HomeMy WebLinkAbout8416-8424RESOLUTION N0. 8424 (1995 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO ADJUSTING COMPENSATION
FOR THE CITY ATTORNEY
WHEREAS, by Resolution No. 6689 (1989 Series), the City Council appointed Jeffery
Jorgensen as City Attorney; and
WHEREAS, the City Council has evaluated compensation factors for the City Attorney under
Section 2 of the .Managerial Compensation Plan for Appointed Officials et.al. (Resolution No. 8412 -
1995 Series); and
WHEREAS, by Resolution No. 8297 (1994 Series), the City Council established compensation
for City Attorney Jeffery Jorgensen.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Effective April 6, 1995, the City Attorney's salary shall increase from $6,678 per
month to $6,812 per month.
SECTION 2. All other compensation and benefits afforded the City Attorney under the
Appointed Officials Compensation Plan Resolution No. 8412 - 1995 Series), and the City Attorney
Employment Agreement (Resolution No. 6689 - 1989 Series) not superseded by the above, shall
remain in full force and effect with the following modification: In the event Mr. Jorgensen's
employment is terminated by the Council, or he resigns at the request of a majority of the Council,
during such time that he is otherwise willing and able to perform the duties of City Attorney the City
agrees to pay him a lump sum cash payment equal to six (6) months compensation (salary and all
appointed officials fringe benefits). In the event that he is terminated for good cause then the City !�
shall have no obligation to pay the lump sum severance payment mentioned above. For the purpose
of this Agreement, "good cause" shall include, but not necessarily be limited to any of the following:
(1) a material breach of the terms of this Agreement;
(2) misfeasance;
(3) malfeasance;
R_Ad�6
Resolution No. 8424 (1995 Series)
Page 2
(4) a failure to perform his duties in a professional and responsible manner
consistent with generally accepted standards of the profession;.
(5) conduct unbecoming the position of City Attorney or likely to bring discredit or
embarrassment to the City.
"Good cause" shall not mean a mere loss of support or confidence by a majority of the Council. In the
event Mr. Jorgensen voluntarily resigns his position with the City, he shall give the Council at least one
(1) month advance written notice.
SECTION 3. The City Council shall evaluate the performance of the City Attorney annually.
On motion of Council Member Smith ,seconded by Council Member Williams
and on the following roll call vote:
AYES: ; X ouncil Members Smith, Williams, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 6th day of June 1995.
MAYOR ALLEN SETTLE
ATTEST:
I E GLAD ELL, Y CLERK
APPROVED AS TO FORM:
JEFFERY G. JORGENSEN, CITY ATTORNEY
O/A'
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RESOLUTION NO. 8423 (1995 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO ADJUSTING COMPENSATION
FOR THE CITY ADMINISTRATIVE OFFICER
WHEREAS, by Resolution No. 6198 (1987 Series), the City Council appointed John Dunn as
City Administrative Officer; and
WHEREAS, the City Council has evaluated compensation factors for the City Administrative
Officer under Section 2 of the Managerial Compensation Plan for Appointed Officials et.al. (Resolution
No. 8412 - 1995 Series); and
WHEREAS, by Resolution No. 8296 (1994 Series), the City Council established compensation
for City Administrative Officer John Dunn.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Effective April 6, 1995, the City Administrative Officer's salary shall increase from
$7,446 per month to $7,707 per month.
SECTION 2. Mr. Dunn's car allowance shall be increased by $50 per month to $300.
SECTION 3. All other compensation and benefits afforded the City Administrative Officer under
the Appointed Officials Compensation Plan (Resolution No. 8412 - 1995 Series), and the City
Administrative Officer Employment Agreement (Resolution No. 6198 - 1987 Series) not superseded
by the above, shall remain in full force and effect with the following modifications: In the event Mr.
Dunn's employment is terminated by the Council, or he resigns at the request of a majority of the
during such time that he is otherwise willing and able to perform the duties of City Administrative
Officer the City agrees to pay him a lump sum cash payment equal to six (6) months compensation
(salary and all appointed officials fringe benefits). In the event that he is terminated for good cause
then the City shall have no obligation to pay the lump sum severance payment mentioned above. For
the purpose of this Agreement, "good cause" shall include, but not necessarily be limited to any of the
following:
R -8423
Resolution No. 84 23(1995 Series)
Page 2
(1) a material breach of the terms of this Agreement;
(2) misfeasance;
(3) malfeasance;
(4) a failure to perform his duties in a professional and responsible manner
consistent with generally accepted standards of the profession;
(5) conduct unbecoming the position of City Administrative Officer or likely to
bring discredit or embarrassment to the City.
