HomeMy WebLinkAbout6736-6761RESOLUTION NO. 6761 (1990 Series)
APPOINTMENT OF A TASK FORCE FOR THE
COUNTY INTEGRATED WASTE MANAGEMENT PLAN
WHEREAS, effective January 1, 1990, the portions of the State Health and
Safety Code that required the Solid Waste Management Plan were repealed, and
WHEREAS, as the County Solid Waste Management Plant no longer exists, the
Solid Waste Management Commission may also be considered to no longer exist; and
WHEREAS, on January 1, 1990, the Assembly Bill. 939 - "The California
Integrated Waste Management Act of 1989" became effective and required
appointment of 'a local task force by March 1, 1990 to assist, in coordinating the
development -of city and county source reductions and recycling elements to
prepare a countywide siting element, and
WHEREAS, on January 4, 1990, the County Solid Waste Management Commission
considered and approved a motion to recommend to the cities and county that the
Commission be established as the Solid Waste Task Force.
NOW, THEREFORE, BE NT RESOLVED, the City Council of the City of Sari Luis
Obispo does hereby appoint Councilwoman.Penny Rappa to serve as the member on
the Solid Waste Task Force and Fire Chief Mike Dolder to serve as the alternte
on the Solid Waste Task Force.
Upon motion of. Councilman Roalman - seconded by Councilwoman, Pinard
and on the following roll call vote:
AYES: Counciluembers Roalman, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was adopted this 20th day of February
1990
6761
Resv'iution No. 6761 (1990 Series)
ATTEST:
d ..0
Pan Vo es, City C1
APPROVED:
City a Officer
WR56/ ill _
Mayor Ron _unin
a
I
40
m
U RESOLU'T'ION No. 6760 �
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
PARTICIPATION OF THE POLICE DEPARTMENT
IN THE SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE
WHEREAS, the City of San Luis Obispo recognizes that the trafficking and use of illicit drugs
poses significant law enforcement and social problems within the County of San Luis Obispo; and
WHEREAS, the City of San Luis Obispo recognizes that an effective illicit drug enforcement
program can be accomplished only through the cooperative regional efforts of all the law enforcement
jurisdictions within the County of San Luis Obispo; and
WHEREAS, the City of San Luis Obispo desires that the San Luis Obispo Police Department
should participate in the San Luis Obispo County Narcotic Task Force.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO HEREBY
RESOLVES AS FOLLOWS:
1. That the City of San Luis Obispo adopt the Inter - Agency Agreement for the San Luis
Obispo County Narcotic Task Force ("agreement ") attached hereto as Exhibit A and incorporated herein
by reference;
2. That the Chief of Police be designated as the City's representative to the Board of
Governors of the San Luis Obispo County Narcotic Task Force, and that he be authorized to execute
agreements on behalf of the City, consistent with the Agreement and the City Budget;
3. That the Police Department provide. manpower and support to the San Luis Obispo
County Narcotic Task Force as delineated in the Inter - Agency Agreement for the San Luis Obispo
County Narcotic Task Force; and
4. That this resolution shall remain in effect until. June 30, 1993, the date of expiration
for the Inter -Agency Agreement for the San Luis Obispo County Narcotic Task Force, unless sooner
terminated by action of the City Council.
On motion of Council MemberRpahrian , seconded by Council Member Pinard , and on the
following roll call vote, to wit:
AYES: Councilmembers Roalm3n, Pinard, Rappa, Reiss .and Mayor Amin
NOES: None
ABSENT: None
the foregoing resolution was passed.and adopted this 20t*y of February, 1990.
mall �� •@•
ATTEST: L/
P VOGES.- CLERK
APPROVED AS TO
• � FORK-
6760
B. Authority of the Board
The Board shall have the authority to establish, evaluate,
and change the goals and objectives of the NTF whenever
necessary. It shall also have the authority to enter into
financial arrangements to the extent of resources available.
Additionally, the Board of Governors will be responsible for
the expenditure ort- seized asset forfeiture funds which are
held in a San Luis Obispo County Narcotic Task Force account
with the County Auditor. The Board of Governors will, by
majority vote, allow expenditures from said account.
C. Board Meetings
The Board shall fix time and place for its meetings and
shall hold at least one meeting quarterly. Any action taken
by the Board shall be taken by a majority in attendance
provided a quorum exists_ Four members of the Board shall
constitute a quorum.
D. Board Chairman
One member of the Board shall be elected as Chairman and
serve for a one year term. The Bureau of Narcotic
Enforcement Special Agent in Charge and the representative
of the California Highway Patrol shall not serve as
Chairman.
3
U
NOW, .THEREFORE, the parties do agree as follows:
1. Effect of Agreement
This Agreement shall supercede and be a novation of the Law
Enforcement Inter - Agency Agreement dated June 30, 1987.
2. Purpose
The purpose of this Inter - Agency Agreement is to provide for the
exercise of common power of each of the parties to provide combined
investigative resources.. These resources shall be utilized for the
Purpose of enforcing the laws of the State of California as they
relate to narcotics and controlled substances. The specific goals and
objectives of the Task Force will be determined. by the San Luis Obispo
County Narcotics Task Force Board of Governors and published as the
SLOCNTF Manual of Policies and-Procedures.
3. Governing Body of NTF
A. Composition of Board of Governors
The NTF will be governed by the Police Chiefs of Atascadero,
Arroyo Grande, and San Luis Obispo, the Sheriff of San Luis
Obispo County., ti:a District Attorney of San Luis Obispo
County, the Station Commander of the Templeton Station of
the California Highway Patrol, and the Special Agent in
Charge of the Los Angeles Field Office of the Bureau of
Narcotic Enforcement. Each of these members shall have an
equal vote.
4. Supervision _of_ the NTF
A Special Agent Supervisor /Task Force Commander from the Bureau
of Narcotic Enforcement shall be responsible for supervision of the
NTF, and will report directly to the Board, through the Chairman. The
Task Force Commander shall be requited to inform each agency head, on
a frequency established by the Board, on all potential targets for
investigations, NTF activities, and /or any controlled substance
related problems.
5. Task Force Assignments
A. Agency personnel will be assigned as.
follows:
San Luis Obispo Sheriff's Department
- Two
Deputy Sheriffs
San Luis Obispo Police Department
- One
Police Officer
- One
Secretary I
Atascadero Police Department
- One
Police Officer
Arroyo Grande Police Department
- One
Police Officer
Paso Robles Police Department
- One
Police Officer
Morro Bay Police Department
- One
Police Officer
San Luis Obispo District Attorney
- Two
Investigators
- One
part -time
Account Clerk
California Highway Patrol
- One
Police Officer
Bureau of Narcotic Enforcement
- One
Special Agent
Supervisor
/Task
Force Commander
4
B. Any individuals assigned shall be under the immediate
control of the Task Force Commander and shall adhere to all
NTF policies and procedures.
C. Each agency shall be responsible for compensation of the
personnel assigned from that agency to include all salaries,
benefits, payroll taxes and insurances, and overtime..
Overtime, due to potential budgetary impact,, must be an item
of communication between each agency responsible for payment
and the NTF supervisor.
D. The police officer assigned by the Atascadero Police
Department, Arroyo Grande Police Department, and the
secretary assigned by the San Luis Obispo Police Department
shall be compensated by funds contributed by the following
cities.
City of Arroyo Grande
City of Atascadero
California Polytechnic University
City of Grover City
City of Morro Bay
City of Paso Robles
City of Pismo Beach
The City of San Luis Obispo will contribute funds to pay a portion of
the Arroyo Grande Police Officer as their fair share.
5
Each agency will contribute funds to the City of San .Luis Obispo
Finance Department as their fair share of the annual budget proposal
approved; by the Board of Governors. Any cost of living increases, as
granted by the employing agency will also be compensated.. The San Luis
Obispo Finance Department will dispense funds at the discretion of the
Board of Governors.
E. The police officers assigned by the Paso Robles Police
Department, the Morro Bay Police department, and the part -
time account. clerk assigned by the San Luis Obispo District
Attorney's Office shall be compensated by funds generated
by asset forfeiture monies. The assignment shall be
evaluated every fiscal year for continuation based. on the
availability of revenue.
6. Asset. Forfeiture
It shall be the responsibility of the San Luis Obispo County
Narcotic Task Force to investigate those asset forfeiture seizures
initiated within the County of San Luis Obispo under section 11470
of the California Uniform Controlled Substances Act and 21 United
States Code 881. Such seizures will then be deposited in accounts
maintained in a Narcotic Task Force interest bearing account held by
the San Luis Obispo County Auditor /Controller. Expenditures of
proceeds derived from such seizures after disposition shall be
authorized by majority vote of the San Luis Obispo County Narcotic
N
J
Task Force Board of Governors in compliance with 11489 of the
California Uniform Controlled Substances Act and /or federal
guidelines.
7. Equipment and Supplies
The San Luis Obispo Police Department-, San Luis Obispo County
Sheriff's Department, and the California Bureau of Narcotic
Enforcement shall each be responsible for providing vehicles to be
utilized by personnel assigned to the unit. This responsibility shall
include insurance, gas and oil, upkeep and maintenance, radio
installation, and other expenses associated with the vehicles.. The
California. Bureau of Narcotic Enforcement will provide Task Force
office space, telephone service, a• portable base station, $20,000 in
undercover buy funds, and will provide a burglar alarm system for
said office. The San Luis Obispo Police Department will provide
$1,200 in undercover funds for the purchase of drugs and narcotics in
the City of San .Luis Obispo. San Luis Obispo County Sheriff's
Department will provide $1,000 in investigative funds for the purchase
of drugs and narcotics in the County of San Luis Obispo.
Additionally, $4,000 from the San Luis Obispo County Drug Fund will
be allotted to the Task Force for the purchase of drugs and narcotics
in the County of San Luis Obispo. Office supplies and office expenses
should be provided for from excess funds paid by the eight agencies
listed in Section 5 -D.
7
8. Acts of Particioatind Agents
Personnel assigned to the Task Force shall be deemed to be
continuing under the employment of their parent.agency.
9. Term Withdrawal and Termination of Agreement
The term hereof is three years, until June 30, 1993.
Any member agency may withdraw from the Task Force by resolution
of its governing body. Written notice of such withdrawal shall be
given to the Board prior to February 01, and become effective only as
of July 01, in the year in which withdrawal is made.
Termination of this agreement may be made by resolution.of the
governing bodies of all but one of the participating agencies..
IN WITNESS, WHEREOF, the parties have executed this Agreement on
the dates set forth beside their respective signatures.
CITY OF SAN LUIS OBISPO
Date. 02 b
Y ATTEST: -
City lerk Pam Voge
M.
C'Fa—y-6r Ron. Dunin
RESOLUTION No.`.6 7 60
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
PARTICIPATION OF THE POLICE DEPARTMENT
IN THE SAN LUIS OBISPO COUNTY NARCO'T'IC TASK FORCE
WHEREAS, the City of San Luis Obispo recognizes that the trafficking and use of illicit drugs
poses significant law enforcement and social problems within the County of San Luis Obispo; and
WHEREAS, the City of San Luis Obispo recognizes that an effective illicit drug enforcement
program can be accomplished only through the cooperative regional efforts of all the law enforcement
jurisdictions within the County of San Luis Obispo; and
WHEREAS, the City of San Luis Obispo desires that the San Luis Obispo Police Department
should participate in the San Luis Obispo County Narcotic Task Force.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO HEREBY
RESOLVES AS FOLLOWS:
1. That the City of San Luis Obispo adopt the Inter - Agency Agreement for the San Luis
Obispo County Narcotic Task Force ( "agreement ") attached hereto as Exhibit A and incorporated.herein
by reference;
2; That the Chief of Police be designated as the City's representative to the Board of
Governors of the San Luis Obispo County Narcotic Task Force, and that he be authorized to execute
agreements on behalf of the City, consistent with the Agreement and the City Budget;
3. That the Police Department provide manpower and support to the San Luis Obispo
County Narcotic Task Force as delineated in the Inter - Agency Agreement for the San Luis Obispo
County Narcotic Task Force; and
4. That this resolution shall remain in effect until June 30, 1993, the date of expiration
for the Inter - Agency Agreement for the San Luis Obispo County Narcotic Task Force, unless sooner
terminated by action of the City Council. -
On motion of Council MemberROalrmn seconded by Council Member Pinard , and on the
following roll call vote, to wit:.
AYES: Councilmembers Roalman, Pinard, Rappa, Reiss and Mayor Amin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 20trday of February, 1990.
ATTEST U.,
PARY VOGES, CLERK
APPROVED AS TO FORM:
� ®RA,MR
117re 11
®r
6760
INTER - AGENCY AGREEMENT
FOR THE
SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE
This Agreement is entered into, by and among, the State of California,
Department of Justice, Bureau of Narcotic Enforcement; the County of San
Luis Obispo; the cities of Arroyo Grande, Atascadero, Grover City, Morro
Bay, Paso Robles, Pismo Beach, and San Luis Obispo; the California
Polytechnic State University, San Luis Obispo; and the California
Highway Patrol. This agreement shall be effective July 1, 1990,
provided that by said date it has been ratified by all agencies
identified above.
WITNESSETH
WHEREAS, Law Enforcement Administrators agree that drug cultivation,
manufacturing, distribution,_;.sale, and use presents a major law
enforcement problem, and
WHEREAS, each agency identified above is unable to commit sufficient
resources to adequately curtail those illegal practices, and
WHEREAS, the above identified agencies, by Inter- Agency agreement, .
combined resources to control narcotics activities in San Luis Obispo
County, and
WHEREAS, the San Luis Obispo County Narcotics Task Force has been very
successful during that time.
1
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� C
RESOLUTION N0.6759 (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP AND ACCEPTING PUBLIC IMPROVEMENTS
FOR TRACT NO. 1439 LOCATED AT 1901 ROYAL WAY
(Sandra and O. Robert Noyes, Subdividers)
WHEREAS, the City Council made certain findings concerning
Tract No. 1439 as contained in Resolution No. 6560 (1988 Series),
and
WHEREAS, all conditions required per said resolution have
been met, and the final map is in substantial conformity with the
approved tentative map, and
WHEREAS, all public improvements have been constructed to
City standards and specifications.
NOW THEREFORE BE IT RESOLVED that the final map is hereby
approved and the public improvements are hereby accepted by the
City for maintenance for Tract No. 1439.
On motion of Councilman Roalman , seconded by Councilwoman Pinard
and on the following roll call vote:
AYES: Counclmembers Roalman, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 20th day
Of February , 1990.
AYOR RON DUNIN
ATTEST:
p UXA
CITY CLERK p V GES
6759
C''
Resolution No. 6759 (1990 Series)
Page Two.
APPROVED:
City ngineer
jk1.wp /t1439res.wp
by
m
0
Y
RECORDING REQUESTE.
1st American Title
AND WHEN RECORDED MAIL TO:
City of San Luis Obispo
Planning Department
c/o First American Title
NOTICE
.4M "-111-44
Additional information for TR. No. 1439 filed Book _, page _ of Maps
The following is for information only, describing conditions as of the date
of filing, and is not intended to affect record title interest.
The possibility exists of a delay in obtaining a building
permit due to City of San Luis Obispo Water Supply and
Water usage.
STATEOFCALI$R It Obispo (ss.
COUNTY OF SSddRR LL
STATE OF CALIFQRNIA
COUNTYOF San Luis Obispo )Ss.
On jdm aj'y 17., 1990 before me, the undersigned a Notary Public in and for
said State personally appeared Sandra We1Ch NOY-eS
r proved to me on the basis of satis-
factoryevidence) to be the personM whose nameX is/dMub-
scribed to the within instrument and acknowledged to me that
tp/she/tlin executed the same.
WITNESS my hand and official seal.
1�
Slynatura.� D S' .
o
ever Rbbert Noyes
Jq.. , 7 j& --Azy,
Sandra Welch Noyes 0
O B08AN S. KELLY
NOTARY PUBLIC
+ SAN LUIS OB1SP0 COUNTY
my Commiseion Ex CALIFORNIA
plres on June 21, 1993
(This area for official notarial seal)
Ben L. Ma dalena
R.C.E. #12545, Exp. 3/31/93
0
��Ipllllllll������llllll`�IIII�
GUARANTEE TO THE
CITY OF SAN LUIS OBISPO
I, the undersigned, hereby place on deposit with the City of San Luis Obispo, the sum
of;:$ 43,000.00 to guarantee:
Any necessary repairs of public improvements for Tract 1439 on
Royal Way in San Luis Obispo in accordance with Subdivision Map
Act Section 66499.9(C) and City Municipal Code Section 16.44.120(E).
This deposit to be released after one year from date of acceptance
of improvements on the condition that any defects that may have
become apparent during that time have been remedied to the
satisfaction of the City Engineer.
at.- 1901 et al Royal Way LOt(S) 1 through 22
Block - -- Tract 1439
Necessary repairs
If I fail to make within thirty (30) days from= date, of
notification of any defects the proceeds of
I hereby authorize the city to use any or all of�this deposit as necessary to complete
these improvements and refund the balance of the deposit, if any. If the city has to
proceed with these improvements and the lowest responsible bid exceeds this
deposit, then I agree to deposit the required additional amount within two days after
returned
receiving written notice thereof. I understand the entire deposit shall be rUMM if I
make improvem is withi th t 30 days from NIMate. of notification
of defects.
