. MEDIAN ISLAND CONSTRUCTION AND LANDSCAPING - Developer agrees to pay City for cost of installing the raised landscaped median adjacent to his project in accordance with plans prepared by Developer's engi- neer and landscape architect. City agrees to bid and install said improvements providing Developer deposits the estimated cost of work prior to award of City's contract. City agrees to provide Developer with an itemized statement of cost based upon bids upon completion. Developer and City agree, at conclusion of project, that Developer shall receive refund of any overpayment or pay any shortage of costs based upon actual costs. Payment shall be prior to occupancy of structures on Developer's property. E. PARTICIPATION IN MADONNA ROAD INTERCHANGE @ HIGHWAY 101 - Developer will meet his requirement to participate in the Madonna Road inter- change improvements by participation in an acquisition assessment district. F. Developer shall hold harmless and indemnify the City from any and all claims, lawsuits, or losses arising out of this Agreement. ATTEST: CITY LERK PAMELA VOGE APPROVED AS TO /2,7-� City Atto ey APPROVED: Community Development Director City sneer DEVELOPER WILLIAM L. BIRD MARILYN L. BIRD ✓.. ' i. CENTRAL COAST PLAZA By: - I IWO0000, WILLIAM L. I SAN LUIS OBISPO BONIFACE AFFILIATES A CALIFORNIA LIMITED TARTNERSHIP By: WILLIAM L. BIRT GENERAL PARTNER CENTRAL COAST PLAZA DEVELOPER'S AGREEMENT This Agreement was made and entered into this 1.i day of June 1986, by and between THE CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, hereinafter re- ferred to as "CITY ", WILLIAM L. BIRD and MARILYN L. BIRD, as individuals, WILLIAM L: BIRD and MARILYN L. BIRD, DBA CENTRAL COAST PLAZA and SAN LUIS OBISPO BONIFACE AFFILIATES, a California Limited Partnership, hereinafter collectively referred to as "DEVELOPER ". It is the express understanding and intent of the parties that CENTRAL COAST PLAZA (as to a 78.5% interest) and SAN LUIS OBISPO BONIFACE AFFILIATES (as to a 21.5% interest) will be jointly and severally bound by the terms of this Agreement. "CITY" and "DEVELOPER" are jointly referred to hereinafter as the "PARTIES ". RECITALS The Parties enter into and execute this Agreement with knowledge of and reliance on the following facts: 1. .Resolution No. 5735 (1985 Series) granted approval of tentative Tract No. 1268 located at 353 Madonna Road, which established several conditions for construction of the Central Coast Plaza. 2.. Condition 4 of Resolution No. 5735 (1985 Series) requires those conditions established by Ordinance No. 1015 (1984 Series) to be conditions of development of this tract. 3. Condition 7 per Resolution No. 5735 (1985 Series) required a.con- tribution to the cost of a new traffic signal.at Madonna Road and Zozobra Lane, as determined by the City Engineer. 4. Ordinance No. 1015 (1984 Series) imposes several conditions upon De- veloper including, but not limited to: (1) to widen Madonna Road; (2) to modify the existing traffic signal at E1 Mercado and Madonna Road to accommodate the road widening; (3) to provide.for under - grounding of utilities on E1 Mercado Road; (4) to construct a lands- caped median within Madonna Road; and (5) to enter into a formal arrangement for participation in the Madonna Road interchange at Highway 101 (at least 20% of the estimated cost determined by the City Engineer). 5. The City proposes to contract for street widening adjacent to Madonna Plaza, the Post Office property, and the overpass over Highway 101, including undergrounding of overhead utilities pursuant to establish- ment of an Underground District per Ordinance No. 1056 (1986 Series), including that portion adjacent to Developer's property (Central Coast Plaza). STIPULATIONS NOW THEREFORE, in consideration of the mutual and respective covenants and promises set forth herein and subject to all the terms and conditions hereof, the parties agree that: A. TRAFFIC SIGNALS - To satisfy the conditions of development men- tioned above, the Developer agrees to pay the City 50% of the total construction cost plus inspection for the signal at Zozobra and Madonna Road. Payment to be made prior to occupancy of any part of developer's project. The City agrees to install the signal and provide Developer an itemized bill. Developer agrees to pay City $22,750 for his share of existing signal at E1 Mer- cado and Madonna Road. City agrees to modify signal at E1 Mercado and Madonna Road as required by street widening plans prepared by Developer. B. CURB, GUTTER AND SIDEWALK - Developer to install all curb, gutter and sidewalk adjacent to this project at his cost. C.. PAVING - Developer agrees to provide base course of A.C. in accordance with City approved plans to a depth of 9" in the widened areas of Madonna Road between E1 Mercado and Zozobra. City agrees to bid and install finish course of A.C. on the widened areas of Madonna Road between E1 Mercado and Zozobra in accordance with Developer approved plans providing Developer deposits with City the estimated cost of said improvements prior to award of contract by City. City agrees to provide Developer an itemized estimate of costs based upon bids. Cost will not exceed the De- veloper's Contractor's price for the same work. D. MEDIAN ISLAND CONSTRUCTION AND LANDSCAPING - Developer agrees to pay City for cost of installing the raised landscaped median adjacent to his project in accordance with plans prepared by Developer's engi- neer and landscape architect. City agrees to bid and install said improvements providing Developer deposits the estimated cost of work prior to award of City's contract. City agrees to provide Developer with an itemized statement of cost.based upon bids upon completion. Developer and City agree, at conclusion of project, that Developer shall receive refund of any overpayment or pay any shortage of costs based upon actual costs. Payment shall be prior to occupancy of structures on Developer's property. E. PARTICIPATION IN MADONNA ROAD INTERCHANGE @ HIGHWAY 101 - Developer will meet his requirement to participate in the Madonna Road inter- change improvements by participation in an acquisition assessment district. F. Developer shall hold harmless and indemnify the City from any and all claims, lawsuits, or losses arising out of this Agreement. ATTES . CITt CLERK PAMELA V 6 ES APPROVED AS TO FORM City A torney APPROVED: Community Development Director City 53ineer - - y rI 9��••� • 1 DEVELOPER WILLIAM L. BIRD MARILYN L. BIRD CENTRAL COAST PLAZA By: WILLIAM L. BIRDOr SAN LUIS OBISPO BONIFACE AFFILIATES A CALIFORNIA LIMITED PARTNERSHIP By: e: WILLIAM L. BIRD GENERAL PARTNER e RESOLUTION NO. 5983 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN.LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 1313 - UNIT I FOOTHILL PROPERTIES, SUBDIVIDER WHEREAS, the City Council made certain findings concerning Tract 1313, Unit I, as contained in Resolution No. 5765 (1985 Series), and WHEREAS, all conditions required per Resolution No. 5765 (1985 Series) have been met or bonded for, NOW THEREFORE HE IT RESOLVED that final approval.is hereby granted for Tract 1313, Unit I, and dedications for street right -of -way from Peter C. Curry and waterline easement from San Luis Obispo Coastal Unified School District are accepted. On motion of Councilman Settle by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of June , 1986. ATTEST: CITY CAERK PAMELA VOGES .rA...y ■R MAYOR RON DUNIN R 5983 Resolution No. 5983 (1986 Series) Page Two. APPROVED: raw City Xdmini rati e 0 icer Community Development Director ,)C" / /City Engineer jk3 /t1313fin by RESOLUTION NO. 5765 (1985 Series) �. ✓u�.C; lr A RESOLUTION OF THE ODUNCIL OF THE QTY OF SAN LU9 ,- '1BISPO I GRANTING APPRovAL OF TENTATIVE TRACT N0. 1313 (FOGMII;1:7- ANNEKATION /LA MANC A PROPERTIES) LOCATED AT 102 FDOMILL MULEVAR i BE IT RESOIVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council; after consideration of the tentative map of Tract 1313 and the Planning Ccamission's reccm- endati.ons, staff recommendations and reports thereon, makes the following findings: 1. The project's negative declaration affirmed by the City Council, and subsequent initial studies prepared for project changes have been considered. It has been determined that environmental studies adequately address project changes and appropriate mitigation measures have been incorporated into the project design. Furthenmre the canmission determines that circumstances in effect at the time of approving the development plan have not substantially changed, and that pursuant to section 15163 of state and city environmental guidelines; the project will not have a significant adverse impact on the environment provided that the reccmm�errled mitigation measures are included. 2. The tentative map is consistent with the general plan. 3. The nap substantially conforms with the approved preliminary development plan and subsequent amendment including exceptions to subdivision design standards. 4. The site is physically suitable for the proposed type of development. 5. The site is physically suitable for the proposed density of development. 6. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 7. The design of the subdivision and the type of improvements are not likely to cause public health problems. 8. The design of the subdivision and type of improvements will not conflict with the easements for access through or use of property within the Proposed subdivision. Section 2. 2EMtions. That the approval of the tentative map for Tract 1313 shall be subject to the following exceptions: L. The length of Ridgeview Drive cal -de -sac is 700 feet where 600 feet is normally allowed. i I R 5765 i I Resolution No. 5765 (1985 Series) Tract 1313 (Foothill Annexation /ta Mancha Properties) Page 2 2. Waiver of sidewalk on one side only is allowed for Ridgeview Drive and Ridgeview Court. Cul -de -sac turnarounds shall maintain a mininm 4 -foot wide integral sidewalk: 3. Sidewalk bulb-outs are allowed at mid -block and bridge culvert locations, subject to the final design details being approved by the Community Development Director and City Engineer. SECTION 3. Conditions. That the approval of the tentative map for Tract 1313 be subject to the following conditions: 1. All streets shall be. dedicated to the city. 2 Ridgeview Drive and Cerro Ranauldo extended shall be constructed to Hillside.residential street standards with 50 foot and 48-foot rights -of -way; respectively. 