HomeMy WebLinkAbout6725-6735RESOLUTION NO. 6735 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 1833
LOCATED AT 960 NIPOMO STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of the tentative
map of Tract 1833 and the Planning Commission's recommendations, staff
recommendations, and reports thereof makes the following findings:
L The design of the tentative map and proposed improvements are consistent
with the general plan.
2. The site is physically suited for the type and density of development allowed in
an Office with Historical overlay zone.
3. The design of the tentative map and the proposed improvements are not likely
to cause serious health problems, substantial environmental damage or
substantially and unavoidably injure fish or wildlife or their habitat.
4. The design of the subdivision or type of improvements will not conflict with
easements for access through (or use of property within) the proposed
subdivision.'
5. The Community Development Director has determined that the proposed
subdivision will not have a significant effect on the environment and has
granted a negative declaration with mitigation.
6. The Architectural Review Commission has reviewed the project and approves
of the site layout.
SECTION 2. Conditions. The approval of the tentative map for Tract 1833
be subject to the following conditions:
1. The subdivider shall submit a final map for approval and recordation.
2. Subdivider shall provide individual water services for each unit. Meters shall
be clustered at property frontage, to the approval of the City Engineer.
3. Subdivider shall extend individual gas and electrical services and metering for
each unit, to the approval of affected utilities and the City Engineer.
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Resolution No. 6735 (1989 Series)
Tract 1833
Page 2
4. Final map shall note a blanket easement over the common lot area, except
under the structure, for underground public utilities serving the .site, to the
approval of the City Engineer and affected utility agencies.
5. The subdivider shall establish covenants, conditions, and restrictions for the
regulation of all buildings and facilities. These CC &R's shall be approved by
the Community Development Department and administered by a property
owners' association.
6. There shall be no change in city- regulated provisions of the CC&R's without
prior approval of the community Development Department.
7. The subdivider shall include the following provisions in the CC&R's for the
tract:
a. Property owners' association shall be created to enforce the CC &R's and
provide for professional, perpetual maintenance of common areas
including, but not limited to, the driveway, parking lot, landscaping,
sewer, utilities and building exteriors.
b. The right shall be granted to the city to maintain common areas if the
property owners' association fails to do so and to assess said association
for expenses incurred.
C. All parking spaces provided in the project shall be available for use by
all of the individual owners.
8. A qualified archaeologist shall be present at the site during grading operations.
If grading or other operations unearth archeological resources, construction
activities shall cease, to allow the archeologist to record the extent and location
of the discovered materials. Disposition of artifacts shall comply with state and
federal laws. Costs of any archeological work shall be the applicants'
responsibility.
9. The applicants shall have a site assessment performed by a qualified
environmental or soils engineering consultant. If the soil is determined to be
contaminated, the property owner will be required to remove the
contamination, to the approval of the city's Hazardous Waste Inspector.
1.0. Prior to occupancy, the City Engineer must be supplied with written
certification by a registered land surveyor or civil.engineer that the lowest floor
elevation or floodproofed elevation complies with the Flood Damage Prevention
Regulations.
Resolution No. 6735 (1989 Series)
Tract 1833
Page 3
On motion Of Councilman Roalman ,seconded by Councilman Reiss
and on the following roll call voter
AYES: Councilmembers Roalman, Reiss, Rappa and Mayor Dunin
NOES None
ABSENT: Councilwoman Pinard
the foregoing resolution was passed and adopted this 12th day of December
1989.
APPROVED:
MayoI Ron Dunin
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RESOLUTION NO. 6734 (1989 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING PLANS AND SPECIFICATIONS FOR LAGUNA LAKE PARK
IMPROVEMENTS, AUTHORIZING STAFF TO ADVERTISE FOR BIDS AND
AUTHORIZING CAO TO AWARD CONTRACT TO SUCCESSFUL BIDDER
WHEREAS, the City of San Luis Obispo is desirous of continuing public
improvements at Laguna Lake Park; and
WHEREAS, funds for these improvements are available through grant
monies received from the Land and Water Conservation Fund and Park In -Lieu
Fees ;
NOW THEREFORE BE IT RESOLVED, that the City Council'hereby approves
the Plans and Specifications for City Plan No. N -59Y, Laguna Lake Park
Improvements, directs staff to advertise for bids and authorizes the CAO
to award the contract to the low bidder if bids are below or equal to the
Engineer Estimate.
On motion of Councilwoman Rappa
and on the following roll call vote:
s
seconded by Councilman Roalman
AYES: Councilmembers Rappa, Roalman, Reiss and Mayor Dunin
NOES: None
ABSENT: Councilwoman Pinard
the foregoing Res,glution was passed and adopted this 12th day of
December 1989.
R n Dunin
ATTEST
City Cldh Pam Voges
APPROVED:
Director of inance
irecgor or Parks and Recreation
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RESOLUTION NO. 6733 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING PLANS AND SPECIFICATIONS FOR PHASES I & II.
OF FRENCH PARK, AUTHORIZING STAFF TO ADVERTISE
FOR BIDS AND AUTHORIZING CAD TO AWARD CONTRACT
TO SUCCESSFUL BIDDER
WHEREAS, the City of San Luis Obispo is desirous of beginning public
improvements at French Park; and
WHEREAS, funds for these improvements are "available in the Park In-
Lieu reserves and the Capital Improvement reserves;
NOW THEREFORE BE IT RESOLVED, that the City Council hereby approves
the Plans and Specifications for City Plan No. M- 57Y,.E. A. French Park,
Phases I & I.I, directs staff to advertise for bids and authorizes the CAO
to award the contract to the low bidder if bids are below or equal to the
Engineer Estimate.
On motion of Councilwoman Rappa
and on the following roll call vote:
Seconded by Councilman Roalman
AYES: Councilmembers Rappa, Roalman, Reiss and Mayor Dunin
NOES: None
ABSENT: Councilwoman Pinard
the foregoing Resolution was passed and adopted this
12th
day of
December_ 1989,
ayor Ron Dunin
ATTE T: (A
City lerk Pam Vogel
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RESOLUTION NO.
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6732 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING PLANS AND SPECIFICATIONS
FOR WASTEWATER TREATMENT PLANT, CITY PLAN NO. P -38S
AND AUTHORIZING STAFF TO ADVERTISE FOR BIDS
WHEREAS, the Anaerobic Digester Cleaning Project is a
project required as scheduled maintenance of major plant
equipment at the City's Wastewater Treatment Plant; and
WHEREAS, Anaerobic Digesters are used for the treatment and
stabilization of sewage sludge; and
WHEREAS, this project is three separate phases, one phase
for each digester requiring a separate contract; and
WHEREAS, Council approved funding for this project in the
1989 -91 Financial Plan on July 24, 1989.
NOW, THEREFORE, BE IT RESOLVED adopting a resolution
approving plans and specifications for Wastewater Treatment
Plant, Digester 1 (Phase 1, $25,000); Digester 2 (Phase 2,
$15,000); Digester 3 (Phase 3, $15,000) Empty and Clean Projects,
City Plan No. P -38S; authorize staff to advertise for bids; and
authorizing City Administrative Officer to award contracts if
successful bids are equal to or below engineer's estimates.
On motion of Councilwoman Rappa seconded by Mayor Dunin
and on the following roll call vote:
AYES: Councilwoman Rappa, Mayor Dunin, Councilmembers Reiss and Roalman
NOES: None
ABSENT: Councilwoman Pinard
the foregoing Resolution was passed and adopted this 12th day of
December, 1989.
MAYOR RON DUNIN
ATT
CITY LERK PAM VQ5ES
6732
Resolution No. (1989 Series)
APPROVED:
City AI-mist 47zit, 1 ;06 - 0 If f, ic I er
Utilities.Director
lic Works Director
6111w /Z e4 � z
ewater.Division Manager
4
VY
;,.MEETING AGENDA
RESOLUTION NO. (1989 Series)
Re!;otution
of AppReciAtion
A Resolution of the City of San Luis Obispo Expressing
Gratitude and Appreciation to Vicki J. Finucane
for Her Dedicated Service to the City and its Citizens
WHEREAS, Vicki Finucane has loyally served the City of San Luis Obispo as both
Assistant City Attorney and Acting City Attorney; and
WHEREAS, her outstanding service was during a time when the Council faced
several controversial issues, all of which required quality legal "representation; and
WHEREAS, Vicki provided that service to the Councii.in such a fashion that her
peers voted her an outstanding City Employee award•, and
WHEREAS, her accomplishments were above and beyond the call of duty and occurred
at a time when she was short handed in legal staffing; and
WHEREAS, her spirited and vivacious personality will be missed by those of us
who have enjoyed working with her.
NOW, THEREFORE, BE IT RESOLVED, that the City Council wishes to express its
gratitude for her numerous accomplishments and outstanding performance which she has
given to the City of San Luis Obispo; and wish Vicki well in her future endeavors.
On the motion of Councilmember seconded by
Councilmember, and -on the following roll call vote:
Ayes:
Noes::
Absent:
the foregoing Resolution of Appreciation was passed and adopted this day of
. 1989.