"Good cause" shall not mean a mere loss of support or confidence by a majority of the Council. In the
event Mr. Dunn voluntarily resigns his position with the City, he shall give the Council at least one (1)
month advance written notice.
SECTION 3. The City Council shall evaluate the performance of the City Administrative Officer
annually.
On motion of Council Member Smith
and on the following roll call vote:
,seconded by Council Member Williams
AYES: Council Members Smith, Williams, Roalman, Romero and Mayor Settle
NOES: None
ABSENT:None
The foregoing Resolution was passed and adopted this 6th day of June 1995.
MAYOR ALLEN SETTLE
ATTEST:
WIWI 1�. oa. �1
WHEN
Resolution No. 8423 (1995 Series)
Page 3
APPROVED AS TO FORM:
G'Y✓h
EF Y G/JOR/EINS N, CITY ATTORNEY
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RESOLUTION NO. 8422 (1995 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING GOLF COURSE 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 the Golf Course Fund operating and
capital needs has been performed for fiscal years 1995 -96 and 1996 -97,
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Resolution No. 8250 (Series 1993) is hereby rescinded upon the
effective date of the new fees.
SECTION 2. The following green fees shall be as follows:
July 1, 1995 July 1, 1996
Senior /youth weekdays $4.50 $5.00
General weekdays $6.50 $7.00
Weekends $7.25 $7.75
SECTION 3. The fees for the driving range, wholesale goods and lessons shall be
set by the Parks & Recreation Director and Golf Course Supervisor.
R -8422
On motion of Council Member Williams , seconded by
Vice Mayor Romero and on the following roll call vote:
AYES: Council Members Williams, Romero, Roalman, Smith and Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was adopted on this 23rd day of May 1995
ATTEST:
Mayor A en K. Settle
City Cleklr..Biane Gladwell
By: Kim Condon, Assistant City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 8421 (1995 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING SEWER 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 sewer fund operating, capital and debt service
needs has been performed for fiscal years 1995 -96 through 1998 -99 and
WHEREAS, the Council has reviewed the sewer service rates necessary to meet
operating and system improvement requirements.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Resolution No. 8259 (1994 Series) is hereby rescinded on the effective
date of this resolution.
SECTION 2. The rates set forth in Exhibit A shall be effective July 1, 1995.
On motion of Council Member Roalman seconded by Council Member Williams
and on the following roll call vote:
AYES: Council Members Roalman, Williams,and Romero
NOES: Council Member Smith and Mayor Settle
ABSENT: None
The foregoing Resolution was adopted on this 23rd day of May , 1995.
ATTEST: Mayor Allen Settle
C1ef%4Xane Gladwell
Kim Condon, Assistant City Clerk
APPROVED AS TO FORM:
R -8421
MONTHLY SEWER SERVICE CHARGES
Type of Account
Effective Date
1/1/95
Single family dwelling, including
single meter condominiums and townhouses $20.35
Multi- family dwelling in any duplex,
apartment house or roominghouse, per
each dwelling unit 16.20
Mobile home or trailer park, per
each dwelling unit 12.25
Public, private, or parochial school,
average daily attendance at the school 2.30
All other accounts
Minimum charge 20.35
Additional charge for every 100 cubic feet
in excess of 500 cubic feet of metered
water consumption 2.40
Each vehicle discharging sewer into City system
Minimum charge 67.95
Additional charge per 100 gallons
in excess of 1500 gallons discharged 4.10
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RESOLUTION NO. 8420 (1995 SERIFS)
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 1995 -96 through 1998 -99; and
WHEREAS, the Council has reviewed the water service rates necessary to meet system
operating and capital requirements.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Resolution No. 8209 (1993 Series) is hereby rescinded on the effective
date of this resolution.
SECTION 2. The rates set forth in Exhibit A shall be effective July 1, 1995 and July
1, 1996. The July 1, 1996 rates are based on a 3% rate increase not to
exceed the consumer price index increase.