3. Ridgeview Court shall be r -- - - - ena 'La Lana Court . �. All other street mires shall be subject to approval of the Cg _ y evelopment Department, -4. La Lana Court and Cerro Court shall be constructed to provide for a 46 foot right -of- way. Cul -de -sac turnarounds shall have a mini-mum turnaround radius of 34 feet to curb, 38 feet to property line. 5. Ridgeview Drive Cul-de-sac turnaround shall have a radius of 42 feet to curb and 48 feet to property line. 6. Cerro Romauldo shall be extended from its west end (just west of Rosita Street) to the proposed Ridgeview Drive with phase I of the subdivision. 7. Street crossings at drainage easements on La Lana Court and Ridgeview Drive . shall provide a minimum of two 12 -foot travel lanes; a.6 -foot sidewalk on one side of the street, and the remaining right -of -way landscaped by subdivider. S. Subdivider shall provide full street improvements along north side of Foothill Boulevard frontage of tract; including dedication of necessary right-of =way, curb; gutter; pavement; street trees, drainage facilities; and grading for future sidewalk. Sidewalk installation shall be deferred on lots 2 through 4 until required by the City Engineer-, Adjacent property owners shall be responsible for installing sidewalk to city standards upon 90 day notice by the City Engineer. Said requirement shall be a covenant recorded with deeds o$ affected lots. 9. Subdivider shall purchase the necessary right- Of- way'off -site at 100 Foothill Boulevard per the city adepted plan line (Assessor's Parcel Number 52- 351 -42) to the approval of City Engineer. • Resolution No. 5765 (1985 Series) Tract 1313 (Foothill Annexation /La Mancha Properties) Page 3' 10. Subdivider shall extend an 8-inch water line from Ridgeview Drive to Highland Drive. 11. Subdivider shall extend sewer and water lines (8 -inch) in Cerro Romauldo from the tract boundary to Patricia Drive. 12. Subdivider shall extend an 8-inch water line from Ridgeview Court to Foothill Boulevard. ` r•13. The 8" sewer line (8 -inch) in Ridgeview Court shall be extended to city lift station across. Foothill Boulevard. 14. Utilities not in rights -of -way shall be served by all- weather dust -free accessways and in public easements to the satisfaction of the Public. Works Department. 15. A]- utilities_ shall- be- undergrounded ;._sized »�- iwtalled as determined by (—the city utilities engineer and Fire Department 16. Subdivider shall contribute toward repair or replacement of Foothill sewer lift station to the approval of the Public Works Director. 17. Subdivider shall dedicate and improve easements for major drainage courses in tract for maintenance; open space, and flood control. All drainage ways shall be improved to meet city design criteria and shall be designed to minimize disturbance to natural topography. All graded.areas shall receive erosion protection measures to the approval of the Ccmmani.ty Development Director. 18. Subdivider shall acquire the necessary off -site drainage easements as required by the City Engineer. 19. Subdivider shall contribute toward improvement of downstream storm drainage facilities to the approval of the City Engineer. '20. No drainage shall be diverted from one drainage basin to another. 2i. No modification to or filling of existing natural drainage courses outside of the public right -of -way. :'22. A hydrology study shall be submitted with the final tract map. C-) 0 Resolution No. 5765 (1985 Series) Tract 1313 (Foothill Annexatio*n/La Mancha Properties) Page 4 0 23. A soils and geologya6port shall be required. Grading plan shall be approved by a soils engineer or geologist. 24. Final piap shall note that lots 1 through 24 shall not be padded. Final map shall note that grading shall be limited to streets, driveways and building foundations. Minor grading for decks, . yards, and patios may be approved by the Community Development Director. 25. Perpetual open space easement for ten (10) acres over lots 14 13- and # # 15' I 17- I shall be granted to the city subject to the approval of the, Cz-mainity Development Director and City Attorney. The open space easement will be to maintain the area in its natural open space character. The easement. shall run with the land and provide the following limitations on land use or alterations: a. No structures will be placed or erected on said premises without the prior approval of the City douncil. b. Fencing appropriate to open space preservation shall b - e approved by the Community Development Director. Solid fencing shall not be allowed. -- C. NO advertising of any kind or nature shall be located on or within said premises. d. owner shall not plant,* nor permit to be planted, . any vegetation upon said open space area except for erosion control, fire protection and soil stablization or as allowed and approved by the Conmunity Develcprwnt Director. e. The general topography of the area shall be preserved in its natural or existing condition. No grading shall be allowed except as permitted by the Cormunity Developement Director for agricultural purposesi f. No extraction of natural resources except for water. g. No ren-oval of natural.vegetation except for fire protection or elimination of diseased growth- as approved by the Community Development Director. 26. Subdivider shall install a 20-foot wide landscaped and irrigated street yard and fencing along Foothill Boulevard frontage of lot's 2. 31 4 and 41. Landscape Plans shall be submitted by the subdivider prior to final map approval. Said plans shall be prepared by a qualified professional and approved by the Commanity Development Director. 27. Subdivider shall grant a 20-foot wide landscape . easement across lots 2. 31 4# and 41 adjacent to Foothill Boulevard. Improvements in said easement shall be maintained by pr operty owners in perpetuity. This requirement shall be a deed restriction and shall run.with the land. Resolution No. 5765 (1985 Series) Tract 1313 (Foothill Annexation/La Mancha Properties) Page 5 28. Uniform fencing designs including landscaping, shall be provided along tract Perimeter and adjacent to open space easement. Said fence design shall be approved by the Ccnmunity Development Director and shall be installed as approved by property owners. This requirement shall be a deed restriction and shall run with the land. 29. Existing Eucalyptus trees shall remain on site as shown on tentative map and be safety pruned by subdivider to the approval of the City Arborist. Subdivider shall enter into a tree protection agreement and shall past a bond to guarantee -- ' protection of trees and performance of terms of agreement. 30. Final map shall note Lots 1 -17 are considered sensitive sites and shall require Architectural Review and approval prior to development. 31. Subdivider shall pay all costs necessary to acquire dedication of easements and rights -of - way, including city's costs of condemnation proceedings, if necessary to mmply with conditions of tract approval. 32. Subdivision inprove ent plans and final map shall note building envelope lines on Lots 1 -17 designating location and area of building construction; to the approval of the Community Development Director. 33. Drainage from lots 3, 4 and 5 shall be collected and conveyed to Foothill Boulevard to the approval of the City Engineer. On rrot on of Councilman= Settlg seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, and Mayor Billig NOES: Councilmembers Dovey and Griffin ABSENT: None the foregoing resolution was passed and adopted this 6th day of August l^r f A G R E E M E N T THIS AGREEMENT dated this 17th day of June _ by and 4" between FOOTHILL PROPERTIES, A GENERAL PARTNERSHIF; 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 showIr on .final map of Tract 1313 (Unit 1), City of San Luis Obispo, California, as approved by the City Council, on the 17th day of June , 198.6 . WHEREAS,the Subdivider desires that said Tract 1313 (Unit 1) 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 dies 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 1. CURBS, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER MAINS and SEWER MAINS, including sever 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 eighteen (18) 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 nod- operate to release the surety on the Improvement E 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. The Subdivider does also agree to comply with the following.conditions established by the Planning Commission and /or the City Council: 1. The Subdivider.shall deposit a monumentat_ion bond of $3,500.00 to cover-the installation of survey monuments in accordance with..the approved map and payment for same. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating they have completed the work and have been paid. 2. The Subdivider shall pay water acreage fees of $7,898.48 (6.81 AC x $1160/AC). 3. The Subdivider shall pay a contribution to replacement of the Foothill sewer in the amount of $1,400.00 per Condition 16 of Resolution 5765 (1985 Series). 4. The Subdivider shall pay a park -in -lieu fee of $24,761.18 5. The Subdivider shall be responsible for landscaping the Foothill Blvd. parkway, according to the conditions of approval and shall be responsible for maintenance for one year after acceptance of work as complete. 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 The Subdivider hereby attaches hereto, and as an integral part hereof, and as security for the performance of this agreement, (instrument of credit /berert) 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 /be*) is in the amount of seven hundred fifty thousand dollars $750,000.00 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. 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 $16,250.00, (in addition to the $6,000 previously deposited in conjunction with an early grading permit), 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 $22,250.00, 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. 