HomeMy WebLinkAbout8207-8224RESOLUTION NO. 8224 (1993 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS
AND STATE TRANSIT ASSISTANCE FUNDS.
WHEREAS, the San Luis Obispo Council of Governments ( "SLOCOG ") has
allocated $995,263 of Transportation Development Act subventions to the City of San Luis
Obispo ( "the City ") for approved transportation programs and projects; and
WHEREAS, to receive this money, the City must file a claim with SLOCOG to
receive this money;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Luis Obispo as follows:
to approve the Annual Claim for Local Transportation Funds and State Transit.
Assistance Funds
2. to authorize the Transit Manager to execute the claim documents
3. to direct the City Clerk to forward one executed copy of the claim and one
certified copy of this resolution to:
San Luis Obispo Council of Governments
1150 Osos Street, Suite 202
San Luis Obispo, CA 93401
Upon motion of Council Member Romero seconded by Council Member Roalman,
and on the following roll call vote:
AYES: Council Members Romero, Roalman, Rappa, Settle and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was adopted this 5th day of
ATTEST:
�I /J W23h
October
1993.
101y MRS �� �M
a. wlffti. ' 1.8
APPROVED AS TO FORM:
v c
R 8224
��� �
��,���' �,,�� k �`�
�� �ceN
/ J }� ,��
r��V
J
.v .. .... ',... !
�:: .
.. � 1:�
RE.,-_ .UTION NO. 8223 (1993. 011� IES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING ADOPTION OF ZERO TOLERANCE
OF GANG ACTIVITIES
Be it resolved by the Council of the City of San Luis Obispo as follows:
WHEREAS, the City of San Luis Obispo is committed. to maintaining a safe community
for its residents and visitors; and
WHEREAS, the community seeks to encourage positive lifestyle choices for its youth;
and
WHEREAS, the City Council, along with the community, Public Safety staff, and
community service and youth organizations, will not tolerate gang activity, particularly senseless
acts of violence; and
WHEREAS, the City Council has committed scarce resources to D.A.R.E.,
Neighborhood Watch, Graffiti Removal, and other Police Department programs to deter gang
activity; and
WHEREAS, recent gang violence has re- emphasized the continuing need for community-
initiated, grass roots efforts such as Neighborhood Watch and aggressive enforcement action to
deter gang activity; and
WHEREAS, quick action by concerned community members and Public Safety staff have
resulted in the prompt arrest of suspects in these recent incidents, and
WHEREAS, quick action by concerned community members and Public Safety staff is
essential to send a clear message that acts of violence will not be tolerated; and
WHEREAS, all the San Luis Obispo County law enforcement agencies have joined in the
fight to take prompt and professional action in apprehending criminal suspects;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo does fully recognize and commend the community and its Police Department for their
continuing effort to deter and prompt action to further diminish gang violence.
AND, BE IT FURTHER RESOLVED, that the City Council does hereby declare the City
of San Luis Obispo a zero tolerance zone —gang violence will not be abided.
PASSED AND ADOPTED this 21st day of September , 1993,
by the following vote:
AYES: Council Members Romero, Rappa, Roalman, Settle, and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 21st day of September 1993.
!� •'
ATTEST:
R -8223
RESOLUTION NO. 8222 (1993 SERIES)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
ADJUSTING RATES FOR SOLID WASTE COLLECTION AND DISPOSAL
EFFECTIVE OCTOBER 1, 1993
AND SUPERSEDING RESOLUTION NO. 7021
WHEREAS, on January 19, 1993 the San Luis Obispo County Board
of Supervisors approved a 14.5% increase in landfill tipping fees;
and
WHEREAS, it is necessary to pass through this cost increase to
City solid waste disposal rates; and
WHEREAS, in compliance with the City Municipal Code Section
8.04.070 all developed properties in the City must use the City's
solid waste collection and disposal service; and
WHEREAS, use of the City solid waste collection and disposal
service is indicated and tracked by regular payment of a bill for
service.
THEREFORE, BE IT RESOLVED by the San Luis Obispo City Council .
as follows:
1. Effective October 1, 1993 the rates for solid waste
collection and disposal shall be those listed on the attached rate
schedule dated October 1, 1993 and incorporated here by reference.
These rates shall be applied to all service bills issued after
October 1, 1993.
2. Effective January 1, 1994 customers participating in the
Orange Bag service shall be billed a base fee of $2.00 per month.
3. Upon passage, this resolution shall supersede Resolution
No. 7021 (1991 Series).
4. The City clerk shall furnish copies of this resolution, as
executed, to _the Finance department, Utilities department and San
Luis Garbage Company.
On motion of Romero seconded by Rappa ,
and on the following roll call vote:
AYES: Council Members Romero, Rappa, and Settle
NOES: Council Member Roalman and Mayor Pinard
ABSENT: None
R -8222.
Resolution No. 8222 (1993 Series)
Page 2
The foregoing resolution was passed and adopted this 21st day of
September , 1993.
Mayor Pf# Pinard
Attest:
rw40-Q&I =-IA
c
I/
C C
CITY OF SAN LUIS OBISPO
RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL
10/1/93
MULTI -UNIT RESIDENTIAL DUMPSTER CONTAINERS (PER MONTH)
size of
container
(cubic yards)
COLLECTIONS PER WEEK
1
2
3
4
5
6
7
1
$53.00
$78.00
$94.00
$130.00
$163.00
$183.00
$235.00
1.5
61.00
89.00
112.00
148.00
176.00
192.00
271.00
2
70.00
100.00
130.00
163.00
190.00
203.00
309.00
3
87.00
123.00
169.00
217.00
283.00
305.00
411.00
4
104.00
157.00
222.00
302.00
377.00
408.00
509.00
6
142.00
218.00
305.00
452.00
521.00
575.00
679.00
8
183.00
269.00
408.00
603.00
752.00
814.00
919.00
The rates stated above for dumpster containers shall include the monthly container rental fee.
COMMERCIAL GARBAGE CANS (PER MONTH)
number
of
cans
COLLECTIONS PER WEEK
1
2
3
4
5
6
7
1
$11.00
$19.00
$27.00
$31.00
$33.00
$36.00
$41.00
2
13.00
27.00
36.00
40.00
43.00
47.00
55.00
3
18.00
33.00
45.00
48.00
52.00
55.00
65.00
4
21.00
38.00
53.00
57.00
62.00
67.00
79.00
5
25.00
43.00
60.00
66.00
73.00
79.00
94.00
6
28.00
48.00
67.00
75.00
84.00
93.00
108.00
7
32.00
55.00
74.00
86.00
96.00
104.00
123.00
8
35.00
60.00
62.00
94.00
106.00
118.00
137.00
9
39.00
65.00
89.00
102.00
116.00
129.00
153.00
10
42.00
70.00
97.00
113.00
128.00
142.00
167.00
Maximum volume and weight per garbage can: 35 gallons and 80 pounds
Additional charge per can per collection: $3.00
V
Rate Schedule for Solid Waste Collection and Disposal - .10/1/93
Page 2
COMMERCIAL WASTE WHEELER CONTAINERS (PER MONTH)
number
Of
containers
COLLECTIONS PER WEEK
1
2
3
4
5
6
7
1
$19.00
$27.00
$33.00
$45.00
$56.00
$63.00
$82.00
2
36.00
54.00
65.00
90.00
113.00
127.00
163.00
3
42.00
61.00
78.00
101.00
123.00
134.00
188.00
4
48.00
69.00
90.00
113.00
131 M
141.00
214.00
5
55.00
76.00
103.00
131.00
164.00
176.00
249.00
6
60.00
86.00
118.00
151.00
196.00
212.00
284.00
7
66.00
96.00
135.00
181.00
229.00
248.00
318.00
8
73.00
108.00
154.00
209.00
262.00
283.00
352.00
9
79.00
118.00
168.00
235.00
286.00
311.00
424.00
10
86.00
129.00
183.00
262.00
312.00
339.00
494.00
11
93.00
140.00
197.00
287.00
336.00
369.00
565.00
12
99.00
151.00
212.00
313.00
361.00
398.001
637.00
In addition to the collection rates stated above for waste wheeler containers, there shall be charged a
monthly rental fee for each container.
COMMERCIAL DUMPSTER CONTAINERS (PER MONTH)
size of
container
(cubic yards)
COLLECTIONS PER WEEK
1
2
3
4
5
6
7
1
$39.00
$59.00
$70.00
$97.00
$123.00
$137.00
$176.00
1.5
46.00
67.00
84.00
109.00
133.00
144.00
203.00
2
53.00
74.00
97.00
122.00
142.00
153.00
231.00
3
65.00
93.00
128.00
163.00
212.00
229.00
306.00
4
79.00
118.00
167.00
226.00
283.00
305.00
383.00
6
107.00
163.00
229.00
338.00
391.00
431.00
509.00
8
137.00
202.00
305.00
452.00
565.00
611.00
689.00
The rates stated above for dumpster containers shall include the monthly container rental fee.
CI
Rate Schedule for Solid Waste Collection and Disposal - 10/1 /93
Page 3
n
U
UNSCHEDULED EXTRA COLLECTIONS FOR
COMMERCIAL CUSTOMERS AND
MULTI -UNIT RESIDENTIAL DUMPSTER CUSTOMERS
$13.00 1 cubic yard (minimum charge)
$17.00 2 cubic yards
$25.00 3 cubic yards
$34.00 4 cubic yards
SINGLE FAMILY and MULTI -UNIT RESIDENTIAL
VOLUME -BASED RATES
ECONOMY RATE
$1.00 per special 33- gallon bag distributed by San Luis Garbage Company
(Payable when bags are issued)
STANDARD RATE
$13.40 per month for one wastewheeler container collected once each week
PREMIUM RATE
$18.25 per month for up to one cubic yard (six standard garbage cans) collected once each week
Maximum volume and weight per garbage can: 35 gallons and 80 pounds
SERVICE AWAY FROM THE STREET CURB
$4.00 additional per month per can or container
EXTRA COLLECTIONS ON REGULAR COLLECTION DAY WITH GARBAGE TRUCK
$1.50 per standard garbage can or equivalent volume
(Not available for economy service customers)
LATE MAKEUP COLLECTIONS WITH GARBAGE TRUCK (phone call required)
$5.00 per trip plus $1.50 per extra garbage can or equivalent volume
(Not available for economy service customers)
Rate Schedule for Solid Waste Collection and Disposal -10/1 /93
Page 4
EXTRA COLLECTIONS WITH PICKUP OR FLATBED TRUCK (phone call required)
$11.00 per trip plus:
$1.50 per garbage can or equivalent volume (amounts over six cans by quotation)
$10.00 per appliance
$3.00 per piece of furniture
$1.50 per mattress or boxspring
(Economy service customers must pay in advance.)