Signed o Date
�y90
Please Print: Oliver Noyes
Name of person to whom cash will be refunded: /i've r o v es
Mailing Address: l90/ ` oYei/ 0,7&4 5 An 1w;5 Obis d 93'1.0
Refund requested by- Date:
. White: File Yellow Finance Pink-.Dept. Goldenrod: Applicant 72.84
,v
COMMERCE BANK
OF SAN LUIS OBISPO N.A
Letter of Credit #90 -02
IRREVOCABLE COMMITMENT OF FUNDS
FOR COMPLETION OF POSSIBLE REPAIRS
ON ROYAL WAY IN SAN LUIS OBISPO
City of San Luis Obispo
San Luis Obispo, CA 93401
The undersigned, Commerce Bank of San Luis Obispo, N.A.,
being a financial institution which is subject to regulation
by the State of California or by the federal government,
hereby pledges that monies to the extent of $43,000.00 (Forty
Three Thousand Dollars and No /100) are credit to the loan
commitment account of 0. ROBERT NOYES AND SANDRA W. NOYES as
required by the Subdivision Map Act of the State of Cali-
fornia for the purpose of any necessary repairs of public
improvements for Tract 1439 on Royal Way in San Luis Obispo
in accordance with Subdivision Map Act Section 66499.9 (c)
And City Municipal Cole Section 16.44.120 (e). This deposit
is to be released after one year from date of acceptance of
improvements on the condition that any defects that may
have become apparent during that time have been remedied to
the satisfaction of the City Engineer.
The undersigned agrees that said funds are trust funds
on deposit and guaranteed for payment and that upon receipt
of written demand, signed by the clerk of the City of San
Luis Obispo, the undersigned shall immediately pay said funds
or such amount thereof as shall be set forth in said demand,
to the City of San Luis Obispo for the purposes set forth
above.
By execution and delivery of this Irrevocable Commitment
of Funds to the City of San Luis Obispo, the undersigned
financial institution is relieved of any and all liability to
said 0. ROBERT NOYES AND SANDRA W. NOYES, except as herein
specifically set forth.
545 Higuera Street
Post Office Box 1069
San Luis Obispo, CA 93406
(805) 541 -4166
Letter of Credit #90 -02
0. Robert Noyes and Sandra W. Noyes
Page two
Dated at San Luis Obispo, California this 2nd day of
February 1990.
Commerce Bank of San Luis Obispo,
N.A.
BY
Address to which notices to Bank
should be sent:
Commerce Bank of San Luis Obispo,
N.A.
P.O. Box 1069
San Luis Obispo, CA 93406
The undersigned hereby agrees to all the terms and con-
ditions of the foregoing Irrevocable Commitment of Funds and
release the financial institution executing said Irrevocable
Commitment of Funds from all liability except as therein
specifically set forth.
Dated at San Luis Obispo,
February, 1
. Robe Noyes
917nd"ra w. Noyes
California this 2nd day of
RESOLUTION NO.6758 (1990 Series)
A RESOLUTION OF THE SAN LUIS OBISPO
CITY COUNCIL AUTHORIZING THE CITY TO
TO EXECUTE DOCUMENTS NECESSARY TO FACILITATE
FUNDING FROM CALIFORNIA COMMUNITY REINVESTMENT
CORPORATION TO EDNA =ISLAY HOUSING ASSOCIATES FOR
FOR LOW- MODERATE INCOME HOUSING
WHEREAS, the City of San Luis Obispo, the Housing Authority
of the City of San Luis Obispo, and Edna =Islay Housing Corporation
have worked together to develop a 20 unit low and moderate income
housing development. at 4035 Poinsettia Street pursuant to a
Community Development Agreement dated May 18, 1988, as approved by
Council Resolution No. 6328 (1987 Series); and
WHEREAS, that 20 unit low and moderate income housing
development has been substantially completed; and
WHEREAS, Edna -Islay Housing Associates, a limited partnership,
was formed with Edna -Islay Housing_ Corporation as managing general
partner, to take advantage of tax credits pursuant to the Internal
Revenue Service Act of 1986 and corresponding State Legislation;
and the City Council consents to the assignment of the Community
Development Agreement from Edna = Islay Housing Corporation to Edna -
Islay Housing Associates; and
WHEREAS, permanent financing is now being secured by Edna-
Islay Housing Associates from California Community Reinvestment
Corporation for the project; and
WHEREAS, California Community Reinvestment Corporation
requires. the execution of certain documents, consents, and
assurances from the City of San Luis Obispo in order to provide
permanent financing;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo as follows; ,
SECTION 1. The Council of the City of San Luis Obispo
consents to, and authorizes and directs the Chief Administrative
Officer, Community Development Director, or any other City staff
designated by the Chief Administrative Officer, to execute any and
411 appropriate legal documents necessary to consummate the
permanent financing between Edna -Islay Housing Associates and
California Community Reinvestment Corporation, including but not
limited to the following:
a. Assignment of Interest in Regulatory Agreement (Exhibit
A. attached hereto).
6758
Resolution No. 6758
Page Two
(1990 Series)
b. Estoppel Certificate Regarding Housing and Community
Development Agreement (Exhibit B. attached hereto).
C. Subordination Agreement Regarding Regulatory Agreement
(Exhibit C. attached hereto).
SECTION 2. The Council of the City of San Luis Obispo also
hereby authorizes the City Attorney to compile and execute an
appropriate opinion letter supporting the above action.
On motion of Councilwoman Pinard seconded by
Councilwoman Rapper and on the following roll call vote
Ayes: Councilmembe..rs- Pinard, Rappa, Reiss, Roalman and Dunin
Noes: None
Absent: None
the foregoing Resolution was passed and adopted this 20th day of
February , 1990.
P`Mayor Ron Dunin
AP OVED:
City A inistrative Officer
Community Dev 1ppment Director
Recording Requested By
and When Recorded Mailed
To:
Edna Islay Housing Corporation,
a California Nonprofit Public
Benefit Corporation
P. 0. Box 13657
San Luis Obispo, CA 9.3406
J
ASSIGNMENT OF INTEREST IN REGULATORY AGREEMENT
This Assignment is made and entered into this 11th day
of January, 1990, by Edna Islay Housing Corporation, a
California Nonprofit Public Benefit Corporation ( "Assignor ")
to Edna Islay Housing Associates, a California Limited
Partnership ( "Assignee ").
Whereas, Assignor entered into a Housing and Community
Development Agreement ( "Regulatory Agreement ") dated May is,
1988, which was recorded in the official records of San Luis
Obispo County on June 29, 1988 as Document No. 35349,
affecting the property described on the attached Exhibit A;
Whereas, Assignee is in the process of securing a loan
of $450,000.00 from the California Community Reinvestment
Corporation which loan shall be secured by a Deed of Trust
encumbering that certain property described in Exhibit A
attached hereto;
Whereas, the California Community Reinvestment
Corporation is r= �:�ria a^ a ccrditi f
-� g :. on ;, its loan. that
Assignor assign all of its right, title, and interest in the
"Regulatory Agreement" to Assignee;
Whereas, it is to the mutual benefit of the parties
hereto that this Assignment be effectuated;
Now, therefore, for valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, Assignor
hereby assigns to Assignee all of its right, title, and
interest in the "Regulatory Agreement'!.
`V(� ITI
„tea
Assignor:
Edna Islay Housing Corporation,
a California Nonprofit Public
Benefit Corporation
By: // 24�L�
E E R. NELSON
P sident
U
.Assignee, hereby accepts the above Assignment-of the
"Regulatory Agreement” subject to all the terms, conditions
thereof.
Edna Islay Housing Associates,
A California Limited Partnership
By:Edna Islay Housing Corporation
a California Nonprofit Public
Benefit Corporation
General Partner
e ** d %n t NELSON
/
P esien (,
The City of San Luis Obispo hereby consents to the
above Assignment
City of San Luis Obispo,
a Charter Municipal Corporation
• ^1 i i
EXHIBIT A
Property Description
All that real property in the City of San Luis Obispo,
County of San Luis Obispo, State of California, described as
follows:
Lot 110 as shown on the certain map entitled "Units 3 and 4,
Tract 929 ", in the County of San Luis Obispo, State of
California, according to map September 18, 1984 in
Book 11, Page 97 of Maps.
6 i
WITHOUT COLLECTION Feb. ,2f 19 90 ESCROW NO. SLO —870965 —YH
To: First American Title Insurance Co.
I herewith hand you a SUBORDINATION AGREEMENT
executed by: the CITY OF SAN LUIS OBISPO, a charter municipal corporation
to: California Community Reinvestment Corporation, a California nonprofit public
benefit rnrnnrwtinn
describing: subordination of existing Agreement recorded 6/29/88 in 9k. 3163,
page 719 in the office of the county recorder of San Luis Obispo, CA to
a new 1st deed of trust securing one note in the amount of $450,000.00 in
favor of California Community Reinvestment Corporation on property
legally described as: Lot 110 of Unit 4 as shown on the certain map entitled
"Units 3 and 4, Tract 929 ", in the County of San Luis Obispo,State of
California, according to map recorded September 18, 1984 in Book 11,
Page 97 of Maps:
which you are authorized.to use in this escrow without collection for my account,
as I have received full consideration therefor outside of escrow.
CITY OF SAN LUIS OBISPO, a charter municipal corporation
Signatur o Signature BY-
City A inistrative_Officer Community De lopment Officer
Address Address
1
WITHOUT COLLECTION Feb. 19 90 ESCROW; NO. SLO -870965 -YH
To: First American Title Insurance Co.
I herewith hand you a SUBORDINATIOhL AGREEMENT
executed by: the CITY OF SAN LUIS OBISPO, a charter municipal corporation
to: California Community Reinvestment Corporation, a California nonprofit public
benefit corporation
describing: subordination of existing Agreement recorded %
6/29/88 in 31639
page 719 in the office of the county recorder of San Luis Obispo, CA to
a new 1st deed of trust securing one note in the amount of $450,000.00 in
favor of California Community Reinvestment Corporation on property
legally described as: Lot 110 of Unit 4 as shown on the certain map entitled
°Units 3 and 4, Tract 929 ", in the County of San Luis Obispo,State of
California, according to map recorded September 18, 1984 in Book ll,
Page 97 of Maps:
which you are authorized.to use in this escrow without collection for my account,
as I have received full consideration therefor outside of escrow. -..
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO. ss.
On this 21stday of February in the ear 199
y Q before me Marilyn Perry
personally appeared John Dunn_ &
i minis rative Officer and rno V known to me i
to be o unity_ Development Director of Jonas
- TTr�ia + the -C'i t�/ of B. Qan T ii; c and known t0 I
me to be the person who executed the within instOb�nt on behalf of said
public '
I
corporation, agency or political subdivision, and acknowledged to me that the City i
I
of San Luis executed the same. '
I
I
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OFFICIAL SEAL j
MA91LYN PERRY '
v (SEAL) Notary ?ublic -! coin rnia
� Prirdp.:i C'iice in 1
Notary Pu _ is , San Luis Obispo counp' j
bfy Comm. Eapiw3 on Aug. 19, 1991 I
-�� ���" -------------------------- --- --- - -- -- -----------
Borrower: Edna -Islay Housing Associates
Loan No.: 89.00001
ESTOPPEL CERTIFICATE REGARDING
HOUSING AND COMMUNITY DEVELOPMENT
AGREEMENT
The undersigned ( "City") hereby certifies and
represents in favor of California Community.Reinvestment.
Corporation, a California nonprofit public.benefitcorporation
( "Lender ") as follows:.
1. City has entered into a Housing and Community
Development Agreement dated May 18, 1988, which was recorded on
June 29, 1988 in San Luis Obispo County Official Records as
Document No. 35349 ( "Regulatory Agreement ") with Edna -Islay
Housing Corporation, a. California nonprofit public b6nefit
corporation ("EIHC''), with respect to the development of a 20
unit low- income housing project.known as Poinsettia Street
Apartments, situated on land in the City and County of San Luis
Obispo, California, more particularly described in Exhibit A,
attached hereto. EIHC has assigned its rights and obligations
under the Regulatory Agreement to Edna -Islay Housing Associates,
a California limited partnership ( "EIHA");
2. The Regulatory Agreement is in full force and
effect and has not been modified or amended in any respect;
3. City hereby consents to (a) EIHC's assignment of
its interest in the Regulatory Agreement to EIHA, and (b) EIHA's
assignment of its interest in the Regulatory Agreement to Lender
as security for a loan to be made by Lender to EIHA.
4. As of this date, to City's knowledge, none of
City, EIHC, or EIHA is in default under the Regulatory Agreement.
5. As of this date, City has not given any notice of
any default by EIHC or EIHA under the Regulatory Agreement.
6. City agrees that prior to amending, modifying or
cancelling the Regulatory Agreement, City shall give Lender
written notice of its intent to do so, at least thirty (30) days
prior to the date such event of amendment, modification or
termination is to take effect. City 'further agrees that Lender
shall be entitled to receive a copy of any notice of default of
EIHA given by City under. the Regulatory Agreement
contemporaneously with EIHA's receipt of the same, and that
Lender shall have the right to cure any defaults of Owner for
G: \PB \RAC \00000016.RAC
01/31/90 -2 1• s- . 6Gj 3-c
period of thirty (30) days in addition to the periods afforded
EIHA under the Regulatory.Agreement for the cure of same.
7. In entering the Regulatory Agreement, City fully
complied with all federal, state and local laws applicable
thereto, including without limitation, Article XXXIV of the
Constitution of the State of California, and California Health &
Safety Code Section 37000, et sea., as amended.
8. City acknowledges that Lender's address for
purposes of receiving notices to which it is entitled under the
Regulatory Agreement or this certificate is as follows:
California Community Reinvestment Corporation
P.O. Box 106039
Burbank, California 91510 -0639
2800 N. Hollywood Way
Burbank, California 91505
Attn: Daniel B. Lopez
9. City acknowledges that Lender is extending credit
to EIHA in reliance on matters set forth in this Certificate.
Date: ,2,/9/h,0 "city"
City of San Luis Obispo, a
charter muDle �al-t�grporation
By:
By:
Administrative
Community DeW-lopment
Officer
[All Signatures Must Be Notarized]
------------------ -- - - - - — -
- - - - -= - --- - - - - — - - - - -
---
STATE OF CALIFORNIA
I
COUNTY OF SAN LUIS OBISPO. ss.
I
I
On this 21stday of February in the year 1994 before me Marilyn Perry
personally appeared John Dunn &
i4 A minis r�tive Off ` cer and Arnold known to met
to be o unity peve opment Director of the �.; ty f • S�onas
T�`'F� 10� s o , and known t o
me
to person who executed the within instrument on behalf of said public
t
corporation, agency or political subdivision, and acknowledged to me that the C_i__ty
of San Luis executed the same.
I
I t
t t I r
OFFICIAL SEAL
MA9iL YN PER
R
Y
Notary Public - California
(SEAL) Principal Office in
Not r ubl San Luis Obispo County (amy Comm. Expires
I
on Aug. 79, 1991 I
I I
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 110 OF UNIT 4 AS SHOWN ON THE CERTAIN MAP ENTITLED "UNITS 3 AND 4, TRACT 929'
IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED
SEPTEMBER 18, 1984 IN BOOK 11, PAGE 97 OF MAPS.
RECORDING REQUESTED BY:
California Community
Reinvestment Corporation
WHEN RECORDED RETURN TO:
Robert A. Crooks
Brobeck, Phleger & Harrison
One Market Plaza
Spear Street Tower
San Francisco, CA 94105
SUBORDINATION AGREEMENT
(Housing and Community Development Agreement
to Deed of Trust)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR AGREEMENT
AFFECTING THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY
THAN THE LIEN OF A SECURITY INSTRUMENT.
THIS AGREEMENT is made this day of3atmun7�-
1990
by EDNA ISLAY Housing Associates, a California limited
partnership ( "EIHA "), successor by assignment to Edna Islay
Housing Corporation, a California nonprofit public benefit
corporation ("EIHC") (collectively, "Borrower "), and.the City of
San Luis Obispo, a charter municipal corporation ( "City "), in
favor of California Community Reinvestment Corporation, a
California nonprofit public benefit corporation ( "Lender ")..
R E C I T A L S
1. EIHC and City entered into a Housing and Community
Development Agreement dated May 18, 1988, which was recorded in
the Official Records of San Luis Obispo County on June 29, 1988
as Document No. 35349 ( "Regulatory Agreement "), affecting the
property described on the attached Exhibit A (which property,
together with all improvements now or in the future located on
the property, is referred to as the "Property "). EIHA has
executed, or is about to execute, a Promissory Note secured by
Deed of Trust in the sum of Four Hundred Fifty Thousand and
no /100 Dollars ($450,000.00) dated of even date herewith in favor
of Lender ( "Note ") evidencing a loan ( "Loan ") to EIHA., The Note
is to be secured by a Deed of Trust executed by EIHC and EIHA
dated of even date herewith encumbering the Property which will
be recorded in the Official Records of the County Recorder of San
Luis Obispo County, California ( "Deed of Trust ").
G: \P8\RAG \00000013_AAC
01/31/90 -4 1 .
qxq. C
A. As a condition to making the Loan secured by the Deed
of Trust, Lender requires that the Deed of Trust be
unconditionally and at all times remain a lien or charge upon the
Property, prior and superior to all rights of City under the
Regulatory Agreement and that City specifically and
unconditionally subordinate the Regulatory Agreement to the lien
or charge of the Deed of Trust.
B. City and Borrower intend that the Deed of Trust shall
unconditionally be and remain at all times a lien or charge upon.
the Property prior and superior to City's rights under the
Regulatory Agreement and to any estate created thereby. City has
agreed to specifically and unconditionally subordinate and
subject the Regulatory Agreement, and any estate created thereby
together with all rights and privileges or City thereunder, to
the lien and charge of the Deed of Trust in favor of Lender.
C. It is to the mutual benefit of the parties hereto that
Lender make the Loan to EIHA; and City is willing that the Deed
of Trust securing the Loan shall, when recorded, constitute a
lien or charge upon the Property which is unconditionally prior
and superior to the Regulatory Agreement and to any estate
created thereby.