On motion of Council Member Roalman ,seconded by Council Member Williams
and on the following roll call vote:
AYES: Council Members Roalman, Williams and Smith
NOES: Vice Mayor Romero and Mayor Settle
ABSENT: None
The foregoing Resolution was adopted on this 23rd day of May 1995.
Mayor kHen Settle
ATTEST:
Kim Condon, Assistant City Clerk
APPROVED AS TO FORM:
R -8420
1 •4.1.1.1 M_ e_
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:
Commodity Charges Per CCF
Effective July 1, 1995 Inside City Outside City
Construction Site Meters
0 to 1 ccf $ 2.65 $ 5.30
In excess of 1 ccf thereafter $174.25 $348.50
All Others
1 to 5 ccf $ 2.65 $ 5.30
More than 5 ccf $ 3.35 $ 6.70
Commodity Charges Per CCF
Effective July 1, 1996 Inside City Outside City
Construction Site Meters
0 to 1 ccf $ 2.75 $ 5.50
In excess of 1 ccf thereafter $179.50 $359.00
All Others
1 to 5 ccf $ 2.75 $ 5.50
More than 5 ccf $ 3.45 $ 6.90
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RESOLUTION NO. 8419 (1995 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR
THE ELKS LANE BRIDGE REPLACEMENT (ER 29 -90)
The Council of the City of San Luis Obispo resolves as follows:
Findines
On September 12, 1990 the City published and made available for public review a negative
declaration based on an initial study of environmental impact for the proposed replacement of the
Elks Lane Bridge, in accordance with the California Environmental Quality Act and the City's
Environmental Impact Procedures and Guidelines.
2. The Council has reviewed and considered the initial study, and has found that there will be no
significant environmental impacts. Potential impacts will be reduced to a level of insignificance
due to features incorporated into the project design and construction. These mitigation measures
and monitoring responsibilities are identified in the initial study, on file in the Community
Development Department.
3. Changes to the design details of the bridge proposed since the initial review do not result in
additional environmental issues.
Action
1. The Council hereby approves a negative declaration.
On motion of Vice Mayor Romero seconded by Council Member Roalman
and on the following roll call vote:
AYES: Council Members Romero, Roalman, Smith, Williams and Mayor Settle
NOES: None
ABSENT: None
"foregoing resolution assed and adopted this 16th day of May 1995.
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Mayor Allen K. Settle
ATTEST:
APPROVED as to form:
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R -8419
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RESOLUTION NO. 8418 (1995 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION
DENIAL OF PARKING EXCEPTION APPLICATION "OTHER 15-95" TO ALLOW
BOTH AN UNCOVERED PARKING SPACE AND WITH A STALL WIDTH OF 8
FEET AT 1939 HUASNA DR.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the appeal of the
Planning Commission's denial of the parking exceptions (OTHER 15 -95) and staff
recommendations, public testimony, and reports thereof, makes the following findings:
1. The exception will constitute a grant of special privilege considering the development pattern
of other properties in the vicinity which include single- family homes with non - conforming
parking for only one car provided in a single car garage;
2. The exception will adversely affect the health, safety, or general welfare of persons working
or residing in the vicinity due to the cumulative effect of additional on -street parking demand;
and
3. The exception is not necessary for the applicant's full enjoyment of uses permitted upon her
property because other residence addition options exist for the applicant in full compliance with
development standards including parking.
SECTION 2. Denial. The appeal of the Planning Commission's action regarding Other
15 -95 is hereby denied, and action of the Planning Commission to deny the request for
exceptions to allow for an uncovered parking space and with a width of 8 feet is hereby upheld.
On motion of Council Member Roalman ,seconded by Council Member Williams
and on the following roll call vote:
AYES: Council Members Roalman, Williams, Romero, Smith and Mayor Settle
NOES: None
ABSENT: None
R -8418
City Council Resolution No.84111995 Series)
Page 2
the foregoing resolution was passed and adopted thisLEth day of May 1995.
Mayor Allen K. Settle
ATTEST:
Clerk Diane R. Aladwell.