{
t .�
('ti1 v
�� ��� T �RL��, �,� � �
���� �
RESOLUTION NO. 8221 (1993 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
AMENDING THE EDNA -ISLAY SPECIFIC PLAN LAND USE MAP
CHANGING THE DESIGNATION OF PROPERTY AT 4058 BROAD STREET
FROM NEIGHBORHOOD COMMERCIAL TO
SERVICE-COMMERCIAL/LIGHT-INDUSTRIAL
WHEREAS, the Planning Commission and the City Council have held public hearings
on the proposed amendment in accordance with the California Government Code; and
WHEREAS, the potential environmental impacts of the amendment have been evaluated
in accordance with the California Environmental Quality Act and the City's Environmental
Guidelines;
NOW, THEREFORE, the Council resolves as follows:
SECTION 1. Findin . The amendment maintains specific plan and general plan internal
consistency and promotes the public health, safety and welfare.
SECTION 2.. Environmental Determination. An initial environmental study concludes
that, with mitigation, the project will not have any significant adverse impacts on the
environment (ER 51 -93). The Council hereby approves a mitigated negative declaration.
SECTION 3. Adoption. The Edna -Islay Specific Plan land use map is hereby amended
as shown on the attached Exhibit A. The Community Development Director shall cause the
change to be reflected in the documents published by the City.
R -8221
Resolution No.8221(1993 Series)
Specific Plan Amendment - SP 51 -93
Page 2
On motion of Roalman , seconded by Settle
and on the following roll call vote:
Ayes: Council Members Roalman,
Noes: None
Absent: None
Settle, Rappa, Romero, and Mayor Pinard
the foregoing resolution was passed and.adopted this 21st day of September , 1993.
Mayor eg Pinard
ATTEST:
ffljff,�Te'�k iD -ianL R: G., .,L'Well
- APPROVED:
i y At orne
city Of J EXHIBIT A
mw san Luis oBispo
EDNA -ISLAY SPECIFIC
PLAN AMENDMENT SP 51 -92
CP93 -23
n
�� n1
�ru
RESOLUTION NO. 8220 (1993 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
AMENDING THE GENERAL PLAN LAND USE ELEMENT MAP
CHANGING THE DESIGNATION OF PORTIONS OF PROPERTY
AT 4058 BROAD STREET FROM LOW DENSITY RESIDENTIAL
TO SERVICE - COMMERCIAL /LIGHT - INDUSTRIAL
WHEREAS, the Planning Commission and the City Council have held public hearings
on the proposed amendment in accordance with the California Government Code; and
WHEREAS, the potential environmental impacts of the amendment have been evaluated
in accordance with the California Environmental Quality Act and the City's Environmental
Guidelines;
NOW, THEREFORE, the Council resolves as follows:
SECTION 1. Findin . The amendment maintains general plan internal consistency and
promotes the public health, safety and welfare.
SECTION 2. Environmental Determination. An initial environmental study concludes
that, with mitigation, the project will not have any significant adverse impacts on the
environment (ER 51 -93). The Council hereby approves a mitigated negative declaration.
SECTION 3. Adoption. The General Plan Land Use Element map is hereby amended
as shown on. the attached Exhibit A. The Community Development Director shall cause the
change to be reflected in the documents published by the City.
R -8220
Resolution No.8220 (1993 Series)
General Plan Amendment - GP 52 -93
Page 2
On motion of Roalman , seconded by Settle
and on the following roll call vote:
Ayes: Council Members Roalman, Settle, Rappa, Romero, and Mayor Pinard
Noes: None
Absent: None
the foregoing resolution was passed and adopted this 21st day of September , 1993.
Mayor eg Pinard
ATTEST:
�• r
IerkDiane ne dwell
APPROVED:
•i Att rney
city of -,
EXHIBIT A
san Luis oBIspo
GENERAL PLAN AMENDMENT GP 52 -93
FROM LOW DENSITY RESIDENTIAL
TO
SERVICE COMMERCIAL /LIGHT - INDUSTRIAL
CP93 -22
r
U\
0
INJI
u
I- Resolution No. 8219 (1993 Series
city of sAn luis oximspo
Resolution
of A PpRcciAtion
expres* the City s gratitude to Jim Stoddon for his
accomplishments, dedication and contributions to the citizens of
the City of San Luis Obispo.
Lawrence James Stockton, has been a steadfast employee with the
City of San Luis Obispo for over thirty-six years includirw seventeen years as the Director of the
San Luis Obispo Recreation Department, and
WHEREAS, Tim has been essential in securing over $3.5 million in grants from
the United States Government and the State of California through a competitive application
process for the acquisition; development restoration and rehabilitation of parkland, recreation
facilities, playgrounds and open space, and
WHEREAS, during his tenure as director he has been instrumental in adding over
fifteen parks, recreation or joint use facilities to the holdings of the City of San Luis Obispo; and
WJ EREA$ he has compassionately guided the restoration and preservation of
the Jack House and Gardens; and
WHEREAS, with foresight to the needs of this community Jun has with dedication
channeled citizen enthusiasm to develop the Sinsheimer Park sports complex consisting of the
Swim Center, Baseball Stadium, Tennis Courts, jogging trails and a multitude of recreational
.amenities; and
WHEREAS, he has, hampioned the development and operation of recreation
Opportunities improving the quality of life in this community for innumerable tots, children,
teens, adults and seniors for participation as individuals and as families; and
WHEREAS, his guidance has been available to Parks and Recreation
Commissioners, Jack House and Joint Use Committee members at over 1000 meetings; and
97IEREAS, his culinary talents with an expertise in barbecues have been
generously lavished on program participants and City officials throughout his reign.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Luis Obispo does hereby express its appreciation and gratitude to Tun Stockton for his
numerous contributions to the citizens of this community, and wish him a blessed and well
deserved retirement
On motion of Settle , seconded by Romero and on the
following roll call vote:
AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor
NOES: None Pinard
ABSENT. • None
the foregoing resolution was passed and adopted this 21st day o September, 1993
STED B : Maor ee Pinard Q. A5Jq
RESOLUTION NO. 8218 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE DEFERRAL OF PARK -IN -LIEU AND WATER ACREAGE
FEES FOR VILLA ROSA (TRACT 2066), AT 843 MUTSUHITO AVENUE
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Finding. That this council, after
consideration of the staff report and the applicants' statements,
makes the following finding:
1. Allowing payment of park -in -lieu and water acreage fees.on
an incremental basis meets the intent of condition 10 of
Resolution 7031 (1991 series) and consequently, of the
development agreement for Tract 2066.
SECTION 2. Action. Staff is hereby authorized to accept
incremental payments of park -in -lieu and water acreage fees; for
the Villa Rosa project (Tract 2066), with the issuance of building
permits for each phase of development, subject to the following
condition:
1. Fees will be increased by the percent change in the
Consumer Price Index (all urban consumers: Los Angeles,
Anaheim, Riverside area) from September of 1993 through the
most recent month for which this information is available .
at the time of building permit issuance.
R -8218
Resolution No. 8218 (1993 series)
Villa Rosa fee deferral
843 Mutsuhito Street
Page 2
On motion Of Council Member Roalman
seconded by Mayor Pinard and on the following roll call
vote:
AYES: Council Member Roalman, Mayor Pinard, Council Member Romero
NOES: Council Members Rappa and Settle
ABSENT: None
the foregoing resolution was passed and adopted this 21st day
of September , 1993.
ATTEST:
1 y Clerk Dian Gladwell
APPROVED:
'U al
RESOLUTION NO.8217 (1993 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO 1360 (UNIT 3)
(Mid -Coast Land Co., Subdivider)
WHEREAS, the City Council made certain findings concerning Tract
1360 contained in Resolution No. 6484 (1988 Series), and
WHEREAS, The subdivider has paid $ 16,000 to the City for design of
the future Community Building as set forth in the phasing plan for E. A.
French Park, referenced in Condition 13 of the said resolution, and
WHEREAS, all other conditions required per Resolution No. 6484 (1988
Series) for Tract No. 1360 (Unit 3) have been met and /or are guaranteed
under a Subdivision Agreement and bonds for Faithful Performance and
Labor & Materials.
NOW THEREFORE BE IT RESOLVED that final map approval is hereby
granted for Tract No. 1360 (Unit 3) and the Mayor is hereby authorized to
execute the Subdivision Agreement. The City is responsible for the
design of the future E. A. French Park Community Building.
On motion of
Roalman
, seconded by Settle and
on the following roll call vote:
AYES: Council Members Roalman, Settle, Rappa, Romero, and Mayor Pinard
NOES: None
ABSENT: None
R -8217
Resolution No. 8217 (1993 Series)
Page Two.
the foregoing Resolution was passed and adopted this 21st day of
Sept. , 1993.
MAYOR feg Pinard
ATTEST:
CIT CLERK Diane Gladwell
APPROVED AS TO FORM:
(tileeAttorn y
G : \WP51 \DReview \Misc \T1360(3).FM
a
STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of So b6- by and
between Mid -Coast Land Co., Inc. herein referred to as
"Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to
as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision
of real property in the City of San Luis Obispo, County of San Luis
Obispo, State
of California,
a description of
which is
shown on the
final map of
Tract 1360 (Unit
III), City
of San
Luis Obispo,
California, as approved by the City Council on the day of
19
The Subdivider desires that said Tract 1360 (Unit III) be
accepted and approved as a final map pursuant to the Subdivision
Regulations of the City of San Luis Obispo (Title 17 of the San
Luis Obispo Municipal Cod),and
It is a condition of said regulations that the Subdivider agree
to install the improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby
agree to construct and install the following subdivision
improvements in accordance with said subdivision regulations, and
in accordance with approved plans and specifications on file in the
office of the City Engineer, City of San Luis Obispo, to wit:
1
•'� � 1, ��
1.' CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the
property line and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to
the inspection and approval of such facilities by the City,
each public utility shall be required to file a letter stating
that the developer has properly installed all facilities to be
provided by him, and that the said utility is prepared to
provide service to residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations
designated and to the plans and specifications on file and approved
by said.City Engineer.
