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HomeMy WebLinkAbout6225-6249r RESOLUTION NO. 6249 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 929 - UNITS 5 & 6 TANK FARM ROAD AND HOLLYHOCK WAY (SANTA LUCIA HILLS, SUBDIVIDER) WHEREAS, the Subdivision improvements for Tract 929 - Units 5 & 6 have been satisfactorily completed, and WHEREAS, the Subdivider has requested acceptance of the public improvements, NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the Subdivision improvements for Tract 929 - Units 5 & 6 are hereby accepted as complete and the public improvements are accepted for maintenance by the City of San Luis Obispo, and the Council authorizes the release of 90% of the Faithful Performance surety and the Labor & Materials surety in accordance with the Subdivision Agreement. On motion of Cnunrilmnn Spfrlp , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th' day of July 1987. MAYOR RON DUNIN ATTEST: L `..J e� CIT CLERK PAM OGES + r � r ■ « a +t R 6249 J Resolution No. 6249 (1987 Series) Page Two. APPROVED: C ty Admi istrative Officer J City Atto ey Community Development Director A .. City Engineer Engineer jk4 /929 -acc by �' ? D a '��ice RESOLUTION NO. 6248 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 929 - UNITS 3 & 4 TANK FARM ROAD AND POINSETTIA (SANTA LUCIA HILLS, SUBDIVIDER) WHEREAS, the Subdivision improvements for Tract 929 - Units 3 & 4 have been satisfactorily completed, and WHEREAS, the Subdivider has requested acceptance of the public improvements, NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the Subdivision improvements for Tract 929 - Units 3 & 4 are hereby accepted as complete and the public improvements are accepted for maintenance by the City of San Luis Obispo, and the Council authorizes the release of 90% of the Faithful Performance surety and the Labor & Materials surety in accordance with the Subdivision Agreement. On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa, and Yayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of July , 1987. MAYOR RON DUNIN ATT CITY LERK PM1 V b ES R 6248 Resolution No. 6248 (1987 Series) Page Two. APPROVED: c Ci Adm'nistrative Officer City Attooey Community Development Director City gineer jk4 /929 -ace by ,J �i,jx�rrce �" Sv��V/L RESOLUTION NO. 6247 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT 1181 (GANN INVESTMENTS, SUBDIVIDER) WHEREAS, the Council made certain findings concerning Tract 1181 as contained in Resolution No. 5624 (1985 Series), and WHEREAS, irrevocable letters of credit in the amounts of $110,000.00 to guarantee faithful performance, and $55,000 to guarantee payment for Labor and Materials in accordance with the subdivision agreement are on file, and WHEREAS, all other conditions of Resolution No. 5624 (1985 Series) have been met and the final map is in substantial conformance with the approved tentative map, NOW THEREFORE BE IT RESOLVED, this Council hereby grants approval of the final map of Tract 1181 and authorizes the Mayor to execute the agreement. On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa, and Mayor Dunin. NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of July 1987. ATTEST: q CITY VLERK PAM V S YOR RON DUNIN R 6247 Resolution No. 6247 (1987 Series) Page Two. APPROVED: ity Ad inistrative Officer City Att ney bj Community Development Director City gineer jk4 /t1181fin by STANDARD SUBDIVISION AGREEMENT THIS AGREEMENT is dated this 7th day of Jul, 1.987 by and between R. WAYNE GANN , herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of .San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown'on final map of Tract 11_81, City of San Luis Obispo, California, as approved by the City Council, on the 7th day of July 11 1987 The Subdivider desires that said Tract 1181 be accepted and approved as a final map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to Nit: 1 J 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 util.ity 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, 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: 1. The Subdivider has deposited a monumentation guarantee of .$250.00 (cash deposit) 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 improve the (common) driveways for the project per the approved plans as well as extension of respective utilities as subdivision improvements. 3. Park -in -lieu fees are not required. Full credit was given by dedication of park in Tract 808. The restoration of lost section corners and retrauement of section lines within the Subdivision shall be in accordance with Division 4, Chapter 15 of the Land Surveyors Act of the Professions and Vocations Code of the State of California, paragraph 8771 et seq. 3 The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instrument of credit or bond is in the amount of $110,000.00, which is 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. Completion of the work shall be deemed to have occurred on the date . 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, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to 4 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 value of the above described subdivision improvements in accordance with State law. Said Subdivider has deposited with the City the sum of $3,300.00 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 $3,300.00, 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 Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. A 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 N LUIS OBISPO SUBDIVIDER VqV09' RON DUNIN R. WAYNE GANN AT TES CIT CLERK PAM 6GES Approved as to form: City Att ey Cit Engineer Agr -1181 by 0 ti t RESOLUTION NO. 6246 • (1987 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AWARDING A CONTRACT FOR GOLF COURSE TEST WELL. CITY PLAN NO. L -18 -L WHEREAS, the City received bids for "Golf Course Test Well ", City Plan No. L -18L, and WHEREAS, the lowest responsive bid was from Miller Drilling Company of Templeton, California in the amount of $44,903.60, and WHEREAS, there is 575,000 in the 1987 -1989 Capital Facilities Plan. NOW, THEREFORE BE IT RESOLVED, the following items: 1. Accept the lowest responsive bid from Miller Drilling Company of Templeton, California. 2. Authorize the Mayor to sign a contract on behalf of the City for the following: PROJECT: Golf Course Test Well ESTIMATE: $49.940.00 BIDDER: Miller Drilling Co Templeton, CA CITY PLAN NO: L -18L FUND NO: 9741 BID AMOUNT: $44,903.60 3. Direct the City Clerk to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilwoman Dovey seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Dovey, Rappa, Griffin, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 30th day of June, 1987. R 6246 t • ATTEST- AA CITY ERK PAMELA VOGES Approved: City Admini rative Officer � yze� Public Works Director 11 Utilities Manager gores /hal #2 pr RESOLUTION NO. 6245 (1987 SERIES) 97•. • • • Y I ••' Mr • Y 1 « • •: -• � • a • � Y71 • • -.• 171 • 171 • Y.1 ••1 ' Y- • M :1 ]I]I Y 1 : • • ' • • •; p Y- • • Y'1 � I• • ]IS. •J r- 71 171 ' 71 � Y 1 M • •' -• WHEREAS, The Public Employees' Retirement law permits the partici- pation of public agencies and their employees in the Public Employees' Retirement System by the execution of a ocntract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amts to said Iaw; and 1 171771• •i - • 11 11 • - 111 1111 �•._ MIT - �•i - • .i - ,• •• •t the adoption by the legislative body of the public agency of a resolution giving notice of its intention to approve and amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21252.01 (2% @ 50 Full formula from 1/2 @ 55 full formula and 2% @ 55 full formula) for local Polices members and Section 20461.6 (Reduction of Benefits) , applicable to Section 20024.2 (One -Year Final Oampensation), for local police members hired on or after the effective date of this amendment to contract. I •' Y 171771 •]7 :1 , 7 71s - . • - ,. ..• • - . •. agency does hereby give notice of intention to approve an amendment to the contract between the said govenung body and the Board of Administrat cn of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as "Exhibit All and by this reference made a part hereof. R 6245 Resolution No. 6245 (1987 Series) Orl motion of Councilwoman Dovey seCMXjed by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Dovey, Rappa, Griffin, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 30th day of June 1987. VIMAYOR RON DUNIN ATIM: V CI'j'y PAM VOG * * * * * * * * * * -VVZ•A�I a City Acbdnistrative Officer City A Personnel Director �0 AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO The-Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, herein- after referred to as Public Agency, having entered into a contract effective July 19 1952, and witnessed June 9, 1952, and as amended effective October 1, 1962, October 3, 1963, October 1, 1974, June 1, 1976, December 1, 19769 December 20, 1978, January 16, 1980, May 1, 19809 July 1, 1980, July 1, 1983 and July 1, 1986, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective July 1, 1986, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after May 1, 1952 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contrac- ting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). of EASE DO NOT SIGN "EXHIBIT ONLY" 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System_: a. CROSSING GUARDS. 5. The fraction of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). 6. The fraction of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full).. 7. The following additional provisions of the Public Employees' Retirement Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: a. Sections 21380 - 21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits). b. Sections 21263; 21263.1 and 21263.3 (Post- Retirement Survivor Allowance) for local safety members only. C. Section 20862.8 (Unused Sick Leave Credit). d. Section 20024.2 (One -Year Final. Compensation) for local . miscellaneous members; for those local fire members hired, prior to July 1, 1986; and for those local police members hired prior to the effective date of this amendment to contract. e. Section 20461.6 (Reduction of Benefits), applied to Section 20024.2 for local fire members hired on or .after July 1, 1986 and for local police members hired on or after the effective date of this amendment to contract. 8. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on June 1, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. PLEASE DO NOT SIGN "EXHIBIT ONLY' 9. Public Agency shall contribute to said Retirement System as follows: a. With respect to local miscellaneous members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 7.361 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to annual change.) (2) 0.100 percent until June 30, 2000 on account of the liability for the 1959 Survivor Program. b. With respect to local safety members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 24.191 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to annual change.) C. A reasonable amount, as fixed by the Board, payable in one in- stallment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount, as fixed by.the Board, payable in one in- stallment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 10. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 11. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effegVive on the BY ®� BY SAN C. LUND Presiding icer .rAlITM EXECUTIVE OFFICER QB NEFIT SERVICES 9 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RE NT SYSTEM CITY COUNCIL OF THE 4 CITY OF SAN LUIS OBIi� PERS - CON -702 (AMENDMENT) (Rev. 9/86) Wi�ss Date 44���� yt3kttest: Clerk day of / /� C (�' �f �j �S . �' C/0 Gr�Gf�C,�� f� ��_ , , , ��� RESOLUTION NO. 6244 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCORPORATING PREVIOUS BUDGET POLICIES INTO THE CITY COUNCIL POLICIES AND PROCEDURES MANUAL BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. To recognize that the following budget policies from the 1985 -87 Financial Plan and Financial Plan Supplement are still valid and effective: a) Sidewalk Installation and Maintenance b) Tree Maintenance (as modified by Council action in June 1987) c) Street Lighting Standards d) Emergency Medical Support (EMT II) e) Notification and Advertising f) Traffic Control Device Guidelines SECTION 2. To direct the City Clerk to incorporate the budget policies listed in Section 1 into the City Council Policies and Procedures manual after deleting the action paragraphs and all other references to specific actions during 1985 -87. On motion of Councilwoman Rappa and on the following roll call vote: . seconded by Councilwoman Dovey AYES: Councilmembers Rappa, Dovey, Griffin, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 30th day of June A CitylClerk Pamela APPROVED: 1987. Mavor Ron Dunin City A ministrative Officer City At rney R 6244 to N C CD IA 7 m 1+ m O m m W 0 0 e+ 0 k W m e+ W oq •C! 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SIG/ !p rr _ T y I='1 S� = , n.. rp Or N r q = mb N r0R- rD oS��o moo Q , 4aay;, = S E°O ; w D rb y ' rD ^off N rD ^ rA 'C 8 m rD rD n = rD O n ti Oi O G M^ Y. O rn f� TA RD 0 A �. �n_A E ^E a 0 ao M _ o PrL ; B. f1lo l< CL vt �� rp rq am y d rD .yy. C rD YC G n mr N D+ :m yG ^ N O y r'�D q A Dr G.O G N= R = y ra co G H ro cm rol E E H �FIL AB ►��_ d d rD r �--' rD r1 N ^ 0 r7 f1 T Ri `G DoL rD a P1 na n O i 0 4 A � �.i1 j�.L E M a H b O n �to N A P/ /6 Al, 0 • G RESOLUTION NO. 6243 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE APPROPRIATION LIMITATION FOR FISCAL YEAR 1987 -1988 WHEREAS. Article XIIIB of the Constitution of the State of California and Section 7900 of the Government Code require each government entity in the state of California to calculate annually an "appropriation limita- tion ", and stipulate the manner in which it is to be calculated, and WHEREAS, the appropriation limitation must be adopted by resolution in a regularly scheduled and advertised meeting of the Council. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the Appropriation Limitation for FY1987 -88 is calculated to be $15,776,834 and is hereby adopted. On motion of Councilman Griffin, seconded by Mayor Dunin , and on the following roll call vote: AYES: Councilman Griffin, Mayor Dunin, and Councilmembers Dovey, Rappa and Settle NOES: None ABSENT: None The ' foregoing Resolution was adopted this 30th day of June 1986. AM e r AYOR RON DUNIN R 6243 G- RESOLUTION NO. 6243 (1987 Series) Page 2 Approved: ty AdmY nistrative Officer City A�orney // Director of Finan RESOLUTION NO. 6242 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN L111S OBISPO APPROPRIATING FUNDS TO THE CAPITAL IMPROVEMENT PROGRAM FOR THE 1987 -88 FISCAL YEAR WHEREAS, the City Administrative Officer recommends a comprehensive Financial Plan for the 1987 -89 Fiscal Years in accordance with accepted budget policies and programs established by the Council which in part provide sufficient reserves to protect the City from unanticipated and nonrecurring expenditures: and WHEREAS. the expenditures recommended by the City Administrative Officer are fully funded based upon Conservative revenue estimates. Current reserves, approved grants, and available proceeds from bonds; and WHEREAS, the Capital Improvement Plan is amended based upon public comment and direction of the City Council after scheduled budget hearings held between April 21 and June 30, 1987: and WHEREAS. the Council will approve recommended projects on a project by project basis based upon the needs of the City, funding source, comprehensive studies, design, cost, and availability of funds. NOW, THEREFORE. be it resolved by the Council of the City of San Luis Obispo that the Capital Improvement Program appropriations, as provided below and recommended in the amended project descriptions or schedules. are hereby adopted for the Fiscal Year July 1, 1987 through June 30, 1988. R 6242 TOTAL APPROPRIATIONS Capital Reinvestment Program Capital Facilities Plan New Reserves Total Capital Improvement Appropriations Total Appropriation by Source Appropriation Distribution by Fund Appropriation Distribution by Program O $ 3,503,000 8,392,500 1,216,464 $13,111.964 (Exhibit 1) (Exhibit 2) (Exhibit 3) On motion of Councilwoman Dovey , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dovey, Griffin and Rappa NOES: Councilman Settle and Mayor Dunin ABSENT: None the foregoing Resolution was passed and adopted this'30thday of June 1987, rs40EJ a d9c MAYOR RON DUNIN ATTEST: Paow� U-7 CITY 6LERK PAM VO S s x s s APPROVED: ity Admi istrative,,Officer City Atto¢bey inance Director C EXHIBIT 1 TOTAL APPROPRIATION BY SOURCE FISCAL YEAR 1987 -88 Capital Reinvestment Program 460,000 Water Fund $540,000 Sewer Fund 309.000 Parking Fund 20.000 Golf Course 25,000 Capital Outlay Fund 714,000 Revenue Sharing Fund 417,000 Revolving Fund 60,000 Street Funds 659,000 Mission Plaza Reserve 36,000 Parks In -Lieu Reserve 116,000 Approved Grant Projects 607.000 Total Capital Reinvestment Outlays $3,503,000 Capital Facilities Plan Water Fund 460,000 Transit Fund 25,000 Library Fund 123,500 Street Fund 689000 Capital Outlay Fund 1,006,000 Facilities Reserve (General Fund) 450,000 Corp Yard Debt Reserve (Capital) 286,000 Parks Master Plan Reserve (Capital) 3,000 Parks In -Lieu Reserve (Recreation) 172,000 Stenner Plant Reserve (Water Fund) 495,000 Approved Grant Projects 103,000 Bond Issue Proceeds (Parking) 4,580.000 Total Capital Facility Outlay $8,392,500 Increase to Reserves $1,216,404 Total Capital Improvement Appropriation $13,111,904 EXHIBIT 2 APPROPRIATION DISTRIBUTION BY FUND FISCAL YEAR 1987 -88 Additional Source CRP CFP Reserves Source Total General Fund 0 450.000 $131.000 $581.000 Parks & Recreation Fund 373.000 275.000 210.000 858.000 Library Fund 0 123,500 46.790 170.290 BIA Fund 0 0 0 0 Street. Funds 1.069.000 689.000 0 1.758.000 Revenue Sharing Fund 417,000 0 0 417,000 Capital Outlay Fund 750,000 1,295,000 730,614 2.775,614 Water Fund 540,000 955.000 95,000 1.590.000 Parking Fund 20,000 4,580,000 0 4,600,000 Sewer Fund 309.000 0 0 309.000 Transit Fund 0 25.000 3.000 28,000 Golf Fund 25.000 0 0 25.000 Totals $3.503,000 $8,392,500 $1,216,404 $13,111,904 EXHIBIT 3 APPROPRIATION DISTRIBUTION BY PROGRAM FISCAL YEAR 1987 -88 FUND CRP CFP Fund Total Public Safety 186.000 40.000 226.000 Public Utilities 849.000 955.000 1.804.000 Transportation 1.449.000 5,469.000 6.918.000 Leisure. Cultural & Social Services 134.000 579,500 713,500 General Government 885,000 1,334,000 2.219,000 Community Development 0 15,000 15,000 Totals $3,503,000 $8,392,500 $11.895.500 Additional Reserves General Fund Capital Facilities Reserve $131.000 Parks & Recreation Fund Park In -Lieu Reserve 210.000 Library Fund Contingency Reserve For Revenues 46,790 Transit Fund Capital Replacement Reserve 3,000 Capital Outlay Fund Contigency For Revenues Reserve 665.614 Mission Plaza Reserve 50.000 Open Space Reserve 15.000 Water Fund Stenner Hydro Plant Reserve 95.000 Reserve Total $1.216.404 Total Appropriation $13,111,904 u RESOLUTION NO.6241 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROPRIATING FUNDS TO THE OPERATING PROGRAM BUDGETS FOR THE 1987 -88 FISCAL YEAR AND APPROVING THE 1987 -89 FINANCIAL PLAN AS AMENDED WHEREAS. the City Administrative Officer recommends a comprehensive Financial Plan for the 1987 -89 Fiscal Years in accordance with accepted budget policies and programs established by the Council which in part provide sufficient reserves to protect the City from unanticipated and nonrecurring expenditures: and WHEREAS, the expenditures recommended by the City Administrative Officer are fully funded based upon conservative revenue estimates and close monitoring of the local economy; and WHEREAS, the Financial Plan is amended based upon public comment and direction of the City Council after scheduled budget hearings held between April 21 and June 30, 1987: and NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo as follows: SECTION I: That the Financial Plan, as amended, for the 1987 -89 Fiscal Years is approved. SECTION II: That the Operating Program Budget, by fund and program, is hereby appropriated for the Fiscal Year July 1, 1987 through June 30. 1988 as follows: APPROPRIATION OF FUNDS General and Special Revenue Funds: General Fund $ 13,050,922 Library Fund 5,000 Parks and Recreation Fund 1,965,003 Business Improvement Area Fund 103,245 TOTAL $ 15,124,170 R 6241 Enterprise Funds: Water Fund $ 3;258,880 Parking Fund Other 289,269 Sewer Fund Funds 1.1.36,809 Transit Fund 423.679 Golf Course Fund 189.619 TOTAL $ 5,298.256 Trust & Agency Funds: 1.136,809 Whale Rock Fund $ 397.563 Other Operating Funds: 7.414 7,414 Special Assessment Districts $ 7,414 Equipment Replacement Fund 550.000 TOTAL 557.414 Total Operating Program Appropriation $21,377.403 APPROPRIATION BY PROGRAM AS DETAILED IN THE 1987 -88 FINANCIAL PLAN Programs Police Protection Fire & Safety Water Services Sewer Services Whale Rock Reservoir Special Assessments Streets & Sidewalks Vehicle Parking Municipal Transit Vehicle & Equipment Maint. General Government Parks & Recreation Municipal Swimming Pool Municipal Golf Course City /County Library Community Promotion Human Relations Community Development Business Improvement Area Equip Replacement Reserve Total Appropriation General & Special Revenue Enterprise Fund Funds 3,794.200 3,031,408 3,258,880 1,136,809 1.177.400 289,269 423.679 191,900 2,480.377 1,833,050 256.300 189,619 5.000 227.000 195.100 1,829,190 103.245 15,124,170 5,298,256 Trust Agency Other Funds Funds Total 3,794.200 3,031,408 3,258,880 1.136,809 397.563 397.563 7.414 7,414 1.177.400 289.269 423.679 191.900 2.480.377 1.833,050 256,300 189.619 5.000 227.000 195.100 1.829,190 103,245 550.000 550,000 397.563 557,414 21,377,403 SUMMARY OF CHANGES - FISCAL YEAR 1987 -88 APPROPRIATIONS ORIGINAL DRAFT SUBMITTED 06/15/87 FOR FINAL ADOPTION ORIGINAL DRAFT OPERATING BUDGET $20.844.773 HRC - Staff ($ 3.000) Fire Department - Staff ($ 14,4.70) NEW TOTAL - OPERATING BUDGET FY 1987 -88 $20,827,403 Equipment Replacement Reserve 550.000 TOTAL OPERATING BUDGET APPROPRIATION FY 1987 -88 $21.377.403 On motion of _Councilman Griffin . seconded by Councilwoman_Dovey and on the following., roll call vote: AYES: Councilmembers Griffin, Dovey and Rappa NOES: Councilman Settle and Mayor Dunin ABSENT: None the foregoing Resolution was passed and adopted this 30th day of 1987. ATTEST: CIT CLERK PAM GES s s * s s APPROVED: ACityAdnistrative Officer City Attorney --- _ y� nan_ce__uirector RESOLUTION NO. 6240 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT FOR SALE OF WATER TO SAN LUIS OBISPO COUNTY COMMUNITY COLLEGE DISTRICT (CUESTA COLLEGE) WHEREAS, the San Luis Obispo County Community College District is an integral part of the San Luis Obispo community and its economic well -being and ability to effectively plan for the acquisition and use of physical resources such as water is important to all concerned; and WHEREAS, the Water Element of the City's General Plan identifies the intent of the City to provide water to the District; and WHEREAS, the City has certain water rights, sources, and facilities for the delivery of water to City, and desires to sell water to the District: and WHEREAS, District desires to purchase water from City for its community college facilities adjacent to Camp San Luis Obispo, known as Cuesta College, NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the Mayor is authorized to sign an agreement for sale of water to San Luis Obispo County Community College District ( Cuesta College). 