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RESOLUTION NO. 8417 (1995 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 1750 (Unit 3)
WHEREAS, the City Council made certain findings concerning Tract
1750 as contained in Resolution No. 6874 (1990 Series), and
WHEREAS, all conditions required per Resolution No. 6874 (1990
Series) for Unit 3 of said Tract No. 1750 have been satisfactorily met
and /or are guaranteed under a Subdivision Agreement (attached Exhibit
"A") and surety to guarantee Faithful Performance ($ 2,.199,600.00) and
Labor & Materials ($ 1,099,800.00).
NOW THEREFORE BE IT RESOLVED that: (1) final map approval is
hereby granted for Tract No. 1750 (Unit 3); and (2) the Mayor is hereby
authorized to accept three offsite easements for the Islay water tank,
access, and waterline purposes; and (3) approval of the Subdivision
Agreement.
On motion of Vice Mayor Romero , seconded by Council Member Smith
and on the following roll call vote:
AYES: Council Members Romero, Smith, Roalman, Smith and Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of
May , 1995.
ATTEST: MAYOR Allen Se tle
C CLERK f Dian 1adwe11
APPROVED AS TO FORM:
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R -8417
STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this )(p4 day of M�, ►Q45 by and
between Islay Hill Investments, a California General Partnership,
their heirs and assigns, 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 1750, Unit 3, City of San Luis Obispo,
California, as approved by the City Council on the day of
1995.
The Subdivider desires that said Tract 1750, Unit 3, 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. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
1
D 71419 ?000 $88090.84
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 Subdividerrs 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 within ten
(10) days of any reassignment of engineering responsibilities.
Said notice shall include letters of concurrence from both the
Engineer of Record releasing responsibility and of the new engineer
accepting responsibility.
2
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
Surveyors Act, Chapter 15 of the Business and Professions Code of
the State of California.
3
The Subdivider attaches hereto, as an integral part hereof, and
as security for the performance of this agreement, an instrument of
credit or bond approved by and in favor of the City of San Luis
Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of
$2.199,600.00, 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 l0% of the improvement security, that amount:
being deemed sufficient to guarantee faithful performance by the
Subdivider of his obligation to remedy any defects in the
improvements arising within a period of one year following the
completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the
date which the City Council shall, by resolution duly passed. and
adopted, accept said improvements according to said plans and
specifications, and any approved modifications thereto. Neither
periodic nor- progress inspections or approvals shall bind the City
to accept said improvements or waive any defects in the same or any
breach of this agreement.
If the Subdivider fails to complete the work within the
prescribed time, the Subdivider agrees that City may, at its
4
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 $55,523.00, 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.
Title 16 of the San Luis Obispo Municipal Code, entitled
"Subdivision," all plans and specifications on file with said City
Engineer as a part of said Subdivision Map, and all other documents
filed with the City by the Subdivider and approved by the City
Engineer are hereby referred to for further particulars in
interpreting and defining the obligations of the Subdivider under
this agreement.
It is understood and agreed by and between the Subdivider and
the City hereto that this agreement shall bind the heirs,
executors, administrators, successors and assigns of the respective
Parties to this agreement.
5
It is agreed that the Subdivider will furnish copies of the
successful bidder's contract unit prices and total bid prices for
all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS
Allen
CTTY LERX�ane Gladwell
By: sst. City Clerk Kim Condon
APPROVED AS TO FORM:
SUBDIVIDER
Islay Hill Investments, a
California General Partnership
By Ancient Peak,
a California Limited
Partnership,
General Partner
By Ancient Peak, Inc., a
California Corporation,
as /Its Sole General
. Rossi,
By GMC Partners, a California
General Partnership,
General ;jZ
Pete J. aglieiro,
General Partner
d K. Glick,
eneral Partner
,�, G.) ,
Tommy to McGonagill,
General Partner
EXHIBIT 1
TRACT 1750 - UNIT 3
SUBDIVISION AGREEMENT
1. The Subdivider shall complete the creek protection and
restoration work, per Condition 11 of Resolution 6874 (1990
Series) for this unit within the time limits for improvements
under this Subdivision Agreement, and as shown on the
improvement plans. Subdivider shall maintain creek landscaping
until acceptance by City with future Unit 4.
2. The Subdivider has paid a sewer lift station fee for Rockview-
Tank Farm sewer lift station of $3,847.00 (9.75 acres x $131.55
x 3), per Conditions 20 and 22 of Resolution 6874 (1990
Series). Sewer "Impact fees" are not applicable, based on the
vesting map requirements.