The lines and grades for all of said improvements shall be
established by or under the direction of the Subdivider's Engineer
of Record in accordance with said approved plans and
specifications, who shall update plans during construction and
provide "as- built° or record plans to the City at the end of
construction, prior to release of bond or acceptance of the
improvements. The Subdivider agrees to include the cost of this
work in the contract for the design work with the project engineer,
and shall advise the Engineer of Record when construction begins.
The Subdivider agrees to inform the City in writing vithin ten
(10) days of any reassignment of engineering responsibilities.
Said notice shall include letters of concurrence from both the
E
Engineer of Record releasing responsibility and of the new engineer
accepting responsibility.
The Subdivider agrees that the work of installing the above .
improvements shall begin within thirty (30) days from the date of
recording of the final map, and that the work shall be completed
within eighteen (18) months of said recording date, unless an
extension has been granted by the City, provided that if completion
of said work is delayed by acts of God or labor disputes resulting
in strike action, the Subdivider shall have an additional period of
time equivalent to such period of delay in which to complete such
work. Any extension of time hereunder shall not operate to release
the surety on the Improvement Security filed pursuant to this
agreement. In this connection, the surety waives the provisions of
Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after
the expiration date of the agreement until completion and
acceptance of all public improvements unless specifically approved
by the City.
The Subdivider does also agree to comply with the conditions,
established by the Planning Commission and /or the City Council and
has paid the necessary fees as indicated on the attached Exhibits
1 and 2.
The restoration of lost section corners and retracement of
section lines within the Subdivision shall be in accordance with
Article 5, paragraph 8771 et seq., of the Professional Land
0
L'
Surveyors Act, Chapter 15 of the Business and Professions Code of
the State of California.
The Subdivider attaches hereto, as an integral part hereof, and
as security for the performance of this agreement, an instrument of
credit or bond approved by and in favor of the City of San Luis
Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of
$490,000.00, which is the amount of the estimated. cost of said
improvements. Subdivider agrees to remedy any defects in the
improvements arising from faulty workmanship or materials or
defective construction of said improvements occurring within twelve
(12) months after acceptance thereof. In accordance with Sections
66499.7 and 66499.9 of the Government Code of the State of
California, upon final completion and acceptance of the work, City
will release all but 10% of the improvement security, that amount
being deemed sufficient to guarantee faithful performance by the
Subdivider of his obligation to remedy any defects in the
improvements arising within a period of one year following the
completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the
date which the City Council shall, by resolution duly passed and
adopted, accept said improvements according to said plans and
specifications, and any approved modifications thereto. Neither
periodic nor progress inspections or approvals shall bind the City
to accept said improvements or waive any defects in the same or any
breach of this agreement.
4
a
If the Subdivider fails to complete the work within the
prescribed time, the Subdivider agrees that City may, at its
option, declare the instrument of credit or bond which has been
posted by Subdivider to guarantee faithful performance, forfeited
and utilize the proceeds to complete said improvements, or city may
complete said improvements and recover the full cost and expense
thereof from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and
materials bond in the amount of 50% of the above described
subdivision.improvements in accordance with State law.
Said Subdivider has paid the sum of $11,670.00, from which the
City will pay the salary and.expenses of an inspector or inspectors
to inspect the installation of said. subdivision improvements. Upon
completion of the work, the Subdivider shall submit written
certification that the work has been completed in accordance with
the plans and specifications and requests acceptance of the work by
the City.
The Subdivider shall provide and install all street name signs,
traffic control signs and striping per City and State regulations.
Title 16 of the San Luis Obispo Municipal Code, entitled
"Subdivision," all plans and specifications on file with said City
Engineer as a part of said Subdivision Map, and all other documents
filed with the City by the Subdivider and approved by the City
Engineer are hereby referred to for further particulars in
interpreting and defining the obligations of the Subdivider under
this agreement.
5
0
It is understood and agreed by and between the Subdivider and
the City hereto that this agreement shall bind the heirs,
executors, administrators, successors and assigns of the respective
Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the
successful bidder's contract unit prices and total bid prices for
all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
Mid -Coast Land'Company, Inc.
(Re4 2�� ,Secretary
MAYOR eg Pinard ame le
,, Exec.Vic.e Pres.
am & itle
ATTEST:
T CLERK biane Gladwell
APPROVED AS TO FORM:
,ditly Att _y _ _
hb4/C1360agr
by
NA
July 20, 1993
EXHIBIT 1
TRACT 1360 - UNIT III
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the
amount of $4,525.00 to cover the installation of survey
monuments in accordance with the approved map and payment for
same. Said guarantee will be released to the Subdivider upon
receipt by the City of a letter from the Engineer indicating
they have completed the work and have been paid.
2. The Subdivider shall inform lot buyers of the possibility of
building permit delay based on City's water shortage per
Condition 28 of Resolution No. 6484 (1988 Series).
3. Park -in -lieu fees are not required for Tract 1360 (Unit 3)
since a park was dedicated in Tract 1235, which also fulfilled
park dedication requirements for this tract.
4.. The development of the subdivision must be in accordance with
the Edna -Islay Specific Plan, per Condition 2 of Resolution No.
6484 (1988 Series).
5. Subdivider shall provide for payment of $750.00 to the City
through escrow for each dwelling unit as a park development
fee. These payments are payable prior to occupancy releases or
property transfers in lieu of filing liens as prescribed in
Condition 13 of Resolution No. 6484 (1988 Series). Terms and
conditions of escrow to be in a form and content satisfactory
to the City Attorney.
6. water acreage and sewer lift station fees were paid per
Condition 15 of Resolution No. 6484 (1988 Series) as noted in
Exhibit 2.
7. Subdivider shall improve with erosion protection an all- weather
access road and noise barrier zone adjacent to the railroad
right -of -way, and make provisions for the Homeowner's
Association to maintain it upon final approval by City.
8. The Subdivider has paid for design of restroom and community
building for park improvements for E.A. French Park per the
approved phasing plan for Park Phase 5 (Tract 1360 - Phase
III). ($11,400.00 x 149.5/121.7 = $14,000 updated per CPI.)
Payment of this relieves the Subdivider of any further
responsibility for this building design.
7
EXHIBIT 2
TRACT 1360 — PHASE III
FEE AND BOND LIST
Bonds & Guarantee
PRIOR TO FINAL MAP: $ 53,713.78
Future Fees•
L Park Development: Fee* $ 750.00 per lot
'To be paid prior'to building permit fmal or through escrow of each lot.
(See Item 5, Exhibit 1)
"(See Exhibit 1, Item 10)
8
Amount
Form of Sur etv
Received
L Faithful Performance
$490,000.00
Dico Bond #1297725
Recd 9/1/93
2. Labor & Materials
$245,000.00
Dico Bond #1297725
Reed 9/1/93
3. Monumentation Trust Guarantee
$ 4,525.00
C/D #66085 (MSB)
Recd 9/1/93
pees:
Account Number.
1. Map Check Fee
$ 3,217.00
100 -55- 210 -Ml
Paid 6/14/93
2. Plan Check Fee
$ 6,126.00
100 -55- 210 -462
Paid 6/14/93
& 7/7/93
3. Construction Inspection Fee
$ 11,66757
100 -55- 210 -462
Paid 7/28/93
$576 + 25% of $44,063
4. Sewer lift Station Fee
$ 4,38851
520 -70 -508 -696
Paid 9/1/93
5. Water Acreage Fee
$14,314.70
500 -70 -502 -624
Paid 9/8/93
6. Park -in -lieu fee (fulfilled with
NR
park dedication in Tract 1zM5)
7. Park building design fee"
$ 14,000.00
420 -55- 222 -522
Paid 9/1/93
PRIOR TO FINAL MAP: $ 53,713.78
Future Fees•
L Park Development: Fee* $ 750.00 per lot
'To be paid prior'to building permit fmal or through escrow of each lot.
(See Item 5, Exhibit 1)
"(See Exhibit 1, Item 10)
8
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No. 5193
State of 1? 19 % FO.GAJ r f
County of Swki ��sG�: s�oa
On u 19 94 IQF3 before me, 6- s,�� i�tN4 ,
DAT9 NAME. TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
- personally appeared T'� �OCCJ /EK
ti NAMES) OF SIGNER(S) +
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
OFFICIAL SEAL
TERRY SETTING
• ® NOTAR,, SLIC CALIFORNIA
$AN LUIS OBLSP0 COUNT
My Comm E -a +�
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
L.
rfhough the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
TITLE OR TYPE OF DOCUMENT,
® OPTIONAL SECTION �
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S)
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
[:]GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
r)1Q93 NATIONAI Nr1TARV ARRnCIATI()N - A93A RAmmwt Ave.. P.O. RnY 7184 - Cannna Park. CA 91309.7194
,y
W
C
W
S
W
J
0.
a
F
STATE OF CALIFORNIA
COUNTY OF LOS ANGET.F._S SS.
On AUGUST 26, 1993 before me. FRANCES E. MAGANA
PERSONALLY APPEARED CAROL ANN ROSENBLUM
personally known to me (or provided to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he /she /they executed
the same in his/her /their authorized capacity(ies), and that by his /her/
their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my h d and official seal.
�Signatur " A
ID 081 10192
Thi. area /or Offmal Notarial Sro1
6
I ;.; Po The-lnsco /Dico Group
BOND NO: 1297725
PREMIUM INCLUDED
IN PERFORMANCE BOND.
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, MID COAST LAND, INC. as Principal,
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
CITY OF SAN LUIS OBISPO
as Obligee, in the sum of TWO HUNDRED FORTY FIVE THOUSAND AND N01100
($245.000.00 * * * * * * * *) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and
successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the
CITY OF SAN LUIS OBISPO as Obligee for the improvements in the
subdivision designated as (Tract/ Parcel) Map No. as required
by the Government Code of California.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his
subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of
California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting
equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the
1 Surety.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at GLENDALE
California, this 26TH day of AUGUST 19 93
"PRINCIPAL"
MID COAST LAND, INC.
