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HomeMy WebLinkAbout6300-6324RESOLUTION N0: 6324 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AWARDING CONTRACT TO LEE WILSON ELECTRIC COMPANY AND TRANSFERRING MONEY FOR CONSTRUCTION OF THE PROJECT WHEREAS, the City received bids for "Traffic Signal Installation and Road Widening Project, South Higuera at Los Osos Valley Road, City Plan No. M -01C," and WHEREAS, the low bid was received from Lee Wilson Electric Co. of Arroyo Grande, California in the amount of $57,982.50, NOW THEREFORE BE IT RESOLVED, the following items: 1. Accept the low bid from Lee Wilson Electric Company of Arroyo Grande. 2. Authorize the Mayor to sign a contract on behalf of the City for the following: PROJECT: Traffic Signal Installation and Road Widening Project, South Higuera and Los Osos Valley Road, City Plan No. M -01C. ESTIMATE: $61,000.00 ACCOUNT NO.: 040- 9836- 092 - 572.,, BIDDER: Lee Wilson Electric Co., Arroyo Grande, CA BID AMOUNT: $57,982.50 3• Direct City Clerk to prepare the appropriate documents for signature by the successful bidder and the Mayor. 4. Direct the City Finance Director to transfer $63,780.00 from the Capital Outlay Fund Capital Facilities Plan Allocation to 040- 9836 -092 -572, City Plan No. M -01C. R 6324 On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: Councilman Griffin the foregoing resolution was passed and adopted this 15th day of September 1987. #RXY`OR RON DUNIN ATTEST: D-- a , S CITY C ERK PAM VOGE r r r r r *.• APPROVED: City Administrative Officer City gineer b 15 /mO 1 cawar d by 0 647 Con�`roc�r , RESOLUTION NO. 6323 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL AND UPHOLDING ACTION TAKEN BY THE BUSINESS IMPROVEMENT ASSOCIATION (BIA) DENYING USE OF A SPECIFIC SPACE DURING THE THURSDAY NIGHT ACTIVITIES. WHEREAS, the Business Improvement Association Board denied an appeal by Michael Frucht of Michael's Delicatessen to use the space at 785 Higuera to sell products from his business at their meeting on July 14, 1987; and WHEREAS, Michael Frucht appealed this decision by the Business Improvement Association Board on July 14, 1987; and WHEREAS, on September 1, 1987, the City Council of the City of San Luis Obispo conducted a public hearing on said appeal and reviewed relevant evidence and testimony; NOW, THEREFORE, the Council resolves to deny the appeal and return the matter to the Business Improvement Association for resolution of the issues which prompted the appeal. The following findings are made: 1. The BIA is presently reviewing the rules and regulations governing Thursday Night Activities; 2. Upholding the appeal would be inconsistent with the practices set by the BIA and could establish an unfair precedent; and 3. Thursday Night Activities should be allowed to function through the BIA with a fair degree of flexibility. On motion of Councilman Settle, seconded by Councilwoman Rappa, and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None 6323 Resolution No. 6323 (1987 Series) Page 2 the foregoing resolution was passed and adopted this 1st day of September f 1987. ® I Ron Dunin ATTES . L,,,� V City Jerk Pam VALes APPROVED: City A ministrative Officer 6 City At rney Community Development Director 611 � � 0 michd � �c -� RESOLUTION NO.6322 (1987 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY FLOOD CONTROL DISTRICT 9 WHEREAS, the City of San Luis Obispo is a participant in San Luis Obispo County Flood Control District Zone 9; and WHEREAS, the City of San Luis Obispo is eligible for monies for designated repair and maintenance programs in city creeks. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The certain agreement attached hereto and incorporated herein by reference approving an agreement between the City of San Luis Obispo and San Luis Obispo County Flood Control District Zone 9 is hereby approved and the Mayor is authorized to execute the same. 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 ado d this 1st f September, 1987. ooeor! NIN ATT S CIT CLERK PAMELA VOGdb R 6322 Resolution No. 6322 (1987 Series) Page Two APPROVED: City A ministrative Officer City Attt ney /J v v � nance Director Public Works Director treets Manager dh b /cox /zone9council AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 9 AND THE CITY OF SAN LUIS OBISPO FOR STREAMBED CLEARING PROGRAM, GIANT REED ERADICATION PROGRAM, AND STREAMBED IMPROVEMENT PROGRAM This Agreement entered into the 1st. day of September , 1987, between the San Luis Obispo County Flood Control and Water Conservation District, Zone 9 (hereinafter referred to as "Zone 9 ") and the City of San Luis Obispo (hereinafter referred to as "City "); W I T N E S S E T H WHEREAS, Zone 9 since its inception, has had a streambed clearing program which encompasses the mainstreams of the San Luis Obispo Creek system; and WHEREAS, certain reaches of these streams lie within the City of San Luis Obispo; and WHEREAS, the City has also had a streambed clearance program; and WHEREAS, the program within the City of San Luis Obispo should be more economically performed if one agency accomplished the streambed clearance program; and WHEREAS, such a cooperative program was successfully carried out in the last four fiscal years; and WHEREAS, Zone 9 work has been accomplished with the cooperation of personnel from the California Conservation Corps; and WHEREAS, a continuation of the cooperative program between Zone 9 and the City could still involve the assistance of the California Conservation Corps; and WHEREAS, it is in the public interest that Zone 9 and the City understand and agree to the services to be performed by each with respect to the streambed clearing program; and WHEREAS, a growth of Giant Reeds in the Zone 9 watershed have proved to be a flood control problem; and WHEREAS, appropriate maintenance management leading to the control and /or eradication of the Giant Reed is necessary; and Fig 7. 5. All streambed maintenance work provided for by this agreement shall be done in accordance with the following provisions of the 1979 Memorandum of Understanding: "Work performed under this agreement will be conducted within the following streams: a. San Luis Obispo Creek b. Lower watershed of Laguna Lake, including Prefumo Creek but not Sycamore Creek C. Old Garden Creek to Foothill Boulevard d. Stenner Creek e. Brizziolari Creek Local drainage facilities such as subdivision drains, curbs, gutters and streets and minor drainage ways not listed above would be the responsibility of the jurisdiction within which boundaries the facility lies, or the responsibility of the private property owner if the facility is not publicly owned. The streambed maintenance work is envisioned to generally involve removal of debris which adversely affects the capacity of the waterways or which might create a greater expense for its removal at a different location if moved by flood flows at a later date. It would also involve some streambed vegetation maintenance to maintain streambed capacity. It would not :include streambed maintenance to the origin of each stream but primarily include the lower reaches of each stream system. It would not include abatement of flood hazards under the City's abatement ordinances. It is also understood that all streambed maintenance work will be performed under permit from the State Fish & Game. Permits for work inside the City limits shall be obtained by the City. Permits for work outside of the City limits shall be obtained by the County Flood Control Zone 9." The streambed maintenance program is .a flood control program and City shall use funds provided under this agreement for only that purpose. Consistent with previous practices, there shall be an annual reconnaissance survey made by City and County within their respective jurisdictions of needed works and such shall be done i C: • reasonably before the rainy season in order that the needed streambed clearing program can be carried out prior to the rainy season with follow -up work done during the rainy season as appropriate. 8. For control of vegetation, principally willows, the streambed maintenance program ma.y be accomplished with the use of State Fish & Game approved herbicides. In this regard, Zone 9's spray equipment will be made available to City forces and Zone 9 herbicides will be made available to City forces if City so desires and the costs thereof are to be included in the City's share of the work. 9. Within the City of San Luis Obispo, City shall be responsible for acquiring any landowner permission needed to accomplish the streambed clearing program. The City shall be responsible for acquiring any landowner permission to accomplish the Giant Reed control and /or eradication program. 10. The City shall act as the lead agency in complying with the California Environmental Quality Act for work done within the City limits. 11. Zone 9 will assist City in obtaining California Conservation Corps' cooperation on work within the City limits and will be responsible for arrangements with the California Conservation Corps for work outside of the City limits but within the Zone 9 boundaries. 