3. The Subdivider has paid water acreage fees of $28,720.00 (14.36
acres x $2,000 /acre) prior to recordation of the final map, per
Condition 22 of Resolution 6874 (1990 Series). Water "impact
fees" are not applicable, based on the vesting map
requirements.
4. The prior dedication of the10.76 acre park site per Units '.l
and 2 fulfills the purpose of park -in -lieu fees for the entire
Islay area, and no future development within the Islay area
(Tract 1750) will be charged park -in -lieu fees.
5. The Subdivider has made the notification regarding water
shortages for all lots on the Final Map, per Condition 42 of
Resolution No. 6874 (1990 Series).
6. The Subdivider has prepared Covenants, Conditions and
Restrictions (CC &R's) for all lots of the Final map, per
Condition 44 of Resolution No. 6874 (1990 Series).
7. The Subdivider has paid a monumentation guarantee of $4,000.00
to cover the installation of survey monuments in accordance
with the approved map and payment for same. Said deposit will
be released to the Subdivider upon receipt by the City of a
letter from the Engineer /Surveyor indicating he has completed
the work and has been paid.
8. Pursuant to Government Code Section 66474.9, the Subdivider
shall defend, indemnify and hold harmless the City and /or its
agents, officers and employees from any claim, action, or
proceeding against the City and /or its agents, officers or
employees to attack, set aside, void, or annul, the approval by
the City of this subdivision, Tract 1750, and all actions
related thereto, including but not limited to environmental
review and adoption of Ordinance No. 1179 (PD 1449 -B).
7
related thereto, including but not limited to environmental
review and adoption of Ordinance No. 1179 (PD 1449 -B).
9. The Islay Hill water tank required per Condition 21 of
Resolution No. 6874 (1990 Series) shall be in operation prior
to issuance of a total of 8.9 residential building permits
within Tract 1750 (Units 1, 2 and 3 except Housing Authority
units), and Tract 2135, as modified pursuant to a letter dated
March 23, 1995 from Ron Whisenand to Bob Fowler.
10. Offsite easements for the water tank, access and waterline have
been submitted by the Subdivider and are to be recorded with
the final map.
11. Subdivider shall install integral sidewalk improvements with
transitions at driveways per ADA requirements, unless specific
approval for detached sidewalks is authorized by the City
Council, to the satisfaction of the City Engineer.
12. The railroad buffer area and detention basin (Lots 60 and 61)
shall. be owned and maintained by the Master Homeowner's
Association and as prescribed in the CC &R's and Condition 17 of
Resolution No. 6874 (1990 Series) . Subdivider_ shall provide a
grant deed to Homeowner's Association prior to sale of any lot
within'this unit.
13. Transportation Impact Fees are payable per Condition 52 of
Resolution No. 6874 (1990 Series) and pursuant to Ordinance No.
1256 (1994 Series) prior to issuance of building permits on or
after June 5, 1995.
14. The Subdivider shall obtain the right to do offsite grading
within the Southern Pacific Railroad right -of -way to install
the detention basin as shown on the approved subdivision
improvement plans.
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RESOLUTION NO. 8416 (1995 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REAFFIRMING THE CITY SIDEWALK POLICY OF INTEGRAL SIDEWALKS
AND PROVIDING FOR EXCEPTIONS THEREOF.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
1. That all public sidewalks constructed in the City of San Luis
Obispo shall be integral with the curb, except that detached
(separated) sidewalks may be allowed upon approval by the City
Engineer under the following circumstances:
A. If one -half or more of any block is already improved with
detached (separated) sidewalks, or
B. In the event of unusual circumstances, due to physical
topographical features, or
C. Where deemed logical and necessary as a result of Americans
With Disabilities Act (ADA) requirements or other conditions that
would render integral sidewalks as impractical or undesirable.
Resolution No. 1512 (1965 Series) is hereby repealed.
PASSED AND ADOPTED this 16th day of May 1995 by the
following roll call vote:
AYES: Council Members Romero, Smith, Roalman, Williams and Mayor Settle
NOES: None
ABSENT: None
MAY All n Se t e
ATTEST:
c
T ERK iane ladwell
APPROVED AS TO FORM:
CI�TTORNEY Jeffrey Jorgensen
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R -8416
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