J
FORM ID112 REV. 9184
COMPANY r `
Attorney -in -Fact
17780 FITCH, #200
IRVINE, CA 92714
(4 (714) 263 -3300
GALIFVIiN1A ALL- PVRPVII: AVKNVWLr.UUMICPI I No. 5193
State of e� 'aL; tbowm
County of SAW I Qi s 66 ;spa
On Ali Al /993 455 before me, RA
,
DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC"
personally appeared �0��� Wl&e— ,
NAME(S) OF SIGNERS)
personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
the same in his /her /their authorized
=AVO L �2 "" capacity(.ies), and that by his /her /their
ETTIN - signature(s) on the instrument the person(s),
CALIFORNIA or the entity upon behalf of which the
po GOUNTy S AUg. 26. �99a person(s) acted, executed the instrument.
WITNESS my hand a nd official seal,
SIGNATURE NOT Y
ornoN ON
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
o OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though stable does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
❑ INDIVIDUAL
E] CORPORATE OFFICER(S)
-- 'TITLE(S)
PARTNER(S) ❑ LIMITED
GENERAL
E] ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A1001 NATir)mAI MnTARV AccnclATlnnl - A93A Rnmmat AVA.. P Q. Rn: 7194 - Canona Park- CA 91309 -7184
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
On AUGUST 26. 1993 before me, FRANCES E. MAGANA
PERSONALLY APPEARED CAROL ANN ROSENBLUM
w personally known to me (or provided to me on the basis of satisfactory
C
W evidence) to be the person(s) whose name(s) is /are subscribed to the
= within instrument and acknowledged to me that he /she /thev executed
'ty the same inhis/ her /their authorized capacity(ies), and that by his/her/
a their signature(s) on the instrument the person(s), or the entity upon
G behalf of which the person(s) acted, executed the instrument.
e
F WITNESS my hand and official seal.
Signatu !� uv
ID 081 10/92
t•t t.
.... .,c...nonoo: �ie�
E.
:..c;....ru., ..a
ATY
4444VVVVVVVVVrVVVV�VVVVV4JV
VV.J�V>
This arra far Official Notarial Seal
I
4ins' The Insco /Dico Group DW
BOND NO: 1297725
INITIALPREMIUM: $7,840.00/2YRS
SUBJECT TO RENEWAL.
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, MID COAST LAND, INC. as Principal,
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general.'surety business in the State of California as Surety, are held and firmly bound unto
CITY OF SAN LUIS OBISPO
as Obligee, in the sum of FOUR HUNDRED NINETY THOUSAND AND NO/ 100
($490. 000- 00 * * * * * * * *) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and
successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/ Parcel) Map No 1360 -3
entered into an agreement or agreements with said Obligee to complete the improvements specified in
said agreement or agreements.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or
agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice
to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at GLENDALE
California, this 26TH day of AUGUST 19 93
"PRINCIPAL"
MID COAST LAND, INC.
t �?
i�
r
2? FORM IDI I3 REV. 9/94
"S U
DEVE P RS INS ' NCE CO ANY ' .
BY: -
ZAROL -ANN RVEPLUM _ Attorney -in -Fact
R4}j 17780 FITCH,,9f20O
IRVINE, CA 92714
Q 952= (714) 263 -3300
'J)
POWER OF ATTORNEY OF
Ik.EMNITY COMPANY OF CALIFOk._.iA
AND DEVELOPERS INSURANCE COMPANY N2 131594
P.O. BOX 19725, IRVINE, CA 92713 • (714) 263 -3300
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red Ink.
4. This Power of Attorney should not be returned to the Attorney(s) -In -Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint ** *GARY R. PETERSON, E. E. CRISTIANO,
CAROL ANN ROSENBLUM, MARGARITA I. LOPEZ, FRANCES E. MAGANA, JOINTLY OR SEVERALLY * **
the true and lawful Attorney(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of
suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s) -In -Fact full
power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of
said corporations full power of substitution and revocation; and all of the acts of said Attorney(s) -In -Fact, pursuant to these presents, are hereby ratified and confirmed.
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bands, bonds on financial institutions, lease
bonds, insurance company qualifying bonds, self- insurer's bonds, fidelity bonds or ball bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby Is, authorized to execute Powers of Attorney,
qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis-
tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of
Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this 1st day of April, 1993.
INDEMNITY COMPANY OF CALIFORNIA
By V
Da a F. Vincenti, Jr. PAMr
President
O
ATTEST a OCt.4
1887 0
rropp���?a
Walter Crowell
Secretary
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
DEVELOPERS INSURANCE COMPANY
By V
Dan F. Vincenti, Jr.
President
ATTEST
By A�044ez
Walter Cowell
Secretary
S tNSUgq
ar�PGW 01?4 ' "'.
O ` MAR. 2T, �0 O
n 1078 i
On April 1, 1993, before me, Tiresa Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or provided to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same In his /her /their authorized
capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument.
WITNESS my hand and official seal.
Signature " V =_Lou �
..�. OFFICIAL SEAL
TIRESA TAAFUA
NOTARY PUBLIC - CALIFORNIA
• PRINCIPAL OFFICE IN
ORANGE COUNTY
My Comrtiasion Exp. Aug. 4, 1995 5
CERTIFICATE 0400-
The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth In the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 26TH day of AUGUST , 1993 .
INDEMNITY COMPANY OF CALIFORNIA JP ANt DEVELOPERS INSURANCE. COMPANY
O OA, 9�Nafl R9
^r /- / Lrr ��0e` °pPOR4�f o ,// 4.p°°pPOR4tti�
B �_ /�li� G, �J / z OCT. A T JL `* o n
iiii 11, l�V�/ -� MAR. 2T. o
By C. Fiebiger ' d ' IOC7
L. By ` L.C. Fiebiger Ie7e
Senior Vice President 'ji rrroa+ ��? Senior Vice President
I0-310 REV. 4/93
,>> ��
� ��
�� � ��7
J` � � G,
�� ��� ��
��� ��
��,
N
Recording requested by
and when recorded mail to:
City Clerk
City of San Luis Obispo
P. O. Box 8100
San Luis Obispo, CA 93403 -8100
RESOLUTION NO. 8216 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT MILL STREET, BETWEEN NIPOMO STREET
AND BROAD STREET, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE
PUBLIC STREET PURPOSES AND ORDERING -ITS ABANDONMENT, SUBJECT TO
RESERVATION OF PUBLIC UTILITY EASEMENTS AND OTHER CONDITIONS
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. In accordance with the public hearing duly held on
October 6, 1992, pursuant to Section 8300 et seq. of the
California Streets and Highways Code, this Council finds and
determines that Mill Street, between Nipomo Street and Broad
Street, as described and shown on the map marked Exhibit "A",
attached hereto and incorporated herein, is not necessary for
present or future public street purposes.
SECTION 2. This Council hereby orders the abandonment of said
right -of -way subject to:
A. Reservation of an easement for public utilities over the
entire 60 ft. wide right of way.
B. Reservation of easements for public sanitary sewer and
water mains and appurtenances thereto, drainage, emergency
access and public pedestrian and bicycle purposes, over the
abandoned right of way, as shown on the attached Exhibit "A ".
R -8216
Resolution No: 8216 (1993 Series)
Page Two.
C. Recordation of a 20 ft. wide common driveway easement
agreement which provides for common driveway access in
perpetuity to parcels formerly served by the right of way, to
the satisfaction of the Community Development Director.
D. Installation of standard frontage improvements (curb,
gutter, sidewalk and driveway ramp) along with necessary
drainage facilities along the Broad Street frontage, to the
satisfaction of the City Engineer.
E. Installation of public drainage, pedestrian and bikeway
improvements to the satisfaction of the Public Works and
Community Development Directors.
F. Recordation of lot line adjustment, via a Certificate of
Compliance, which combines all lots of record, to the
satisfaction of the Community Development Director.
G. Items C. through F. must be met by October 6, 1994 or this
resolution will expire and will be null and void. The easement
reservations may be modified by the City Engineer (upon a .
determination by the City Engineer that the full easement
reservation is not needed for various public easements and
public access) prior to recordation of this resolution, subject
to approval of plans and installation of such improvements that
would allow for such modifications.
SECTION 3. Upon notification by the City Engineer that the
conditions prescribed in Section 2 have been met, the City Clerk
n n
Resolution No.8216 (1993 Series)
Page Three
shall cause a certified copy of this Order of Abandonment, duly
attested under the seal of the City, to be recorded in the Office
of the Recorder of the County of San Luis Obispo.
SECTION 4. This resolution.supercedes Resolution No. 8076
(1992 Series).
On motion of Council Member Rapp a seconded by Mayor Pinard ,
and on the following roll call vote,
AYES: Council Member Rappa, Mayor Pinard, Council Member Romero
NOES: Council Members Roalman and Settle
ABSENT: None
the foregoing Resolution was passed and adopted this it day of
September , 1993.
MAYO eg Pinard
ATTEST:
T CLERK Diane R Gladwell
APPROVED AS TO FORM:
gitly Aittotney
G: ... \Mist \MilAbXT.wp
l
,
G�
/lToff Shy C °r.�tr
Tia.c}�. SZ 2
PEACH 57:
5 �
41
r�J00
I
� ,ELI' �O
p . i5
/d I - ir 11/1$
�/VW ( orner bt
s1k.3(0 %3Z/< 3!P
Legal Description of Mill Street Abandonment O
That certain portion of Mill Street right of way, 60 feet wide, between the
prolongation of the westerly line of Broad Street and a line described as
follows:
Beginning at the northwesterly corner of Block 36 of the Town of San Luis
Obispo as recorded in Bk. A of Maps at Page 168, recorded on May 1, 1878 inL
the Office of the San Luis Obispo Counmty Recorder; thence, northerly to
the most southerly corner of Tract 522, as recorded in Book 8 of Maps at
Page 60, in the office of the San Luis Obispo County Recorder.