MAYOR RON DUNIN
ATTEST:
CITY CLERK PAM VOLES
Z.6731
,52-84
MEEE AGENDA /� 9
DATE /•Zf ITEM #
Resolution No.673b (1989 Series)
City Of sAn WIS. OBIS PO
p
Resotution
of AppizeciAtion
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
EXPRESSING THE CITY'S GRATITUDE.AND APPRECIATION TO NANCY KNOFLER
FOR HER DEDICATED SERVICE TO THE CITY AND ITS CITIZENS
WHEREAS, Nancy Knofler began her career with the City of San Luis Obispo as
the youngest Transit Manager in the State; and
WHEREAS, she is leaving the City of San Luis Obispo as the youngest Transit
Manager in the State; and.
UHEREAS, she has distinguished herself as an innovator in regional transit
cooperation, grant proposals for facilities construction, and many other areas, not
limited to being the first Transit Manager to have a bus park at the gas pumps of a
local service station during a daily run; and
WHEREAS, she always displayed the "horse" sense to avoid controversial methods
of transportation; and
WHEREAS, her "bouncy" personality will be leaving the "Courts" of San Luis Obispo
for the Streets (and tracks) of San Francisco;
NOW, THEREFORE, be it resolved', that the City Council wishes to express its
gratitude for her numerous accomplishments and outstanding performance which she has
given to the City of San Luis Obispo during the past 6 -1!2 yearrs, and wish Nancy well
in her new position.
On the motion of Councilmember , seconded by
Councilmember , and on the following roll call vote:
Ayes:
Noes:
Absent:
the foregoing Resolution of Appreciation was passed and adopted this ,day of
November, 1989.
ATTEST:
City Clerk Pam Voges
Mayor Ron unin
Ea .V ao
REVISED
RESOLUTION NO.6 7 2 9 (1989 Series)
• RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING
• MINOR SUBDIVISION AT 124 HIGHLAND DRIVE (MS 89 -116).
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this council, after consideration of public testimony,
the minor subdivision request MS 89 -116, the advisory body recommendation, staff
recommendations and reports thereon, hereby denies the minor subdivision subject to the
findings listed below:
1. The design of the tentative map is inconsistent with General Plan policies
encouraging residential development to be designed to be compatible with present
and potential adjacent land uses.
2. The design of the tentative map would result in development which is inconsistent
with the prevailing neighborhood character, since it would necessitate a common
driveway to serve the lots, and result in closer spacing between houses on adjacent
lots than is typical for the neighborhood.
3. The proposed minor subdivision conflicts with the intent of private deed restrictions
for Tract 164, intended to establish standards for the location, design, and use of
property and to maintain neighborhood compatibility within the tract.
4. At its May 4, 1989 meeting, the Cultural Heritage Committee found that the site
and the structure at 124 Highland Drive are culturally and historically significant;
and that to preserve their historic value, the site should not be further subdivided.
On motion of Councilwoman Rappa ,seconded by
Councilman _ Roalman and on the following
roll call vote:
AYES: Councilmembers Rappa, Roalman, Pinard, and Mayor Dunin-
NOES: Councilman Reiss
ABSENT: None
6729
Page 2; Resolution No. 6729
the foregoing resolution was passed and adopted this 5th day of
December 1989.
kbN-DUNIN
. W . . W W . . . . . W I
APPROVED:
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RESOLUTION NO. 672.8 (1989' Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN INTER - COMPANY TRANSFER OF THE
CABLE TELEVISION FRANCHISE FROM SONIC CABLE TELEVISION
TO SONIC CABLE LEASING, BOTH WHOLLY OWNED SUBSIDIARIES
OF SONIC COMMUNICATIONS.
Whereas, the City of San Luis Obispo approved an Ordinance No.
790 granting a fifteen year franchise agreement to Sonic Cable
Television for community antenna television services, commencing
April 1, 1978.
Whereas, Sonic Communications, owner of Sonic Cable Television
and Sonic Cable Leasing, has requested to reassign the franchise
agreement from Sonic Cable Television to Sonic Cable Leasing to �.
aid in restructuring corporate operations.
Whereas, the reassignment only involves a change in legal
title to the franchise agreement and will not effect cable service
in the City of San Luis Obispo.
Whereas, the current ordinance granting the franchise
agreement to Sonic Cable allows for the reassignment of the
franchise agreement subject to meeting conditions setforth in the
ordinance and obtaining City Council consent.
Whereas, Sonic Communications has demonstrated through an
Officer's Certificate (Exhibit A) , a legal opinion prepared by the
law firm representing Sonic Communications (Exhibit B) , and a
Financial Statement (Exhibit C) , that the reassignment to Sonic
Cable Leasing meets the conditions prescribed in the ordinance.
Now, therefore, be it resolved by the Council of the City of
San Luis Obispo as follows:
Section 1. All benefits and obligations granted to Sonic
Cable Television by the provisions of the franchise agreement,
Ordinance No. 790 are hereby transferred to Sonic Cable. Leasing,
as of the date of this Resolution.
Section 2. Sonic Cable Leasing, franchise, hereby accepts the
terms of the aforesaid transfer of rights and duties and agrees to
perform all obligations imposed upon the .franchisee by the terms
of said franchise agreement, Ordinance No. 790.
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PAGE 2: Resolution No. 6728
On motion of Councilwoman Rappa seconded
by rminr;lman Roalman , and on the following role call vote:
AYES: Councilmembers Rappa, Roalman, Pinard, Reiss and
Mayor Ron Dunin
NOES None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of
December 1989
ayor Ron Dunin
ATTEST:
city AF lerk Pam" gds
APPROVED:
City A - ninistrative Officer
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lli'Lli�y 13:SU ��r- 2iSuli
ACCEPTANCE OF FRANCHISE
CITY OF SAN LUIS OBISPO
SONIC CABLE LEASING CORPORATION, an Alaska Corporation,
hereby agrees and undertakes during the life of the transferred
franchise, to perform all of the terms, conditions, provisions,
and obligations thereof.. SONIC CABLE LEASING CORPORATION further
agrees to comply with the restrictions of said franchise and the
laws and ordinances of the City of San Luis Obispo, and be
subject to all rights, powers and privileges reserved and
reservable to the City of San Luis Obispo and its officers as in
said laws and ordinances contemplated and provided.
Dated: November 21, 1989 SONIC CABLE LEASING CORPORATION'
an Alaska Corporation
Presi en
Secretary
Z 002
OFFICER'S CERTIFICATE '
FOR
SONIC COMMUNICATIONS
Christopher Cohan certifies that:
1. He is the President of Sonic Communications, Sonic
Leasing Corporation and Sonic Cable. Television of San
Luis Obispo.
2. He is the sole shareholder of Sonic Communications.
Sonic Communications is the sole shareholder of Sonic
Cable Television of San Luis Obispo and the sole
shareholder of Sonic Leasing Corporation.
3. Because of the common ownership by Sonic Communications,
Sonic Leasing Corporation has the same financial
resources available to it as are available to Sonic Cable
Television of San Luis Obispo.
I further declare under penalty of perjury under the laws of the
State of California that the matters set forth in this certificate
are true and correct of my own knowledge.
Dated: November 17, 1989
37:S1oCert.snc
111489
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EXHIBIT "A"
WARREN A. SINSHEIMER III
ROBERT K. SCHIEBELHLIT
K. ROBIN. BAGGETT
MARTIN J. TANGEMAN
MARTIN P. MOROSKI
DAVID A. JUHNKE
M. SUZANNE FRYER
STEVEN J. ADAMSKI
DIANE W. MOROSKI
CYNTHIA CALDEIRA
JALYNNE GILES
MICHAEL R PETERSON
SCOTT E. LEWIS
ROBERT R. ORELLANA
ALAN D. SHEWELL
OF COUNSEL
D. JAN DUFFY
THOMAS M. DUGGAN,
CG
SINSHEIMER. SCHIEBELHUT & BAGGETT
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
POST OFFICE BOX 31
SAN LUIS OBISPO. CALIFORNIA 93406 -0031
805- 541-2800
November 21, 1989
STREET ADDRESS:
1010 PEACH STREET
TELECOPI ER:
805 -541 -2802
City of San Luis Obispo HAND- DELIVERED
990 Palm Street
San Luis Obispo,_California 93401
Attention: City Attorney
Re: Inter- Company Transfer of Cable.Franchise
Dear Sir:
We are counsel to Sonic Communications_, Sonic Cable Leasing
Corporation and Sonic Cable Television of San Luis Obispo
(collectively, the "Corporations "). We have been asked to render
this opinion to you in connection the proposed transfer of a cable
television franchise from Sonic Cable Television of San Luis Obispo
to Sonic Cable.Leasing Corporation.
As counsel to the Corporations, we are familiar with the
Articles of Incorporation, Bylaws_, records -of meetings of
stockholders and directors and the stock ledgers of the
corporations. In connection with this opinion, we have also
reviewed and relied upon an Officer's Certificate of Christopher
Cohan, President of each of the Corporations. _In making our
examination of the above - mentioned documents, we have assumed the
conformity to the originals of all documents submitted to us as
copies.
We wish to advise you that Mr. K. Robin Baggett, a partner- in
our firm, is a director of Sonic Communications and Assistant
Secretary to each of the Corporations.