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 16th day of June . 1987. 19 .1 \a Va\ � \V l\ LV1Y 11Y ATT T CIT CLERK PAMELA V ES s s s s 0 R 6240 �l Resolution No. 6240 APPROVED: ity Admi istrative Officer Z� City At rney finance Director Public Works Director Utilities Manager i�) (1987 Series) �N� �., _ C �. �' :.J p/, � i / '�' "f uumt io, �yoi AGREEMENT FOR SALE OF WATER TO SAN LUIS OBISPO COUNTY COMMUNITY COLLEGE DISTRICT (CUESTA COLLEGE) THIS AGREEMENT. entered into this. 16 day of June . 1989, by and between the CITY OF SAN LUIS OBISPO. a municipal corporation. hereinafter called "City ". and SAN LUIS OBISPO COUNTY COMMUNITY COLLEGE DISTRICT. a political subdivision of the State of California. hereinafter called "District ": RECITALS: 1. The District is an integral part of the San Luis Obispo community and its economic well -being and ability to effectively plan for the acquisition and use of physical resources such as water is important to all concerned. 2. The City's water management element identifies a policy of providing water to District. 3. The City has certain water rights. sources. and facilities for the delivery of water to City: and agrees to sell water to District. 4. District desires to purchase water from City for its community college facilities adjacent to Camp San Luis Obispo. known as Cuesta College. NOW. THEREFORE. in consideration of the mutual covenants herein set forth. the parties agree as follows: 1. Sale of water. City shall sell to District raw water to be delivered at the Whale Rock Chorro turnout. as shown on the map attached and made a part bpreof. subject to the provisions hereinafter set forth. 2. Storage and conveyance of water. City will operate its facilities In such a manner within its capacity as to store. divert and convey water to the point of delivery to District. I J 3. Availability of water City hereby determines that 110 acre feet of water per year will be made available as a base allocation to District under this Agreement, pursuant to the terms and conditions herein. If City secures additional water resources beyond those available to it on the effective date of this Agreement which result in a permanent increase in its safe annual yield. it may increase the base allocation to District to a maximum of 150 acre feet.. District may request annually to purchase additional water above and beyond its base allocation and the City will attempt to supply such additional water to the extent reasonably possible as determined by City. 4. Period of agreement. This agreement shall be effective from the date of approval by the City Council or the Board of Trustees of the District, whichever is later. until termination as provided by this Agreement. Under no condition shall the sale of water to the District by City act as a basis for any future claim of right of continuation or extension of this agreement. The use of water by District under this Agreement shall not act as support for any future claim by District of any right, title or interest in water rights now held by City or which may be held in the future by City. This Agreement shall act to satisfy in its entirety any legal claim District may have to City water as a result of any prior representations,, actions. or agreements. 5. Rate of delivery. During this agreement. City will deliver to District up to one hundred ten (110) acre feet of water annually, subject to the terms and conditions set forth herein. and District agrees to pay for such delivery as provided herein. Written advance notice shall be given by District to City of the dates and quantities of water to be delivered during the period of this agreement: provided. however. 24: emergency oral requests may be made when necessary and confirmed in writing within 72 hours. In no case shall the monthly delivery of water exceed 30 acre feet. 6. Measurement and payment for water delivered. City shall measure all water delivered to District and shall bill District at not less than monthly intervals. District shall pay City for water delivered to District at a fair and equitable rate as established by City annually. In addition to other relevant considerations. the City may take into account such factors as labor. equipment. materials and power costs. depreciation allowance, reserves and overheads relating to delivering water to the District. Bills shall be due and payable upon presentation by City. If each bill is not paid within thirty (30) days after the submission of said bill. then such amount shall draw interest at the rate-of ten percent (10x) per annum, until paid. 7. Payment of power costs. The cost of power for pumping water to District's point of delivery during this agreement shall be prorated between City and District based on the percentage of the water delivered to District. If in any year. by reason of errors in computation or other causes. there is an over - payment or under - payment to City by District for power costs. the amount of such over - payment or under - payment. as the case may be. shall be corrected by City paying such amount of over - payment to District. or District paying such amount of under - payment to City. 8. Indemnification. City hereby agrees only to furnish untreated raw water and. the City, Its officers. agents or employees shall not be liable in any wanner whatsoever for said water quality. PurthPr. neither the City. nor any of its officers. agents or employees shall be liable for the control. carriage. handling. use. disposal or distribution of water =3- supplied to District beyond the point of delivery; nor for claim of damage of any nature whatsoever. including but not limited to, property damage. personal injury or death. arising out of or connected with the control. carriage. handling. use. disposal or distribution of such water beyond said District's point of delivery and District shall indemnify. defend and hold harmless the City and its officers, agents and employees from any such damages or claims of damages. The City shall provide to District on a semi- annual basis a report on standard grater quality characteristic of water delivered to the District. 9. Water development and conservation. The District shall actively pursue alternate water sources and participate in any program to provide water to District determined by District to be financially and environmentally reasonable. The District shall at all times vigorously enforce water conservation 'efforts. The District shall also participate in any City water conservation program, water rationing or restriction as may be established by City and which does not unreasonably discriminate against District in comparison to other similar users.. 10. Emergency action. City reserves the right to temporarily discontinue service at any time and without giving rise to any cause of action or claim for damages from District if a declaration of an emergency affecting public safety or health is made by either the Mayor. City w , Administrative officer. or Utilities Manager. 11. Termination of agreement. This Agreement may be terminated by mutual consent or by either party upon a material breach of any obligation by the other party. The City may unilaterally terminate with 180 days notice upon the establishment of any equivalent. permanent water source physically and contractually available to District. Upon termination. an -4- accounting shall be made of all outstanding costs or obligations due and payable and the parties hereby agree to satisfy said costs or obligations immediately. 12. Review and amendment. Either party can request a joint review of this Agreement at any time and. in any event. such a joint review shall be held no later than ten (10) years from the effective date. The Agreement may be amended or modified from time to time as mutually agreed upon. 13. Disclaimer of warranties. City hereby disclaims any warranty or guarantee with respect to the quality. clarity. taste.. or any other characteristic. of the water provided to District under this Agreement. Furthermore. District understands and agrees that City is under no duty to meet any federal. state. or local health or safety standard for the water provided pursuant to this Agreement. ATTEST• U" CITY 4ERK PAM VO agent - watee .1! , BOARD OF TRUSTEES. SAN LUIS OBISPO COUNTY SO WNITY COLLEGE NSTRQT_. G. s President SAN LUIS OBISPO COUNTY COMMUNITY COLLEGE DISTRICT By b'/la-11 /?_ ��Cu Dr. Frank R. Martinez. President - Superintendent CITY OF SAN LUIS OBISPO -S- RESOLUTION NO. 6239 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT 1476 (CHUMASH VILLAGE MOBILE HOME PARK) WHEREAS, the Council made certain findings concerning Tract 1476 as contained in Resolution No. 6159 (1987 Series), and WHEREAS, the Council has approved a resubmission of Tract 1476 modifying certain conditions related to assistance for low and moderate income residents, per Resolution No. 6238 (1987 Series), and WHEREAS, all conditions required per the latter resolution have been met, NOW THEREFORE BE IT RESOLVED, this Council hereby grants approval of the final map of Tract 1476 and authorizes the Mayor to sign the contract with the Homeowner's Association regarding tenant assistance programs. On motion of Councilman Griffin seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of June 1987. MAYOR RON DUNIN R 6239 U Resolution No. 6239 (1987 Series) Page Two. APPROVED: City Administrative Officer City Atto a ey Community Development.Director City E 691neer jk4 /t1476fin by O F//6 �kw- Z 0 b 0:1 W 01 DOD' k, K04 1W WAKS e)a ki to :0.0 - �Wk a lit Go: Is C OF; 1, 11 1 01 N, • of F. C IM THIS AGRMMU mode this 16th day of June 1987, between the City of San Inis Obispo and the awmash Village Mcbild=m Park Acquisition Association, Inc.,, hereinafter referred to as "Association," or its assigns or successors in interest,, whereby the Association agrees to abide by and implement the terms and cmiditicns of the tenant impact report prepared on December 24,, 1986, as incorporated into the tentative map approval of June 16, 1987, and attached thereto, and the additions and corrections as set forth in the tentative map, including the assistance programs called for under conditions 4,, 5,. and 6 of tentative map. 1. The AsSOCIatlon hereby covenants and agrees to abide • the terms cm-dons of the tenant impact report and condons of the map as described heremkibove, and shall use reasonable diligence in the enfcrcement'the-x---2)f. al 2. This contract is made specifically for the benefit of those residents who may have rights arising mx1er the tenant impact report,, and conditions of the tentative map. Mmrefcre,, any said resident may enforce the terms and conditions; of this contract independently of any action of the City CM=11 as allaqed by California Civil Code Section 1559. 3. In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs as adjudicated by the court. Tj=: Mayor Ron Dunin ATTE — L I 1 City 1( oge DATED: W114141:41" W" 414:1800(w 1 .