Subject to reservation of the following easements:
1. The entire R/W for public utilities, sewer, water and drainage.
2. The NW'ly half of R/W for public pedestrian, bikeway and emergency
access purposes.
3. The NE'ly 195 ft. of the SE'ly 20 ft. of the NW'ly half of R/W for
common driveway purposes for Tract No. 522.
OA 4
CIVV of
IN
Saftno i san tuns 0131SPO
. �,�Ra,40 ,�'r: TO I�iPvtiJa 5T
��� ,
� ��,.
.� �� ,e,.
���� � ��
G
o
RESOLUTION N0.8215(1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A TWELVE -MONTH TIME EXTENSION FOR TENTATIVE
TRACT NO. 2077 AT 145 SOUTH STREET
WHEREAS, The subdivider requests a twelve -month time extension to complete
processing of the final map; and
WHEREAS, reasonable progress has been made toward filing of the final map; and
WHEREAS, the circumstances and findings of the original tract approval are
unchanged;
NOT THEREFORE, the City Council resolves as follows:
Section 1. That Tract 2077 is granted a twelve -month time extension, to October 29,
1994, subject to original tract map findings and conditions as specified in City Council
Resolution 7045 (1991 Series), attached.
On motion of Council Member-Settle
Council. Member Romero , and on the following roll call vote:
, seconded by
AYES:. Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 21 day of September , 1993.
R -8215
Resolution No8215(1993 Series)
Tract 2077
Page 2
APPROVED:
p7 M/0 S CA4
i Gfdwell
It n� u . _4. Q6�7 n ��Cc C C�t°�nCti✓ 1
it]rAttdmey < ✓ J
N
Mayor Peg Pinard
�a
%jX ��
RESOLUTION NO. 8214 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING PARTICIPATION IN THE
STATE /FEDERAL SURPLUS PROPERTY PROGRAM
WHEREAS, the California State Agency for Surplus Property has been tasked with
the responsibility for distributing surplus federal and state property to eligible organizations,
and
WHEREAS, the City of San Luis Obispo is an eligible organization and wants to
participate in this program in order to reduce its cost of operation.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the officials whose names, titles, and signatures are listed below are hereby
authorized as representatives of the City to acquire surplus property from the California
State Agency for Surplus Property under the terms and conditions listed in Exhibit A
attached
ai W -
John dprm, City Administrative Officer
William C. Statler, Director of Finance
Carolyn Do 'nguez, Accounting e na
On motion of settle , seconded by Romero
and on the following roll call vote:
AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard
NOES: None
ABSENT: None
R -8214
Resolution No. 8214 (1993 Series)
the foregoing Resolution was passed and adopted this 211
ATTEST:
,
is Gladwell, City Cl r
APPROVED:
hffiy 6. Jorg nsen, City Attorney
m
day of September , 1993.
• %' •
TERMS AND CONDITIONS
(A) THE DONEE CERTIFIES THAT-
nExhibi
(1) It is a public agency; ora nonprofit institution or organization, exempt from taxation under Section 501 of fhe Internal Revenue Code of 1954; within the
meaning of Section 2030) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Administrator of General
Services.
(2) If a public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given political area one or more
public purposes, or, if a nonprofit tax -exempt institution or organization, the property is needed for and, will be used by the recipient for educational or public
health purposes, including research for such purpose, or for programs for older individuals. The property is not being acquired for any other use or purpose, or for
sale or other distribution; or for permanent use outside the.state, except with prior approval of the state agency.
(3) Funds are available to pay all costs and charges incident to donation.
(4) This transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued under Title VI ofthe Civil
Rights Act of 1964, Title VI, Section 606, of the Federal Propert y and Administrative Services Act of 1949; as amended, Section 504 of the Rehabilitation Act of
1973, as amended, Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975.
(B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:
(1) All items of property shall be placed in use for the purpose(s) for which acquired within one year of receipt and shall be continued in use for such purposes)
for one year from the date the property was placed in use. In the event the property is not so placed in use, or continued in use, the donee shall immediately notify
the state agency and, at the donee s expense, return such property to the state agency, or otherwise make the property available for transfer or other disposal by the
state agency, provided the property is still usable as determined by the state agency.
(2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed hereon.
(3) In the event the property is not soused or handled as required by (B)(1) and (2), title and right to the possession of such property shall at the option of GSA
revert to the United States of America and upon demand the donee shall release such property to such person as GSA or its designee shall direct.
(C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT
ACQUISITION COST OFS5,000OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS
50 FEET OR MORE IN LENGTH AND AIRCRAFT:
(1) The property shall be used only for the purpose(s) for which acquired and for no other purpose(s)
(2) There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a period of 18 months
from the date the property is placed in use, except for such items of major equipment, listed hereon, on which the state agency designates a further period of
restriction.
(3) In the event the property is not soused as required by (C)(1) and (2) and federal restrictions (B)(1) and (2) have expired then title and right to the possession
of such property shall at the option of the state agency revert to the State of California and the donee shall release such property to such person as the state agency
shall direct.
(D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS:
(1) From the date it receives the property listed hereon and through the period(s) of time the conditions imposed by (B) and (C) above remain in effect, the
donee shall not sell, trade, lease, lend, bail, cannibalize, encumber, or otherwise dispose of such property, or remove it permanently, for use outside the state,
without the prior approval of GSA under (B) or the state agency under (C). The proceeds from any sale, trade, lease, loan, bailment, encumbrance, or other
disposal of the property, when such action is authorized by GSA or by the state agency, shall be remitted promptly by the donee to GSA of the state agency, as the
case may be.
(2) In the event any of the property listed hereon is sold, traded, leased, loaned, bailed, cannibalized, encumbered, or otherwise disposed of by the donee from
the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect, without the prior approval of GSA or the
state agency, the donee, at the option of GSA or the state agency, shall pay to GSA or the state agency, as the case may be, the proceeds of the disposal or the fair
market value or the fair rental value of the property at the time of such disposal, as determined by GSA or the state agency.
(3) If at anytime. from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect, any of the property
listed hereon is no longer suitable, usable; or further needed by the donee for the purpose(s) for which acquired, the donee shall promptly notify the state agency,
and shall, as directed by the state agency, return the property to the state agency, release the property to another donee or another state agency or a department or
agency of the United States, sell, or otherwise dispose of the property. The proceeds from any sale shall be remitted promptly by the donee to the state agency.
(4) The donee shall make reports to the state agency on the use, condition, and location of the property listed hereon, and on other pertinent matters as maybe
required from time to time by the state agency.
(5) At the option of the state agency, the donee may abrogate the conditions set forth in (C) and the terms, reservations, and restrictions pertinent thereto in (D)
by payment of an amount as determined by the state agency.
(E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON:
(1) The property acquired by the donee is on an "as is," "where is" basis, without warranty of any kind.
(2) Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to donated property with
unexpired terms, conditions, reservations, or restrictions occurs, the state agency will be entitled to reimbursement from the donee out of the insurance proceeds,
of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items.
(F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR.MORE IN LENGTH) HAVING
AN ACQUISITION COST OF $5,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED:
The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer, Document executed by the
authorized donee representative:
� �G� �
��� ����
,k������ +� �3
� ��
��, ,a
O
RESOLUTION NO. 8213
N
(1993 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 ZONE 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 the 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.
On motion of Settle , seconded by Romero- _, and on
the following roll call vote:
AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard
NOES None
ABSENT: None
The foregoing Resolution was passed and adopted this 21st day of
Sept. , 1993.
1
MAYOR VG PINARD
ATTEST:
CLERK -DIANE LADWELL
CITY A TORN Y
R -8213
wo o
C��
A- 66 -93 -CC
AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT ZONE 9 AND THE
CITY OF SAN LUIS OBISPO FOR STREAMBED CLEARING
PROGRAMS GIANT REED ERADICATION PROGRAM,
AND STREAMBED IMPROVEMENT PROGRAM
This Agreement entered into the day of rao p -e ,
1993, between the San Luis Obispo County Flood Control and Water
Conservation District, Zone 9 (hereinafter referred to as "Zone 9")
and the City of San Luis Obispo (hereinafter referred to as
"City ");
W I T N E S S E T H
WHEREAS, Zone 9 since its inception, has had a streambed
clearing program which encompasses the mainstreams of the San Luis
Obispo Creek system; and
WHEREAS,, certain reaches of these streams lie within the.City
of San Luis Obispo; and
WHEREAS, the City has also had a streambed clearance program;
and
WHEREAS, the program within the City of San Luis Obispo should
be more economically performed if one agency accomplished the
streambed clearance program; and
WHEREAS, such a cooperative program was successfully carried
out in the last several fiscal years; and
WHEREAS, Zone 9 work has been accomplished with the
cooperation of personnel from the California Conservation Corps;
and
WHEREAS, a continuation of the cooperative program between
Zone 9 and the. City could still involve the assistance of the
California Conservation Corps; and
WHEREAS, it is in the public interest that Zone 9 and the City
understand and agree to the services to be performed by each with
respect to the streambed clearing program; and
WHEREAS, a growth of Giant Reeds in the Zone 9 watershed have
proved to be a flood control problem;. and
A- 66 -93 -CC
WHEREAS, appropriate maintenance management leading to the
control and /or eradication of the Giant Reed is necessary; and
WHEREAS, it is in the public interest that Zone 9 and the City
cooperate on the needed Giant Reed control and /or eradication
program; and
WHEREAS, the Zone 9 Advisory Committee has considered small
improvement projects for erosion control and flood control
benefits; and
WHEREAS, it is to the mutual benefit of the Flood Control Zone
9 and the City to cooperate on the needed small improvement
projects; and
WHEREAS; the 1993 -94 budget appropriation includes $87,933 for
the streambed clearing program and $5,15.0, for the Giant Reed
Eradication Program.
WHEREAS, the 1993 -94 budget appropriates $150,000 for small
improvement projects.
NOW, THEREFORE; in consideration of the mutual covenants,
conditions, promises and agreements herein set forth, Zone 9 and
City mutually covenant and agree as follows:
STREANBED CLEARING AND GIANT. REED ERADICATION PROGRAM:
1. Zone 9 and City will accomplish streambed clearing within the
San Luis Obispo Creek watershed with the City being
responsible for the prompt and. efficient execution of the
entire program within the City limits and Zone 9 being
responsible for the prompt and efficient execution of the
balance of the program in the unincorporated portion of the
zone.