Based upon and subject to the :foregoing, we hereby advise you
that Christopher Cohan is the sole shareholder of Sonic
Communications, and Sonic Communications is the sole shareholder
of Sonic Cable Leasing Corporation and Sonic Cable Television of
San Luis Obispo.
This opinion is solely for the information of the addressee
hereof and is not to be quoted in whole or in part or otherwise
EXHIBIT "B"
City of San
November 21,
Page 2
Luis Obispo
1989
referred to nor is it to be
agency or other person without
than the addressee hereof and
rely on this opinion.
RKS /bh
e:City.Ltr
filed with any other governmental
our prior written consent. Other
its counsel, no one is entitled to
Very truly yours,
717�Rj. SCHIEBELHUT & BAGGETT
�SCHIEBELHUT
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SONIC COMMUNICATIONS AND SUBSIDIARIES
Consolidated Financial Statements
March 31, 1989. . and 1988
EXHIBIT "C"
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SONIC COMMUNICATIONS
AND SUBSIDIARIES
TABLE OF CONTENTS
President's Letter ................_.._ ................... ............,........,,..,..1
Operations Discussion and Analysis ..__ ....................: .......__..._.........__......4
Report of Management .......................................... ..............................5
Independent Auditors' Report ..... .. .............. ............. ..............................6
C_ onsolidated Financial Statements for the
Years ended March 31, 1989 and 1988:
Consolidated_ Balance Sheets .. ............................... ,.... ................7
Consolidated Statements of Operations and.Accumulated Deficit.... ..:............ 8
Consolidated Statements of Cash Flows ......................... .._........._.........9
Notes to Consolidated Financial St atements ................ ..........:.:.................. 10
Supplemental Consolidating Schedules for the
Year ended March.31, 190'
Sheet Information ............ ............................... 16
Operations Information .....................:.................. .............................._ 17
Operating Statistics ......... : .......................................... I. .......... ..............
18
FYE
FYE
% Increase
Perforrriance Highliehts
351/$9
331 g
(in thousands)
Consolidated operating revenue
S 44,036
38,902
13.2
Consolidated operating expense
23,364
21,781
7.3
Consolidated operating income
20,672
17,121
20.7
Consolidated net loss
(5,768)
(8,870)
(35.0)
Net property, plant and equipment
67,226
69,565
(3.4)
Number of basic subscribers
119
116
2.6
Number of pay TV subscribers
104
109
(4.6)
Annual pay per view buys
315
174
81.0
Homes passed
234
240
(2.5)
PRESIDENT'S LETTER
To our employees and business associates:
At the conclusion of our last fiscal year, I established a five point set of priorities for the company. These
priorities were:
BECOMfNG MORE COST COMPETITIVE
As we conclude this fiscal year, the threat of re- regulation of the cable industry looms on the horizon.
Much of the blame for this rests with the industry, as the subscriber has seen significant increases in the
cost of cable over the past few years.
Our primary approach has been to reduce costs whenever possible. To that end, we joined a programming
co -op of various cable operators so that we could, collectively, bargain for programming rates comparable
to the larger cable operators.
We continue to be successful in aggressively pursuing methods to reduce and hold the line on the additional
costs associated with the new copyright regulations and the deplorable "possessory interest" property tax,
that only cable operators are assessed.
Considerable time was spent at the corporate and system level standardizing our customer reporting system
(CableData) to allow more accurate and timely subscriber information and reports. In order to track staffing
and spending more adequately, the customer service department was established as its own cost center in our
financial reporting system.
CPREPARING FOR FUTURE GROWTH
C
The beginning of this fiscal year saw the completion of the company -wide standardization and
reorganization of the previous year. It was now time to evaluate the long term direction the company
should take. As we explored possible options and opportunities; it became apparent, that in every case, the
restrictive nature of our existing debt structure made the actual undertaking of these opportunities
unfeasible.
Therefore, after much consideration, the decision was made to sell our Alaskan operation. This was a
difficult decision to make because, due to the efforts of our Alaskan personnel, the Alaska system was
having its most successful year since acquisition. Unfortunately, the oil industry recession of the past few
gears has had a serious detrimental impact on the Alaskan economy. This has made the original projections
for the Alaska system unrealistic and the existing loan structure and covenants an onerous burden that we
have been unable to extricate the company from by negotiation. As a result, in bctober of 1988, the
company entered into an agreement to7sell the Alaska system for 5143,000,000. This sales price is
contingent on a number of factors, all of which we believe the company will achieve.
The proceeds of this sale will be used to retire the existing bank and insurance company debt, which will
eliminate the operating constraints that exist under the loan agreements. We believe the sate will be
completed during the summer of 1989, at which time we will begin to actively pursue other financial
opportunities and the establishment of financing agreements under favorable management terms.
,..E
BECOMING MORE CUSTOMER ORIENTED
The cable industry has seen the need to become more sensitive toward the needs of the subscriber. In years
past, our customer service representatives were simply "order takers," however, cable television is in a
competitive marketplace and we can no longer afford to sit back and let other entertainment options take the
place of cable television. To this end. we at Sonic have taken an aggressive approach to become more
consumer oriented with the introduction of intensive customer service training. In this training we are
focusing on "selling" the service that best fits the customers interests, Le:, Disney for the children, HBO
for sports programming, etc. Additionally, we have eliminated the packaging concept of pay services and
established a simple list of services for customers to select from. We feel this allows for ease of purchase
and gives the subscriber more choice.
In an attempt to curtail video rentals and make movie viewing more convenient for the subscriber, we have
lowered the price of our Pay - Per -View service. As a result of this price reduction, we have seen the buy
rates steadily increase. It is our opinion that Pay -Per -View services will become more and more popular as
- subscribers become more Pay -Per -View savvy.
Not only has our customer service personnel become more service oriented, so has our technical and
installation personnel. The field personnel have received customer service training by rotating in the office
and taking calls from subscribers_ In turn, the customer service staff has gone in the field to observe how
installations are performed. Cross training builds teamwork and promotes unity between the field and in-
house personnel. We feel this comradery reflects in how we treat subscribers.
The customization of our subscriber billing statement has made them easier to understand. We have
itemized on the bill the amounts.attributable to franchise fees, copyright fees, and city users taxes Sonic
pays to the governmental agencies. This was done to make the subscriber aware of the portion of the bill
attributable to taxes the company has little control over.
HUMAN RESOURCES
C
The maximization and utilizauoo of our human resources is of the- upmost importance to the company. We
operate with a very lean staff which encourages personnel to be creative, responsible.-and innovative.
During the past. year, senior staff at the system level have become a more cohesive group, not only among
themselves, but other systems.as well. The sharing of ideas, such as new ways to gain subscribers; ups on
how to collect bad debts, incentive programs, and employee motivational techniques have been an integral
part of the systems communication network. Our theory is, "why reinvent the wheel."
c.
The staffing levels have been reduced, even though the company realized a 3% growth in basic subscribers.
Once again maximization to the fullest.
The Federal Communications Commission (F.C.C.), Equal Employment Opportunity Branch, has taken
more steps toward enforcement of the Cable Act Because of this, the company has taken an aggressive,
rather than passive, approach with regard- to :EEO compliance, and devoted considerable resources to
achieving the goals established by the FCC: The fast step was to negotiate a "Multiple Reporting
Agreement" on our EEO program with the FCC. The purpose of the MRA is to outline the general
administrative provisions and EEO reporting procedures agreed to by the company and the EEO
Enforcement Branch_ This presentation was made in Washington, D.C_ earlier this year and it appears as if
the program was well received- The fulfillment of our EEO goals is much improved, and the company
made the achievement of these goals a component of "the management bonus program.
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SATISFYING OUR INTERNAL AND EXTERNAL CONSTITUTENCIES
( With the assimilation of the previously discussed issues, the newly implemented financial reporting system
has become a critical management tool for measuring and monitoring the company's progress in these key
areas
Due to the increased awareness and co- operation of management and operations we have realized the benefits
of timely and accurate reporting, as the financial statements will illustrate. This has also allowed its to
satisfy the reporting requirements of our lending institutions.
LOOKING AHEAD
With the numerous bills in Congress to re- regulate the industry, cable is going to be scrutinized even more
than ever. We feel this is a major consumer issue and will receive much.attention. Therefore, our goal for
the upcoming year is to stay focused on service, and provide the best cable can offer.
The upcoming fiscal year should prove to be a pivotal one for both the cable industry and for Sonic. As we
embark upon the new year, we feel confident.that we will meet the challenges that lie ahead
Sins r ;
Christopher Cohan
President
C.
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OPERATIONS DISCUSSION AND ANALYSIS
REVENUES
C,
For the fiscal year ending March 31, 1989, Consolidated Revenues of the Company were $44,036,000, an
increase over the prior year of 13.296, or $5,134,000. This increase represents the second year in a row that
Sonic has increased total revenue over 13% annually. As with last year, this is attributable to increases in
both subscribers and rates. Basic subscribers increased almost 3 %, from 116,476 to 119,471. This,
coupled wiih rite increases accounted for a majority of the S3,502,000 increase in Basic Revenue.