5 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: SUBDIVIDER: FOOTHILL PROPERTIES, A GENERAL PARTNERSHIP, BY: S. E. BELL INC., A CALIFORNIA CITY OF SAN LUIS OBISPO CORPORATION MAYOCRON N Stanley (President & Secretary) Approved as to form: City At rney L City ngineer JK3 /Agr -Form 6 RESOLUTION NO.5982 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A REVISED HOUSING ELEMENT OF THE GENERAL PLAN WHEREAS, the Planning Commission and the City Council have held public hearings on a revised Housing Element in accordance with the California Government Code; and WHEREAS, the council has considered the recommendations of the Planning Commission, the City Housing Authority, and staff, public testimony, and comments from the California Department of Housing and Community Development; and WHEREAS, the council has considered the initial study of environmental impact; NOW, THEREFORE, the Council of the City of San Luis Obispo resolves: 1. A negative declaration of environmental impact is approved. 2. The Housing Element adopted and most recently amended in 1979 is rescinded. 3. The revised Housing Element, the full text of which is on file in the Office of the City Clerk, is adopted. 4. The Community Development Department shall publish and make available to the public the adopted Housing Element and shall provide copies to members of the council, city commissions, appropriate members of city.government, and"the California Department of Housing and Community Development. On motion;; of Councilwoman, Rappa second6d by councilman Settle , and on the followirig=roii call vote: AYES: Councilmembers Rappa, Settle, Griffin and Mayor Dunin NOES:. None ABSENT:-' Councilwoman Db "vey R 5982 Resolution No. 5982 (1986 Series) Page 2 the foregoing resolution was passed and adopted this loth day of June t 1986. Mayor Ron Dunin ATTES . Cit Clerk Pamela Vog APPROVED: City Administrate a Of icer City At rney Co unity Development Director bass • -, �i /� RESOLUTION NO. 5981 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL AND DENYING A USE PERMIT FOR TWELVE ADULT MENTAL HEALTH CLIENTS AT 649 PISMO STREET (U1259) WHEREAS, the Planning Commission and the City Council have held public hearings on this use permit in accordance with the City's Zoning Regulations; and WHEREAS, the item has come to the council upon appeal from the Planning Commission and the council has considered the reports of staff, minutes of the Planning Commission, public testimony, and materials submitted by applicant and appellant. WHEREAS, the council determines that the Planning Commission's approval of the use permit was not the appropriate action. NOW, THEREFORE, the council resolves to uphold the appeal and deny the use permit with the following findings Operation of the proposed facility would be detrimental to the safety of persons living or working in the city. 2. The proposed facility would be incompatible with the predominantly single4amily residential character of the surrounding properties. 3. The dwelling and site are not suitable for the proposed occupancy of 14 individuals due to building size and parking limitations. On motion of Councilman Settle . seconded by Councilwoman Raona , and on the following roll call vote: AYES: Councilmembers Settle, Rappa and Mayor Dunin NOES: Councilman Griffin ABSENT: Councilwoman Dovey the foregoing resolution was passed and adopted this 2nd day of June , 1986. _W .. no - m Ilayor Ron Dunin AT , , i b, A Ci Clerk Pamela oges R 5981 Resolution No. 5981 (1986 Series) Use Permit U1258 Page 2 APPROVED: (C-0 a 4x,-a�/ City Administrativ Of cei L City Attorney „) y 6 Community Development Director A 1 /a 74- �o�s r RESOLUTION N0. 5980 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REJECTING BIDS AND AUTHORIZING THE CITY ADMINISTRATIVE OFFICER TO REBID AND AWARD SEWERLINE IMPROVEMENT PROJECT SPRR - SANTA ROSA TO HENRY WHEREAS, the City Council received bids for the Sewerline Improvement Project, SPRR - Santa Rosa to Henry; and WHEREAS, the bids received exceeded the engineer's estimate; and NOW, THEREFORE BE IT RESOLVED, the City Council for the City of San Luis Obispo: 1. Rejects all bids for the Sewerline Improvement Project, SPRR - Santa Rosa to Henry; and 2. Authorize the City Administrative Officer to revise the specifications, rebid and award the project in accordance with the Purchasing Control Procedures, PC- 403 -3. On motion of Councilman Settle , seconded by Councilwoman Rappa _ and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Griffin and Mayor Dunin NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 2nd day of June , 1986. MAYOR RON DUNIN ATTEST: CITIA CLERK PAMELA 0 ES R 5980 .�1 I I Resolution No. 5980 (1986 Series) APPR I , City Administra ve Of ice Aity Engineer Utilities Manager f� %e. � .. .r �... � � �_ 1':31. „y u., %�' :�f l7y�'. �r: �. .. .._�., — its _' I' �., •� —_ -.. ... ;♦���t �, ,\ .. � �. ._ - -. _._ ... ri.li -: � ._ � -_ RESOLUTION NO. 5979 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO EXERCISING THE OPTION TO EXTEND THE TERM OF THE CONTRACT FOR VEHICLE OPERATIONS ON SLO MUNICIPAL TRANSIT WHEREAS, the Council of the City of San Luis Obispo provides municipal transit service; and WHEREAS, with Resolution No. 4809 (1982 Series) the Council of the City of San Luis Obispo awarded the Contract for Vehicle Operations on SLO Municipal Transit to Cal Coast Charter, Inc.; and WHEREAS, in accordance of Section 1, Service, of said contract, the City of San Luis Obispo has the option to extend the contract term. . THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo'as follows: SECTION 1. To extend the Contract for Vehicle Operations on SLO Municipal Transit until June 30, 1992. SECTION 2. To authorize the Transit Manager to write, execute and mail the required contract term extension notification letter to Cal Coast Charter, Inc. SECTION 3. Direct the City Clerk to send said letter and certified copies of this resolution to Cal Coast Charter, Inc. On motion of Councilman Settle , seconded by Councilwoman Rappa , and on the following roll call vote: AYES: Councilmembers Settle, NOES: None ABSENT: Councilwoman Dovey Rappa, Griffin and Mayor Dunin the foregoing Resolution was passed and adopted this 2nd day of .Tuna , 1986. !L1 1" it IV41904 X1.1.0J1u1:1!L•1 R 5979 r ~� Resolution No. 5979 (1986 Series) Page 2. APPROVED: City Administ ative Officer C�l(��sf���'���C'e����'� �i� `_ �,. RESOLUTION NO. 5978 (Series 1986) .A RESOLUTION APPROVING AMENDMENT NO. 1 TO AGREEMENT NO. 64D413 BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF SAN LUIS OBISPO FOR IMPLEMENTATION OF AN UMTA SECTION 18 CAPITAL GRANT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That Amendment No. 1 of Agreement No. 64D413 between the State of California and the City of San Luis Obispo is approved for implementation of an UMTA Section 18 capital grant and the Mayor is authorized to execute the same. 2. The City Clerk shall furnish a copy of this Resolution and the original and five copies of the executed Agreement to: State Department of Transportation P.O. Box 8114 San Luis Obispo, CA 93403 -8114 Attn: Nancy Sanderson R 5978 C) Resolution No. 5978 (1986 Series) Page 2 c� On motion of Councilman Settle , seconded by Councilwoman Rapp;; and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Griffin and Mayor Dunin NOES: None ABSENT: Councilwoman Dovey The foregoing Resolution was passed and adopted this 2nd day of June , 1986. , Iq- Mayor Ron Dunin Cit$ Clerk Pamela sssassssxsas * ** City Administrative 0 fic r ty Finance F-1 C f f � OHIVEY GENERAL .:I AIE OF CALM JRNIA STD. '2 (REV. 2/85) 11115 :1( :RI;I ? \I[;N I', made and entered into this 1 dale of May in tho State ell California. by and between State of California, dirougli its doh, elected or appointed, (IIIJifivd and acting TITLE OF OFFICCR. ACTING FOR STATE I AGENCY ation M I r ;. - ❑ DEP1 •1 ❑ coca: ❑ II. U NUMRF_R i LD. NUtln l:u WITNESSE'I11: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the Stale• hcre•inafter expressed, does.lrereby agree to furnish to the State services and materials, as follows: (Srl ford! .R•rricr to Iw rendered by Can tractor. amount to !A• lair! Contractor, time for per orn(anee or ronildetion, and attach plan.) and specifications, if any. ) Standard Agreement No. 64D413, dated August 19, 1985f, is hereby amended to revise Paragraph 15 of Article II entitled Equipment /Payment to read as follows: 15. The obligations of the State to the Contractor under the terms of this agreement shall terminate upon receipt of Contractor's invoice(s) for said equipment purchase and payment of the grant funds to Contractor. All invoices shall be submitted within one year of the date of equipment acquisition. In no event shall project invoices be submitted after December'30, 1986 unless this date is extended in writing by mutual consent of the parties hereto. The obligations of the Contractor under this agreement shall remain in effect until all Project equipment has been disposed of under the terms of this agreement. All other items of the contract remain unchanged. L SHEETS, EACH BEARING NAME OF CONTRACTOR AN 1'he provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS W IIEREOF, this agreement has been executed by the parties hereto, upon the date first above written- STATE OF CALIFORNIA CONTRACTOR AGENCY - - - - CONTRACTOR (IF OTHER THAN AN INOIWOVAL. STATE WHETHER A CORPORATION. PARTNERSHIP. ETC.) City of San Luis nhispn BY IAUT RarO SIGNATVREI BY (AVT ORIZ IG E) , X X PRINTED NAME OF PERSON SIGNING PR WTED _ E SONSIGN G tes _ Ron Dunin, Mayor TITLE _ ADDRESS - '- P.O. Box 8100 amela Voges, ity C.Ler _ AMOUQIT,i6f1'fjJNjgERED - -- - — PROygA[.•1[�pTEGpgY�tCODE AND TITLE) FUlypeT).rF r�T�_ _ -t1St S �t,Jj(( U��Ut�UJ 11 CCLLlU�11�i�UU (IlliilSLLllIVJ� /�/ ll CC UU :l Department of General Services Use Only UNENCUMBERED BALANCE (OPT NA - A '6 , 413 A/1 ADJ. INCREASING ENCUMBRANCE ITEM2660- 101- 890(b) CHfJyR 1 11 STP�TiJJf, L�jfJ j FISC�} Y�t�jt jSJ! D S ADJ. DECREASING ENCUMBRANCE OBJJfJ fdd X6fU5E ff26 dNddT tEI -(r S L! 4 S 1 3 J L! . r lI r'It'ra/ )it IrluAl 1117 mtl'rt pt'.Amnllr r',1011'rt'df r lrlal INIfIjY'I rlr f lllldA rl rl' T.O.A. NO. nrrnhlldr far Ihr I,r'Nmd nntl portage of ern• ripr•nrri(urr ,rurt•d nlirnr. WUNATURE OF ACCOUNTING OFFICER DATE X / hr /r•hll rrrlifq that a/r mill dihuua far ru'nlplimn art fur /II im S /nfi• .Idrnini.l /rmlirr' 11ru1unl Serlimn 1209 hare IM'1'll rm,llllried It Ilh and thu (Im -'Meet 1.