HomeMy WebLinkAbout3740-3799• RESOLUTION NO. 3799 (1979 Series)
RESOLUTION TO PLACE A MAYOR AND COUNC•ILPERSON
SALARY INCREASE MEASURE ON THE NEXT ELECTION
BALLOT FOR CONSIDERATION BY THE VOTERS OF SAN
LUIS OBISPO
WHEREAS, the annual salary for Mayor of $3,000 and the annual salary
for Councilperson of $1,800 was established by the people on April 16, 1969
and
WHEREAS, no increase in salaries has since taken place, and
WHEREAS, inflation has made such serious inroads into the purchasing
power of the dollar that according to the U.S. Consumers Price Index it now
takes $1.94 to purchase the same goods and services that $1.00 would purchase
when the Mayor and Councilpersons salaries were established in 1969.
WHEREAS, increased growth of city population and increased complexity
of government services necessitated thereby has increased the time which the
Mayor and Councilpersons must now devote to their offices, and
WHEREAS, fair and reasonable compensation -for the Mayor and Council-
persons would insure that any citizen could accept these offices without
incurring individual financial hardship, and
WHEREAS, the San Luis Obispo Charter requires that any increase in
Mayor and Councilpersons salaries be determined by a vote of the people.
NOW, THEREFORE, BE IT RESOLVED,
1. A measure to increase salaries of`the Mayor and Councilpersons
be placed on. the ballot of the next election to be held in the City of San
Luis Obispo.
R 3799
• Resolution No. 3799 (1979 Series)
2. That salaries be increased to recognize both the inroads of
inflation and the increased demands of these offices.
3. That the salary of Mayor be increased from $3,000 to $6,000
and the salary of Councilperson be increased from $1,800 to $4,200.
4. That salary increases, if approved by the electorate, become
effective on the first day of the first month following the expiration
of the ballot challenge period.
FURTHER, BE IT RESOLVED, that the City Clerk be designed as the
staff member responsible for placing this measure complete and in proper
form on the next ballot.
On motion of Mayor Schwartz seconded by Councilman
Settle and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
the foregoing resolution was passed and adopted on this 20th day of
March , 1979.
ATTEST:
C C erk J.H. Fitzpatrick R 3799
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
City Attorney Cagy Administrative
RESOLUTION NO. 3798 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO REGULATING TRANSPORTATION OF kAZARDOUS
AND NUCLEAR MATERIALS THROUGH THE CITY'OF SAN LUIS
OBISPO
WHEREAS, the City Council of the City of San Luis Obispo is aware
that large amounts of hazardous materials are transported through the
City by railroad and trucks, and
WHEREAS, these materials are transported through the City of San
Luis Obispo without any notification to the officials of the City,
NOW, THEREFORE, be it resolved by the Council of the City of San
Luis Obispo that
1. This City Council go on record supporting the regulation
of and local control over the transportation of hazardous and nuclear
material through the City of San Luis Obispo..-
On motion of Councilman Jorgensen, seconded by Councilman Settle,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None _
_:ABSENT: Councilman Petterson
the foregoing Resolution was passed and adopted this 20th day of March,
1979.
ATTEST:
itzpatrick, City Clerk
Approved as to form: Approved as to content:
R 3798
s •
RESOLUTION NO. 3797 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO INCREASING THE REVENUE'SHARING FUND APPROPRIATION
FOR THE 1978/79 FISCAL YEAR.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the
following revenue sharing fund appropriation account by increased to
provide additional funds for the installation of computer equipment
for computer aided Fire and Police dispatch.
Account No. Description Amount
(40):30 -4061 -744 Consolidated Police /Fire
Communication Center $35;000. DR.
30- 0510 -000 Appropriations 35,000: CR.
30- 0600 -000 Unappropriated Fund Balance 35,000. DR.
On motion of Counciiman Jorgensen seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
the foregoing Resolution was passed and adopted this 20th day of
March 1979.
ATTEST:
C lerk J.H. Fitzpatrick
Approved as to form:
City Attorney
Approved as to content:
R 3797
RESOLUTION NO. 3796 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR
FISCAL YEAR 1979/1980 AND FOLLOWING YEARS.
WHEREAS, the City Council held a public hearing on March 20, 1979,
to consider the proposed 1979 -1980 Capital Improvement Program; and
WHEREAS, said program was approved by the Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. This Council hereby adopts the 1979 -80 Capital Improvement
Program attached hereto marked Exhibit "A" as amended and thereby incorporated
herein.
Ori'motion of Mayor Schwartz, seconded by Councilman Settle, and on
the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
the foregoing resolution was pa
ATTEST:
Fitzpatrick, City Clerk
Approved as to form:
adopted this 20th day of March, 1979.
r Kenneth E: Schwartz
Approved as to content:
City Attorney Ci y inistrative Officer
RESOLUTION NO. 3795 (19 79 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
SAN LUIS TRANSPORTATION, INC. FOR PUBLIC TRANSPORTA-
TION SERVICES FOR THREE YEARS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "I"
and incorporated herein by reference, between the City of San Luis Obispo and
San Luis Transportation, Inc., for public transportation services for three
years commencing April 1, 1979,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: San Luis Transportation,
Inc., Finance Department, Director of Public Services
On motion of Councilman Jorgensen seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 13th day of March ,
19 79.
ATTEST:
C` C1 erk J. H. Fitzpatrick
Approved as to form:
A/
City Attorney
}
Approved as to content:.
i
City A a ive Officer
PUBLIC TRANSPORTATION AGREEMENT
This agreement; dated March 13 1979, for the convenience
of the parties hereto, is by and between the CITY OF SAN LUIS OBISPO,
a chartered municipal corporation (hereinafter "City ") and SAN LUIS
TRANSPORTATION; INC:,..' .
(hereinafter "Company ") .
WITNESSETH:
WHEREAS; City desires to continue to provide a dependable
public transit system for the convenience and necessity of its citi-
zens; and
WHEREAS, the public interest would be served by the operation
of such a public transit system.
NOW, THEREFORE, City and Company, for and in consideration
of the mutual benefits, promises and agreements set forth herein do
agree as follows:
1. Public Transit System; Term; City Option to Award Franchise.
a. Company will operate a public transit system for three
years beginning April 1, 1979, in accordance with the terms of this
agreement and all applicable�� state and city laws and regulations,
including but not limited to those concerning passenger safety and
vehicle maintenance.
b. (1) City reserves the right to grant to any person or
entity, including Company, a franchise -- pursuant to Article X of
the Charter of the City of San Luis Obispo -- for the furnishing of
the transit system services provided for in this agreement. In no
event, however, shall such a franchise be granted prior to October 1,
1980. On the granting of such a franchise during the three year
term hereof, this agreement shall terminate and, notwithstanding
any provisions herein to the contrary, Company shall have no further
rights or obligations hereunder.
(2) Although City reserves the right to grant such a
franchise on any terms and conditions it deems advisable, at the
time of the execution of this agreement it is City's intention that
if such a franchise is granted the vehicular equipment required
shall be similar to or the same as that required by this agreement.
2. Payments to be Made by City.
In consideration of the performance of the conditions
set forth herein, City agrees to pay Company the following amounts
per route mile for the stated periods:
Amount per Route Mile
$2.04
$2.35
$ 2.55
Period
4/1/79 through 3/31/80
4/1/80 through 3/31/81
4/1/81 through 3/31/82
The Company shall furnish to City a monthly report of
operated mileage and farebox collection in such form as required
by the City. Payments to Company shall be based upon said monthly
report, and shall be for the difference between the amount due and.
the fares collected. Payments shall be made in accordance with
normal City procedures for the payment of vendor claims, subject
to certification of its authorized officials that all of the con-
ditions of this agreement have been complied with by Company.
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O J
3. Fares.
Company shall collect fares for public use of its passen-
ger stage vehicles. Company will act as the City'z agent in the
collection and accounting of said fares. All passenger fare revenues
so collected shall be the property of the City until paid to Company
by deposit in the Company's bank account. All fare counting shall
be done by Company's bank and Company shall be responsible for paying
any charges by the bank for such service. The fares shall be es-
tablished by the City, with the City retaining the right to change
the fares at any time.
4. Routes. Hours or Schedules.
Company shall provide service along the routes set forth
upon Exhibit "A ", attached hereto and thereby incorporated herein,
and in conformance with the schedules set forth upon Exhibit "B ",
attached hereto. By mutual agreement, the parties may amend routes,
hours, or schedules from time to time, provided that the total hours
and route mileage of vehicle operation per week shall not be changed
by more than 5 percent. No vehicle shall be serviced while being
operated on a route, and no charge shall be made for mileage required
for the servicing of vehicles.
City, at its option, may require shuttle bus service
between the City Hall and Cal Poly. For time increments of less
than three (3) hours, payment for this service shall be at 1.5 times
the standard rate per mile driven.
5. Vehicular Equipment.
Company shall furnish the following vehicles:
Three (3) 1978 or newer, 25- passenger or larger buses
for primary route service and two (2) 1974 or newer, 20- passenger
or larger buses for shuttle, relief and standby service.
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0 0
Vehicles shall be commercially prepared buses similar
to those produced by Flexible, GMC, AMC, Twin Coach, Argosy, and
Trans Coach. Converted motor homes or school buses will not be
acceptable except for shuttle and relief use. Any vehicle intended
for use must be approved by the Director of Public Services.
Buses shall operate on natural gas as the primary fuel,
with gasoline as a backup fuel.
Buses shall not exceed a maximum length of 25 feet;
provided that City, in its sole discretion, may allow buses of a
greater length which meet all the other requirements of this agree-
ment. Buses shall be equipped with passenger door operated from
the driver's seat, and with an audible signal indicator for passen-
ger use. Color identification and exterior appearance shall meet
approval of the Mass Transportation Committee.
All operating vehicles shall be maintained in a clean,
neat, and safe condition as determined by the Director of Public
Services.
Each operating vehicle shall be equipped with a locked
box -type fare box, acceptable to the City, together with sufficient
locked vault boxes to adequately provide for all weekend, holiday,
and standby bus needs. The locked boxes shall be numbered for
identification. All keys to the boxes shall be held by the Company's
bank and /or the City Finance Director. The Company shall not have
direct access to fare box collections prior to bank deposit.
Each bus shall have a counter for counting passengers
boarding the bus. The counter shall be fixed to the bus and located
in a place convenient to the driver. Drivers shall record such
information concerning passenger count, route, etc., as requested
by the City to enable City to keep accurate records of the operation.
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G •
The Company shall equip each bus with easily readable
signs identifying the route on which the bus is operating. The
signs must be readable from the front and right -hand side of the
vehicle. Signs shall be approved by the Mass Transportation
Committee. A dispenser for holding schedules shall be fixed on
each bus.
No advertising shall be allowed either on the inside or
outside of the bus. The only identification on the bus shall be
the normal manufacturer's identification, the Company's name, the
City's name, and the route identification sign described above.
The Company shall purchase, install and maintain radio
units in each vehicle being used for regular primary route service.
City, in its sole discretion, may allow deviations from
the requirements of this section for no more than the first three
months of the term of this agreement, upon posting of a security
in a form and amount satisfactory to City.
6. Public Contact.
Company shall maintain or provide an office or local
representative within the City, including a listed telephone, and
a person shall be available for public contact during normal business
hours.
Company agrees that drivers will abide by the Driver's
Policies and Responsibilities as outlined on Exhibit "C ". The
Company also agrees to submit a written report explaining reasons
and circumstances involved in any delay resulting in buses becoming
30 minutes behind schedule. The report shall explain how the problem
will be corrected so as not to recur in the future.
-5-
7. Promotion of Public Transit.
City shall encourage public use of the Company's vehicles
through such promotional campaigns and the expenditure of such funds
as City, in its sole discretion, deems best, including, without
limitation, pamphlets, questionnaires, and bus stop facilities.
8. Bonds Required.
Company shall furnish and maintain a cash or corporate
surety bond in the sum of $15,000.00 conditioned upon the faithful
performance of the terms of this agreement, and shall furnish an
additional bond in the sum of $10,000.00 to guarantee payment of
all labor claims. In lieu of the above, City may, in its sole
discretion, accept some other type security in the stated amounts
guaranteeing operation of the system and payment of labor claims
in case of non- performance or non - payment.
9. Insurance.
Company shall provide the City with a certificate of
insurance evidencing coverage for Comprehensive General and Auto-
mobile Liability Insurance, including Personal Injury with Bodily
Injury and Property Damage limits of not less than One Million
Dollars ($1,000,000.00) per occurrence. Such insurance coverage
shall be with an insurer acceptable to the City.
The City of San Luis Obispo, its council members, officers,
boards, commissions, employees and agents shall be included therein
as additional insureds, and said policy shall not be subject to can-
cellation or material change in coverage without thirty (30) days
written notice by certified mail, return receipt requested, to the
City.
-6-
10. Auditing and Accounting.
Company shall maintain such records and accounts as the
City shall require. Company shall, at its own sole expense, have
its records and accounts audited annually by an independent accoun-
tant and shall present said audit to the City Finance Director
within 30 days after the completion of the audit. City may make
its own audit of Company's records and accounts at or about said
time, if it so desires.
The City shall have the right through its representative,
and at all reasonable times, to inspect such books and records,
including State of California and federal tax records and returns.
Company hereby agrees that all such records and instruments are
available to the City.
Company agrees that as part of its record keeping ac-
tivity it shall at its own cost and expense install and maintain
a system for the independent accounting and security of fare box
collections as may be deemed necessary by the City.
11. Hold Harmless.
Company agrees to, and shall, hold the City of San Luis
Obispo, its council members, officers, boards, commissions and
employees harmless from any liability for damages or claims for
damages resulting, or alleged to have resulted, from personal in-
jury, including death, as well as from liability or claims for
property damage, which may arise or be occasioned in any way from
Company's operation and management of a public transit system under
this agreement. Company further agrees to, and shall, defend the
City of San Luis Obispo, its council members, officers, boards,
commissions, and employees from any claims, actions.or suits for
damages or loss whatsoever, caused or alleged to have been caused,
-7-
by reason of Company's operation and management of a public transit
system under this agreement.
12. Sale or Transfer.
Company agrees that it will not sell, assign, or transfer,
in whole or in part, any right, title, or interest it possesses by
reason of this agreement, to any other person, without first obtain-
ing the written.consent of City to such sale, assignment or transfer.
13. 'Notices.
All notices; statements, demands, requests, consents,
approvals, authorizations, offers, agreements, appointments, or
designations hereunder by either party to the other shall be in
writing, and shall be sufficiently given and served upon the other
party, if sent by United States mail, certified, return receipt
requested, postage prepaid, and addressed as follows:
CITY: City Clerk
City of San Luis Obispo
P. O. Box 321
San Luis Obispo, CA 93406
COMPANY: San Luis Transpor- tation,.Inc.
950 Morro Street
San Luis Obispo, CA 93401
14. Company Independent Contractor.
It is understood and agreed that Company, at all times
and in all its operations herein agreed to be performed by Company,
is an independent contractor, and Company shall at all times have
exclusive control of the work and services to be furnished under
this agreement, and shall have the exclusive right to hire and /or
discharge all.persons supplying services hereunder, and said
Company shall in no event be deemed to be an agent of the City,
and the City shall not have any right of control as to the mode
of doing the work contracted for herein, except as otherwise provided
in this agreement.
15. Termination or Default.
All the terms and conditions of this agreement are con-
sidered material and in the event Company defaults in the performance
of any of the covenants or agreements to be kept, done, or performed
by it under the terms of this agreement, the City shall give Company
10 days written notice either by mail or by personal service, setting
forth the default, and if Company fails, neglects or refuses for a
period of more than 10 days thereafter to make good or remedy the
default, then the City without further notice may cancel this agree-
ment without further obligation to Company.
IN WITNESS WHEREOF, this agreement is executed by both parties.
ATTEST:
sZ J. H. FITZPATR_ ICK_
City Clerk
COMPANY:
San Luis Transportation, Inc.
By:
Its • a ric fining on
Vice - President, Gen ral Manager
CITY OF SAN LUIS OBISPO,
a municipal corporation
BV: sL KEI U! - :- S:'i vVARTZ
-9-
Its Mayor
Approved as to form:
City Attorney
Approved as to content:
Admini trative Crfficer
Director of Public Services
i nce cto
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EXHIBIT C
Driver Policy
1. All buses to be driven in a safe manner. Care should be exercised to
be sure passengers are seated before starting.
2. Adherence to schedule is necessary. Layovers are provided as a means
to offset traffic delays and drivers should not attempt to make up •-
time by increasing speed. Under no condition should a bus be ahead of
schedule at check points.
3. Drivers should be in uniform and neat in appearance. .
4. Drivers shall be courteous to passengers at all times.
S. Drivers' failure to follow these policies and responsibilities shall be
cause for dismissal.
Dr_ - Res -nonsibility
1. Driver must notify all passengers when a transfer is necessary when buses
change routes.
2. Driver must insure that proper fare is placed in fare box. If problems
arise, notify office.
3. Driver must insure that passengers (except those transferring) are
counted.
4. Drivers' suggestions to improve service should be submitted to City
Public Services Office through San Luis Transportation.
5. Drivers must prepare a written report of bus malfunctions to be submitted
to San Luis Transportation.
6. Driver shall submit a written report for all vehicles and personal accidents.
7. Driver must notify office immediately if vehicle is unable to continue
operation.
RESOLUTION NO. 3794 (19-79 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
THE COUNTY OF SAN LUIS OBISPO FOR FEDERAL AID OFF -
SYSTEM PROJECTS FOR FISCAL YEAR 1978 -79.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement., attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
"the County of San Luis Obispo entitled "City- County Agreement Federal Aid Off-
System Project ",
is hereby approved and the Mayor is authorized to execute the same.
SECTION Z. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: the City Engineer,
County of San Luis Obispo
On motion of Councilman Settle seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution.was passed and adopted this 13th day of March ,
1979.
ATTEST:
C" rk J.H. Fitzpatrick
_ _ R 3794
O
Approved as to form:
✓' V
City Attorney
Approved as to 'content:
City AMY tra i e Officer
L city nginee
CITY- COUNTY AGREEMENT
FEDERAL AID OFF SYSTEM PROJECT
This Agreement, entered into this 5 day'of
1979, by and between the County of San Luis
Obispo, a political subdivision of.the state of California,
herein referred to as "County ", and the City of San Luis
Obispo, herein referred to as "City ",
WITNESSETH:
WHEREAS, on February 16, 1979, California Department of
Transportation forwarded official notice of apportioned
amounts due San Luis Obispo County under-the Federal Aid
Highway Act in accordance with the provisions of Section
2530 of the Streets and Highways Code; and.
WHEREAS, Section 2532 of the Streets and Highways Code
requires the County within sixty days of receiving such
notice to notify the Department of Transportation as to the
amount of apportionment the County and its cities wish to
claim; and
and
WHEREAS, the County has complied with said requirement;
WHEREAS, this Agreement pertains to the apportionment
for the fiscal year 1978 -79; and
WHEREAS, the County is entering into this agreement for
the purpose of distributing funds under this program as
required by Section 2530 (c) of the Streets and Highways
Code; and
WHEREAS, the method of fund allocation is based upon
the ratio that the City's population bears to the total-of
the County population.
NOW, THEREFORE, IT IS MUTUALLY AGREED BETWEEN THE
PARTIES HERETO AS FOLLOWS:
1. COUNTY agrees that CITY may receive approximately
$42,247.36 which is 24.91% of total County of San
Luis Obispo allocation from Federal Aid Highway
Act funds.
2. CITY agrees to match the said dollar amount (of
paragraph 1) with approximately $8,569.04 (16.88%
of amount received) and to spend the total amount
on projects which comply with the Federal Aid for
Safer Off - System Roads Act.
V
IN WITNESS WHEREOF, the parties have executed this
agreement by their duly authorized officers as of the day
and year first above written.
CITY OF SAN LUIS OBISPO COUNTY OF SAN LUIS OBISPO
BY BY _ iTGla aft �7G�2r '.«r�
Mayor Chairman ot Vie Board ot Supervisors
ATTEST: Authorized by Board'action on
1979
By
Clerk, City of San Luis Obispo
ATTEST:
JW /nt
By MISBETH
C er of
APPROVED AS TO FORM ANDY LVAL %AFFECT:
James B. Lindholm, Jr. Count Counsel
By
u y my Counse
Date: A - 7 9
19(F -1 thru F -2''�
IN THE BOARD OF SUPER IISORS
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
Mon March 5 79
--- - - - - -- day ----------------------- -,19 - - --
PRESENT: Supervisors Steve Mac. Elvaine, Kurt P. Kupper, Howard D. Mankins,
Richard J. Krejsa, and Chairman Hans Heilmann
ABSEtiP%: None
In the Matter of Consent.Agenda:
Consent Agenda Items F -4, F -7 -and F -28 withdrawn for separate
act=ion. On motion of Supervisor Mankins, seconded by Supervisor
Mac Elvaine, and carried on the following roll call vote, to wit:
AYES: Supervisors Mankins, Mac Elvaine, Krejsa, Chairman
Heilmann.
NOES: None
ABSENT: None
ABSTAINING.: Supervisor Kupper
Consent Agenda Items F -1 through F -28 are approved as recommended
by the Administrative Officer and as amended by this Board. Item
F -3 is RESOLUTION NOS. 79 -80 and 79 -81. Item F -10 is RESOLUTION
NO. 79 -82. Item F -11 is RESOLUTION NO. 79 -83. Item F -12 is
RESOLUTION NO. 79 -84. Item F17 is RESOLUTION NO. 78 -85. Item F-
21 is -RESOLUTION NO. 79 -86. F -25 is RESOLUTION NO. 79 -87. F -27
is RESOLUTION NO. 79 -88. Said Consent Agenda Items F -1 through
F -28, as amended, are on file in the Office of the County Clerk
and are available for public inspection.
cc: file
S1kWf 4 :� LIFORNI A,
County of San Luis Obispo, } ss.
I, __ ___ ____.______ MISBETH WOLLAM Count} Clerk and ex- officio Clerk
of the Board of Supervisors, in and for the County of San Lnis 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
day of --------- llanzb -------- _, 19 -_791.
MISBETH WOLLAM
---------------------------------------------
County Clerk and Ex- Officio Clerk of the Board
(SEAL) of Supervisors
By _�_�v ----- - - - - --
Deputy Clerk.
CD -33
F— (�
3�s -79
B/S AGENDA FOR 3 -5 -79 PAGE 3
F -7 Request of John & Dorothy Lupus for reconsideration of CO 78 -57, a
proposed division. of'a portion of Lot 130, Block 7; Atascadero, and
recommendation of Planning Department. (RECOMMEND RECONSIDERATION
REQUEST BE DENIED.)-
F -8 Request for approval of 2 CETA Title VI projects: 1) Cal Poly Records
Technician, and 2) Atascadero Unified School District Groundskeeping and
Landscaping. (RECOMMEND APPROVAL.)
F -9 Request for approval of CETA 'Work Site Agreement with the Cambria
Community Hospital District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN
TO SIGN.)
F -10 Resolution approving avigation easement from Larry M. & Marianne Atles
over property near the San Luis Obispo - County Airport. (RECCIMMENO
APPROVAL)
F -11 Resolution approving avigation easement with Walter Brothers Construction
Company Inc.. for the vicinity of the San Luis Obispo County- Airport.
(RECOMMEND APPROVAL)
F -12 Resolution approving amendment 11 to lease between San Luis Obispo
County and J. and S. Montague for use of space at 809 Los Osos Valley
Road in Los Osos for the Los Osos Public Library. (RECOMMEND APPROVAL
AND INSTRUCT CHAIIMAN TO SIGN LEASE AMENDMENT.)
i F -13 Submittal of amendment to agreement for architectural services for the
Phase II scope of work for E1 Chorro Regional Park. (RECOMMEND APPROVAL
AND INSTRUCT CHAIRMAN TO SIGN.)
` F -14 Response by Fish and Game Committee regarding proposed Camp Roberts
antlerless deer hunt. _(Response to B.O. 122, G -22 of 1- 22.79) (RE-
COMMEND ITEM BE RECEIVED AND FILED.)
F -15 Submittal of copy of Sacramento County Board of Supervisors resolution
in support of the new Presidential Commission on Alcoholism. (RECOMMEND
ITEM BE RECEIVED AND FILED.)
F -16 Submittal of copy of urgency ordinance of the Nipomo Community Services
District regarding the existence of a water shortage emergency con-
dition. (RECOMMEND ITEM BE RECEIVED AND FILED.)
F -17 Letter and resolution regarding Safer Off System Roads Allocation for
;Fiscal Year 1978 -79. (RECOMMEND APPROVAL.)
^ F -18 L/ Letter requesting authorization for chairman to sign agreements with the.
cities of Arroyo Grande, Grover City, Morro Bay, Paso Robles -, Pismo
Beach and San Luis Obispo Tor the distribution of the Safer Off System
Fund Allocation No. 3.. (RECOMMEND APPROVAL AND INSTRU C CHAIRMAN TO
SIGN.)
V- F -19 Letter requesting chairman to sign Senate Bill 325 claim for Fiscal Year
1977 -78 Revision 11. (RECOMMEND APPROVAL.)
F -20 Letter requesting chairman to sign Federal Aid Pavement darker Program
Supplement No. 2 (Revision No. 2). (RECOMMEND APPROVAL AND INSTRUCT
CHAIRMAN TO SIGN.)
F -21 Letter requesting approval of resolution approving a cooperative process
for determining project priorities for Federal Aid Urban funding.
(RECOMMEND APPROVAL.)
F -22 Letter requesting pay step increase for South Bay Fire District employee
(County Service Area No. 9 -8). (RECOMMEND APPROVAL.)
N F -23 Letter regarding the Los Osos Creels Disaster Assistance Work funded by
U.S. Soil Conservation Service. (RECOMMEND ITEM BE RECEIVED AND FILED.}
F -24 Letter requesting exoneration of cash bonds posted by David E. McKenna
in the-amount of $270 to guarantee.the. construction of improvements in
Parcel Map CO 76 -432. (RECOMMEND APPROVAL OF COUNTY ENGINEER'S RE-
COMMENDATIONS')
F45 Let -ter and resolution requesting acceptance of Parcel Map CO 77 -452, a
proposed subdivision by Michael Zimmerman, located on Callender Black
Lake Road 00741 and Verdugo Road (1194); 4th District_. (RECOMMEND
APPROVAL.)
RESOLUTION NO. 3793 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DECLARING THE RESULTS OF A GENERAL MUNICIPAL
ELECTION HELD MARCH 6, 1979.
WHEREAS, a General Municipal Election was held in the City of San
Luis Obispo on the 6th.day of March, 1979., which election was duly held
and conducted in the manner provided by the Charter of the City of San
Luis Obispo, and as provided by law for the purpose of electing a Mayor
and two (2) City Councilmembers; and
WHEREAS, under the provisions of City Council Resolution No. 3785
(1979 Series), the City Clerk was ordered to perform the official canvass
of the March 6, 1979 Municipal Election pursuant to the election laws of
the State of California; and
WHEREAS, a statement of the results of said election has been duly
entered by the City Clerk in the minutes and records of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that:
Section 1. The whole number of votes cast in said election within
the City of San Luis Obispo was 8,079.