NOW, THEREFORE, in consideration of the mutual benefits
accruing to the parties hereto and other valuable consideration,
the receipt and sufficiency of which consideration is hereby
acknowledged, it is hereby declared, understood and agreed as
follows:
1. The Deed of Trust securing the Note in favor of
Lender, and any modifications, renewals or extensions thereof,
and any advances (including interest thereon) thereunder or
secured thereby, shall unconditionally be and remain at all times
a lien or charge on the Property, prior and superior to the
Regulatory Agreement, to the estate created thereby, to all
loans, grants and advances of money made pursuant thereto, and to
all rights and privileges of City thereunder, and said Regulatory
Agreement and the estate created thereby, and all loans, grants
and advances of money made pursuant thereto, together with all
rights and privileges of City thereunder, is hereby subjected,
and made subordinate, to the lien or charge of the Deed of Trust
in favor of Lender.
2. This Agreement shall be the whole and only
agreement between the parties hereto with regard to the
subordination of the Regulatory Agreement, and the estate created
thereby, and all loans, grants and advances of money made
pursuant thereto, together with all rights and privileges of City
thereunder, to the lien or charge of the Deed of Trust, and shall
G: \PB \RAC \00000013.RAC.
01/31/90 -4 2
supersede and cancel any prior agreements to subordinate the
Regulatory Agreement to the Deed of Trust.
3. City declares, agrees, and acknowledges that:
a. It consents to and approves (i) all
provisions of the Note and Deed of Trust in favor of Lender,
(ii) all agreements, including but not limited to any loan
agreement or other loan or escrow agreements between Borrower and
Lender for the disbursement of the proceeds of Lender's .Loan, and
City acknowledges receipt of a copy thereof, and all
modifications, alterations and amendments of the Note and Deed of
Trust in favor of Lender and all loan and other agreements
between Borrower an Lender above referred to; and
b. Lender in making disbursements pursuant to
any such agreement is under no obligation or duty to; nor has
Lender represented that it will, see to the application of such
proceeds by the person or persons to whom Lender disburses such
proceeds, and any application or use of such proceeds for
Purposes other than those provided for in such agreement or
agreements shall not defeat the subordination herein made in
whole or in part; and
C. It intentionally and unconditionally waives,
relinquishes, subjects and subordinates the Regulatory Agreement,
and the estate created thereby, and all loans, grants, and
advances of money pursuant thereto, together with all rights and
privileges of City thereunder, in favor of the lien or charge
upon the Property of the Deed of Trust and understands that in
reliance upon, and in consideration of, this waiver,
relinquishment, subjection, and subordination specific loans and
advances are being and will be made and, as part and parcel
thereof, specific monetary and other obligations are being and
will be entered into which would not be made or entered into but
for said reliance upon this waiver, relinquishment, subjection
and subordination.
d. city agrees that the provisions of Section
III.J. of the Regulatory Agreement do not and shall not apply to
(i) the Lender, (ii) any of Lender's successors or assigns, or
(iii) any persons acquiring title to the Property through Lender
of its successors or assigns by foreclosure sale or otherwise.
G:\P8\RAC \00000013.RAC
01/31/90-4 3 .
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR AGREEMENT
AFFECTING THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY
THAN THE LIEN OF A SECURITY INSTRUMENT.
CITY OF SAN LUIS OBISPO, a
charter m pa rporation
Jl _ _ d
Ci Administrative
0 r. c\
By: ~'- -
community
Officer
EDNA ISLAY HOUSING ASSOCIATES,
a California limited
partnership
y
By: Edna Islay Housing
Corporation, a California
nonprofit public benefit
corporation
By: -
Names STEPHEN R. ELSON
Title: President —
[All Signatures Must. Be Notarized]
G: \P8\RAC \00000013.RAC 4
01/31/90 -4
o, -
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR AGREEMENT
AFFECTING THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY
THAN THE LIEN OF A SECURITY INSTRUMENT.
CITY OF SAN LUIS OBISPO, a
charter m ,a rporation
., CIL
a �..
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO. ss.
On this 21stday of February , in the year 199Q before me Marilyn Perry
personally appeared John Dunn & known to me
it finis ra five Of and rno Jonas
to be �o0 unity pevelopment Director of �Q C *t -�. nf�gan'r,,; and known to
me to be thhe person who executed the within instrum nt on behalf of said public
corporation, agency or political subdivision, and acknowledged to me that the City
of San Luis executed the same.
OFFICIAL SEAL
"' I �a °•. PAAR Y�i PERRY
$F.A,> r.;.. ,ug2l;�r,„=.�}I &Vary Publlr _ Caf!ornia. i
{' Principal ONi a in
Notary Public SanLusr-rolspoCounty
I ry Comm. Expires on Aug. 19, 1997
STATE OF CAUFppRNIA ;ss.
CGUNTYOF___ -Jdfl LU1s Obi spo_._____
On _F64. _14,.1990
before me, the undersigned, a Notary Public in and for
said State, personally appeared__ STEPHEN—R. NELSON
BARBARA BIOSSAT
--- - - - - -- - - - - -- — _______, personally known tome (or proved to me on the basis
of satisfactory evidence) to be the persons who executed the within instrument as.__. -----
.._— ______ -__
__ XXX _President and XXX .Secretary, on behalf
EDNA_ISLAY_HQUSI -NG C-ORPORAIION___,
the corporation therein named, and acknowledged tome that said
corporation executed the within instrument pursuant to its by-
laws or a resolution of its board of directors, said corporation being .
known to me to be one of the partners of ~� YM HERRERA
Q
EDNA-ISLAY_.HOUSING ASSOCIATES NOTARY PUBLIC
the partnership that executed the within instrument, and ack- SAN LUIS OBISFOCOUNTY
nowledged to me at such corporation executed the same as CALIFORNIA
such partner d t such pa ership executed. the same. My Commission Expires on Feb. 28, 1901
WITNESS my an Yea seal.
Signature _ (This area for official notarial seal)
Y M my notary expires on: 02/26/91
01/31/90 -6 1 .
I
I
li
l
I
I
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 110 OF UNIT 4 AS SHOWN ON THE CERTAIN MAP ENTITLED "UNITS 3 AND 4, TRACT 929',
IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED
SEPTEMBER 18, 1984 IN BOOK 11, PAGE 97 OF MAPS.
p- ,
RESOLUTION NO. 6757 (1990 SERIES)
.A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBI_ SP_ O
AMENDING THE LAND USE MAP OF THE GENERAL PLAN
FROM OFFICE TO PUBLIC FACILITY FORA CITY -OWNED PARCEL
LOCATED AT 1010 NIPOMO STREET (GP /R 1461)
WHEREAS, the Planning Commission conducted a public hearing on
General Plan Amendment GP /R 1461, on January 10, 1990, and recommended the
council approve the application; and
1990; and
WHEREAS, the council conducted a public' hearing on February 6,
WHEREAS, the council has considered the testimony of interested
parties, and the records of Planning Commission hearing and its recommendation, and
the evaluation and recommendation of staff; and
WHEREAS; the proposed amendment to the General Plan will not be
detrimental to the health, safety or welfare of persons living or working in the
vicinity; and
WHEREAS, the proposed amendment to the Land Use Map is
consistent with the policies of the various General Plan elements; and
WHEREAS, the proposed land use designation is appropriate at that-
,
and will be compatible with surrounding land uses.
NOW, THEREFORE, the council resolves to approve General Plan
Amendment GP /R 1461, changing the. General. Plan Land Use Map designation from
Office to Public Facility for a city -owned parcel located at 1010 Niponio Street, as
shown on attached Exhibit "A" and incorporated herein by reference.
6757
Resolution No. 6757 (1990 Series)
GP/R 1461
Page 8
On motion of Councilwoman Rappa seconded by _
Councilwoman Pinard , and on the following roll call vote:
AYES: councilmembers Rappa, P.inard, Reiss, Roalman and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 6th day of February
1990.
ATTEST:
Q®r_
City C*rk Pam ges
APPROVED:
City A strati a Officer
r on unin
G
RESOLUTION NO.
EXHIBIT A
.$L.
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O
D
9
fNL
W= H
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(1990'SERIES)
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Ofpx ¢ R 1461
tih
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RESOLUTION NO. 6756 (1990 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION DENYING A REQUEST FOR. A HEIGHT EXCEPTION TO ALLOW
A 6 -FOOT HIGH FENCE WHERE A 4.5 FOOT HIGH FENCE IS ALLOWED
AT 283 CHORRO STREET
WHEREAS, the Administrative Hearing Officer conducted a public
hearing on Use Permit Application A 149 -89 November 17, 1989 and denied the
Application; and
WHEREAS, the decision of the Hearing Officer was appealed to the
Planning Commission which conducted a public hearing on December 13, 1989, and
denied the appeal; and
action;
WHEREAS, applicant has filed an appeal of the Planning Commission's
WHEREAS, the council has considered the testimony and statements of
the applicant and other interested parties, and the records of the Administrative and
Planning Commission hearings and actions, and the evaluations and recommendation
of staff,
NOW, THEREFORE; the council resolves to deny the appeal and
affirm the action of the Planning Commission, thereby .denying Application No. A149-
89 based on the following findings:
1. The proposed fence height exception will adversely affect the health, safety, and
welfare of persons living or worldng at the site or in the vicinity.
2. The proposed fence height exception is not appropriate at the proposed
location and will not be: compatible with surrounding development.
Councilwoman Rappa Councilman
On motion of ,seconded by .
Roalman and on the following roll call vote:
6756
Resolution No. 6756
Use Permit A 149 -89
Page 2
(1990 Series)
AYES: Councihmbers Rappa, Roalman, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 6th day of February
1990.
ATTEST:
i
City Oerk Pam V es
APPROVED:
City Administrative Offi r
Community
,ctor
V or Ron Dunin
- �. * n
��
V
.\
,�
'.vi
4
� .�
r
_ a\
� � n`.
1
RESOLUTION NO. 6755 (1990 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE LAND USE ELEMENT MAP FROM LOW - DENSITY RESIDENTIAL
TO PUBLIC - FACILITY FOR PROPERTY AT 1575 BISHOP STREET, SOUTH
OF GENERAL HOSPITAL (GP /R 1422)
WHEREAS, the Planning Commission and City Council have held
hearings to consider amendment to the general plan Land Use Element map in
compliance with the Government Code; and
WHEREAS, the amendment has been evaluated in accordance with the
California Environmental Quality Act and the city's Environmental Impact Procedures
and Guidelines and the request to change the Land Use Element map to Public
Facility for property at 1575 Bishop Street poses no adverse impacts on the
environment and has been granted a negative declaration by the Community
Development Director; and
WHEREAS, the amendment is appropriate at the proposed location and
will be compatible with surrounding land uses; and
WHEREAS, the proposed amendment is consistent with the city's
general plan; .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo as follows:
SECTION 1. The determinations of the Community Development
Director concerning environmental documents are hereby affirmed.
SECTION 2. The Land Use Element map is hereby amended as shown
on the attached exhibit.
SECTION 3. The Community Development Director shall cause
6755
Resolution No. 6755 .(1990 Series)
GP /R 1422
Page 2
changes to be made in publications and maps which are available to the public and
displays in City Hall.
SECTION 4. This action shall take effect thirty (30) days from the date
of adoption of this resolution.
Councilman Councilwoman
On motion of - Reiss seconded by Pinard
and on the following roll call vote:
AYES: Councilmembers Reiss, Pinard .and, MaYQr Dunim
NOES: Councilmembers Rappa and Roalman
ABSENT: None
the foregoing resolution as passed and adopted this 6th
1990.
ATTEST:
City erk Pam ges
APPROVED:
City 'AdAqnisfrative OTficer
day of February
.tor
CHANGES TO THE GENERAL PLAN MAP
go ocif (046
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RESOLUTION NO. 6754 (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING
AN APPEAL OF THE HEARING OFFICER'S ACTION DENYING A MINOR
SUBDIVISION AT 1778 ALRITA STREET (MS 89 -39).
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 -39, the Hearing Officer's action, staff
recommendations and reports thereon, hereby upholds Earl Murie's appeal of the
Hearing Officer's denial of the minor subdivision, and approves Tentative Parcel Map MS
89 -39 subject to the findings and conditions listed below:
Findines:
The design of the minor subdivision and proposed improvements are consistent with
the General Plan.
2. The site is physically suited for the type and density of development allowed in the
R -1 and C /OS -40 zones.
3. The design of the minor subdivision and the proposed improvements are not likely
to cause serious health problems,. substantial environmental damage or substantially
and unavoidably injure fish or wildlife or their habitat.
4. The design of the minor subdivision or the type of improvement will.not conflict
with easement for access through or use of property within the proposed subdivision.
5. The proposed deep lot subdivision and common driveway are appropriate and meet
the intent of Subdivision Regulations, and installation of a standard street would
not be feasible due to topographical conditions and existing subdivision design.
6. The Community Development Director has determined that the proposed tentative
map will not have a significant effect on the environment and has granted a.
mitigated negative declaration of environmental impact based on the following'
mitigation measures being incorporated into the project:.
a. The subdivider shall follow the soils and geological engineer's recommendation
in layout, design and construction on the new lot.
b. At 12 months after occupancy of the new house, the subdivider shall submit
6754
0 0
Resolution No. 675(1990 Series)
Page 2
a monitoring report, prepared by a qualified professional, .which documents
the project's compliance with engineering recommendations and evaluates the
effectiveness of the recommendations in: minimizing grading and topographic
disturbance, reducing erosion, and preventing drainage impacts to adjacent
properties.
C. The proposed house site, Parcel 2, shall be considered - a sensitive site and
shall require architectural review prior to', building permit issuance. At such
review, special attention shall be given to privacy screening, landscaping and
erosion control, and building colors.
d. The Community Development Director may, at any time, modify, add or
delete mitigation measures as needed if the above mitigation measures are
determined to be ineffective or physically infeasible. Such changes, shall be
limited to measures which would meet the intent of the original mitigation.
Conditions:
1. The subdivider shall submit a final map to the City for review, approval and
recordation.
2. Final map shall note that parcel 2 is a sensitive site and any development proposed
shall require architectural review and approval.
3. The subdivider shall submit a common driveway agreement to the city for approval
and recordation. Final map shall show an easement for the common driveway.
4. The subdivider shall provide drainage facilities 1 to carry storm water to a suitable
disposal point, to the approval of the City Engineer.
5. The subdivider shall submit a landscape plan showing erosion control using drought
tolerant plant materials.
6. The subdivider shall dedicate to the city an open space easement over the C /OS -40
zoned portion of the site, to the approval of the Community Development. Director..
7: The subdivider shall install a dry standpipe and driveway turnaround for fire
protection, to the approval of the city Fire Marshal.
8. The existing water resource deficiency shall be mitigated by either:
A. Prior to final map approval, the city shall have approved construction plans
and specifications and funding for water supply improvements in the Alrita
Street neighborhood,. and prior to building permit issuance; said utility
improvements shall be completed and functioning, to the approval of the
Utilities Engineer; or
B. Providing an on -site fire protection system, to the approval of the Utilities
Engineer and the Fire Marshall. All water facilities, including water storage
tank, water pump and supply lines shall be undergrounded or otherwise
screened from view with suitable landscaping, to the approval of the
Architectural Review Commission.
I n
Resolution No. 6754(1990 Series)
Page 3
9. No building permit shall be issued for development on this site until condition 8 is
met, to the approval of the Community Development Director.
10. The subdivider shall submit a waiver of right to protest participation in an
assessment district or other equitable fee program, to improve the Alrita Water Supply
System, to the approval of the Utilities Engineer.
11. Subdivider shall install an NFPA_ 13 -D fire sprinkler system to serve new
construction, to the approval of the Fire Marshall.
12: Subdivider shall install a private fire hydrant within 300 feet of the proposed house
site, to the approval of the Fire Marshall and the Utilities Engineer.
11 Subdivider shall allow the Fire Department to use the private fire hydrant and
onsite water storage facilities to fight a fire 'in either of the two homes in this
subdivision, in neighboring houses, or for protection against wildland fires, by
written agreement with the City.
14. Easements shall be provided to accommodate drainage and utilities, to the satisfaction
of the City Engineer.
15. Subdivider shall pay water acreage charges for parcel 2 prior to recordation of final
parcel map. Fees shall be. as determined by the City Engineer.
16. The subdivider shall grant a perpetual easement to the City to allow installation and
maintenance of a water supply main from the subdivider's on -site water storage
facilities to a public fire hydrant to be installed by the City on La Cita Court, near
the subject property. The easement shall be recorded, to the approval of the Utilities
Director.
On motion of Mayor _Dunin
,seconded by
Co ,n i iman R l , and on the following
roll call vote:
AYES: Mayor Dunin, Councilmembers Reiss and Pinard•
NOES: Councilmembers Rappa and Roalman
ABSENT: None
the foregoing resolution was passed and adopted this 6th day of
February 1990.
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ATTES -
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CITY FLERK`PAM V G S
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Resolution N0.67-54 1990 ,1,:Series)
Page A
APPROVED:
C ty WOmiftistirativeAfficer
Fire Chief
RESOLUTION NO. -6753 (1990 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL
ENDORSING APPLICATION FOR AN URBAN STREAM RESTORATION
GRANT AND DETERMINING_APPROPRIATE ENVIRONMENTAL IMPACT
DOCUMENT, CONDITIONALLY ACCEPTING GRANT IF OFFERED,
AND DESIGNATING CONTRACT MANAGER AND FISCAL AGENT
WHEREAS, the California Department of Water Resources, Division
of Local Assistance, Urban Stream Restoration Program has
announced the availability of funds for grants; and
WHEREAS, said grants are intended to help solve flooding and
erosion problems in a way that provides environmental
enhancement; and
WHEREAS, the San Luis Obispo Land Conservancy has.proposed to
CO- sponsor a grant application with the City of San Luis Obispo;.
and
WHEREAS, we have concluded the project proposed -for funding
with the grant funds would be environmentally - beneficial and
categorically- exempt from requirements for environmental document
preparation under one or all of the following exemptions:
Class 1,2,4,6,7, or 8; and
WHEREAS, we consider the prospects of receiving such a grant to
be reasonably likely.