\ I•Tt•nw, lront review by tell' Itrlltl rlllll'lll rI f r'111t111 t'I'. ' SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY DATE X RESOLUTION NO. 5977 (1986 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CITY ADMINISTRATIVE OFFICER TO NEGOTIATE AND EXECUTE A TECHNICAL SERVICES CONTRACT WHEREAS, the City Council is currently reviewing the City's Draft Water Management Plan; and WHEREAS, the City Council is desirous of retention of a technical consultant to develop and analyze a local water resource alternative based on the Nacimiento Reservoir; and WHEREAS, time to develop this study is critical in order to meet the review schedule for the City's Draft Water Management Plan and San Luis Obispo County Flood Control and Water Conservation District's review of their Master Water Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The City Administrative Officer is authorized to select a technical consultant from the proposals received and to negotiate a contract for the development of a local water resource alternative. 2. The City Administrative Officer is authorized to execute and sign a contract with the selected consultant for this work. On motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin and Rappa NOES: Mayor Dunin ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 2nd day of June 1986. ATTEST: CITA CLERK PAMELA VIES R 5977 Resolution No. (1986 Series) Page Two APPROVED: City Administrative dfficeU A �- City At-4 rney � � IIXA--� ::L Utilities Manager D /lwrareso / IWO r. j 1 RESOLUTION NO. 5976 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SAN LUIS OBISPO AREA COORDINATING COUNCIL 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 San LUis Obispo Area Coordinating Council 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: San Luis Obispo Area Coordinating Council, County Government Center, San Luis Obispo, CA 93408 On motion of Councilman Settle seconded by Councilwoman Rappa , and on the following roll call vote: AYES:. Councilmembers Settle, Rappa, Griffin and Mayor Dunin NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 2nd day of June RON DUNIN ATTEST: j V CITY CLERK p LA VOGES R 5976 FY 86/87 JOINT POWERS AGREEMENT SAN LUIS OBISPO AREA COORDINATING COUNC[L THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended on November 4, 1982, and September 19, 1984, by and among such of the incorporated cities of Arroyo Grande, Atas- cadero, E1 Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement., hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section, 6500, et seq., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for .agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto, by virtue of Sections 65600 through 65604, inclusive, of the California Governnent Code have the joint and mutual power to create an area planning commission, herein designated "San Luis Obispo Area Coordinating Council." WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and JOINT POWERS AGREEMENT PAGE. 2 WHEREAS, Section 29532, California Government Code, provides that such a Planning and Coordinating Council shall be designated the Regional Transportation Planning Agency to act in matters of transit and transportation planning; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solutions to common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various governmental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, creation of such an agency and action by it upon certain plans and programs is necessary to comply with requirements of federal and state legislation in order to participate in the allocation and disbursement of state and federal funds which may be desired by COUNTY and CITIES in the implementation of plans and programs which have been approved by their respective governing bodies. NOW, THEREFORE, it is agreed as follows: I. PURPOSE The San Luis Obispo Area Coordinating Council is organized for the permanent establishment of a forum for planning, discussion and study of area -wide problems of mutual interest and concern to COUNTY and to CITIES; for the development of studies and adoption of regional plans; to serve as a regional agency for certain federal and state programs; and for other actions commensurate with the desires of the member governments. JOINT POWERS AGREEMENT PACE. 3 II. NAMF, The official name of the organization hereby created shall be the "San Luis Obispo Area Coordinating Council." III. POWERS The San Luis Obispo Area Coordinating Council hereinafter called "Area Council," is hereby created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to carry out the purposes hereinabove stated and to implement the annual work program approved by COUNTY and CITIES, including the power to contract for goods and services; to provide for employment of necessary personnel, experts and consultants; to accept gifts, loans, grants; and to administer the affairs. of the Area Council hereby created in accordance with this Agreement. Pursuant to Section 6508.1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the Area Council shall not be the debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise provided herein. IV. MEMBERSHIP 1. Membership in the Area Council shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the Countv of San Luis Obispo presently or in the future, are declared eligible for membership in the Area Council. JOINT POWERS AGREEMENT PACE 4 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the Area Council in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to the Area Council shall consist of the five members of the Board of Supervisors of the County of San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. 3. Member agencies may elect to have an alternate member in addition to any official member, but.said alternate shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or alternate, or changes thereto, shall be transmitted in writing to the Executive Director of the Area Council by the appointing city or the county. 5. In addition to the incorporated cities presently a partv to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the Area Council may do so by executing this Agreement without prior approval or ratification of the named J JOINT POWERS AGREEMENT PACE 5 parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. V. OPERATION 1. The powers of the Area Council are advisory to the member agencies which execute this Agreement except for those actions mandated by state or federal law for the processing of applications submitted by any of the member agencies for federal and state grants or funds which require action by the Area Council. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, however, that the recommendations of the Area Council may have the effect of precluding any favorable action by an agency of the state of federal government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by Area Council pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said Area Council, upon approval of such services by the governing bodies hereof, shall likewise he borne by the respective entities. JOINT POWERS AGREEMENT PACE 6 All costs incurred by Area Council performing, functions as the regional transportation agency for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seq., Government Code as provided for therein. 3. Costs of Area Council for each fiscal year which are necessary for the ordinary operation of the Area Council, including but not limited to office space, furniture, supplies and postage; and excepting those functions performed as the regional transportation agency, shall be borne by COUNTY in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the Area Council shall be borne by contributions from the member entities as approved by their governing bodies. Costs of all activities undertaken by Area Council as the Regional Transportation Planning Agency shall be set forth in the budget as part of the annual work program of Area Council and shall be funded from the transportation fund pursuant to applicable state statutes. 4. The annual work program and budget, when adopted shall be the basis for operation of Area Council for the fiscal year. Any deviation from the work program affecting the budget shall be returned to the member agencies for approval. 5. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including two COUNTY representatives. No action shall be effective without the affirmative JOINT POWERS AGREEMENT PAGE. 7 votes of a majority of representatives. However, eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote. The representatives to the Area Council shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of Area Council in an orderly manner. .VI. OFFICERS 1. The officers of the Area Council shall consist of a President and Vice - President elected for a term of one year by a majority vote of member agency representatives to the Area Council. 2. Both the President and Vice- President of Area Council shall be elected at the May meeting (annual meeting). 3. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: a. President 1) Shall preside over all meetings of the Area Council as Chairman. 2) Shall appoint all standing, committees. 3) Shall exercise general supervision over all activities of said Area Council. 4) Shall be an ex- officio member of all committees. 5) Shall execute all contracts and legal documents on behalf of the Area Council. b. Vice - President 1) Shalt serve as Chairman pro - tempor in the absence of the President. JOINT POWERS AGREEMENT PAGE 8 2) Shall give whatever aid necessary to the President in administering of the Area Council. 3) Shall be an ex- officio member of all committees. 