Section 2. The names of the persons voted for, the office for which
each person was voted for, the number of votes given at each precinct to
each person and measure, are shown by the tabulation of votes, marked
Exhibit "A" and attached hereto, and by this reference incorporated herein
as though fully set forth.
Section 3. LYNN R. COOPER, the candidate having received the highest
number of votes cast at.said election for the office of Mayor, is hereby
R 3793
IN
Resolution No. 3793
(1979 Series)
declared elected to such office for the term prescribed by the City
Charter.
Section 4. 'MELANIE BILLIG and ALAN BOND, the two candidates having
received the highest number of votes cast at said election for the office
of City Councilmember, are and each of them is hereby declared elected
to such office for the'term prescribed by the City Charter.
Section 5. The City Clerk is hereby directed to sign and deliver
to each of said Lynn R. Cooper, Melanie Billig and Alan Bond a certificate
of election certifying to her /his election to her /his respective office,
as hereinbefore set forth.
On motion of ': Mayor Schwartz ,seconded by Councilman
Settle , and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 13th day of
Approved as to form: Approved as to content:
City Attorney C ty Administra Officer
is
l�
`J
C E R T I F I C A T E
I, J.H. Fitzpatrick, the duly qualified and acting City Clerk
of the City of San Luis Obispo, certify that the following is the final
statement of votes cast at the General Municipal Election held in the
City of San Luis Obispo on March 6, 1979.
1. Number of Voters in City 17,791
2. Number of Votes cast in City 8,079
3. Tabulation of Votes by person:
For Mayor:
Lynn Cooper 3,148
Kenneth E. Schwartz 3,032
Charles Andrews. 1,345
J.T. Adair 457
For Council:
Melanie Billig
3,182
Alan Bond
2,939
Allen Settle
2,653
Clell W. Whelchel
2,308
Gus Thomasson
1,875
Liz Fisher
1,448
Larry Robinson
775
4. Tabulation of Vote by Precinct
(Exhibit "A ")
5. Total Number of Votes per Person (Exhibit "A ")
6. Tabulation of Absentee Votes:
Ballots Received
800
Applications filed
484
Ballots Issued
484
Ballots Returned
462
Ballots Counted
462
Ballots Destroyed
338
800
Spanish Ballots Received
50
Spanish Ballots Issued
None
Spanish Ballots Destroyed
50
7. Tabulation of Absentee Votes by Person
(Exhibit "A ")
Witness my hand and the seal of the City of San Luis Obispo this 8th day
of March, 1979.
r:,
? Fitzpatrick, City Clerk
~` City of San Luis Obispo, California
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RESOLUTION NO. 3792 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO GRANTING ADDITIONAL TIME TO
FILE FINAL MAP FOR MINOR SUBDIVISION 77 -408.
WHEREAS, the subdivider of Minor. Subdivision 77 -408 has requested
an extension of time to complete the final map; and
WHEREAS, the City Council determined that the time extension is
justified to complete subdivision improvements,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION11. A 12 -month time extension for the filing of the final
map for Minor Subdivision 77 -408, is hereby granted. Said extension expires
on March 6, 1980.
SECTION :2. The conditions of approval contained in Resolution No.
3518 are hereby incorporated into and made a part of this time extension.
On motion of- Councilman Jorgensen, seconded by Councilman Petterson,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 5th day of March
1979.
y-or Kenneth E.
R 3792
Resolution No. 37C
Minor Subdivision No. 77 -408
page 2
ATTEST:
Ci lerc'k J. H. Fitzpatrick
Approved as to form:
City Attorney George Thacher
(1979 Series)
Approved as to ontent:
City Administrative Officer Leland Walton
Community Deyelopmff erector Henry Engen
i ngineer Wayne Peterson
t-
' I �� J
RESOLUTION NO. 3791 (19 79 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
A.O. RIGHETTI FOR RIGHT -OF -WAY CONTRACT AMENDMENT
FOR SANTA ROSA STREET WIDENING.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto •marked ;Exhibi- -t
and incorporated herein by reference, between the City of San Luis Obispo and
A. 0. Righetti for right -of -way contract amendment for Santa Rosa Street
widening, Parcel 180 -13,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Department of
Transportation, City Engineer
On motion of Councilman Petterson seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Jorgensen
the foregoing Resolution was passed and adopted this 5th day of March ,
1979.
ATTEST:
C' C er J.H. Fitzpatrick' R 3791
Resolution No. 3797
U
Approved as to form:
City Attorney
(1979 Series)
i
Approved as to content:
i
City AkErniffr&ftfe Officer
y n ' er
d}
R/W 0.5 -SLO -City of SLO
Santa Rosa Street
Parcel 180 -13
EA 130509
FAU M- Y394(1)
AMENDMENT TO RIGHT OF WAY CONTRACT
JAN 2 2 ;979
WHEREAS, A. O. Righetti, hereinafter referred to as Grantor,
and the City of San Luis Obispo, hereinafter referred to as City,
have heretofore entered into that certain Right of Way Contract
dated September 28, 1976, which contract sets forth the terms and
conditions under which City acquired certain property rights for
the improvement of Santa Rosa Street, as described in Grant Deed
No: 180 -13; and
WHEREAS, Subsequent to entering into said contract, certain
construction modifications in the improvement of Santa Rosa Street
have occurred which affect Grantor's remainder property; and
WHEREAS, It is now the desire of the parties hereto to amend
the Right of Way Contract dated September 28, 1976, to reflect
these construction changes;
NOW, THEREFORE, It is agreed by and between the parties
hereto that said Right of Way Contract shall be and is amended by
the modification of Clause 7 andthe addition of Clause 11, all as
follows:
Clause 7 (as amended)
At no expense to Grantor and at time of construction
of the improvement of Santa Rosa Street, the City or
its authorized.agent shall construct a poured -in -place
Portland cement concrete _wall and steps along Santa
Rosa Street, but upon Grantor's remainder property,
in accordance with the approved construction plans, a
copy of which has been previously furnished to Grantor.
It is understood that upon completion of the above
described work, the wall and steps "shall be considered
the sole property of Grantor, the maintenance and
repair of said property to be that of Grantor.
Permission.is hereby granted the City or its authorized
agent to enter upon Grantor's land, where necessary,
for the purpose of constructing said wall and steps..
Permission is hereby granted City or its authorized
agent to enter upon Grantor's land, where necessary,
for the purpose of constructing -said wall and steps.
Clause 11 (added)
At no expense to Grantor and upon completion of con-
struction of the improvement of Santa Rosa Street,
City or its authorized agent shall re- landscape
Grantor's front yard area in the manner and location
indicated on the sketch which is attached hereto as
Exhibit A and which by this reference.is made a part
hereof.
It is understood' that upon completion of the land-
scaping work, said landscaping shall be considered
the sole property of .Grantor, the maintenance and
repair of said property to be that of Grantor.
Permission is hereby granted City or its authorized
agent to enter upon Grantor's land, where necessary,
for the purpose of performing the re- landscaping work.
All other terms and conditions of the contract remain
unchanged:
IN WITNESS WHEREOF, The parties hereto have execute this
Amendment to Right of Way Contract this ;?Z, day of
1979.
District -Right of Way Agent
Acquisition Branch .
CITY OF SAN LUIS OBISPO
By. s1 KENN:7H E. SCHWARTZ
Kenneth E. Schwartz
Mayor
Approved as to form:
City Atto ney
Approved as to content:
ity Administrative Officer
ity En nee
LANDSCAPDQRK
Remove the trees and land"
scaping of front yard. .
Excavate soil and lower grade
of surface to wall height
and conform to walk and
sideyard elevations.
Sterilize soil and place vinyl
plastic over yard areas.
Construct 1" x 4" redwood
borders as shown (50+ l.f:)
Place 2" of rock over yard:
Plant small.junipers @ 4+ foot
intervals.
Limits of work area: Redwood borders.
-Replace the tree in the southerly
yard area with a tree species and
size selected by the City of
San Luis Obispo.
„ l
RESOLUTION NO. 3790 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 78 -282
LOCATED AT 2314 AND 2324; BROAD STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council, after consideration of the tentative map
of Minor Subdivision No. 78 -282 and the Planning Commission's recommendations,
staff recommendations and reports thereon,,makes` the following findings:
(1) The proposed parcel map and design are consistent with the General
Plan.
(2) The site is physically suited for the proposed type and density of
development which is permitted by the C -H zone.
(3) The design is not likely to cause substantial environmental damage,
or cause serious public health problems.
(4) The design of the proposed subdivision will not conflict with
public easements for access through, or use of, property within
the proposed subdivision.
SECTION 2. That the approval of the tentative map for Minor Subdivision
78 -282 be subject to the following conditions:
Cl) All new lot corners shall be staked by a registered civil engineer
or licensed surveyor.
(2) Subdivider shall install fire wall protection with parapet on existing
metal structure on parcel B to the approval of the chief building
official. This condition shall be met prior to final map approval.
On motion of Councilman Jorgens &e�ohded by Councilman Settle, and on the
following roll call vote.:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and a
ATTEST:.
Clerk, J. H.. Fitzpatrick
R 3790
; 'Resolution No.
Tentative Map
Page 2
3790
- Minor Sub. 78 -282
Approved as to form:
City Attorney, George Thacher
KB:vf
2/16/79
r"
U'
Approved as to� nt/
City Administrative /Officer, Leland Walton
Community Deve pment tment
Henry Engen, Di ector
ngi eer, aynPeterson
RESOLUTION NO. 3789 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION
NO. 78 -258, LOCATED AT 1350 MADONNA ROAD, 1353 ROYAL WAY,
AND 1405 -1469 GALLEON WAY.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION .1. That this Council, after consideration of the tentative map
of Minor Subdivision No. 78 -258 and the Planning Commission's recommendations,
staff recommendations and reports thereon, makes the following findings:
(1) The proposed parcel map and design are consistent with the General Plan.
(2) The site is physically suited for the proposed type and density of develop-
ment which is permitted by the C -N and R -2 zones.
(3) The design is not likely to cause substantial environmental damage,
or cause serious public health problems.
(4) The design of the proposed subdivision. will not conflict with public
easements for access through or use of property within the proposed
subdivision.
SECTION 2. That the approval of the tentative map for Minor Subdivision
78 7258 be subject to the following conditions:
(1) All new lot corners shall be staked by a registered civil engineer or
licensed surveyor.
(2) Subdivider shall dedicate an easement over drainage channel running
through parcel 2 for drainage and maintenance purposes. Exact location
and dimensions shall be to the satisfaction of the city engineer. This
requirement may be waived until such time as parcel is developed.
(3) Subdivider shall dedicate to the city sufficient area adjacent to
parcel 2 for Los Osos Valley Road right -of -way.
(4) Subdivider shall dedicate and improve with curb, gutter, sidewalk and
street paving sufficient area at westerly end of Madonna frontage
road to accommodate a 30 -foot curb -to -curb radius (40 -foot radius
right -of -way) cul -de =sac to the approval of the city engineer.
(5) Subdivider shall install firewall protection with parapet on existing
structure on parcel 3, two feet from new lot line between parcels 2
and 3, to the approval of the chief building official. This condition
shall be met prior to final map approval.
(6) Sidewalk improvements on Royal. Way frontage of parcel 2 are hereby
waived until such time as parcel 2 is developed.
On motion of Councilman Jorgensen,seconded by Councilman Settle, and
on the following roll call vote:.
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
R 3789
Resolution No—. 3789
Tentative Minor- Subdivision 78 -258
Page 2
the foregoing resolution was passed and adopted this
1979.
ATTEST:
,,,�Ver , J. H. Fitzpatrick
Approved as to form:
City ttorney, George Thacher
Community D elopment artment
Director; Henry Engen
C Wayne Peterson
(1979 Series)
5th I day of March ,
Approved as to content:
City Administrative Of icer, Leland Walton
RESOLUTION NO. 3788 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO DENYING APPROVAL OF TENTATIVE TRACT
MAP NO. 748, A 25 -LOT RESIDENTIAL SUBDIVISION
ON 8.09 ACRES ON ORCUTT ROAD BETWEEN FERNWOOD
AND LAWNWOOD DRIVES.
WHEREAS, Richard Burke has made application for approval of Tentative
Tract Map No. 748 which would create twenty -five lots for residential purposes
on 8.09 acres on Orcutt Road between.Fernwood and Lawnwood Drives ( Orcutt Hill);
and
WHEREAS, this council has considered the application, applicant's other
materials, staff materials, including all materials submitted to the Planning
Commission and the City Council at all meetings of the two bodies at which
Tentative Tract Map No. 748 was considered, discussed .arid /or acted upon, the
minutes of all Planning Commission meetings at which Tentative Tract Map No.
748 was considered, discussed and /or acted upon, and comments of staff,.appli=
cant and the general public made before this council;
NOW, THEREFORE,.BE IT RESOLVED by the Council of the City of San Luis
Obispo a "s follows:
Section 1. Based. upon the application, minutes and all. other materials
and comments mentioned hereinabove, this council makes the following findings:
a. The site is not ,physically suitable for the type of development
proposed by Tentative Tract Map No. 748.
b. The site is not physically suitable for the density of develop-
ment proposed by Tentative Tract Map No. 748.
C. The design of the subdivision and the proposed improvements'_
in .particular the need to remove and haul large amounts of earth from Orcutt
Hill -- are .likely to cause substantial environmental damage.
R 3788
C j
Resolution No. 3788 (1979 Series)
d. None of the findings (Municipal Code Section 9100.6.1.a, b and
c) necessary to grant the grading variances,required for the development proposed
by Tentative Tract Map No. 748 can be made.
Section 2. Based on the above, this council hereby denies approval of
Tentative Tract Map No. 748.
On motion of Councilman Jorgensen seconded by ,Councilman Settle
and. on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson; Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 5th_ day of _?arch 1979.
ATTEST:
E erk J.H. FFiiitttzpatrick,
Approved as to form:
Approved as to content:
r�I
A Y strative icer -
City Attorney
,;Community De lopment rector
RESOLUTION NO. 3787 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
MERRIAM, DEASY AND WHISENANT, INC. FOR CONSULTANT
SERVICES CONCERNING THE JACK RESIDENCE.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit '!I"
and incorporated herein by reference, between the City of San Luis Obispo and
Merriam, Deasy and Whisenant, Inc., for consultant.services concerning the
Jack Residence
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Merriam, Deasy and
Whisenant, Inc., Director of Parks $ Recreation, and Director of Finance.
On motion of Councilman Jorgensen , seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of March ,
19 79. -- _ - -- -
ATTEST:
C erc J.H. Fitzpatrick R 3787
Resolution No. 378.
Approved as to form:
City Attorney
(1979 Series)
Approved as to content:
City Administfative Officer
Director Parks $ Recreation
LETTER OF AGREEMENT FOR
ARCHITECTURAL AND INTERIOR DESIGN SERVICES
JACK RESIDENCE
Agreement made this - 5th day of March � 1979.
WHEREAS the City of San Luis Obispo desires professional Master Planning,
Architectural Design and Interior Design Services, and
WHEREAS Merriam Deasy and Whisenant, Inc. (hereafter referred to as
Consultant) has the professional capability to perform such services, it
is agreed as follows:
1. PROJECT COORDINATION
A.
Committee
The Jack Residence Committee shall develop and provide policy
direction to the Consultant in the City's behalf. Jim Stockton,
Director, Park and Recreation Department, shall act as Project
Manager for the City. -- --
B. Consultant
Consultant shall designate Charles Crotser, AIA, as Project
Manager for the Consultant and-he shall have overall responsibility
for the progress and execution of work identified in this agreement.
2. DUTIES OF CONSULTANT
A. Consultant shall provide specified services and materials identified
in Exhibit "A:"
B. Consultant shall observe local and State laws and codes as they may
apply to the project as identified in the work scope.
3. DUTIES OF CITY
The City through the Jack Residence Committee agrees to coordinate and
set policy as may be required to perform work described in Exhibit "A."
4. COMPENSATION
City shall pay consultant on an hourly basis up to a maximum of $2,500
for work described in Phases 1 and 2.. Work in later phases and compen-
sation thereof shall be agreed upon in writing prior to start'of work
by consultant. Consultant shall submit itemized invoices to the City
specifying work performed and payment due. Invoices shall be submitted
monthly and shall be due within 30 calendar days of invoice date. It is
further agreed that Mr. Merriam will donate his time as .a Public Service.
Hourly rates are set forth in Exhibit "B ".
5. TERMINATION
Either party may terminate upon seven days written notice in which
case:
A. Work performed by Consultant in carrying out the intent of the
work scope shall be due him by City.
B. Consultant shall return all original material to the City.
IN WITNESS WHEREOF City and Consultant execute this agreement on the day
and year written above.
FOR MERRIAM, DEASY AND WHISENANT, INC.
' , L
FOR CITY OF SAN LUIS OBISPO
By: s% KENNETH E. SCHWARTZ -
mayor Kenneth E. Schwartz
ATTEST:
sj J. H. FITZPATRICK
City Clerk J.H. Fitzpatrick
Approved as to form: ' Approved as to content:
City Attorney Admini.s rativ 7cer
Dir t r of Parks & Recreation
o 0
EXHIBIT "A"
JACK HOUSE WORK SCOPE
A. DETAILED SCOPE OF WORK: JACK HOUSE
1. Evaluation of Existing'Structure and Drawings of Record
- Phase One would involve a total evaluation of the existing house to check
for structural integrity, code compliance, and handicap requirements for
public facilities. Areas needing high priority attention (if any).for
reasons of public health and safety would be indicated along with an esti-
mated cost range of any required immediate improvements. An evaluation of
cestsa related to removal of the existing elevator;would - also be included.
Drawings of record would be submitted showing "as built" measurements of
all existing structures on the grounds„ floor plans, typical details (floor
and window) elevations and sections. Major electrical components and
plumbing lines would also be shown. Artistic rendenings of the building
(.interior and exterior) are not included in this proposal but may be
desirable and could be included_
2. Programming and Goals
This phase would involve a series of meetings between the Architect and the
bly augmented
Committee, possi by interested citizens and public officials
for the purpose of establishing the goals and priorities for use and
restoration of the Jack Home. We suggest that a special committee should
be established for this purpose. It should address such questions as:
What will the uses of the home be? e.g. museum, reception, replica of.l.9th _ —
Century America for the visitor? What kind of staffing will be required?
What level of restoration is desirable and who should do it? e.g. community
volunteer groups, the City? It would be the Architect's role to refine these
questions and to record the response.
From these meetings, a written document would be drawn up and submitted to
the appropriate agency. The program will then exist as an official guide
to all future master planning and design decisions.
3. Master Plan and Phasing Plan
This Phase would identify the major development tasks to be undertaken and
relate them to an overall priority system as identified in the Programming
Phase. It should also identify, as :far as possible, the cost range and the
potential groups that might carry out a particular construction project,
(e.g. City will provide bricks, if volunteer group will lay them in the
walk way). The end result of this phase will be a plan identifying projects
and a text identifying priorities and procedures so that all work done on
the Jack House will be completed in an orderly and compatible manner.
4. Design and Document Preparation'
This Phase will undoubtedly be subdivided into smaller components depending
on the priority of the work to be done, For example; the detailed design
of the fences and the garden area may have a high priority. The documents
would therefore be prepared before the design,of say,a major display. area.
The sequence of the design would obviously relate to the priorities estab-
lished in the Master Plan.
Concerning the interior, major emphasis would be placed on the interior
space utilization of the building and would deal with such concepts as:
a) Appropriate arrangement of interior spaces to serve such designated
functions i.e. receptions, banquets, recitals, rotating gallery
and permanent display areas.
b) Remodel and updating of kitchen and bathroom facilities.
c) Restoration of period accuracy in interior detailing, wall and
floor coverings, window treatments, and furniture.' A place for
restoration would,be proposed and worked out in detail with
knowledgeable and concerned local citizens (e.g. Louisiana Dart,
Jack Family decendants) and implemented with full respect to
present levels of code compliance (e.g. fireproofing, handicap
requirements, etc.)
5. Administration of Construction and Installation
This phase would vary depending on what was being done. We may be heavily
involved with administering a construction contract affecting the
structure or health- safety aspects of the building, but only minimally
so with the construction of walkways. On the other hand, installation
of furniture would require a good deal of supervision.
N OR
Merriam, Deasy and Whisenant, Inc._ Architecture /Planning /Engineering UH
U1
979 Osos Street, Suite F . San Luis Obispo, California 93401 (805) 543 -7057 H1 d
Effective December 1, 1978, our professional billing rates are as follows:
PRINCIPALS AND ASSOCIATES
Managing Principal
Principals
Associates
ARCHITECTURAL SERVICES
Project Managers
Designers
Technicians
Typist /Support
PLANNING SERVICES
Project Managers
Planners.
Technicians
Typist /Support
ENGINEERING SERVICES
Project Manager
Civil Engineers
Technicians
Typist /Support
EXHIBIT 9'
Andrew G. Merriam, A.I.A. Mackey W. Deasy, A.I.A.
$45.00 /hour
$38.00 /hour
$25.00 /hour
$17.50 — $22.50 /hour
$17.50 — $22.50 /hour
$15.00 $20.00 /hour
$12.50 /hour
$17.50 $22.50 /hour
$17.50 - $22.50 /hour
$15.Ob.= $20:00 /hour
$12.50 /hour
$20.00 - .$25.00 /hour
$20.00 - $25.00 /hour
$15.00 - $20.00 /hour
$12.50 /hour
Jay R. Whisenant, A.I.A.
�i
follows:
U 0
RESOLUTION NO. 3786 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO CONFIRMING COSTS OF
SIDEWALK CONSTRUCTION PURSUANT TO THE
MUNICIPAL CODE.
BE IT RESOLVED BY THE Council of the City of San Luis Obispo as
1. That pursuant to public hearings duly held, the Council hereby
determines that there are no objections or protests to the costs of construc-
tion submitted by the Superintendent of Streets and hereby confirms said
costs as submitted and as set forth hereafter.
2. That the hereinafter listed construction costs shall be paid
within thirty -one (31) days after the date hereof and any such costs remaining
unpaid thereafter shall be turned over to the City Tax Collector to be placed
as a lien against the property and collected with the City taxes, and subject
to the same penalties and costs if not paid on the first installment. The
property owners, addresses and construction costs are shown on Exhibit "A ".
3. That at the request of the property owners and in accordance with
Section 7350.3 of the Municipal Code, the Council hereby determines that the
assessments set forth may be paid in three (3) annual installments, including
interest at the rate of three (3a) percent per annum on the unpaid balance;
said interest to run from the first day of the month following passage of
this Resolution to the time payment is made in full of the principal amount,
provided that failure to pay any installment and interest when due shall
make the remaining principal balance and interest payable in full and subject
i
R 3786
A;
C�� O
Resolution No. 3786
01979 Series)
to additional penalties and interest as provided for City taxes and sub-
ject to the same procedure for foreclosure and sale. Said property owners,
addresses and construction costs are shown on Exhibit "B".
On motion of Councilman Settle seconded by
Councilman Dunin and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 5th day of
March 1979.
ATTEST:
C' lerk J. H. Fitzpatrick
-2-
Resolution No. 3786
Approved as to form:
i
e
ty Attorney
-3-
O
(1979 Series)
Approved as to content:
//,
City Administrative Officer
Director of Public Services
Cl
EXHIBIT A
i13
OWNER LOCATION AMOUNT
D. M. & J. Morris 628 Stanford Drive $1,085.10
B. W. Polin, etal 896 Mill Street 1,340.00
(Morro side)
OWNER
J. E. $ M. C. Hillard
J. E. Maino Estate
G. J. O'Hara
EXHIBIT B
LOCATION
AMOUNT
902 Peach Street
$2,941.25
also Morro side
1010 Peach Street
1,410.50
(Osos Street side)
1028 - 1025 Walnut
1,412.00
RESOLUTION NO. 3785 (1979 Series)
A- RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISP09 ORDERING THE CITY CLERK TO
PREPARE EARLY CANVASS OF ELECTION RETURNS.
WHEREAS, the City of San Luis Obispo will be conducting a General
Municipal Election on Tuesday, March 6, 1979; and
WHEREAS, the City Clerk is the city official responsible for
conducting all aspects of the Municipal Election; and
WHEREAS, the City Clerk will be using computer counting equipment
to tally the votes of said election;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the City Clerk is hereby ordered to conduct the official canvass
of election returns prior to the first Tuesday following the day of election,
but not to start before the 'Thursday following the day of election. The
City Clerk will conduct the canvass of votes cast in the March 6, 1979
election in accordance with the provisions of Division 12, Chapter.8, Section
17080 et. seq. of the Elections Code of the State. of California.
On motion of Councilman Dunin , seconded by Councilman .Tnrgpn -Pn ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: Councilmen Petterson and Settle
the foregoing resolution was passed and adopted this 27th day of Februarv,
1979.
ATTEST:
C clerk J.H. Fitzpatrick
R 3785
0 o
Resolution No. 3785
Approved as to form:
City Attorney George Thacher
(1979 Series)
Approved as to content:
C' Clerk J.H. Fitzpatrick
Noted:
Ci Administrat v ficer
Leland Walton
IWAI
RESOLUTION NO. 3784 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS_
OBISPO ESTABLISHING MONTHLY PARKING RATES FOR CITY
LOT NO: 14, LOCATED AT 630 MONTEREY STREET.
BE IT RESOLVED by the Council of.the'City of San Luis Obispo as
follows:
SECTION 1. Effective March 1, 1979, the monthly parking rate for
City Lot No. 14, located at 630 Monterey Street, will be $8.00 per space.
On motion of Councilman Jorgensen, seconded by Councilman Petterson
and on the following roll call vote
AYES: Councilmen Dunin, Jorgensen, Petter-son, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 20th day of February,
1979.
ATTEST.:
Approved .as to form: Approved as to content:
City Attorney inis rati fficer
in e e
R 3784
• �J
RESOLUTION NO. 3783 (1979 Series)
a•
1111111��111111�r 11;11111111 1111111q� 11111111111111liq �111 Fill III �1111111,1'1 I I iiiiiiiiiiiiiiiiiiiiiilillill
� s
7
WHEREAS, the San Luis Obispo Center of the California Conservation
Corps will be honoring LeRoy Chatfield, its Director, on February 21, 1979;
i
J ,
and
WHEREAS, this Council wishes to acknowledge the contributions to the
City of San Luis Obispo by the California Conservation Corps under the
direction of LeRoy Chatfield, including:
- Clearing of many creeks in Flood Control District #9, including
San Luis Creek and Prefumo Canyon Creek;
- Planting of over 400 trees in the City of San Luis Obispo as
part of an urban forestation project;
Building of a brick walk -way around the historic Jack Residence;
Building of a playground in Meadow Park;
Completion of an erosion control project at the Johnson Avenue
Overpass.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. This Council hereby expresses its gratitude and appre-
ciation for the contributions of LeRoy Chatfield to our community.