• .' BY: TITLE: RESOLUTION NO. 6238 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1476 LOCATED AT 3057 SOUTH HIGUERA 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 1476 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan. 2. The design of the proposed subdivision is consistent with the general plan. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development 5. The design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision is not likely to cause public health problems. 7. The design of the subdivision will not conflict with easements for access through or use of property within the proposed subdivision. 8. The Community Development Director has determined that the subdivision is exempt from environmental review. SECTION 2. Conditions. That the approval of the tentative map for Tract 1476 be subject to the following conditions: 1. Final map shall show a 10 -foot public drainage easement in the southwest corner of the site to connect with an easement on the adjacent property to the south. 2. Subdivider shall grant an easement over the common lot area, except under structures, for underground public utilities serving the site to the approval of the City Engineer and affected utility companies. 3. Subdivider shall prepare conditions, covenants, and restrictions to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions: A. Creation of a homeowner's association to enforce the CC &R's and provide for professional, perpetual maintenance of all common area included private driveways, private utilities, including on -site sewer and water drainage, parking lot area, walls and fences, lighting, and landscaping. R 6238 G Resolution No. 6238 (1987 Series) Tract 1476 Page 2 J B. Grant to the city the right to maintain common area if the homeowner's association fails to perform, and to assess the homeowner's association for expenses incurred, and the right of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map are being met. C. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. D. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage of inoperable vehicles, except in designated storage areas by park residents. E. No change in city- required provisions of the CC &R's,without prior City Council approval. F. Homeowner's association shall file with the City Clerk the names and addresses of all officers of the homeowner's association within 1 -5 days of any change in officers of the association. 4. Approval of the subdivision and resultant conversion is contingent on implementation of the programs outlined in the submitted tenant impact report (dated December 24, 1986). The applicant shall prepare a contract or other suitable agreement as approved by the City Attorney to help ensure on -going compliance by the residents' association with all the various provisions of said impact report and this approval. 5. Prior to approval of the final map, applicant shall distribute a notification form to residents ad_ vising them that an assistance program for some moderate income households is being contemplated and asking that persons who may be interested and who may qualify should submit forms, supplied by the applicant,. indicating their interest. Interested parties should indicate their levels of income and assets as part of the preliminary qualification process. Reasonable confidentiality shall be observed. Using this data, the applicant shall propose a more specific assistance program for at least those households between 80 and 90 percent of the median income. This program shall be subject to review and approval by the City Council prior to approval of the final tract map. 6. The moderate- income assistance program developed pursuant to Condition No. 5 above shall also be available to low- income households which are ineligible for state assistance. Resolution No. 6238 (1987 Series) Tract 1476 Page 3 On motion of Councilman Settle .seconded by Councilwoman Dove 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 16th day of June 1987. IV yor Ron Du ATTEST: V Cit Clerk Pam ges APPROVED: A,- ministrative Officer City At rney Community Development Director 0 RESOLUTION NO. 6237 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION NO. 86 -322 LOCATED AT 580 SERRANO DRIVE AND 585 LUNETA.DRIVE BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Minor Subdivision No. 86 -322, and the Community Development Director's Recommendations, staff recommendations and reports thereon, makes the following findings 1. The design of the subdivision and proposed improvements are consistent with the general plan. 2. The site is physically suited for the proposed type and density of development which is permitted by the R -1 zone. 3. The design of the subdivision and proposed improvements are not likely to cause substantial environmental damage, cause serious health problems, or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or type of improvements will not conflict with public easements for access through or use of property within the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration. SECTION 2. Exceptions. Approval of reduction of Luneta Drive improvement requirement, from full -width improvement to improvement of one -half street width, based on the following findings: 1. The exception granted does not constitute a grant of special privilege inconsistent with limitations upon other properties in the same vicinity because the overall intensity of development is consistent with that of other properties, and because adequate temporary safe access is furnished by the reduced pavement width. R 6237 Resolution No. 6237 Page 2 (1987 Series) 2. Because of special circumstances, notably the infeasibility of obtaining dedication of property needed for full -width improvements to Luneta Drive, the strict literal application of the Subdivision Regulations would deprive the property owner of privileges enjoyed by other properties.in the vicinity. 3. Under the circumstances of his particular case, the exception requested carries out the spirit and intent of the Subdivision Regulations. SECTION 3. Conditions. That the approval of the tentative map for Minor Subdivision No. 86 -322 be subject to the following conditions: 1. A final map shall be submitted to the city for review, approval. and recordation. 2. Subdivider shall dedicate a 28 -foot strip of property for widening and extension of Luneta Drive, to the satisfaction_ of the City Engineer. 3. Subdivider shall install frontage improvements consisting of curb, gutter, sidewalk and paving for a 20 -foot widening and extension of travel lanes within existing and dedicated Luneta Drive right -of -way. Improvements shall include an asphalt berm along the north edge of paving to control drainage for the segment where no curb is provided. Improvements shall be constructed in accordance with city standards, and to the satisfaction of the City Engineer. 4. Subdivider shall install "No Parking" signs and curb markings on Luneta Drive, to the satisfaction of the City Engineer. 5. Subdivider shall dedicate a five -foot strip of property for widening of Serrano Drive, to the satisfaction of the City Engineer, and shall install sidewalk across frontage in accordance with city standards. Installation of sidewalk may be deferred by way of a covenant for recording, whereby the property owner agrees to install sidewalk when.Parcel A is sold, further developed, or subdivided, whichever occurs first. 6. Subdivider shall extend public water main along Luneta Drive frontage. 7. Subdivider shall provide on -site drainage easements_ and facilities conducting storm drainage to a suitable point of disposal, to the approval of the Community Development Director and City Engineer. Resolution No. 6237 (1987 Series) Page 3 SECTION 4. Code Requirements. The following represent standard requirements required by various codes, ordinances, and policies of the City of San Luis Obispo, but are not limited to the following: 1. Subdivider shall install street trees in accordance with city standards, at the time of future development. 2. Subdivider shall provide individual sewer, water, and utility services to parcel B from Luneta Drive. New utilities shall be underground. 3. Subdivider shall pay water acreage and frontage fees as determined by the City Engineer prior to final map approval.. 4. Subdivider shall pay park in -lieu fees for one parcel, prior to final map approval. On motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Dunin NOES Councilwoman Rappa ABSENT None the foregoing resolution was passed and adopted this 16th day of June ATTEST: (2-- ( 1. k City Cle k Pam oge , 1987 ayor Ron Dunin i Resolution No. 6237 (1987 Series) Page 4 APPROVED: 7i� po---k City Administrative Officer City orney Community Development Director G� � `/ ����� �� ..-= -v �f'd(�!i',�r%f '� �� yi�a -n ce RESOLUTION NO. 6234 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ISSUANCE OF A GRADING PERMIT PRIOR TO APPROVAL OF A DEVELOPMENT PROJECT ON A SITE LOCATED AT 3261 SOUTH HIGUERA STREET WHEREAS, the City Council received a request for grading prior to an approved project for property located at 3261 South Higuera Street; and WHEREAS, the council has considered the reports of staff, 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. NOW, THEREFORE, the council resolves to authorize issuance of a grading perimit as follows: SECTION 1. Findings. This council finds: The proposed grading operation will not adversely affect the health, safety and welfare of persons residing or working on the site or in the vicinity. 2. The proposed grading operation is consistent with the city's grading ordinance. 3. The proposed grading operation is exempt from environmental review. SECTION 2. Conditions. 1. The applicant shall submit an application and appropriate plans for a grading permit as outlined in Section 15.44.160 of the Municipal Code (Grading Ordinance). 2. Submitted plans for a grading permit shall indicate how surface drainage shall be accommodated in the interim until completion of final grading has occurred in conjunction with an approved development project for the site. 3. Proposed fill against the concrete block wall along the east property line of the site shall match or be lower than fill on the opposite side of the wall on the adjacent property to assure that the structural integrity of the wall is protected. 4. A cash deposit or cash bond is deposited to guarantee restoration of the site to a natural condition as required by the Community Development Director should the project not proceed to completion within a specified time period. R 6234 Resolution No. 6234 (1987 Series) Page 2 On motion of Councilwoman Dovey _seconded by Mayor Dunin and on the following roll call vote: AYES: Councilwoman Dovey, Mayor Dunin, Councilman Settle _... _ NOES: Councilmembers Griffin and Rappa ABSENT: None the foregoing resolution was passed and adopted thisl6th day of June 1987. /IPTyor Ron Dunin ATTE V Citj Clerk Pam dges APPROVED: City Administrative Officer City Att ney GZI('e� J Community Development Director -��-.� O C C��� �� J �� ., ,. RESOLUTION NO. 6236. (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AWARD OF.A CONTRACT. FOR THE CHIP SEAL COAT PROJECT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. To approve the Award of a Contract'in the amount of .