12. Should the streambed clearing program within the City involve the abatement of nuisances, the removal of trees, or the like, such shall be performed in accordance with due process of law under the City's abatement ordinances or State law and shall be the sole responsibility of City. STREAMBED IMPROVEMENT PROGRAM: 13. Zone 9 shall. provide funding up to an amount of $200,000 to the City for the City to accomplish the streambed improvement projects program. 14. City shall perform all design drawings and related services for the st`rea.mbed improvement projects.. City shall also act as the M a lead .agency in complying with the California Environmental Quality Act. 15. Zone 9 shall reimburse City for not more than $200,000 for said streambed improvement projects program and any expenditures made by City in excess of that amount shall be paid at the sole expense of City. Before City shall undertake any said streambed improvement project, City shall identify the project to Zone 9 and obtain the approval of Zone 9. 16. Maintenance. City shall maintain all completed works at no cost to Zone 9. 17. Ownership and Liability. City shall assume ownership and liability for the completed works. GENERAL TERMS: 18. Term. This agreement will commence on July 1, 1987 and terminate on June 30, 1988. 19. Indemnification and Sole Conduct. Each party hereto shall defend, indemnify and save harmless the other party and other party's officers, agents and employees from and against all claims, demands, liability cost, expense, damages, causes of action, including but not limited to inverse condemnation and judgments arising out of the sole negligence or sole intentional acts of the party or its officers, agents or employees or independent contractors solely responsible to such party in performing or attempting to perform pursuant to the provisions of this agreement including both acts and omissions to act. 20. Indemnification for joint conduct between Zone 9 and the City. The City shall defend, indemnify and save harmless County, and its officers, agents and employees from and against any and all claims, demands, liabilities, costs, expenses, damages, causes of action including but not limited to inverse condemnation and judgments arising out of the joint negligence or joint intentional acts of City and Zone 9 and their officers, agents, employees or independent contractors directly responsible to them in performing or attempting to perform pursuant to the 5 WHEREAS, it is in the public interest that Zone 9 and the City cooperate on the needed Giant Reed control and /or eradication program; and WHEREAS, the Zone 9 Advisory Committee has considered small improvement projects for erosion control and flood control benefits; and WHEREAS, it is to the mutual benefit of the Flood Control Zone 9 and the City to cooperate on the needed small improvement projects; and WHEREAS, the 1987 -88 budget appropriation includes $812707 for the streambed clearing program and the Giant Reed Eradication Program. WHEREAS, the 1987 -88 budget appropriates $211,377 for small improvement projects. NOW, THEREFORE, in consideration of the mutual covenants, conditions,, promises and agreements herein set_ forth, Zone 9 and City mutually covenant and agree as follows: STREAMBED CLEARING AND GIANT REED ERADICATION PROGRAM: 1. Zone 9 and City will accomplish streambed clearing within the San Luis Obispo Creek watershed with the City being responsible for the prompt and., efficient execution of the entire program within the City limits and Zone 9 being responsible for the prompt and efficient execution of the balance of the program in the unincorporated portion of the zone. 2. Zone 9 will provide funds to the City for the City to accomplish the Giant Reed control and /or eradication program within Zone 9. 3. The City shall be provided not more than $46,400 of the funds budgeted in Zone 9 in the. 1986 -87 fiscal year for the streambed clearance program and an additional sum of not. more than $30,000 for the Giant Reed control and /or eradication program. 4. Zone 9 will reimburse the City, within the limits set forth in paragraph 3 above, upon receipt of evidence of work performed on.the basis of monthly statements submitted for payment. 2 provisions of this agreement including both acts and omissions and to act provided however that County shall be solely responsible for the amount of judgment rendered solely against the Zone 9 or one of its agents or employees if such judgment is specifically rendered in court finding of responsibility by Zone 9 or one of its agents or employee.s for an act of negligence and City shall not be required to indemnify. Zone 9 for such judgment. Likewise City shall be solely responsible for any judgment rendered solely against it or its agents or employees which is based upon acts or omission by it or one of its agents or employees. 21. Zone 9 agrees to cooperate with City_ in the defense of any such claims or litigations. IN WITNESS WHEREOF Zone 9 and City have executed thi.s contract on the day and year first hereinabove sett forth. SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, Zone 9 By Chairman of the Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel Em Dat ATTES S City Clerk, Pamela &ges M /nt 4098x 0013x R By: / r� t-� �r--v Ci y At rney, R er Picquet Dated: CITY OF SAN LUIS OBISPO BY: a -yo r, u n i n ! 0 RESOLUTION NO. 632.1 (1987 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SAN LUIS OBISPO AREA COORDINATING COUNCIL BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and San Luis Obispo Area Coordinating Council is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo Area Coordinating Council, County Government Center, San Luis Obispo, CA 93408. On motion of 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 1st day of September, 1987. or Ron Dunin ATTEST: amt&= urt� City Ilerk Pamela Voge APPROVED: City dministrative Officer City Attorney R 6321 C, FY 87/88 EXHIBIT "r JOINT POWERS AGREEMENT SAN LUIS OBISPO AREA COORDINATING COUNCIL THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended on November 4, 1982, and September 19, 1984, by and among such of the incorporated cities of Arroyo Grande, Atas- cadero, E1 Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement, hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500, et seq., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto, by virtue of Sections 65600 through 65604, inclusive, of the California Government Code have the joint and mutual power to create an area planning commission, herein designated "San Luis Obispo Area Coordinating Council." WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and o JOINT POWERS AGREEMENT PAGE 2 WHEREAS, Section 29532, California Government Code, provides that such a Planning and Coordinating Council shall be designated the Regional Transportation Planning Agency to act in matters of transit and transportation planning; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solutions to .common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various governmental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, creation of such an agency and action by it upon certain plans and programs is necessary to comply with requirements of federal and state legislation in order to participate in the allocation and disbursement of state and federal funds which may be desired by COUNTY and CITIES in the implementation of plans and programs which have been approved by their respective governing bodies. NOW, THEREFORE, it is agreed as follows: I. PURPOSE The San Luis Obispo Area Coordinating Council is organized for the permanent establishment of a forum for planning, discussion and study of area -wide problems of mutual interest and concern to COUNTY and to CITIES; for the development of studies and adoption of regional plans; to serve as a regional agency for certain federal and state programs; and for other actions commensurate with the desires of the member governments. JOINT POWERS AGREEMENT PAGE 3 II. NAME The official name of the organization hereby created shall be the "San Luis Obispo Area Coordinating Council." III. POWERS The San Luis Obispo Area Coordinating Council hereinafter called "Area Council," is hereby created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to "carry out the purposes hereinabove stated and to implement the annual work program approved by COUNTY and CITIES, including the power to contract for goods and services; to provide for employment of necessary personnel, experts and consultants; to accept gifts, loans, grants; and to administer the affairs of the Area Council hereby created in accordance with this Agreement. Pursuant to Section 6508.1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the Area Council shall not be the debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise provided herein. IV. MEMBERSHIP 1. Membership in the Area Council shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the 'future, are, declared eligible for membership in the Area Council. n � JOINT POWERS AGREEMENT PAGE 4 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the Area Council in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to the Area Council shall consist of the five members of the Board of Supervisors of the County of San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a -party to this Agreement, with each incorporated area being limited to one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. 