Section 2. This Council hereby wishes LeRoy Chatfield a productive
and happy future.
On motion of Mayor Schwartz seconded by Councilman.Joraensen,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 20th day of February,19i
AOO Fitzpatrick
yor Kenneth E. S
Approved as to form:
Approved as to content:
City Attorney City A inistrative Officer
0
C
The San Luis Obispo Center
of the California Conservation. Corps
would hereby .like to take the initiative
on this day of February Twenty - First Nineteen hundred and Seventy -Nine
in honoring an outstanding individual
LEROY CHATFIELD
for his tremendous efforts and achievements in the state
of California'for the State, Conservation and Youth.
WS REAS: LeRoy Chatfield's conservation ideas and values have been an
inspiration to all CCC Centers and are evomplified in the following
San Luis Obispo Center projects:
l _ Clearing of many creeks in Flood Control District: 19 over the
past two Sears including San Luis Crecy, See Canyon Creek-, Acacia
Creek, Arroyo Grande Creek, and Per.fumo Canyon Creek.
Plant its of over 440 trees in the city of San Luis Obispo as part
Pl its urban forestation project on California Conservation Day as
well as 19,000 total .last year.
_ - .Building of a brick walk -way around the historic Jack House.
- Building of a playground in Meadow Park in San Tabs Obispo.
Participation in the restoration and preservation of the Data
l - Obispo.
j
adobe, anot},er historical site i n San Ia�i.s
- Completion of the Johnson Street overpass erosion control project
4' for the city of San Luis Obispo.
Construction of a fuel break on the perimeter of the city of
Pismo Beach for fire protection; this project was completed 10
{ days prior to the Santa Barbara fire.
j. - Conducting of fish surveys at all of the maj or T'ESer'V1 GrS In Sari
Luis Obispo County and participation in extensive fish and wild-
Luis
life habitat improvement projects.
life a of Jojoba plants to 1) le an alternative to sperm whale
oil, making Span Luis Obispo One Or only tw0 places in file United
States growing Jojobas.
WHERE .S: Leroy Chatfield has e^"I'shed t:i e only stt: tc a"ency that
'i'. nrovides hard l•:o,:k,- d15C1pT.11'he L ?nc' opportunity for ac:vu:p ?r.c:rent for you:,(;
1 - •nppli'. r'.th:cen the ::l i'S of 1�`-' and 23; and in the la6t 10 months has
[i opened 20 CCC CenterO and we presently have over
1;, ^� COY'pS:T f_`!iC;ic Y'S In
the CCC.
WHEWAS: In the last; fi ro Sargon, throe ph TPRo;,,• Chat Field' , influence
•: •. ,rULlcut r - r the •.na`:e or cali.i:C)'.•:17.a than
_'::c support, more 1•:oe:o,: _ � .�
a`:, e•._r rou"?t fires in its WSW
iMMEREAS: Leroy Chatfield has served the state of California in the
following positions with insight, experience and good administration:
1977 - Director of California Conservation Corps
1976 - Director of Governor's Office Programming Policies
1075 - Original member of ALRB
iy ^4 - Director of Administration for Governor Brown
'11=17 —MRE: The San Luis Obispo Center of the California Conservation
Corp, has taken this.d<sy to honor a great man and inspired leader
L? 10Y CIiATFIELD
I
RESOLUTION NO. 3782 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
BOBBY KOBER FOR GOLF PROFESSIONAL SERVICES
UNTIL MARCH 31, 1979.
BE.IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement_, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Bobby Kober for golf professional services until March 31, 1979,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Bobby Kober,
Director of Parks & Recreation and City Finance Director.
On motion of Councilman Petterson
and on the following roll call vote:
seconded by Councilman Dunin
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 20th day of February ,
1979.
ATTEST:
y Clerk-J.H. Fitzpatrick
R 3782-
Resolution No. 3782 (� Seriek)
Approved as to form: Approved as to content:
City Attorney Cty i ist ative Officer
r
/Diirectox of Parks & Recreation
C: C
AMENDMENT EXTENDING AGREEMENT
GOLF PROFESSIONAL
The undersigned parties to the agreement dated March 16,
1977, and extended through February 28, 1979, between the City
and Bobby Kober, a copy of which is on file in the office of
the City Clerk, hereby agree to extend the agreement through
March 31, 1979.
All other terms and conditions of said agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
amendment to be executed on this
Attest:
tj A H. FITZPATRICK
City Clerk J.H. Fitzpatrick
Approved as to form:
20th day of February , 1979.
Golf Professional
&0�
Bobby Kober~
City of San Luis Obispo
s% KENNETH E SOW&RTZ
Mayor Kenneth E. Schwartz
Approved as to content:
City Attorney Cif Administrative officer
(Director,of Parks & Recreation
RESOLUTION 3781 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING FINAL APPROVAL OF MINOR SUBDIVISION
SLO -78 -193 LOCATED AT EL CASERIO CT. AND FLORA ST.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council previously made certain findings concerning
Minor Subdivision SLO -78 -193 as contained in Resolution No. 3694.
SECTION 2. This Council now grants final approval of Minor Subdivision
78 -193 (Sherwood Terrace Enterprises; Applicant).
On motion of Councilman Petterson seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted
1979.
ATTEST:
r'
Fitzpatrick
Approved as to form:
AIAAk' v
City Attorney
20th day of February ,
Kenneth E. Schwartz
Approved as to content:
i
City A-dm nistrative Officer
Community evelop Director
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R 3781
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RESOLUTION NO.3780 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING FINAL APPROVAL OF MINOR SUBDIVISION
SLO -78 -129 LOCATED AT 2,115 and 2119 KING ST.
(ROBERT LORANCE, APPLICANT).
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:.
SECTION 1. This Council previously made certain findings as contained
in Resolution No. 2618 (1978 Series).
SECTION 2. This Council now grants final approval of Minor Subdivision
SLO -78 -129 (Robert Lorance, Applicant).
On motion of Councilman Petterson, seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted
1979.
ATTEST:
C' C erk J.H. Fitzpatrick
Approved as to form:
20th
r xennetn t.
day of February ,
as to content:
Cit dm ns- rative Officer
Community De&elopm6noDirector
City E neer
R '3780
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RESOLUTION NO. 3779 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO DENYING APPROVAL OF TENTATIVE
MINOR SUBDIVISION NO. 78 -86, LOCATED AT
1425 WOODSIDE DRIVE.
WHEREAS, Hacienda Hospital, Inc. has made application for a minor sub-
division (M.S'. 78 -86) which would create three lots from the one existing at
1425 Woodside Drive, whereon is located Hacienda Hospital, a convalescent
hospital; and
WHEREAS, this council has considered the application, applicant's other
materials, staff materials, including all materials submitted to the Planning
Commission and the City Council at all meetings of the two bodies at which
M.S: 78 -86 was considered and /or acted upon, including City Council meetings
of October 17, 1978; and November- 8, 1978, the minutes of all Planning Com-
mission meetings at .'which M.S. 78 -86 was considered and /or acted upon; and
comments of staff and applicant;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. Based upon the application, minutes and all other materials
and comments mentioned herenabove, this council makes the following findings:
a. Because of the existing structures on the site to be subdivided,
the use of the existing structures as a convalescent hospital, the proximity of
the convalescent hospital to structures to be erected on the two smaller additional
parcels proposed by M.S. 78 -86, and the residential use of said smaller parcels,
the site is not physically suitable for the type of development proposed by
M.S. 78 -86.
b. Because of the existing structures on the site to be subdivided,
the use of the existing structures as a convalescent hospital, the proximity of
the convalescent hospital to structures to be erected on the two smaller addi-
R 3779
Resolution No. 3779
(1979 Series)
tional parcels proposed by M.S. 78 -86, and the residential use of said smaller
parcels, the site is not physically suitable for the proposed density of
development.
c. The proposed subdivision would be inconsistent with provisions
of the City's general plan (residential land use objectives of the land use
element) which call for residential designs to provide for privacy and pleasant
views to and from the development.
Section 2. Based on the above and Government Code Section 66474, the
application for M.S. 78=86 is hereby denied.
On motion of Councilman Petterson seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed
ATTEST:
C` e c Fitzpatrick
Approved as to form:
City Attorney
-2
adopted this 20th day of February_, 1979.
LI
Approved as to content:
City Aldnffinistrative Officer
Community DeVelopmentairector
RESOLUTION NO. 3778. (1979 Series)
A RESOLUTION OF THE.COUNCIL OF THE CITY OF SAN
LUIS OBISPO INCREASING CAPITAL IMPROVEMENT FUND
APPROPRIATIONS FOR THE 1978/79 FISCAL YEAR,
1. BE IT RESOLVED by the Council of the City of San Luis Obispo that
the following Capital Improvement Fund appropriation accounts be
established to provide for the initiation of CIP projects 807, 808 and
809 of the 1978/79 Capital Improvement Program.
Account
Description
(40) 40- 5760 -512
Mission Plaza - Nipomo Phase
148',000.
Design & Land Acquisition
(40)
(CIP No. 807)
(40) 40 -2152 -000
Microfilm Filing System
CR.
Equipment Acquisition
40- 5761 -624
(CIP No. 808)
(40) 40- 2580 -909
Laguna Lake Environmental
CR.
Management Plan
40 -5762 -723
(CIP No. 809)
40- 0510 -000
Appropriations-
40-0600-000
Unappropriated Fund Balance
Amount
$ 80;000. DR.
$- 15;;000. DR.
$ 53,000. DR.
$148;000.
DR
148,000.
CR.
148',000.
DR.
2. BE ST FURTHER. RESOLVED that the following Estimated Revenue and
Appropriation Accounts be adjusted to reflect revised estimates and project
status thru `2 -15=79 and the transfer of the Capital Contingency Reserve
to Unappropriated Fund Balances.
Account
Description
Estimated Revenues (Revised)
40- 1323 -000 C.O. Fund - Investment Earnings
Transfers From Reserves
40- 0430 -.000 Capital Contingency Reserve
40- 0530 -990 Intra Fund Transfers
Appropriations (Revised)
Amount
$ 9,100. CR.
$100,000. DR.
100,000.. CR.
(40)
40- 4062 -745
Police
Dept-.-.Security Fencing $
2,110.
CR.
(40)
40- 5760 -501
Santa Rosa Park Extension
10,500.
CR.
(40)
40- 5761 -624
Meadow
Park Lighting
3,100.
CR.
(40)
40 -5762 -723
Meadow
Park Playground Equipment
4,040.
CR.
(40)
40 =5760 =502
Laguna
Lake Golf Course Purchase
2,900.
DR.
(40)
40 -2580 -904
Special
Planning Studies
91750.
CR.
(40)
40- 6863 -832
City Hall
Parking Lot Reconstruction:
2,480.
CR.
(40)
40- 5761 -635
Meadow
Park Irrigation —
1.61200,
tCR.-
45,280.
CR.
R 3778
Resolution No. 377 979 Series)
Account Description Amount
Fund Balance
40 --0210 =000 Estimated Revenues & Transfers $109,100. DR.
40- 0510 =000 Appropriations 45,280: DR.
40- 0600 -000 Unappropriated Fund Balance 154,380.-, CR.
On motion of Councilman- PettersQn seconded by Councilman Jorgensea
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson; Settle and Mayor Schwartz.
NOES: None
ABSENT: None
the foregoing Resolution was passed and adgpted this 20th day of
February , 1979. I
yor RennethU .
ATTEST:
eik J.H. Fitzpatrick
Approved as to form: Approved as to content:
_ - - - -- - - --
City A torney -
I
R�,UTION NO. 3777(1979 Series)
RESOLUTION OF THE COUNCIL URGING THE DEPARTMENT
OF INSURANCE TO MAINTAIN A SYSTEM OF INSURANCE
RATES BASED ON GEOGRAPHIC LOCATION AND RELATED
CONDITIONS
WHEREAS, California law currently provides that automobile insurers may
use a system of territorial rating in allocating costs between insureds _.
in various geographic areas of the state; and
WHEREAS, the California legislature has refused repeated attempts by
legislators representing higher -rated territories to prohibit the use
of such a system, which would result in a statewide insurance rate; and
WHEREAS, a statewide average insurance rate would not reduce the overall
cost of insurnace to the public, but would merely reallocate existing
and future costs between insureds in various parts of the state; and
WHEREAS, a statewide average rate would increase insurance premiums for
approximately two - thirds of California's motorists, while reducing rates
for the one -third of motorists living in higher -rated territories; and
WHEREAS, elimination of territorial rating would be unfair to the residents
of San Luis Obispo because they would be required to subsidize motorists
in areas which have higher loss costs; and
WHEREAS,`the.Department of Insurance has scheduled hearings on territorial
rating to receive input from the public and their elected representatives
preparatory to reporting thereon to the Legislature pursuant to Assembly
Concurrent Resolution 100 of the 1977 -78 Regular Session; and
WHEREAS, information made available by automobile insurers indicates that
the elimination of territories and adoption of a statewide average rate would
increase average rates for a typical insured resident of San Luis Obispo by
40+ percent.
NOW THEREFORE, BE IT RESOLVED, that the City of San Luis Obispo, on behalf
of its residents, urges the Department of Insurance to maintain an equitable
system of allocating loss costs on the basis of the geographical area to
which such costs are properly charged; and
R 3777
01
RESOLUTION NO. 3777 (1979 Series)
BE IT FURTHER RESOLVED, that copies of this resolution be provided to the
Commissioner of Insurance for inclusion in the hearing record and to
Assemblywoman Carol Hallett and Senator Robert Nimmo.
On motion of Councilman Petterson , seconded by Councilman Jorgensen,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
ABSENT: None
the foregoing Resolution was passed and adopted this 20th day of February ,
1979.
ATTEST:
C erg J.H. Fitzpatrick
Approved as to form: Approved as to content:
c.
0
City Attorney City nis rative f ices
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CSOLUTION NO. 3776 (1979 Series
RESOLUTION OF THE CITY COUNCIL
OF SAN LUIS OBISPO
COMMITTING SAN LUIS OBISPO
ACTIVELY TO COOPERATE WITH OTHER LOCAL GOVERNMENTS
AND THE APPROPRIATE AGENCIES OF THE STATE OF CALIFORNIA
TO ENSURE THAT LOCAL CONCERNS ABOUT THE ECONOMIC AND
ENVIRONMENTAL EFFECTS OF PROPOSED LEASE SALE #53 ARE
FULLY AND FAIRLY MET BY THE FEDERAL GOVERNMENT,
BEFORE ANY OCS OIL DEVELOPMENT IS PERMITTED IN THE
OCS LEASE SALE #53 AREA
WHEREAS, the federal government, acting through the Department of
the Interior, is proceeding with its proposed Outer Continental Shelf
Lease Sale #53, for oil and gas development off the Northern and Central
California Coast; and
WHEREAS, local residents and local governments in the following
counties are affected: Humboldt; Mendocino, Sonoma /Marin; San Mateo /Santa
Cruz; and San Luis Obispo /Santa Barbara; and
WHEREAS, the Department of the Interior proposes to prepare a
comprehensive Environmental Impact Statement, by April 1980, evaluating
all the possible economic and environmental effects of the proposed
lease sale on the entire Northern and Central California Coast; and
WHEREAS, by federal law such Environmental Impact Statement must
fully and adequately identify each and every significant adverse impact
expected from the proposed lease sale, and propose measures to eliminate,
or to mitigate to the greatest degree possible such adverse impacts; and
WHEREAS, very significant adverse economic and environmental
impacts upon San Luis Obispo might result from the proposed Lease Sale
#53, and such sale should not ultimately go forward unless such impacts
can be eliminated or satisfactorily mitigated; and
R 3776
Resolution No.
® (1979 Series)
WHEREAS, neither local nor State government has any direct juris-
diction over the OCS Lease Sale #53 proceedings; and
WHEREAS, the State government and affected local governments must
fully and actively cooperate in order to have the maximum effect on the
ultimate decisions made by the federal government in connection with OCS
Lease Sale #53, to ensure that any economic and environmental impacts
are eliminated or satisfactorily mitigated before any commitment to oil
or gas production is made..
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City Council of San Luis Obispo hereby commits itself fully and
actively to cooperate with the approprate agencies of the State
government, and with other affected local governments, to ensure
that the economic and environmental impacts upon each local govern-
ment affected by proposed Lease Sale #53 are fully addressed, and
either eliminated or satisfactorily mitigated prior to any lease
sale by the federal government for oil or gas development, under
proposed OCS Lease Sale #53.
2. In connection with such cooperation, it is contemplated that some
or all of the following measures may be appropriately taken, from
time to time, as may be further authorized by the City Council:
a. Use of the technical and other staff of San Luis Obispo in
connection with the EIS process.
b. Cooperative or individual application (as may be appropriate)
for Coastal Energy Impact Program grants from the U.S. Depart-
ment of Commerce, to ensure that the federal EIS proceedings
in fact fully address all economic and environmental impacts
of concern to San Luis Obispo.
-2-
Resolution No.
3
4
0 (1979 Series)
c.. Attendance of officials or staff, as may be appropriate, at
meetings necessary to effectuate local and State government
participation in the further progress of proposed OCS Lease
Sale 7#53.
d. Other commitments of local resources, as may be further
authorized, necessary to protect local interests in connection
with the federal government's pursuit of OCS Lease Sale #53.
The City Council shall name one member of the City Council to serve
as a liaison between San Luis Obispo and other affected local
jurisdictions and the State government, and such member is directed
to attend such meetings as are necessary to establi.sh and carry out
a formal method of cooperation between the affected local governments
and the State government relative to proposed OCS Lease Sale #53.
The City is directed to send a copy of this Resolution, with the
name, address, and telephone number of the designated liaison
member, to the following person, who has agreed to act in the
initial instance to coordinate the various affected local governments:
Dated: February 20, 1979
Gary A. Patton
County Supervisor
701 Ocean Street
Santa Cruz, California 95060
-3-
Resolution No. 3776
C
4979 Series)
On motion of Councilman Jorgensen , seconded by Councilman Pe -te con ,
and on the following:-roll call vote:.
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 20th day of February ,
1979.
ATTEST:
C Clerk J.H. Fitzpatrick
Approved as to form:
City' Attorney
Approved as to content:
Cit Administrative Officer
RESOLUTION 90. 3775 (19,79. Series)
..
A RESOLUTION OF THE COUNCIL OF'THE.CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
RIVERSIDE BROADCASTING, INC. (KATY RADIO) FOR
LOCATION OF A RADIO TRANSMITTING.TOWER AT THE WASTE .
WATER TREATMENT PLANT.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION l.. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by.reference, between the City of San Luis,Obispo and
Riverside Broadcasting, Inc. (KATY Radio) for location of a radio transmitting
tower at the waste 'water treatment plant,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Director of Public
Services, Riverside Broadcasting, Inc. and the City Finance Department.
On motion of Councilman'Settle seconded by Councilman Dunin
and on the following roll call vote:.
AYES: Councilmen Dunin, Jorgen_sen,.Petterson, Settle and Mayor Schwartz.
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 20th day of February
19 79.
ATTEST:
y -Clerk J.H. Fitzpatrick - R 3775
Resolution No. 3775 O J (1979 Series)
Approved as to form: Approved as to content:
zi
George C. Thacher, City Attorney City Adm nstrat ve icer
Director 'of - Public Services" --
r _
Tinarrce irector
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L E A S E
AGREEMENT made and entered into this 20th day of February
1979, by and between the CITY OF SAN LUIS OBISPO, a municipal
corporation and political subdivision of the State of California
( "City "), and RIVERSIDE BROADCASTING, INC., doing business as
Radio Station KATY ( "KATY ").
W I T N E S S E T H:
1. City leases to KATY, and KATY hires from City, certain .
real property located in the City of San Luis Obispo, San Luis
Obispo County, California, being such portion of the premises of
the San Luis Obispo City Waste water Treatment Plant, as the
parties shall hereinafter mutually agree, and when such agreement
is reached KATY shall cause a plat to be made thereof describing
the premises with specificity, and when prepared, a copy of this
plat shall be attached to this Lease as Exhibit "A" and incorporat
herein by this reference as though copied in its entirety.
2. This Lease shall be for a term of five. (5) years, com-
menc i ng on March 1, 1979 and ending on February 29, 1984.
3. KATY shall have the option to extend this Lease for an
additional five (5) year period upon the expiration of the initial
term of this Lease and, except as provided hereinbelow, on the sam
terms and.conditions as appear herein. Provided, that exercise
of this opton.to extend shall be subject to the following con-
Iditions:
a. KATY shall give notice of its intent to exercise
this option to extend no later than six (6) months prior to the
date of expiration of the initial term of this Lease.
b. Exercise of this option shall be subject to the
.right of City to modify the rent payable hereunder for the option
period; however, parties mutually agree that modification of rent
shall not exceed the percentage rise in the Consumer Price Index
for the Los Angeles Metropolitan Area during the initial term.
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4. KATY agrees to pay City as rent for this Lease the sum
of One Thousand Dollars and 00 /100 ($1,000.00) a year during the
term of this Lease, which rent shall be payable in four (4) equal
cuarterly installments of Two Hundred Fifty Dollars ($250.00) each
on the first day of each calendar quarter during the term of this
Lease. Should this Lease commence on a day other than the first
day of a calendar quarter, the rental for that quarter shall be
prorated and paid upon commencement together with the rental for
the first calendar quarter following commencement. The final
quarter of the term of this Lease shall be similarly prorated and
paid.
5. a. At the expiration of the initial five (5) year term
of this Lease and in any period of holding over with the consent
of City after the expiration of the initial term of this Lease,
KATY shall be entitled to written notice to quit the premises to
be given by City in writing at lease two (2) years prior to the
date on which City desires KATY to quit the premises.
b. Notwithstanding any provisions to the contrary if
at any time during the initial term or option term of this Lease
the City determines that the leased premises are necessary for use
by the City as land for waste water treatment plant purposes, the
City may terminate this agreement upon at least one (1) year
written notice to KATY.
6. City shall be entitled to make any use of the leased
premises which is not inconsistent with the purposes for which
this Lease is made, and in this respect City hereby specifically
agrees that neither it nor its agents, employees, or assigns,
whomsoever, shall perform any act either on the leased premises
or on the premises of which the leased premises are a part which
will impair or interfere with the use of the leased premises as
a radio broadcasting transmitter site by KATY.
-2-
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1 7. KATY shall be entitled to use the premises herein leasec
2 for the purposes of installing and operating on the premises a
3 radio transmitter together with such appurtenant buildings and
4 facilities as may be necessary or convenient for the transmission
5 of radio signals.
6 8. City shall provide and KATY shall maintain a right-of-
7 way affording KATY reasonable ingress and egress to the premises
8 being leased. KATY shall also be entitled to an easement for full.
9 utilities and telephone on, over, and across the right -of -way.
10 9. KATY shall pay before delinquency all taxes, assessment:
11 licenses, and other charges that are levied and assessed against
12 KATY's personal property installed on or located in or on the
13 leased premises and against KATY's use of the real property leased
14 herein that become payable during the term of this Lease. This
15 clause shall not be construed to impose upon KATY any duty to pay
16 any taxes attributable to property not owned or used by it.,
17 10. KATY shall make all arrangements for and pay for all
18 utilities and services furnished to or used by it on the leased
19 premises, including, without limitation, gas, electricity, water,.
2p telephone service, and trash collection, and for all connection
21 charges.
22 11. KATY shall not assign this Lease in whole or in part
23 nor sublet the premises in whole or in part without the written
24 consent of the City first had and obtained, although City shall
25 not withhold its consent unreasonably. Any dissolution, merger,
26 consolidation, or other reorganization of KATY, or sale or other
27 transfer of a controlling precentage of the capital stock of KATY
28 sahll be deemed to be a voluntary assignment within the meaning
29 of this clause. The phrase "controlling percentage" means the
30 ownership of, and the right to vote, stock possessing at least
31 fifty -one (51) percent of the total combined voting power of all .
32 classes of KATY's capital stock issued, outstanding, and entitled
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Ito vote for the election of Directors.
12. No interest of KATY in this Lease shall be assignable
by operation of law (excluding the transfer of this Lease by
intestate or testate succession). Each of the following acts
shall be considered an involuntary assignment:
a. If KATY is or becomes bankrupt or insolvent,
makes an assignment for the benefit of creditors, or institutes
proceedings under the Bankruptcy Act in which KATY is adjudicated
a bankrupt; or, if KATY is a partnership or consists of more than
one person or entity, if any partner of a partnership or other
person or entity is or becomes bankrupt or insolvent; or makes
an assignment.for the benefit of creditors.
b. If a writ of attachment or execution is levied
Ion this Lease.
C. If, in any proceeding or action to which KATY is
a party, a receiver is appointed with authority to take possession
of the premises.
Any involuntary assignment shall constitute a default by
KATY and City shall have the right to elect to terminate this
Lease, in which case this Lease shall not be treated as an asset
of KATY,'except that KATY shall have sixty (60) days in which to
cure any default as defined above by' terminating any bankruptcy
or insolvency proceedings, releasing any writ of attachment or.
execution, and terminating the power of any receiver appointed
with authority to take possession of the premises.
13. KATY agrees to keep said premises in a clean, whole-
some condition, free from rubbish, garbage and like accumulations
of waste, and KATY agrees at all times to comply with all state,
federal and local rules and regulations with reference to the
operation and occupation of the premises in the conduct of the
business thereon, and to use its best efforts to keep down and
Ito prevent the spread of all noxious weeds and pests, except it
-4-
1 shall have no responsibility in these respects for the acts of
2 anyone other than itself, its agents, and its employees.
3 14. City shall have the right at all reasonable times to
4 enter upon the premises for the purpose of inspecting the same,
5 determining that all the terms, covenants and conditions of this
6 Lease are being kept and performed by KATY.
7 15. KATY shall hold City harmless from any and all damages
8 arising out of any damage to any person or property occurring in,
9 on, or about the leased premises, except that City shall be liable
10 to KATY for damage resulting from the negligent acts or omissions
11 of City or its authorized representatives. City shall hold KATY
12 harmless from all damages arising out of any such damage. The
13 parties' obligation under this clause to indemnify and hold the
14 other party harmless shall be limited to that sum which exceeds
15 the amount of insurance proceeds, if any, received by the party
16 being indemnified. KATY at its cost shall maintain public
17 liability and property damage insurance with a single limit of
18 One Million Dollars ($1,000,000.00) insuring against all liability
19 of KATY and its authorized representatives arising out of and in
20 connection with KATY's use or occupancy of the premises. All
21 public liability insurance and property damage insurance shall
22 insure performance by KATY of the indemnity provisions of this
23 clause. The parties hereto hereby release each other from any
24 and all claims which either may have against the other which
25 may supply the basis for a subrogation claim by anyone insuring
26 either.
27 16. Time is of the essence of this agreement.