NOW THEREFORE, BE IT RESOLVED we the Council of the City of San
Luis Obispo approve the joint application with the San Luis
Obispo Land Conservancy for an Urban Stream Restoration Program
grant.
6753
C)
Resolution No. 6753
(1990 Series)
ri
If offered such a grant, we authorize John B. Ashbaugh to
accept the grant, develop a work plan for the project, and sign
any contract for administration of the grant funds and designate
John B. Ashbaugh to submit invoices to the Department of Water
Resources for activities carried out under the work plan for the
grant contract.
On motion of Councilman Roalman
and on the following roll call vote:
, seconded by Councilwoman_Pinard
AYES: Councilmembers Roalman, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 6th day of February; 1990.
-.40000
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ATTEST,:`
CItY :CLERK PAMEqk VOGES
ty Aclbinist,rative Off
Community Devi? opment Director
Public Works Director
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Eft COUNCIL AGENDA REPORT
MEETING DATE:
ITEM NU.Ml3
FROM:
^ - --
David F. Romero — Wayn.,- �r��II« Prepared by: Barbara Lynch
Public Works Director City Engineer Engineering Assistant /Traffic
SUBJECT:
Traffic Work Orders for the Period of October 1, 1989 through December 31, 1989.
CAO RECOMMENDATION:
Pass resolution approving Traffic Work Orders for the period of October 1, 1989 through
December 31, 1989..
BACKGROUND:
The City Engineer has; over the past three months, issued work orders making changes to
improve safety and operation of the street system and parking facilities. One quarter of the work
orders were for requests for changes or additions of signing, about half from staff and half from
the public. One third were requests, mostly from the public, for red curbing. One fifth were
parking related, and the remaining were requests regarding signals, lighting and transit.
It has been Council's policy in the past to accept this report on a quarterly basis. This report
satisfies this past policy.
FISCAL IMPACT:
Minor implementation costs associated with street maintenance.
RECOMMENDATTON:
Pass resolution approving Traffic Work Orders for the period of October 1, 1989 through
December 31, 1989.
Completed Traffic Work Orders
(October 1, 1989 through December 31, 1989)
Available in the Council Office for Review
wpl.forms /wrkord
by
C-3 -/
RESOLUTION NO.67541990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE ATTACHED TRAFFIC WORK ORDERS
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
The Traffic Work Orders for the period of October 1, 1989 through December 31, 1989 are
hereby approved.
Councilman Councilwoman
On motion of Roalman , seconded by Pinard , and on the
following roll call vote:
AYES: Councilmembers Roalman, Pinard, Rappa and Reiss
NOES: Mayor Dunin
ABSENT: None
the foregoing Resolution was passed and adopted this 6th day of February ; 1990.
N D11NIN
ATTE
CITY CLERK PAM OGES
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RESOLUTION NO. 6751 (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE PARCEL MAP NO. MS 89 -31.7
LOCATED AT 2858 JOHNSON AVENUE
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 Parcel Map No. MS 89 -317 and the Hearing Officer's
recommendations, staff recommendations, and reports thereof makes the
following findings:
1. The design of the subdivision is consistent with the general plan.
2. The site is physically suited.for the type and density of development,
allowed in the R -1 zone.
3. The design of the subdivision is 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 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.
SECTION 2. Conditions. That the approval of the tentative map for
Parcel Map No. MS 89 =317 be subject to the following conditions:
1. The subdivider shall submit a common driveway agreement to the Community
Development Department staff for approval and recordation, consistent
with the criteria contained in the city's parking and driveway
standards. The precise location of the common driveway shall be
accurately depicted on the final map. The utility and access easement
accommodating the common driveway shall continue onto Lot 2 to the
approval of the Community Development Department staff.
2. The paved portion of the proposed utility and access easement shall be a
minimum of 20 feet.
3. The driveway leading to the existing garage on Lot 1 shall either be
painted a different color than the common driveway, or signage shall be
installed, to discourage vehicles parking in front of the garage from
encroaching onto the common driveway and blocking it.
6151
Resolution No. 6751 (1990 Series)
Parcel Map MS 89 -317
Page 2
4. The final map shall show necessary drainage and utility easements on Lot
2 to the approval of the City Engineer.
5. The proposed water service for Lot 2 shall be accommodated in the access
and utility easement in the driveway so that it does not cross Lot 1
without a utility easement.
6. Structures constructed on Lot 2 shall be equipped with automatic fire
sprinkler systems.
7. Lot '2 shall be addressed as assigned by the Community Development
Department. Addresses for both Lots 1 and 2 shall be posted near the
street frontage to the approval of the Community Development Department.
S. Final map shall note that Lot 2 is determined to be a sensitive site and
that any new development on the lot.shall require city architectural .
review and approval.prior to the issuance of building permits, with
direction to the Architectural.Review Commission to review sightlines
with respect to overlook potential on the adjoining properties on Flora
Street.
9. Final map shall note that new construction on Lot 2 shall be set back a
minimum of a 20 feet from the north property line to address potential
overlook concerns.
Code Requirement:
1. The subdivider shall pay water acreage fees as determined by the City,
Engineer and park -in -lieu fees as determined by the Community
Development Department prior to final map approval.
SECTION 3. Exceptions. That the requested exceptions to Sections
16.36.230 D. & E. of the Subdivision Regulations be approved along with the
tentative map for Parcel Map MS 89- 317 as follows:
1. That the property to be divided is of such size or shape, or is affected
by such topographic conditions, that is impossible, impractical or
undesirable, in the particular case, to conform to the strict
application of the regulations codified in this title (Title 16,
Subdivisions, of the SLO Municipal Code); and
Resolution No. 6751 (1990 Series)
Parcel Map MS 89 -317
Page 3
2. That the cost to the subdivider of strict or literal compliance
with the regulations is not the sole reason for granting the
modification; and
3. That the modification will not be detrimental to the public
health, safety and welfare, or be injurious to other properties in
the vicinity; and
4. That granting the modification is in- accord with the intent and
purposes of these regulations, and is consistent with the general
plan and with all applicable specific plans or other plans of the
city.
On motion of Councilman Reisss Mayor
_ - - -- , seconded by
Dunin
and on the following roll call vote:
AYES: Councilman Reiss, Mayor Dunin, and Councilwoman Pinard
NOES'_ .Councilmembers Rappa and Roalman
ABSENT: None
the foregoing resolution was passed and adopted this - 16th day of - January.
-, 1990.
ow% %yo -r oR n 6unin
ATTEST:
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.APPROVED:
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RESOLUTION NO. 6150 (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP_O
GRANTING APPROVAL OF TENTATIVE TRACT NO. 1848
LOCATED AT 2995 MCMILLAN AVENUE
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 1848 and the Planning Commission's recommendations, staff recommendations, and
reports thereof makes the following findings:
1. The design of the subdivision and proposed improvements are consistent with the
general plan.
2. The site is physically suited for the type and density of development allowed in the
M 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 the 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 mitigated
negative declaration.
6. The City of San Luis Obispo has identified through its Circulation Element studies
that deficiencies exist on an adjacent, major arterial street (Orcutt Road) which
may, in the future, require an assessment district to finance necessary
improvements.
SECTION 2. Conditions. The approval of the tentative map for Tract 1848 be subject
to the following conditions:
1. Subdivider shall submit a final..map to the city for review, approval and
recordationc
2. Subdivider shall provide individual water services for each unit. Meters be
located near property frontage to the approval of the City Engineer.
3. Subdivider shall provide individual gas and electrical services and metering for
each unit to the approval of affected public utility agencies and the City Engineer.
4. Final map shall note a blanket easement over the common lot area, except under
structures, for underground public utilities serving the site, to the approval of
the City Engineer and affected utility companies.
l
Resolution No. 6750 (1989 Series)
Tract 1848
Page 2
5. Subdivider shall prepare covenants, conditions, and restrictions (CC &R's) to be
approved by the City Attorney and Community Development Director prior to final map
approval. CC &R's shall contain the following provisions:
a. Property owners association created to enforce the CC &R's and provide for
professional, perpetual maintenance of common areas including, but not limited
to driveway, parking lot, landscaping, utilities and building exteriors, and
trash /waste pick -up and'disposal.
b. Grant to the City of San Luis Obispo the right to maintain common areas if
property owners association fails to do .so and to assess said association
said association for expenses incurred.
C. All parking spaces provided in the project shall be available for use by all
of the individual owners.
d. There shall be.no change in city - required provisions of the CC &R's without
prior approval of the Community Development Department and City Attorney.
e. Participation in _a trip reduction program to the approval of the Community
Development Director.
6. Parking shall.be provided at a rate of no less than one -space per 300 square feet.
On motion of Councilwoman Rama , seconded by' Councilman Reiss and on the
following roll call vote:
AYES: Councilmembers Rappa, Reiss, Pinard, Roalman, and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 16th day of January ,
1990..
Mayor Bon Dunin
- ATTEST•
-City C1 rk Pam Vo qs
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Resolution No. 6750 (1989 Series)
Tract 1848
Page 3
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RESOLUTION NO. 6749 (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 1846
LOCATED AT 2930 MCMILLAN AVENUE
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 1846 and the Planning Commission's recommendations,
staff
recommendations,
and reports thereof makes
the following findings:
1.
The design of the
subdivision is consistent
with the general plan.
2. The site is physically suited for the type and density of development
allowed in the M zone.
3. The design of the subdivision is 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 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.
6. The City of.San Luis Obispo has identified through its Circulation
Element studies that deficiencies exist on an adjacent, major arterial
street (Orcutt Road) which may, in the future, require an assessment
district to finance necessary improvements.
SECTION 2. Conditions. The approval of the tentative map for Tract
1846 be subject to the following conditions:
1. Subdivider shall submit a final map to the city for review, approval and
recordation.
2. Subdivider shall provide individual water services for each unit.
Meters shall be clustered, at the back of the sidewalk at property
frontage to the approval of the City Engineer.
3. Subdivider shall provide individual gas and electrical services and
metering for each unit to the approval of affected public utility
agencies and the City Engineer.
4. Final map shall note a.blanket easement over the common lot area, except
under structures, for underground public utilities serving the site, to
the approval of the City Engineer and affected utility companies.
6749
Resolution No.
Tract 1846
Page 2
6749 (1989 Series)
S. Subdivider shall prepare covenants, Conditions, and Restrictions (CC
&R's) to be approved by the City Attorney and Community Development
Director prior to final map approval. CC &R's shall contain the
following provisions:
a. Property owners association created to enforce the CC &R's and
provide for professional, perpetual maintenance of common areas
including, but not limited to driveway, parking lot, landscaping,
utilities and building exteriors, and trash /waste pick, -up and
disposal.
b. Rights shall be granted to the city to maintain common areas if
property owners association fails to do so, and 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.
d. No change in city regulated provisions of the CC &R's shall be
allowed without prior approval of the Community Development
Director and City Attorney.
6. The applicant shall remove the existing storage tank at the rear of the
site to an approved disposal site.
On motion of Councilwoman RaDDa , seconded by Councilwoman
Pinard , and on the following roll call vote:
AYES: Councilmembers Rappa, Pinard, Reiss, Roalman, and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 16th day of January
, 1990.
e —moo
Mayor Ron Dunin
ATTEST:
Qev... Un
City C erk Pam Vo
Resolution No. 6749 (1989 Series)
Tract 1846 .
Page 3
APPROVED:
City A inistrative Officer
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Community Development Director
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RESOLUTION NO. 6748 (1990 SERIES)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO
APPROVING PURCHASE OF
PORTABLE RESTROOM FACILITIES
WHEREAS, the City Capital Improvement Plan for FY 1.988 -89
includes a project to enlarge the restroom facilities in the
Mission Plaza; and
WHEREAS, the City has determined that trailer mounted
portable restroom facilities would provide the additional
restrooms needed for special events in the Mission Plaza and
could also be used for special events at other locations; and
WHEREAS, the City has prepared Specifications Number CY
90001 for the purchase of Trailer Mounted Portable Restroom
Facilities; and
WHEREAS, the estimate without contingencies is $35,000:
NOW THEREFORE BE IT RESOLVED by the Council of the City of
San Luis Obispo as follows:
SECTION 1. Specifications are approved for Trailer Mounted
Portable Restroom Facilities.
SECTION 2. Staff is authorized to advertise for bids.
SECTION 3. The City Administrative Officer is authorized to
award a contract if the low bid is less than the estimate of
$35,000.
SECTION 4. The City Clerk shall furnish a copy of this
resolution to the Director of the Public Works and Finance
Departments.
6748
?Polk
i
Resolution No. 6748(1990 Series)
Page Two
On motion of Councilwoman Rappa , seconded by
Mayor Dunin and of the following roll call vote:
AYES: Councilmember Rappa, Mayor Dunin, Councilmember Reiss
NOES: Councilmembers Pinard and Roalman
ABSENT: None
The foregoing Resolution was passed and adopted this lAth
day of January , 1990.
ATTEST: ( ,
.. V
CITY C RK PAM VO S
APPROVED:
City A4ministrative Officer
Finance Director
Project Manager
g:portrrre.wp
Public Works Director
(*
W,p
AGREEMENT NO. 08- 90 -CCN
THIS AGREEMENT is made and entered into in the City of San Luis
11th day of April , 1990, by and between the CITY OF SAN
municipal corporation, hereinafter referred to as CITY,,and the
Bakersfield hereinafter referred tows SUPPLIER.
WITNESSETH
Obispo on this
LUIS OBISPO, a
14,1I Services -
WHEREAS, on February 22, 1990 , CITY invited proposals for the procurement
of Trailer Mounted Portable Restrooms per Specification No. CY 90001.
WHEREAS, pursuant to said invitation, SUPPLIER submitted a proposal which was
accepted by CITY for said equipment
NOW THEREFORE, in consideration of their mutual promises, obligations and
covenants hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is
made and entered, as first written above, until acceptance of said equipment.
2. INCORPORATION BY REFERENCE. The Notice Inviting Proposals, the General
Proposal Terms and Conditions, the Special Proposal Terms and Conditions,
Proposal Submission Form(s), and the Proposal Specifications, are hereby
incorporated in and made a part of this Agreement.
3. CITY'S OBLIGATIONS. For furnishing equipment as specified in this Agreement,
City will pay and Supplier shall receive therefor compensation in a total sum
not to exceed $ 36,922.87 Payment to the Supplier shall be made within 30
days after receipt of an original invoice from the Supplier and acceptance of
the equipment by City.
4. SUPPLIER'S OBLIGATIONS. For and in consideration of the payments and
agreements hereinafter mentioned to be made and performed by CITY. SUPPLIER
agrees with CITY to furnish the equipment and to do everything required by this
Agreement and the said specifications. Without limiting the generality of the
foregoing, SUPPLIER warrants on behalf of itself and all subcontractors engaged
for the performance of this Agreement that only persons authorized to work in
the United States pursuant to the Immigration Reform and Control Act of 1986 and
other applicable laws shall be employed in the performance of the work hereunder.
5. HOLD HARMLESS AND INDEMNIFICATION. SUPPLIER agrees to defend, indemnify,
and hold harmless CITY, its officials, officers, employees, representatives,
and agents, from and against all claims, lawsuits, liabilities or damages of
whatsoever nature arising out of or in connection with, or relating in any manner
to any act or omission of SUPPLIER, its agents, employees, and subcontractors
of any tier and employees thereof in connection with the performance or non-
performance of this Agreement. The SUPPLIER shall thoroughly investigate any
and all claims and indemnify the CITY and do whatever is necessary to protect
A
A- 08- 90 -CCi:
-G ''0
the CITY, its officials, officers, employees, agents,. and representatives, as
to any such claims, lawsuits, liabilities, expenses, or damages.
6. AMENDMENTS. Any amendment, modification; or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the
Director of Finance. r
7. TERMINATION. If during the term of this Agreement, CITY determines that
SUPPLIER is not faithfully abiding by any term or condition contained herein,
CITY may notify SUPPLIER in writing of such defect or failure to perform; which
notice must give SUPPLIER in writing notice of such defect or failure to perform;
which notice must give SUPPLIER a 10 -day notice of time thereafter in which: to
perform said work or cure the deficiency. If SUPPLIER has not performed the work
or cured the deficiency within the ten days specified in the notice, such shall
constitute a breach of this Agreement and CITY may terminate this Agreement
immediately by written notice to supplier to said effect_ Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights
under this Agreement except, however, any and all obligations of SUPPLIER'S
surety shall remain in full force and effect, and shall not be extinguished,
reduced, or in any manner waived by the termination hereof. In said event.
SUPPLIER shall be entitled to the reasonable value of its services performed from
the beginning of the period in which the breach occurs up to the day it received
CITY'S Notice of Termination, minus any offset from such payment representing
the CITY'S damages from such breach. CITY reserves the right to delay any such
payment until completion or confirmed abandonment of the project, as may be
determined in the CITY'S sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall SUPPLIER be entitled to receive
in excess of the compensation quoted in its proposal.
8. COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by reference, shall constitute the complete
agreement between the parties hereto. No oral agreement, understanding, or
representation not reduced to writing and specifically incorporated herein shall
be of any force or effect, nor shall any such oral agreement, understanding, or
representation be binding upon the parties hereto.