2. Zone 9 will provide funds to the City for the City to
accomplish the Giant Reed control and /or eradication program
within Zone 9.
3. The City shall be provided not more than $55,000 of the funds
budgeted in Zone 9 in the 1993 -94 fiscal year for the
streambed clearance program and an additional sum of not more
than $2,000 for the Giant Reed control and /or eradication
program.
O �
7. Consistent with previous practices, there shall bean annual .
reconnaissance- survey made by City and County within their
respective jurisdictions of needed works and such shall be
done reasonably before the rainy season in order that the
needed streambed clearing program can be carried out prior to
the rainy season with follow -up work done during the rainy
season as appropriate.
8. For control of vegetation, principally willows, the streambed
maintenance program may be accomplished with the use of State
Fish & Game approved herbicides.
9. Within the City of San Luis Obispo, City shall be responsible
for acquiring any landowner- permission needed to accomplish
the streambed clearing program. The City shall be responsible
for acquiring any landowner permission to accomplish the Giant
Reed control and /or eradication program.
10. The City shall act as the lead agency in complying with the
California Environmental Quality Act for work done within the
City limits.
11. Should the streambed clearing program within the City involve
the abatement of nuisances, the removal of trees, or the like,
such shall be performed in accordance with due process of law
under the City's abatement ordinances or State law and shall
be the sole responsibility of City.
SMALL IMPROVEMENT PROJECTS PROGRAM:
12. Zone 9 shall provide funding up to an amount of $125,000 for
the City to accomplish the following improvement projects
program:
a. Madonna Road Overpass @ San Luis Obispo Creek -
Remove gravel from the concrete lined banks to
restore to full flow capacity. Estimated cost
$20,000.
b. Prefumo Creek - Laguna Lake - Remove major silt and
debris deposits at the point of creek discharge
into Laguna Lake to open up the capacity of the
channel.. Estimated.cost $50,000.
1 1
C. Old Garden Creek @ Mountain View - Repair the floor
in the culvert. Existing floor is failing.
Estimated cost $25,000.
d. Mission Trailer Park @ San Luis Obispo Creek -
Remove obstructions &.stabilize the banks that have
encroached into the channel. Estimated cost
$30,000.
13. In the event that City is unable to complete any improvement
projects cited above, City shall have the option to substitute
improvement project(s) 13.a. and /or 13.b. as requested in
Exhibit A. Such substitution(s) shall not cause the total
dollar amount to exceed the budgeted amount specified in
paragraph 12.
a. San Luis Creek behind 464 and 466 Dana Street =
Remove obstructions encroaching into the channel
and stabilize the bank. Estimated cost $30,000.
b. San Luis Creek behind 3546 and 3566 South Higuera -
Stabilize the bank and protect the parking lot that
runs parallel with the creek. Estimated cost
$30,000.
14. City shall provide all design drawings and related services
for the small improvement projects which are to be constructed
and shall arrange for a consultant to perform the study for
the detention dam(s) program. City shall also act as the lead
agency in complying with the California Environmental Quality
Act.
15. Zone 9 shall reimburse City for not more than $125,000 for
said small improvement project program and any expenditures
made by City in excess of that amount shall be paid at the
sole.expense of City.
16. Maintenance. City shall maintain all completed, works at no
cost to Zone 9.
17. ownership_ and Liability. City shall assume ownership and
liability for the completed works.
i10
GENERAL TERMS:
0
18.. Term. This agreement will commence on July 1, 1993 and
terminate on June.30, 1994.
19. Indemnification_ and Sole Conduct. Each party hereto shall
defend, indemnify and save harmless the other party and other
party's officers, agents and employees from and against all
claims, demands, liability cost, expense, damages, causes of
action, including but not limited to inverse condemnation and
judgments arising out of the sole negligence or sole
intentional acts of the party or its officers, agents or
employees or independent contractors solely responsible to
such party in performing or attempting to perform pursuant to
the provisions of this agreement including both acts and
omissions to act.
20. Indemnification for joint conduct. between Zone 9 and the City.
The City shall defend, indemnify and save harmless County, and
its officers, agents and employees_ from and against any and
all claims, demands, liabilities, costs, expenses, damages,
causes of action including but not limited to inverse
condemnation and judgments arising out of the joint negligence
or joint intentional acts of City and Zone 9 and their
officers, agents, employees or independent contractors
directly responsible to them in performing or attempting to
perform pursuant to the provisions of this agreement including
both acts and omissions and to act provided however that
County shall be solely responsible for the amount of judgment
rendered solely against the Zone 9 or one of its agents or-
employees if such judgment is specifically rendered in court
finding of responsibility by Zone 9 or one of its agents or
employees for an act of negligence and City shall not be
required to indemnify Zone 9 for such judgment. Likewise City
shall be solely responsible for any judgment rendered solely
against it or its agents or employees which is based upon acts
or omission by it or one of its agents or employees.
21. Zone 9 agrees.to cooperate with City in the. defense of any
.such claims or litigations.
IN WITNESS WHEREOF Zone 9 and City have executed this contract on
the day and year first herei-nabove set fort.
BY
SAN LUIS'OBISPO COUNTY FLOOD CONTROL,
AND WAI�R CONSERVATION DISTRICT. Zone 9
Chairperson of
APPROVED AS TO FORM AND LEGAL I
JAMES B. LINDHOLMr JR.
County Counsel
By
Dated*-
APPROVED As To FORK
01 bupervi.5ur5
CITY OF SAN LUIS OBISPO
By:
Jeffrey M-id
Mayor, Peg Pinard
Ofty Aftomov
ATTEST: ATTEST:
m:\1eanne\dcb\fcwcd9.agr
EXHIBIT A
; Of sAn 1UIS OBISPO
ItY
y
rSFr }y ' G7rp -� 25 Prado Road * San Luis Obispo, CA 93401
August 9, 1993 .
County Engineering
San Luis Obispo County
County Government Center
San Luis Obispo, CA 93408
ATTN: Tony Boyd, Hydraulic Operations Engineer
The City of San Luis Obispo would like to add two projects to the
Zone 9 Agreement for this year. Both of these projects were
identified after the winter rains, in May 1993. We would use
these as substitutes if- we are unable to complete any of the
existing projects due to unforeseen problems that might arise.
Please add to out Zone 9 Agreement:
1. San Luis Creek behind 464 and 466 Dana Street -
Remove obstructions encroaching into the channel and
stabilize the bank $30,000
2. San Luis Creek behind 3546 and 3566 South Higuera -
Stabilize the bank and protect the parking lot that runs
parallel with the creek. $30,000
Thank you for.your assistance in this matter.
Sincerely,
Lis E: Cox
Parks & Streets Manager
zone9add.ttr /dec6
C'F
IN THE BOARD OF SUPERVISORS
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
Tues October 26 93
- - - - - -- day ------------------------ ,19 - - - --
PRESENT: Supervisors Laurence L. Laurent, Evelyn Delany, Ruth E. Brackett,
David Blakely and Chairperson Harry L. Ovitt
ABSENT:
None
In the matter of Consent Agenda:
This being the time set for members of the public wishing to address
items set on the Consent Agenda. Chairperson Ovitt opens the floor without
response. On Motion of Supervisor Delany, seconded by Supervisor Blakely,.
and on the following roll call vote, to wit:
AYES: Supervisors Delany, Blakely, Laurent, Brackett, Chairperson Ovitt
NOES: None
ABSENT: None
Consent Agenda Items B -1 through' B -21 are approved as recommended by the
County Administrative Officer. Item B -4 is RESOLUTION NO. 93 -427. Item B -13
is RESOLUTION NO. 93 -428. Item B -15 is RESOLUTION NO. 93 -429. Item B -20 is
RESOLUTION NOS, 93 -430. Said Consent Agenda Item B -1 through B -21, are on
file in the Office of the County Clerk- Recorder and are available for public
inspection.
cc: Administration
10/27/93 pvo
STATE OF CALIFORNIA,
County of San Luis Obispo,
L __FRANCIS M. CooNEY _______ _____ _____ _ _ _ _ __ _ __, County Clerk and ea- officio Clerk
of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do
hereby certify the foregoing to be a full, true and correct copy of an order made by the Board
of Supervisors, as the same appears spread upon their minute book.
WITNESS my hand and the seal of said Board of Supervisors, affixed this _??th ---- - - - - --
day of ------- October 19 _93
FRANCIS M. COONEY
---------------------------------------------
County Clerk and Ex-Officio Clerk of the Board
(SEAL) of Supervisors
B3• -- �A I� -- - - --
3 B -1 t3 ru B -21 Deputy Clerk.
.:.
BOARD OF SUPER% )RS' AGENDA FOR OCTOBER , 1993 PAGE 4
Administrative Office Items:
B -2 Request to approve a report on Dependent Care Committee activities.
(RECOMMEND ITEM BE RECEIVED AND FILED.)
B -3 Request to approve a settlement of one outstanding claim against the County.
(RECOMMEND APPROVAL.)
Board of Supervisors Items:
B-4 Submittal of a resolution proclaiming November 1993 as , "Hospice Month ".
(RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.)
B -5 Request to appoint H. Ovitt as the San Luis Obispo County Representative
to the CSAC Board of Directors for the 1994 association year.
(RECOMMEND APPROVAL)
B -6 Request by Supervisor Delany to appoint C. Gallagher as District 3
Representative to the San Luis Obispo County Planning Commission.
(RECOMMEND APPROVAL)
B -7 Request by Supervisor Blakely to appoint P. Heath as District 5
Representative to the San Luis Obispo County Commission on Aging.
(RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.)
B -8 Request by Supervisor Brackett to allocate $500 from District 4 Community
Project funds to the Nipomo Chamber of Commerce to help offset the cost
of booth rental at the October Festival held at the Nipomo Regional Park.
(RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.)
B -9 Request by Board members to allocate $1,500 from community project funds
($500 - District 1; $500 - District 2; $500 - District 5) to Artemis - A Theatre
Company /Central Coast Shakespeare Festival to help offset the cost of
providing low income admissions to plays. (RECOMMEND APPROVAL
AND INSTRUCT CHAIRMAN TO SIGN.)