28 17. Each of the terms, covenants, conditions of this Lease
29 are mutual and dependent, and any breach of any of the said terms,
30 covenants, or conditions shall constitute grounds for the termina=
31 tion, cancellation, or forfeiture of this Lease. In the event
32 of any such breach of any of the terms, covenants, and conditions
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1 hereof, City shall have the right to re -enter the said premises,
2 with or without the use of legal process, and may thereafter have
3 and hold the same as in their first and former state, free from
4 'any rights or claims of KATY by reason of this Lease; provided,
5 however, that KATY shall have a reasonable opportunity in which
6 to cure any defaults of any of the terms, covenants, or conditions
7 of this Lease.
8 18. In the event it becomes necessary for City to commence
9 any action or proceeding in law or equity to collect any payments
10 of rental due herein, or to enforce any of the other terms,
11 covenants, or conditions hereof, or to declare a forfeiture of
12 this Lease, or to enforce any other right of City under the terms
13 of this Lease, KATY agrees that in such event it will pay all
14 costs of such suit, action, or proceedings, including a reasonable
15 amount as and for attorney's fees, if City shall prevail in any
16 such proceedings.
17 19. This Lease shall be subject to and subordinate to all
18 laws, rules, and regulations of the Federal Communications Com-
19 mission and all federal, state, and local laws, rules and regula-
20 tions, including any and all conditions imposed by the City
21 Council and City boards and commissions.
22 20. This Lease shall extend to and be binding upon the
23 parties hereto, their representatives, assigns and successors,
24 whomsoever.
25 21. Any notice required or permitted to be given or served
26 under the terms here shall be deemed to be delivered and served
27 when deposited in the United States mail, certified mail, return
28 receipt requested, postage prepaid, addressed as follows:
29 CITY: City of San Luis Obispo
P. 0. Box 321, 990 Palm Street
30 San Luis Obispo, CA 93406
31 KATY: Riverside Broadcasting, Inc.
P. 0.. Box 841
32 San Luis Obispo, CA 93406
-6-
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22. This Lease contains the entire agreement of the parties
the matters covered and it may not be modified except by a
iting signed by the parties hereto.
23. This Lease shall be subject to the approval of the
Federal Communications Commission of the United States, and should
the Federal Communications Commission refuse to approve this Lease
then the rights of the parties hereto shall cease and determine,
and this Lease shall be of no further effect. KATY hereby agrees
to make application for the foregoing approval forthwith on the
application of this and prosecute the application diligently.
24. In the event that City, during the term of this Lease
or any period of holding over, receives a bona fide offer to pur-
chase the real property of which the leased premises are a part,
or any portion thereof, City shall notify KATY in writing of any
such offer and KATY shall have the right to purchase the leased
premises within sixty (60) days after the receipt of notice from
City on terms and conditions to be agreed upon by City and KATY.
25. KATY shall comply with all development requirements
established by the City.
26: KATY shall compensate City for.loss of revenue incurre
under current grazing lease while KATY is installing facilities
under the terms of this Lease.
IN WITNESS WHEREOF, the parties have executed this Lease
on the date first above written.
RIVERSIDE BROADCASTING, INC.
By:
Its:
CITY OF SAN LUIS OBISPO
Attest:
By: s% [" "WTH E. SCHWARTZ
s7 H. FITZPATRICK Kenneth E. Schwartz
ty Clerk J.H. Fitzpatrick Its Mayor
-7-
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Approved as to form:
City Attorney
U
Approved as to content:
Cit A a i.ve Officer
,
Director of Fubilp Services
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RESOLUTION NO. 3774 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN.
WHEREAS, the Planning Commission and City Council have held
hearings in accordance with the California Government Code and the General
Plan Amendment Regulations of the City; and
WHEREAS, the proposed amendment has resulted from a systematic
program to achieve consistency between the general plan and zoning regulations
and to periodically reevaluate general plan policies in response to changing
conditions and amendment requests from citizens; and
WHEREAS, the environmental impact of the amendment has been evaluated
and a negative declaration has been filed; and
WHEREAS, the amendment was considered at a public hearing held
February , 1979; and
WHEREAS, the amendment is fully described in Exhibit A, attached to
and made a part of this resolution:
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis-
Obispo as follows:
(1) The Urban Land Use and Growth Management Element of the
City of San Luis Obispo is amended as shown in the attached
exhibit.
(2) The Community Development Department shall see that this
amendment is reflected in the general plan maps and publications
which are on display in City Hall and which are made available
to the public.
(3) This amendment shall take effect thirty days from the date of
adoption of this resolution.
R 3774
r.
Resolution No. 3774
Page 2
On motion of Councilman Petterson , seconded by Councilman Settle, and on the
following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and
ATTEST:
Fitzpatrick
APPROVED AS TO FORM:
this 20th day of February , 1979.
APPROVED AS TO CONTENT:
George Thacher, City Attorney and Walton, City Administrative Officer
Henry Engen, ommunit velopment Director
drs
1/22/79
63F 07l61
CYP 07/47
r �
RESOLUTION NO. 3773 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ACCEPTING BID AND AWARDING A CONTRACT:
PROJECT: C -21, "EXPOSITION PARK, PHASE I"
BIDDER: Karleskint -Crum
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign d contract on behalf of the City for the following:
PROJECT: City Plan No. C -21, EXPOSITION PARK, PHASE I, IRRIGATION
ESTIMATE: $61,020 including 13% BUDGET ACCOUNT: 40- 5761 -635
contingencies
BIDDER: Karleskint -Crum BID AMOUNT: $39,805.00
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Dunin seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Settle
NOES: None
ABSENT: Mayor Schwartz
the foregoing resolution was passed and adopted this 6th day of February ,
1979.
ATTEST:
Ci rk J.H. Fitzpatrick
Approved as to form:
�O
Mayor Pro -Tem Steven A. Petterson
Approved as to content:
City Attorney City Administrative Officer
Funds Availab
in ance r or
a R 3773
M
RESOLUTION NO
K
3772 (1979 Series)
A RESOLUTION OF THE .COUNCIL OF THE CITY OF SAN
LUIS OBISPO INCREASING CAPITAL IMPROVEMENT FUND
APPROPRIATIONS:FOR THE 1978/79 FISCAL YEAR..
BE IT RESOLVED by the Council of the City of San Luis Obispo that the
following Capital Improvement Fund Appropriation account be established
to provide for.improvements to the Sinsheimer Park parking lot concurrent
with an agreement between the City and Vidar Corporation for the
construction and use of parking spaces by Vidar.
Account Description Amount
(40)40- 5762 -748 Sinsheimer / Vidar Parking Lot $25,'500. DR.
40- 0510 -000 Appropriations 25,500. CR.
40- 0600 -000 Unappropriated Balance 25,500. DR.
On motion of Councilman _Settle ,, seconded by Councilman Dunin. _ ,
and on the following roll call vote.:
AYES: Councilmen Dunin, Jorgensen, Petterson and Settle
NOES: None
ABSENT: Mayor Schwartz
the foregoing Resolution was passed and adopted this 6th day of
February_. 1979.
ATTEST:
,pty-Clerk 'J.H. Fitzpatrick
Approved as to form:
City Attorney—
Approved
ttorney -
rw' CCG��i
Mayor Pro -Tem Steven A. Petterson
Approved as to content:
Cit6f, Adkinisfrative Officer
Fi nc ector
R 3772.
RESOLUTION NO. 3771 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP SLO -77 -46
LOCATED AT 2413 AND 2415 SOUTH BROAD STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council previously made certain findings concerning
Parcel Map SLO -77 -46 as contained in Resolution No. 3579 (1978 Series).
SECTION 2. This Council now grants final approval of Parcel Map SLO -77 -46
(B. Vega and E. Talmage, Applicants).
On motion of Councilman Settle , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Settle
NOES: None
ABSENT: Mayor Schwartz
the foregoing resolution was passed and adopted this 6th day of February i
1979.
ATTEST: Mayor Pro -Tem Steven A. Petterson
C' erk J.H. Fitzpatrick
Approved as to form:
City At orney
Approved as to content:
City _ istrat ve Officer
Community Itvelopmere Director
O-N. �i - e��
ity Engineer
R 3771
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RESOLUTION NO. 3770 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ACCEPTING THE OFF -SITE IMPROVEMENTS IN TRACT
NO. 639 (PEREIRA AND MADONNA ROAD; DAY AND NIGHT
CONSTRUCTION, INC.).
BE IT RESOLVED by'the Council of the City of San Luis Obispo as
follows:
SECTION 1. That the off -site improvements for Tract No. 639 (Pereira
and Madonna Road, Day and Night Construction, Inc.) shall.be and are hereby
accepted for maintenance by the City of San Luis Obispo.
On motion of Councilman Settle seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Settle
NOES: None
ABSENT: Mayor Schwartz
the foregoing resolution was pa "ssed and adopted this 6th day of Februarys 1979•
ATTEST`.
,,9W Clerk -J.H. F.it_zpatrick
Approved as to form:
- - . JA_�
Mayor Pro -Tem Steven A. Petterson
Approved as to content.:
City Attorney City Administrative Officer -
cv-
Director of Public. Services
R 3770
RESOLUTION NO. 3769 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
ROBERT DAVIDSON OUTLINING CONDITIONS OF USE OF
ACCESSORY STRUCTURES (GARAGE AND BATH AT 1051
BUCHON STREET):_
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "I' -'
and incorporated herein by reference, between the City of San Luis Obispo and
and Robert Davidson outlining conditions of use of accessory structures at
1051 Buchon Street
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2.. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Community
Development Department, Robert Davidson.
On motion of Councilman Settle seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Settle
NOES: None
ABSENT: Mayor Schwartz
the foregoing Resolution was passed and adopted this 6th day of Feb "ruary
19 79.
�... I
Mayor Pro- em Steven etterson
ATTEST:
C erk J.H.-Fitzpatrick R 3769
Resolution No. 376
Approved as to form:
City Attorney
�— ` (1979 Series)
Approved as to content:
01/�
City Administrative Officer
Community of velopme t Director
C' 7
AGREEMENT
CONDITIONS. OF USE OF ACCESSORY S'.1'RCCTURI S
UPON APPROVAL OF REQUEST FOR ENT1'I'l,v1mr-;Nr
This agreement, made and entered into this 6tt% -. day of
February 1.979, by and between Robert Davidson
(hereinafter referred to as "Owner ") and the CTTY OF SAN LUIS
OBISPO (hereinafter referred to as "City "), a municipal corpora-
tion,
W I T N E S S E T H
WHEREAS, Owner has made application with City for approval
of a Garage. and Bath and
WHEREAS, approval of said GarageandBath
by City entitled Owner to modify or construct an accessory structure
(described and delineated on Exhibit "A ", attached hereto and
incorporated herein by this reference) on Owner's property at
1051 Buchon Street. , San Luis Obispo (a legal
description of the property is attached hereto, marked Exhibit "B ",
and incorporated herein by this reference), subject to execution .
of this agreement by Owner and City.
NOW, Till ?REFORE, in consideration of the mutual benefits,
promises and agr.ecments.set o'u't-herein, the parties hereto agree
as follows:
1. The parties hereto agree that execution of this
agreement by Owner and City entitles .Owner to proceed to modify
or construct the accessory building described and d.el.i.ncated in.
Board of Adjustments (Variance) V0726 and
Exhi.b i t "A" , as approved by Building Permit 1 No • 7487
EXHIBIT "I"
0 0
2. Owner agrees:
a. 'CIirL- the described accessory bu.i:ldinq sh.al.l not
be used for res.icicntial .purposes unless acrd Unti:,:l it and the
property meet all.resi.dential requirements, including but not
limited to density (units /acre), par.kinq, setback., access and
applicable 13ui_ldinq Code: provisions.
b. That this agreement shall be bi.ndi.nq upon and
shall inure to the benefit of, the heirs, assiqns and all other
successors in.interest of the parties hereto.
IN WI'T'NESS WHEREOF, the parties hereto have executed
this agreement on the day and year first written above.
Attest:
I/f
y LerJ.H. Fitzpatrick
Owner
Robert �
avian
City of San Luis Obispo
Mayor Pro -Tem Steven A. Petterson
E9
�►��I��NI ��������� �� ��� ������ ������� 04 ®f EMU
II II II II
1 SM WIS OBqV ROWE R M IT
_
1
,�? Department of Communit
C y Development
990 Palm Street / Post Office Box 321
, San Luis Obispo CA 93406 805 /541 -1000 [aBuildin
g RElectricat ® Plumbing ❑heating /Coolint
Project Address: Date Issued: Permit No. /j (�
.1051 Buchon St. 1115/79 4 l8
VALIUAI IVN
1 1
Owner
Mail Address ZIP .Business -Hour Phone
Robert Davidson, 1051
Buchon St., San Luis Obispo, CA 93401
Contractor or Builder
Address Phone State License No.
J.-W. Design & Construction, 1721 Santa Rosa, SLO, CA 5.44 -3130 335560
U)
-
Architect Designer
-
U
or
Address Phone State LieirWs No'.
Engineer
Address - Phone State License No.
Bank or other source of loan
Address
none
11�11 ❑
Type of Project: OJAllnew Add
�-1l
[]Alter ❑Repair QDemolish ❑Move El install ❑
No. of new No. of bed- Bldg. No. of New
Proposed use of the new building, addition. living units rooms in height stories area
Cost per
or area to be altered, repaired, etc
created new units (Total) (Total) (in sq. ft.)
sq.. ft.
(2) Garages & Bath
20' 1 1278
15.00
2.
®
3. demolish existing garages &studio 0)
cc
apartment
a,
New work includes: - OGarage Carport — []Attached Detached BBP
Legal Description:
Assessor's Number Use Zone Fire Zone - Lot Area
Lot 7 Blockl72 Tract Dallidet's Addition 3-544-06., R =2 3 7500
Sq. FL
PROPOSED SETBACKS - actual dis - Front
tances from property, lines to nearest. 24'
structure, after work is completed.
-Rear
I, 3 f
Side
I .31
Side
I
Distance from this new work to
I nearest existing building on same lr) t
lot. (Write "ATT" if attached).
LULU
�®HA
n
ADDRESS OF
THE PROJECT: 1051.Buchon Street
Type of Construction: Type No. V —N Occupancy Group N .
FOUNDATION:
EXTERIOR WALL: ROOF: HEATING:
U1 J
1FRAME:
L1Wood Stud Continuous
K] Wood Siding ❑Brick ❑ Comp. Built -up ❑,Electric
Concrete
❑ Metal
❑ Timber EtSlab
❑Wood Trim ❑Coot. Block ❑ Metal ❑ Gas Furn.
❑ Stucco ❑Cone. Tilt -up 12 Comp. Shingle ❑ Gas Wall
E] Piers
E] Stone Veneer. ❑Metal El Wood Shingle /Shake ❑Solar
❑Brick Veneer ❑ Tile _
REQUIREMENTS: - Additional Review
$ 19,170. VALUE OF WORK
❑ Fire. Hydrants for Const. yy L` (��
. City Contractor's Lic. ❑Environmental impact Report
FEES
❑Water Press. Regutatm [State Contractor's Lic. Cord. 604 -A Deficiency
Structural:. $ - 92.00
❑Backflow Protection ❑Water Fees to be paid ❑Discretionary Action
Electrical: 14.75
[]Grading Permit ❑ Sewer Fees to be paid ARC No.
Plumbing: 9.00
❑Retaining Wall Permit []Curb, Gutter and Sidewalk Permit Use Permit No.
Heating/Cooling:
Qcity Business License ❑ Encroachment Permit Other
Other:
Special Conditions:
Total
Permit Fees: $
Sign "Condition of Variance agreement.
Plan -check (8 )
Previously Paid
Const. Unit Tax
TOTALFEES $ 1155.155
VALIUAI IVN
1 1
i O
Exhibit ?B'
In the City Hof San Luis Obispo, County of San Luis Obispo, State
of California., Lot 7 Block 172 of Dallidet's Addition to the City
of San Luis Obispo.
RESOLUTION NO. 3768 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING. AN AGREEMENT BETWEEN THE CITY AND
MOHLE, PERRY AND ASSOCIATES FOR CONSULTANT SERVICES
ASSOCIATED WITH WIDENING OF HIGUERA STREET AND THE
REALIGNMENT OF SOUTH STREET TO JOIN MADONNA ROAD_
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows;
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Mohle, Perry and Associates for consultant services associated with widening
of Higuera Street and realignment of South Street to join Madonna Road,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Mohle, Perry and
Associates; the City Engineer; the City Finance Department
On motion of Councilman Settle 1. , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Settle
NOES: None
ABSENT: Mayor Schwartz
the foregoing Resolution was passed and adopted this 6th day of February ,
1979.
ATTEST:
Jerk J.H. Fitzpatrick
Y
Mayor 'Pro- Tem.Steven A.-Petterson
R 3768
r
Resolution No. 376(D
Approved as to form:
City Attorney
(1979 Series)
Approved as to content:
City AMffnistrative Officer
RESOLUTION NO. 376.7 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR AMEND-
MENT NO. 2 TO OJMMUNITY RECREATION AGREEMENT FOR
COWMITY RECREATION FACILITY AT SINSHE= PARK.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
San Luis Coastal Unified School District for lt endment No. 2 to Community
Recreation Agreement for Ccaamunity Recreation Facility at Sinsheimer Park
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2.. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Board of Trustees,
San Luis Coastal Unified School District; Director of Parks & Recreation
On motion of Councilman Settle , seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Settle
NOES: None
ABSENT: Mayor Schwartz
the foregoing Resolution was passed and adopted this 6th day of February ,
1979.
- , '16
�! �...
Mayor Pro -Tem Steven A. Petterson
ATTEST:
Ci c J-. H. Fitzpatrick R 3767
Resolution •No. 376i.—;
Approved as to form:
ttorney
(1979 Series)
Approved as to content:
City Administrative Officer
�,__ Dire f Parks and Recreation
AGREEMENT
�J
AMENDMENT NO. 2 TO
COMMUNITY RECREATION AGREEMENT FOR
COMMUNITY RECREATION FACILITY AT
SINSHEIPIER PARK
THIS AMENDMENT N0. 2 TO AGREEMENT, made and entered into this
6th day of February , 1979, by and between the CITY OF SAN LUIS
OBISPO, a municipal corporation (hereinafter "City "), and SAN LUIS
COASTAL UNIFIED SCHOOL DISTRICT (hereinafter "District ").
W I T N E S S E T H:
WHEREAS, City and District have executed a Community Recre-
ation Agreement for Community Recreation Facility at Sinsheimer
Park, dated August 11 1973; and
WHEREAS, by an amendment to the agreement, dated April 6,
1977, paragraph 10 of the agreement was modified and
WHEREAS, the parties hereto now desire again to amend
paragraph 10 to provide for different conditions for termination
of the agreement;
NOW, THEREFORE, in consideration of the mutual promises,
agreements, covenants, and conditions set forth in the August 1,
1973, agreement and the requirements of other agencies for fund-
ing, City and District hereby mutually agree to the following
amendment of paragraph 10:
10. In consideration of the fact that certain lease term
requirements are associated with an application for a state or
federal grant that may be requested for development of Sinsheimer
Park, both parties hereto agree to keep in operation for a period
of twenty -five (25) years from the date of acceptance of the
Grant Project any recreational facility within Sinsheimer Park
C C
on which.state or federal grant or bond monies were expended.
Should a hardship arise whereby termination of the Community
Recreation Agreement for Sinsheimer Park becomes a necessity for
reasons of health, safety or welfare, the party requesting termi-
nation agrees to repay the state or federal agency that portion
of a twenty -five year amortized cost remaining from date of
acceptance of the applicable Grant Project.
Contingent upon the foregoing, this Community Recreation
Agreement may be terminated only by mutual agreement of the
parties. If District initiates action to mutually terminate
this agreement, District shall reimburse City for the improvements
placed on said site by City in an amount equal to the fair market
value of said improvements as of the date this cancellation is
to be effective, and title thereto shall vest in District without
the necessity of a formal documentation of transfer effective on
said date. In the event the parties cannot agree upon the fair
market value of the improvements such fair market value will be
determined by an independent real estate appraiser appointed by
and agreeable to District and City. The expenses of such appraisal
shall be borne equally by both parties. In the event the parties
shall not agree upon the appointment of said appraiser, the
Presiding Judge of the Superior Court for the State of California,
County of San Luis Obispo, shall appoint the appraiser. In the
event City initiates action to mutually terminate this agreement,
all improvements and personal property placed on said site shall
vest in District without the necessity of formal documentation of
transfer, effective the date of termination. Should District not
desire such improvements and properties, District shall so notify
-2-
City in writing and thereupn City shall remove said improvements
and properties within a reasonable period of time, as mutually
agreed but not to exceed 18 months, and return the sites to
their original condition insofar as possible.
IN WITNESS WHEREOF, City of San Luis Obispo, by order of
its City Council, has caused this Amendment No. 2 to Community
Recreation Agreement to be executed on its behalf by the Mayor
and attested to by the City Clerk thereof, and San Luis Coastal
Unified School District has executed this Amendment No. 2 by
its duly authorized officer.
ATTEST:
s7 J. H. FITZPATRICK
City Clerk J.H. Fitzpatrick
Approved as to form:
CITY OF SAN LUIS OBISPO
s /Steven A. Petterson
Mayor Pro -Tem Steven A. Petterson
Approved as to content:
City Attorney City Mdministrative Officer
ATTEST:
Clerk of the Board of Trustees
irector of Parks & Recreation
SAN LUIS COASTAL UNIFIED SCHOOL
DISTRICT
President of the Board of Trustees
-3-
RESOLUTION NO. 3766 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO STATING ITS POSITION REGARDING THE DESIGNATION
OF CERTAIN PASSENGERS ON THE NORTH COASTAL TRANSIT
SYSTEM.
BE IT RESOLVED by the Council of the City of,San Luis Obispo as follows:
Section '1. This council hereby states its position regarding certain
passengers on the North Coastal Transit System, to wit: Any passenger on the
North Coast Transit System having an origin or destination outside the limits
of the City of San Luis Obispo should be considered a regional passenger and
.such passenger's trip should be funded as such.
Section 2. For purposes of the position stated here -the Cal Poly Campus
shall be considered a part of the City of San Luis Obispo.
Section 3. This council strongly urges the North Coast Transit System
Board to adopt as its policy the position stated here;
On motion of Councilman Petterson, seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmen Duninj Jorgensen, Petterson, and Settle.
NOES: None
ABSENT: Mayor Schwartz
the foregoing resolution was passed and adopted this 6th day of February ,
1979.
ATTEST:
Ct erk. J. H. Fitzpatrick
Mayor 7Pro .em Steven A. Petterson
R 3766
Approved as to form:
IVAL��
City Attorney
Approved as to content:
City A i ist ative Officer
Directo of Public Services
RESOLUTION NO. •3765
(13
(1979 Series)
A RESOLUTION.OF THE COUNCIL OF THE CITY
OF SAN LUIS.OBISPO APPROVING AN AGREEMENT
BETWEEN THE CITY AND GRASS ROOTS II TO
SUPPORT ITS PROGRAM THROUGH JUNE 30, 1979.
BE IT RESOLVED by'the Council of the City of Sari Luis
Obispo as follows: '
SECTION 1. That certain agreement, attached hereto marked
Exhibit "A" and incorporated -herein by reference, between the
City and Grass Roots II, to support its program through June 30,
1979, is .hereby approved and the Mayor is authorized to execute
the agreement.
SECTION 2 The City Clerk shall furnish a copy of this
resolution and a copy of the executed agreement approved'by it
to: Grass Roots II, the Human Relations Commission and the
City Finance Department.
On motion of . _ Councilman Jorgensen seconded by Councilman
Settle and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Settle.
NOES: None
ABSENT: Mayor Schwartz .
the foregoing resolution was-passed and adc'pted this 6th day
of February 1979.
Mayor' -ro =Tem- Steven A.-Petterson
ATTEST:
y Clerk J.H. itzpatrick
R 3765
Resolution No. 37c
Approved as to form:,
City Attorney
(1979 Series)
Approved as to content:
City' Adffifit'strative officer
lin ect&.r
Chdikp*son
-27
Commission
• �J
A G R E E M E N T
GRASS ROOTS_II,
THIS AGREEMENT, dated January 1, 1979, for the convenience of
the parties hereto, is between the CITY OF SAN LUIS OBISPO, a chartered
municipal corporation (hereinafter called "City ") and GRASS ROOTS II, a
non - profit corporation (hereinafter called ( "Association ")..
RECITALS
WHEREAS, City recognizes that the Grass Roots program has served
both a public purpose and a municipal purpose, and City desires to see the
continuation of the Grass Roots Program, or an equivalent thereof; and
WHEREAS, Association has represented to City that it has the manpower
and expertise to carry on an effective program equivalent thereto; and
WHEREAS, Association has provided a satisfactory program with City
financial assistance since April 1, 1972, and both parties desire to continue
this worthwhile community service; and
WHEREAS, City and Association previously have entered into an agreement
for funding of such community services for the period July 1, 1978 through
December 31, 1978; . and
WHEREAS, City and Association now desire to enter into a_ similar
funding agreement for the period January 1, 1979, through June 30, 1979,
with certain modifications;
NOW, THEREFORE, City and Association, for and in consideration of
the mutual benefits, promises and agreements set forth herein, do agree
as follows:
U
1. This agreement.shall be effective as of January 1, 1979, and shall
terminate June 30, 1979•
2. The City, through its Human Relations Commission, shall during the
term of the agreement, with input from Grass Roots II Board of Directors
continue to evaluate the efficiency of the operation of Grass Roots 11 as
it pertains to City funded money.
3A Association agrees to use its best efforts to operate a program within
the City of San Luis Obispo. Services to be provided by the Association
include information and referral, crisis intervention, emergency services,
and a voice of advocacy for, but not limited to, low income persons.
.B It is recognized that Association now provides certain other services,
to wit, transportation, clothing, temporary shelter and shopping for shut-ins
and the disabled. It is agreed by the parties hereto, that Association
mutually with the Human Relations Commission shall within the term of this
A
greement transfer these services to other appropriate agencies.
4. City agrees to pay Association the total sum of Twenty -One Thousand
Nine Hundred Thirteen Dollars ($21,913.00) for services actually provided
during the term of this agreement, payable each month in .six equal installments
on or before the last day of each month, commencing January 1, 1979, and
continuing through June 30, 1979.
5A Association shall provide City with monthly summary reports describing
the type and quantity of services provided, and listing funds expended and
funds received by Association from other sources. The reporting shall be done
in accordance with the provisions of the "Guidelines for Reporting," dated
November 17, 1978, a copy of which is attached hereto, marked Exhibit "A ",
and incorporated herein.by this reference.
7
B City may from time to time during the term of this agreement require
further reporting by Association to assure: (1) that the purpose and intent
of this agreement is being carried out and (2) that Association is administering
City funds in an efficient- manner.
6. Association shall not in any manner represent that it is an agency
of City. Association and all of its agents, representatives, and participants
in any manner in the Grass Roots II program shall be independent contractors or
volunteers for Association and shall not be considered as employees or agents of
City for any purpose. Association agrees to hold the City harmless and defend
the City in any action, proceeding or hearing wherein the cause of action or
claim is based upon an allegation that any person participating in the Grass
Roots II Program is an employee or agent of the City.