Pay TV Revenues for the year were up 7.2%. or 5768,000. This increase is due entirely to pay -per -view
revenues which increased 101% this year d_ ue to promotion and increased subscriber awareness. Revenues
from the.standard pay channels such as HBO and Showume were essentially flat as the decrease in
subscribers this year was due.pcimarily to the increasing difficulty of marketing to a mature pay service
market_ This decrease in pay penetrations was offset partially by pay rate increases.
The subscriber has also become aware of the value of auxiliary services such as remote control, which
increased 24.7 %, or 5387,000. Better cash management techniques enabled us to increase Interest Income
322 %, or $385,000, for the year.
EXPENSES
The expense side of the ledger saw operating costs up 7.3 %, or 51,583,000 from last year. In the CATV
Operations area, while we. were able to reduce labor and fringe costs, this was more than offset by increased
subcontractor costs for non - capital projects (5282,000). Material costs also increased (S249,000) due to
both increases in supplier prices (primarily in cable) and. increased maintenance costs as our plant is aging
in some system areas. To rectify this situation we have already budgeted at the operations level for
increased installation staffing to reduce. subcontractor costs to a minimum, and we have allocated a
significant portion of next year's capital budget to the rebuild of the older sections of our CATV plant.
CIn the Programming area costs ,ere up 13%, or S 1,006,000. Pay -per -view licensing costs were up 73 or
5353,000, as a result of our increased revenues. Pay TV license fees were also up 7.6%, or 5353,000.
reflecting increasing programmer costs and declining Pay TV margins. These figures support our current
pay- per-view emphasis.
C
The largest increased cost was mat of the satellite services such as ESPN, CNN, USA Network, etc. Costs
for these services rose 36%. or 5605,000. This reflect the continuing trend of significant increases and
programming expenses as suppliers continue to secure programming at any cost and pass these increases
along to the cable operator.
These increases were partially offset by lower copyright fees due to the implementation of Broad_cast.Basic
Service, allowing a reduction of the copyright fee where feasible, and in January of this fiscal year we began
the pass through of the copyright fees to the subscriber in most system areas.
Marketing costs for the current year were up 12.8 %, or 5195,000, paralleling our increased revenue base,
and were attributable to increases in advertising and promotional expenses. Advertising sales and local
origination costs were down 56% or $90,060.
Due to the cost efficiency programs discussed in the President's Letter, Customer Service and General and
Administrative costs were maintained at last year's level:
-4-
a .�
OPERATING INCOME
The Operating Income or in cable parlance "Cash Flow" of the Company was S20,67Z000, an increase of
C 20.7%, or 53.551,000, for the fiscal year.
OTHER EXPENSES
Interest Expense was up 5.6%. or 5687,000, due primarily to increasing interest rates during the year on the
S30,000,000 Bank Debt
Depreciation and Amortization was down from last year 12%, or S289,000, as some of our older plant has
become fully depreciated, mirroring the increased maintenance costs discussed under CATV Operations.
Report of Management
The management of Sonic Communications has prepared and is responsible for the financial statements and
related financial information included in this annual report The financial statements have been prepared in
accordance with generally accepted accounting principles. Other financial information included elsewhere in
this report is consistent with information in the financial statements.
To meet its responsibilities with respect to financial information, management maintains a system of
internal accounting controls that is designed to provide reasonable assurance, on a cost effective basis, as to
the integrity, objectivity, and reliability of the financial records and as to the protection of assets. This
system includes communication through written policies and procedures, and an organizational structure that
provides for appropriate division of responsibility and the training of personnel.
The independent public accountants-provide an objective assessment of the degree to which management
meets its responsibility for fairness of financial reporting. They regularly evaluate the system of internal
accounting controls and perform such tests and such other procedures as they deem necessary to reach and
express an opinion on the fairness of the financial s=ements.
Manag gist believes that its policies and procedures provide reasonable assurance that its operations are
caniyd�tt with a high Atandard of business conduct-
Christopher Cohan
President
David E. Wagner
Controller
C -5-
KPWG- -'P� 't Marwick
Certified Public Accountants
Peat Marwick Main & Co.
C 2121 No. California Blvd.. Suite 840
Walnut Creek. CA 945963572
The Board of Directors
Sonic Communications:
We have audited the accompanying consolidated balance sheets of Sonic Communications and subsidiaries
as of March 31, 1989, and the related consolidated statements of operations'and accumulated deficit and cash
flows for the year then ended_ These financial statements are the responsibility of the Company's
management. Our responsibility is to express an opinion on these financial statements based on our audit.
The consolidated financial statements of Sonic Communications and subsidiaries as of March 31, 1988 were
audited by other auditors whose report dated June 17, 1988 expressed an unqualified opinion on those
statements.
We conducted our audit in accordance with generally accepted auditing standards. Those standards require
that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are
free of material misstatement. An audit includes examining; on a test basis; evidence supporting the
(
amounts and disclosures in the financial statements_ An audit also includes assessing the accounting
principles used and significant estimates made by management. as well as eva!uating the overall financial
statement presentation. We believe that our audit provides a reasonable basis for our opinion. .
In our opinion, the 1989 consolidated financial statements referred to above present fairly, in all material
respects. the financial position of Sonic Communications and subsidiaries as of March 31, 1989, and the
results of their operations and their c.sh flows for the year then ended in conformity with generally accepted
accounting principles.
As discussed in Note 2 to the consolidated financial statements, the Company changed its method of
accounting for income taxes in 1989.
Our audit was made for the purpose of forming an opinion on the consolidated financial statements taken as
a whole. The consolidating information included in Schedules I and 11 is presented for purposes of
additional analysis of the consolidated financial statements rather than to present the financial position.
results of operations and cash flows of the individual companies. The consolidating information has been
subjected to the auditing procedures applied in the audit of the consolidated financial statements and, in our
opinion; is fairly presented in all material respects in relation to the consolidated financial statements taken
as a whole.
i AE
May 26. 1989. j
S 92,827 105,207
Liabilities and Shareholder's Deficit
Liabilities:
Accounts payable
3,308
3,440
SONIC COMMUNICATIONS
3,430
3,577
AND SUBSIDIARIES
1,403
1,374
Consolidated Balance Sheets
102,555
109,170
March 31, 1989 and 1988
1.282
1.029
Assets
1989
111,978
118,59
(in thousands)
Cash and cash equivalents
S 2,017
5,512
Accounts receivable (net of allowance
for doubtful accounts of $91,000
in 1989 and $207,000 in 1988)
829
771
Prepaids and other assets
985
774
Notes receivable
—
1,153
Property, plant and equipment, net
67;226
69,565
Acquisition deposit
—
2,328
Intangibles and deferred costs, net
11,770
5 1 4
S 92,827 105,207
Liabilities and Shareholder's Deficit
Liabilities:
Accounts payable
3,308
3,440
Accrued liabilities
3,430
3,577
Deposits and prepaid subscriptions
1,403
1,374
Notes payable
102,555
109,170
Capital lease obligations
1.282
1.029
Total liabilities
111,978
118,59
Shareholder's deficit
Common stock, no par value; authorized,
100,000 shares; issued and outstanding,
7,950 shares
1 ;012
1,012
Additional paid -in capital
1,232
1,232
Accumulated deficit
21 395
1( 5.627 )
Total shareholder'sdeficii .•
(19.151)
11 3.383)
S 92,827
105,207
See accompanying notes to consolidated financial statements.
-7-
C..
C.
C
SONIC COMMUNICATIONS
AND SUBSIDIARIES
Consolidated Statements of Operations and Accumulated Deficit
Years ended March 31, 1989 and 1988
See accompanying notes to consolidated financial statements:
1$2
im
(in thousands)
Revenues:
CATr
$ 28,173
24,671
PAY TV
11,390
10,622.
Other
4,473
1609
Total revenues
44,036
39,902
Operating expenses:
CATV operations
4,424
3,882
Programming costs
8,708
7,702
Customer service
2,802
2,274
Marketing and sales
1,837
1,732
General and administrative
5,593
6,191
Total operating expenses
23,364
21381
Operating income before other expenses
20,672
Other expenses:
Depreciapon and amortization
12,733
13,022
Interest (net of amounts capitalized of
$147,000 in 1989 and $258,000
in 1988)
12,948
12,261
Other
759
760
Total other expenses
26A4
26,043
Loss before income taxes
(5,768)
(8,922)
Income tax benefit
_ —
— 2
Net loss
(5,768)
(8,870)
Accumulated deficit, beginning of year
(15,627
(6,757
Accumulated deficit, end of year
$ 2( 1,395)
1� 627)
See accompanying notes to consolidated financial statements:
C
AND SUBSIDIARIES'
Consolidated Statements of Cash Flows
Years ended March 31, 1989 and 1988
1.4$2 128.$
(in thousands)
Cash flows from operating activities:
Net loss
$ (5.768)
(8,870)
Adjustments to reconcile net income to
net cash provided by operating activities:
Depreciation and amortization
12,733
13,022.
Wan-ant amortization
150
334
Allowance for bad debts
(116)
62
Effect of changes.inc
58
172
Accounts receivable
Prepaids and other assets
(211)
(62)
Accounts payable
(132)
1,547
Accrued liabilities
(147)
1,220
Deposits and prepaid.subscriptions
29
52.
