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
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'��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
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�f �j �S . �' C/0 Gr�Gf�C,��
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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
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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�
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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
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�kw- Z 0 b 0:1 W 01 DOD' k, K04 1W WAKS e)a ki to
:0.0
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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� � `/
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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
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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
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City A orney
in nce Direct
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Public Works Director AV
(1987 Series)
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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
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City gineer
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by
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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
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CITY CLERK PAM OGES
Approved as to form:
Ar-- ---�
City A 0 orney
city gineer
Agr -1379
by
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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
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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��
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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
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