5. In the event of a vacancy occurring in the office of either the President or Vice - President upon said officer's death, resignation, removal or his ceasing to be an official representative of a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the Area Council, the officer elected to serve for the balance of the unexpired term. VII. STAFF 1. The Area Council shall appoint an Executive Director to serve at its pleasure, who will perform the following duties and such others as may be assigned by Area Council. a. Prepare and submit the annual work program and budget to the Area Council for its approval and to the parties hereto for ratification. b. Shall keep an accurate account and file of all meetings. C. Shall disburse all funds in accordance with the policies of the County- Treasurer and the County Auditor /Controller and the budget and work program adopted by the Area Council. d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the Area Council on all committees. M 0 . c, JOINT POWERS AGREEMENT PACE 9 f. Shall insure that Area Council renders a written year end report reflecting activities of the preceding fiscal year, said year end report to be distributed to each of the participating member bodies. g. Shall be responsible for directing those employees authorized by the Area Council in the budget. Employees are to be appointed by the Area Council on the recommendation of the Executive Director and to' serve at the pleasure of the Area Council. 2. The Executive Director of the Area Council shall have charge of, handle and have access to, any property of the Area Council. 3. The Executive Director, Treasurer, and Auditor - Controller shall be bonded or self- insured through the county in -lieu of bonds (in accordance with Government Code Section 24156) in the sum of $1000. VIII. MEETINGS 1. Regular meetings of the Area Council shall be held at least six (6) times a year or at more frequent intervals as approved by the Area Council. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of the Area Council. Actual notice of special meetings must be given at least three (3) business days in advance. 3. Meetings shall be open to the public as required by state law. JOINT POWERS AGREEMENT PAGE 10 4. Regular meetings shall be generally held in the first week of January, March, May, July, September and November, or as specified in the annual meeting calendar adopted in May. The May meeting shall be designated the "annual meeting." S. The Executive Director of the Area Council will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of the Area Council or vote on any motion before the Area Council. 7. The meeting agenda shall be prepared by the Executive Director to the Area Council. Agenda material shall be submitted to the Executive Director at least twenty -one (21) calendar days prior to the next regular meeting and distributed to members at least fourteen (14) calendar days prior to the next regular meeting to allow member agencies to advise their .representatives on tentative vote subject to independent judgement of deleiate based on public testimony. Unless authorized by majority vote of the representatives at a regular meeting, only agenda items shall be considered by the Area Council. 8. The Area Council, at the discretion of the President, may memorialize any of its actions by resolution. 9. Robert's Rules of Order or such other rules as the Area Council may adopt will govern all proceedings not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. JOINT POWERS AGREEMENT PAGE 11 11. The Area Council shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all Area Council meetings shall be kept by the Executive Director to the Area Council and shall be submitted to member agencies. IY. COMMITTEES 1. Committees and subcommittees may be established as the Area Council may deem appropriate. 2. Membership on committees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these. aforesaid committees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a committee. Standing committees shall include the Administration Committee, comprised of all managers and administrators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agency planning officials nominated by their respective agencies; the Public Works Committee, comprised of all agency engineering officials nominated by their respective agencies; the Technical Transportation Advisory Committee (TTAC) and the Citizen's Transportation Advisory Committee (CTAC) as per the Memorandum of Understanding between the California Department of Transportation and the Area Council; and the Transit Productivity Committee as required by Section 99224 of the Public Utilities Code. The Area Council may organize such other technical advisory committees as it deems necessary to carry out Area Council functions. JOINT POWERS AGREEMENT PAGE 12 3. No committee shall commit the Area Council on any matter or questions of policy. Such matters or questions can only be decided by the Area Council. 4. All committees shall receive clerical assistance from the Area Council staff for the purpose of maintaining minutes of meetings and other such duties as the Executive Director may direct. The chairman of each committee shall sign the original copy of the minutes indicating his verification of contents. Copies of minutes of all meetings shall be sent to members of the Area Council and the Executive Director. X. FINANCE 1. The Area Council shall have no power to expend funds on any project for which funds have not been budgeted, nor on any item in excess of the budgeted amount without specific approval of two- thirds of the governing bodies of the member agencies including COUNTY. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and he shall have custody of all money of the Area Council from whatever, source received.. It is further understood that the Auditor /Controller of the County of San Luis Obispo is, as such, auditor of the Area Council. XI. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of the Area Council or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come JOINT POWERS AGREEMENT PAGE, 13 before the Area Council, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. 2. Any party to this Agreement may withdraw from the San Luis Obispo Area Coordinating Council and terminate its participation in this agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. 3. A member withdrawing shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to Area Council, provided, however, that Area Council may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the Area Council. If any party hereto fails to pay its contribution, as determined by Area Council, said entity shall be deemed to have voluntarily withdrawn from the Area Council. 4. Area Council may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescision Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of Area Council in proportion to the contributions made. JOINT POWERS AGREEMENT PAGE 14 XII. EFFECTIVITY This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. 06,63 -1 � 1 J JOINT POWERS AGREEMENT PAGE 15 CITY OF ARROYO GRANDE By: Date: Mayor Resolution No. Clerk CITY OF ATASCADERO By: Date: Mayor Clerk CITY OF GROVER CITY Bv: Mayor Clerk CITY OF MORRO BAY Minute Order Date: Resolution No. By: Date: Mayor Resolution No. Clerk CITY OF PASO ROBLES By: Date: Mayor Minute Order Clerk CITY OF PISMO BEACH By: Mayor Date Minute Order Clerk CITY OF SAN LUIS OB.ISPO By: Date: June 2, 1986 Mayor Ro Dunin Resolution No. 5976 JOINT POWERS AGREEMENT PAGE 16 COUNTY OF SAN LUIS OBISPO By: Chairman ms/hf/45/0663 Date: Minute Order Clerk v � J RESOLUTION NO. 5975(1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A NEGATIVE DECLARATION FOR WIDENING HIGUERA STREET WHEREAS, the Council of the City of San Luis Obispo on appeal required an expanded initial study for the widening of Higuera Street from the Cal Trans offices to High. Street, to further address socioeconomic (housing) impacts; and WHEREAS, the Community Development Director has determined that the project will not significantly impact the environment and has approved a negative declaration based on the expanded initial study; and WHEREAS, the council has considered the expanded initial study; NOW, THEREFORE, the council resolves to approve a negative declaration of environmental impact for the subject road widening. On motion of Councilman Settle seconded by Counr; lwom;3n nom. —,and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Griffin and Mayor Dunin NOES: None ABSENT. Councilwoman Dovey the. foregoing resolution was passed and adopted this. 2nd day of T„np 1986. or Ron Dunin AT T: Ci y Clerk Pamela es °. 5975 Resolution No. 5975 (1986 Series) 0 APPROVED: pa: i: �: Q City Administrati Fe Of icer City Att ney Community Development ljirector ,u I C_I NIT Y A �1 1 n A P al 7i gI 1 I 1 O I 1 1 I 1 I 1 I ` I Q 1 � l 1 � r � r r i 11 0 a N IO 2 N Ark �O �DOC Jf N wI derIrX3 1pe 1 \ RESOLUTION NO. 5974 (1986 Series) \ A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 1269 ZACA LANE (KIELY & BEECHAM, SUBDIVIDERS) WHEREAS, The City Council made certain findings concerning Tract 1269 as contained in Resolution No. 5650 (1985 Series); WHEREAS, all conditions required per Resolution No. 5650 (1985 Series), have been met or bonded for, including acquisition of an easement for street and utility purposes from the Eagle's Lodge, NOW, THEREFORE BE IT RESOLVED that final approval is hereby granted for Tract 1269 and the Mayor is authorized to execute the Subdivision Agreement and easement deed acceptance for recording purposes. On motion of Councilman Settle seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Griffin and Mayor Dunin NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 2nd'. day of June , 1986. pill ATTEST: R 5974 Resolution No. 5974 (1986 Series) Page Two. APPROVED: 6: i City 6ffi er City torney Community Development Director City gineer Finance Dir for jk3 /t1269fin by RESOLUTION NO 5650 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1269 LOCATED AT 3700 SOUTH HIGUERA S 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 1269 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. In accordance with state and city environmental review guidelines, an initial study (ER 6-85) has been prepared and a negative declaration was approved by the Community Development Director on February 13, 1985. 2. The tentative map is consistent with the general plan. 3. The site is physically suitable for the proposed type and density of development allowed by the C -S-S zone. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. The design of the subdivision and the type of improvements are not likely to cause public health problems. 6. The design of the subdivision and the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. SECTION 2. conditions. That the approval of the tentative map for Tract 1269 be subject to the following conditions: 1. The new street shall be named, to the approval of the Community Development Department. 