7. Association shall hold the City harmless from all claims and liability
arising from the operation of the Grass Roots II Program. Association shall obtain
and keep current a liability insurance policy with property damage coverage of
not less than $50,000.00 for each person on account of any one occurrence, and
with personal injury coverage of not less than $100,000.00 for each person
and $300,000.00 total for each occurrence. The City shall be specifically
listed as a named insured in said policy, which shall contain a provision that
there shall be no cancellation or material change in coverage without thirty (30)
days prior written notice to City.
8. The City Council may by motion terminate this Agreement at its sole
discretion after a public hearing held upon ten (16) days written notice to
Association. Said termination shall be effective thirty (30) days after City
mails notice of termination to Association.
9. For purposes of notice under this Agreement, all notices shall be
considered effective upon being sent by certified mail to the following addresses:
3
U
City: City Clerk
City of San Luis Obispo
PO Box 321
San Luis Obispo, CA 93406
Association: Grass Roots II, Inc.
1371 Pacific Street - B
San Luis Obispo, CA 93401
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
by their proper officers duly authorized.
CITY OF SAN LUIS OBISPO GRASS ROOTS II, INC.
.
By: s/ Steven A. Petterson By: CS1"� -Y.-,� `J.
Mayor Pro -Tem Steven A. Petterson President
ATTEST:
sl I H. FITZPATRICK
City Clerk J.H. Fitzpatrick
Approved as to form:
City Attorney
By: (2
T easur r
Approved as to content:
City Administrat e Officer
ctor
V
Exhibit A
GRASS ROOTS II, INC.
RECOMMENDATIONS FOR REPORTING
TO
City of San Luis Obispo
Human Relations Commission
City's Philosophic Assumption for funding this service:
Aim to help people help themselves.
17 November, 1978
GENERAL RESPONSIBILITIES of the Human Relations Commission on behalf of City of SLO:
1. Ascertain what services are needed by persons within the City.
2. Determine how the City should provide or contract for such services.
3• Determine how to measure performance.
4. Authorize payment for services rendered upon certification of delivery.
SPECIFICS: with reference to contract with Grass Roots II:
1. Services contracted for: Drop -in informat.ion and referral center, emergency
services, and a voice of advocacy for the low - income community of San Luis
Obispo City, but not excluding other people in need as determined by Grass
Roots II Board and Staff.
2. Agency contracted with: Grass Roots II, Inc.
3. Measurement of performance: unit cost per case.
4. Payment: monthly, upon receipt of appropriate reports.
GUIDELINES FOR REPORTING:
1. Monthly:
a. Summary of persons assisted during the past month (total cases):
1) Number of cases - drop -in telephone
2) Residence: City of San Luis - Obispo
Other areas in SLO County
Outside of SLO County
b. Summary of services provided (total cases : Also indicate approximate %
1) Information only of "staff time used:
2) Referral (list agencies and number.of referrals)
.3) Crisis Intervention (on I a one time basis only)
4) Citizen advocacy list agencies and number of cases)
5) Emergency services provided:
a. Transportation:
b. Food:
c. Clothing:
d. Temporary shelter:
se. Shopping for shut - ins /disabled
C. Director's report - for month immediately past.
d. Treasurer's report' - for month immediately, past, including in -kind donations.
e. Board minutes - for most recent meetings.
f. Grass Roots to notify HRC of all regular and special meetings of the
Grass Roots II Board scheduled for coming month.
2. Annual:
a. Grass Roots to provide HRC with current copies of its by -laws /constitution
and current list of board members and officers.
b. Grass Roots to provide HRC with an annual audit by an independent auditor.
V 1
n ? 1 t is 13 DOrl(I i(j.Q�l;a;::::'
DOC. No: - 6249
0 OFFICIAL RECORDS
SAN LUIS OBISPO CO.. CAL
FEB 13 1979
Recording Requested By: WILLIAM E. ZIMARIK
CITY OF. SAN LUIS OBISPO COUNTY_ RECORDER
When Recorded, Please Return To; TIME g e 4 U AM
CITY CLERH'S 'OiFICE
City of San Luis Obispo
P.O. Box' 321
Senn Luis Obispo, CA S346f
RESOLUTION NO. -3764 (1979 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
CITY COUNCIL FINDING THAT A WATER LINE EASE-
MENT IS UNNECESSARY FOR PRESENT OR PROSPECTIVE
PUBLIC USE.
WHEREAS, this council has received a recommendation from
-city staff to vacate a certain water line easement; and
WHEREAS, the City Council finds that.the easement is un-
necessary for present or prospective public use;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of San Luis Obispo as follows:
SECTION 1.• That the water line easement described on
Exhibit "Al' and delineated on Exhibit "B ",.both attached hereto
and incorporated herein by this reference, hereby is ordered
vacated.
SECTION 2. That the City Clerk shall cause a certified
copy of this Order of Vacation, duly attested, under the seal of
the city, to be recorded in the San Luis Obispo County Recorder's
Office.
On motion of Councilman Settle seconded by Councilman
Jorgensen and on the following roll call vote:
AYES: Councilmen Jorgensen; Petterson and Settle
NOES: None
ABSENT:, Councilman Dunin and Mayor. Schwartz
the foregoing resolution was passed and adopted this 6th day
of February_..,
ATTEST`-
11
i
11
979.
/j :Mayor Pro -Tem Steven A. Petterson
sR� 3764 "7(�
vni 713.1 PAGE 2 t 7
C�
Resolution No: 3764 (1979 Series),:`
Approved as to form: Approved as to content:.
City Attorney City dministrative Officer "
Director of Public Services
f; L �
/City-Engineer
-2- . VOLM3 mE 2M'0
.� 1867 rio -jai
A RIGHT OF WAY
A 12 —INCH PIPE
A'STRIP OF.LAND
FOLLOWS:
DESCRIPTION
TO LAY, MAINTAIN, OPERATE, 'REPAIR, RENEW AND REMOVE
LINE FOR THE CONVEYANCE OF WATER OVER AND ACROSS
4 FEET IN WIDTH, MORE PARTICULARLY DESCRIBED AS
THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION
25, TOWNSHIP 30 SOUTH, RANGE 12 EAST, MOUNT DIABLO MERIDIAN, IN
THE CITY OF SAN LUIS OBIS_PO, COUNTY OF SAN LUIS OBISPO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OR PLATS THEREOF_,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE.MOST SOUTHERLY CORNER OF THE PROPERTY CONVEYED TO
CHARLES W. MALCOLM ET UX., BY DEED DATED APRIL 16,, 1948 AND RECORDED
APRIL 20, 1948 IN BOOK 475 OF OFFICIAL RECORDS, AT PAGE .292, RECORDS
OF SAID COUNTY;
THENCE NORTH 699 08' EAST ALONG THE SOUTHEASTERLY LINE OF THE PROPERTY
SO CONVEYED 117.86 FEET;
THENCE NORTH 120 46' WEST ALONG THE NORTHEASTERLY LINE OF THE PROPERTY
SO.CONVEYED 32 FEET;
THENCE AT RIGHT ANGLES SOUTHWESTERLY A DISTANCE OF 4 FEET;
THENCE SOUTH 120 46' EAST AND PARALLEL WITH THE NORTHEASTERLY LINE
OF SAID PROPERTY TO A POINT DISTANT 4 :FEET AT RIGHT ANGLES FROM
THE SOUTHEASTERLY LINE THEREOF;
THENCE SOUTH 690 08'. WEST AND PARALLEL WITH SAID SOUTHEASTERLY
LINE TO THE SOUTHWESTERLY LINE OF THE PROPERTY SO CONVEYED;
THENCE SOUTH 300 52' EAST ALONG SAID SOUTHWESTERLY LINE 4 FEET
TO THE POINT OF BEGINNING.
MCI" 11'a/Arr
, VOL 2133 PAGE 281
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ENO OF DOCUMFUT vn, 91 ,111 iQ9
RESOLUTION NO. 3763 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
SAN LUIS TRANSPORTATION INCORPORATED TO AMEND THE
SAN LUIS OBISPO PUBLIC TRANSPORTATION AGREEMENT:
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
San Luis Transportation Incorporated for Amendment No. 1, San Luis Obispo
Publis Transporation Agreement,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish�a copy of this resolution
and a copy of the executed agreement approved by it to: San Luis Transportation,
Incorporated; the Director of Public Services, the Finance Director
On motion of Councilman Settle seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES:. None
ABSENT: None
the foregoing Resolution was passed and adopted this 24th day of January ,
1979.
ATTEST
Ci erk .H. Fitzpatrick
R 3763
RESOLUTION No. 37.0
Approved as to form:
City Attorney-
(1979 Series)
Approved as to content:
City Admi rative Officer
Director' of Public Services.
AMENDMENT NO. 1
SAN LUIS OBISPO
PUBLIC TRANSPORTATION AGREEMENT
THIS AMENDMENT TO� AGREEMENT, made and entered into this 24th
day of January , 1979, by and between the City of San Luis Obispo
(hereinafter "City ") and San Luis Transporation Incorporated
(hereinafter "Company ") .
WITNESSETH:
WHEREAS, on January 4, 1978, the parties hereto entered into
an agreement entitled "San Luis Obispo Public Transportation Agree-
ment" whereby Company agreed to operate a public transportation
system along a designated route; and
WHEREAS, the parties hereto now desire to amend the agreement
to modify certain route schedules and payment tables;
NOW, THEREFORE, for and in consideration of the mutual benefits,
promises and agreements set out herein and in the agreement the
parties hereto agree to amend the agreement as follows:
A. Section 2 of the agreement is amended to add a second
sentence to the first paragraph of said section; the new sentence
to read:
"Payment for shuttle bus service to Cuesta College and
weekend /holiday service to California Men's Colony (CMC)
shall be at the rate of $16.00 per hour, rounded to the
nearest one -half hour. CMC service on holidays and
weekends may be provided by a smaller vehicle than
specified by Section 5 so long as the passenger demand
can be handled adequately."
C
B. Sections 9 and 10 of the agreement are amended to cover
the North Coastal Transit Authority, its Board and employees.
C. Exhibits I and II referred to in Section 4 of the agree-
ment are deleted and Exhibit V, attached hereto and incorporated
herein by.this reference, is substituted therefor.
D. `Except as amended hereby the agreement shall remain in
full force and effect..
IN WITNESS WHEREOF, the parties hereto have executed this
amendment to agreement on the date first written above.
ATTEST:
si J. H. FITZPATRICK
City Clerk
Approved as to form:
City:Attorney
SAN LUIS TRANSPORTATION, INC.
By
Its Y. �'•: -.. ; �! G �_�_ �,f ,_�
CITY OF SAN LUIS OBISPO
By s7 KENNETH E. SCHWARTZ
Mayor
Approved as to content:
r
Cidminiftbative Officer
Director of Public Services
-2-
CITY
flAlly '��\
OUNES
NAROOR 1 7�,. (JU1;ITANA
MORRO -
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6:49
SANTA YSAOEL .
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;
11:00
nnri�lln
9:05
1105
7:14
x
9:14
LOS 090S
IOS OSns
7:19
8:44
VALLEY Jill.
10.:44
Ihibor 81 Morro Bay Pmlc (f.4B)
Sanla Ysahol & So. Day Blvd.
Los Osos valley Rd. & Tenth St.
So. Bay Blvd. L*' Spite Flwy. 1
Harbor & r0iorio fray Pail(
CUCSIa C011e -1e
California Mcns Colony
Palm & Osos St. (SLO)
J
CAIIF. t11E11'S
CROW
IIVJY. I _ / SANTA ROSA
T— f.IIESTA
6011 [CE OSOS
CITY%'
IIAIL
SAN LUIS O ISPO
MS—SLO
HOURS CF Ce= RATiON
Monday thru Friday ------------------- 7 a. m. to 6 p.m.
No Service: New Years. ';iemorial Day, Independence Day.
Labor Day, Thanksciving, Christmas.
florth Coastal Transit ScBr.dul^
CALIF* 61EN'S J
COLO;IY
SANTA ROSA Iil
CKISTA
cO1LEGE OSOS
CITY,?
IIALL
SHUTTLE SERVICE TO CUESTA COLLEGE ISCHOOL DAYS ONLYI
Leave San Luis Obispo Leave CLICSta- COIIege
7:30 :10
9:30 10:10
12:30 1:10
2:30 3:10
4:30 WEEKENDS HOLIDAYS 5:10
Leave San Luis Obispo Leave C.M.C.
8:30 8:40
4:00 4:10
Holidays: New Years. Memorial Day, Independence Day,
Labor Day, Thanksgiving, Christmas.
a
r - - --I
f - --1
6:49
i
8:A9
i
1049
7:00
;
9:00
;
11:00
7:05
9:05
1105
7:14
i
9:14
1
11:1,1
7:19
8:44
9:19
10.:44
11:19
7:31
8:30
9:31
10:30
7:39
8:20
9:39
10:20
7::19
8:10
9:49
10:10
CALIF* 61EN'S J
COLO;IY
SANTA ROSA Iil
CKISTA
cO1LEGE OSOS
CITY,?
IIALL
SHUTTLE SERVICE TO CUESTA COLLEGE ISCHOOL DAYS ONLYI
Leave San Luis Obispo Leave CLICSta- COIIege
7:30 :10
9:30 10:10
12:30 1:10
2:30 3:10
4:30 WEEKENDS HOLIDAYS 5:10
Leave San Luis Obispo Leave C.M.C.
8:30 8:40
4:00 4:10
Holidays: New Years. Memorial Day, Independence Day,
Labor Day, Thanksgiving, Christmas.
a
• Passengers to have correct change.
• Infants in arms free.
• 13LISCS can be flagged at any corner.
• Smoking prohibited on buses.
• Operator: San Luis Transportation, Inc.
• For information call: 5,1,1-2500
541 -1000
r - - --I
f - --1
1:49
3' ,19
5 :19
2:00
;
100
6 C'0
2:05
1:05
6:05'
2:14
i
'1:1.1
6: 1;1
2;19
3 4 a
4:19
5 Ab
619
2:31
3:30
4'31
5:33
2:39
320
4:39
5:2-
2: 19
3 10
4 lli9
5:15
• Passengers to have correct change.
• Infants in arms free.
• 13LISCS can be flagged at any corner.
• Smoking prohibited on buses.
• Operator: San Luis Transportation, Inc.
• For information call: 5,1,1-2500
541 -1000
1l
RESOLUTION NO. 3762 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
NORTH COASTAL TRANSIT AUTHORITY FOR OPERATION OF A
PUBLIC TRANSIT SYSTEM,
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement„ attached hereto marked Exhibit,
and incorporated hereiTi by reference, between the City of San Luis Obispo and
North Coastal Transit Authority.for operation of a public transit system
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to.: Chairman of the
North Coastal Transit Authority, Director of Public Services, Finance Director.
On motion of Councilman Settle , seconded by Councilman, Dunin._ ___,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this ._24th day of January _
1979..
ATTEST::
Ws'
R 3762
RESOLUTION NO. 37620
Approved as to form:
/ /W 1 -U. `-�
City Attorney
0 (1979 Series)
Approved as to content:
City A s r't e Office7r-
Director of Public Services
innance Di
AGREEMENT
NORTH COASTAL TRANSIT AUTHORITY
PUBLIC TRANSPORTATION SYSTEM
THIS AGREEMENT, entered into this 24th day of January ;
1979, by and between the North Coastal Transit Authority, a joint
powers agency, hereinafter referred to as "Authority ", and the
City of San Luis Obispo, a California Charter City, hereinafter
referred to as "City ".
WITNESSETH:
WHEREAS, Authority desires to institute a public transit
system within the area described on Exhibit "A" attached hereto
and incorporated herein by reference; and
WHEREAS, City through its Contractor by agreement has the
capability to provide a public transit system operation for
Authority within the aforesaid area; and
WHEREAS, both Authority and City have the power to operate
a public transit system; and
WHEREAS, it is in the public interest.that a public transit
system be operated within said area.
NOW, THEREFORE, Authority and City, for and in consideration
of the mutual benefits, promises, and agreements set forth herein,
do hereby mutually promise and agree as follows:
1. Public Transit System
City through its Contractor by agreement shall operate a
public transit system within the area described on said Exhibit
"A" commencing February 1., 1979, and terminating on September 1,
1979. A copy of the agreement (hereinafter referred to as "City-
i
c
Contractor Agreement ") and amendment thereto, between City and
Contractor (San Luis Transportation, Inc.) whereby Contractor
provides a public transit system in the area described herein,
is attached hereto and.incorporated herein by this reference.
The system,,shall be operated in accordance with the provisions
of the City - Contractor Agreement. The operation of this transit
system complies with all franchise requirements, all applicable,
state and city laws and.regulations, including but not `limited
to those concerning passenger safety and vehicle maintenance.
City or City through its Contractor shall pay any and all.costs
and expenses necessary and proper to operate such system.
2. Fares
City shall collect fares for public use of its passenger
stage-vehicles. All.passenger fare revenues so collected shall
be the property of Authority. City shall act as Authority's
agent in the collection and accounting of said fares. The.fares
shall be established by Authority, with Authority retaining the
right to change the fares at any time.
3. Administration.
City's Director of Public Services shall be the Administrator
of.the system, to perform tasks and be assigned duties as from time
to time-shall-be directed and established by'Authority.
4. Budget.
Authority shall adopt a budget for the operation of the
transit system. The City shall be authorized to make all reason-
able and necessary expenditures for the operation of the transit
system within the adopted budget.
-2_
C11
5. Payment.
0
Authority agrees to reimburse City for all reasonable and
necessary expenditures made for the operation of the transit
system. Payments to City shall be based upon a. monthly report
of operating cost in such form as required.by Authority.
Authority agrees that each member agency shall pay directly to
City its previously agreed percentage of the system's operating
costs. The percentages shall be as follows:
City of San Luis Obispo 37t
City of Morro Bay 25%
County of San Luis Obispo 38%
100%
All payments shall be made within fifteen (15) days
following receipt and approval of the monthly report by each
member agency.
6. Notices.
All notices, statements, demands,.requests, consents,
approvals, authorizations, offers, agreements, appointments, or
designations hereunder by either party to the other shall be in
writing, and shall be sufficiently given and served upon the
other party, if sent by United States Mail., return receipt re-
quested, postage prepaid and addressed as follows:
Authority: North Coastal Transit Authority
a/o Chairman Tom Cantine.
770 Luisita
Morro Bay,, CA 93442
City: City Clerk
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93406
—3-
a
v
7. Termination.
Either party hereto may at any time, for any reason whatso-
ever terminate this Agreement by giving to the other party at least
thirty (30) days prior, written notice thereof. In the event of any
such termination, Authority shall pay to City pursuant hereto for
all public transit system operation hereunder performed by City
or by City through its Contractor by contract up to the effective
date of such termination.
IN WITNESS WHEREOF, this Agreement is executed by both parties
effective this date first mentioned above.
NORTH COASTAL TRANSIT AUTHORITY
A Joint Powers Agency
L�
W oz "�(
Chairman Inc Canting -
CITY OF SAN LUIS OBISPO
s7 KE "JN'T1 1 E SCHWARTZ -
Mayor Kenneth, E. Schwartz
Attest:
s71. H. FITZPATRICK
City Clerk J.H. Fitzpatrick
Approved as to form:
1
City Attorney
-4-
SAN LUIS OBISPO
PUBLIC TRANSPORTATION AGREEMENT
This Agreement, dated Januar:• 4, 1979 , for the convenience
of the parties hereto, is between the City of San Luis Obispo, a chartered
municipal corporation (sometimes referred to herein as "City "), and
San Luis Transportation, Incorporated
(sometimes referred to herein as "Company ").
WITNESSETH:
WHEREAS, City desires to expand its public transit system to provide service
to rural institutions; and
WHEREAS, the public interest of low mobility groups would be served by the
operation of such an expanded public transit system; and
WHEREAS, the service will receive funding from Section 6; California Public
Transportation Program of 1975. (SB 283)
NOW, THEREFORE, City and Company, for and in of the mutual
benefits, promises, and agreements set forth herein do agree as follows:
1. Public Transit System
Company will operate a public transit system for 18 months beginning
March 1, 1978 and continuing until September 1, 1979 in accordance with the
terms of this agreement, City franchise requirements, and all applicable State.
and City laws and regulations concerning passenger safety and vehicle maintenance.
2. Payments to be made by City
In consideration of the performance of the conditions set forth herein, City
(One Dollar, Sixty -Four Cents)
agrees to pay to Company $1.64 per route mile of operation over the
regular route of operation specified in paragraph 4, thereof, for,the period of
this agreement.
The Company shall furnish to City a monthly report of operated route mileage .
in such form as required by the City. Payment to Company shall be based upon
said monthly report of operated route mileage, and shall be for the difference
between the amount due and the fare collected. Payments shall be made within
fifteen (15) days following the receipt and approval thereof by the City, subject
to certification of its authorized official that all of the conditions of this
agreement have been complied with by Company.
E 1V
PUBLIC TRA::SPORTATIO ".; AGREEMENT
3. Fares
Company shall collect fare for public use of its passenger stage vehicles.
All passenger fare revenues so collected shall. be the property of the City.
Company will act as the City's agent in the collection and accounting of said
fares. The fares shall be established by the City, with the City retaining the
right to change the fares at any time.
4. Route, Hours, or Schedule
Company shall provide service along the route set forth upon Exhibit "I ",
attached hereto and thereby incorporated herein and-in conformance with the
schedule set forth.upon Exhibit "II", attached hereto. By mutual agreement,
the parties may amend route, hours, or schedule from time to time., provided that
the total hours and route mileage of vehicle operation per week shall not be
reduced by more than 5 percent.. No vehicle shall be serviced while being
operated on a route, and no charge shall be made for mileage required for the
servicing of vehicles.
5. Vehicular Equipment
Company shall furnish the following vehicles:.
One 1974 or newer, 21- passenger or larger bus for primary route service
and one 1958 or newer, 21- passenger or larger bus for relief, and. standby
service.
Vehicles shall be commercially prepared buses similar to those produced
by Flexible, GINiC, AMC, Twine Coach. Any vehicle intended for use must be
approved by the Director of Public Services prior to bid opening.
Buses shall be equipped.with a passenger door operated from the driver's
seat, and with an audible signal indicator for passenger use. Color identifi=
cation and exterior appearance shall meet approval of the Mass Transportation
Committee.
All operating vehicles shall be maintained in a clean, neatj and safe
condition as determined by the Director of,Public.Services.
-2-
PUBLIC TRA::SP03TATI0:: AG1EE`'.E::T
Each operating vehicle shall be equipped with a locked box -type fare box,
together with sufficient locked vault boxes to adequately provide for all
weekend, holiday, and standby bus needs. The locked boxes shall be numbered
for identification. The key to the boxes shall be held by the Company's bank.
The Company shall be responsible for paying any charges by the bank for counting
the fares.
Each bus shall have a counter for counting passengers boarding the bus.
The counter shall.be fixed to the bus and located in a place convenient to
the driver. Drivers shall record such information concerning passenger count,
route, etc., as requested by the City to enable the City to keep accurate records
of the operation. -
The Company shall equip each bus with easily.readable signs identifying
the route on which the bus is operating. The signs must be readable from the
front.and right -hand side of the vehicle. Signs shall be approved by the Mass
Transportation Co=ittee. A dispenser for holding schedules shall be fixed
on each bus.
No advertising shall be either on the inside or outside of the bus. The
only identification on the bus shall be the normal manufacturer's identification,
the Company's name, the City's name, and the route identification sign described
above.
6. Public Contact
Company shall maintain or provide an office or local representative within
the City, including a listed telephone, and a person shall be available for public
contact during normal business hours.
Company agrees that drivers will abide by the Driver's Policies and
Responsibilities as outlined on Exhibit "III ". The Company also agrees to submit
a written report explaining reasons and circumstances involved in any delay
resulting in buses becoming 30 minutes behind schedule. The report shall explain
how the problem will be corrected so as not to recur in the future.
e -3-
PUBLIC TRANSPORTATION ACRELMENT
7. Promotion of Public Transit
0
City shall encourage public use of the Company's vehicles through such
promotional campaigns and the expenditure of such funds as City, in its sole
discretion, deems best, including, without limitation, pamphlets, questionnaires,
and bus stop facilities. !'
8. Bonds Required ,�.o
to City'.
Company shall furnish /and maintain a cash or corporate surety bond in the
sum of $70,000 conditioned upon the faithful perform„_ a of its franchise
to Cit}
terms, and shall furnish an additional bond /in the sum,of $10,000 to guarantee
payment of all labor claims.
9. Insurance
Company shall provide the City with a certificate of insurance evidencing
coverage for Comprehensive General and Automobile Liability Insurance, including
Personal Injury with Bodily Injury and Property Damage limits of not less than
$1,000,000 per occurrence. Such insurance coverage shall be with an insurer
accepta� to the City. City shall be designated as an additional insured on said
policy! J! ,X
T6 City-of San Luis Obispo, its Councilmen, officers, boards, commissions,
employees, and agents shall be included therein as additional insureds, and said
policy shall not be subject.-So cancellation or material change in coverage
priory'"
without thirty days /written notice by registered mail to the City.
Company shall provide City with proof of insurance coverage to meet State
requirements as shown on Exhibit IV.
10. Hold Harmless
Company agrees to, and shall, hold the City of San Luis Obispo, its Council-
men, officers, boards, commission, committees and employees harmless from any
liability for damages or claims for damages resulting, or alleged to have
resulted, from personal injury, including death, as well as from liability or
claims for property damage, which may arise or be occasioned in any way from
Company's operation and management of a public transit system under this agreement.
Company further agrees to, and shall, defend the City of San Luis Obispo, its
Councilmen, officers, boards, commissions, and employees from any claims, actions,
or suits for any damages or loss whatsoever, caused or alleged to have been
caused, by reason of Company's operation and management of a public transit
system under this agreement.
-4-
u
0
PUBLIC T?ANSPORTATION AGRE_HEN7
11. Sale or Transfer
Company agrees that it will not sell, assign; or transfer, in whole or
in part, any right, title, or interest it possesses by reason of.this agree-
ment, to any other person, without first obtaining'the written consent of
City to such sale, assignment or transfer.
12. Notices
All notices, statements, demands, requests, consents; approvals,
authorizations, offers, agreements, appointments, or designations hereunder
by either party to the other shall be in writing, and shall be sufficiently
given and served upon the other party, if sent.by United States mail, return
receipt requested, postage prepaid and addressed as follows:
City: City Clerk
City of San Luis Obispo
City Hall
P.O. Box 321
San Luis Obispo, California 93401
Company: San Luis Transportation, Inc..
505 Higuera Street
San Luis Obispo, California 93401
13. ComDanv Independent Contractor
It is understood and agreed that Company, at all times and in all.its
operations herein agreed to be performed by Company, is an independent
Contractor, and Company shall at all times have exclusive control of the work
and services to be furnished under this agreement, and shall have the exclusive
right to hire and /or discharge all persons supplying services hereunder, and
said Company shall in no event be deemed to be an agent of the City,, and the
City shall not have any right of control as to the mode of doing the work
contracted for herein, excepted as otherwise provided in this agreement.