9. ANTI- DISCRIMINATION. In the performance of the terms of this Agreement,
SUPPLIER, agrees that it will not engage in, nor permit such subcontractors as
it may employ, to engage in discrimination in employment of persons because.of
age., race, Color, sex, national origin or ancestry, or religion of such persons.
Violation of this provision may result in the imposition of penalties referred
to in Labor Code Section 1735.
10. AUDIT. CITY shall have the option of inspecting and /or auditing all records
and other written materials used by SUPPLIER in preparing its statements to CITY
as condition precedent to any payment to SUPPLIER.
F-11
11. NOTICE. All written notices to the parties hereto shall be sent by United
States mail, postage prepaid by registered or certified mail addressed as
follows:
CITY:
City of San Luis Obispo
25 Prado Road
San Luis Obispo, CA 93401
SUPPLIER:
1414I SERVICES - BAKERSFIELD
7100 District Blvd.
Bakersfield, CA 93313
12. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and SUPPLIER do covenant that
each individual executing this agreement on behalf of each party is a person
duly authorized and empowered to execute Agreements for such party. IN WITNESS
WHEREOF, the parties hereto have.caused this instrument to be executed the day
and year first above written.
SUP
By:
CITY OF SAN LUIS OBISPO, A Municipal Corporation
Date:
MAYOR RON DUNIN
APPROVED AS TO FORM:
By.
City ne
APPROVED AS TO CONTENT:
Ry: '
Project Manager
ATTEST: U40(.44
CI Y CLERK PAP VOGES
RESOLUTION NO.'6 74j7(1990 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ALTMORIZING FINANCIAL SUPPORT FOR TH - E RESTORATION OF AN HISTORIC
HOUSE AT 531 DANA STREET
WHEREAS, the City of San Luis Obispo in cooperation with the Bank of America
has established a program to provide ovide fina I ncial support to owners of historic residential
properties who wish to rehabilitate their properties; and
WHEREAS, the City established an application period of September 1, *1989 to
October 31;1 1089 for property owners to submit applications for financial support; and
WHEREAS, the City Community Development Department has received an
application involving a proposal to restore A single family house '' at 531 Dana Street
(new foundation); and
WHEREAS, the Cultural Heritage Committee (CHQ has reviewed the application
for financial support and has recommended that the City Council approve it as submitted
and subject to specific conditions of approval.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. The following request for city financial support is hereby approved subject to the
condition stated below-
A. 531 Dana Street, Betty M. Holt, - Applicant. Financial support, for the
construction of a new foundation and related improvements to the floor system
and exterior siding.
Maximum City Support: $16,790
Condition of - Support: The replacement siding at the cripple wall shall match that
used on the rest of the residence.
.2.. The subject restoration work affecting property at 531 Dana, Street and the request
for financial - - assistance Lssistance is consistent with city - adopted Historical Preservation Financial
Assistance Guidelines (September 1989)
61747
Page 2: Resolution 6747 (1990 Series)
3. The city's action to support this _, application.- in no way obligates the
Bank of America to approve below - market loans for; .this- applicant.
On motion of Councilman Roalman ,seconded by Councilwoman Pinard 'and
on the following roll call vote:
AYES: Councilmembers Roalman, Pinard, Rappa, Reiss and Mayor Dunin
NOES None
ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of ;.Tanuarr7, :990
..��-
Mayor on Dunin
ATTEST:
Pam oges, City lerk
-APPROVED:
V \
John Du, City Administrative Officer
Randy Rossi, Interim Community
Development Director
N
4,,;OLUTION NO. 6746 (1990 Series
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING PROPERTY LISTED IN EXHIBIT A
AS SURPLUS PROPERTY
BE IT RESOLVED
by
the Council of the City of San Luis
Obispo
as
follows:
SECTION 1. That
the
City Council hereby declares that all
items
of
personal property
listed in Exhibit A attached and incorporated herein by reference are surplus property.
SECTION 2. Disposal of the property shall be made by sale at auction, direct sale to
other local government agencies, or as unsalable "junk" in a manner to be determined by
the Director of Finance.
Councilwoman
On motion of Ra-pPa , seconded by Mayor. Dunin and on the fol-
lowing roll call vote:
AYES: Councilmember Rappa, Mayor Dunin, Councilmembers Reiss and Roalman
NOES: Councilmember Pinard
ABSENT: None
the foregoing Resolution was passed and adopted the
Mayor Ron Dunin
ATTEST:
U
Cik Clerk Pam oges
APPROVED:
City dministrative Officer
16th day of, January;,- 1990:
6746
CITY OF SAN LUIS OBISPO
SURPLUS VEHICLE LIST
December 19, 1989
EXHIBIT A
AGE
CITY NO
MODEL YEAR
DEPARTMENT
DESCRIPTION
VIN -NO
MILES
MONTHS
REPLACEMENT
SCHEDULE
2686
87
- Police
Sedan
2114
73,995
36 mo
24 months
or 75,000
miles
1667
87
Police
Sedan
4589
50,971
39 mo
24 months
or 75,000
miles
1787
87
Police
Sedan
4623
56,892
28 mo
24 months
or 75,000
miles
1987
87
Police
Sedan
4752
66,477.
28 mo
24 months
or 75,000
miles
2187
87
Police
Sedan
4822
68,617
28 mo
24 months
or 75,000
miles
1587
87
Police
Sedan
4552
65,221
28 mo
24 months
or 75,000
miles
2087
87
Police
Sedan
5207
51,113
28 mo
24 months
or 75,000
miles
2466
87
Police
Sedan
2113
37,405
36 mo
24 months
or 75,000
miles
1485
85
Police
Sedan
4066
66,011
54 mo
24 months
or 75,000
miles
1985
85
Police
Sedan
4061
90,190
54 mo
24 months
or 75,000
miles
2586
87
Police
Sedan
2115
39,987
36 mo'
24 months
or 75,000
miles
0383
83
Police
Scooter
409
11,209
62 mo
48 months
or 75,000
miles
2284
83
Police
Sedan
9211
53,176
66 mo
48 months
or 75,000
miles
0479
79
Recreation
Sedan
8676
35,334
127 mo
damaged beyond repair
0665
65
Public
Works
Pickup
3684
93,634
288 mo
60 months
or 75,000
miles
0769
69
Utilities
Truck
2466
116,838
248 mo
12 years
or 100,000
miles
0470
70
Public
Works
Truck
6633
'108,155
234 mo
12 years
or 100,000
miles
0565
64
Public
Works
Truck
21E5
108,663
300 mo
12 years
or 100,000
miles
0156
56
Public
Works
Tractor
9817
5,800 hes
408 mo
15 years
or 4,000 hours
0782
82
Public
Works
Sedan
9066
104,432
90 mo
48 months
or 75,000
miles
1964
83
Admin
Sedan
8070•
95,000
66 mo
48 months
or 75,000
miles
1380
80
Public
Works
Sedan
0582
91,869
104 mo
48 months
or 75,000
miles
0875
75
Public
Works
Truck
9991
84,498
172 mo
12 years
or 100,000
miles
0376
76
Public
Works
Truck
0383
33,878
164 mo
12 years
or 100,000
miles
EXHIBIT A
..
� J F �� �-.
RESOLUTION NO. 6745 (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING PLANS AND SPECIFICATIONS,
AUTHORIZING STAFF TO ADVERTISE FOR BIDS, .AND
AUTHORIZING CAO TO AWARD CONTRACT TO SUCCESSFUL BIDDER
WHEREAS, funds for the installation of curb, gutter and
sidewalk are included in the 1989 -90 Budget, and
WHEREAS, the project is categorically exempt from an EIR, and
is not of sensitive or exceptional community interest;
NOW THEREFORE BE IT RESOLVED, that the City Council hereby
approves the Plans and Specifications for City Plan No. P -07B,
"South Street Widening," and "Street Widening Project -- Meadow
Street - Funston Ave. "; directs staff to advertise for bids; and
authorizes the CAO to award the contract to the low bidder if
bids are below the Engineer's Estimate.
On motion of Counci Yman Roa2man seconded by
Counci&oman Pinand , and on the following roll call vote:
AYES: Counci&embet6 Roa&an, Pinand, Rvdzs and Mayon Dun in
NOES: Councitwoman Rama
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day
of JanucftN , 1990.
OR RON DUNLN
- ATTE P ( 9
V
CITY LERK PA OGES
6745
Resolution No. 6745 (1990 Series)
Page Two.
APPROVED:
Public Works Director
�Q�
Cit Engineer
p /p07b -award
by
�`� �`�
�/ � A
RESOLUTION N0,6553 *(1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING CONTRACT OF EMPLOYMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND DODIE WILLIAMS, BIA ADMINISTRATOR,
FOR THE PERIOD JANUARY 1, 1989 THROUGH DECEMBER 31, 1989
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That the contract of employment between the City of
San Luis Obispo and Dodie Williams as BIA Administrator for the period
January 1, 1989 through December 31, 1989., attached hereto as Exhibit
^A" and by this reference made a part hereof, has been reviewed and is
approved and the Mayor is authorized to execute same.
On motion of Councilwoman Rappa seconded by Councilwoman Pinard,
and on the following roll call vote:
AYES: Councilmembers Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: Councilman Settle
the foregoing Resolution was passed and adopted this 20th day of
_December , 1988.
YOR:RON DUNIN
APPROVED:
City dministrative Officer
City Uttor y
P onnel Direct
Finance Director
C 0
�.yR
RESOLUTION NO. 6744 (1990 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO CONFIRMING COSTS OF CURB, GUTTER AND
SIDEWALKS CONSTRUCTED UNDER THE 1911 ACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That pursuant to public hearings duly held, the
Council hereby determines that it has addressed objections or
protests to the costs of construction submitted by the Public
Works Director and hereby confirms said costs as submitted as set
forth hereafter.
SECTION 2. That the hereinafter listed construction costs
shall be paid within five (5) day's after the date hereof and any
such costs remaining unpaid thereafter shall be turned over to
the City Tax Collector to be placed as a lien against the
property and collected with the city taxes, and subject to the
same penalties and costs'if not paid on the first installment.
The property owners, addresses and construction costs are shown
on Exhibit "A ".
SECTION 3. If the assessment is $1,000 or more, payment may be
made in three annual installments at seven percent (7 %) interest
subject to all the curative clauses and powers of the 1911 Act.,
The property owners addresses and construction costs are shown in
Exhibit "B ".
On motion of Corivrr,ilmnvr RnnImnyi , seconded by
Coupe i woman Piviand and on the following roll call
vote: ,
6744
Resolution No. 6744 ( 1990 Series)
AYES: Councitmembeu R6a&an, Pinand, Reizz and Maym.'Dunin
NOES: Councilwoman Rapna
ABSENT: None
the foregoing Resolution was passed and adopted this 91arl
day of JanuoAy , . -1990.
ATTEST RON DUNIN
CITY C PA OGES
1911act /dfr #19
Peter M. Kardel
John F. Sachs, et. al
c/o Richard Keenan
UNPAID AS OF 1/2/90 AT 5:00 PM
1101 Marsh (Santa Rosa side) 693.00
194 Lincoln Avenue 793.33
* Denotes action by Lead Person'
,R/eSppnd by:
LJ COLjncil
6cA0
eCity Atty.
Ftlerk -odq.
w
RECEW EL)
JAN 2 KO
CITY COUNCIL
SAN LUIS OBISPO. CA \
So,'ao p.rAs VV ll
MEEr —AG AGENDA
EXHIBIT .'.'A"
DATE , 'i;A*M #
Owner
Location
Amount
Louis
P. Chrysler
226
Lincoln Avenue
$ 793.33
KSBY
467
Hill Street
846.00
John
R. & E. Lehman
875
Mountain View
1,493.50
J. C.
Kundert
1106
Pacific (Santa Rosa Side) 2,000.00
Clara
B: Dalidio
515
N. Broad (Lincoln
Ave. Side) 2,205.00
Peter M. Kardel
John F. Sachs, et. al
c/o Richard Keenan
UNPAID AS OF 1/2/90 AT 5:00 PM
1101 Marsh (Santa Rosa side) 693.00
194 Lincoln Avenue 793.33
* Denotes action by Lead Person'
,R/eSppnd by:
LJ COLjncil
6cA0
eCity Atty.
Ftlerk -odq.
w
RECEW EL)
JAN 2 KO
CITY COUNCIL
SAN LUIS OBISPO. CA \
So,'ao p.rAs VV ll
C
Owner
James & Margaret Coia
EXHIBIT "B"
188 Lincoln Avenue
M. M. Mello 777 Lincoln Avenue
Brandori & Maureen Jones 2145 Cypress Street
Ted Frankel 680 Higuera Street
P ' STING AGENDA
rE I -)-40 ITEM #
Amount
$ 1,100.00
1,287.00
1,650.00
4,943.21
Denotes action by Lead Person i
Respond by:
5�.Itouncll
[e,tAO
Ci°ity Atty.
Clerk -org.
� h} -o►w• pia v�,,'
rqr. .1 E
JAN 2 1990
CITY COUNCIL.
SAN LUIS OSISPO, CA ayw)
RESOLUTION NO. 6743 (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING FIRST AMENDMENT
OF CONTRACT OF EMPLOYMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND DODIE WILLIAMS, BIA
ADMINISTRATOR, FOR THE PERIOD JANUARY 1, 1990
THROUGH MARCH 30, 1990
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1: That the contract of employment between the City
of San Luis Obispo and Dodie Williams as BIA Administrator for the
period January 1, 1990 through March 30, 1990, attached hereto as
Exhibit "A" and by this reference made a part hereof, has been
reviewed and is approved and the Mayor is authorized to execute the
same.
On the motion of Counci&oman Rapp a , seconded by
Counartwoman P.i:nah.d , and on the following roll call vote:
Ayes: Counci.PlYlembe)Lz Rappa, Pinand, Reitz, Roatman and Mayon Dunin
Noes: None
Absent: None
the foregoing Resolution was passed and adopted this 2nd day of
7 vrifntr y � "i:990. _
ATTE
CITY LERK PAM AA VOGES
APPROVED:
O
`����
nistrative officer
6743
FIRST AMENDMENT OF CONTRACT OF EMPLOYMENT
THIS CONTRACT is entered into this 2nd day of January, 1990,
by and between the CITY OF SAN LUIS OBISPO, STATE OF CALIFORNIA,
(hereinafter referred to as "City ") and DODIE WILLIAMS, a. contract
employee (hereinafter referred to as "Employee ").
W I T.N E S S E T H:
WHEREAS_, the City entered into a contract of employment with
Employee on December 20, 1988, for a period commend!_ng January 1,
1989 through December 31, 1989; and _
WHEREAS, it is in the-best interests of City and Employee to
extend the contract for an additional three (3) month period.
NOW, THEREFORE, the parties do mutually agree as follows:
1. Paragraph 6 of the contract of employment dated December
20, 1988 between City and Employee is amended to extend the term
for an additional three (3) month period commencing on January 1,
1990 and terminating on March.30, 1990, . unless terminated earlier
as provided therein. The City Administrative Officer may terminate
the contract without the need for action, approval or ratification
by the City Council.
2. All other terms and conditions of that contract of
employment between City and Employee dated December 20, 1988 shall
remain in full force and effect.
IN WITNESS WHEREOF, City and Employee have executed this First
Amendment of Contract of Employment on the day and year first
hereinabove set forth.
CITY OF SAN L S OBISPO /
1/
AY OR RON DUNIN Dodie Williams
�j
i
RESOLUTION NO. 6742 Series)
A.RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING EMERGENCY REPAIR OF THE
ROCKVIEW LIFT STATION WET WELL WAIVING PURCHASING CONTROL
GUIDELINES AND.AUTHORIZE CAO TO APPROVE CONTRACT
WHEREAS, the City staff has inspected the Rockview Lift
Station Wet Well;
WHEREAS, the inspection has determined the wet well in need
of immediate repair;
WHEREAS, the immediate, need of repair is determined to be an
emergency situation and;
WHEREAS, the Council may waive the City's Purchasing, Control
Guidelines and direct staff to enter into an emergency repair
contract.
NOW THEREFORE, BE IT RESOLVED the City Council determines
that the Rockview Lift Station Wet Well is in an emergency state
and they waive the Purchasing Control Guidelines and authorize
the City Administrative.Officer to approve a contract for the
emergency repair- of,the Rockview Lift Station Wet Well..
On motion of Counc.i:ewoman Rappa , seconded by Coune,i ewoman Pinand,
and on the following roll call vote:
AYES: CouncU embehl Rappa, PinoAd, Re.c6b, Roatman and Mayon Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 2nd day of
Januevc y 1990.
ATTE
CITY LERK PAM a OGES
Ap,wpnu n
e-ViYOR RON DUNIN
042
RESOLUTION N0.6741 (.199.0:; Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO DECLARING
THE RESULTS OF THE GENERAL MUNICIPAL
ELECTION HELD TUESDAY, NOVEMBER 7, 1989
WHEREAS, a General Municipal Election was held in the City of
San. Luis Obispo on the 7th day of November, 1989, which election
was duly held and conducted in the manner provided by the Charter
of the City of San Luis Obispo, and as provided by law for the
purpose of electing a Mayor and two (2) City Councilmembers; and
WHEREAS, under the provisions of City Council Resolution No.
6640 (1989 Series), the Board of Supervisors was authorized to
perform the official canvass of the November 7, 1989, General
Municipal. Election pursuant to the election laws of the State of
California; and
WHEREAS, a statement of the results of said election has been
duly entered by the City Clerk in the official records of the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo that:
SECTION 1. The whole number of votes cast in said election
within the City of San Luis Obispo was 11,532.