3. Member agencies may elect to have an alternate member in addition to any official member., but said alternate shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or alternate, or changes thereto, shall be transmitted in writing to the Executive Director of the Area Council by the appointing city or the county. 5. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the Area Council may do so by executing this Agreement without prior approval or ratification of the named JOINT POWERS AGREEMENT PAGE 5 parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. V. OPERATION 1. The powers of the Area Council are advisory to the member agencies which execute this Agreement except for those actions mandated 'by state or federal law for the processing of applications submitted by any of the member agencies for federal and state grants or funds which require action by the Area Council. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, however, that the recommendations of the Area Council may have the effect of precluding any favorable action by an agency of the state of federal government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by Area Council pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said Area Council, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. o JOINT POWERS AGREEMENT PAGE 6 All costs incurred by Area Council performing functions as the regional transportation agency for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seq., Government Code as provided for therein. 3. Costs of Area Council for each fiscal year which are necessary for the ordinary operation of the Area Council, including but not limited to office space, furniture, supplies and postage; and excepting those functions performed as the regional transportation agency, shall be borne by COUNTY in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the Area Council shall be borne by contributions from the member entities as approved by their governing bodies. Costs of all activities undertaken by Area Council as the Regional Transportation Planning Agency shall be set forth in the budget as part of the annual work program of Area Council and shall be funded from the transportation fund pursuant to applicable state statutes. 4. The annual work program and budget, when adopted shall be the basis for operation of Area Council for the fiscal year. Any deviation from the work program affecting the budget shall be returned to the member agencies for approval. 5. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including two COUNTY representatives. No action shall be effective without the affirmative JOINT POWERS AGREEMENT PAGE 7 votes of a majority of representatives. However, eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote. The representatives to the Area Council shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of Area Council in an orderly manner. VI. OFFICERS 1. The officers of the Area Council shall consist of a President and Vice - President elected for a term of one year by a majority vote of member agency representatives to the Area Council. 2. Both the President and Vice - President of Area Council shall be elected at the May meeting (annual meeting). 3. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: a. President 1) Shall preside over all meetings of the Area Council as Chairman. 2)- Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said Area Council. 4) Shall be an ex- officio member of all committees. 5) Shall execute all contracts and legal documents on behalf of the Area Council. b. Vice- President 1) Shall serve as Chairman pro- tempor in the absence of the President. JOINT POWERS AGREEMENT PAGE 8 2) Shall give whatever aid necessary to the President in administering of the Area Council. 3) Shall be an ex- officio member of all committees. S. In the event of a vacancy occurring in the office of either the President or Vice - President upon said officer's death, resignation, removal or his ceasing to be an official representative of a member city of the County of San Luis Obispo, such vacancy will be filled.by majority -vote of the Area Council, the officer elected to serve for the balance of the unexpired term. VII. STAFF 1. The Area Council shall appoint an Executive Director to serve at its pleasure, who will perform the following duties and such others as may be assigned by Area Council. a. Prepare and submit the annual work program and budget to the Area Council for its approval and to the parties hereto for ratification. b. Shall keep an accurate account and file of all meetings. C. Shall disburse all funds in accordance with the policies of the County - Treasurer and the County Auditor/ Controller and the budget and work program adopted by the Area Council. d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the Area Council on all committees. JOINT POWERS AGREEMENT PAGE 9 f. Shall insure that Area Council renders a written year end report reflecting activities of the preceding fiscal year, said year end report to be distributed to each of the participating member bodies. g. Shall be responsible for directing those employees authorized by the Area Council in the budget. Employees are to be appointed by the Area Council on the recommendation of the Executive Director and to serve at the pleasure of the Area Council. 2. The Executive Director of the Area Council shall have charge of, handle and have access to, any property of the Area Council. 3. The Executive Director, Treasurer, and Auditor- Controller shall be bonded or self - insured through the county in -lieu of bonds (in accordance with Government Code Section 24156) in the sum of $1000. VIII. MEETINGS 1. Regular meetings of the Area Council shall be held at least six (6) times a year or at more frequent intervals as approved by the Area Council. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of the Area Council. Actual notice of special meetings must be given at least three (3) business days in advance. 3. Meetings shall be open to the public as required by state law. 1 \ l JOINT POWERS AGREEMENT PAGE 10 4. Regular meetings shall be generally held in the first week of January, March, May, July, September and November, or as specified in the annual meeting calendar adopted in May. The May meeting shall be designated the "annual meeting." S. The Executive Director of the Area Council will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of the Area Council or vote on any motion before the Area Council. 7. The meeting agenda shall be prepared by the Executive Director to the Area Council. Agenda material shall be submitted to the Executive Director at least twenty -one. (21) calendar days prior to the nest regular meeting and distributed to members at least fourteen (14) calendar days prior to the'next regular meeting to allow member agencies to advise their representatives on. tentative vote subject to independent judgement of delegate based on public testimony. Unless authorized by majority vote of the representatives at a regular meeting, only agenda items shall be considered by the Area Council. 8. The Area Council, at the discretion of the President, may memorialize any of its actions by resolution. 9. Robert's Rules of Order or such other rules as the Area Council may adopt will govern all proceedings not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. o JOINT POWERS AGREEMENT PAGE 11 11. The Area Council shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all Area Council meetings shall be kept by the Executive Director to the Area Council and shall be submitted to member agencies. IX. COMMITTEES 1. Committees and subcommittees may be established as the Area Council may deem appropriate. 2. Membership on committees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these aforesaid committees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a committee. Standing committees shall include the Administration Committee, comprised of all managers and administrators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agency planning officials nominated by their respective agencies; the Public Works Committee, comprised of all agency engineering officials nominated by their respective agencies; the Technical Transportation Advisory Committee (TTAC) and the Citizen's Transportation Advisory Committee (CTAC) as per the Memorandum of Understanding between the California Department of Transportation and the Area Council; and the Transit Productivity Committee as required by Section 99224 of the Public Utilities Code. The Area Council may organize such other technical advisory committees as it deems necessary to carry out Area Council functions. JOINT POWERS AGREEMENT PAGE 12 3. No committee shall commit the Area Council on any matter or questions of policy. Such matters or questions can only be decided by the Area Council. 4. All committees shall receive clerical assistance from the Area Council staff for the purpose of maintaining minutes of meetings and other such duties as the Executive Director may direct. The chairman of each committee shall sign the original copy of the minutes indicating his verification of contents. Copies of minutes of all meetings shall be sent to members of the Area Council and the Executive Director. X. FINANCE 1. The Area Council shall have no power to expend funds on any project for which funds have not been budgeted, nor on any item in excess of the budgeted amount without specific approval of two - thirds of the governing bodies of the member agencies including COUNTY. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and he shall have custody of all money of the Area Council from whatever source received. It is further understood that the Auditor/ Controller of the County of San Luis Obispo is, as such, auditor of the Area Council. XI. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of the Area Council or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come C) o JOINT POWERS AGREEMENT PAGE 13 before the Area Council, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. 2. Any party to this Agreement may withdraw from the San Luis Obispo Area Coordinating Council and terminate its participation in this agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. 3. A member withdrawing shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to Area Council, provided, however, that Area Council may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the Area Council. If any party hereto fails to pay its contribution, as determined by Area Council, said entity shall be deemed to have voluntarily withdrawn from the Area Council. 4. Area Council may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescision Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of Area Council in proportion to the contributions made. JOINT POWERS AGREEMENT PAGE 14 XII. EFFECTIVITY This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. RD /msl /hf /cl/0663 -1 /111 8 -11 -87 JOINT POWERS AGREEMENT PAGE 15 CITY OF ARROYO GRANDE By: Date: Mayor Clerk CITY OF ATASCADERO :is Resolution No. By: Date: Mayor Minute Order Clerk CITY OF GROVER CITY By: Date: Mayor Resolution No.. Clerk CITY OF MORRO BAY By: Date: Mayor Resolution No. Clerk CITY OF PASO ROBLES By: Date: Mayor Minute Order Clerk CITY OF PISMO BEACH By: Date Mayor Minute Order Clerk CITY OF SAN LUIS OBISPO By Date: Ron Dunin ATTEST: Resolution No. 6321 (1987 Series) 11 JOINT POWERS AGREEMENT PAGE 16 COUNTY OF SAN LUIS OBISPO BY: Date: Chairman Clerk ms /hf /cl/0663 -1 /111_ 8/11/87 Minute Order , I RESOLUTION NO. 6320 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY YOUTH SYMPHONY FOR CITY TO PAY ASSOCIATION $1,820.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and San Luis Obispo County Youth Symphony is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo County Youth Symphony; City Finance Director. 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 first day of September, 1987. ®-- waft YOR RON DUNIN ATTES CITY LERK PAM t GES s* x s s s s s s x Approved: ity Adlgi4istratM Officer City At inance Director R 6320 EXHIBIT "A" O A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 SAN LUIS OBISPO COUNTY YOUTH SYMPHONY This agreement is made and entered into this first day of September 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal, corporation (referred to herein as "City "), and SAN LUIS OBISPO COUNTY YOUTH SYMPHONY (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct . its program; and WHEREAS. City has appropriated One Thousand Eight Hundred Twenty Dollars ($1,820) in the 1987 -88 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of One Thousand Eight Hundred Twenty Dollars ($1,820) to be expended for the publicity and production of concerts to be held by Association during the 1987 -88 concert season. 2. On or before October 1, 1988, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending September 1, 1988. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contribu- tions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and partici- pants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors, or volun- teers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 1 5. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Association: San Luis Obispo County Youth Symphony P.O. Box 430 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: CITY: SAN LUIS OBISPO COUNTY YOUTH SYMPHONY CITY OF SAN LUIS OBISPO By: Name: F��•�A�� t_ �RcUrJ Title: P�2 By: Name: Title: 2 By: qw"MM-fti in Mayor ATTEST: v Pam a Voges City Clerk 6 RESOLUTION NO. 6319 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND MUSIC AND THE ARTS FOR YOUTH (M.A.Y.) FOR CITY TO PAY ASSOCIATION $1,200.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and Music and the Arts for Youth (M.A.Y.) is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: M.A.Y.; City Finance Director. On motion of Councilwoman Dovey, seconded by Councilwoman Rappa, and wl 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 first day of September, 1987. OR RON DUNIN ATTEST: r V CITY C ERK PAM VOG s s s s s s s s s x Approved: ty Ad;ini,str4tive Officer City At rec R 6319 U11101 I ­V A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 MUSIC AND THE ARTS FOR YOUTH (M.A.Y.) This agreement is made and entered into this first day of September 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and MUSIC AND THE ARTS FOR YOUTH (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists: and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and WHEREAS, City has appropriated One Thousand Two Hundred Dollars ($1,200) in the 1987 -88 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay.Association the sum of One Thousand Two Hundred Dollars ($1,200.00) to be expended for flyers and posters for two events payable upon receipt of invoices for same. 2. On or before April 14, 1988. Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1988. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contribu- tions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and partici- pants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors, or volun- teers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees-to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 1 r L 5. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Association: Music and the Arts for Youth 523 Higuera Street San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: MUSIC AND THE ARTS FOR YOUTH By: Name: 1l�t S' Title: By: _ Name: Title _ 2 CITY: CITY OF SAN LUIS OBISPO ® t By: Ron Dunin Mayor ATTEST: Fame a Voges City Clerk V RESOLUTION NO. 6318 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE POLY ROYAL BOARD FOR CITY TO PAY ASSOCIATION $3,000.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and the Poly Royal Board is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Poly Royal Board; City Finance Director. 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 first day of September, 1987. DUNIN ATTEST: r CITY CLERK PAM VO s s s s* s s s s s Approved: R 6318 EXHIBIT «A„ D A_G R E E M E_N_T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 POLY ROYAL BOARD This agreement is made and entered into this first day of September 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and POLY ROYAL BOARD (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and WHEREAS, City has appropriated Three Thousand Dollars ($3,000) in the 1987 -88 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of Three Thousand Dollars ($3,000) to be expended for advertising, payable on presentation of invoices after expenditure for same. 2. On or before April 14, 1988, Association will provide City with a detailed statement.of its income and expenses for the previous twelve- month period ending March 31, 1988. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contribu- tions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and partici- pants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors, or volun- teers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 1 5. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Association: Poly Royal Board P.O. Box 19 California Polytechnic State Univ. San Luis Obispo, CA 93407 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: POLY ROYAL Name: Title: By: _ Name: Title _ I E CITY: CITY OF SAN LUIS OBISPO 9 on Dunin Mayor ATTEST: Pamela voges City Clerk C RESOLUTION NO. 6317 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND FRIENDSHIP SCHOOL, INC. FOR CITY TO PAY ASSOCIATION $300.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and Friendship School, Inc., is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to; Friendship School, Inc.; City Finance Director. 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 first day of September, 1987. YOR RON DUNIN ATTEST: Q'� V CITY LERK PAM VO S Approved: City Adkinistratlke officer City At Fingfice Director R 6317 A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 FRIENDSHIP SCHOOL, INC. This agreement is made and entered into this first day of September 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and FRIENDSHIP SCHOOL, INC. (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and WHEREAS, City has appropriated Three Hundred Dollars ($300.00) in the 1987 -88 Budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of Three Hundred Dollars ($300.00) to be expended for promotional purposes as requested. 2. On or before April 14, 1988, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1988. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contribu- tions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and partici- pants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors, or volun- teers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person act -ing on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 10 5. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 Association: Friendship School, Inc. P. 0. Box 1451 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: FRIENDSHIP SCHOOL, INC. KIM • • �. By: _ Name:_ Title: 17 CITY: CITY OF SAN LUIS OBISPO l By psi on Dunin Mayor ATTEST: V Pamel Voges City Clerk RESOLUTION NO. 6316 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY SYMPHONY ASSOCIATION FOR CITY TO PAY ASSOCIATION $6,040.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and San Luis Obispo County Symphony is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo County Symphony Association; City Finance Director. 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 first day of September, 1987. OR RON DUNIN ATTEST: 7wn U CITY CNERK P.A24 VO S Approved: R 6316 5. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Association: San Luis Obispo County Symphony Association 1160 Marsh Street (P.O. Box 658 - 93406) San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: SAN LUIS OBISPO COUNTY SYMPHONY ASSOCIATION BNC :/f ViA o in SA / I L ann, :Fi1 . i /. II J A : ■ L� J By: — Name: Title: P� CITY: CITY OF SAN LUIS OBISPO ......s f By on Dunin Mayor ATTEST: �?��U' A Pam a V o g e s City Clerk A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 SAN LUIS OBISPO COUNTY SYMPHONY ASSOCIATION This agreement is made and entered into this first day of September 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and the SAN LUIS OBISPO COUNTY SYMPHONY ASSOCIATION (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and WHEREAS, City appropriated Six Thousand Forty Dollars ($6,040) in the 1987 -88 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of Six Thousand Forty Dollars ($6,040) to be expended for use as requested. 2. On or before.October 1, 1988, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending September 1, 1988. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contribu- tions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and partici- pants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors, or volun- teers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 1 0 RESOLUTION NO. 6315 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND E.O.C. - CHILD CARE RESOURCE CENTER FOR CITY TO PAY ASSOCIATION $4,000.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and the E.O.C. - Child Care Resource Center is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: E.O.C. - Child Care Resource Center; City Finance Director. 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 first day of September, 1987. WOMMMMMMEW 10 \i �i era MAYOR RON DUNIN ATTEST: l dam+. v CITY C RK PAM VOGES s s s s s s s s s s Approved: R 6315 tAHIIJI i •.p„ 0 A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 E.O.C. - CHILD CARE RESOURCE CENTER This agreement is made and entered into this first day of September, 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and E.O.C. - CHILD CARE RESOURCE CENTER (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and WHEREAS, City has appropriated Four Thousand Dollars ($4,000) in the 1987 -88 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: I. City agrees to pay Association the sum of Four Thousand Dollars ($4,000) to be expended for advertising in the L.A. Times. 2. On or before April 14, 1988, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1988. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contribu- tions, or scholarships to any other organization or individual.. 4. Association and all of its agents, representatives, and partici- pants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors, or volun- teers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 1 � � Q 5. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Association: E.O.C. - Child Care Resource Center 880 Industrial Way San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: ECONOMIC OPPORTUNITY COMMISSION Name: Title: v l -' By: _ Name: Title: CITY: CITY OF SAN LUIS OBISPO By: -- n uriin Mayor ATTEST: __ Pamel Voges City lerk RESOLUTION NO. 6314 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND PACIFIC REPERTORY OPERA FOR CITY TO PAY ASSOCIATION $1,000.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and the Pacific Repertory Opera is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a Copy of the executed agreement approved by it to: Pacific Repertory Opera; City Finance Director. 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 first day of September, 1987. MAYOR DUNIN ATTEST: CITY LERK PAM VO tS Approved: City Adm�Aist� fficer City Atto Fiv6nce Director R 6314 EXHIBIT "A" 0 G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 PACIFIC REPERTORY OPERA This agreement is made and entered into this first day of September 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and PACIFIC REPERTORY OPERA (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and WHEREAS, City has appropriated One Thousand Dollars ($1,000) in the 1987 -88 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of One Thousand Dollars ($1,000) to be expended for flyers, programs and brochures, as requested. 2. On or before April 14, 1988, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1988. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contribu- tions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and partici- pants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors, or volun- teers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 1 5. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Association: Pacific Repertory Opera 1732 Southwood Drive San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: CITY: PACIFIC REPERTORY OPERA CITY OF SAN LUIS OBISPO ,,(� Inn -� a By: XJ \n 0 V1 ( A,%" VV�o By. Name: _A-V" M0..�o n Dunin Title.: iP L; I Cs Mayor ATTEST: By: Name: Pame a Voges- Title: City Clerk F RESOLUTION NO. 6313 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO CRITERIUM FOR CITY TO PAY ASSOCIATION $3,000.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and the San Luis Obispo Criterium is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo Criterium; City Finance Director. 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 first day of September, 1987. d a s i� f0 OR UNIN ATTEST: Q-1'— L) r-r42-2 CITY LERK PAM VO S s x t s s m s s s t Approved: R 6313 C tAH1 o1 "All � A G R_E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 SAN LUIS OBISPO CRITERIUM This agreement is made and entered into this first day of September 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and SAN LUIS OBISPO CRITERIUM (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and WHEREAS, City has appropriated Three Thousand Dollars ($3,000) in the 1987 -88 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of Three Thousand Dollars ($3,000) to be expended as requested. 2. On or before April 14, 1988, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1988. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contributions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and partici- pants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors, or volun- teers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 1 5. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Association: San Luis Obispo Criterium P.O. Box 13642 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: SAN LUIS OBISPO CRITERIUM By: Name: R Ko Title: I 'eC U By: _ Name:_ Title: CITY: CITY OF SAN LUIS OBISPO By: on Dunin Mayor ATTEST: ptu� U _. Pamel Voges City Clerk C 0 RESOLUTION NO. 6312 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY BAND, INC. FOR CITY TO PAY ASSOCIATION $2,000.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and San Luis Obispo County Band, Inc. is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo County Band, Inc.; City Finance Director. 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 first day of September, 1987. RON DUNIN ATTEST: ' q V CITY C RK PAM VOGO Approved: City Administrative Officer City Al#orney Finance Director R 6312 A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 SAN LUIS OBISPO COUNTY BAND, INC. This agreement is made and entered into this first day of September 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and SAN LUIS OBISPO COUNTY BAND, INC. (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and WHEREAS, City has appropriated Two Thousand Dollars ($2,000) in the 1987 -88 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of Two Thousand Dollars (.$2,000) to be expended for a P.A. system. 2. On or before October 1, 1988, Association will provide City with a detailed statement.of its income and expenses for the previous twelve- month period ending September 1, 1988. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contribu- tions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and partici- pants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors, or volun- teers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 1 �1 I' 5. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Association: San Luis Obispo County Band, Inc. 446 Corrida Drive San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: CITY: SAN LUIS OBISPO COUNTY BAND, INC. CITY OF SAN LUIS OBISPO By:,:b _ fh�a' Bye Name: ADZ L. La Ron Dunin Title: '\ r Mayor ATTEST: By: D,,L,) Name: Pam la Voges Title: City Clerk 2 3 RESOLUTION NO. 6311 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY ARTS COUNCIL FOR CITY TO PAY ASSOCIATION $3,000.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and the San Luis Obispo County Arts Council - Operational is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo County Arts Council; City Finance Director. 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 first day of September, 1987. YOR RON DUNIN ATTEST: I , Q" V CITY CLEIV PAM VOGES s s* s* s s s s s Approved: ity Aftjnistra)�jve-lKficer City At e Director R 6311 EXHIBI i 66A99 • A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 SAN LUIS OBISPO COUNTY ARTS COUNCIL This agreement is made and entered into this first day of September 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and the SAN LUIS OBISPO COUNTY ARTS COUNCIL (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and WHEREAS, City has appropriated Three Thousand Dollars ($3,000.00) in the 1987 -88 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of Three Thousand Dollars ($3,000.00) to be expended for Fringe Festival flyers and catalogs as requested. 2. On or before April 14, 1988, Association will provide. City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1988. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contribu- tions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and partici- pants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors, or volun- teers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. i 5. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Association: San Luis Obispo County Arts Council P. 0. Box 1710 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: SAN LUIS OBISPO COUNTY ARTS COUNCIL By: IMAA02J)07y� u114 \ Qi11/ By: _ Name:_ Title: 6 CITY: CITY OF SAN LUIS OBISPO �® o By: On Dunin Mayor ATTEST: �,' Doe, V Pam la Voges City Clerk RESOLUTION NO. 6310 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND CUESTA COLLEGE FOUNDATION, INC. FOR CUESTA COLLEGE COMMUNITY SERVICES FOR CITY TO PAY ASSOCIATION $4,000.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and Cuesta College Foundation, Inc. for Cuesta College Community Services is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Cuesta College; City Finance Director. 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 first day of September, 1987. MAYOR RON DUNIN ATTEST: eQk=, ) tj4N-�� CITY LERK PAj VO s s s s s s s s s s Approved: R 6310 EXHIBIT "A" � A G R E E M E N_T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 CUESTA COLLEGE FOUNDATION, INC. FOR CUESTA COLLEGE COMMUNITY SERVICES This agreement is made and entered into this first day of September 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and CUESTA COLLEGE FOUNDATION, INC., FOR CUESTA COLLEGE COMMUNITY SERVICES (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and WHEREAS, City has appropriated Four Thousand Dollars ($4,000.00) in the 1987 -88 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of Four Thousand Dollars ($4,000.00) to be expended for Forum lecturers and Seniors Day as requested. 2. On or before April 14, 1988, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1988. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contribu- tions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and partici- pants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors, or volun- teers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of Page 1 the City including, without limitation, all actions and claims based upon contract, tort., or statutory provisions. 5. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Association: Cuesta College Foundation, Inc. for Cuesta College Community Services P.O. Box 8106 San Luis Obispo, CA 93403 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the.date first written above. ASSOCIATION.: CUESTA COLLEGE COMMUNITY SERVICES By. Name Oz;�clrw r Z` Title: V By: _ Name: Title _ CITY: CITY OF SAN LUIS OBISPO Page 2 / ® 7 Ron Dunin Mayor ATTEST: P"'� ( Pame a Voges City Clerk RESOLUTION NO. 6309 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO VOCAL ARTS ENSEMBLE FOR CITY TO PAY ASSOCIATION $1,200.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and San Luis Obispo Vocal Arts Ensemble is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo Vocal Arts Ensemble: City Finance Director. 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 first day of September, 1987. ATTEST: �.0 CITY ERK PAM VOGE * * * * * * * * * * Approved: City Adt�nis-t��fficer City A e Director R0N DUNIN R 6309 WWI f An 0 A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 SAN LUIS OBISPO VOCAL ARTS ENSEMBLE. This agreement is made and entered into this first day of September 1987, by and between the CITY OF SAN LUIS OBISPO. a chartered municipal corporation (referred to herein as "City "), and SAN LUIS OBISPO VOCAL ARTS ENSEMBLE (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and WHEREAS, City has appropriated One Thousand Two Hundred Dollars ($1,200) in the 1987 -88 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of One Thousand Two Hundred Dollars ($1,200) to be expended for music and risers ($600 each) as requested. 2. On or before April 14, 1988, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1988. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contribu- tions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and partici- pants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors, or volun- teers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all.actions and claims based upon contract, tort, or statutory provisions. 1 5. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Association:, San Luis Obispo Vocal Arts Ensemble P. 0. Box 6694 1 Los Osos , CA 9342 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: CITY: SAN LUIS OBISPO VOCAL ARTS ENSEMBLE CITY OF SAN LUIS OBISPO By. w /1ll'k k i By • Name: +' unin Title: /ZrU //iL YI Mayor ATTEST: By: Q., 0, Name: Pamel Voges Title: City Lerk 17 RESOLUTION NO. 6308 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO ART ASSOCIATION FOR CITY TO PAY ASSOCIATION $4,000.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and San Luis Obispo Art Association is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo Art Association; City Finance Director. On motion of Councilwoman Dovey seconded by Councilwoman Rappq 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 first day of September, 1987. 0INYOR RON DUNIN ATTEST: + ) CITY CL RK PAM VOGES s s s s s s m s s s Approved: ity Adq�qistratiyq Officer ity At e Director R 6308 EXHIBIT "Ally A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 SAN LUIS OBISPO ART ASSOCIATION This agreement is made and entered into this first day of September 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and the SAN LUIS OBISPO ART ASSOCIATION (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and NOW THEREFORE'. 1. City agrees to pay Association the sum of Four Thousand Dollars ($4,000) to be expended for "week -end staff" and extra $1,000 for promotion and advertising. 2. On or before October 1, 1988, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending September 1, 1988. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contribu- tions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and partici- pants in any manner in the performance of Association.'s obligations and duties hereunder shall be employees, independent contractors, or volun- teers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 1 5. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Association: San Luis Obispo Art Association P.O. Box 813 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: SAN LUIS OBISPO ART ASSOCIATION By:- )' Cd Name: 1 Lt L4a;;�OL Title. By: _ Name:_ Title: CITY: CITY OF SAN LUIS OBISPO Ron Dunin Mayor ATTEST: Pamela Voges City Clerk FRI RESOLUTION NO. 6307 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO LITTLE THEATRE FOR CITY TO PAY ASSOCIATION $2,000.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and San Luis Obispo Little Theatre is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo Little Theatre; City Finance Director. On motion of Councilwoman Dovey , seconded by Councilwoman Rapper 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 first day of September, 1987. R RON DUNIN ATTEST• j CITY &ERK PAM VO Approved: City Adjonistra City A nance Director R 6307 EX11101 "A" A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 SAN LUIS OBISPO LITTLE THEATRE This agreement is made and entered into this first day of September 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and SAN LUIS OBISPO LITTLE THEATRE (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo: and WHEREAS, Association has requested City to grant it funds to conduct its program; and WHEREAS, City has appropriated Two Thousand Dollars ($2,000) in the 1987 -88 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of Two Thousand Dollars ($2,000) to be expended for promotion and media advertising, as displayed and requested. 