$87,000.00 to H. D. Peterson of Atascadero for the annual Street Chip Seal Coat Project.. The award is contingent upon appropriation of funds upon approva_l:;of the 1987 -88 budget. SECTION 2. To authorize the Mayor to sign contract documents after funds are appropriated. On motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey; Bappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th- day of June 1987.. YOR RON DUNIN R 6236 Resolution No. 6236 APPROVED: City Administrative OfficerT A� City A orney in nce Direct Z-7 X" Public Works Director AV (1987 Series) UJ � r e,,✓�: Cove Ai rep, � 1 RESOLUTION No. 6235 (1987 Series) A RESOLUTION OF THE COUNCiI. OF THE CITY OF SAN LUIS OBISPO APPROVING A CONTRACT BETWEEN THE CITY AND PEAT MARWICK MAIN & CO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain contract. attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Peat Marwick Main & Co. to conduct Audit Services for the City 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 contract approved by it to: Peat, Marwick. Main & Co. 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 16th day of June, 1987. ATTEST. ayor Ron Dunin Olt City Jerk Pam V0 9(s City Administrative Officer City Att¢¢ney rector of Finance R 62'15 CONTRACT FOR AUDITING SERVICES This contract made and entered into this 16th day of June, 1987, between the CITY OF SAN LUIS OBISPO, San Luis Obispo, California, herein Called "CITY" and PEAT MARWICK MAIN & CO., 750 South Figueroa.- Los Angeles, California, 90017, herein called the "AUDITOR" PARTIES WHEREAS, it is the intention of the CITY to provide for the examin- ation of its financial statements in accordance with provisions of Section 810 of the CITY Charter: and WHEREAS, the CITY has requested a proposal for Audit Services. attached hereto, marked Exhibit "A ". and incorporated herein by this reference; and WHEREAS, the AUDITOR is a firm of Certified Public Accountants, duly authorized to practice and licensed as such by the California State Board of Accountancy and experienced in City and Special District auditing; and WHEREAS, the.AUDITOR has submitted a Proposal for Audit Services. attached hereto, marked Exhibit "B" and incorporated herein by this reference. AUDIT PROCEDURES AND SCOPE NOW THEREFORE. in consideration of the mutual covenants. conditions and promises hereinafter contained, the CITY hereby engages AUDITOR, and AUDITOR hereby agrees to examine the financial records of the CITY and perform services as set forth in their proposal Exhibit. "B ". AUDITOR will prepare and deliver audited financial statements and reports as set forth in CITY'S Request. for Proposal. Exhibit "A ". It is understood that the services performed by the Auditor are in the capacity of an independent contractor and not as an officer, agent. or employee of the CITY. The examination shall be made in accordance with generally accepted auditing standards as set forth in Exhibit "A" and accordingly shall include such tests of the accounting records and such other auditing procedures as the AUDITOR considers necessary in the circumstances in order to allow for the expression of an opinion on the financial statements of all finds of the CITY. It is understood that such procedures are not designed primarily to disclose defalcations or other irregularities. PERIOD COVERED BY CONTRACT This contract shall cover the audit for fiscal year July 1, 1986 through June 30, 1987, Commencing June 20, 1987. This contract is subject to automatic renewal for fiscal years ending June 30. 1988 through 1991, unless the City exercises its right to cancel the contract upon 90 days written notice as stated in the Request for Proposal under Agreement Terms. COMPLETION OF AUDIT REPORT In accordance with the provisions of Section 810 of the CITY Charter. AUDITOR shall submit a copy of the final audit and report to the Council, the City Clerk, the City Treasurer, the City Finance Director, the City Administrative Officer and the City Attorney, as soon as possible.after the examination has been completed. Five additional copies shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public. Subject to the availabil- ity of the records by the CITY, the report will be delivered within 90 days from the close of the CITY'S fiscal year. CONSIDERATION Fees for services rendered may be billed as work progresses, but not more than once a month. Such fees shall be paid promptly by the CITY. The total payment to the AUDITOR for services and expenses rendered under this contract shall be $30,000 for the 1986/87 fiscal year, except as provided below: The maximum annual fee stipulated above contemplates that conditions satisfactory to the normal progress and completion of the examination will be encountered and that CITY accounting personnel will furnish the agreed upon assistance in connection with the preparation of the necessary detail schedules and the production of documents for AUDITOR'S inspection. However. if AUDITOR feels unusual circumstances are encountered which make it necessary for AUDITOR to do additional work, AUDITOR shall report such conditions immediately to the responsible CITY officials, and if both parties agree that circumstances are unusual, they may negotiate such additional compensation as appears justified. If the AUDITORS find it necessary during any fiscal year or years, commencing with the third fiscal year covered by this contract. to recognize increases in salary and other costs applicable to this contract or to expend substantially increased time in carrying out their audits and examinations due to an increase in the size and volume of transactions by the CITY. the CITY may grant an adjustment upward in the schedule of the maximum annual fee as shall be mutually agreed upon by the parties hereto. Such increased schedule of rates shall be applicable only to work in the next fiscal year following such mutual agreement, increasing the schedule of rates. The AUDITOR shall submit any increases in the maximum annual fee to the CITY no later than January 31 preceding the close of the fiscal year to be audited and in which the new fee is to be effective. For example: By 01/31/87 for the audit of 1987 -88 fiscal year. EXTRAORDINARY SERVICES It is contemplated that from time to time the CITY may wish AUDITOR to perform accounting and auditing services in addition to those which are usual and customary in making an examination of the financial statements of the CITY. If so. AUDITOR shall be compensated for any such services performed which are validly authorized at their normal hourly rates in effect at that time. However, if such additional services require the expertise of consultants, AUDITOR and CITY may negotiate separate rates and estimated fees for the work contemplated. In witness whereof, the parties hereto have signed this contract as of the day and year herein first above written. Date: June 16, 1987 BY: _.�/� _ — BY: U� W MAYOR RON DUNIN PEAT MARWICK MAIN & CO. ATTEST: — Qr— — - t ')1' A - CITY LERK PAM V ES RESOLUTION NO. 6233 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 1379 (THE CAREY GROUP, SUBDIVIDER) WHEREAS, the City Council made certain findings concerning Tract 1379, as contained in Resolution No. 5924 (1986 Series), and WHEREAS, all conditions required per Resolution No. 5924 (1986 Series) have been met or are guaranteed under Irrevocable Commitments of Funds from the Bank of Montecito, NOW THEREFORE BE IT RESOLVED that final approval is hereby granted for Tract 1379. On motion of Councilman Settle and on the following roll call vote: , seconded by Councilman Griffin , AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of June , 1987. ATTEST: . L ( )6" A., - CITY dfERIC PAM V S R 1 UNIN R 6233 Resolution No. 6233 (1987 Series) Page Two. APPROVED: City Administrative Officer City Atto 0 ey Community Development Director t i City gineer jk4 /t1379fin by /r-�� _ ��lr'cL9 v ����, STANDARD SUBDIVISION AGREEMENT THIS AGREEMENT is dated this 16th day of June by and between The Carey Group Inc. a California Corporation , herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on final map of Tract 1379, City of San Luis Obispo, California, as approved by the City Council, on the 16th day of June The Subdivider desires that said Tract 1379 be accepted and approved as a final map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Code), and It is a condition of said regulations'that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision 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: O 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 eighteen (1.8) months of said recording date, unless an extension has been granted by the City, 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: 1. The Subdivider has deposited a cash monumentation guarantee of $1,800.00 to cover the installation of survey monuments in accordance with the approved map. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating they have completed the work and have been paid. 2. The Subdivider has paid sewer fees of $595.00 ($35 /lot x 17 lots) (Laguna Lift Station et al). 3. The Subdivider shall improve the (common) driveways as shown on the approved plans as well as extension of respective utilities as subdivision improvements per condition 8 of Resolution No. 5924 (1986 Series). 4. All existing trees to be removed shall be replaced with compensating trees to the approval of the Public Works and Community Development Departments per condition 6 of Resolution No. 5924 (1986 Series). 5. Full credit is given for previous park dedication under Tract 603. The restoration of lost section corners and retracement of section lines within the Subdivision shall be in accordance with Division 4, Chapter 15 of the Land Surveyors Act of the Professions and Vocations Code of the State of California, paragraph 8771 et seq. W The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instrument of credit or bond is in the amount of $60,000.00, which is 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. Completion of the work shall be deemed to have occurred on the date . 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, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to 4 c 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 or acceptable instrument of credit 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 $1,800.00 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 $1,800.00, 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 Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. 5 e 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 OFF SAN LUIS OBISPO ATTES u CITY CLERK PAM OGES Approved as to form: Ar-- ---� City A 0 orney city gineer Agr -1379 by R �� _� -�� - _��,�t/ / RESOLUTION NO. 6232 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING FINAL MAP FOR TRACT 1308 RUSTIC GARDENS CONDOMINIUMS (Barry Williams and Wesley Ward, Subdividers) WHEREAS, the City Council made certain findings concerning Tract 1308 as contained in Resolution No. 5708 (1985 Series), and WHEREAS, all conditions required per Resolution No. 5708 (1985 Series) have been met, NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted for Tract 1308. 