SECTION 2. The names of the persons voted for, the office for
which each person was voted for, the number of votes given at each
precinct to each person, are shown by the tabulation of votes,
marked Exhibit "A" and attached hereto, and by this reference
incorporated herein as though fully set forth.
6141
Resolution No. 6741 (1990 Series)
Page 2
SECTION 3. RON DUNIN, the candidate having received the
highest number of votes cast. at said election for the office of
Mayor, is hereby declared elected to such office for the term
prescribed by the City Charter.
SECTION 4. BILL ROALMAN AND PENNY RAPPA, the two candidates
having received the highest number of votes cast at said election
for the office of City Councilmember; are and each of them is
hereby declared elected to such office for the term prescribed by
the City Charter.
SECTION 5. The City Clerk is hereby directed to sign and
deliver to each of said Ron Dunin, Bill Roalman and Penny Rappa a
certificate of election certifying to him /her election of him /her
respective office, as hereinbefore set forth.
On motion of Coune,i,Pmemben Rappa seconded by Councitmembeh Pinatcd
and on the following roll call vote:
AYES: Councitmembenu Rappa, Pinand, Rena, Roatman and Mayon Duni:n
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this %Nd day of
January 1990.
RON- DUNIN
ATTEST
0�5
CITY -CLERK PAM/ VOGES
1
Resolution No. 6741 (1990--' Series)
Page 3
APPROVED:
City A inistrative Officer
`J
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C E R T I F I C A T E
I, Pamela Voges,.the City Clerk of the City of San Luis Obispo,
certify that the following is the final statement of votes cast at
the General Municipal Election held in the City of San Luis Obispo,
California, on November 7, 1989.
1 - Number of registered voters in city: 26,894
2 - Number of votes cast in city: 11,532
3 - Tabulation of votes by person:.
For Mayor
Ron Dunin 61148
Allen Settle 51102
For Councilmember
Bill Roalman
51268
Pierre Rademaker
4,934
Penny Rappa
51091
Richie Ray Walker
1,518
Brett Cross
846
Gary Kunkel
2,566
David Blaine
831
4 - Tabulation of
votes
by
precinct (Exhibit "A")
5 - Tabulation of
votes
by
person (Exhibit "A")
6 - Tabulation of
absentee
votes (Exhibit "A")
7 - Tabulation of
votes
on
Measure G (Exhibit "B ")
Witness my hand and the
seal of the City Clerk of San Luis Obispo
this /3 day of , 1989.
voges, ci
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RESOLUTION NO.
r.
6740 (1990 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE SUBMISSION OF AN APPLICATION
UNDER THE CALIFORNIA BEVERAGE CONTAINER
RECYCLING AND LITTER REDUCTION ACT
WHEREAS, the Legislature of the State of California has
enacted the California Beverage. Container Recycling and Litter
Reduction Act which provides funds to certain entities for litter
Abatement and recycling activities; and
WHEREAS, the Division of Recycling has been delegated the
responsibility for the administration of the program and setting
up necessary procedures governing the submission of proposals by
various organizations and local agencies under the program; and
WHEREAS, said procedures established by the Division of
Recycling require the proposer to certify by resolution local
approval to submit an application prior to submission of said
application to the state.
NOW THEREFORE BE IT RESOLVED, that the City Council:
1. Fully supports all projects within said application;
2. Certifies that the proposed project does not replace
previously City budgeted project.
on motion of Councitmemben P,appa seconded byCounai&embeh PinaAd
and on the following roll call vote:
AYES: Counai.2membvLz Rappa, Pinand, Relish, Roaeman and Mayan Duni:n
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this, god
day of � �y 1990.
yor Ron Dunin
ATTE
City Clerk Pam oges
6740
Rezotution No. 6740 (1990) 1, ^
Page 2
APPROVED:
City A inistrative Officer
�� ; ` •fir i
1.��
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L/ f `
Vfn� Vry _
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•�
RESOLUTION NO. 6739
(1990 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 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.
0
On motion of Mayor Dunin %seconded b_y Councilman and on the
Reiss
following roll call vote:
AYES: Mayor Ron Dunin, Counrilmembers Reiss;.;Pinard.and Roalman
NOES: Councilmember Rippa
ABSENT: None
The foregoing Resolution was passed and adopted this 2nd .day of JanuaAy
1990.
la XFA
YOR RON DUNIN
ATTEST:
CI CLERK,PAMELA ItS
19 I A
r,
Resolution No. 6739 (1990 Series)
Page Two
APPROVED:
City Ad •nistrative Of icer
City Attorne
Fin a Director
�2-9�e�
Public Works Director
treets Manager
g:zone9 -re.wp
RESOLUTION NO. 6738 (`19.90 SERIES)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO
APPROVING AN AGREEMENT BETWEEN THE
CITY OF SAN LUIS OBISPO AND THE
SAN LUIS OBISPO LITTLE THEATRE FOR
LEASE OF A CITY PROPERTY AT 1010 NIPOMO STREET
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 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:
The San Luis Obispo Little Theatre, City Administrator, and
Community Development Director.
On motion of Councilmember Ranpa
seconded by Councit2 ember P-inand and on the following .roll
call vote:
AYES: Counc.i b-Aembeu Rappa; Pinatd, Reiss, Roa&an and Mayon. Duwi.n
NOES None
ABSENT' None
the foregoing resolution was passed and adopted this 2nd day of
JanucyLy, 1990.
.1 ATTES
Or7AA
CITY LERK
PAM V ES
YOR RON DUNIN_
✓� 6738
Resolution No Series)
Page Two - 67�8 *i-)o
APPROVED:
CITY MINI I STRATIVE OFFICER
AGREEMENT BETWEEN SAN LUIS OBISPO LITTLE THEATRE
AND THE CITY OF SAN LUIS OBISPO
FOR LEASE OF CITY PROPERTY AT 1010 NIPOMO STREET
This agreement entered into this 2 day of January 1990 , by and
between the City of San Luis Obispo hereinafter referred to as
"City ") and San Luis Obispo Little Theatre, a non - profit California
corporation (hereinafter referred to as "SLOLT ")..
INTENT
WHEREAS, the City is the legal owner of property located at
1010 Nipomo Street, in the City of San Luis Obispo as shown in
attached Exhibit "B ";
WHEREAS, the City wishes to enhance Mission Plaza activities
and the vitality of downtown by encouraging development of live
theatre facilities and opportunities for other community events,
seminars, meetings and public presentations in the downtown;
WHEREAS, the addition of 'a non - profit theatre facility in
Mission Plaza is intended to complement ongoing plaza activities
And provide a place where historical, cultural and artistic events
can be presented for community enjoyment and education;
WHEREAS, it is the intent of the City to maximize daytime,
evening and. year -round use of the facility. As such, the City
expects SLOLT to take every opportunity to keep the facility fully
occupied and active and to make the facility available at a cost
the encourages such use;
WHEREAS, the City represents that the property to be leased
is worth at least $325,000 and that the lease rate is proposed to
be below market rate and is in the public interest;
WHEREAS, the City is willing to lease the subject property to
SLOLT and the SLOLT has authority to enter into an agreement for
the lease of real property;
NOW, THEREFORE be it resolved that the City considers the
development of a non - profit community theatre on the proposed
property to be of'benefit to the community at large and the parties
agree to meet the intent of this agreement according to the
following:
LEASE TERMS
1. SLOLT agrees to lease the subject property and to develop
and operate a facility on the proposed site for the term of the
lease, which will serve to meet the intent of this agreement. The
City will have no obligation for development and /or operation of
the proposed facility. Any costs incurred for development and
operation of facility shall be the sole responsibility of SLOLT.
tom:
2. . SLOLT will lease the property for forty (40) years
beginning with the start of construction and ending forty years
later on the anniversary of said date.
3. SLOLT will reserve the first right to negotiate an
additional term upon mutual agreement of City and SLOLT not to
exceed fifteen (15) years for purposes outlined in the intent of
this agreement, outlined above. SLOLT shall submit any notice of
interest in an extended term no less than one (1) year prior to
termination of the base term of the lease agreement.
4. The lease may not be assigned except by prior written
approval of the City. Such approval shall not be unreasonably
withheld.
5. The lease rate shall be fixed at $1 per year.
USE AND OPERATIONS
6. In recognition of the below market lease rate, SLOLT
agrees to make the facilities available without fee to the City for
official or City- sponsored uses. In addition, the City shall have
first right of use for uncommitted time periods consistent with the
requirements. of SLOLT's own use and other provisions of this
agreement.
7. SLOLT is encouraged to sub -lease the facility to promote
and ensure the fullest community benefit. First consideration for
use by others will be given to the City and to local non - profit
groups. The City and other performing groups and organizations
shall be assured use of the facility at least ten (10) weeks per
fiscal year (July 1 to June 30) which will be coordinated with the
SLOLT performance and rehearsal schedule. Sub -lease charges will
be at a rate which generally reflects the costs to amortize costs
and maintenance of the building. The form of sub -lease agreements
and schedule sub -lease charges shall be subject to City approval
consistent with the purposes of this agreement, which approval
shall not be unreasonably withheld.
8. A minimum of sixty (60) annual performances and offerings
which'are open to the public will be provided by the SLOLT. During
this period, use of the facility will not be exclusive to the
SLOLT. If at any time SLOLT is unable to maintain this level of
operation, the City may issue a one hundred twenty (120) day notice
of early cancellation to terminate the lease agreement.
9. SLOLT will use due diligence in encouraging other
performing groups and organizations to utilize the facilities
whenever not in use by SLOLT.
10. The SLOLT will provide a full or part -time operations
manager who will be responsible for meeting the terms of the
agreement and assuring the fullest community use of the facility.
C'
In the event that this position is a paid position, the City, upon
receipt of written justification of the need' for such position,
will consider funding a portion of the salary which is directly
related to providing services for groups other than SLOLT.
11. Review of the public use and benefit of the facility
consistent with the intent of this agreement and the rights and
obligations stated thereon will be conducted annually by a seven -
member committee including:
* two members of SLOLT
* the Mayor and City Administrator (or designees)
one representative of the Business Improvement Association
* one representative of the Chamber of Commerce
* one representative of the County Arts Council.
OTHER PROVISIONS
12. SLOLT agrees to accept the condition of the property "as
is" except for unknown subsurface toxic or hazardous materials.
The City shall be responsible for cost of any required clean up of
the site due to toxic or hazardous materials. If the cost exceeds
$10,o00, apportionment of the costs shall be subject to
negotiations between the parties. If no accommodation can be
reached, at the City's option, the lease would terminate and the
site would be returned to its pre -lease condition less structural
improvements, at the sole expense of SLOLT (excluding cost of site
clean up).
13. The City will initiate a General_ Plan Amendment and
rezoning of the property to accommodate this type of use and will
make such efforts as are reasonably necessary to accomplish such
amendments and rezoning. Other required approvals (e.g., use
permit, architectural review) and compliance with zoning and
parking requirements, including payment of in -lieu fees or securing
off -site parking, shall be the sole responsibility of SLOLT. It
is noted that the subject property lies partially in a Flood Hazard
Zone and that new or remodeled structures may require flood -
proofing.
14. Except for "acts of God" and mutually agreed upon
excusable delays to be delineated in the lease, SLOLT will use due
diligence to adhere to the design, planning and construction
schedule described in Exhibit "C". The City reserves the right to
grant time extensions or to cancel this agreement for failure to
progress on this schedule, where failure results from reasons other
than those listed above. Said schedule will commence upon approval
of this agreement by all parties.
15. If after three (3) years of the effective date of this
agreement, SLOLT cannot demonstrate to the reasonable satisfaction
of the City that it has raised or otherwise has funds committed to
cover eighty percent (80 %) of the construction costs of the
building and, in no event, less than $1.1 million, then the City
shall have the right to terminate or extend this agreement, at its
sole option and discretion.
16. If at any time SLOLT is unable to complete development,
the lease will be terminated, and, at the City's option, all
improvements will become the property of the City or the site shall
be delivered free and clear of all improvements.
17. In the event of early cancellation after completion of
construction, the City shall have the option to buy out
improvements at the proportional rate of 90% of actual construction
costs if cancellation is within the first 5 years, 70% between 6
and 15 years, 50% between 16 and 25 years, and nothing thereafter.
If the City chooses not to exercise its option, SLOLT shall sell
their improvements to a city- approved successor.
18. The relationship that will exist between the City and
SLOLT in this matter will be that of lessor and lessee. Under no
circumstance will SLOLT be considered an employee, officer or agent
of the City under this agreement or the lease. Conversely, the
City is not an agent or extension of SLOLT and is acting solely in
its landlord capacity..
19. SLOLT will insure all real property improvements for
their market value and shall maintain public liability insurance
in an amount acceptable to the City. In addition, any required
flood insurance shall be paid for by SLOLT. The City shall be
covered as "additionally insured" on such insurance policies.
SLOLT will also maintain a performance bond to cover the cost of
construction, including materials and labor.
20. SLOLT will indemnify and hold harmless the City, its
officers, agents and employees from any claims, demands, damages,
penalties or costs, including attorneys' fees, imposed which may
arise from development, construction and operation of the proposed
theater facility on City property.
21. SLOLT will maintain the buildings, features of the
theatre and formal landscaping surrounding the theatre development
in first - class condition at all times (shown as unshaded area of
Exhibit "B "). The City will maintain the natural vegetation along
the creekbank (shaded area of Exhibit "B ". Failure to so maintain
in City's reasonable opinion shall, at the City's option,
constitute a material breach of the lease.
22. The City of San Luis Obispo reserves the right to enter
the property to construct and maintain retaining walls, slope
banks, creek channel, Nipomo Street Bridge and other related items
both as they .exist today and as they may be modified, changed or
replaced in the future. The City reserves the right of the public
to pass over and for the City to construct and maintain "Mission
Plaza" improvements on property outside of the footprint of the
building approved by the City (shown as shaded area of Exhibit "B ".
O
23. Both parties also recognize that some issues may not have
been anticipated or addressed herein and that changes to the
agreement may be warranted. Thus, this agreement may be amended
upon written consent of the both parties to the approval of the
City Administrative Officer and the
by law. City Attorney and as provided
This Memorandum of Agreement is executed this day of January
,1990 in the City of San Luis Obispo, State of California.
SAN LUIS OBISPO LITTLE THEATRE THE CITY OF SAN LUIS OBISPO
7
Director' - — - -
Mayor
DD ct r � - ^- -
City Ad inistrative Officer
Director
irector
:ATTEST:
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31 /SLOLT
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Community Development Director
EXHIBIT ':B!!
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SME PLAN
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SAN LUIS OBISPO LITTLE THEATRE
Design, Planning and Construction Schedule
Phase I Application, Project Description, Environmental
Review, and Schematic Design and City Approvals
Phase II Design Development and Final Approvals
Phase III Working Drawings
Phase IV Plan Check and Re -Check
Phase V Construction Bidding
Phase VI Construction
Total Design, Planning and Construction
B1 /SLOLT
8 months
4 months
5 months
5 months
3 months
12 months
37 months
i
RESOLUTION NO. 6737 (1990 SERIES)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO
AUTHORIZING TEMPORARY USE OF CITY PROPERTY
AT 1010 NIPOMO STREET BY THE
SAN LUIS OBISPO CHILDREN'S MUSEUM
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 Children's Museum is hereby
approved and the Mayor is authdrized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this
resolution and a copy of the executed agree_.ment approved by it
to :. San Luis Obispo Children's Museum, Parks and Recreation
Department, Finance Director, and Office of Administration.
On motion of Counaiewoman Rappa seconded by
Counc i 2woman P, na&d and on the following roll call vote:
AYES: Counaiemembeu Rappa, Pinand, Reizz, Roatman and Mayon Dunin
NOES: None
ABSENT: None
the foregoing Resolution' was passed and adopted this 2nd day of
JanucAy 11990.
ATTT,/.
44
CITY -CLERK - -P Voges
Approved:
- City -Ffnandle Director -
6737
AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO AND
SAN LUIS OBISPO CHILDREN'S MUSEUM FOR
USE OF CITY PROPERTY AT 1010 NIPOMO STREET
This Agreement entered into this 2nd day of Januvcy 1990,
between the City of San Luis Obispo (herein referred to as "City"
and the San Luis Obispo Children's Museum, a non- profit
organization (herein referenced as "Museum ").
WITNESSETH
WHEREAS, the City is the legal owner of the property located
at 1010 Nipomo..Street in the City of San Luis Obispo as shown in
graphic description of the subject property is attached hereto as
Exhibit-"A".
WHEREAS, the City is willing to allow for temporary use of
this property by the .San Luis Obispo Children's Museum, a non-
profit organization, and that the Museum has authority to enter
into an agreement for the use of the property;
WHEREAS, the city-wishes to support the opportunity for the
youth of the community to experience a creative; educational, and
exploratory type of museum geared to children's interests;
WHEREAS, the City considers use of this property by the Museum
to be in the public.interest and an appropriate complement to the
Mission Plaza and its activities;
NOW, THEREFORE, in consideration of the mutual covenants,
conditions, promises and agreements herein set forth, the city and
Museum hereby agree to the following terms and conditions for use
of this property:
LEASE TERMS
1. The Museum agrees to occupy the subject property, to
remodel the existing structure and to operate the facility for the
term of the Agreement.
2. The term of use of the property as a Museum. will begin on
January 1, 1990 and last 18 months ending June 30, 1991. The
Museum may request three -month extensions of the Agreement. Such
requests shall be submitted in writing to the City Administrator's
Office no less than one month in advance of time extension
requested.. Time extensions shall be subject to the approval of the
City and the San Luis Obispo Little Theatre and shall be denied if
continued use of the property by the Museum would conflict with
Little Theatre's plans for redevelopment of the site. Such
approvals shall not be unreasonably withheld.