Net cash provided by operating activities
6,596
7.477
Cash flows from investing activities:
Issuance of notes receivable
—
(391)
Collection of notes receivable
1,153
238
Capital expenditures
(3,800)
(5,847)
Payment for purchase of subsidiary
(638)
—
Net cash used in investing activities
(3.285)
'(6.000)
Cash flows from financing activities:
Issuance of notes payable
1,985
—
Payment of notes payable
(8.750)
(4)
Payments on capital lease obligations
(41
(16)
Net cash used in financing activities
(6,806)
120)
Net increase (decrease) in cash and cash equivalents
(3,495)
1,457
Cash and cash equivalents, beginning of year
5.512
4,055
Cash and cash equivalents, end of year
$ 2,017
5,512
Supplemental Disclosures of Cash Flow Information:
Cash paid for interest, net of amount capitalized
$ 13,329.
111906
Assets acquired under capital leases
$ 294
56
See accompanying notes to consolidated financial statements..
C. -9-
C
r�
SONIC COMMUNICATIONS
AND SUBSIDIARIES
Notes to Consolidated Financial Statements
March 31, 1989 and 1988
(1) QMani=*0
Sonic Communications (the Company) operates television (CATV) systems in California and
Alaska. The California cable operations are located in San Luis Obispo County and the surrounding
areas, Watsonville and.sti rounding areas, West Sacramento, Woodland, Auburn, the Portola/Feather
River area and the Riverbank area.of the San Joaquin Valley. The Alaskan operation is loeated.in
the city of Anchorage and surrounding communities with satellite operations in the Kenai Peninsula
and Bethel.
(2) ummary of Si mp 'Frans Acrnimting Policies
The consolidated financial statements include the accounts of the Company and its wholly -owned
subsidiaries. All significant intercompany balances and transactions have been eliminated_
PPr ner(y Plant and Equ amen[
CATV systems are star_ ^d at cost and are depreciated using the straight -line method over estimated
useful lives of S to 18 years for systems acquired after April 1, 1981. System additions prior to
April 1, 1981 are depredated using the declining balance method over estimated useful lives of 8 to
20 years.
Vehicles, machinery, office and data processing equipment and buildings are depreciated using the
straight -line and declining balance methods over estimated useful lives of 3 to 25 years.
Capital leases and lea- ce;hold improvements are amortized using the straight -line and declining
balance methods over the shorter of the lease term or the estimated useful life of the asset.
Construction in progress consists of expenditures incurred for expansion of existing CATV
systems. Interest inured during the period of construction is capitalized as part of the cost of the
CATV system. Repair and maintenance costs are charged to operations as incurred.
IntandbIcs
Intangibles are stated as cosL The excess of amounts paid over the fair values of tangible and
intangible assets acquired in purchase aansactions is recorded as goodwilI and is amortizes using the
straight -line method over the life of the franchise, or 40 years if the franchise has an indefinite life.
Franchise development costs are generally deferred and amortized using the straight -line method over
the life of the franchise.
Financing Costs
Financing costs are deferred and amortized. using the interest method, over the life of the loans.
which are 10 to 12 year-
(Continued)
(2) Summary of Significant Accounting Policies Conunued
CATV and Pay W– Revenues
CATV and Pay TV revenues include monthly subscriber billings. Installation fees and other
charges to subscribers are included in other revenue.
lncorne Taxes
In 1989, the Company adopted the liability method to account for income taxes in accordance with
Statement of Financial Accounting Standards No. 96. Deferred income taxes are provided for
temporary differences in reporting income and expenses for income tax and financial statement
purposes. This adoption had no effect on income in the current year.
Cash Eouivalents
For purposes of the statement of cash flows, the Company considers all highly liquid investments
purchased with a maturity of three months or less to be cash equivalents.
Reclassifications
Reclassifications have been made in the 1988 financial statements in
order to conform to the
proscntation adopted for 1989.
(3) Prr Xgy Plant and Eauioment
Propeny, plant and equipment consists of:
(in thousands)
CATV systems S
89,515 84,457
C-
Vehicles
1,517 1,378
Machinery, office and data
2,673 2,626
processing equipment
Buildings and leasehold improvements
2,711 2 530
96,416 90,991
Accumulated depreciation and amortization
(30) (24261
65.526 66,730
Construction in progress and inventory
1,618 2.760
Land
—8 ? -- 75
S
67,226 69,565
Property, plant and equipment includes capital leases for:an office building, data processing
equipment and vehicles totaling 51,353.000 and 51,043,000 in 1989 and 1988, respectively.
(Continued)
C
-11-
r
(4) intangibles and Deferred Costs
Intangibles and deferred costs consist of:
14$4
14$$
'
(in thousands)
Goodwill S
18,077
17,843
Non-compete agreements and subscriber lists;
12,659
11,467
Franchise development costs
5,592
5,057
Financing costs
1-659
1,659
Total intangibles and deferred costs
37,987
36.026
Accumulated amortization
(16 21
(10-922
Intangibles and deferred costs, net S
21,770
25104
(5) Notes Receivabie
Notes receivable at March 31, 1988 are unsecured and due from the sole shareholder
with interest
rates ranging from 6-9%. These not swere repaid in the current year.
(6) Notes Pavable
Notes payable consist of`
1989 ..
14.$$
(in thousands)
No= payable to insurance companies:
11.50% senior notes due 1996 S
17,500
20.000
11.75% senior notes due 1998
29,700
33,000
12.50% subordinated notes due 1996
8,521
9.682
\
\. 12.75 % subordinated notes due 1998
14,849
16.488
70,570
79.170
I
Notes payable to banks 30,000 30.000
Notes payable to shareholder 1.985 —
S 102,555 109,170
lncurance Comtrani
In connection with issuance of the subordinated notes. 10,000 detachable Class A warrants and
17,000 detachable Class B warrants were issued to the noteholders. The warrants have an imputed
value of 51,232,000 (S15 per unit for Class A and S46 per unit for Class B), are exercisable after
February 28, 1992 and before March 1, 1996 at 52.00 per share and have been recorded as additional
paid -tit capital. The number of shares of the Company's common stock for which each warrant is
exercisable will be determined at the time of exercise and is based on a certain percentage of the
Company's financial value at that time. The Company may, at the holder's option, purchase the
warrants during the exercise period. During the period March 1, 1994 to March 1, 1996, the
Company may, at its option, purchase all outstanding warrants.
The effective interest rates on the subordinated notes, discounted for the imputed value of the
warrants, is 13.55% for the 12.50% notes and 13.75% for the 12.75% notes.
-12-
(Continued)
(6) Notes Payable Continued
The notes require payments of $4.375,000 in 1990, 58;750,000 per year from 1991 through 1995,
and $5,000,000 per .year in 1996 and 1997. Optional prepayments both with and without penalty
are permitted under certain conditions. Prepayment penalties for fiscal year 1990 range from 7.67%
to 927% of outstanding principal. In 1989• principal payments include an optional prepayment as
allowed under the loan agreement. without penalty paid to the insurance companies of $4375,000.
The notes, collateralized by substantially all of the Company's assets, require the Company to
maintain certain financial ratios and include; among other things, restrictions as to additional
borrowings and payment of dividends.
Barks
The bank loan agreement provides for a maximum revolving line of credit of S30,000.000. The
principal outstanding was refinanced by a replacement term note scheduled to be paid:in 29 quarterly
installments commencing on June 30, 1989. Borrowings under the agreement are at fluctuating
interest rates (12% at March 31, 1989). The agreemenrrequ_ires that the Company maintain certain
financial ratios similar to the insurance company notes.
T ...K
In 1989 the Company established a term loan agreement with its sole shareholder. This debt is
subordinate to the insurance companies and bank debt_ The balance of this loan at March 31, 1989
was 51,985,000, which is due in one lump sum payment on March 31, 1998. no existing
insurance company and bank loan agreements require that the interest rate on this loan be greater
than or equal to the avenge rate of the existing insurance company and bank debt_ The average
borrowing rate to the shareholder for the year ending March 31. 1989 was 12 %.
Notes payable mature as follows:
(in thousands)
CS
1990
7,675
1991
12,350
1992
12,350
1993
12,800
1994
13.400
years
Later yea
—
S 102,555
rnLc=
The Company leases an office building from its sole shareholder under a capival lease which expires
October 1, 2004 and requires monthly payments of 513,000.
The Company and its subsidiaries have various noncancelable operating leases for vehicles, office
facilities and head-end site locations with terms in excess of one year.
(Continued)
1,; J
m Leases_ Continued
The present value of the minimum lease payments for all capital leases and the minimal annual
lease payments for operating leases as of March 31, 1989 are:
1990
1991
1992
1993
1994
Later years
Total minimum lease payments
iM
Caipp�t.a....l Opaanng
�2
(in thousands)
S 303 $
511
284
442
270
419
185
385
156
377
2,836 5 2,476
Less amount representing interest (1554)
Obligations under capital leases S 1,282
Interest expense on capital leases was S155.000 and S147,000 in 1989 and 1988, respectively.
In addition, the Company and its subsidiaries lease other office space and land under
month -to -month or other cancelable arrangements.
Rental expense for 1989 and 1988 was as follows:
Sole shareholder
Others
(8) Income Taxes
The income tax benefit consists of:
im i.