14. Termination for Default
All the terms and conditions of this agreement are considered material and
in the event Company defaults in the performance of any of the covenants or
agreements to be kept, done, or performed by it under the terms of this
agreement, the City shall give Company ten days (10) written notice either by
mail or by personal service, setting forth the default, and if Company fails,
neglects, or refuses for a period of more than ten days (10) thereafter to make
good or remedy the default, then.the City without further notice may cancel this
agreement without further obligation to Company.
-5-
PUBLIC TRH NSPOETATION :1CP.EL•aENT
15. Fair Emy1ovment Practices
In the performance of this agreement.. the Company will not discriminate
against any employee or applicant for employment because of race, color,
religion, ancestry, sex, age, or national origin. The Company will take
affirmative action to ensure that applicants are employed, and that employees are
treated. during employment,. without regard to.their race, color, religion,
ancestry, sex, age, or national origin. Such action shall include, but not be
limited to, the.following: employment, upgrading, demotion or transer;
recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including ap-
prenticeship. The Company shall post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the State
setting forth the provisions of this Fair Employment Practices section.
The Company will permit.access to his records of employment, employment
advertisements, application forms, and other pertinent data and records by the
State Fair Employment Practices Commission, or any other agency, of the State of
California designated by the awarding authority, for the purposes of investi=
gation to ascertain compliance with the Fair Employment Practices section of
this contract.
Remedies for Willful Violation:
(a) The State may determine a willful violation of the Fair Employment
Practices provision to have occurred upon receipt of a final judgment
having that effect from a court in an action.to which Company was a
party, or upon receipt of a written notice from the Fair Employment
Practices Commission that it has investigated and determined that
the Company has violated the Fair Employment Practices Act and has
issued an order, under Labor Code Section 1426, which has become
final, or obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Practices provision,
the State shall have the right to terminate this contract.either in
whole or in part, and any loss or damage sustained by the State in
B
PUBLIC T2L %NS?ORTATION AGREE:IFNT
0
securing the goods or services hereunder shall be borne and paid for
by the Company and by his surety under the performance bond, if any;
and the State may deduct from any monies due or that thereafter may
become due to the.Company, the difference between the price named
in 'the contract and the actual cost thereof to the State.
"It is unlawful employment practice for an employer to refuse to hire or employ.,
or to discharge, dismiss., reduce, suspend, or demote, any individual between
the ages of 40 and 64 solely on the ground of age..,.." (Labor Code Section
1420.1)
-7-
. C
IS WITNESS HEREOF; this agreement is executed by both parties.
ATTEST:
r�
Clerk
Approved as to form:
WENDT, MITCHELL, SINTTSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
CO IF ANY :
BY:
TITLE: V
_ 6
DATED: Z0 g
CITY OF.SANV LUIS OBISPO
BY:
Mayor
DATED: Z ►1 a 7As
Approved as to content:
City administrative 0. "cer
public Services Director
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11
HOURS of oP=ATION
School Days .....7:30 AM to 11:25 Ai•I and 12:30 P ?$ to 5:25 P.I
Non School Days ..8:30 Aid to 10:00 LM and 3:30 PM to 4:30 PM
.AST
FHO ^ -OS S v �`�UL�
cvU?
E::IIzIT II
Weekdays:
Osos 0 Pam Lv.
:30
Highway 1 @ Hi.'hlan•d Dr.
:34
Cal i_ornia Men's Colony
:40
Cuesta College Ar.:50 L4.,
:10
.
CamD San Luis Obispo
:14
She --if 's 1'acilitV
:10
'
HiEhaay 1 @ Highland Dr.
:20
Fare: 35Y
Saturday, Sunday i Holidays
Passengers to ha-:e correct
change.
Osos ? PaLm
:00
Children in a__..s _free.
Monthly Pass $12.50 (available
Highway 1 @ Highland Dr.
:05
City Hall only).
Buses can be flashed.
California Men's-Colony
:10
Smoking prohibited on buses.
4
For information cell' 54 '000
Highway 1 @ Highland Drive
:20
Oscs 2 Pals: Ar.
:25
Osos Palm Lv.,
:30
Highway 1 Highland Dr.
:35
California Men's Colony
:4o
High,ray 1 @ Highland Dr.
:50
Osos ? PaLm
:55
HOURS of oP=ATION
School Days .....7:30 AM to 11:25 Ai•I and 12:30 P ?$ to 5:25 P.I
Non School Days ..8:30 Aid to 10:00 LM and 3:30 PM to 4:30 PM
1. :111 11 ; : z -; z ')
!, !-. ( ! r i .. . 01'. iii a
1 i:1-4 .'I •
S O'l t C:, F !
3 t it L. t
2. A,!! It: ron, . C,:�
is
1, ;lro.
1
del ay.; allil d r CC I'S
0!1('Ll IC! III)
as I
;I L *C.
t
S;)cct I iluur no
cumdi Z: s
a bu-S
... I Cl
Dri vor
Ulli-'01-1.1 alld 1103t
170 coutc ous to passn
I C r S a t :3]1 z. -A
S.
failure to fojj0.... r tlles I )olicics ".. d rcsI nolls -*,lit:-
_s S;'-ll :-
1•, for
rio,_-Cs Sal". 'AIC.". SAS
1"0"1
2. trial �CUi)C S Z:
:10 011 :100.
arc
'to Sc.., ice sho:.!ld 1:.,� to
;s 6 L ; I r C. I it !I Luis 'f' 1"0 i S ilf) l' Z
S. "C!, :1 1,1C Q
to
1.0i"JI't
for all _ and pe.-SO'lal ..Cciulollts
7. Drive- :;jjj•:t
voili.clo is Ll:l:iblc tO C011"i11LI0
a
Si.:._ set for-.1-, in tho abo-:e- :- u e 7% a V Oe
the .3 tirt (70) daos notcctC cr77 7--,
--r-11si1 to tine
j S cc-r� -
tc) ti-- to the c0: ------
a
to %..,r suer: insurance in t'Z,.,- S-zat---c- o
c n, 7, -a
r. a d c to set for t °.n the a!---ove-!: e =�,- -ncc--i a -Oun ts o°
;:0-, lc-. rcq=e�ents are met:
a. T*-2 St--ntnl of Caliccrnia, its an'
be as add-i--icnal ins•re ,-z.
c a I i f C. f n , .-I-n
b. in t',.--2 of cal-callation or of th.;--s --c'4---
ins,-,-"-�r ..:2.11 rro-.•ic:c not less than t list. (30) a�%-,ancc
not-:-ze of suc!i canccliation or cj,---n-.-e.
C. T7",•2 Statc- of C.--ilifcrnizi will no". be tc-spcnsi'�.-Ic 'Cr thc
vrcMiul-1 or assCsS::"cnts.
-111"IT
TV STATE
For
or of
all nn.,=-:1:3
or
V i in
one
--o-- Ic-
s
For
Z
in C-ne
$100 1 0 00
4 4
I u
to
.2 n�
to or
2.n3-2: ie s 0
0 Ot C'-
n 3
deat':, c f
or deat'- cf
(,z.:.: c
T...._-
Oers-n
one oers�-)
C-=:••)
f 0
%f C. c:
7
-ass=-n=-2rs, or less
$1,00,000
$3001 0100
$5y, ° =D
; 330,.00
3
t o 12)
i00,000
350,000
50, 0 r", 11)
400 C-0 0
3
to .0
?C1.
loci 000
450, 010 01
50, 013 C,
3CO3 0:x'0
1
to 310 pass= :,cc- s
loo, 000
000
50, 0 0
550, Jvv
cas
.500,
c
1010, AOO
600,000
50, r, 1) r)
650 .0
. 71
passm==m-rs or
lcuo, 000
700, 000
50, 0 ,-j 01
730, rJ 0, -3
Si.:._ set for-.1-, in tho abo-:e- :- u e 7% a V Oe
the .3 tirt (70) daos notcctC cr77 7--,
--r-11si1 to tine
j S cc-r� -
tc) ti-- to the c0: ------
a
to %..,r suer: insurance in t'Z,.,- S-zat---c- o
c n, 7, -a
r. a d c to set for t °.n the a!---ove-!: e =�,- -ncc--i a -Oun ts o°
;:0-, lc-. rcq=e�ents are met:
a. T*-2 St--ntnl of Caliccrnia, its an'
be as add-i--icnal ins•re ,-z.
c a I i f C. f n , .-I-n
b. in t',.--2 of cal-callation or of th.;--s --c'4---
ins,-,-"-�r ..:2.11 rro-.•ic:c not less than t list. (30) a�%-,ancc
not-:-ze of suc!i canccliation or cj,---n-.-e.
C. T7",•2 Statc- of C.--ilifcrnizi will no". be tc-spcnsi'�.-Ic 'Cr thc
vrcMiul-1 or assCsS::"cnts.
r
RESOLUTION NO. 3761 (1979 Series)
r
l
D
)OL t
u ion
f
Y a' V f'
. U ,
z
• • RECOGNITION OF • ACCOMPLISHMENTS OF • • •
DON E. ENGLER . T OF • •• •• POLICE DEPARTMENT.
WHEREAS, Captain-Don E. Englert was appointed to the San Luis Obispo
Police Department as a patrolman on May 15, 1960, and has since been promoted
through all of the ranks to his present position as Captain, commanding the
Operations Bureau; and
WHEREAS, the provision of quality police service to the people of the.
City of San Luis Obispo requires an ever - improving level of management know-
ledge, training, and sophistication which is obtained through personal dedi-
cation to the improvement of skills and by obtaining higher degrees of
university level education; and
WHEREAS, to this end, Captain Don E. Englert recently completed eleven
weeks of intensive training at the 115th Session of the Federal Bureau of
Investigation National Academy in Quantico, Virginia, with studies directed
to the areas of criminal law, management principles, behavioral sciences,
forensic sciences, education and communication arts with an average grade in
excess of 94%; and
WHEREAS, the 115th Session of the FBI National Academy included two
hundred fifty students representing command level law enforcement from every_
state and several foreign countries and, in which, Captain Don E. Englert
distinguished himself by his outstanding educational endeavors.
NOW, THEREFORE, BE IT RESOLVED that this Council hereby proclaims its
pride in and appreciation for the services and accomplishments of Captain
Don E..Englert.
On motion of Councilman Jorgensen seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed_ and adopted this 16th day of January,197.9
Cit erk 'J' Fitzpatrick
E. Schwartz
Approved as to form:
zlz&tn�
Cit Attorney
Approved as to content:
C-ityPIRhr 9-trfftPve Officer
q%
Pol c f
Chie
RESOLUTION NO. 3760 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
DUENOW, BURKE $ SMITH (JAMES DUENOW) FOR LEGAL
COUNSEL FOR POLICE CHIEF IN DISCIPLINARY APPEAL
BY DONALD PRATT.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Duenow, Burke $ Smith (James Duenow) for legal counsel.for Police Chief in
disciplinary appeal by Donald Pratt,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Duenow, Burke $
Smith; City Finance Director; Personnel Director; and Police Chief.
On motion of Councilman Jorgensen , seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT.: None
the foregoing Resolution was passed and adopted this 16th day of January
1979.
ATTEST:
..
�'��
9�/
9J9
R 3760
C
Approved as to form:
City Attorney
0
Approved as to content:
City A nistrative Officer
o
AGREEMENT FOR PROFESSIONAL SERVICES
Re: Appeal of Donald W. Pratt
THIS AGREEMENT made this 16th day of January . 1979r
by and between JAMES M. DUENOW of the law firm of DUENOW, BURKE
& SMITH, hereinafter called "Contractor ", and the CITY OF SAN
LUIS OBISPO, a municipal corporation, hereinafter called "City."
R E C I T A L S
WHEREAS, a protest of disciplinary action has been filed
with the City Council against the City's Police Chief; and
WHEREAS, City has agreed to provide legal representation
for the Police Chief in this action by Donald W. Pratt;
NOW, THEREFORE, City and Contractor, for the considerations
hereinafter set forth, agree as follows:
1. Scope of Work.
Contractor agrees to provide professional services for
the work as follows:
Representation of Police Chief Roger Neuman in the
appeal of disciplinary action filed by Officer Donald W. Pratt.
2. Compensation.
City agrees to pay Contractor as compensation for his
services as follows:
$50.00 per hour for actual hours expended.
3. Payment.
Contractor shall submit claims for payment for services
provided under this agreement monthly to the City Attorney's
Office for processing for payment.
4. Contractor's Responsibility.
Contractor shall attend the necessary conferences with
the Police Chief, Personnel Director, City Administrative Officer,
City Attorney and other such officers of the City as may be neces-
sary in order to assure the proper performance of this agreement.
Contractor agrees to use his best efforts to carry out the terms
specified herein and the City naturally agrees not to interfere
with this effort.
5. City's Responsibility.
City shall provide full information as to its require-
ments for the work to be performed by Contractor.
6. Termination.
This agreement may be terminated by either party upon
fifteen (15) days written notice should the other party fail
substantially to perform in accordance with its terms through
no fault of the other. In the event of termination, due to the
fault of others than Contractor, Contractor shall be paid for
services performed to termination date, including reimbursement,
if any, then due.
7. Conflicts of Interest.
Contractor agrees not to accept any employment during
the term of this agreement by any other person, firm, or corpor-
ation which employment is or may likely develop a conflict of
interest between the City's interests and the interests of third
parties. "Conflict" as used herein shall be as defined and
interpreted in accordance with §1090 of the Government Code.
-2-
8. Time is of the Essence.
Time is of the essence of this agreement and Contractor
shall prosecute the work provided for with such diligence as to
complete the work at the earliest possible date.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
ATTEST:
4 1. H. FITZPATRICK
City Clerk
Approved as to form:
/kffL"'/L
City Attorney
DUENOTA7r BURKE & SMITH
CITY OF SAN LUIS OBISPO
s% €CEHKTH E. SCHWARTZ.
By Mayor Kenneth E. Schwartz
Approved as to content:
City A4ministrative Officer
Polic hief
Personnel Director
-3-
RESOLUTION NO. 3759 (1979 Series)
A RESOLUTION OF THE CITY -OF SAN LUIS - OBISPO AMENDING
RESOLUTION NO. 3640 BY PROVIDING STRAIGHT -TIME PAY FOR
ROLL CALL BRIEFING.
WHEREAS, Article II L of Resolution No. 3640 provides that certain
Police Department personnel are required to report for duty 15 minutes
before the start of their shift for roll call briefing and are paid 3%
of base salary for such duty; and
WHEREAS, payment for such duty represents slightly less than straight-
time pay;
NOW, THEREFORE, be it resolved by the Council of the City of San Luis
Obispo that Resolution No. 3640 be amended as follows:
Section 1. Article II, Section L of Resolution 3640 is hereby
repealed.
Section 2. A new Article II, Section L is hereby adopted as follows:
L. Roll Call Briefing
All Police Officers, Detectives and Sergeants I and II shall report
for duty 15 minutes before the start of their shift for roll call
briefing and training. Personnel attending these training sessions
will receive compensation at a straight -time (hourly equivalent)
rate computed as a percentage of.base pay effective February 1,
1979.
R 3759
• Resolution No. (1979 Series)
On motion of Councilmen Jorgensen. seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution is passed and adopted this 16th day of January,
1979.
ATTEST:
,5WCT&k H. Fitzpatrick
Approved as to form:
City Attorney
GJ :mp
1 -10 -79
Approved as to content:
7r ..
Personnel Dire or
. R.
RESOLUTION NO. 3758 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE .CITY OF SAN
LUIS OBISPO GRANTING ANNUAL RATIFICATION FOR
PARTICIPATION IN A JOINT POWERS AGREEMENT FOR
THE SAN LUIS OBISPO COUNTY AREA COUNCIL OF
GOVERNMENTS.
WHEREAS, this council adopted Resolution No. 3189 (1976 Series) which
approved participation in a Joint Powers Agreement for San Luis Obispo
County Area Council of Governments; and
WHEREAS, Section 6 of Article IV, Membership, of said Joint Powers
Agreement requires annual ratification for continuing participation in
said agreement;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of;,San Luis
Obispo as follows:
SECTION 1. This council hereby ratifies the Joint Powers Agreement
for San Luis Obispo Area Council of Governments for continued participation
by the City through 1979..
SECTION 2. The. "City Clerk is .directed to forward a certified copy
of this resolution to the Area Council of Governments.
On motion of Councilman Jorgensen , seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, P.etterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 16th day of January,
1979.
ATTEST:
i
/� Fitzpatrick
•
Approved as to form:
City Attorney_
Approved as to content:
City A66inistrative Officer
February 14, 1992
Harold Miossi
P. O. Box 606
San Luis Obispo, CA 93406
Dear Mr. Miossi:
This letter is to respond to your February 6th communication and
to verify my intention to continue the long -term practice of the
City to.continue to remove major trash deposited on Miossi Road
in exchange for the City's continued access over this road to its
reservoir site.
I trust this clarifies the City's intent.
Ver yours,
Jo Dunn
Administrative Officer
JD:mc
® PEWIVED FEB 6 iM.32
a
HAND DELIVERED
Mr. John Dunn
City Administrator
City of San Luis Obispo, CA
San Luis Obispo, CA
Dear John:
Box 606, San Luis Obispo, CA 93406
February 6, 1992
Before Dave Romero leaves office, I think it might be advisable to review the
background that led to attached Resolution 3757 (1979 Series) and the informal
understanding Mr. Romero and I have about the City's use of Miossi Road for accessing
the City's reservoir from Loomis Street.
The State highway's easement for that stretch of road was abandoned in 1947 and
the road reverted to our family's ownership in fee. By the middle 1970's refuse dumping
along the road had become such a problem we thought seriously of closing it, but realized
it would be a serious inconvenience to the City since it would necessitate several miles of
extra travel to reach the reservoir. Accordingly, we executed the enclosed Agreement dated
January 16, 1979.
From time to time when there were sizeable deposits of trash, Mr. Romero had the
city crew remove them as convenience. These have been rare occurrences, maybe 2 or 3
times a year. The problem with allowing refuse to remain is that it gives other people the
idea of a place to dump.
This past week two truck loads of palm fronds were dumped in broad daylight. We
wish to continue to accommodate the City, as well as others who use the road for
recreation; we are reluctant to close it, but may be forced to do so if dumping increases.
r Would you please confirm with Mr. Romero that we have an understanding for removal of
I` major litter deposits? This will enable you and others to continue to use the road.
So far as ordinary litter, many of the joggers and dog walkers, as well as myself;
gather that up and deposit it in a receptacle that I have provided.
Sincerely,
HAROLD MIOSSI
HM /mp
Enclosure
RESOLUTION NO. 3757 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
HAROLD MIOSSI FOR CITY USE OF A PRIVATE ROAD FOR
RESERVOIR ACCESS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Harold Miossi for City use of a private road for reservoir access,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Harold Miossi,
and the Public Services Department.
On motion of Councilman Jorgensen seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of January
1919.
ATTEST:
f
erc"J.H. Fitzpatrick
R 3757
O
Approved as to form: Approved as to content:
.. XL
George C. Thacher, City Attorney Cit mans a ive Officer
Director of Public Services
AGREEMENT
This agreement, made and entered into this 16th day
of January 1 19 79 , by and between the CITY OF SAN LUIS OBISPO,
a municipal corporation of California (hereinafter "City ") and
HAROLD MIOSSI (hereinafter "Miossi"),
WITNESSETH:
WHEREAS, Miossi is owner of that certain private road
set out and described on Exhibit "A ",attached hereto and incor-
porated herein by this reference; and
WHEREAS, City desires to use the private road as a means
of access to City's reservoir located at the base of Cuesta Grade;
NOW; THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Miossi hereby consents to use of the described private
road by City whenever necessary for vehicular or pedestrian access
to the described reservoir.'
2. City agrees to hold Miossi free and harmless from any
claims or judgments against Miossi resulting directly from any
negligent acts or omissions of City arising out of its use of the
described private road.
3. Either party hereto may terminate this agreement on 1.
sixty (60) days written notice to the other party.
j
IN WITNESS WHEREOF, the parties hereto have affixed
their signatures hereto on the day and month first written above.
.ATTEST:
C jerk J. H. Fitzpatrick
Z-Vel
Harold Miossi
Approved as to form: Approved as to content:
Al
City Attorney
Cityr-AMIAYstraitive Officer
Director of Public Services
-2-
i
i
RESOLUTION NO. 3756 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE FINAL MAP OF TRACT 727, PEACHWOOD
CONDOMINUMS, AND AUTHORIZING EXECUTION OF THE SUBDIVISION
AGREEMENT.
BY IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council previously made certain findings regarding Tract
727 as contained in Resolution No. -3585 (1978 Series).
SECTION 2. WHEREAS, a cashbond in the amount +,$400.00,has
been deposited with the Clerk of the City of San Luis Obispo to guarantee
completion of frontage improvements and building location certification.
SECTION 3. This Council now hereby approves the final map of Tract 727,
Peachwood Condominums, located at 680 Chorro St., and authorizes the Mayor to
execute the Subdivision Agreement.
On motion of Councilman Jorgensen , seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor"Schwar-tz
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted
1979.
ATTEST:
Z proerk JH. Fitzpatrick
ved as to form:
__.Z2 &��/1,
City Attorney
16th day of January ,
Approved as to content:
I i
Cit i a v ficer
Community D I elopmen irector
City Engineer
R 3756
THIS AGREEMENT, dated this
between Gann Investments
AGREEMENT
16th clay of January
1979 by and
. herein referred
to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the
"City"
W I T N E S S E T H:
REFERENCE IS HEREBY \LVIDE to that .certain proposed subdivision of that certain
real property in the City of San Luis Obispo, County of San Luis Obispo, State of
California, description of which is shown on final "Map of Tract No. 727
Peachwood Condominium's, 680 Chorro Street
City of San Luis Obispo, California ",
as approved by the City Council, on the 16th day of January X19 79
WHEREAS, the Subdivider desires that said Subdivision Map of said Tract No.727 ,
be accepted and approved as a final map pursuant to the Subdivision Regulations and
':`Ordinances of the City of San Luis Obispo, and
WHEREAS, it is a condition of said regulations and ordinances that the Sub-
divider agrees to install the street improvements and utility lines and facilities
as set forth on the plans therefore.
NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby
agree to construct and install the following subdivision improvements in accordance
with said subdivision ordinances and regulations, and in accordance with approved
plans and specifications on file in the office of the City Engineer, City of San Luis
Obispo, to wit:
1. CURBS, GUTTERS and SIDEWALKS
2. STREET BASE and SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property
line and water services to the curb stop.
4. DRAINAGE STRUCTURES
S. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec-
tion and approval of such facilities by the City, each public utility
shall be required to file a letter stating that the developer has prop-
erly 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 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 establshed by the
e Subdivider in accordance with said approved plans and specifications.
0
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 Council, provided
that if completion of said work is delayed by acts of God or strikes, 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.
The Subdivider does also agree to comply with the following conditions establi-
shed by the Planning Commission and /or the City Council.
1. Tract corners shall be set by a registered Civil Engineer or
Land Surveyor.
2. A registered Civil Engineer or Land Surveyor shall certify that
the structures are located correctly prior to release of
structures for occupancy.
3. Subdivider shall construct standard street improvements on Peach
Street, consisting of curb, gutter, sidewalk, handicap ramp at
corner and street paving. Driveway ramp shall be 20 -feet wide
minimum.
As to public lands or section property included within said Subdivision, if any,
for the restoration of lost section corners and for retracement of Section lines, the
method followed shall be in accord with the instructions set forth in the "Manual of
Instructions" for Survey of Public Lands of the United States, published by the
Commissioner of General Land Office, Department of Interior, Washington, D.C.
-2-
The Subdivider hereby attaches hereto, and as an integral part hereof, and as
security for the performance of this agreement, (instrument of_ credit /bond) approved
by and in favor of the City of San Luis Obispo, and conditional upon the faithful
performance of this agreement, which said (instrument of credit /bond) is in the amount
of $ 400.00 , and which is in 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
Section 11612.1 (c) of the Business and Professions 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 improve-
ments arising within a period of one year following the completion and acceptance
thereof against any defective work or labor done, or defective materials furnished,
in the performance of this agreement.
Completion of the work shall be deemed to have occurred on the date as of which
the City Council shall, by resolution duly passed and, adopted, accept said improve-
-ments according to said plans and specifications, and any approved modifications
thereto. Neither periodic or 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, then
in that event, the Subdivider agrees that City may, at its option, declare the bond,
instrument of credit., or cash deposit, which has been posted by Subdivider., to
guarantee faithful performance, forefeited 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 material bond in
the amount of 50% of the above described subdivision improvements in accordance
with State law.
Said Subdivider shall deposit with the City the sum of $ 50..00 ,
from which deposit the City will pay the salary and expenses of an inspector or
inspectors to inspect installation of said subdivision improvements and certify
that they have been completed in accordance with the plans and specifications.
Any unexpended monies will be returned to the Subdivider. In the event the
inspection fees exceed the sum of $ 50.00 the difference is to be paid
by the City of San Luis Obispo. The City reserves the sole discretion in determining
1301
e
the amounts to be paid for salary and expenses of said inspector or inspectors,
Article 9, Chapter I 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 Parties 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:
16th day of January 19 79
Approved as to form
- — - A/���
City Attorney
16th day of January 1979
ineer
- 4 -
Subdivid
sl KENNETH E. SCHWA TZ
Mayor Kenneth E. Schwartz
Attest: s7J. H FITZPATRICK
City Clerk J.H. Fitzpatrick
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RESOLUTION NO. 3755 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP OF TRACT 705, AND AUTHORIZING
EXECUTION OF THE SUBDIVISION AGREEMENT.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council previously made certain findings regarding Tract 705
as contained in Resolution No. 3500 (1978 Series).
SECTION 2. WHEREAS a cash bond in the amount of $3,850.00 has been deposited
with the Clerk of the City of San Luis Obispo to guarantee completion of Tract
monumentation and certification, standard street improvements including full street
paveout and installation of automatic garage door openers.
SECTION 3. This Council now grants final approval of the map of Tract 705,
located at 3003 Rockview P1., and authorizes the Mayor to execute the Agreement.
On motion of Councilman Settle -,.seconded by Councilman Petterson ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted t
1979.
ATTEST:
Ci erk J.H. Fitzpatrick ,
Approved as to form:
City Attorney
Approved as
Community livelopmentjDirector
1
ity neer
R 3755
AGREEMENT
THIS AGREEM.ENT, dated this 16th day of January
between PIike DeNeve
1979 , by and
herein referred
to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the
"City"
W I T N E S S E T 11:
REFERE•NCE'IS HEREBY hL1DE to that certain proposed subdivision of that certain
real property in the City of San Luis Obispo, County of San Luis Obispo, State of
California, description of which is shown on final "Map of Tract No. 705
3003 Rockview P1.
City of San Luis Obispo., California ",
as approved by the City Council, on the 16th day of January
19 79
WHEREAS, the Subdivider desires that said Subdivision Map of said Tract No. 705 ,
be accepted and approved as a final map pursuant to the Subdivision Regulations and
Ordinances of the City of San Luis Obispo, and
h'HEREAS, it is a condition of said regulations and ordinances that the Sub-
divider agrees to install the street improvements and utility lines and facilities
as set forth on the plans therefore.
NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby
agree to construct and install the following subdivision improvements in accordance
with said subdivision ordinances and regulations, and in accordance with approved
plans and specifications on file in the office of the City Engineer, City of San Luis
Obispo, to wit:
1. CURBS, GUTTERS and SIDEWALKS
2. STREET BASE and SURFACING
3. WATER MAINS and SEINER MAINS, including sewer laterals to the property
line and water services to the curb stop.
4. DRAILNAGE STRUCTURES
S. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec-
tion and approval of such facilities by the City, each public utilit}
shall be required to file a letter stating that the developer has prop-
erly 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 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 he establshcd by the
Suhdivider in accordance with said approved plans and specifications.
c�
0
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 twenty four (24) months of said
recording date, unless an extension has been granted by the City Council, provided
that if completion of said work is delayed by.acts of God or strikes, 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.
The Subdivider does also agree to comply with the following conditions establi-
shed by the Planning Commission and /or the City Council
1. That the tract corners be set by a registered Civil Engineer or Land
Surveyor.
2. A registered Civil Engineer or Land Surveyor shall.certify the correct
location of the structures.
3. Subdivider shall construct standard street improvements at property
frontage consisting of curb, gutter, sidewalk and full street paving.
4. Subdivider shall_ soundproof the interior of the dwelling units to a
45 Db level.
5. Subdivider shall install automatic door openers on all garage doors.
As to public lands or section property included within said Subdivision, if any,
for the restoration of lost section corners and for retracement of Section lines, the
method followed shall be in accord with the instructions set forth in the "Manual of
Instructions" for Survey of'Public Lands of the United States, published by the
Commissioner of General Land Office, Department of Interior, Washington, D.C.
-2-
'rile Subdivider hereby attaches hereto, and as an integral hart hereof, and is
a certified check
security for the performance of this agreement, (instrument of credit /bond) approved
by and in favor of the City of San Luis Obispo, and conditional upon the faithful
a certified check
performance of this agreement, which said (instrument of credit /bond) is in the amount
of S 3,850..00 and which is in 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
Secticn 11612.1 (c) of the Business and Professions Code of the State of California,
upon final completion and acceptance of the work, City will release all but 100 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 improve-
ments arising within a period of one year following the completion and acceptance
thereof against any defective work or labor done, or defective materials furnished,
in the performance of this agreement.
Completion of the work shall be deemed to have occurred on the date as of which
the City Council shall, by resolution duly passed and adopted, accept said improve-
ments according to said plans and specifications, and any approved modifications
thereto. Neither periodic or 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, then
in that event, the Subdivider agrees that City may, at its option, declare the bond,
instrument of credit, or cash deposit, which has been posted by Subdivider, to
guarantee faithful performance, forefeited 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 material bond in
the amount of 50a of the above described subdivision improvements in accordance
with State law.
Said Subdivider shall deposit with the City the sum of $ 100.00
from which deposit the City will'pay the salary and expenses of an inspector or
inspectors to inspect installation of said subdivision improvements and certify
that they have been completed in accordance with the plans and specifications.
Any unexpended monies will be returned to the Subdivider. In the event the
inspection fees exceed the sum of.$ 100.00
, the difference is to be paid
by the City of San Luis Obispo. The City reserves the sole discretion in determining
a . -3-
G O
the amounts to he paid for salary and expenses of said inspector or inspectors.
Article 9, Chapter I 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 Parties 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:
16th day of January 19 79
Approved as to form
AL/C
City Attorney Subdivider
16th day of January 19 79 sj KENNETH E. SCHWARTZ
mayor Kenneth E. Schwartz
Attest: s71. H. FITZPATRICK
City Engineer City Clerk J,H. Fitzpat
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RESOLUTION NO. 3754 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING FINAL APPROVAL OF PARCEL MAP NO. SLO -78 -104
LOCATED AT 2121 MONTEREY ST. (MURPHY & WILLETT INVESTMENT
COMPANY, APPLICANT).
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council previously made certain findings concerning
Parcel Map 8LO -78 -104 as contained in Resolution No. 3604 (1978 Series).
SECTION 2. Whereas a cash bond in the amount of $8,150.00 has been
deposited with the City of San Luis Obispo to guarantee:
1. Construction of full width sidewalks and driveway ramps.
2. Construction of four additional parking spaces on Lot.2.
3. That one hour fire protection be provided for buildings facing the
new lot line.
4. Separate water service for each lot.
SECTION 3: This Council now grants final approval of Parcel Map SLO -78 -104
(Murphy & Willett Investment Co.,. applicant) and authorizes the Mayor to sign
the agreement.
On :motion of Councilman Jorgensen seconded by Councilman Settle and
on the-following roll call vote:
—r -- -- - - -- .,,
AYES: Councilmen Jo gensen, Petterson, Settle ;and Mayor Schwartz
NOES: None
ABSENT: Councilman Dunin
\ -
the foregoing resolution was passed and adopted this 16th day of January ,
1979.
ATTEST:
Apr
Cit rk J.H. Fitzpatrick
Approved as to form:
City Attorney
Approved as to content:
Community evelopmq& Director
Act-y' Erl ine
City A ministrative Officer
R 3754
C1
THIS AGREEMENT, dated this 8th
AGREENENT
day of January
c
. 1.9 79 by and
between Murphy & Willett Investment Company , herein referred
to as "Subdivider ", and. the CITY OF SAN LUIS OBISPO, herein referred to as the
"City".
W I T N E S S E T H:
�1_
REFERENCE IS HEREBY ?LADE to that certain proposed subdivision of that certain
real property in the City of San Luis Obispo, County of San Luis Obispo, State of
California, description of which is shown on final Parcel Map No. 78 -104
Located at 2121 Monterey St.
City of San Luis Obispo, California ",
as approved by the City Council, on the 16th day of January 1979
WHEREAS, the Subdivider desires that said Parcel Map No..
be accepted and approved as a final map pursuant to the Subdivision Regulations and
`-Ordinances of the City of San Luis Obispo, and Parcel Map No. 78 -104.
WHEREAS, it is a condition of said regulations and ordinances that the Sub-
divider agrees to install the street improvements and utility lines and facilities
as set forth on the plans therefore.
NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby
agree to construct and install the following subdivision improvements in accordance
with said subdivision ordinances and regulations, and in accordance with approved
plans and specifications on file in the office of the City Engineer, City of San Luis
Obispo, to wit:
1. CURBS, GUTTERS and SIDEWALKS
2.. STREET BASE and SURFACING
3. WATER PLAINS and SEWER PLAINS, including sewer laterals to the property
line and water services to the curb stop.
4. DRAINAGE STRUCTURES
S. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec-
tion and approval of such facilities by the City, each public utility
shall be required to'file a letter stating that the developer has prop -
erly installed all facilities to be provided by him, and that the said
utility is prepared to provide service to residents upon request.
7. ANY 8 ALL OTHER PIPROVENIENTS shown on plans or required by City regulations.
All 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 establshed by the
a Subdivider in accordance with said approved plans and specifications..
The Subdivider agrees that the work of installing.the above improvements shall
begin within thirty (30 ) days from the date of recording of the final map,
and that the work shall be completed within twelve (12) months of said
recording date, unless an extension has been granted by the City Council, provided
that if completion of said work is delayed by acts of God or strikes, 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.
The Subdivider does also agree to comply with the following conditions establi-
shed by the Planning Commission and /or the City Council..
1. Full width sidewalk shall be provided across the entire frontage.
2. Driveways shall be constructed as shown on tentative parcel map.
3. Applicant shall construct four additional parking spaces on Lot 2.
as indicated on approved tentative map — to a total of 44 spaces.
4. Both buildings facing the proposed interior lot line shall be provided
with one hour fire protection per uniform building code.
5. Separate water services be provided for each lot.
As to public lands or section property included within said Subdivision, if any,
for the restoration of lost section corners and for retracement of Section lines, the
method followed shall be in accord with the instructions set forth in the "Manual of
Instructions" for Survey of Public Lands of the United States, published by the
Commissioner of General Land Office, Department of Interior, Washington, D.C.
-2-
0
The Subdivider herty attaches hereto, and as an integral part hereof, and as
security for the performance of this agreement, (instrument of credit /bond) approved
by and in favor of the City of San Luis Obispo, and conditional upon the faithful
performance of this agreement, which said (instrument of credit /bond) is in the amount
of $ 8,150.00 , and which is in 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
Section 11612.1 (c) of the Business and Professions Code of the State of California,
upon final completion and acceptance of the work, City will release all but 10a 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 improve-
ments arising within a period of one year following the completion and acceptance
thereof against any defective work or labor done, or defective materials furnished,
in the performance of this.agreement.
Completion of the work shall be deemed to have occurred on the date as of which
the City Council shall, by resolution duly passed and adopted, accept said improve-
ments according to said plans and specifications, and any approved modifications
thereto. Neither periodic or 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, then
in that event, the Subdivider agrees that City may, at its option, declare the bond,
instrument of credit, or cash deposit, which has been posted by Subdivider, to
guarantee faithful performance, forefeited 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 material bond in
the amount of 50% of the above described subdivision improvements in accordance
with State law.
Said Subdivider shall deposit with the City the sum of $ 200.00
from which deposit the City will pay the salary and expenses of an inspector or
inspectors to inspect installation of said subdivision improvements and certify
that they have been completed in accordance with the plans and specifications.
Any unexpended monies will be returned to the Subdivider. In the event the
inspection fees exceed the sum of $ 200.00 , the difference is to be paid
by the City of San Luis Obispo. The City reserves the sole discretion in determining
-3-
the amounts to be paid for salary and expenses of said inspector or inspectors.
Article 9, Chapter I 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 obligatons.of the Subdivider under
this agreement.
It is understood and agreed by and between the Parties 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:
16th day of January , 1972_
Approved as to form
City Attoriigy Subdivider 1
16th day of January 1979 s] Kc "NN =TH E. SCMARTZ
Mayor Kenneth E. Schwartz
Attest: s71. H. FITZPATRICK
Cityr ngineer City Clerk J.H. Fitzpatrick
- 4 -
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RESOLUTION NO. 3753 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
VIDAR CORPORATION FOR CONSTRUCTION OF PARKING SPACES
ON THE SINSHEIMER PARK PROPERTY.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:.
SECTION 1. That certain agreement, attached hereto marked Exhibit 11111
and incorporated herein by reference, between the City of San Luis Obispo and
Vidar Corporation for construction of 65_:parking spaces on the Sinsheimer
Park Property,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Vidar Corporation,
Director of Public Services, Finance Director, and Director of Parks and
Recreation.
On motion of Councilman Dunin , seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of January ,
1979.
ATTEST:
C1er< J.H. Fitzpatrick
0
R 3753
Resolution No. 37
Approved as to form:
A/
City Attorney
(1979 Series)
Approved as to content:
City Id"m'iJr1s`'t `r&1Kve tTficer
AGREEMENT
This Agreement is made this 16th day of January , 1979,
by and between the CITY OF SAN LUIS OBISPO (hereinafter "City "),
and VIDAR CORPORATION (hereinafter "Vidar ").
WITNESSETH:
It is mutually agreed by and between the parties hereto as
follows:
1. City will survey, design, contract for construction, in-
spect and administer the contract for the improvement of 65 parking
spaces to be located on the Sinsheimer Park property as shown on
Exhibit "A ", attached.
2. Vidar agrees to deposit with City, within thirty (30)
days following the date of execution of this agreement, funds equal
to the contract construction costs as estimated by City, $11,000.00.
Should bidding reflect a higher cost, Vidar reserves the right to
terminate this agreement and City shall refund the $11,000.00
deposit.
3. An award of bid for the parking space construction shall
be made within sixty (60) days following execution of this agreement,
with completion of the work scheduled within sixty (60) days following
award.
4. Construction work is to consist of grading, placement of
six (6) inches. of aggregate base, prime coat, one inch of asphaltic
concrete, seal coat, striping and wheelstops, all to be constructed
in accordance with City standards. Within thirty (30) days of com-
pletion and acceptance of construction work, City agrees to refund to
Vidar all unused funds from the $11,000.00 deposit.
5A. The 65 parking spaces will be available to Vidal exclusive-
ly for its use and the use of its employees and guests during the
hours of 7:00 A.M. to 2:00 P.M. weekdays and to the general public
at all other hours. City will post and maintain signs on the
parking lot, stating use hours.
B. Except during this defined period of exclusive use, the
spaces shall be available to the general public, Vidar included,
on a first come, first served basis.
Upon termination of this agreement for any cause, Vidar
shall have no further right to use any of the spaces, exclusively
or otherwise. Upon such termination, City reserves the right to
post signs restricting parking (1) to users of the adjacent recre-
ation facilities, or (2) to any other- class whatsoever.
6. At such time as Vidar determines that it has no further
need of the 65 parking spaces, it shall so notify the City at
least 90 days prior to the termination date, but no sooner than
one year from the date of this agreement.
7A. Upon termination of the parking use by Vidar, City
agrees to compensate Vidar for direct construction cost contri-
buted to the project, deducting therefrom a depreciation factor
computed on the basis of $5.00 per car space per month. City
will prepare this calculation and, subject to availability of
funds, will then compensate Vidar within thirty (30) days of
cessation of parking use.
B. Vidar's.rights to exclusive use of the parking lot
shall terminate upon full depreciation of the construction cost
for the parking lot (based on the $5.00 per space per month
factor set out above) unless sooner terminated by either party.
-2-
8. City agrees to absorb all maintenance and repair work for
the parking area during the term of this agreement.
9. Parties, by mutual consent, may modify any terms of this
agreement.
10. Vidar shall indemnify and hold harmless City from all claims
and demands made against City, as a result of Vidar's use of the
parking spaces and adjacent areas under the terms of this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be executed on the date first written above.
ATTEST:
s1 I H. FITZPATRICK
City Cierk J.H. Fitzpatrick
TRW INC. BY AND THROUGH ITS VIDAR DIVISION
By /� /A0 y
CITY OF SAN LUIS OBISPO
By sl KENNETH E. SCHWAP.TZ
Mayor Kenneth E. Schwartz
-3-
0.
Approved as to form:
City Attorney
4
Approved as to content:
City Adrmirm7strative officer
51—rector of' Public Services
Oaasl
,and Relation Director
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X.
RESOLUTION NO. 3752 (1979 Series)
A RESOLUTION OF THE COUNCIL OF'THE CITY OF SAN LUIS .
OBISPO REGARDING UNDERGROUNDING OF OVERHEAD UTILITY
LINES-WHEN STREET WIDENING IS.REQUIRED AS A CONDITION
OF APPROVAL OF A PRIVATE LAND PROJECT..
WHEREAS, the City of San Luis Obispo has.for,some time determined that
the elimination of overhead utility lines is desirable; and
WHEREAS, the appropriate time for such elimination and placing under-
ground of such wires is at the time the street is widened; and
WHEREAS, past City policy required undergroundi'ng only for City-
initiated projects; and
WHEREAS, certain widenings are done as a condition of approval of cer-
tain private land development projects abutting such streets; and
WHEREAS, the City has a limited budget for such work;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION'1. The City will require the developer of any private land
project which includes widening of abutting streets to underground all
existing utilities which are located above ground in the area of the
widening.
SECTION 2. This requirement- may be waived for those projects which
do not exceed 500 feet.in Tength or one city block, whichever is shorter.
SECTION 3. The Council of the City of San Luis Ob "ispo may waive or
modify this requirement if it can be shown that there is a definite technical
or engineering problem making the performance of this requirement unfeasible.
i
R 3752
RESOLUTION NO. 37516
r� (1979 Series)
On motion of Councilman Settle , seconded by Mayor Schwartz ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 16th day of
January—, 1979.
ATTEST:
erk, J. H. Fitzpatrick
Approved as to form:
City Attorney, George Thacher
HE /WAP /md
Approved as to content:
C nistrative Officer
Community Dive 1 opmen Director
�t 7Eeer-
ublic
Services Director
RESOLUTION 110. 3751 (19 79 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
COMMUNITY BROADCASTING, INC. (KCBX RADIO) FOR
LOCATION OF A RADIO SIGNAL RECEIVING SITE AT THE
WASTE WATER TREATMENT PLANT.
BE IT RESOLVED by the Council of the City of San Luis Obispo as-follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Community Broadcasting, Inc. (KCBX Radio) for location of a radio signal
receiving site at the waste water treatment plant, is hereby approved and
the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Director of Public
Services, Community Broadcasting, Inc. and the City Finance Department.
On motion of Councilman Petterson , seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day of January ,
19 79.
ATTEST:
C erc J.H. Fitzpatrick
R 3751
0
RESOLUTION NO. 3751
Approved as to form:
George C. Thacher, City Attorney
Approved as to content:
(1979 Series)
�
-c zxx City A Yn- s ative Officer
Director of Public Services
LEASE
This agreement, made and entered into this. 2nd day of
January 1979, by and between THE CITY OF SAC LUIS OBISPO,
a municipal corporation and political subdivision of the State
of California ( "City ") and COMMUNITY BROADCASTING, INC.,
operator of Radio Station KCBX ( "KCBX ").
WITNESSETH-
1. City leases to KCBX, and KCBX hires from City, certain
real property located in the City of San Luis Obispo, San Luis
Obispo County, California, being such portion of the premises
of the San Luis Obispo City Waste Water Treatment Plant, as the
parties shall hereinafter mutually agree,,and when such agreement
is reached KCBX shall cause a plat to be made thereof describing
the premises with specificity, and when prepared a copy of this
plat shall be attached to this lease as Exhibit "A" and incorporated
herein by this reference as though copies in its entirety.
2. This lease shall be for a term of ten (10) years,
commencing -on January 1, 1979 and ending on
December 31, 1988
3. KCBX agrees to pay City as rent for this lease the sum
of ONE DOLLAR AND NO /100 ($1.00) per year during the term of this.
lease which rent shall be.payable annually during the term of
this lease..
4. KCBX shall have the option to renew this lease on the
same terms and conditions as appear herein on the expiration of
the term of this lease for an additional term of ten (10) years.
o
KCBX shall give City notice of its intention to exercise the
. foregoing'option not less than sixty (6.0) days prior to the
expiration of the term of this lease.
5. City shall be entitled to make any use of the leased
premises which is not inconsistent with the purposes for which
this lease is made, and in this respect City hereby specifically
agrees that neither it or its agents, employees, or. assigns,
whomsoever, shall perform any act either on the.leased premises
or on the premises on which the leased premises are a part which
will impair or interfere with the use of the leased premises as
a radio signal receiving site by KCBX.
6. KCBX shall be entitled to use the premises herein
leased solely for the purpose of installing and operating on
the premises a National Public Radio Earth Station Receive Only
Terminal facility as may be necessary or convenient.for the
reception of satellite radio signals.
7. City shall provide a right -of -way affording KCBX
reasonable ingress and egress to the premises being leased.
KCBX shall improve, if. necessary, and.maintain the right -of-
way provided. KCBX shall.also be entitled to an.easement for
full utilities and-telephone on, over, and across the right-
of-way provided.
8. KCBX shall pay before delinquency all taxes, assess -.
ments, licenses, and other charges that are levied and assessed
against KCBX's personal property installed on or located in or
on the leased premises and against the real property leased
under this agreement, that become payable during. the time of
this lease. This clause shall not be construed to impose upon.
-2-
- o
KCBX any duty to pay any taxes, attributable to property not owned
or used by it.
9. KCBX shall make all arrangements for and pay for all
utilities and services furnished to or used by it on the leased
premises, including, without limitation, gas, electricity., water,
telephone service, and trash collection, and for all connection
charges.
10. KCBX shall not assign this lease in whole or in part not
sublet the premises in whole or in part without the written con-
sent of City first h'ad and obtained. City shall be under no
obligation to grant said consent. Any dissolution; merger, con-
solidation, or other reorganization of KCBX shall be deemed to
be a voluntary assignment within the meaning of this clause.
11. No interest'of KCBX in this lease shall be assignable
by operation of law. Each of the following acts shall be con-
sidered an involuntary assignment:
(a) If KCBX is or becomes bankrupt or insolvent,
makes an assignment for the benefit of creditors, or
institutes a proceeding under the Bankruptcy Act in
which KCBX is adjudicated a bankrupt;
(b) If a writ of attachment or execution is levied
on this lease;
(c) If, in any proceeding or action to which KCBX
is a party, a receiver is appointed with authority to
take possession of the premises.
Any involuntary assignment shall constitute a default by
KCBX and City shall have the right to elect to terminate this
lease, in which case this lease shall not be treated as an asset
of KCBX, except that KCBX shall have sixty (60) days in which
-3
V
to cure any default as defined above by terminating any bank-
ruptcy or insolvency proceedings, releasing any writ of attach-
ment or execution, and.terminating the power of any receiver
appointed with authority to take possession of.th.e premises.
12. KCBX, as a condition to any rights under this lease,
must establish and maintain its qualifications as a non - profit
organization.under California State Franchise Tax laws.
13. KCBX agrees to keep said premises in a clean, wholesome
condition, free from rubbish, garbage and like accumulations of
waste, and KCBX agrees at all times to comply with all State,
federal and local rules and regulations with reference to the
operation and.occupation of the premises in the conduct of the
business thereon, and to use its best efforts to'keep down and
to prevent the spread of all noxious weeds and pests, except it
shall have no responsibility in these respects for the acts of
anyone.other than itself, its agents, and its employees.
14. City shall have the right at all reasonable times to
enter upon the premises.for the purpose of inspecting the same,
determining that all the terms, covenants and conditions of
this lease are being.kept and performed by KCBX.
15. KCBX shall hold City harmless from any and all damages
arising out of any damage to any person or property occurring in,
on or about the leased premises, except that City shall be liable
to KCBX for damage resulting from the acts or omission of City
.or its authorized representatives. City shall hold KCBX harmless
from all damages
arising out
of
any such
damage.
The
parties'
obligation under
this clause
to
indemnify
and hold
the
other
party harmless shall be limited to that sum. which exceeds the
-4
amount of insurance proceeds, if any, received by the party
being indemnified. Lessee at its cost shall maintain public
liability and property damage insurance with a single limit
of $1,000,000.00 insuring against all liability of KCBX
and its authorized representatives arising out of and in
connection with KCBX's use or occupancy of the premises. The
insurance provided shall be primary to City's insurance coverage..
All public liability insurance and property.damage insurance
shall insure performance by KCBX of.the indemnity provisions
of this clause. The parties hereto hereby release each other
from any and all.claims which either may have against the
other which may supply the basis for a subrogation claim by
anyone insuring either.
16. Time is of the essence of this agreement.
17. Notwithstanding any provisions herein to the contrary
City reserves the right to terminate this agreement without
cause on six (6) months written notice to KCBX. In the event
of a termination under the provisions of this section or under
the provisions of any other section herein, within thirty (30)
days following the termination date KCBX shall remove all its
equipment and other materials from the leased premises and
shall return the leased premise$ and appurtenances, including
but not limited to irrigation systems,•to the condition which
existed thereon prior to the execution of this agreement, all
subject to the approval of City's Director of Public Services.
18. Each of the terms, covenants, conditions of this
lease are mutual and dependant, and any breach of any of the
said terms, convenants, or conditions shall constitute grounds
for the termination, cancellation, or forfeiture of this lease.
-5-
In the event of anyl such breach of any of the terms, covenants,
and conditions hereof, City shall have.the right to re- enter
the said premises, with or without the use of legal process, and
may thereafter have and hold the same as in their first and
.former state., free.from any rights or claims of KCBX by reason
of this lease; provided, however, that KCBX shall have.a reason-
able opportunity in which to cure any defaults of any of the
terms, covenants, or conditions of this lease.
19. In the event it becomes necessary for City to commence
any action or proceeding in law or equity to collect any payments
of rental due herein, or to enforce any of the other terms,
covenants, or conditions hereof, or to declare a forfeiture of
this lease, or to enforce any other right of City under the
terms of this lease, KCBX agrees that in such event it will pay
all costs of such suit, action,, or proceedings, including a
reasonable amount as and for attorney's fees, if City shall: pre-
vail in any such proceedings.
20. This lease shall be subject to and subordinate to all
laws, rules and regulations of the Federal Communications Com-
mission, the United States, the State of California and City of
San Luis Obispo, inlcuding.any and all conditions imposed by
the City Council and City boards and commissions.
21. This lease shall extend to and be binding upon the
parties hereto, their representatives, assigns and successors,
whomsoever.
22. Any notice required or permitted to be given or served
under the. terms hereof shall be deemed to be delivered and served
when deposited in the United States mail, certified mail, return
receipt requested, postage prepaid, addressed as follows:
S.
0 J
CITY:
City of San Luis Obispo -
P. 0. Box '321
San Luis Obispo, CA 93406
KCBX:
Community Broadcasting, Inc.
P. 0. Box 95
San Luis Obispo, CA 93406
23. This lease contains the entire agreement of the
parties on the matters covered and it may not be modified except
by a writing signed by the parties hereto.
24. This lease shall be subject to.the approval of the
Federal Communications Commission of the United States, and
should the Federal Communications Commission refuse to approve
this lease, then the rights of the parties hereto shall cease
and determine, and this lease shall be of no further effect.
Lessee hereby agrees to make application for the foregoing
approval forthwith on the application on this and prosecute the
application diligently.
IN WITNESS WHEREOF, the parties have executed this lease
on the date first above written.
ATTEST:
COMMUNITY BROADCASTING,', INC.
Chairman of, the Board of Directors
Community Broadcasting, Inc
CITY OF SAN LUIS OBISPO, a
municipal corporation
s% 1. H. FITZPATRICK _ sZ KEN T,H E. SCHWARTz
City Clerk J. H. Fitzpatrick Mayor Kenneth E. Schwartz
0
Approved as to form:
City —Attorney
0
Approved as to content:
City il�dmflias-trative Officer
Director of Public Services
bx
01
I I I Zy
li
Y.
S. 141CUL:F\,C) Sr;
RESOLUTION NO. 3750 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT WITH NEIL MALONEY
(1900 WOODLAND DR.) FOR THE INSPECTION OF SEWER AND
WATER MAINS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, a copy of which is attached hereto,
between Neil T. Maloney and the City of San Luis Obispo, is hereby approved and
the Mayor is.authorized to execute same.
SECTION 2. The City Clerk shall furnish a copy of this Resolution together
with the agreement to Neil T. Maloney and the City Engineer.
On motion of Councilman Pettergorseconded by Councilman Settle and on
the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted
1979.
ATTEST:
rk J.H. Fitzpatrick.