2. Lots in the tract shall be addressed according to a plan prepared by the Community Development Department, prior to final map approval. 3. The proposed street shall be constructed to a traffic index of 7. 4. A. The proposed street shall have a uniform width of 44 feet fraL curb to curb. The cul-de -sac curb radius shall be 50 feet and the property - return radius shall be 58 feet. Subdivider shall dedicate a property -return radius at the Higuer__ a Street intersection to the approval of the City Engineer. R 5650 I Resolution No. 5650 Tract 1269 Page 2 (1985 Series) B. Space for turning fire - fighting equipment shall be provided to the approval of the Fire Department. 5. Storm drainage shall be designed to the approval of the City Engineer. Subdivider shall provide a swale and /or berm to carry overflow from the existing storm drain to San Luis Obispo Creek. 6. Water acreage charges as determined by the City Engineer shall be paid prior to recording the final map. 7. A note shall be placed on the final map indicating that sewer lift- station charges shall be paid with the development of the lots. 8. Private drainage easements shall be provided for cross -lot drainage. 9. Subdivider shall provide street lights to City and utility company standards (poles shall be owned by the City). 10. Subdivider shall modify existing utility service to the radio broadcast tower to accormrodate the proposed street. 11. The final map shall include a note indicating that street trees as required by ordinance and as approved by the Public Works Department shall be installed by lot owners as lots are developed. 2 Riparian habitat below the top of the bank shall not be disturbed. 13. Subdivider shall install water - service laterals to each lot for future connection of fire - sprinkler systems. on notion of Councilman Dunin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig LADES: None ABSENT: None Resolution No. 5450 (1985 Series) Tract 1269 Page 3 the foregoing resolution was passed and adopted this 2nd clay of April - 1985. City ' istrative Officer City Atto r Comity Development Director OD w 0 �n �o o. v g a 0 0 A G R E E M E N T THIS AGREEMENT dated this 2nd. day of June, 1986, by and between WILLIAM KIELY, JAMES BEECHUM, ARMEL BEECHUM AND AUDREY FUREY, 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 of Tract 1269, City of San Luis Obispo, California, as approved by the City Council, on the 2nd. day of June 1986 . WHEREAS, the Subdivider desires that said Tract 1269 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: 1 84a 05.19 • • 1.000.00 CH TL 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 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. The Subdivider does also agree to comply with the following conditions established by the Planning Commission and /or the City Council: F/ 1. The Subdivider shall deposit a CASH monumentation bond of $1,000.00 to fi6 cover the installation of survey monuments in accordance with the approved map and payment for same. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating completion and he has been paid. P� 0/6 2. The Subdivider shall pay water acreage fees of $9.674.40 (8.34 AC x $1160/AC) 3. Sewer lift station charges shall be paid as lots are developed, based on 6 4 1- E.F $52.69 per gallon perminute (3 X Acreage X $52.69). 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 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 $144,000.00 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. 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 $7,500.00, from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $7,500.00, the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement.. It is understood and agreed by and between the Parties hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. 5 It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF S N LUIS OBISPO M - ATTEST: , 2- -, �-F U CITY CLERK PAkELfJVOGES Approved as to form: 0 agr -1269 by SUBDIVIDER William Kiely Auar ey r'u"y U J es Beech= 1/ Armrel 8rteNAr� n N 5 Q Q v �$gi ^8r x t � r Ali < esg `ea �g I 133d1S Yd'3n5)IH Y w 1' q.MDN ..... wN>ta xN.n.nn rs.aAf oo.w.a t _. `1 Raa�wn Y w>Ifrfa.nm I `>+ > =.n rf.ftrn >_N .t. I I rfrN „c!, I I T � r F 4 ° Q *• �� � �� >i.iwri I.nXA W I I �`jj � w f u C 6 ` I I4�e� e e x m l J C ti I S at \8; 3 .4!'04 fJ>,nRM I .4'>L Uf g II V L j i lara �f W i C 1JrJ>RM )A'I•'R I ia 8y z g .O f U-j t of x 3 t 'III F C gg �Q ! �'` a I• � �o a S t oo Oa ip 8�s Iz ; w ^i ,; n,N'm> I.00.u.frN II I i i lu.fcffr I.mA.)>N I ` It V}�(yy °�fff�t.w Y tiv 9 A�vOOrfhAie(�` . =k4 y } w"°ia!'k'��ai O Oi `d Z, rows ^e :a'Jw �51`!wi a�i' 9 s lk aa��°.wh i�1I P R SuL All der RESOLUTION NO.5973(1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 1232 (Laguna Hill Park, Subdivider) WHEREAS, the City Council made certain findings concerning Tract 1232 as contained in Resolution No. 5652 (1985 Series), and WHEREAS, all conditions required per Resolution No. 5652 (1985 Series) have been met or bonded for, NOW THEREFORE BE IT RESOLVED that final approval is hereby granted for Tract 1232. On motion of Councilman Settle , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Griffin and Mayor Dunin NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 2nd. day of June , 1986. RON DUNIN ATTEST: CI CLERK PAMELA OjEf R 5973 Resolution No. 5973 (1986 Series) Page Two. APPROVED: Q S City Administrative fice - 4r- City Att ney Community Development Director JK2 /t1232 -sr by A G R E E M E N T THIS AGREEMENT dated this 2nd. o day of June, 1986 by and between LAGUNA HILL PARR, 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 of Tract 1232, City of San Luis Obispo, California, as approved by the City Council, on the 2nd• day of June 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: 1 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 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 $2,200.00 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. 2. The Subdivider_ shall pay water acreage fees of $2,591.00 (2.234 AC x $1160 /AC). 3. The Subdivider shall pay LAGUNA lift station fees of $455.00 (13 Lots x $35 /Lot).. 4. The previous dedication of a park site in Tract 603 fullfilled the park dedication requirement. No park -in -lieu fees are required. 5. The Subdivider shall be responsible for landscaping the common areas, according to the conditions of the approval and approved plans, and shall be responsible for maintenance for one year after acceptance of work as complete, or until taken over by the Homeowner's Association. 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 K] J The Subdivider hereby attaches hereto, and as an integral part hereof, and as security for the performance of this agreement, (instrument of credit /4eadi 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 /) is in the amount of $91,000.00 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. 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 6A157OFCAER"/ ben* in the amount of 50% of the above described subdivision improvements in accordance with State law. Said Subdivider has deposited with the City the sum of $3,000.00, from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $3,000.00, the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. 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. 5 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:LAGUNA HILL PARK, ®� A California Corporation f _ OL.ISDy AYOR DUNIN Harrison Raynier, Prefident ATTEST: �ajk be CITt CLERK PAMELA OGE Approved as to form: City Attorney ff� il City gifieer JK1 /Agr -Form Richard 0. Webster, Secretary [i I� LIE a fl �C. NrIv s u Ip v �A 9 t 1ti x o � � phi s Y 1 (;� t4 W, r �1' P ;t It 'Okk ah k �~h N pf; , 4ito As t� '��•idy i ;a e ixs is 0 E� k till All �J Finance-, / I RESOLUTION NO. 5972 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE DISTRIBUTION OF THE OFFICIAL STATEMENT FOR PROPOSED LEASE REVENUE BOND ISSUE OF APPROXIMATELY $12.000,000 WHEREAS, the requirements of any bond issue include full disclosure of all facts concerning the City and its financial stability; and WHEREAS, the City wishes to market its proposed bonds. THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Rauscher, Pierce, Refsnes, Inc., Underwriters, are hereby authorized to distributethe Official Statement for the proposed lease revenue bonds of the City to all interested parties. On motion of Councilwoman Dovey seconded by Councilman Settle and on the follow roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was adopted this 27thday of May 1986. ATTES CITY LERK PAMELA VOr&S ssssssssssssssssss *sss mat-"-� a Ciiy A inistr ve Ofivicery — City Atto ney Finance Direot r M&T0 (AldelrAh'-7 �Clcblrbl fi J 'i -D 1 ", • 1, ", i -j RESOLUTION NO. 5971 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RANKING RESIDENTIAL PROJECTS ACCORDING TO GROWTH MANAGEMENT STANDARDS AFFECTING PROJECT_ S REVIEWED DURING THE MONTH OF APRIL, 1986 The Council of the City of San Luis Obispo resolves: SECTION 1. Fin in s. 1. 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. Osborne /Neuman Apartments, 2043 Cypress Street (ARC 85 -42; MS 83 -82), Growth Management Score: 13 points. Building permit authorization: 7 units. B. McCapes Condominiums, 480 North Chorro Street (Tract 1119; ARC 82 -32), Growth Management Standards Score: 12 points. Building permit authorization: 12 units. C. Margarita Condominiums, 251 Margarita Avenue (Tract 1210; ARC 84 -29, U1150), Growth Management Standards Score: 12 points. Building permit authorization: 6 units. /Dovey /Settle On motion of Councilwoman seconded by Councilman . 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 20th day of May 1986. Mayor Ron Dunin ATT ST: City C:erk Pamela V es R 5971 i Resolution No. 5971 (1986 Series) Page 2 APPROVED: City Administrative ffi r City At ney Community Development Director J Fj OSS C RESOLUTION NO. 5970 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN EXCEPTION FROM THE GROWTH MANAGEMENT REGULATIONS FOR THE STORNI APARTMENTS AT 566 PACIFIC STREET The Council of the City of San Luis Obispo resolves: SECTION 1. Findings. 