2. On or before April 14, 1988, Association will provide. City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1988. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contribu- tions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and partici- pants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors, or volun- teers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an.allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 1 5. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses:. City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Association: San Luis Obispo Little Theatre P.O. Box 122 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: SAN LUIS OBISPO LITTLE THEATRE By: Na e: dme5 N/ &,i Ti o�4nr�c�- By: _ Name: Title _ 2 CITY: CITY OF SAN LUIS OBISPO �o By: on Duni e n Mayor ATTEST: V Pamela Voges City C erk i RESOLUTION NO. 6306 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND ARTERNATIVES: A VISUAL ART FORUM FOR CITY TO PAY ASSOCIATION $1,000.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and Arternatives: A Visual Art Forum is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Arternatives: A Visual Art Forum; City Finance Director. 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 first day of September, 1987. eo � toNA-YOR RON DUNIN ATTEST• I ) _ V CITY Ck1ERK PAM VO * * * * * * * * * * Approved: City A4ministpg4ime Officer City AVggrney Fl,hance Director R 6306 4 EXHIBIT "A" A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 ARTERNATIVES: A VISUAL ARTS FORUM This agreement is made and entered into this first day of September 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and ARTERNATIVES: A VISUAL ARTS FORUM (referred to herein as "Association); WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and; WHEREAS, City has appropriated One Thousand Dollars ($1,000) in the 1987 -88 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of One Thousand Dollars ($1,000) to be expended for advertising purposes, contingent upon non - profit status. 2. on or before October 1, 1988, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending September 1, 1988. 3. Association and all of its agents, representatives, and participants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors or volunteers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 1. w 0 4. For purpose of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -8100 Association: ARTernatives: A Visual Arts Forum P.O. Box 14603 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized, as of the date first written above. ASSOCIATION: ARTERNATIVES: A VISUAL ARTS FORUM By: 2 CITY: CITY OF SAN LUIS OBISPO ® :� By: �e cAn-A on Dunin, Mayor ATTE T: Pamel Voges, City Clerk RESOLUTION N0.6305 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO MOZART FESTIVAL ASSOCIATION FOR CITY TO PAY ASSOCIATION $6,040.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and San Luis Obispo Mozart Festival Association is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo Mozart Festival Association; City Finance Director. 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 first day of September, 1987. ON DUNIN ATTEST: I �-� " V CITY &LERK PAM VO S Approved: �-- u1_ i/ City Ad iinist,,rative Officer City Att/jrney ce birector R 6305 C' WIS H "A» 0 A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 SAN LUIS OBISPO MOZART FESTIVAL ASSOCIATION This agreement is made and entered into this first day of September 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and SAN LUIS OBISPO MOZART FESTIVAL ASSOCIATION (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and WHEREAS, City has appropriated Six Thousand Forty Dollars ($6,040) in the 1987 -88 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of Six Thousand, Forty Dollars ($6,040) to be expended for brochures and posters as requested. 2. On or before October 1, 1988, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending September 1, 1988. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contribu- tions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and partici- pants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors, or volun- teers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. • 1 5. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Association: San Luis Obispo Mozart Festival Assn. P.O. Box 311 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: SAN LUIS OBISPO MOZART FESTIVAL ASSN By: Nam H. %Jottd U1 Title: 1/1 (-c - PRF;.loWr By: _ Name: Title: pq CITY: CITY OF SAN LUIS OBISPO By. ORTT-unin Mayor ATTEST: - )-o-U,- Pamela Voges City Clerk 1 RESOLUTION NO. 6304 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND CENTRAL COAST CHILDREN'S THEATRE, INC. FOR CITY TO PAY ASSOCIATION $2,500.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and the Central Coast Children's Theatre, Inc. is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Central Coast Children's Theatre, Inc.; City Finance Director. 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 first day of September, 1987. DUNIN ATTEST: I p -�u CITY JLERK PAM VO s s s s s s s s s s Approved: v�%` City A ainis tr"ive Officer City A nance R 6304 EXHIBIT "A" � A G R E E M E_N_T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 CENTRAL COAST CHILDREN'S THEATRE, INC. This agreement is made and entered into this first day of September 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and the CENTRAL COAST CHILDREN'S THEATRE, INC. (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and WHEREAS, City has appropriated Two Thousand Five Hundred Dollars ($2,500) in the 1987 -88 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of Two Thousand Five Hundred Dollars ($2,500) to be expended for publicity as requested and described in their budget (brochures, posters, etc.) 2. On or before April 14, 1988, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1988. 3. Association and all of its agents, representatives, and partici- pants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors, or volun- teers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 1 0 4. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Association: Central Coast Children's Theatre, Inc P.O. Box 925 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: CENTRAL COAST CHILDREN'S THEATRE, INC By: _ Name.: Title: ► 0M NE / 2 CITY: CITY OF SAN LUIS OBISPO Y ' on nunin Mayor ATTEST: Pamel Voges City Clerk RESOLUTION N0. 6303 (1987 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO WHEREAS, Mission Plaza is a significant community asset; and WHEREAS, the popularity and significance of Mission Plaza continually requires capital replacement and improvement; and WHEREAS, the City Council recognizes the importance of Mission Plaza to citizens and visitors and that continued financial support of the facilities is in the best long -term interests of the City; and WHEREAS, the 1987 -88 Financial Plan includes a policy providing for the City Council to set aside reserves for capital projects determined to be in the best long -term interests of the City. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. There shall be a Mission Plaza Reserve for the improvement and replacement of the facilities in Mission Plaza. 2. The Council will contribute $50,000 annually to the Mission Plaza Reserve from the Capital Outlay fund and the Community Promotions Program with specific sources to be determined at the time of the contribution beginning with the 1988 -89 budget. The size of the reserve will be evaluated with each new two -year financial plan. 3. The Council will consider including a policy on Mission Plaza reserves in the 1989 -91 Financial Plan. 4. The City Clerk shall incorporate the content of this resolution in the City Council Policies and Procedures Manual. 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 1st day of September, 1987. ATT Pam Ala Voges, City Cl tk APPROVED: City dministrative Officer Finance Director 14ayor Ron Dunin R 6303 C'OvnG�l �liC� F/��c i RESOLUTION NO. 6302 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BIDS AND AWARDING CONTRACTS.. WHEREAS, the Council hereby accepts the bid and authorizes the Mayor to sign a contract on behalf of the City for the following: PROJECT: Laguna Hills Park City Plan No.: L191 ESTIMATE: $136,000.00 FUND NO.: 727 BIDDER: Dennis Landscape Co. BID AMOUNT: $163,367.00 5452 Edna Road San Luis Obispo, CA 93401 NOW THEREFORE BE IT RESOLVED, that the City Clerk is directed 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 1st day of September , 1987. oar ayor Ron Dunin ATTEST: V City G erk Pam Voge R 6302 0 APPROVED: C Officer City Atto ey nance Director res -1hp FIhOnCe F-ilc C • RESOLUTION NO. 6301 (1987 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A SALE AGREEMENT CONCERNING CALTRANS PROPERTY AT MADONNA AND HIGUERA BE IT RESOLVED by the Council of the City of San Luis Obispo to: 1. Approve a Sale Agreement for the Higuera Street and Madonna Road widening, and 2. Authorize the Mayor to execute said agreement, and 3. Direct the Finance.Director to transfer $68,300 from Fund 879 to account number 040 - 9847 - 092 -573, and 4. Direct the Finance Director to prepare a check for said purchase in the amount of $68,300, and 5. Direct the City Clerk to deliver the check, an original agreement and one copy to: Jon S. Patterson Right of Way Agent Department of Transportation P.O. Box 8114 San Luis Obispo, CA 93403 -8114 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 1st day of September , 1987. R 6301 O 0 YOR RON DUNIN ATTEST: City Jerk Pamela Vog APPROVED: City A ministrative Officer City At Finance Direc Public Works Director propacquisition /dfr #i pr O O SALE AGREEMENT HIGUERA_ STREET AND MADONNA ROAD WIDENING CITY OF SAN LUIS OBISPO STATE PARCELS: DD 2001 -01 -01 DD 2002 -01 -01 DD 2001 -01 -02 For the purchase of the parcels of land outlined in black on the attached map and made a part hereof; The City of Sap Luis Obispo, a Purchaser, agrees: 1) To a purchase price in the amount of $68,300 ('Sixty -Eight Thousand Three Hundred Dollars); a check for which is to be made out to the Department of Transportation and sent to P.O. Box 8114, San Luis Obispo, CA 93403. 