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 16th day of June 1987. ATTEST: ( J. Q - V CITY LERK PAM V ES YOR RON DUNIN R 6232 Y, Resolution No. 6232 (1987 Series) Page Two. APPROVED: City Administrative Officer City At orney Community Development Director 'City jk4 /t1308fin by ep, RESOLUTION NO. 6231 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 3, 1987, WITH THE SCHOOL AND SPECIAL DISTRICTS ELECTION TO BE HELD ON SAID DATE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Board of Supervisors of the County of San Luis Obispo is hereby requested to order the consolidation of the General Municipal Election with the School and Special Districts Election to be held on Tuesday, November 3, 1987, and said Board of Supervisors is hereby authorized to canvass the returns of the election called and the election shall be held in all respects as if there were form of ballot, namely the ballot used at such used. The precincts, polling places and offic General Municipal Election hereby called shall provided for said School and Special Districts in Section 23312 of the Elections Code. only one election and one primary election shall be ors of election for the be the same as those election and as set forth The Board of Supervisors is requested to certify the results of the canvass of the returns of the General Municipal Election to the Council of the City of San Luis Obispo, which shall thereupon declare the results thereof. SECTION 2. The Board of Supervisors is hereby requested to issue instructions to the County Clerk and Registrar of Voters to take any and all steps necessary for the holding of said General Municipal Election. The City will pay its pro rata share of extra costs incurred by the County in consolidating the elections pursuant to Section 51350 of the Government Code. R 6231 ' 1 Resolution No. 6231 (1987 Series) Page 2 SECTION 3. The City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San Luis Obispo. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution. On motion of Councilman Settle and on the following roll call vote: , seconded by Councilman Griffin AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of June 1987. , MAYOR RON DUNIN ATT CI CLERK PAM WOES Approved: City Administra a Officer Cit At ney C, C'ty Clerk (!Omf C1elk' C RESOLUTION NO. 6230 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 3, 1987 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Section 302 of the City Charter, a General Municipal Election shall be held Tuesday, November 3, 1987, to fill the following elective offices: (a) Mayor - two (2) year term (b) Two (2) Councilmembers - four (4) year terms each and to vote on any other measure placed on the ballot by the Council. SECTION 2. For purposes of this election the polls shall be open from 7:00 a.m. to 8:00 p.m. SECTION 3. Pursuant to Election Code Section 10012 and Municipal Code Section 2.40.080(A)(6), each candidate may submit with the nomination papers a Statement of Qualifications of the candidate of no more than 400 words, which statement will be printed and mailed out with the sample ballot at no cost to the candidate. SECTION 4. Pursuant to Sections 4015.5 and 5014.5 of the Elections Code, rebuttal arguments will be permitted, and shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. On motion of Councilman Settle and on the following roll call vote: seconded by Councilman Griffin , AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None R 6230 C Resolution No.6230 (1987 Series) Page 2 the foregoing Resolution was passed and adopted this 16th day of June 1987. MAYOR RON DUNIN ATTEST: ( 2.A CIT CLERK PAMELA VO s a s s Approved: City Administrative Officer City At rney i y Clerk �pv, -�� C /�°r� � (�oQ�'d dry' �U - ✓�� ✓� ,���,s�r�.r o vo�nfs � �� �� e ;- .. ..;,. ;�.,: .;; , . -.. ��. . C RESOLUTION NO. 6229 (1987 Series) i A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING THAT THE PROPERTY AT 663 CHURCH STREET MAY CONSTITUTE A PUBLIC NUISANCE, AND ORDERING A PUBLIC HEARING CONCERNING SAME AND ABATEMENT THEREOF BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council finds that the condition of the premises at 663 Church Street, and more particularly described as Lot 8, Block 124, Murray and Church's Addition, and shown as Assessor's Parcel No. 3 -641 -3 in the County of San Luis Obispo, may constitute a public nuisance. 2. This Council intends to hold a public hearing in the Council Chambers at 7:1:0 p.m. on July 21, 1987, to ascertain whether said premises constitute a public nuisance which may be abated in accordance with Chapter 8.24 of the San Luis Obispo Municipal Code. 3. The facts forming the basis for the hearing are that the premises are maintained in such a manner so as to constitute a fire hazard. Junk and combustible materials are stored in and around the house to such a degree that a serious and ongoing life safety hazard is presented. 4. The possible methods of abatement include removal of the items and materials constituting the fire and health hazard, rehabilitation, repair, or demolition of the premises, or other appropriate action, the cost of which will constitute a lien upon such premises until paid. 5. The City Clerk is directed to provide notice as required by San Luis Obispo Municipal Code Sections 8.24.050 and 8.24.060 as follows: A. Within thirty (30) days after the passage of this Resolution and at least fifteen (15) days before the time fixed for the public hearing, the City Clerk shall cause to be conspicuously posted on the R 6229 Resolution No. 6229 (1987 Series) Page 2 premises at 663 Church Street a certified copy of this Resolution, and a notice of the time and place of hearing before the Council, in a style and form as set forth in more detail in Section 8.24.050. B. At least fifteen (15) days before the time fixed for the public hearing, the City Clerk shall cause to be served on each of the owners of the property at 663 Church Street one copy of the notice of public hearing and a certified copy of this Resolution of the Council. Service shall be upon those persons described in greater detail in Section 8.24.060 and in the manner as provided therein. 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 16th day of June 1987 MTH UNIN ATTE T: CITY LERK PAM G S APPROVED: �,/ p /J City Adminis tive Officer Fire Chief 11 City # torney Fdre�� r i � RESOLUTION NO. 6228 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL CONCERNING A USE PERMIT FOR A RESTAURANT WITH ENTERTAINMENT AT 1135 MORRO STREET WHEREAS, the Zoning Hearing Officer, Planning Commission, and City Council have held public hearings to consider the proposed use, as provided in the city's Zoning Regulations, and; WHEREAS, this item comes to the council on appeal from the Planning Commission, and; WHEREAS, the council has considered public testimony and the report and recommendations of staff, and; WHEREAS, the council has determined that the action of the Planning Commission, including findings and conditions of approval, was appropriate and in conformance with city plans and regulations, and; WHEREAS, the use permit is categorically exempt from environmental review as a minor alteration in land -use regulations for an existing building. NOW, THEREFORE, the council resolves to deny the appeal and to affirm the decision of the Planning Commission to amend Use Permit A 70 -86, with findings and conditions as approved by the Planning Commission. Councilwoman Rappa Councilman Settle On motion of ........... . , seconded by .................... .. ; and on the following roll call vote: AYES: Councilmembers Rappa, Settle, and Dovey_t_,., NOES: Councilman Griffin and Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this .. 2nd day of June , 1987. yor o unin�i ATTEST: City ;Clerk Pam Vo s R 6228 Resolution No. .. 6.2.28 (1987 Series) Page 2 APPROVED: .....^ I = . . City A min sirai i Officer City At o ney . .. Community Development Director C. iPG796 follows: RESOLUTION NO. 6227 (1978 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE MAYOR TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE CITY OF SANTA BARBARA FOR REPLACEMENT OF THE CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM BE IT RESOLVED by the Council of the City of San Luis Obispo as WHEREAS, upon review of the condition of the two - county message switching system used for participation in the California Law Enforcement Telecommunications System (CLETS), the current system is found to be obsolete with respect to capacity and efficiency. WHEREAS, the costs to repair the existing system are excessive. 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 enter into a Joint Powers Agreement with the City of Santa Barbara (Exhibit "A ") for replacement of the two - county message switching system. Section 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement to Don Englert, Chief of Police. On motion of Councilman Settle , seconded by Councilwoman Dovey an the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the forgoing resolution was passed and adopted this 2nd day of June, 1987. R 6227 Y Resolution No. 6227 ATTEST: 2- - I Cit Clerk, Pam C es APPROVED: City Administrative Officer 4;:: City At rney Finance Director %. i/44& Chief of P• f Mayor Ron Dunin (1987 Series) JOINT POWERS AGREEMENT FOR C.L.E.T.S. /M.S.S. SYSTEM REPLACEMENT JOINT POWERS AGREEMENT TABLE OF CONTENTS Page ARTICLE I Purposes 2 ARTICLE II Definitions 3 ARTICLE III Parties to Agreement 3 ARTICLE IV Terms of Agreement 4 ARTICLE V Powers of the Association 4 ARTICLE VI Member Agency 5 ARTICLE VII Local CLETS Advisory Committee 6 ARTICLE VIII Meetings and Records 6 ARTICLE IX Administrative Policy and Procedures 7 ARTICLE X Fiscal Year 8 ARTICLE XI Annual Audits and Audit Reports 8 ARTICLE XII Establishment and Administration of Funds 8 ARTICLE XIII Deposits and Operating Costs 9 ARTICLE XIV New Members 10 ARTICLE XV Withdrawal 11 ARTICLE XVI Expulsion 11 ARTICLE XVII Termination and Distribution 12 ARTICLE XVIII Notices 12 ARTICLE XIX Prohibition Against Assignment 13 ARTICLE XX Amendments 13 ARTICLE XXI Severability 13 ARTICLE XXII Hold Harmless and Indemnification 13 ARTICLE XXIII Agreement Complete 14 i JOINT POWERS AGREEMENT FOR REGIONAL C.L.E.T.S.. /M.S.S. SYSTEM REPLACEMENT This Agreement is made by and among the undersigned public entities (hereinafter Member Agencies) all of which are public entities organized and operating under the laws of the State of California or under the authority of the United States govern- ment. This Agreement may be executed in counterparts with an original copy for each Member Agency without the necessity for one original with a lengthy signature portion. A fully executed and sealed copy of each original for each Member Agency shall be provided to the City Clerk of the City of Santa Barbara. RECITALS 1. WHEREAS, the Regional California Law Enforcement Telecommunications System /Message Switching System (hereinafter "CLETS /MSS ") came into being during the existence of the Office of Criminal Justice Planning Region P locally operated Headquar- ters; and 2. WHEREAS, no such local headquarters any longer exists; and 3. ' WHEREAS, certain law enforcement agencies within San Luis Obispo County and Santa Barbara County have a need for the Regional CLETS /MSS to continue to exist as an entity; and 4. WHEREAS, the Regional CLETS /MSS hardware and software need to be replaced; and 5. WHEREAS, California Government Code § §6500 -6516 author- ize the joint exercise of powers among public agencies towards a common goal pursuant to a joint powers agreement. AGRMTl:le -1- C J NOW, THEREFORE, the undersigned, by, between and among themselves, in consideration of the mutual benefits and agree- ments set forth below, hereby agree as follows: ARTICLE I PURPOSES This Agreement is entered into by Member Agencies pursuant to the provisions of California Government Code Section 6500 et seq., to: A. Jointly purchase the equipment, software, mate- rials, supplies and professional services which may be necessary to replace the out -moded CLETS /MSS equipment currently