(in thousands)
S 144 144
571 707
S 715 851
Im lu
(in thousands)
pcf'mlcd S — 52
Current
S — 52
In 1988, the tax benefit of S52,000 arising from operating loss carryforwards was recognized in the
financial statements as a reduction of deferred income tax credits which resulted from timing
differences that will reverse during the carryforward period. At March 31, 1989, the Company has
operating loss carryforwards (expiring through 2004) of approximately 562,709,000 for federal
income tax purposes and 510,910,000 for financial reporting purposes. In addition, the Company
has certain stare operating loss carryforwards and investment tax credit car yforwards available to
offset future income taxes.
(Continued)
C_
-14-
C
(9) Profit Sharing Plan
The Company has a profit sharing plan covering all employees with more than one year of service.
Contributions to the plan are at the discretion of the Board of Directors, subject to certain
limitations under the Internal Revenue Code. Contributions to the plan were $46,000 and $30,000
in 1989 and 1988, respectively.
On October 7, 1988. the Company signed an asset sale agreement with another CATV company to
sell substantially all the assets of Sonic Cable Tv of Alaska (a wholly -owned subsidiary). The sale
price of the assess is estimated at 5143,000,000, but is contingent on a number of conditions The
most significant of these conditions are: the actual number of "paying" basic customers at a
specified measurement date and a calculation of adjusted assets and liabilities for various
prepayments and accruals of revenue and expenses. The sale is also contingent upon approval by
the Alaska Public Utilities Commission:
The sale, according to management estimates, is expected to be. completed during the first or second
quarter of the 1990 fiscal year.
(11) Commitments and Contingencies
Terms of various franchise agreements generally require that the Company and its subsidiaries pay
franchisors 2 -5% of annual CATV subscriber receipts, as described in the various agreements.
CATV franchises are normally granted for 15 to 20 years and have varying termination dates ranging
through 2006. Management is of the opinion that all existing franchises will be renewed.
Franchise fees expensed for 1989 and 1988 were 5706.000 and 5747,000, respectively.
The Company is.a guarantor on a 52 .500,000 personal line of credit for the sole shareholder.
The Company is involved in various legal actions and other claims in the ordinary course of
business relating to its CATV operations. Management believes that the resolution of these
matters will not materially affect the Company's financial position or operations.
-15-
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RESOLUTION NO.. 6 7 2 7 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE SUBMITTAL OF A NATIONAL REGISTER APPLICATION
FOR THE JACK RESIDENCE LOCATED AT 536 MARSH STREET
WHEREAS, the Jack Residence, located at 536 Marsh Street, is owned by the
City of San Luis Obispo and is - managed by the Jack House Committee; and
WHEREAS, in 1983 the City Council adopted Resolution 6157 which designated.
the Jack Residence as a "Historic Resource" that is "potentially eligible for the National
Register -"
WHEREAS, the San Luis Obispo Cultural Heritage Committee, in cooperation
with the Jack House Committee, has prepared a National Register application for the
Jack Residence; and
WHEREAS, it is the desire of the San Luis Obispo City Council that the Jack
Residence and grounds be recognized as an important cultural and historic resource by
its inclusion on the National Register of Historic Places administered by the National
Park Service and the Department of the Interior-.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. The Cultural Heritage Committee is authorized to submit the National Register
Application for the Jack Residence, attached as Exhibit "A," to the California
Office of Historic Preservation for consideration and action.
2. The Cultural Heritage Committee is authorized to act on the city's behalf in
processing the attached National Register Application.
Councilmember Council-member
On motion Of Ranpa , seconded by Roalman and
on the following roll call vote:
AYES: Councilmembers Rappa, Roalman, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this _ 5 ,. h day of De- m b e `r 1989.
r-----Mor Ron Dunin
ATTEST:
0I TACLERY, PAM ES
6727
t
Page 2: Resolution No. 6 7 2 7 (1989 Series)
APPROVED:
Randy Rossi, Interim Community
Development Director
s
ov
r»s F� 104M
(Row. W
United States Department of the Interior
National Park Service
EXHIBIT "A"
National Register of Historic Places
Registration Form
I
ore ra 102 W18
This form is for use in nominating or requesting determinations of eligibility for individual properties or districts. See instructions in Guidelines
forComplefiong National Register Forms (National Register Bulletin 16). Complete each item by marking "x" in the appropriate box or by entering
the requested information. If an item does not apply to the property being documented, enter "N/A" for "not applicable." For functions, styles, materials,
and areas of significance, enter only the categories and subcategories listed in the instructions. For additional space use continuation sheets
(Form 10 -9Wa). Type all entries.
other names/site number Jack House
Ownership of Property
Category of P
❑ private
X❑ building(s)
Q public -local
❑ district
❑ public -State
❑ site
❑ public - Federal
❑ structure
❑ object
of Resources
Contributing Noncontributing
3 1 buildings
sites
1 structures
objects
Total
Name of related multiple property listing: Number of contributing resources Previously
N/A listed in the National Register 0-
4. State /Federal Agency Certification ( 0 H P use 0n 1 y l
As the designated authority under the National Historic Preservation Act of 1966, as amended, I hereby certify that this
❑ nomination ❑ request for determination of eligibility meets the documentation standards for registering properties in the
National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60.
In my opinion, the property ❑ meets ❑ does not meet the National Register criteria. ❑ See continuation sheet.
Signature of certifying official Date
State or Federal agency and bureau
In my opinion, .the property ❑meets ❑does not meet the National Register criteria. ❑See continuation sheet.
Signature of commenting or other official Date
State or Federal agency and bureau
I, hereby, certify that this property is:
❑entered in the National Register.
See continuation sheet.
❑determined eligible for the National
Register. ❑ See _continuation sheet.
[:]determined not eligible for the
National Register.
❑ removed from the National Register.
❑ other, (explain:) -
Signature of the Keeper Date—of Action
Historic Functions (enter categories from instructions)
DomAetir/ei -ng1" dwelling
r. vescnpoon -
(enter categories from instructions)
Late Victorian /Italianate
Describe present and historic physical appearance.
Current Functions (enter categories from instructions)
RarrPAtion Anti r ult re /M uc— m -
Materials (enter
foundation concrete
walls wood -
roof cedar ehip„g Le%
other
Except for the maturation of the trees, the Jack House looks much the same as it did when
it was finished in the early 1880's It is located about four blocks sou't'hwest of the
business center of San Luis Obispo on the northwest side of Marsh Street. The house is a
two -story wood, balloon= framed, single residence, sitting on a raised concrete foundation.
The overall shape is rectangular with rooms located off a central hallway. A full porch
extends across the front of the house with a balustrade over the center entrance section
only. The tall, thin windows are double hung and evenly spaced with a cornice head. The
hip roof has a balustrade with a decorative vent. The eves are decorated with paired
brackets, medallion blocks, and a decorative frieze. Single -story bay windows are found
on each side with a similar design on the eves. There is a third ba,y- window in the rear.
on the west side. It is two stories and now has an elevator attached to it (1970). The
exterior sheeting is shiplap redwood, typical. of the era.
The carriage house and washroom are located to the north and northwest Of-the house. These
structures are assumed to have been built at the same time as the house. A uti.lity room is
between and a gazebo is in the eastern corner of the property. These were built by the
city in 1980.
The driveway enters the property from Marsh Street and continues straight back to the rear
of the lot where it makes a 90- degree turn to the right and continues to the carriage house
which is entered from the northwest side. The driveway and surrounding grounds are covered
with many mature trees planted by Nellie Jack who was particularly fond of trees and-exotic
plants.
[—]See continuation sheet
-,- -
8. Statement of Significance -
Certifying official has considered the significance of this property in relation to other properties:
❑ nationally statewide ❑ locally
Applicable National Register Criteria Q A X❑ B O C [::]D
Criteria Considerations (Exceptions) ❑ A Q B EC [JD ❑ E ❑ F [:]G
Areas of Significance (enter categories from instructions) Period of Significance Significant Dates
Commerce 1881 -1916
Cultural Affiliation
Significant Person Archiiect/Builder
Jack, Robert Edgar _ Evans, William
State significance of property, and justify criteria, criteria considerations, and areas and periods of significance noted above.
The Jack House was the residence of Robert Edgar and Nellie Hollister Jack.. He was a
prominent land developer, banker, and rancher in Central California from the 1870's until
his death in 1916.
R.E. Jac, was born in Maine and came to California in 1868. He started ranching the
following year by buying'half of Rancho Cholame from W.W. Holl.ister. In 1870. he married
Nellie, the niece of W.W., and the following year they moved to the City of San Luis
Obispo: When her uncle died in 1874, Jack bought the remainder of the ranch from his
widow. The ranch's Circle C brand is the oldest brand registered with the State of
California that is still in regular use..
At this time, the area was mainly ranching, both, sheep and cattle. R.E. Jack brought new
breeds and breeding methods to California. As one of the 'largest sheepfarmers., he employed
hundreds of Basque sheepherders and had numerous connect.ions along the 1200 mile sheep
grazing routes which ran from San Bernadino in the south, to Glenn and Tehama counties in
the north as well as east of the Sierras.