Engineering Items:
B -10 Request to approve agreements with the Cities of Atascadero and San Luis
Obispo to participate in the San Luis Obispo County Parks Recycling Project.
(RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.)
vB-11 Request to approve a cooperative agreement with the San Luis Obispo
County Flood Control and Water Conservation District and the City of San
Luis Obispo for continued participation in a stream bed clearing program,
giant reed eradication and other small improvement projects; 3rd and 5th
Districts. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO
SIGN.)
4. Zone 9 will reimburse the City, within the limits set forth in
Paragraph 3 above, upon receipt of evidence of work performed
on the basis of monthly statements submitted for - payment.
5. All streambed maintenance work provided for by this agreement
shall be done in accordance with the following provisions of
the 1979 Memorandum of Understanding: "Work performed under
this agreement will be conducted within the following streams:
a. San Luis Obispo Creek
b. Lower watershed of Laguna Lake, including Prefumo
Creek but not Sycamore.Creek
C. old Garden Creek to Foothill Boulevard
d. Stenner Creek
e. Brizziolari Creek
Local drainage facilities such as subdivision drains, curbs,
gutters and streets and minor drainage ways not listed above
would be the responsibility of the jurisdiction within which
boundaries the facility lies, or the responsibility of the
private property owner if the facility is not publicly owned.
The streambed maintenance work is envisioned to generally
involve removal of debris which adversely affects the capacity
of the waterways or which might create a greater expense for
its removal at a different location if moved by flood flows at
a later date. It would also involve some streambed vegetation
maintenance to maintain streambed capacity. It would not
include streambed maintenance to the origin of each stream but
primarily include the lower reaches of each stream system. It
would not include abatement of flood hazards under the City's
abatement ordinances. It is also understood that all
streambed maintenance work will be performed under permit from
the State Fish & Game. Permits for work inside the City
limits shall be obtained by the City. Permits for work
outside of the City limits shall be obtained by the County
Flood Control Zone 9.11 .
6. The streambed maintenance program is a flood control program
and City shall use funds provided under this agreement for
only that purpose.
RESOLUTION NO.8212(1993 Series)
PROGRAM SUPPLEMENT NO. 003
STATE- LOCAL TRANSPORTATION PARTNERSHIP PROGRAM
AGREEMENT NO. SLTPP -5016
WHEREAS, the State of California through the State -Local Transportation Partnership
Program, encourages the expenditure of local funds for street improvement projects, and
WHEREAS, the City completed project Street Reconstruction and Resurfacing Project,
Grand Avenue from Monterey to Slack Streets, City Plan No. 93 -14A, that included pavement
overlay and rehabilitation, and
WHEREAS, completion of that project now qualifies the City for a 2157% State
reimbursement of project costs in the amount of $59,468.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis
Obispo hereby approves Program Supplement No. 003 to State -Local Transportation Partnership
Program Agreement No. SLTPP -5016 and authorizes the Mayor to execute the documents.
Upon motion of sPtti e , seconded by Romern and on the
following roll call vote:
AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was adopted this-2-1 day of September, 1993.
ATTEST:
i e Gladwell, Ci lerk
R -8212
Resolution No. 8212 (1993 Series)
APPROVED:
L,l (' 6 - C,ov, )
i A torn y Y
¢� n�
(J"v��a'� �����
�" �
q\��
��✓ c \'�
��
Dr`e: July 28, 1993
PROGRAM SUPPLEMENT. 1,,,'003 Locat,y.i: 05- SLO -0-SLO
to I Project Number: SB93- 5016(037)
STATE -LOCAL TRANSPORTATION E.A. Number: 05- 929636
PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP -5016
This Program Supplement is hereby incorporated into the State -Local Trans-
portation Partnership Program Agreement for State.Share Funds wh=ich was
entered into between the Local Entity and the State on 01/26/93 and is
subject to all the terms and conditions thereof.' This Program Supplement
is adopted in accordance with Paragraph 3 of Article I of the aforemen-
tioned Master Agreement under authority of Resolution No. 8212 ,
approved by the Local Entity on 9/21/93 (See copy attached).
The Local Entity further stipulates that as a condition to payment of,funds
obligated to this project, it accepts and will comply with any covenants or
remarks setforth on the.following pages.
PROJECT TERMINI:
GRAND AVE. FROM MONTEREY ST. TO SLACK ST.
TYPE OF WORK: RECONSTRUCT EXISTING RDWY I LENGTH: 0.0 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[XI Construction
Estimated Cost State Share Funds Matching Funds
FY93 $ 59468 Local OTHER OTHER
$ 362493 FY94 $ 0 $ 303025I$ 0 $ 0
IFY95 $ 0
CITY OF SAN LUIS OBISPO
BY
Mayo Peg Tinard
Date
Attest
is . GI-adifelZ
Title(C14 Clerk
STATE OF CALIFORNIA
Department of Transportation
By
DISTRICT LOCAL
STREET AND ROADS ENGINEER
Date
hereby Certify upon my ,personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer
Chapter) Statutes I ltem
567 1992 . 2660- 101 -042
Date 7 2 x'93
$ 59468.00
Year I Program JBCI Fund Source I AMOUNT
92 -93 20.25.010..100 C 256010 042 -T 59468.00
Page 1 of 2
05- SLO -0 -SLO
SB93- 5016(037)
SPECIAL COVENANTS OR REMARKS
DATE: 07/2.8/93
1. It is mutually understood between the parties that this
contract may have been written before ascertaining the
availability of legislative appropriation of funds, for
the mutual benefit of both parties, in order to avoid
program and fiscal delays that would occur if the
agreement were executed after that determination was
made.
The total amount of State -Local Transportation
Partnership funds payable by the State shall not exceed
$59468 to be encumbered and reimbursed as follows:
FY
FY
FY
Any increase in
revised program
Any decrease in
revised finance
92 -93 $ 59468
93 -94 0
94 -95 0
State Partnership funds will require a
supplement.
State Partnership funds will require a
letter.
2. The State Funds Share is calculated based on the lower of the
approved eligible application amount or the eligible award
amount.
3. within 120 days of project completion a Final Report of
Expenditures must be transmitted to the Caltran's District Local
Streets and Roads Engineer.
4. The Reimbursement Ratio for this Cycle 3 (92/93) project is
21.57x.
5. In accordance with the State and Local Transportation Partnership
Program Guidelines dated April 1992, Section IV, Project
Eligibility, the 10 1s allowance for construction engineering and
contingencies is not eligible after Cycle 2. Only state /agency
furnished materials can be added to the contract item cost for
State Partnership funds eligibility.
Page 2 of 2
RESOLUTION NO $211(1993 Series)
JOINT RESOLUTION BY THE COUNTY OF SAN LUIS OBISPO
AND THE CITIES OF MORRO BAY AND SAN LUIS OBISPO
WHEREAS, the chain of ancient volcanic peaks known as the Morros is a unique
geological formation and dominate the region between the cities of San Luis Obispo and
Mono Bay by their spectacular natural beauty; and
WHEREAS, the Morros have a universally acknowledged scenic value which
contributes significantly to one of the largest industries in San Luis Obispo County, namely
the tourist industry, by providing a unique open space backdrop to, and scenic corridor
between the cities; and
WHEREAS, the special beauty of the Morros was honored by the original inhabitants
of this region and was noted as far back as 1542 by Juan Rodriquez Cabrillo; the earliest
European explorer to this region; and
WHEREAS, the Morros are the most prominent and one of the most popular.
regional landmarks in San Luis Obispo County; and
WHEREAS, the Morros are still mostly in open space and relatively undeveloped,
due to the responsible stewardship of the land by private and public landowners; and
WHEREAS, the Morros provide a unique habitat fora variety of animal, bird and
plant species and have significant aesthetic, educational and historical value; and
WHEREAS, the entire chain of Morros should be preserved as much as possible in
its natural state, while respecting the rights of private property owners; and
WHEREAS, if not protected from development and /or overuse by the public,
through the cooperative effort of the entities signing this joint resolution, the irreplaceable
values of the Morros will be severely impaired and lost forever to future generations.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors, County
of San Luis Obispo, State of California and the cities of Mono Bay and San Luis Obispo,
will actively promote the protection and preservation of the MORROS, while respecting the
rights of private property owners. Furthermore, San Luis Obispo County and the two cities
wish to establish a method of recognizing "Regional Landmarks ", and declare that the
Morros should be nominated as the first San Luis Obispo County Regional Landmark.
R -8211
UpOnmotionof .Council Member Rappa,secondedby Council Member Settle and
on the following roll call vote:
AYES: Council Members Rappa, Settle, Roalman, Romero and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was adopted this 14tbday of September , 1993.
City of San Luis Obispo
By
Mayor eg Pinard
ATTEST:
,1 /L. i�A. /.`.e�..l
W /A i E s� .
APPROVED:
aAministrative Officer
PERU
_�
���
� b�, 1��'�c3
i'
BOARD OF SUPERVISORS
COUNTY GOVERNMENT CENTER • SAN LUIS OBISPO, CALIFORNIA 93408 • 805-7815450
TO: BOARD OF SUPERVISORS
FROM.; LAURENCE LLAURENTI SUPERVISOR, DISTRICT TWO
DATE: . SEPTEMBER 14, 1993
LAURENC.E- L. LAURENT
DISTRICT TWO
SUBJECT: RESOLUTION RECOGNIZING THE moAROSAs AN IMPORTANT SCENIC
AND ECOLOGICAL RESOURCE
SUMMARY
There are areas of the county that due to their special scenic, habitat, historic or aesthetic
value should be recognized by the San Luis Obispo County Board of _Supervisors as
requiring particular attention when making land decisions. . The chain of ancient volcanic
peaks, known, as the M.orros, is a unique geological formation and one of those special areas';
RECOMMENDATION
It is recommended that the Board of Supervisors adopt the attached resolution recognizing
the Morros as an important scenic and ecological resource.
DISCUSSION
None.
OTHER AGENCY INVOLVEMENT.
The City of San Luis Obispo and the City of Morro Bay
FINANCIAL CONSIDERATIONS
None.