in use by the Member Agencies. B. Provide a forum for member agencies to provide recommendations and comments to the technical advisor representing the City of Santa Barbara and to assist in the development of rules and regulations governing the on -going participation of the Member Agencies in the CLETS /MSS system regional network (hereinafter "M.S.S. "). C. Establish a procedure for the administration of the replacement of the CLETS /MSS system regional network and the on -going maintenance of the replacement equipment and software. D. To provide, to the extent permitted by law, for the inclusion at a subsequent date of such additional public entities which are organized and existipg under the laws of the United States or laws of the State of California as may desire to become parties to this Agreement. E. To provide for the removal of Member Agencies for cause or upon request. AGRMT1:le -2- ARTICLE II DEFINITIONS Unless the context otherwise requires, the following t6rms shall be defined as herein stated: A. "Association" shall mean the "Association for Santa Barbara and San Luis Obispo Counties CLETS /MSS System Regional Network Replacement and Maintenance" created by this Agreement. B. "Local CLETS Advisory Committee" or "Committee" shall mean the governing body of the Association. C. "Deposit" shall mean the estimated amount de- termined by the Committee for each Member Agency necessary to fund the replacement of the Santa Barbara /San Luis Obispo County CLETS network. D. "Member Agency" shall mean any of the public entities which are a party to this Agreement. E. "Fiscal Year" shall mean a period of time as defined in Article X, to be used in determining Deposits. F. "Operating Costs" shall be the actual cost to the City of Santa Barbara to operate and maintain the CLETS /MSS regional- network for San Luis Obispo and Santa Barbara Counties. Such costs shall be reviewable by the Committee solely at the Committee's discretion. ARTICLE III PARTIES TO AGREEMENT Each party to this Agreement certifies that it hereby contracts with all other parties who are signatories of this Agreement and, in addition, with such other parties as may .later AGRMT1:le -3- be added as parties to this Agreement pursuant to Article XIV. Each party to this Agreement also certifies that the deletion of any party from this Agreement, pursuant to Article XV or XVI, shall not affect this Agreement or the remaining parties' intent to contract as described above with the remaining parties to the Agreement. ARTICLE IV TERMS OF AGREEMENT This Agreement shall become effective when approved and executed by two - thirds (18) of the agencies currently in the existing CLETS /MSS regional network as listed on the attached Exhibit "A" (including at least the sheriffs of Santa Barbara and San Luis Obispo County) and shall continue in full force until terminated in accordance with Article XVII. ARTICLE V POWERS OF THE ASSOCIATION A. Contracts. The Association is authorized, acting through the City of Santa Barbara, to do all acts necessary to fulfill the purposes of this Agreement as referred to in Article I. The City of Santa Barbara, on behalf of the Association, may purchase, lease, own, use or dispose of property and equipment and make and enter into contracts, as may be required to effectuate the purposes of this Agreement. Any property, equip- ment or interest in property purchased or obtained by the City of Santa Barbara using Association funds or obtained by the City of Santa Barbara pursuant to the purposes of this Agreement shall be held in trust by the City of Santa Barbara and devoted solely to uses consistent with the purposes of this Agreement. Upon dissolution of the Association pursuant to Article XVII, all property held in trust by the City of Santa Barbara shall be distributed in accordance with the terms of Article XVII. Any valid contract entered into pursuant to this,Agreement solely for the purposes of effectuating the goals of this Agreement shall be AGRMT1:le -4- executed by the City of Santa Barbara and shall be payable solely from the funds deposited with the Committee Treasurer (hereinafter "Treasurer ") pursuant to this Agreement. B. 'Administration. It is not the.inten.t nor the purpose of. this Agreement to create an agency which is a separate and distinct legal entity from the Member Agencies pursuant to Government Code Section 6503.5. This Agreement shall be ad-minis" tered by the City of Santa Barbara, acting through its Chief of Police with the advice and concurrence of the "Local CLETS Advisory Committee." ARTICLE VI MEMBER AGENCY A. MEMBER AGENCY - RESPONSIBILITIES The Member Agencies shall have the following responsibil- ities: 1. To vote for representatives to the Local CLETS Advisory Committee (hereinafter "Committee "); and 2. To pay deposits in accordance with Article XIII hereof promptly to the Association when due; and 3. To pay its share of the Operating Costs as determined in accordance with Article XIII. 4. To provide the Association all data and other information as may be necessary to carry out the purposes of this Agreement; and 5. To cooperate with and assist the Association in all matters relating to this Agreement and to comply with the rules and regulations and all policies and procedures adopted by the Local Clets Advisory Committee. AGRMT1:le -5- ARTICLE VII LOCAL CLETS ADVISORY COMMITTEE There shall be a Local CLETS Advisory Committee-(hereinafter "Committee ") to govern the affairs of the Association. The Committee shall be comprised of seven persons each of whom shall be an employee of a Member Agency. The Committee Treasurer shall be ex- officio an employee of the City of Santa Barbara designated from time to time by the Chief of Police of the City of Santa Barbara. Each of the two County sheriffs shall appoint an ex- officio member as the County Control Agent. Each Member Agency shall have a vote in the selection of four at large Committee Members. The terms of the three ex- officio members shall be on -going with any vacancy being filled by the Chief of Police or the appropriate County Sheriff as the case may be. Each of the four at large members of the Committee shall serve a term of two years. The Committee, at its first regularly scheduled meeting, shall select a member to act as Chair and a member to act as Secretary. ARTICLE VIII MEETINGS AND RECORDS A. COMMITTEE MEETINGS The Committee shall fix the date, hour and place at which each regular meeting is to be held. The first meeting of the Committee shall be called by-the Treasurer designee of the City of Santa Barbara at a time and place of mutual convenience. Regular meetings shall be held not less than once each fiscal year. Special meetings may be called by the Chairman or upon written request of at least two members of the Committee. Notice of such special meetings shall be delivered personally or by mail to each Committee Member at least seven days before such meeting. AGRMT1:le -6- � I B. RECORDS The Secretary shall keep or have kept minutes of all regular, adjourned regular and special meetings of the Committee. As soon as possible after each meeting, the Secretary shall forward a copy of the minutes to each Member Agency. No business may be transacted by the Committee without a cuorum of its members being present. A quorum shall consist of a majority of its members. A majority of the members present must vote in favor of a motion to approve it, except as otherwise provided in this Agreement. ARTICLE IX ADMINISTRATIVE POLICY AND PROCEDURES As soon as practicable after the first meeting of the Committee, and within the first twelve (12).months of the Association's existence, the Committee shall review the "CLETS OPERATING POLICIES, PRACTICES AND PROCEDURES (October 1986 revision) hereinafter "Operating Policies" (attached hereto and designated as Exhibit "B ") for consistency with applicable state and federal laws and this Agreement. Upon the completion of such review, the "Operating Policies" shall become the document which governs the day -to -day operations of the CLETS /MSS network system. Each Committee member'shall receive a copy of any operating Policies developed under this article. Thereafter, the Committee may adopt additional policies and procedures or change existing ones so long as they shall be and remain consistent with both applicable law and with this Agreement. The Secretary shall promptly send to each Member Agency each policy and procedure change promptly after its adoption by the Committee. If necessary to regulate the conduct of its meetings, the Committee may adopt and enact by -laws which may be changed from time to time by a majority vote of the Committee. AGRMT1:le -7- ARTICLE X FISCAL YEAR The first fiscal year of the Association shall be the period from the date of this Agreement through June 30, 1987. Subsequent fiscal years of the Association shall begin on July 1 and end on June 30. ARTICLE XI ANNUAL AUDITS AND AUDIT REPORTS The Local CLETS Advisory Committee shall cause an annual financial audit to be made with respect to all receipts, dis- bursements, and other transactions by a Certified Public Accoun- tant. A report of such financial audit shall be filed as a public record with each of the Member Agencies. Such report shall be filed no later than required by law. All costs of such financial audit shall be paid by the Association and shall be charged against the Member Agencies in the same manner as all other administrative costs. ARTICLE XII ESTABLISHMENT AND ADMINISTRATION OF FUNDS The Committee shall be responsible for the strict ac- countability of all funds and reports of all receipts and dis- bursements. It will comply with all provisions of law relating to the Association funds, particularly Section 6505 of the California Government Code. The Treasurer shall receive, invest and disburse funds only in accordance with the procedures established by this Agreement and the Local CLETS Advisory Committee and in conformity with applicable law. The Committee may, if it deems necessary, purchase and maintain insurance, including public liability insurance, AGRMT1:le -8- necessary to protect the Association's investment in property and equipment necessary for the purposes of this agreement. The cost of such insurance shall be distributed on a pro -rata basis to Member Agencies in accordance with the formula contained in Article XIII. ARTICLE XIII DEPOSITS AND OPERATING COSTS A. DEPOSITS The Deposit for each Member Agency shall be calculated and paid as stated in a Schedule of Costs as determined by the Local CLETS Advisory Committee. A "Preliminary Schedule of Estimated Costs" is attached hereto as Exhibit "C "; upon its approval by each Member Agency, and the execution of this Agreement, each Member Agency shall be considered to have approved the payment of a Deposit in an amount not to exceed the per Agency estimate as listed on the attached Exhibit "C ". Should the actual amount necessary to fund the regional CLETS /MSS replacement exceed the preliminary schedule of costs, an additional Deposit shall be paid only after a further approval for an expenditure of the additional amount has been approved by the governing board or city council of the Member Agency. Should the Association receive deposit funds in excess of the actual system replacement estimate beyond that which is necessary to fund the actual system replacement, any such excess funds shall be held by the Association and applied solely toward future system operating costs on a pro -rata per member basis until fully expended. B. PRO -RATA FORMULA The calculation of funds to be assigned or distributed to Member Agencies will be based on the following formula and on the following defined terms: AGRMT1.:le -9- C 1 j (Agency Amounts) + (Per Message Share x Agency Message Count) + (Station Share x Agency Station Count) C. DEFINITION OF TERMS: COMMON AMOUNTS: That portion of the network used to support the operation of the computer network including communications lines to remote locations. AGENCY AMOUNTS: That portion of the network located within the Member Agency for the purpose of transmitting and receiving network messages. (These amounts will normally only be a factor in purchase of equipment to support that agency.) STATION SHARE: An amount equal to two- thirds of the Common Amounts divided by the network station count. PER MESSAGE SHARE: An amount equal to one -third of the Common Amounts divided by the network message count. D. OPERATING COSTS The Association's Operating costs will be billed to the Member Agencies on a semi - annual basis upon the same pro -rata basis and shall be due and payable within thirty (30) days of billing.. ARTICLE XIV NEW MEMBERS Prospective Member Agencies may apply for participation in the Association and CLETS network as stated in the reference to Operating Policies and applicable state law. Admission to the Association requires approval of two - thirds of the Agency Members and is conditioned upon the applicant AGRMT1:le -10- executing the Agreement and payment of a pro -rata share of the Schedule of Costs as determined by the Local Clets Advisory Committee. Membership shall become effective upon the date established by the Committee. ARTICLE XV WITHDRAWAL Any Member Agency of the Association who has been a member for at least three full fiscal years may withdraw from its status as a member and as a party to the Joint Powers Agreement. The withdrawal may be effective only at the end of a fiscal year. The withdrawing Member Agency must notify the Association in writing at least ninety (90) days prior to the end of the fiscal year that it will withdraw from the Association. Upon voluntary withdrawal, a Member Agency shall not be entitled to any reimbursement for its deposit however it shall not remain obligated with respect to Operating Costs or the other continuing obligations created by this Agreement. Upon the withdrawal of the City of Santa Barbara, the Committee shall designate a Member Agency to take possession of the Association property and funds and to manage the day to day operation of the local CLETS /MSS system. ARTICLE XVI EXPULSION The Association may expel any Member Agency, with cause, as • participant in any program or as a member of the Association by • two - thirds vote of the Member Agencies. Such cause will include, but is not limited to, failure to provide deposits, failure to pay assigned portions of operating expenses, or a suspension imposed by CLETS for violation of CLETS operating policies, practices, and procedures. Upon the expulsion of any AGRMT1:le -1.1- Member Agency, theoMember.AgenCy shall not be entitled to reimbursement for its Deposit, however, it shall have no continuing obligation to pay operating costs or other obligations created by this Agreement. ARTICLE XVII TERMINATION AND DISTRIBUTION If the Committee determines that the public interest will not be served by the continuance of the Association, it may, by a two- thirds vote of Member Agencies, order the Association dis- solved. If the decision to dissolve the association occurs within 180 days of the end of a fiscal year, the actual dissolution shall not occur until the end of the following fiscal year. Upon termination of this Agreement, all assets of the Association shall be distributed only among the Member Agencies that have been participants in CLETS network, including any of those members who previously withdrew pursuant to Articles XV and XVI of this Agreement, in accordance with and proportionate to their Deposit and any payments made during the,term of this Agreement as their interests may appear. The Committee shall determine such distribution within six months after the last pending claim or contractual obligation entered into pursuant to this Agreement has been finally paid.. The Committee is vested with all necessary.powers of the Association for the purposes of concluding and dissolving the business affairs of the Association. ARTICLE XVIII Mnmrrrc Notices to Member Agencies under this Agreement shall be sufficient if mailed to their respective addresses on file with the Association.. Notices to the Association shall be sufficient AGRMT1:le -12- if mailed to the address of the Association as contained in the Operating Policies. ARTICLE XIX PROHIBITION AGAINST ASSIGNMENT No Member Agency may assign any right, claim or interest it may have under this Agreement, and no creditor, assignee or third party beneficiary of any Member Agency shall have any right, claim or title to any part, share, interest, fund, premium or asset of the Association. ARTICLE XX AMENDMENTS This Agreement may be amended by a two- thirds vote of the Member Agencies provided that any amendment is compatible with the purposes of this Agreement and has been submitted to the Committee at least ninety (90) days in advance. Any such amend- ment shall be effective immediately, unless otherwise designated. ARTICLE XXI SEVERABILITY Should any portion, term, condition or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict of any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affected thereby. ARTICLE XXII HOLD HARMLESS AND INDEMNIFICATION The Member Agencies mutually agree and covenant to save free and hold harmless and indemnify the City of Santa Barbara, its elected officers and employees and any other Member Agency, its AGRMT1:le -13- i elected officers and employees from any claim, damage or liability in connection with this Agreement or the, administration and operation of the CLETS /MSS regional network system which the City of Santa Barbara or any other individual Member Agency may incur as a result of this association. This indemnification, when and if necessary, shall be apportioned among the Member Agencies in accordance with the formula described in Article XIII hereof for the calculation of deposits. ARTICLE XXIII AGREEMENT COMPLETE The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. IN WITNESS WHEREOF, the parties hereto have executed the Joint Powers Agreement in counterparts for the regional CLETS /MSS as of the 2nd day of June , 1987. CITY OF SAN LUIS OBISPO AOO- �:� - -- — ATTEST: Pam doges City i erk 14 CLETS /MSS REGIONAL NETWORK AGENCIES Santa Barbara Police Department Santa Barbara County Sheriff Santa Barbara District Attorney Santa Barbara Municipal Court Santa Barbara Harbor Patrol University of California Police Santa Barbara County Probation Carpinteria Police Lompoc Police Department Santa Maria Police Department Guadalupe Police Department Gover City Police Department Arroyo Grande Police Department Pismo Beach Police Department San Luis Obispo Police Department San Luis Obispo County Sheriff San Luis Obispo County Probation San Luis Obispo Municipal Court San Luis Obispo District Attorney California Mens Colony Morro Bay Police Department Cal -Poly San Luis Obispo Police Paso Robles Police Department Atascadero Police Department Vandenberg Security Police Department of Parks and Recreation Santa Maria Municipal Court 4 6226 Resolution No. (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING GRADING PERMIT AT 2018 SIERRA WAY WHEREAS, A.J. Diani Construction Company has requested a grading permit to stockpile and then redistribute fill at 2018 Sierra Way; and WHEREAS, the City Council at their meeting of June 2, 1987, has considered the reports of staff, public testimony, and materials submitted by the applicant; and WHEREAS, the grading permit is categorically exempt from state and local environmental review requirements; NOW, THEREFORE, the Council resolves to authorize the Chief Building Official to issue a grading permit for the temporary stockpiling and subsequent distribution and compaction of approximately 700 cubic yards of fill material at 2018 Sierra Way, subject to the following conditions: SECTION I Conditions Stockpiling and fill operations shall be limited to 700 cubic yards of material. 2. Stockpiling of fill material at the site shall not extend beyond August 30, 1987. 3. Applicant shall prepare detailed plans, submit application forms, and pay fees as required by the grading ordinance for a grading permit. 4. Applicant shall provide dust control and site scarification as required by the grading ordinance. 5. Applicant shall submit compaction tests and other soils reports as required by the grading ordinance, to the approval of the Chief Building Official. R 6226 4' Y Councilman Settle Councilwoman Dovey ON motion of seconded by and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None R RON DUNIN ATTEST Ci y Clerk Pam Vo es APPROVED City Administrative Officer VAttey . ........... City . . .. ... . Community Development Department (thief Building Official i'�ry c .�. a �f���� RESOLUTION NO. 6225 (1987 SERIES) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF JENNIFER STREET EAST OF RACHEL STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon the a portion of right -of -way of Jennifer Street, east of Rachel Street, as shown on the map marked "Exhibit A" attached hereto and incorporated herein by such reference, pursuant to Section 8300 et. seq. of the Streets and Highways Code. SECTION 2. The proposed street abandonment is granted a negative declaration and will not have a significant adverse effect on the environment. SECTION 3. Copies of the map showing the particulars of the proposed abandonment are also on file in the office of the City Clerk. SECTION 4. Tuesday, July 7, 1987, .in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 5. This resolution, together with the ayes and noes, shall be published once in full at least three (3) days before the public hearing on the proposed abandonment, in the Telegram- Tribune, a newspaper published and circulated in this city. SECTION 6. The City Engineer shall post at least three (3) notices of the proposed abandonment along that portion of the street proposed to be abandoned at least fourteen (14) days before the date set for hearing in accordance with section 8322 of the Streets and Highways Code. SECTION 7. The proceeding to be taken will be subject to the installation of necessary street improvements by the adjacent property owner(s), and subject to any other conditions the council deems appropriate. R 6225 Resolution No. 6225 (1987 Series) Page 2 SECTION 8. The City Engineer shall notify utility companies affected by the proposed abandonment at least ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways Code. On motion of Councilman Settle seconded by Councilwoman Dovev . 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 2nd day of June 1987. �.e� ayor on Dunin ITT DT* City lerk Pam Voge APPROVED: City Administrative df ficer City Atto 6 ey Community Development Director 2 z cl LU CL Z 0 Afo.4 45 r un z LU I co I 0 0 Ul 7-1 cm - CMI J 1 .•.. 110 0 ;� cz (.D T cm los M ,.Q. L33Ul.S A3ZVAASA.-, o 6o: o I o i (9 1 11 1 1 vt ■ r� QQ 2 z cl LU CL Z 0 Afo.4 45 r un z LU I co I 0 0 Ul 7-1 cm - CMI J 1 .•.. 110 0 ;� cz (.D T cm los M ,.Q. L33Ul.S A3ZVAASA.-, o 6o: o I o i (9 1 11 1 1 vt ■ CA l> (C/70 7/7 AqeltC✓a -7F