3. The City agrees to sponsor the Museum as a City Recreation
Department Program and, as such, no rent will be charged.
USE AND OPERATIONS
4. The City agrees to remove all contents of the building
prior to occupancy by the Museum and no later than
February 1, 1990.
5. The Museum agrees to accept the building in its present
condition. The cost to remodel the building to make the structure
useful as a Museum shall be borne by the Museum and includes, but
is not limited to interior improvements, exterior painting,
landscaping, hardscape, deck and fence installation, installation
of trash enclosure, and design and screening of temporary storage.
6. The Museum is permitted to access the building for the
purpose of preparing it for use as a museum at its own expense and
I isk prior to occupancy provided that such access does not conflict
with City use of the building prior to February 1, 1990.
7. The Museum shall be- required to comply with all applicable
codes, permits and approvals required or enforced by the City
including but not limited to rezoning, general plan amendment,
administrative use permit, architectural review, building and
seismic safety. Proposed structural changes to the building shall
first be approved by the City. The City will initiate a General
Plan Amendment and rezoning of the property to accomodate this type
of use and will make such efforts as are reasonably necessary to
accomplish such amendment and rezoning.
8. Except for "Acts of God!' and mutually agreed upon,
excusable delays or similar circumstances beyond their control, the
Museum will use due diligence to adhere to the design, planning and
construction schedule described in Exhibit "B ". The City reserves
the right to grant time extensions and to cancel this Agreement for
failure to progress on this schedule.
9. The City will provide insurance .coverage for the Museum
use as it would for other Recreation Department programs and uses.
Prior to operation as a Museum, the Museum agrees to insure all
real property improvements for their - - market - -value and shall
maintain public liability insurance in an amount agreed upon by
both parties. Evidence of insurance shall be submitted to the City
for approval before access to the .building is permitted.
10. If the Museum is unable to complete renovation of the
building, the Agreement may be terminated and at the City's option,
all improvements will become the property of the City or the site
shall be delivered free and clear of all improvements which were
added by the Children's Museum and returned to the City in the same
condition as prior to February 1, 1990.
11. The Museum will be open to the general public a minimum
of 5 days a week for at least 4 hours per day, 20 hours per week.
A nominal entry fee may be charged by the Museum to help cover
costs of operations and maintenance of the Museum.
C
12. The City will provide part -time staffing for the Museum
for one year beginning July 11 1990 and ending on June 30, 1991. .
If time extensions for use of the building are granted, the Museum
will provide staffing at. its sole expense after June 30, 1991
unless other arrangements are agreed upon in writing by both
parties prior to that time.
13. The structure and /or property shall be used only for
those purposes stipulated in this Agreement, unless other uses are
Approved in writing by the City.
14. The City shall provide weekly maintenance of the grounds
and deliver cleaning and maintenance supplies to the building as
needed to maintain a clean and safe facility.
15. The museum will maintain the facility in first -class
condition at all times. The Museum will maintain and clean the
building interior, exterior and landscape which is part of the
Museum experience. The City will maintain the natural vegetation
along the creekbank.
16. The Museum agrees to indemnify and-hold harmless the
City, its officers, agents and.employees from any claims, demands,
damages or penalties imposed which may arise from development
construction and operation. of the proposed-Museum facility on City
property.
17. Both parties recognize that some issues may not be
covered in this Agreement. The Agreement may be amended
accordingly if the changes meet the intent of this agreement, both
parties agree to changes in writing, and such changes are approved
by the City Administrative Officer.
18. This Memorandum of Agreement is executed this day of
,1990, in the City of San Luis Obispo, State
of California.
Childr '� Muse
1
Director
Director
B1 /cmuseum
City of San-Luis-Obispo
City A ministrative Officer
t t rn
Community Development Director
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EXHIBIT "B"
TENTATIVE SCHEDULE
SAN LUIS OBISPO CHILDREN'S MUSEUM
January 1990 City Council review of Agreement.
Form Non - profit corporation
Seek donations and contributions
Submit ARC and Use Permit application
to City
Organize building improvement and
exhibit committees
Planning Commission review of General
Plan Amendment /Rezoning
February 1990 City Council consideration of General
Plan /Rezoning
ARC review
March/April-1990 Finish ARC, Use Permit and Building
Permit approvals
Obtain building permits, start
interior plumbing and electrical
improvements
Start exterior painting, landscaping
and fencing
May /June 1990 Complete exterior improvements;
Continue exhibit work
Furnish and supply building
Train staff-and volunteers
July /August 1990 Possible partial opening and trial
operations
September 1990 Completion.of exhibits
Prepare official opening
Grand opening celebration event
B1 /cmuseum
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RESOLUTION NO. 6736 (1990 Series)
RESOLUTION APPROVING THE REVISION OF THE
AGREEMENT CREATING THE CENTRAL COAST CITIES
SELF INSURANCE FUND AND THE CREATION OF
BYLAWS
WHEREAS, the City of San Luis Obispo is a member entity of the
Central Coast Cities Self Insurance Fund; and
WHEREAS, the Board of Directors of the Central Coast Cities
Self Insurance Fund at the October 4, 1989 meeting voted to
recommend revisions to the original Agreement, and
WHEREAS, the Board of Directors voted to create Bylaws for the
Central Coast Cities Self Insurance Fund; and
WHEREAS, a complete and true copy of the proposed Joint
exercise of Powers Agreement and. Bylaws recommended by the Board,
has been provided to.this member entity; and
WHEREAS, this member entity is in accord with the revised
Joint. Exercise of Powers Agreement and the Bylaws, and finds that
they should be adopted; now therefore
BE IT RESOLVED that this member entity hereby adopts the
revised Joint Exercise of Bowers Agreement and newly created
Bylaws, and authorizes execution of the Agreement.
On motion of Counait-woman Rappa seconded by CounaiLvoman Pinatd ,
and on the following roll call vote:
AYES: Councitmemben6 Rdppa, Pinatd, Reiz.6, Roatman and Mayon Duni.n
NOES None
ABSENT: None
673:6
Resolution No. 6736 (1990 Series)
The foregoing Resolution was passed and adopted this 2nd day
JanucvLy, 1990.
POMMUR -RON DUNIN
ATTEST:
�. U
CITY 4LERK PAM Vo l S
APPROVED:
City inistrative officer
Personnel Director
F
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4� AGREEMENT N0. Gl -90 —CC
JOINT EXERCISE OF POWERS AGREEMENT
FOR CENTRAL COAST CITIES SELF INSURANCE FUND
This Agreement is made by and among the undersigned public entities, all of
which are organized and operating under the laws of the State of California.
RECITALS
1. The following state laws, among others, authorize the Member
ALencies to enter into this Agreement:
A. Labor Code Section 3700(h) which allov-s a local public entity to
fund its Workers' Compensation claims;
B. Government Code Sections 989 and 990 which permits a local
public entity to insure against liability and other losses;
C. Government Code Section 990.4 which permits a local public
entity to provide insurance and self - insurance in any desired combination;
D. Government Code Section 990:5 which permits two or more
local public entities to enter into an agreement to jointly fund such
expenditures in accordance with Government Code Sections 6500 -6515; and
01 -90 —CC
it
E. Government Code Section 6500 -6515 which permits two or more
local public entities to jointly exercise under an agreement any powers which
are common to each of them.
I Each of the parties to this Agreement desires to join with the other
parties for the purpose of:
A. Developing effective risk management programs to reduce the
amouni and frequency of their losses;
B. Pooling their self- insured losses; and
C. Jointly purchasing insurance and administrative services in
connection with ,im of the programs for said parties.
I. The governing bode of each undersigned public entity has determined
that it is in the entity's own best interest and in the public interest that this
present Agreement be executed and that the entity shall participate as a
member of the public entity created by this Agreement.
NOW, THEREFORE, the undersigned, by, between and among themselves.
in consideration of the mutual benefits, ,promises and agreements set forth below,
hereby agree as follows:
T1:17- 50.1STS 1
2
August V. I'114
s
AGREEMENT
ARTICLE. I
RE- CREATION OF TIIE CENTRAL, COAST CITIES SELF INSURANCE FUND
This agreement has been created for the. purpose of revising and updating an
existing Joint Exercise of Powers Agreement forming the Central Coast Cities Self
lnsurrince Fund.
Pursuant to Article I. Chapter 5, Division 7, Title I of the Government Code of the
State of California (commencing with Section 6500), the parties hereto hereby create
a public agcncy. separate and apart from the parties hereto. known as the Central
Coast Cities Self Insurance Fund. hereinafter called the Authority. This agreement
sh:dI supersede am such other a,rcement.
ARTICLE LI
PURPOSES
This Agreement is entered into by Member Agencies pursuant to the provisions of
California Government Code Sections 990, 990.41 990.8, and 6500, et seq.. to:
1. Pool on a self - insured basis various risks in excess of established
deductible amounts and up to a jointly selected maximum;
2. Jointly purchase insurance coverage;
3. Jointly purchase administrative and other services including, but not
limited to: claims administration, data processing, risk management, loss
prevention
and legal
services in connection with any of the
Programs:
h.
4. Create and maintain various Program funds to pay the cost of the
self - insured portions of losses insured against;
S. Implement risk management and loss control programs;
G. Provide for including in the future additional cities which desire to
become parties to the Agreement; and
7. Provide for the removal of ,Member Agencies for cause or.upon
request.
ARTICLE III
DEFINITIONS
Unless the context otherwise requires, the following terms shall be defined as herein
stated:
1. "Authority" shall mean Central Coast Cities Self Insurance Fund.
I "Board" or "Board of Directors" shall mean the governing body of the
Authority.
3. "Deposit" shall mean the estimated amount determined by the Board
for each Member Agency necessary to fund the Program Year for each
Program of the Authority.
I'S 1 4 August v. I• +�"
4. "Insurance" shall mean that insurance which may be purchased on
behalf of the Authority to protect the funds of the Member Agencies against
loss as is determined by the Board of Directors.
�. "Member Agency" shall mean any of the public entities which are a
parts to this Agreement.
6. "Memorandum of Coverage" shall be the document issued by the.
Authoritv to Member Agencies specifving the-tvpe and amount of pooled
coverage provided to each Member Agency by the Authority.
7. "Fiscal Year" shall mean a period of time as defined, in Article X1, to
be used in determining operating budget, deposits, and incurred losses.
S. "Program" shall include, but not be limited to, properry. workers'
compensation. and liability coverages as may be determined by the Board.
9. "Covered Losses" shall mean any loss resulting from a claim or claims
against a Member Agency which is in excess of its respective deductible and
is covered by any Memorandum of Coverage issued by the Authority or any
purchased insurance coverage
ARTICLE V1
PARTIES TO AGREEMENT
Each party to this Agreement certifies that it intends to, and does, contract with all
other parties who are signatories to this.,Agreement and, in addition, with such other
parties as may later be added parties to, and signatories of, this Agreement pursuant
August
t
0 10
to Article XVII. Each party to this Agreement also certifies that the deletion of any
party from this Agreement, pursuant to Article XVIII or X1X, shall not affect this
Agreement or the remaining parties' intent to contract as described above with the
other parties to the Agreement then remaining.
ARTICLE V
TFRINI OF AGREENIENNT
This Agreement shall become effective when executed by the cities of Arroyo
Grande, Atascadero, Grover City: Guadalupe; Lompoc, Morro Bay. Paso Robles,
Pismo Beach. San Luis Obispo, Santa Maria. and Santa Paula, and shall remain in
full force until terminated in accordance with Article XXI.
ARTICLE VI
POWERS OF-THE AUTHORITY
The Authority is authorized, in its own name, to do all acts necessary to fulfill the
purposes of this Agreement as referred to in Article II, including, but not limited toa
1. Make and enter into contracts;
2. Incur debts, liabilities and obligations, but no debt, liability or
obligation of the Authority is a debt. liability or obligation of any Member
Agency, except as otheru�ise provided by Article XIX and XX;
i. Acquire, hold or dispose of real and personal property;
11- flsU7h. I's I v Aurum 9. 1`r�"
4. Receive contributions and donations of property, funds, services and
other forms of assistance from any source;
5. Sue and be sued in its own name;
6. Lease real or personal property, including that .of a Member Agency;
7. Receive, collect, invest and disburse monies; and
8. Undertake such other activities as may be necessary to carry out the
purpose of this Agreement.
These powers shall be exercised in the manner provided by applicable la«• and as
expressly set forth in this ALrec:ment.
ARTICLE VII
NIENIBER AGENCY RESPONSIBILITIES
The Member Agencies shall have the following responsibilities:
L. To appoint a representative and alternate to the Board of Directors;
2. To cooperate fully with the Authority in determining the cause of
losses and in the settlertrnt of claims, as defined in the insurance coverage:
3. To pay deposits and any adjustments, thereto promptly to the Authority
when due:
MrI30i11q.Ys1 7 Augum 9. 11+101
4. To provide the Authority with such statistical and loss experience data
and other information as may be necessary for the Authority, in all matters
relating to this Agreement and to comply with the Bylaws and all policies and
procedures adopted by the Board.
5. Maintain an active risk management program.
6. Designate a risk manager charged with overseeing the entity's risk
management program within the city;
7. Comply with safety /loss control requirements established by the
Authority.
S. Establish a claim management procedure.
ARTICLE VIII
BOARD OF DIRECTORS
1. MEMBERSHIP There shall be a Board of Directors to govern the
affairs of the Authority. -'Lhe Authority's Board shall be comprised of one
representative from each Member Agency. The City Council of each
Member Agency shall appoint as its representative the City Manager, or Cite
Administrator. The Board member shall serve and be subject to removal and
replacement at the pleasure of the appointing city. Said representative shall
have authority to bind the Member Agency on all matters pertaining to this
agreement.
I EN_W 7:%A T 11
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Each Board representative shall appoint one alternate for such representative who
shall attend meetings in the event that the appointed representative is unable to
attend and who shall, as an alternate, have the same rights as the representative so
appointed.
2. OFFICERS Thc: Board of Directors shall elect from its membership a
President and Vice President in accordance to the provisions of the Bylaws.
The Board of Directors shall appoint a SecretaryfTreasurer. who is not
required to he a member of the Board of Directors.
3. PO%VERS The powers of the Board shall be all of the powers of the
Authorin' not specifically reserved to the Member Agencies by this Agreement
and w2v include. but not he limited to. Article II of said Agreement and the
follct�� in_:
A. Appm%al of Insurance Coyera_cs.
B. Setting deposit premiums.
C. Approval of the annual Authority budget.
D. Election of officers.
E. Creation of Bylaws.
F. Approval of service providers, including but not limited to:
(1) Program Administratur/Bruker
(2) Legal counsel
(3) Auditors
(4) Claim administrators
(5) Loss prevention consultants
G. Delccate authority to officers as provided for in the Bylaws.
AWFICI.I•: IX
IN EFYINGS AND RECORDS
1. BOARD MEETINGS The Board shall hold at least one regular
mecting each fiscal year. The Board shrill fu the date, hour and place at
which each regular meeting is to be held. Special meetings may be called by
the President or upon written request of at least one -third of the Board.
Notice of such special. meetings shall be delivered personally or by mail to
each Board, Member at least seven (1) days before such meeting.
Each meeting of the Board, including. without limitation, regular, adjourned regular
and special meetings, shall be called, noticed, held and conducted in accordance with
the Ralph M. Brown Act (Section 54950, et seq. of the Government Code).
2 RECORDS The President shall keep, or have .kept, minutes of all
reg filar, adjourned, regular and special meetings of the Board. As soon as
1�)
possible after each meeting, a copy of the minutes shall be forwarded to each
member of the Board. Minutes may not be kept of any closed sessions.
No business may he transacted by the Board without a quorum of its members being
present. A quorum shall consist of a majority of its members authorized
representatives. A majority of the members present must vote in favor of a motion
to approve. it, except as may otherwise be provided for in this Agreement.
Alternates shall have: all the and authority of a designated representative.
The Board shall conduct its business in accordance with Roberts Rules of Order.
ARTICLE X
BVIAWS : %ND ND1IINisTRATION_POLICY AND PROCEDURES
The Beard shall cause Bylaws to be developed consistent with applicable law and
this Agreement. to. govern the day -to -day operations of the Authority. Each Board
member shall receive a copy of the Bylaws and any administrative policies and
procedures developed under this article. The Board may adopt additional Bylaws
and approve administrative policy and procedures or change existing ones so Iona as
they shall be and remain consistent with both applicable law and with this
Agreement.
ARTICLE XI
FISCAL YEAR
The fiscal vear of the Authority shall be the period beginning the first day of July of
each calendar vear to and including the 30th day of June of the following year.
- 1Ti/_50"1s. I'S I
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ARTICLE X11
BUDGET
G
The Board shall adopt an annual hudget prior to the beginning of each fiscal year.
ARTICLE X111
ANNUAL AUDIT AND AUDIT REPORTS
The Board of Directors shall cause an annual financial audit to be made with
respect to all receipts, disbursements. and other transactions by a Certified Public
Accountant experienced in and qualified to conduct public agency audits. A report
of such financial audit shall he filed as a public record with each of the Member.
Agencies. Such report shall be filed no later than required by law. All costs of
such financial audit shall be paid by the Authority and shall be charged against the
Member Agencies in the same manner as all other administrative costs.
ARTICLE XIV
ESTABLISHMENT AND ADMINISTRATION OF FUNDS
The Authority shall be responsible for the strict accountability of all funds and
reports of all receipts and disbursements. It will comply with all provisions of law
relating to the subject, particularly Section 6505 of the California Government Code
The Treasurer shall receive, invest and disburse funds only in accordance with the
procedures established by the Board of Directors, the Bvlaws, and in conformity with
applicable last'.