The drought of the 1860's had encouraged diversification into grains. dairy, fruit trees.
and vegetable production. However, transportation to markets north and south was generally
slow (ship) and expensive (road). The West Coast had just been linked by the Trans-
continental Railroad to the east and the Southern Pacific Line extended south to Soledad
in 1873. Everyone expected it to be extended through San Luis Obispo to link Los Angeles.
R.E. Jack was ready for the railroad.
Although wool growing was listed as his occupation as late as 1883, R.E. Jack was already
an established banker by that time. In the early 1870's., he was the cashier of the
First National Bank, which was later the Bank of San Luis Obispo. He was a principal in
the banks of Paso Robles, Santa Maria and Lompoc.
Q See continuation sheet
Guinn, J.M., His.to.rY_of_the State of California, (Santa Cruz, San Benito, Monterey, and
San Luis Obispo), Chapman Publishing Co., Chicago,.1903.
Nicholson, Loren, Rails Across-.the Ranchosi Valley Publishers, Fresno, 1980.
Storke, Mrs. Yda Addis, A —Memorial — and_ Biographical _History_of_Santa_Barbara., San Luis
—----- - -- - -- - - -- ----------------
Obispo_and_Ventura_Counties, Lewis Publishing Co., Chicago, 1891;
Previous documentation on file (NPS):
❑ preliminary determination of individual listing (36 CFR 61)
has been requested
❑ previously listed in the National Register
❑previously determined eligible by the National Register
❑designated a National Historic Landmark
❑ recorded by Historic American Buildings
Survey #
❑ recorded by Historic American Engineering
❑ See continuation sheet
Primary location of additional data:
State historic preservation office
❑ Other State agency
❑ Federal agency
Q Local government
❑x University:.
❑ Other
Record # _(_1 )_San Luis
Office; (2) California Polytechnic State University - Robert E,
rar
rder'•
Acreage of property • $4
UTM References
A II-1 I- 'I I I I I I L I I _Lj e Lid ..l -1 . ,__I J I 1 1 1 1
Zone Easting Northing Zone Easting- _ Northing
C L.1_1 1 1 1 1 I I_ 1 .1 1 I I D W I I I I l I I I
❑ See continuation sheet
Verbal Boundary Description -
E See continuation sheet
Boundary Justification -
These City lots have always been occupied by the Jack House and its out - buildings.
❑ See continuation sheet'
11.. Form Prepared By -
name /title Leo W._Pinacd, II, Member
- -
organization SLO- Cultural Heritage Committee date December_5-,._1989
street & number - -714- Buchon Street telephone -(805 )_544-_4566
city or town Sa.n -Luis Obispo state_Caa_i,f6rn.ie_ zipoale 93401
wve ram 1049W� CAM yv� Na 1024401e
04M)
United States Department of the interior
National Park Service
National Register of Historic Places
Continuation Sheet
Section number B Page
9 --
By 1886, the rails had reached Templeton and the local business elite in San Luis Obispo
were concerned that it continue through their town. To accomplish this, the Board of
Trade (Chamber of Commerce) was established with R.E.. Jack as the Treasurer. He was
already the Treasurer of the West Coast Land Company which was selling land adjacent to
the railroad in Templeton. He was also the Secretary and Co- Treasurer of the California
Southern Hotel Col, which had built the Ramona Hotel in anticipation of the railroad
coming to San Luis Obispo. To get hotel guests from the narrow gauge Pacific Railroad,
Jack bought the City's first horse -drawn rail trolley. Consequently, he was most anxious,
for the Southern Pacific to arrive in San Luis Obispo.,
In 1887, the Southern Pacific asked Jack, Isaac Goldtree, and J.P. Andrews to procure
the right -of =way for the railroad through the City of San Luis Obispo. Prominent citizens
were enlisted for this job since the railroad expected landowners along the proposed route
to give up their land for the "good of all" citizens in the community. Mr. Jack also
represented the City as its Mayor from 1890 to 1893.'
This pattern of land sales and hotel buildings continued south to Los Olivos and Lompoc.
However, much before the land boom was over, R.E. Jack was a millionaire. The San
Francisco Examiner listed'him as the richest taxpayer in the County in 1890.
Nellie Jack was known for her love of reading and was a founding member of the library
in 1892 which eventually became the City Library in 1898. She hosted 'many lawn parties
at her house to raise funds for the library. For a time, the Andrews Building was used
to house the collection until the Carnegie Library was finished in 1905.
_ .r \
Nft ram 104W" OW Aas09d Na. 16 4=8
United States Department of the Interior
National Park Service
National Register of Historic Places
Continuation Sheet
Section number 10 page 10.1
VERBAL BOUNDARY DESCRIPTION:
Commencing at a point on the southerly line of Higuera Street South 53° 7' West,
One Hundred and Eighty -Three feet, six inches (183 -6/12 feet) from the Southwest
corner of Higuera and Nipomo Streets and running.thence South 53 °7' West on the South
line of Higuera Street Two Hundred and Twenty -Five (225) feet,' thence South M6 53' East
to the line of Marsh Street: thence, Northeasterly along the.line of Marsh Street, Two
Hundred and Twenty -Five (1225) feet.: thence, at right an Northwesterly to Higuera
Street and the point of beginning and being all that portion of Block 62 of the City of
San Luis Obispo, occupied as a residence of R.E. Jack and wife, and extending from Higuera
Street to Marsh Street according to two deeds: One made by H.M. Warden to Nellie
Hollister Jack, dated August 9, .1875: and the other made by Thomas Higuera and others
on February 11, 1876, to R. Edgar Jack.: and both of record in the Recorders Office of
San Luis Obispo County, State of California.
Excepting therefrom that portion thereof conveyed to Manuel F. Lima, et ux, by deed
dated September 29, 1922, and recorded October 2, 1922, in Book 157, Page 410 of Deeds.
Also; excepting therefrom, that portion thereof conveyed by deed dated November 22, 1917,
in Book 188, Page 449 of Deeds to Nicholas F. Schlicht,
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i
A RESOLUTION OF THE CULTURAL HERITAGE COMMITTEE_
OF THE CITY OF SAN LUIS OBISPO
SUPPORTING THE SUBMITTAL OF A NATIONAL REGISTER APPLICATION
FOR THE JACK RESIDENCE
WHEREAS, the Jack Residence, located at 536 Marsh Street, is owned by the
City of San Luis Obispo and is managed by the Jack House Committee; and
WHEREAS, in 1983 the City Council adopted .Resolution 6157 which designated
the Jack Residence as an Historic Resource that is "potentially eligible for the National
Register;" and
WHEREAS, consistent with the city's adopted Historical Preservation Guidelines,
it is an important function of the Cultural Heritage Committee to assist with the
preparation of applications to the National Register. of Historic Places; and
WHEREAS, the Cultural Heritage Committee, in cooperation with the Jack
House Committee, has prepared a draft National Register application for the Jack
Residence; and
WHEREAS, it is the desire of the Jack House Committee and the Cultural
Heritage Committee that the Jack Residence and grounds be recognized as an important
community cultural and historic resource by its inclusion on the National Register of
Historic Places maintained by the U.S. Department of the Interior.
NOW THEREFORE BE IT RESOLVED by the Cultural Heritage Committee of
San Luis Obispo as follows:
1. The attached National Register Application for the Jack Residence is
forward to the City Council with a recommendation that the council
authorize its submittal to the California Office of Historic Preservation for
processing.
2. The Cultural Heritage Committee requests that the City Council authorize
it to work with the California Office of Historic Preservation to complete
the processing of the attached application.
On motion of _Kreiger_, seconded by _Nicholson_ and on the following
role call vote:
AYES: Kreiger, Nicholson, Graham, Hall-Patton,, Pinard, Sievertson,
Heinz, Waldron, and Faekes
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 2nd day of November, 1989.
4
Chairperson, Cultural Heritage Committee
r,
RESOLUTION NO. 6726 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A CITY OF SAN LUIS OBISPO
SEXUAL HARASSMENT AVOIDANCE POLICY.
WHEREAS, the City Council and Management Team are desirous of
adopting a Sexual Harassment Avoidance Policy; and
WHEREAS, the Personnel Department will use this Policy to
enhance its Sexual Harassment Avoidance Training; and
WHEREAS, the Sexual Harassment Avoidance Training Program has
been purchased by the Personnel Department;
NOW, THEREFORE, BE IT RESOLVED that the City Council adopt the
City of San Luis Sexual Harassment Avoidance Policy.
On motion of Rappa, seconded by Roalman, and on the following
roll call vote:
AYES: Councilmembers Rappa, Roalman, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of
December, 1989.
ATTEST:
MAYOR
i'
6726
Resolution No. 6726
APPROVED:
1t
City dininistratve Officer
t n
Personnel Director
(1989 Series)
L
December 1989
CITY OF SAN LUIS OBISPO
SEXUAL HARASSMENT AVOIDANCE POLICY
Resolution No. 6726 (1989 Series)
It is the policy of the City of San Luis Obispo that all employees should be able to enjoy
a work environment free from all forms of discrimination, including sexual harassment.