2) This sale is subject to final approval by the California Transportation Commission, and upon approval, title will be transferred by a Director's Deed from the Director of Transportation, State of California. 3) No title to, or rights in the parcels shall pass to the Purchaser until the Director's Deed is recorded by Lhe State. 4) Title to the land.shall be subject to covenants, conditions, reservations, and rights of way of record, if any. 5) In the event Purchaser desires to utilize the subject parcels before title is conveyed, the State will execute a "Permit to Enter and Construct" for the street widening project. The State's approval of this Permit as well as this agreement shall be subject to City and State agreement as to various construction contract work deemed necessary to mitigate damages to the State's remainder property. 6) Final title will not be conveyed until all construction contract work has been approved and is satisfactory to the State. i) Cons.truction contract work to be done by the City of San Luis Obispo or their Agent is listed as follows: a) Affected seven (i) foot chain link property fencing with three- strand barbed wire on top shall be reconstructed prior to removal of the existing fence, An Interim security fence will be provided during construction. b) All affected landscaping and irrigation facilities will be replaced in kind or in conformance with the after condition landscaping and irrigation plan to be provided jointly by the City and the State. c) The State parking lot southerly adjacent to Madonna Road will be restriped and parking islands and curbing modified in accordance with the Site Plan to be provided by the State. d) The existing westerly access gate and parking lot entrance to Caltrans remainder property southerly of Madonna Road will be modified as follows: 1. Existing opposing gates will be replaced by two (2) opposing 19 -foot sliding gates of like material. 2. Parking lot exit lanes to Madonna Road will consist of a separate left and right turn lane, each to be 12 feet wide. The ingress lane will be 14 feet wide. e) The existing Madonna Road exit gate and driveway near Higuera Street will be removed. A Laboratory Sample Box at that gate will be relocated to the west side of the remaining exit gate to Madonna Road. f) The parking lot entrance from Higuera Street to the existing gate will be modified as follows: 1. Widen and restripe to include one 12 —foot ingress lane, one 12 -foot left turn exit lane, and one 12 -foot right turn exit lane as shown on Exhibit A. 2. Affected concrete curbing on the south side of the entranceway will be replaced in kind. 3. Two palm trees and one loquat tree to the south of the existing entrance will be removed. 4. A sprinkler irrigation valve southerly adjacent to the existing driveway will be relocated southerly adjacent to the widened driveway. The affected sprinklers within the proposed driveway will be cut and replaced southerly of the proposed driveway. 5. Relocate stop sign at Higuera Street entrance. Q g) Any modification or additional utility requirements brought about by this project on Caltrans' remainder- property shall be the responsibility of the City of.San Luis Obispo as to administration and all costs involved. h) New sidewalks around Caltrans's property will have wheelchair curb cuts at all crosswalks. All costs i involved in sidewalk and wheelchair access construction will be the responsibility of the City of San Luis Obispo. i) The State shall, at its cost, replace the existing opposing chain link gate at the Higuera Street entrance with two opposing 13 -foot gates at the same location. j) Permission is granted to the City of San Luis Obispo or its authorized agent to enter Caltrans remainder- property for the construction of contract items 7 a) through h. k) City of San Luis Obispo shall relieve the State Department of Transportation from all liability from claims for damages by reason of any injury to any person or property of any kind from any cause while constructing, maintaining or gaining access to or from the service areas shown as 7a through 7h. The property shall be conveyed by Director's Deed to CITY OF SAN LUIS OBISPO, A CHARTERED MUNICIPAL CORPORATION OF CALIFORNIA (Show how title is to be vested) City of San Luis Obispo ATTES By b4 CITY CLERK PAM VO S !' __._____. __ —. -- Accepted -- Caltrans By: Io Ft'� �� ° on-,. . po 0 ". � mD 1 j 07 — � •V,O L p b. � � :0 n N iv V/ IZ �o l w � C Ln m ,d =O D z p� D ' N m L q.� qo, --� O3nD �o `�ti � 0 o -� Z z Dju o-q --I() m� Om Z Z ' / —I m w �6� r-- COO CA m r Fi 'All , I Y NN 10 O" I X 24 "EUCALYpTU5-'p I, u I! II ,1 II It II it 11 I 11. II 1� I RELceATEO IHAWM�AP PAtZKt rl4 II It II 11 >� II li it i II � II II n 0 EXHIBIT A - s 7NT E v OFFICE I�uILVIuG fj ILLl111 L /11 L1 II II . I� II II it jt p 1 It I It H I G U E. K A SCALE = 1" � 2-0"-0" S TR E �- NORTH -� l o t or Al am acv . � M' • r+ :fi �,; 1 ��t•� t '• f• (j RESOLUTION.NO. 6300 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 1260 (SLOBAK, INC., SUBDIVIDER) WHEREAS, the City Council made certain findings concerning Tract 1260 as contained in Resolution No. 5892 (1986 Series), and WHEREAS, all conditions required per Resolution No. 5892 (1986 Series) have been met, or are guaranteed under Letters of Credit. NOW THEREFORE BE IT RESOLVED that final approval is hereby granted for Tract 1260 On motion of Councilwoman Dovey , seconded by Councilwoman Rapna and on the following roll call vote: AYES: Councilmembers Dovey, Kappa, Griffin, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this ist day of September, 1987. WffY'OR RON DUNIN ATTEST: 0'.� ( )"., CITY CLERK PAM VO R 6300 Resolution No. 6300 0 987 Series) Page Two. APPROVED: City A ministrative Officer City Att ney 6 Community Development Director City Ngineer jk5 /t1260fin by r o STANDARD SUBDIVISION AGREEMENT THIS AGREEMENT is dated this 1st. day of September, 1987by and between SLOBAK, INC. 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 1260, City of San Luis Obispo, California, as approved by the City Council, on the 1st. day of September , 19 87. The Subdivider desires that said Tract 1260 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: 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 (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 and has posted the necessary fees: (Except as noted) 1. The Subdivider has deposited a monumentation bond of $500.00 to cover the installation of survey monuments in accordance with the approved map and payment for same. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating they have completed the work and have been paid. 2. The Subdivider has paid water acreage fees of $880.44 (0.759 AC [net] x $1160/AC) with credit for existing residence(s) and excepting open space and streets_ 3. The Subdivider shall install an access road for creek maintenance per Condition 10 of Resolution No. 5892 (1986 Series) to the approval of the Public Works Department. 4. 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 18 of Resolution No. 5892.(1986 Series). 5. The subdivider has.paid the park -in -lieu fee of $23,994.00. 6. All trees shall be field tagged to verify type, condition, location, and disposition per condition 14 and Subdivider shall enter into agreement and post bond to ensure preservation of trees, etc. to the approval of the Community Development Department per condition 16 of Resolution No. 5892 (1986 Series). 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. 3 • o 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 $48,000.00, 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 • G complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and material bond in the amount of 50% of the above described subdivision improvements in accordance with State law. Said Subdivider has deposited with the City the sum of S1,440.00 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 S1,440.00, 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 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 LUIS OBISPO #WTT RON DUNIN ATTE CITY CLERK p[M VO Approved as to form: n C y Attorney City Engineer Agr -1260 by 0 SUBDIVIDER - SLOBAK, INC. U,