1. The proposed project, in conjunction with similar housing projects, is likely to conflict with the long -term objectives of the Growth Management Regulations to assure that population growth is consistent with the maximum growth rates established in the general plan (S.L.O.M.C. Chapter 17.88). SECTION 2._ Action. The request for exception to the Growth Management Regulations for the Storni Apartments (ARC 85 -.138) at 566 Pacific Street is hereby denied. / Dovey Settle On motion of Councilwoman seconded by Councilman/ . 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 20th day of Mav 1986. yor Ron Dunin AT �f CiV Clerk Pamela ges R 5970 r'1 Resolution No. 5970 (1986 Series) Page 2 APPROVED: ao City Administrative Offi er City At rney Community Development Director ASS � ; �.� ,�-� RESOLUTION NO. 5969 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF MAJOR OFFICE DEVELOPMENT PERMIT U1257 INCLUDING A MINOR ENCROACHMENT OF BUILDING AND IMPROVEMENTS BEYOND TECHNICAL TOP OF CREEK BANK FOR THE MARSH STREET PROFESSIONAL OFFICE COMPLEX LOCATED AT 1411 MARSH STREET WHEREAS, the Council of the City of San Luis Obispo, after consideration of the plans for the proposed office development and the Architectural Review Commission's action on the project, staff recommendation and report thereon, makes the following f indings: 1. The design of the proposed office project is physically suited for the site and is consistent with the General Plan and the Goals for Downtown. 2. The project is granted a negative declaration on environmental impact (with mitigation measures specified in Initial Study ER 23 -86). 3. Minor encroachments of portions of Building I and the parking garage beyond the technical top of creek bank (245 foot elevation) do not impact creek flow and site flood control or alter.the natural creek environment. BE IT RESOLVED by the Council of the City of San Luis as follows: SECTION 1. That Major Office Development Permit U1257 for the Marsh Street Professional Office Complex located at 1411 Marsh Street be approved. SECTION 2. That proposed building and improvement encroachments beyond the site's technical top of bank as shown on the architectural plans reviewed by the council are approved. On motion of Mayor Dunin seconded by Councilman Griffin and on the following roll call vote: AYES: Mayor Dunin, Councilmembers Griffin, Dovey and Rappa NOES: Councilman Settle ABSENT: None R 5969 Resolution No. 5969 (1986 Series) Page 2 this resolution was passed and adopted on the 20th day of May 1986. Mayor Ron Dunin ATTEST: Clerk Pamela for ��r�,��r � ,� DS S ,: �`--' r �'�/ O RESOLUTION NO. 5968 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1235 (WILLOW GROVE) LOCATED AT 41O'C' POINSETTIA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:. SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 1235 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the General Plan and with the Specific Plan for Edna - Islay. 2. The design of the tentative map and proposed improvements are consistent with the general plan and specific plan for Edna - Islay.. 3. The site is physically suited for the type and density of development proposed and allowed in R -1 -SP, R -2 -SP, and C /OS -40 -SP zones. 4. The design of the subdivision 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. 5. The design of the subdivision or the type of improvement will not conflict with easements for access through or use of property within the proposed subdivision. 6. The Community Development Director has determined that the subdivision is consistent with the adopted Edna -Islay Specific Plan, and that no further environmental study is necessary. 7. Buildings will be constructed as a part of the tract development, and the buildings themselves will be properly oriented for adequate solar exposure. 8. Exceptions are granted for lots 13 and 15 on Poinsettia Stree to allow streetyards of 15' where 20' is normally required, based on the finding that the average streetyard on the block is at least 15' and no streetyard is less than 10'. SECTION 2. Conditions. That the approval of the tentative map for Tract 1235 be subject to the following conditions: 1. Multiple final maps may be filed. Recordation of any final map for Tract 1235 shall not occur prior to acceptance of the public improvements of phases 1 and 2 of the Edna -Islay Specific Plan. 2. Subdivider shall construct all public improvements shown on the tentative map. Subdivision improvements shall be consistent with standards in the Edna - Islay Specific Plan. R 5968 Resolution No. 5968 (1986 Series) Tract 1235 Page 2 3. New streets shall be named to the approval of the Community Development Department and the Postal Service. Addresses shall be assigned according to a plan prepared by the Community Development Department. 4. If grading or other operations unearth archeological resources, construction activities shall cease. The Community Development Director shall be notified of the extent and location of discovered materials so that they may be recorded by a qualified archeologist. Disposition of artifacts shall comply with state and federal laws. Costs of any archeological work shall be the subdivider's responsibility. 5. The subdivision shall conform to standards defined in the Edna -Islay Specific Plan. 6. Fire sprinklers must be installed in all residences located beyond the 4- minute emergency response time limit. 7. The subdivider shall dedicate to the city for parks purposes, Lot B as shown on the tentative map. 8. The subdivider shall establish covenants, conditions, and restrictions (CC &R's) for the regulation of land use control of nuisances and architectural control. of all buildings and facilities. These CC &R's shall be approved by the Community Development Department and administered by the homeowner's association. 9. The subdivider shall include the following provisions in the CC &R's for the Tract: a. Maintenance of linear parks, railroad buffer areas, and all storm water detention basins shall be by homeowner's association in conformance with the Edna Islay Specific Plan. b. There shall be no change in city - regulated provisions of the CC &R's without prior approval of the Community Development Department. 10. Bike paths shall be shown on improvement plans, to the approval of the Community Development Director. 11. Easements for railroad buffers consistent with the Edna -Islay Specific Plan shall be shown on the final map, to the approval of the Community Development Director. 11 Subdivider must install street trees to city standards, to the approval of the Public Works Department. Any street trees included in the park improvements must be installed as initial subdivision improvements also. 13. Fire hydrants shall be provided as required by the city Fire Marshal. All hydrants shall provide 1500 gallons per minute and be served by loop water lines consistent with the Edna -Islay Specific Plan. Resolution No. 5968 (1986 Series) Tract 1235 Page 3 14. The subdivider shall provide limited improvements for the park on lot B, prior to final acceptance of phase 8 of the Edna -Islay Specific Plan. Phasing of all improvements shall be as outlined in the approved park development phasing schedule attached as Exhibit "A" to this resolution, except that minor deviations from this schedule may be approved by the Community Development Director. Total value of initial improvements to be provided by the developer shall be no less than $200,000. Subdivider shall record a lien against each parcel equal to $750 per unit for park improvements at the time of final map recordation. These liens will become due and payble upon transfer of the dwelling units. 15. Subdivider shall submit for Community Development Director approval a detailed landscape improvement plan for ((1) railroad buffer area; (2) lineal parks; and (3) detention basins. Plan shall be prepared by licensed landscape architect and shall be consistent with concepts and requirements of the Edna -Islay Specific Plan. Plan shall be implemented in phases by the subdivider to the approval of the Community Development Director. 16. Subdivider shall submit to the Community Development Department a written agreement, signed by an authorized representative of the Department of Fish and Game, specifically allowing the proposed realignment of the creek and stating the limitations imposed upon this work. 17. Construction of the railroad underpass along Tank Farm Road shall be complete prior to development of Lot E. 18. The subdivider shall install street furniture and signs for transit systems, to the satisfaction of the Community Development Department and Mass Transit Committee. 19. Access to the railroad, and to the Edna Area from Fuller Road for emergency vehicles, shall be secured prior to final map approval, to the approval of the City Fire Department. 20. Final map shall note access rights to Fuller Road from the Edna Area shall be dedicated to the city by a 1 -foot no- access strip. 21. Subdivider must install standard barricades at the stub street end of Fuller Road to the satisfaction of the Community Development Director and City Engineer. 22. Final map shall note access rights to Tank Farm Road extended shall be dedicated to the city by a 1 -foot no- access strip. Resolution No. 5968 (1986 Series) Tract 1235 Page 4 23. The subdivider shall construct the following to the satisfaction of the City Engineer: a. Surface and subsurface drainage improvements on the site. b. Detention basins. 24. Tank Farm Road and Poinsettia Street culverts shall accommodate a 100 -year storm, to the satisfaction of the City Engineer. 25. Subdivider shall offer for dedication to the city and show on final map: a. Access easements for maintenance of detention basins, to the approval of the City Engineer. Access to the basins shall be paved with eco- block, to the satisfaction of the City Engineer and Community Development Director. b. Drainage easements, in accordance with the Specific Plan, to the satisfaction of the City Engineer. 26. The subdivider shall submit a hydrology study and calculations for the design of the proposed drainage facilities within the tract. 27. Subdivider shall submit a maintenance schedule to be fulfilled by the Homeowners' Association for the detention basins, subject to approval by the City Engineer. The maintenance schedule shall include periodic report to the city of the condition of the detention basins for the life of the basins. The maintenance schedule and reporting procedure shall be approved by the City Engineer. 