ARTICLE XV
DEPOSITS
The deposit for each Member Agency for each Program in which they participate
shall t)c calculated and paid in accordance with the Bylaws and Administrative Police
and Procedures.
ARTICLE XVI
PROGRAMS
The coveraue(s) provided by the Authority shall be as specified in the Memoranda
Of Coycrace and/or insurance policies. Each Member Entity shall have the ability to
detern.iine in which Prourams it will participate.
ARTICLE XV_II
\'EIS' MEMBERS
Prospective Members may apply for participation in the Authority in accordance
with, and as stated in the Byla%vs.
A two - thirds majority vote of the cities participating in a Program shall be required.
for admission to any Program subject to ratification by two- thirds majority vote of
the entire Board of Directors of the Authority.
1I: %SU7ISTS1 . 0 Augu,i 9. w.•,
ARTICLE XVIII
WITHDRAWAL
Anv Member Agency of the Authority who has been a member for at least three
full fiscal years may withdraw from one or any Program in which it participates.
The withdrawal nmv be effective at the end of a fiscal year. The withdrawing
Member ALencv must notify the Authority in writing at least ninety (90) days prior
to the end of the fiscal near th;lt it will withdraw from a Program.
After withdrawal, the xithdraxine member shall continue to be responsible for any
fimincial .obhuation incurred by reason of lasses occurring prior to the effective date
of an c:ntitv's withdraws tl.
1RTICLE NIX
EXPULSION
The Authority may expel any ,Member Agency. with or without cause. as a
participant in .an%, program or as a member of the Authority by a two- thirds vote of
the Board
ARTICLE XX
EFFECT OF NVITHDRAWAL OR EXTULSION
The withdrawal or expulsion of any Member Agency after the inception of its
participation in any program shall not terminate its responsibility to:
Au -lu,l 4. ty"
I. Cooperate fully with the Authority in determining the cause of losses
and in the settlement of claims, as defined in the coverage agreement;
2. Pay any adjustments determined by the Board to be due and payable
for each program year in which it participated;
3. Provide the Authority with such statistical and loss experience data and
other information as may be necessary for the Authority to carry out the
purposes of this Agreement, and
�. Cooperate with and assist the Authority, any insurer, claims adjuster or
legal counsel retained by the Authority, in all matters relating to this
At:rcement.
ARTICLE XXI
TERMINATION AND DISTRIBUTION
The Programs provided for by this Agreement may be terminated when the Board
so determines that the withdrawal of a sufficient number of members makes it no
longer feasible to continue as a Joint Powers Authority, and that the public interest
is no longer served. However, this Agreement and the Authority shall continue to
exist for the purpose of disposing of all claims, distribution of assets and all other
functions necessary to conclude the affairs of the Authority..
Upon termination of all Programs provided for under this Agreement and the
settlement of all liabilities and claims, including incurred but not reported claims. all
property of the Authority shall he divided among the entities in a ratio equal to
U
their equity in each Program in which they participate. The Board shall determine
such distribution within six months after the last pending claim or loss covered by
this Agreement has heen finally resolved.
The Board is vested with all powers of the Authority for the purpose of concluding
and dissolving the husiness affairs of the Authority.
ARTICLE XXII
NOTICES
Notices to N9emher Aicncies under this Aercement shall be sufficient if mailed to
their respective ::ddresses on file with the Authoritv. Notices to the Authority shall
be sufficient if mailed to the address of the Authority as contained in the Bylaws.
ARTICLE XXIII
PROHIBITION AGAINST ASSIGNMENT
No Member Acyency may assign any right, claim or interest it may have under this
Acreement, and no creditor, assignee or third party beneficiary of any Member
Agency shall have any right, claim or title to any part, share, interest, fund-premium
or asset of the Authority.
'I I'S I
ARTICLE XXIV
AMENDMENTS
This Agreement may be amended by a two- thirds vote of the Member Agencies at
anv regular or special meeting of the Board, provided that any amendment is '
cornp:itible with the purposes of this Agreement and it has been submitted to the
Board Members at least sixty (60) days in advance.. Any such amendment shall be
effccti�'e immediately upon two- thirds vote of the member a,encies.
ARTICLE XXV
SE-VERAIiILITI'
Should any portion. term, condition or provision of this Agreement be decided by a .
court of competent jurisdiction to be illegal or in conflict with any law of the State
of California, or be otherwise rendered unenforceable or ineffectual., the validim of
the remaining portions, terms. conditions and provisions shall not be affected
thercbv.
ARTICLE XXVI
HOLD.HARNTLESS AND INDEMNIFIC4TI0\'
Member Agencies agree and covenant to save free and hold harmless and indemnif.
the Authority, other Member Agencies, their elected officers. employees and
volunteers for any claim, damage; or liability in connection with claims handling.
claims administration, retrospective adjustments, assessments, deposits, coverage,
error and omissions, and /or decisions to expel a Member A_encv..
rI >' /-Sl PS
Augo,t v, 1.1."
ARTICLE XXVII
AGREEMENT COMPLETE
The foregoing constitutes the full and complete agreement of the parties. There arc
no oral und.crstandings or agreements run set forth in writing herein.
ARTICLE XXVIII
EXECUTION OF COUNTERPARTS
This Aurecrtmcnt ITI t1V be e XL: cuted in any number of counterparts, each of which
when so executed shall he deemed to be an original. but altooether shall constitute
one and the same agreement.
IN WITNESS WHEREOF, each of the parties hereto, by and through their
respective duly iutliorized.represcntatives, have executed this Agreement on the date
so indicate.
DATED: G
CITY OF: SAN LUIS OBISPO
BY:
Mayor Ron Dunin
BY:
City Berk Pam ges
rt:vw;i. rst
Aucu.[ ". PJ,"
BYIAWS
of the
CENTRAL COAST' CITIES SELF INSURANCE? FUND
MLh:.
Pursu ;:nt to th;,t ccrt ;;in ; ,rec:nlent entitled "Joint .Exercise_ of Powcrs A,reenlent for
rile Ccntr,d Cn:ai Cities Self Insumncc Fund" dated January 2, 1990 1 alld
effc:rtr. ;. January 2, 1990 these Bylaws }i Eve been adopted for [he
rcu,u!:::icln oI Said :V, :liluric%..
•1 R "PICLE: I
DI:I�I�PCLO \S
I hC t;'l lus Ill then. l3%-! ;:Ws s!1 ;III I)e is dehned in. the Agreement crCatln, the Cetl'r;:!
Coast Cities Self INSLI ance Fund unless otherwise specified herein.
:1 I -ICLE _11
OFFICES
The principal executive ot'lice for the transaction of business of the Authorit% is
!lcreby feed and located at:
Cite of San Luis Obispo
c/o Finance Director
P.O. Box 5100
San Luis Obispo, CA 93.303 -81UO
The Board shall have the authority to change the location of the principal executive,
office. from time -to -time. Any such change shall be noted in the Bylaws, and this
section shall be amended to state the new location. Official notice shall comph with
Section 53051 of the California Government Code.
- 1 *1141�n r').rS1.; .
AwrTCT T-
11EE-FINGS
In addition to ;I rc:urlired annuad meeting as called for in the Joint Exercise of
Powers ,,crec:mcw, the Board shall sleet on an as needed hasis as determined by
the Eint:rd.
Oltici;+l minutes of the Bo;rrd me cling shall.hc kept by the Authority at its principal
zccu:ive office.
ARTICLE IV
I:LE:CI'EO� OF AND VICE•: PRFSIDFNT
The Board of Directors shull elect the President and Vice President from among the
Board nicmhcrs. Election of President and Vice President and conditions of office
;:re ;a follu�c >:
I. A nei111in;ltin, conttnittee shall !). appointed b\ the President to
rei:olnmend a. sl;Ite of ol.11cers. In addition. ;illy Board member may .noniin::ic
another Board nlenihcr for ;In office:
1 Each Board incmhcr shall cast one vote for the candidate of his her
choice for each office.
=. .-all terms of office shall be for one. year. The officers shall begin
servin_ terms at the heeinnin,g of the calendar year immediately followin, the
election. The terms of office shall end on December 31 of each vear.
4. Elections shall he held whenever there is an office vacancy..
>. President and Vice President shall hold their positions as individuals
and not merely as a representative of a Member Agency.
ARTICLE V
DUTIES OF OFFICERS
PRESIDENT. The duties of the President shall be:
1. to.,preside at all meetings of the Board of Directors and the Executi.c
Colllnllttee.
?. to si,n contmcts on hchall. of the Joint Powers Atjihoiity.
'11`. /su; }v.l's1.2
0'
;. to enter into insurance agreements on hehalf of the Joint Powers
Authority within the pammeters as granted fro the Board.
to .ptcpare the meeting avenclas.
?.
to direct thc Progr ;url Administrator
facilit:iie anti ensur the I) ref>ar;lti)II of Plinutes of tilt: nleciin,,_s
rrUUr�d.
io h::rlklrnl such other duties as the Hoard inay specify.
VICE Pf:ESIDEN' I" The duties of the Vice President shall be to act as, the
President in the ;ih >ence of the Presidcnt and to perform such other duties as the
f7o;:Ju aiaC" s;1eCl;'.'.
:TAP 1:;'Ifli ASU'FR. ho.: duties of the Sccrettrn;'Treasurc:r shall he:
I. iU !l;r'.� CUtiOi! \' anCi
1l1iW11erl:InCe of {he Atlthoritv's records and
UUCtlii!C:li�.
.. �. - il1 rnainialll 1111 atiCOU'nllrl�_ arid other fiminclal records In accordance
%C'llfl ;ilCeplcd financial accountine practices.
to file ;ill financial reports required of the Authority'.
Y. to pei oriil the functions of controHer and to have the duties specified
in Section 6� O0 .5 of the Government Code.
�. to make payments pursuant to previously authorized contracts v.-hich
arc Within hudcet limits.
6. to collect and process all Conflict of Interest statements and records in
compliance with State requirements.
The SecretanvTreasurer shall furnish a fidelity bond in a minimum amount of One
Hundred Thousand Dollars (SIOO,Of)O) conditioned upon the performance of the
duties herein prescrihed. 71e an)OUnt of the bond shall he determined from
tinge -io -tinge by the Board. Anv premiuni.s for such bond shall he a proper char,-,e
a,;+inst the Authorii%
1
ARTICLE C_LE VI
C01 MITTEES AND DUTIES
EE. \1=,CU'1 IVE COMMITTEE. The Executive. Committee shall be comprised of tilt:
f'rcSicicnt• :�ICe President, immediate Past President and Secretary/Treasurer. The
Sccrct:: -N-./ I rcasurcr shall he a non - voting member. The Executive Committee shall
oycrscc the day -u) day management of the Authority. For purposes of conducting
Sur'n business. the l:\ecutivc Committee has Po,vers as may be Provided for by the
'1 -'ne i.;\ccutiVC Com;rtittee sh:+ll Proyidc reports to the Board as required.
CONINil'l -I'L Fach niefilhcr city shall IPPOint a representative to the
rits S:ltcty Committee cchich shall meet regularly to Plan. coordinate and
y•
mnlcnien:.prt >' -; :m> In >irUnlenl;lI in reducin, loss.
\RTIC:LE_1'I1
I�[�I1GE'I'
liic : \arbor i:y >ha!! annualh adopt an operatin,.* budget Pursuant to Article X1;1 of
t;tc Ji. :nt E\ercisc of Po�ecrs , '\grecn)cnt. which shall include a separate budget for
preliminary budget shall be, submitted to all members no later
\Prii 1 of each year, and a final budget shall he completed no later than
J, :..Ic � of e:1C;7 fear.
T;•,e huduet shall Provide for:
Rc%enuc
Administrative Expenses
Incurred Losses
Insurance Expense
L<)ss Control Program Expense
ARTICLE VIII ,
DISBURSEMENT AND MANAGENIENT OF FUNDS
of funds of the Authorit) shall he in accordance'
The disbursement and management
with the follo«in!,:
1, The Trc asurer's Office shall have sole authority to withdraw tunds front
the Loet l t\gencics lnye tment Fund (LAIF) in accordance with Peilicy and
procedures adopted by the city'in which rile Joint Prn.'er> Agr.ncv funds.ar�
mana,�cei.
2 The Treasurer shall have authority to transfer funds from reserves to
Offset budget overruns of' other hudoet line items.
3. Authority mmw he granted to the Claims Administrators to issue
«:rrr:rnts from a trust account in i+nutunts so specified. by the Board for
purnoscs of claims administration ter settlement.
INVESTMENT OF FUNDS
The Trc:uurcr sh: ll invest surplus Rinds from each Protzmrn in iccordance with the
Inv s;:ncn: Polic\ adopted by thc_- l3nard of Directors.
T'hc Treasurer shall suhmit to the. Board, of Directors no less than annually, a report
of investments. The report shall include, tuft not be limited to. a list of investment
cirmi risin :the ;;u imritc s portfolio: mltc:s of interest, and annual yield on
imcstr;ct:ts.
OF CLAIMS
etch member of a TroLram shall ,rant to rile Pro(-,mm's Claims Administrator
discrctionary settlement authority in an amount determined by the Member ARenc%.
All settlements, in excess of the settlement authorits_• of the Claims Administrator .
shall require approval from each - Member Agency in accordance with the provisions
of the entity's i.lunicipal Code or procedure.
ARTICLE XI
LIABILITY PROGRAM
1. PROGRAM STRUCTURE. The Auto and General Liabilitv Proeram shall
consist of a deductible, a self - insured retention layer (pool).- and purchased excess
insurance in an amount determined annually by the Board of Directors. Each
Member ACencv shall determine the amount of their deductihle. biit in no case ma%
it be less than S 1,000 for each occurrence insured at!:tinst.
?. COVFRAGI=. Pic. covcr(-,r provided in all layers of the program shall he
the same as that of th.c covcmLc pri\,idcd in the excess insuY;iiIcc 1i0licy
PLAN FUNDING. The Liability Program shall be funded annually by each
Mcnther Agency contributing a Deposit based on funding formulas established by
I he Board of Directors. There shall be three cost components that are funded by
the Deposit. They are: (1) the loss reserve fund, (2) the excess insurance premium.
and (3) administrative costs. The Deposit shall be sufficient to cover the Budget for
each ProL:mm Yc:::r of the Program.
RETAINED RISK. For coverage provided, the Authority is responsible for
erne;;: of risks in the self- insured retention layer (pool) over and above the
dcducilb1c applic;rhle-to the IMc;mbc:r Agency.
DEDUCTIBLE RECOVERY. Each Member Agency is responsible for a
deciu�:tiNc under the Program for losses that occur. Loss is defined as paid claims.
djus,in, costs. turd le,al expense. Repayment is made to the Authority for the
deductihle after the claim is paid by the Authority. When a claim is paid and
closed. o, [mynicnt on an open claim reaches S1000, the Claims Administrator shall
mill e;:ch Member Agency. P�ivntents slmll he made to the Authority's Treasurer.
h. REFUND PLAN. A Memhtr Auen& in the Program three complete fiscal
rcflectin_ ;: nositivr ' Fund Balance" may be eligible for a percentage refund of
tiicir "Fund Balance" if such a refund is declared by the Board cif Directors.
In thc: Refund Plan calculation. the "Fund Balance" represents the amount of funds
rern:;inin in a Member Aucncv's account after allowing for reserves. an IBNR
(Incurred But Not Reported) reserve, and inflation factors.
ARTICLE \1I
WORKERS! COb1PENSATION. PROGRAM
1. PROGRAIM STRUCTURE. The workers' Compensation Program shall
consist of a self - insured retention layer (pool), and purchased excess insurance in an
amount determined annually by the Board of Directors.
2. COVERAGE. The coverage provided shall he those statutory Workers'
Compensation benefits prescribed by California State law, and for Employers
Li.rhilih -
3. PLAN .FUNDING. The Workers' Compensation Program shall he funded
annually t;% each Mcnibc:r contributing a Deposit based on funding formulas
rst:+h!ishrd h - the Board of Directors. There shall he three cost components funded
K
by the Deposit. The components are: (1) the loss reserve fund, (2) the excess
insurance premium, and (3) administrative costs. The Deposit shall be sufficient to
cover the Budget for each Program Year of the Program.
I. RETAINED RISK. The Authority is responsible for coverage of those State
mand;!tc.d Workers' Compensation and Employers Liability benefits in the
self - insured retention layer (pool) of the Program.
1\' FFUND PLAN. A iNlcinher Agency in the Program three complete fiscal
vcars, reflecting a positive. "FU nd Balance" may be eligible for a percentage refund of
;heir "Fund Balance" i1' such a refund is declared by the Board of Directors. The
"Fund Balance" represents the amount of funds remainin, in a Member Agency's
:!"'count after allowin« for reser-,,es, an IBNl: (Incurred But Not Reported) reserve.
and inflation factors.►
ART1.(J,1: \III
NEW MEMBERS
il% city Within th Counties of San Luis Obispo. Santa Barbara or Ventura may
:lnpiv for admission to the Joint Powers Authority for participation in any or all
1'ro_rr ins. The Bo: rd of Directors, shall vote on the citv's application for admissioni
:!Jtc_r cvaluatin, past loss experience, financial status, other risk management
considerations, and compatibility with the ohjecti,.es of the Authority.
A two- thirds majority vote of the Member Agencies participating_ in a Program shall
be required for admission to the Program subject to ratification by two- thirds
majority vote of thc: entire Board of Directors of the Authority.
ARTICLE \IV
AMENDMENTS
These Bylaws may be amended by a majority of the Board provided that any
:amendment is compatible with the purposes of the Authority, is not in conflict with
the Aurc:cment and has been suhiitittc:d to the Board at least 30 days in advance.
Any such amendment shall be effective immediately, unless other vise designated.