In accordance with federal regulations requiring employers to adopt clear policies
prohibiting sexual harassment in employment, the City Council has adopted the policy
statement forth in full below:
Policy Against Sexual Harassment: It is the policy of the City of San Luis Obispo
that employees have a working environment free of unlawful discrimination. The
work environment should be business -like and assure fair, courteous treatment for
employees and the public we serve. Sexual harassment may constitute illegal .sex
discrimination and may violate both state and federal law. It is employee misconduct
that could decrease work productivity, undermine the integrity of employment
relationships, decrease moral and cause severe emotional and physical stress.
All employees should be informed of the discrimination complaint process and be
assured of their right to file complaints without fear of reprisal. All employees,
including supervisors and managers, shall receive on -going training regarding
behavior that constitutes sexual harassment. Employees should also understand the
importance of reporting incidents promptly to assure that further incidents do not
occur.
The City Council expects City department heads to convey to their employees strong
disapproval of sexual harassment. All employees including supervisors and managers
should be clearly informed regarding behavior that constitutes sexual harassment or
creates the perception of sexual harassment and the consequences of such actions.
The employees should be aware that sexual harassment of another employee shall be
grounds for disciplinary action. Employees also should be aware that ignoring sexual
harassment complaints is also grounds for disciplinary action.
Definition.of Sexual Harassment: "Sexual harassment ", as used in this policy includes
any unsolicited and unwelcome sexual overtures by any employee, supervisor,
manager, or non - employee, be they written, verbal, physical, visual, whenever.
Submission is made either explicitly or implicitly a term or condition on
employment;
Submission or rejection by an employee is used as a basis for employment
decisions affecting the employee; or
Such conduct has the potential to affect an employee's work performance
negatively or create an intimidating, hostile or otherwise offensive work
environment.
COMPLAINT PROCEDURE
Any employee who feels he /she has been the victim of sexual harassment should
contact EITHER his /her supervisor, Department Head or Personnel Director as soon
as possible a_s time is of the essence in investigating charges. Th_ a initial report can
be oral or written, but a written and signed statement of the ,complaint must be
submitted by the complaining employee within five (5) working days of the initial
report so an investigation can proceed into the matter. The formal written complaint
must cite the specific incident(s) as well as the desired resolution. The Personnel
Director will advise the City Administrative Officer of the receipt of all written,
"sexual harassment complaints.
2. Upon receipt of the written complaint, the Personnel Department will conduct or
refer to others an investigation of the charges, including contacting the person who
allegedly engaged in sexual harassment, informing him /her of the basis of the
complaint and providing an opportunity to respond.
3. Upon completion of the investigation, the Personnel Department and Department
Head will consult on what, if any, disciplinary action will be taken. Discipline will
be imposed by the Department Head. Both parties will be notified of the action to
be taken. The Personnel Director will advise the City Administrative Officer of the
disposition of all sexual harassment complaints.
4. If it is determined that sexual harassment occurred; appropriate disciplinary action,
up to and including dismissal, will be taken. The severity of the discipline will be
determined by the severity and /or frequency of the offense.
5. Disciplinary action taken under this procedure may be appealed with or without
representation subject to appeal or grievance procedures indicated in the appropriate
Memorandum of Agreement or Personnel Rules and Regulations.
6. An employee who is not satisfied with the disposition of the investigation may
submit an appeal to the City Administrative Officer within ten (10) calendar days
from receipt of the conclusion of the Personnel Director.
7. Employees may appeal the City Administrative Officer's disposition of the
investigation to the Personnel Board.
CONFIDENTIALITY
To the extent feasible, proceedings under this policy and all reports and records filed shall
be confidential to the parties involved, and reasonable effort shall be; made to protect the
privacy interests of the parties.
RESPONSIBILITY
Emnlovee: 1. If possible, politely but firmly confront whoever is doing the
harassing. State how you feel about his /her actions and request
that the person cease harassing you immediately. Document in
writing the date, location and conversation for your own records..
2. If this does not resolve the concern (problem /situation) or if the
employee feels uncomfortable or threatened, report any act of
sexual harassment to your immediate supervisor or Department
Head or the Personnel Department, as provided in the complaint
procedure. The choice is left uo to the emnlovee.
_2-
-3-
(007,
Supervisor /
Department Head 1.
Inform all employees under your direction of the City policy and
complaint procedure regarding sexual harassment.
2.
Receive complaints of sexual harassment from employees and
immediately report any complaints of sexual harassment to the
Personnel Department.
3.
Confer with the Personnel Department. on extent of investigation
and discipline.
4.
Following investigation, take appropriate action, including
discipline as appropriate.
Personnel
Department 1.
Conduct Sexual Harassment Avoidance Training Programs for
all City employees.
2.
Assume responsibility for administration of the complaint
procedure.
3.
Receive and review any and all complaints.
4.
Conduct or assist in investigation and consult with the
Department Head on disciplinary action as may be appropriate.
5.
Advise City Administrative Officer of the receipt and
disposition of all sexual harassment complaints.
6.
Prepare the documentation for the hearing before the City
Administrative Officer.
City
Administrative
fficer I.
Assume responsibility for the administrative appeal process.
2.
Conduct a confidential hearing as expeditiously as possible upon
receipt of an appeal.
3.
Provide the employee with a written response within ten (10)
calendar days from the conclusion of the administrative hearing.
Personnel
Board 1.
Hear appeals of disciplinary action pursuant to the City
Grievance Procedures and appeals from employees dissatisfied
with the City Administrative Officer's disposition of the
investigation.
-3-
RESOLUTION NO. 6725 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AMENDMENT NO. 3 TO THE
WASTEWATER MANAGEMENT PLAN
WHEREAS, the City has adopted a Wastewater Management Plan;
WHEREAS, the City has applied for a State low - interest loan
for funding of the facilities improvements projects for
implementation of the Wastewater Management Plan;
WHEREAS, the State requires preparation of a Project Report
Supplement for a facilities plan and loan approval for all
projects applying for State funds.
NOW THEREFORE, BE IT RESOLVED that the City Council approve
Amendment No. 3 to the Wastewater Management Plan for Engineering
Services of Brown and Caldwell Engineers for preparation of a
Project Report Supplement.
On motion of Mayor Dunin seconded by
Councilman Reiss. and on the following roll call vote:
AYES: Mayor Dunin, Councilmembers Reiss, Rappa,and Settle
NOES: Councilmember Pinard
ABSENT: None
The foregoing Resolution was passed and adopted this 21st day
of November , 1989.
MAYOR RON DUNIN
ATT ST
CITA CLERK PAM OGES
* * * * * * * * * * *
6725 I
Resolution No. 6725 (1989 Series)
Page Two
APPROVED:
City 4dministrative off
City A
Finance Director
Utilities Director
resno3 /moss
AMENDMENT NO. 3
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN CITY OF SAN LUIS OBISPO
AND BROWN AND CALDWELL FOR
IMPLEMENTATION OF WASTEWATER 14ANAGEMENT PLAN
THIS AMENDMENT NO. 3 to the Engineering Services Agreement dated
February 23, 1988, between City of San Luis Obispo, hereinafter
referred to as "Owner ", and Brown and Caldwell, a California
corporation, hereinafter referred to as "Engineer," is made and
entered into this day of November 1989.
WITNESSETH:
WHEREAS, on February 23, 1988, Owner and Engineer entered into an
agreement for engineering services; and
WHEREAS, in Article IIB of said Agreement, Owner and Engineer
agreed that certain of the work contemplated to be performed by
Engineer could not be sufficiently defined at the time of execution
of the Agreement; and
WHEREAS, during the detailed engineering design of the improve-
ments, it became apparent that additional facilities were required
to comply with the receiving water requirements; and
WHEREAS, Owner has requested Engineer to prepare a Project Report
in accordance with the State Water Resources Control Board (SWRCBT
policy for implementing the State Revolving Fund (SRF) for
construction of wastewater treatment facilities.
WHEREAS, Owner has requested changes in the scope of work;
NOW THEREFORE, Owner and Engineer agree to amend the Agreement as
follows:
I. SCOPE OF PLANNED ENGINEERING SERVICES
The scope of planned engineering services as described in Exhibit B
of the original Agreement is amended to provide the following
additional engineering services:
Page 1 of 2
N /AGR :SLO -A3
1. Prepare a Project Report in accordance with the
requirements outlined on Pages 6 through 8 of the SWRCB
"Policy for Implementing the SRF for Construction of
Wastewater Treatment Facilities, August 18, 1988 ".
2. Submit five copies of the draft Project Report to the
City and SWRCB for their review and comments.
Incorporate review comments and submit ten copies of
the final Project Report to the City.
IV. SCHEDULE
Engineer was authorized to proceed with the modified scope of work
effective on November 13, 1989. The modified scope of work shall
be completed by January 31, 1990.
IV. COMPENSATION
Compensation for the services provided under Article I of this
Amendment shall be calculated on the same basis as in the original
Agreement. The cost ceiling for the work done under this
Amendment is $35,500 which increases the total cost ceiling under
the Agreement to $1,271;52.5. The fixed professional fee for the
work done under this Amendment is $4,500 which increases the total
fixed professional fee to $153,820.
All other terms and conditions of the Agreement dated February 23,
1988 remain unchanged.
BROWN AND
Signature
Printed Name Pervaiz Anwar
Title Vice President
Date (.
N /AGR:SLO -A3
OWNER
Signature
Printed name
Title
Date.
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