28. All lots shall be graded in compliance with the Uniform Building Code and Grading Ordinance. Rear yard's of lots 1 - 3 and 10 - 16 of Phase 4 of the specific plan may slope away from the street, provided that: a. Fill banks in the rear yards are limited to.a maximum of 3'. b. Roofs drain to the street. Lots 17 through 24 may drain away from the street, provided that no fill bank exceeds 4' from the natural grade beneath it. 29. Sewer lift station charges shall be paid prior to approval of the final map, to the satisfaction of the City Engineer. 30. Subdivider shall provide plans and bond for the installation of a 12" diameter water main extending from Bullock Lane to the proposed extension of Tank Farm Road or an alternative line approved by the city's Utilities Engineer. This water main shall be installed prior to development of phase 3 of the Edna -Islay Specific Plan, or when 386 units have been constructed within the Edna -Islay Specific Plan area, whichever comes first. Subdivider shall be entitled to reimbursement in accordance with chapter 13.04 of the Municipal Code. Acquisition costs for off -site easements shall be the responsibility of the subdivider. Resolution No. 5968 (1986 Series) Tract 1235 Page 5 31. The sewer main in the Fuller Road stub street westerly from Poinsettia Street shall be deleted. On motion of Councilman Settle seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Counci] members, Settle, Dovey, Griffin, Rappa, and May Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this _20th day of May 1986. Mayor - AT T: ( , _ � V C ty Cleik APPROVED: C" , " City Administrative Of cer City Attokkey Community Development Director �iU "�- i'" � .j h. c Phase 1 (Phase 4 of EISP:- 76 Units Design (Landscape) Earthwork k Open turf 113 Irrigation & Walks & Paths 'j"r IL3s= U^'A. ' 2) Phase 2 (Phase 5 of EISP - 78 units) Design (Landscape) I'Trash Receptacle Sand Curb Playground, incl. Sand 3/4 Walks & Paths 113 Irrigation Forest $ 149300.00 102,630.00 6,525.00 38,908.00 12.000.00 $ 174,363.00 $ 149300.00 2,000.00 5,150.00 28,540.00 36,000.00 38,908.00 23.500.00 $ 1489398.00 E. A. FRENCH PARK PROJECT PHASING Initial Improvements to be provided by developer $ 14,300 102,630 $ 116,930 $ 149300 38,908 $ 53,208 0 I 3 Passive Improve- Active ments to tx, Paid 'Community for thru Park Improvements Assessment of to be paid for $750.00 per from general unit fund 6,525 38 -, 908 12.000 $ 57,433 361000 23,500 $ 59,500 $ -0- 2,000 5,150 28,540 $ 35,690 7R�1 r_ojec:i, ruasluk, i.. Page Two Phase 3 (Phase 6 of LISP - 63 Units) Elec. Engineering $ 29000.00 $ 29000 Irrigation 389908.00 389908 ,P'inking Fountain 1,600.00 - - 11600 aying & Curb 209200.00 - 20,200 - i.�ardcourt and W19"keiball'Equip. 199800.00 - - 199800 Group Picnic Area .Family 179700.00 - - 17,700 Picnic Area 89500.00 - - 89 500 Volleyball Equipment 400.00 - - 400 ii Lighting 129000.00 12.,000 - - ''3/4 Open Turf 199575.00 - 19,575 - ��Shsubs 8,750.00 - 8,750 - $ 149,433.00 $ 52,908 $ 487525 $ 489000 I�Phase 4 (Phase 7 of " mp - 51 Units) Lighting $ 12,000.00 $ 122000 $ - $ _ F nging 39000.00 - - 3,000 Pygouts 2,000.00 - - 29000 ackstop 49000.00 - - 49000 Stairs 19800.00 - - I 800 Horseshoe 19200.00 - - 1,200 Infield 5,700.00 - - 5 700 Bike Rack 600.00 - - 600 Benches 59000.00 - - 5,000 Play Fields 109575.00 - - 109575 Woodland Turf 139050.00 - 139050 - $ 589925.00 $ 129000 $ 13,050 $ 33,875 ehase 5 (Phase 8 of (EISP - 41 Units) Osign (Calm. Bldg.) $ 119400.00 $ 11,400 $ - $ _ !ecreatipn Bldg. 1429729.00 - 589725 849004 $ 154,129.00 $ 11,400 i' $ 589725 $ 84,004 $ 685,248.00 $ 2469446 $ 2379233 $ 201,569 RESOLUTION NO. 5 6 57- (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1264 LOCATED AT 4100 POINSETTIA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findines. That this council, after consideration of the tentative map of Tract 1264 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 and specific plan for Edna - Islay. 2. The site is physically suited for the type and density of development allowed in a R -2 -SP and C %OS -40 -SP zones. I The design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will not conflict with easement for access through (or.use of property within) the proposed subdivision. 5. The Community Development Director has determined that Section 65457 of the Government Code exempts residential projects in specific plan areas from environmental review. Section 2. Conditions. That the approval of the tentative map for Tract 1264 be subject to the following conditions: 1. The subdivider -shall establish covenants, conditions, and restrictions for the regulation of land use control of nuisances and architectural control of all buildings and facilities. These CC &R's shall be approved by the Community Development Director and City Attorney and administered by Willowbrook homeowner's association.. 2. The subdivider shall include the following provisions in the CC &R's for the Tract: a. Enforcement of the CC &R's and professional perpetual maintenance of all common areas, including the detention basin. b. Professional perpetual maintenance of all public rights -of -way adjacent to the tract except ng "lank -Farm Road :(the City shall pay :the.cost -.of water for landscape irrigation withinrrthe Tank Farm Road right —of —way). C. No parking on the site except in approved designated spaces. R 5967: Resolution No.5967 (1986 Series) Tract 1264 Page 2 d. Grant to the City of San Luis Obispo the right to order vehicles parked in unauthorized places to be towed away on a complaint basis. e. No outside storage of boats, campers, motorhomes, and trailers, nor long -term storage of inoperable vehicles. f. No outside storage by individual units except in designated storage areas. g. No change in city- required provisions of CC &R's without prior City Council approval. h. Homeowner's association shall file with the City Clerk the names and addresses of all officers of the homeowner's association within 15 days of any change in membership of the homeowner's association. Said change shall be filed with the City Clerk. L Protection of solar access for all solar collectors. 3. Subdivider shall construct all public improvements shown on the tentative map. 4. Subdivider shall offer for dedication to the city and show on final map: a. An easement for creek preservation. b. A blanket easement for public utilities serving the site. c. Access easements for maintenance of detention basin, to the approval of the City Engineer, provided that access roads shall be unpaved or paved with ecoblock. d. Access and open space easements to the railroad buffers consistent with the Edna -Islay Specific Plan, to the approval of the Community Development Director. 5. Subdivider shall install separate water meters for each unit. 6. On -site drainage systems shall be designed to the approval of the City Engineer and Chief Building Official. 7. All utilities shall be installed underground to the approval of the City Engineer and affected utility companies. 8. On -site sewer shall be private. 9. Bike paths shall be shown on the improvement plans, to the approval of the Community Development Director. Resolution No. 5957 (1986 Series) Tract 1264 Page 3 10. Subdivider shall provide plans and bond for the installation of a 12" diameter water main extending from Bullock Lane to the proposed extension of Tank Farm Road or an alternative line approved by the city's Utilities Engineer. This water main shall be installed prior to development of phase 3 of the Edna -Islay Specific Plan, or when 386 units have been constructed within the Edna -Islay Specific Plan area, whichever comes first. Subdivider shall be entitled to reimbursement in accordance with chapter 13.04 of the Municipal Code. Acquisition costs for off -site easements shall be the responsibility of the subdivider. 11. Subdivider shall submit for Community Development Director approval a detailed landscape improvement plan for (1) railroad buffer area; (2) detention basin; (3) creek areas adjacent to road crossing. Plan shall be prepared by a licensed landscape architect and shall be consistent with the concepts and requirements of the Edna -Islay Specific Plan. Plan shall be implemented in phases to the approval of the Community Development Director. 12. Construction of the railroad underpass along Tank Farm Road shall be complete prior to development of "phase 3" of Tract 1264. 13. The subdivider shall submit a hydrology study and calculations for the design of the proposed drainage facilities within the tract, to the approval of the City Engineer. 14. Any work done in the creek preservation area must be approved by the Community Development Director and the Department of Fish and Game. 15. Final map shall include names for public streets to the approval of the Community Development Director. If named, private street names shall conform with city street naming policy to the approval of the Community Development Director. 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 2Qthday of May 1986. on Dunin AT City Clerk Pamela o es ;�D Resolution No. 5967 (1986 Series) Tract 1264 Page 4 APPROVED: City Administrative OFfficer /Z City Atto ey Community Development Director k�nr� y RESOLUTION NO. 5966 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPOINTING SECURITY PACIFIC NATIONAL BANK AS "TRUSTEE" FOR THE PROPOSED LEASE REVENUE BOND ISSUE OF APPROXIMATELY $12,000,000 IN JULY, 1986 WHEREAS, it is a legal requirement to appoint a Trustee for the proposed bond issue; and WHEREAS, proposals were solicited in accordance with our purchasing ordinance; and WHEREAS, Security Pacific National Bank's proposal will result in the least cost to the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Security Pacific National Bank is appointed Trustee of the City's Lease Revenue Bonds proposed for July, 1986. SECTION 2. The City Administrative Officer is authorized to sign any related agreements. SECTION 3. The City Clerk is directed to send copies of resolution to Security Pacific National Bank; Rauscher, Pierce, Refsnes, Underwriters; and Jones, Hall, Hill & White., Bond Counsel. 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 adopted this 20th of May 1986. s (� # # R 5966 Resolution No. (1986 Series) Page 2 Approved: Cit Administrative Ot1ficezU 1&-sr City At rney Finance Direc V r 0