D
1�
IN THE BOARD OF SUPERVISORS
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
PRESENT: Supervisors
ABSENT:
-- " - - - - -- day ------- ------- -------- ,19 - - --
RESOLUTION NO.
RESOLUTION BY THE COUNTY OF SAN LUIS OBISPO RECOGNIZING THE MORROS AS
AN IMPORTANT SCENIC AND ECOLOGICAL. RESOURCE
The following resolution is now offered and read:
WHEREAS, the County of San Luis Obispo General Plan has policies that encourage the
preservation of open spaces, scenic resources, wildlife habitats, and objects of historic or
aesthetic significance; and
WHEREAS, there are areas of the county that due to their special scenic, liabitat, historic
or aesthetic value should be recognized by the Board of Supervisors of the County of San Luis
Obispo as requiring particular attention when making land decisions; and
WHEREAS, the chain of ancient volcanic peaks, known as the Morros, which dominates
the region between the cities of San Luis Obispo and Morro Bay by its spectacular natural
beauty, is a.unique geological formation and one of those special areas.
WHEREAS, the special beauty of the Morros was honored by the original inhabitants of
this region and was noted as far back as 1542 by Juan Rodriguez Cabrillo, the earliest known
European explorer to this region; and
WHEREAS, the Morros are still essentially in open space and relatively undeveloped, due
to the responsible stewardship of the land by private and public landowners; and
WHEREAS, the Morros have acknowledged scenic value which contributes to the tourist
industry in the county, by providing an uncommon open space backdrop to and scenic corridor
between the cities; and
WHEREAS, the Morros have value for educational purposes; and
WHEREAS, future proposed development projects may raise environmental issues
pertaining to the flora, fauna, biological environments and historical significance of the Morros;
including, but not limited to each project's individual effect, the cumulative effect and the
precedent setting effect of development on the Morros; and
WHEREAS, the entire chain Morros should be preserved as much as possible in its
natural state, while respecting the rights of private property owners; and
WHEREAS, if not protected, through a cooperative effort, the above-values of the Morros
will be impaired and may be lost to future generations.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of
San Luis Obispo, State of California, in regular meeting assembled on the
day of , 1993 as follows:
(1) That the County Board of Supervisors acknowledges that the Morros require particular
study and attention when making land use decisions.
(2) That the preservation of the Morros is important to all of the people of the County of San
Luis Obispo.
CD,.
(3) The County Board of Supervisors expresses its interest in working with the Cities of
Morro Bay and San Luis Obispo in developing a Master Plan for the protection of the Mo s. %
,
ism, 31993 TION LUIS �p0.OA ognizes that some of the Morros area is under the
LUISd Morro Bay and San Luis Obispo, but is interested
ter Plan that would be effective to protect the entire .
Ynclosed is the material you requested
or your I07wtion
Compliments of
LAURENCE L. LAURENT, SUPERVISOR
DISTRICT 2
County Government Center, Room 370
San Luis Obispo, Ca. 93408 -2040
ATTEST:
County Clerk and Ex- Officio Clerk
of the Board of Supervisors,
County of San Luis Obispo, .
State of California.
(SEAL]
call vote, to wit-.
APPROVED AS TO FORM AND LEGAL EFFECT:.
JAMES B. LINDHOLM, JR.
County Counsel
By. _ ' f...: 1, «, 14
put ounty Counsel
Dated: lr , )�t') �l r�
seconded by Supervisor
Chairman of the Board of Supervisors
of the County of San Luis Obispo,
State of California
e
� •-
• _�,
1
�.. l
C.. i'D
RESOLUTION NO 821g1993'Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN EXCHANGE OF PROPERTY BETWEEN THE CITY OF SAN LUIS
OBISPO ( LAGUNA LAKE MUNICIPAL GOLF COURSE, 11175 LOS OSOS VALLEY
ROAD) AND LAGUNA LAKE COMPANY ( LAGUNA LAKE MOBILE ESTATES,
1801 PREFUMO CANYON ROAD)
.BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findin s. That this Council, after consideration of the proposed property
exchange and the staff recommendations, public testimony, and reports thereof, makes the
following findings:
1. The proposed property exchange resulting in City acquisition of approximately
5.3 acres of creek/open space area is consistent with public policies contained in
both the Land Use and Open Space Elements of the City's General plan; and
2. The proposed property exchange will not adversely affect the continuing operation
of the Laguna Lake Municipal Golf Course.
3. A Mitigated Negative Declaration of Environmental Significance (ER 108 -92) was
issued by the Community Development Director for this project on August 14,
1992, which Negative Declaration found that with inclusion of specified
mitigation measures there would be no significant environmental effect resulting
from this. project. This Council hereby concurs in and adopts that Mitigated
Negative Declaration.
SECTION 2. Approval. The request for approval of the property exchange is hereby
approved subject to the following conditions:
1. Laguna Lake Company shall install a play area within the mobile home park to
the approval of the Community Development Director and Recreation Director.
2. Laguna Lake Company shall remove the concrete slab and the basketball backstop
to the approval of the Public Works Director.
R -8210
Resolution No.8210(1993 Series)
Page 2
3. The Mayor is authorized to sign an agreement with Laguna Lake Company, once
all conditions are satisfied, for on -going maintenance of the creek area, including
all creek repair sites for periods of time specified under approved permits, and
sign all other documents necessary to execute the property exchange.
On motion Of Council Member Settle ,seconded by Council Member
Rappa , and on the following roll call vote:
APES: Council Members Settle, Rappa, Roalman, and Mayor Pinard
NOES: None
ABSENT: Council Member Romero
the foregoing resolution was passed and adopted this 7th day of September , 1993.
Mayd Peg Pinard
V 16rk Dilne R.(Aadwell
APPROVED:
/ ,%
���' � Q �
� ' C��
�.�,rn
� ��
•,
RESOLUTION NO. 8209 (1993 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING WATER SERVICE RATES
WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund
fees and rates on an ongoing basis and to adjust them as required to ensure that they
remain equitable and adequate to fully cover the cost of providing services; and
WHEREAS, a comprehensive analysis of Water Fund operating, capital, and debt .
service needs has been performed for fiscal years 1993 -94 through 1996 -97.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Resolution No. 8121 (1993 Series) is hereby rescinded.
SECTION 2. Chapter 4.20.060 of the Municipal Code is hereby amended as set forth
in Exhibit A attached hereto.
SECTION 3. The rates set forth in Exhibit A shall be effective October 1, 1993 and
July 1, 1994.
SECTION 4. All other provisions of Chapter 4.20 of the Municipal Code remain in
full force and effect.
On motion of Council Member Romero , seconded by
Council Member Roalman , and on the following roll call vote:
AYES: Council Members Romero, Roalman, and Rappa
NOES: Council Member Settle and Mayor Pinard
ABSENT: None
The foregoing Resolution was adopted on this 7th day of September , 1993.
May Peg Pinard
E i
R -8209
Resolution No. 8209 (193 Series)
0
Exhibit A
RATES FOR WATER SERVICE
Monthly water service charges per hundred cubic feet of water (ccf) used per dwelling unit
for accounts classified as residential by the director of finance and per account for all other
users, are as follows:
Effective October 1, 1993 Inside City
Construction Site Meters
0 to 1 ccf $ 2.45 $ 4.90
In excess of 1 ccf thereafter $160.00 $325.00
All Others
1 to 5 ccf $ 2.45 $ 4.90
More than 5 ccf $ 3.05 $ 6.10
Commodity Charges Per CCF
Effective July 1, 1994 Inside City Outside City
Construction Site Meters Only
0 to 1 ccf $ 2.60 $ 5.20
In excess of 1 ccf thereafter $170.00 $345.00
All Others
1 to 5 ccf $ 2.60 $ 5.20
More than 5 ccf $ 3.25 $ 6.50
. � Y
��.� �f" �� �c� ten./ ,
Z
h"�� �G°\
i�
RE � UTION NO. s2os (1993 SEf7�)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
IMPLEMENTING A UTILITY ACCOUNT SET -UP FEE
WHEREAS, the Council of the City of San Luis Obispo determined that a utility
account set -up fee is necessary to pay for the costs associated with starting and stopping of
customers utility service; and
WHEREAS, after a comprehensive analysis of the costs associated with starting and
stopping utility service, divided by the number of service starts, it has been determined that
the account set -up fee will be $2.5.00; and
WHEREAS, the Director of Finance has the authority to initiate an agreement with
customers whereby for an annual fee of $500.00 they can obtain unlimited service starts and
stops by agreeing to conditions set in the agreement.
.NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo that effective October.1, 1993 a utility account set -up fee in the amount of $25.00
and an optional annual service fee of $500.00 for unlimited service starts and stops will be
implemented. Governmental agencies shall be exempt from these fees.
On motion of Council Member Romero , and seconded by
Council Member - Roalman , and on the following roll call vote:
AYES: Council Members Romero, Roalman, and Rappa
NOES: Council Member Settle and Mayor Pinard
ABSENT: None
The foregoing. Resolution was adopted on this 7th day of September , 1993.
ATTEST:
i Clerk Diane Gl well
APPROVED TO ••
INK"
Mayor Aeg Pinard
R -8208
,AVI
F,
(00�1
RESOLUTION NO. 8207 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A TWELVE -MONTH TIME EXTENSION FOR TENTATIVE
TRACT NO. 1673 AT 3440 S. HIGUERA STREET
WHEREAS, The subdivider requests a twelve -month time extension
to complete processing of the final map; and
WHEREAS, reasonable progress has been made toward filing of
the final map; and
WHEREAS, the circumstances and findings of the original tract
approval are unchanged;
NOT THEREFORE, the City Council resolves as follows:
Section 1. That Tract 1673 is granted a twelve -month time
extension, to August 15, 1994, subject to original tract map
findings and conditions as specified in City Council Resolution
6667 (1989 Series)„
On motion of Council Member Settle seconded by
Council Member Romero and on the following roll call
vote:
AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 7th day of
September , 1993.
R -8207
Resolution No. 8207 (1993 Series)
Tract 1673
Page 2
ATTEST:
! %N /Ir
1�
Mayor eg Pinard
(0�
VD, 6,U
(J"
�.
r, a -+
col
(Al