Approved as to form:
A/
Cit} Attorney
0 2nd day of January ,
r Kenney -E- Schwartz
Approved as to content:
Community 1pvel6pmeo Director
City Engineer
Public Services Director
rtt-% inistrative Officer
R 3750
Y
AGREEMENT
THIS AGREEMENT, dated this /Sz day of %CE�►iaejC 19;Q by and
betweenrNeil Maloney',—,herein referred to as "Developer," and the CITY OF
SAN LUIS OBISPO, herein referred to as "City."
WITNESSETH:
WHEREAS, Developer wishes to construct approximately 290 ft. of 6" VCP
sewer main and approximately 290 ft. of 8" water main, with a fire hydrant on
Woodland Drive, and
WHEREAS, Developer wishes the City to accept these improvements for
perpetual maintenance, and
WHEREAS, City will not accept these improvements without city inspection.
NOW THEREFORE, in consideration of their mutual convenants and promises
contained herein, the parties hereto agree as follows:
1. Developer does hereby agree to construct and install the improvements
described above in accordance with approved plans and specifications on file
in the office of the City Engineer, City of San Luis Obispo, and to deposit
with the City, the sum of $300.00 from which deposit the City will pay the
salary and expenses of an inspector to inspect installation of the improvements.
2. Upon payment of the sum set out in Section l above, City will provide
an inspector for the improvements to guarantee that the work is completed in
accordance.with the plans and specifications. Any unexpended funds will be
returned to the Developer.
IN WITNESS WHEREOF, this agreement has been executed by:
Attest: ' �=
Clef -
Approved as to form;(".`,
City Attorney
Community De elopment Urectof
Approved as to content:
City Administrative Officer
i Engineer
Public Services Director
IL V
�r
i• '
RESOLUTION NO. 3749 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
THE CITY OF PISMO BEACH
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
THE CITY OF PISMO BEACH
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to:
THE SAN LUIS OBISPO CITY FIRE CHIEF
AND
THE CITY OF PISMO BEACH
On motion of Councilman Settle seconded by Councilman Jorgensen,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day of January ,
1979..
ATTEST: x`
1e k! J..H..! Fitzpatrick
R 3749
I
Approved as to form:
City Attorney
Approved as to content:
City istra i e icer
'W �,"
Fire Chief
r`
AGREEMENT FOR MUTUAL FIRE PROTECTION AID
THIS AGREEMENT, made and entered into this 8th day of
January _ 1979 , by and between the CITY OF SAN LUIS OBISPO
-----and the CITY - OF PISMO BEACH.
W I T N E S S E T H:
WHEREAS, the City of San Luis Obispo maintains and operates
A fire protection organi.zation in the area generally known as the
San Luis Obispo City Fire Department and
WHEREAS, Pismo Beach maintains and operates a fire protection_
organization for the purpose of providing protection for lives and
property within the city limits of the City of Pismo Beach.
WHEREAS, it is the desire of the parties to render aid each
to the other to combat fixes and.to provide search and rescue
services when such aid or services are necessary as herein set
forth, and
WHEREAS, the parties hereto desire to effect the purpose
of this agreement pursuant to the provisions of the "Joint Exercise
of Power Act" (Gov. Code. Sec. 6500 - 6547).
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. To furnish search and rescue aid, fire protection
personnel, equipment, materials, and supplies and to render such
search and rescue and fire protection services to each other as
may be necessary to provide search and rescue aid and to suppress
fires of a magnitude that have developed, or appear likely to
develop, beyond the control of a single party and, therefore;
require the combined forces of the parties hereto.
2. Such mutual aid shall be provided within the limits
of the City of Pismo Beach and the City of San Luis Obispo, provided
however, that neither party shall be required to deplete its
own fire protection resources, personnel services and fac- ilities
to the detriment of its normal fire prote "ction responsibilities.
3. No response to a mutual aid request provided for in
this agreement will be made by the parties hereto unless such request
is received through the established communication channels common
to each party is made by a "responsible fire official_of the
party requesting such aid.
4. That any mutual aid
the express understanding that
whose jurisdiction an incident
shall remain in charge at such
that personnel and equipment p
this mutual aid.agreement.
under this agreement is extended with
a responsible local fire official (in
requiring mutual aid has occurred)
incident including the direction of
rovided him.through the operation of
4 MUTUAL AID AGREEMENT - Page 2
5. Except as may be provided by separate agreement between
the parties hereto, the assurance of mutual aid set forth herein
shall constitute the sole considration for the performance
hereof and neither party shall be obligated to reimburse the other
on account of any action taken or aid rendered hereunder or for
any use of material, damage to equipment, or liability incurred
which may occur in the course of rendering the mutual assistance
herein provided for.
6. This agreement shall remain in full force and effect
until rescinded by either of the parties hereto giving to the
other ninety days notice in writing of such termination.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first written above.
ATTEST:
ATTE, T
C it�_ Clerk, Pis o each
CIZY OF SAN LUIS OBISPO
yor
CITY OF PISMO BEACH
By
Its a or
z
Approved as to form:
/y,' C-�-
City Attorney
J
Approved as to content:
7
City AdmTnYstrative Officer
Fire Chief
A2'
RESOLUTION NO. 3748 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
TIME CITY OF MORRO BAY
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
THE CITY OF MORRO BAY
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to:
THE CITY OF SAN LUIS OBISPO FIRE CHIEF
AND
THE CITY OF MORRO BAY
On motion of Councilman Settle
and on the following roll call vote:
seconded by Councilman.Jorgensen
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day of January ,
1979.
ATTEST
C erk Hr;:> FitZDatrick
t,
R 3748
Approved as to form:
City Attorney
Approved as to content:
City Administrative Officer
Fire Chief
I .
AGREEMENT FOR MUTUAL FIRE PROTECTION AID
d
THIS AGREEMENT, made and entered into this �. day of
,Y7Mt7&4 J 197 , by and.between the CITY OF SAN LUIS OBISPO
and the FTY OF MO RO BAY.
WI T N E S SETH:
WHEREAS, the City of San Luis Obispo maintains and operates
a fire protection organization in the area generally known as the
San Luis Obispo City Fire Department and
WHEREAS, Morro Bay maintains and operates a fire protection
organization for the purpose of providing protection for lives and
property within the city limits of the City of Morro Bay.
WHEREAS, it is the desire of the parties to render aid each
to the other to combat fires and to provide search and rescue
services when such aid or services are necessary as herein set
forth, and
WHEREAS, the parties hereto desire to effect the purpose
of this agreement pursuant to the provisions of the "Joint Exercise
of Power Act" (Gov. Code Sec. 6500- 6547).
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. To furnish search and rescue aid, fire protection
personnel, equipment, materials, and supplies and to render such
search and rescue and fire protection services to each other as
may be necessary to provide search and rescue aid and to suppress
fires of a magnitude that have developed, or appear likely to
develop, beyond the control of a single party and, therefore,
require the combined forces of the parties hereto.
2.. Such mutual aid shall be provided within the limits
of the City of Morro Bay and the City of San Luis Obispo, provided
however, that neither party shall be required to deplete its
own fire protection resources, personnel services and facilities
to the detriment of its normal fire protection responsibilities.
3. No response to a mutual aid request provided for in
this agreement will be made by the parties hereto unless such request
is received through the established communication channels common
to each party and is made by a responsible fire official of the
party requesting such aid.
4. That any mutual aid
the express understanding that
whose jurisdiction an incident
shall remain in charge at such
that personnel and equipment p
this mutual aid agreement.
under this agreement is extended with
a responsible local fire official (in
requiring mutual aid has occurred)
incident including the direction of
rovided him through the operation of
E�k(H E & IT „A►►
• , .
MUTUAL AID AGREEMENT - Page 2
5. Except as may be provided by separate agreement between
the parties hereto, the assurance of mutual aid set forth herein
shall constitute the sole consideration for the performance
hereof and neither party shall be obligated to reimburse the other
on account of any action taken or aid rendered hereunder or for any
use of material, damage to equipment, or liability incurred which
may occur in the course of rendering the mutual assistance herein
provided for.
6. This agreement
until rescinded by either
other ninety days notice
ATTEST: 1, j
shall remain in full force and effect
of the parties hereto giving to the
in writing f such termination.
�C&Y OF SAN LUIS OBISPO
an Luis Obispo
ATTEST:
City Cle o ro Bay
yor
CITY OF MORRO BAY
By l
Its
RESOLUTION 90. 370 �yw (1978 Series)
Approved as to form: Approved as to content:
City Attorney City A j rative -ficer
Fire Chief
RESOLUTION NO. 3747 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO INCREASING CAPITAL IMPROVEMENT FUND APPROPRIATION
FOR THE 1978/79 FISCAL YEAR.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the following
Capital Improvement Fund appropriation account be established to provide for
the installation of Meadow Park turf and irrigation system in conjunction
with Exposition Park Subdivision.
Account Description Amount
(40) 40 -5761 -635 Meadow Park Irrigation $61,200. DR.
(Expo. Park Subdiv.)
Source of Funds
40- 0510 -000 Appropriations $61;200. CR-.
40 -0600 -000 Unappropriated Fund Balance $61,200. DR.
On motion of Mayor. Schwartz_.._ -, seconded by. Councilman Petterson,
and on the following roll call vote:
AYES: Councilmen Dunin,. Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT.:' None
the foregoing Resolution was passed and adopted-this 2nd day of
January.- , 1979.
ATTEST.:
y erc J.H. Fitzpatrick
Approved as to form:
City Attorney
Approved as to content:
city stra ive Officer
inance urrew_o
R 3747
C
RESOLUTION NO. 3746 (1979 - Series)
A RESOLUTION OF INTENTION TO VACATE A WATER
LINE EASEMENT
BE IT RESOLVED by the.Council of.the City of San Luis
Obispo as follows:
SECTION 1. It is the intention of the City of San Luis
Obispo to vacate a water line, easement described on Exhibit "A"
and delineated on Exhibit "B". both exhibits attached hereto
and incorporated.herein by this reference, pursuant to the
Public Service Easements Vacation Law, California Government
Code Sections 50430 et seq.
SECTION 2. Copies of the materials showing the particulars
of the proposed vacation are also on file in the Office of the
City Clerk. .
SECTION 3. Tuesday, 'Vebruary6;= 1979, at '7:00 p.m., in
the Council Chambers of the City.Hall, 990 Palm Street, San Luis
Obispo, California, is the time and place.set for hearing all
persons interested in or objecting.'to the proposed vacation,,,
which time is.not less than fifteen (15) days from the passage
of this -resolution.
SECTION 4. This resolution, together with the ayes and
noes, shall be published twice in full, once each in the two
successive weeks prior to the hearing, in the Telegram= Tribune, ,
a newspaper published and circulated in this city.
SECTION 5. The City Engineer shall post at least three (3)
notices of the proposed vacation along that portion of the easement
to be vacated at least ten (10) days before the date set for hear-
ing in accordance with Section 50441 of the Government Code.
R 3746
C
Resolution No. 3746 (197 �Series)
on
motion of
Councilman Settle-
seconded by
Councilman Jorgensen
and on the following roll call vote:
AYES:
Councilmen
Jorgensen, Petterson,
Settle and Mayor Schwartz
NOES:
None
ABSENT:
Councilman
Dunin
the foregoing resolution was passed
and adopted this 2nd
day of
January
197,91j.
ATTEST:
r
C i C erc J.H.. Fitzpatrick
Approved as to form:
Approved as to content:
'City Attorney City istratiVe Officer
Director of Public Services --
L City gIneer
-2-
+o l b.7 11 o-A <i
A RIGHT OF WAY
A 12 -I.NCH PIPE
A STRIP OF LAND
FOLLOWS:
DESCR I PT`ION
V
TO LAY, MAINTAIN, OPERATE, REPAIR, RENEW AND REMOVE
LINE FOR THE CONVEYANCE OF WATER OVER AND ACROSS
4 FEET IN WIDTH, MORE PARTICULARLY DESCRIBED AS
THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION
25, TOWNSHIP 30 SOUTH, RANGE 12 EAST, MOUNT DIABLO MERIDIAN; IN
THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OR PLATS THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF THE PROPERTY CONVEYED TO
CHARLES W. MALCOLM ET UX., BY DEED DATED APRIL 16, 1948 AND RECORDED
APRIL 20, 1948 IN BOOK 475 OF OFFICIAL RECORDS, AT PAGE 292, RECORDS
OF SAID COUNTY;
THENCE NORTH 690 08' EAST ALONG THE SOUTHEASTERLY LINE OF THE PROPERTY
SO CONVEYED 117.86 FEET;
THENCE NORTH 120 46' WEST ALONG THE NORTHEASTERLY LINE OF.THE PROPERTY
SO CONVEYED 32 FEET;
THENCE AT RIGHT ANGLES SOUTHWESTERLY A DISTANCE OF 4 FEET;
THENCE SOUTH 120 46' EAST AND PARALLEL WITH THE NORTHEASTERLY LINE
OF SAID PROPERTY TO A POINT DISTANT 4 FEET AT RIGHT ANGLES FROM
THE SOUTHEASTERLY LINE THEREOF;
THENCE SOUTH 690 08' WEST AND PARALLEL WITH SAID SOUTHEASTERLY
LINE TO THE SOUTHWESTERLY LINE OF THE PROPERTY SO CONVEYED;
THENCE SOUTH 300 52' EAST ALONG SAID SOUTHWESTERLY LINE 4 FEET
TO THE POINT OF BEGINNING.
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COUNCIL RESOWTION 3746
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RESOLUTION NO. 3745 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP OF TRACT 603, CUESTA HIGHLANDS II,
L. BLASER, DEVELOPER,AND SUPERSEDING RESOLUTION NO. 3733.
Be if resolved by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council previously made certain findings concerning
Tract 603 as contained in Resolution No. 3362 (1977 Series).
SECTION 2. This Council now hereby approves the final map of Tract
603 located on Los Osos Road and Descanso, subject to the conditions in the
subdivision agreement attached hereto, marked Exhibit "A" and hereby
incorporated herein, and authorizes the Mayor to execute said subdivision
agreement on behalf of the City.
On motion of Councilman Jorgensen, seconded by Councilman Settle ,
and oii.:the following roll call vote:
AYES.: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution is passed and adopted this 2nd day of
January , 1979.
ATTEST:
Ci lerk J.H. Fitzpatrick
Approved as to form:
L-tv "-
City Attorney
Approved as to content:
y A inistrative Officer
Community velop t Director
� N ) gt=� 2-�'
City gineer
R 3745
C
AGRIiEMIXY
THIS AGREDIFNT, dated thi.s 2nd clay of January, 1979 by and
between CUESTA ASSOCIATES herein referred
ILO 25 "Subd:ividcr ", and the CITY 01: SAN LUIS OBiSPO, herein referred to as the
"C i.ty"
W I T N E S S is T II:
R ITRENCE IS HiiREBY MADE to that certain proposed subdivisi.on.of that certain
Earl property in the City of San Luis Obispo, County of' S;nl Luis Obispo, State of
California, description Ofwhicil is shor•rn on final "P1a1? of Tract No
CUESTA HIGHLANDS II
603
,
City of San Luis Obispo., California ",
as approved by the City Council, on the 2nd day of January 11979
WHEREAS, the Subd.i.vi.dcr desires that said SUbdiViSien Map of said Tract No. 603 ,
be accepted and approved as a final map pursuant to the Subdivision 1egulations and
Ordinances of the City of San Luis Obispo, and
WHEREAS, it is a condition of said regulations and ordinances that the Sub-
di.vidcr agrees to :Lnstall the street improvements and utility lines and facilities
as set forth on the plans therefore.
NOW THEREFORE, in consideration of the foregtiing, the Subdivider does hereby
agree
to
Construct and
install the following suhdi.vi -, ion
inyprovemealts i:n
accordance
with
,Hid
suhdlv.lsLon
ordinances and regulations, ;illd in
accordance with
approved
plans and specifications on f.i.le in the office of the City Lingineer, City Of San Luis
Obispo, to wait:
1. CURBS, GUTTERS and SIDEWALKS
2. STREET BASE and SURFACING
3. LATER PLAINS and SEWER MAiNS, inr.luding serer ]atcrals to the property
line and water services to the curb stop.
d . DRAINAGE STRUCTURES
5. ORNAMENTAL METAL, ELE-CTROLIERS
6. FLECCR1C, GAS, TELEPHONE and CABLE TELEVISION: in addition to the inspec-
tion and approval of Such faci.l tics by the Cite., c ;ic:h public nti.lity
Shall be rc(loil•cd to file. a letter stating; th;it tile developer has prop-
erly installed all rncilitics to be provided I)c him, and th:il the S;iid
utility is prepared to provide service to residcntS upon request.
7. ANY r', ALI, 01HER ]IMPROVEMENTS shown on pl;rnS or rcrluircd hV City rc,tulations.
AI] tile. ahove facilities shall be installed in the locations desi..gmited ;Ind to the
plans and specifications oil file and approved by said Cit.v ['11gineer.
The Iines and StradcN 170E all of- said inglrovcmcnis Shrill be r.Stablshed 1) v the
Su'.)d'ilidcr in :iccordmice with Said ppnrovcd plans and Sig ^cific:llion5.
'file Subdivider agrees that the work,.ul` instal Iini; t:h: ;lhovc improvellients shall
begin within third (30 ) days from the date of recording of the final map,
aid that the ��;ork shall be completed within eighteen (18) months of said
recording date, unless an extension has been granted by the City Council, provided
that if completion of said work is delayed by acts of Cod or strikes, the Subdivider
shall have an
additional
period Of time equivalent to Such peri.od
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
connec ti.pn,.the surety waives the provisions of Section 2814 of the Civil Code of
the Statc of C: +liforni:a.
The Subdivider does also agree to comply with the follrn,ing conditions cstabli-
shed by the Planning ComMissi.on and /or the City Council.
1. The developer shall.seed immediately subsequent to their creation, all
cut and fill slopes to the satisfaction of the Director of the
Public Services Department.
2. The developer shall pay to the city the sum of $14,927.25 for water
acreage fee (13.9507ac x 1070.00 = 14,927.25). This doesn't include
lot 41, as it is a city park.
3. The developer shall pay the city the sum of $1,890.00 (35.00 per lot
for 54 lots) for sewer costs advanced to serve properties in the Los
Osos Valley. This doesn't include lots 7, 39, & 40. They will be
charged at time of development. Lot 41 there is no charge as it will
be a city park.
4, Grading permit fees in the amount of $275.00 shall be deposited with
and treated as normal subdivision inspection fees.
5. The developer shall deposit with the city, a cash bond in the amount of
$8,000.00 for the purpose of assuring the final monumentation of the
subdivision. Said deposit will be, released to the developer upon receipt
by the city of a letter fromthe Engineer indicating he has completed the
work and has been paid.
As to public lands or section property included %.ithin said Srnhdivisien, if any,
for the restoration of lost section corners and for retraccment of Section limes, the
method followed shall be in accord with the .instructions set forth in the "Manual of
Instructions" for Survey of Public Lands of the United States, published b%- the
Commissioner ofd General I.,nnd Office, Department. of Interior, 1'hnshhigtoil, O.C.
The Snhcfivi.dcr hc�y attache` hereto, and as an i,�e :raI part. hereof, and as
security for the performance of this agreement, (instrument of credit /bond) approved
by and in favor of the City of WAY Y Obispo; and conditional upon the faithful
performance of this agreement, which said (instrument of crcdi.t /bond) is in the amount
of :x_428,400._00 , and which is in the amount of the estimated cost of said
improvements. Subdivider agrees to remedy any defects in the .improvements arising
from faulty workmanship or wnterials or defective construction of' snid improvements
occurring within twelve (12) months after acceptance thereof. fn accordance with
Section 11612.1 (c) of the Business and professions 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 improve-
ments arising within a period of one year following the completion and acceptance
thereof against any dcfecti:ve work or labor done, or defective materials furnished,
in the performance of this agreement.
Completion of the work shall be deemed to have occurred on the date as of which
the City Council shall, by resolution duly passed and adopted, accept said improve-
ments according to said plans and specifications, and any approved modifications
thereto. Neither periodic or 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, then
in that event, the Subdivider agrees that City may, at its option, declare the bond,
instrument of credit, or cash deposit, which has been posted by Subdivider, to
guarantee faithful performance, forefe.ited 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 N labor and material Bond in
the amount of 50% of the ahove. 0scribed subdivision i'mproyement::c in accordance
with State law.
Said Subdivider shall deposit with the City the sum of g 12,300.00 ,
from which deposit the City will pay the salary and expenses of an inspector or
inspectors to :inspect installation of said subdivision improvements and certify
that they have bceri completed in accordance with the plans Nod specifications.
Any unc,XpendOd monies will he returned to the Subdivider. In the dent the
(inc $275 grading permit fee)
inspection fees exceed the sum of 5 12,575.00 I the difference is to he paid
by the City of- San Luis Obispo. The City reserves the sole discretion in determining
-3-
the amounts to he paid for salary and cx��rcnscs of said inspector or inspectors.
Article 9, Chapter 1 of the Shn Luis Obih po Municipal Code, entitled
"Subdivision" - All plans and specifications on file with hail City Engineer as a
part of sn:i.d 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 V the Subdivider under
this agreement.
It is understood and agreed by and between the Parties hereto that this
ngrecment shall bind the heirs, executors, administrators, successors and assigns
of the respcctivc parties to this agreement.
It Ys :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:
2nd day of January
Approved as to form
1979
City Attorney George Thacher
2nd ' day of January , 1979.
1
(:jt- Engineer Wayne Peterson
1J
- 4 -
Suh(ivad o' Leonard G. Blaser
s7_[:ENNETH E. SC aZTZ
Flavor Kenneth E. Schwartz
Attest: s% J. _ H. FITZPA1 1
City Clerk J.H. Fitzpatrick
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RESOLUTION NO. 3744 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBI SPO INCREASING RATES FOR MONTHLY PARKING'IN'Hh,
PARKING LOT 13.~
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION,,, , I-'. That the monthly rental rate of Lot 13 (Palm $ Osos) be
raised from the present rate of $12. per month to a new rate of $16.50 per
month, effective-,` April 1, 1979.
On motion of Councilman Jorgensen � seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 2nd day of January
1979.
ATTEST:
c
4�C" Xl CTerR .H. Fitzpatrick
Approved as to form:
City Attorney
Approved as to content:
y AUhinistrativg Officer
0
R 3744
Recording Requested By:
CITY OF SAN LUIS OBISPO
When Recorded, Please Return To
CITY CLE=s *OFFICE 833
City of San Luis Obispo RESOLUTION NO. 3743 (1979 Series) DOC. NO.
P.O. Box 321
OFFICIAL RECORDS
San Luis 3 Cbispo, C.r: 9'401
A RESOLUTION OF THE CITY OF SAN LUIS OBISPOSM LUIS OBWO CO.. CAL
CITY COUNCIL FINDING THAT A PUBLIC UTILITY JAN 51979
EASEMENT BETWEEN GROVE STREET AND HIGHWAY
101 IS UNNECESSARY FOR PRESENT OR PROSPECTIVE WILLIAM E ZIMARIK
PUBLIC USE. C.OUNU RECORDER
TIME --r $ ; 3 0 PM
WHEREAS, this council has received a recommendation from .
city staff to vacate a certain public utilities easement; and
WHEREAS, the City Council finds that the easement is un-
necessary for present or prospective public use;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of San Luis Obispo as follows:
SECTION 1. That the public easement delineated on Exhibit
"A", attached hereto and incorporated herein by this reference,
hereby is ordered vacated.
SECTION 2. That the City Clerk shall cause a certified
copy of this Order of Vacation, duly attested under the seal of
the city, to be recorded in the San Luis Obispo County Recorder's
Office.
On motion of Councilman Petterson , seconded by Councilman
Jorgensen , and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 2nd day
of January , 1979.
ATTEST:
i
Cl-er J.H. Fitzpatrick
i.VDL2125 ac-L 39
Resolution No. 3743
Approved as to form:
City Attorney
(1919 Series)
Approved as to content:
Gity dministrative Officer
Director of Public Services
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END OF DOCUMENT
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RESOLUTION NO. 3742 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO ACCEPTING THE OFF -SITE
IMPROVEMENTS FOR TRACT 545, SERRANO SIRCLE.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Section 1. That the off -site improvements for Tract 545, Serrano Sircle,
shall be and are hereby accepted for maintenance by the City of San Luis
Obispo.
On motion of Councilman Settle , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Dunin, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilmen Jorgensen and Petterson
the foregoing resolution was duly passed and adopted this '19th day of
December , 1978.
ATTEST:
r
v " "i rjc J.H. Fitzpatrick
Approved as to form:
- /U4L-�� -
City Attorney
Approved as to content:
City Admffiiserdtive Officer
Director of Public Services
R 3742.
RESOLUTION NO
3741 (19-78 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY'OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
MAINO CONSTRUCTION COMPANY FOR INSTALLATION OF SEWER
LINE ON SOUTH HIGUERA STREET.
il�.r1 �r a
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked. Exhibit "A"
and incorporated herein by reference, between. the City of San Luis Obispo and
Maino Construction Company for installation.of sewer line along South Higuera
Street to serve a development south of Prado Road,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2..' The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Maino Construction,
Director of Public Services, and City Finance Director.
On motion of Councilman_ Settle seconded by Councilman Dunin
and on.the following roll call vote-
AYES:. Councilmen Dunin; Settle and Mayor Schwartz
NOES: None
ABSENT: Councilmen Jorgensen and Petterson
the foregoing. Resolution was passed and adopted this 19th day of December ,
1978.
ATTEST:
Clerk J.H. Fitzpatrick
R. 3741
Approved as to form:
George C. Thacher, City Attorney
Approved as to content:
�x Zlz'o
City i strati e Officer
Director of Public Services
0
•
AGREEMENT
THIS AGREEMENT, dated this 5th day of
6031 HiSC 1620 4:
A 031 CKI 1620x0:-
12/06/78 031 000
December , 19 78 , by
and between Maino Construction Company, herein referred to as "Developer,"
and the CITY OF SAN LUIS OBISPO, herein referred to as "City."
WITNESSETH:
WHEREAS, Developer wishes to construct approximately 2,000 ft. of 8 ",
10" and 12" VCP sewer main along the westerly side of South Higuera Street,
south of Prado Road, and
WHEREAS, Developer wishes the City to accept these improvements for
f
perpetual maintenance, and
WHEREAS, City will not accept these improvements without City inspection.
NOW, THEREFORE, in consideration of their mutual covenants and promises
contained herein, the parties hereto agree as follows:
1. Developer does hereby agree to construct and install the improvements
described above in accordance with approved plans and specifications on file
in the office of the City Engineer, City of San Luis Obispo, and to deposit
with the City,-the sum of $1,620, from which deposit the City will pay the
salary and expenses of an inspector to inspect installation of the improve-
ments.
2. Upon payment of the sum set out in Section 1 above, City will provide an
inspector for the improvements to determine if they may be certified as having
been completed in accordance with the plans and specifications: Any unexpended
funds will be returned to the Developer.
IN WITNESS WHEREOF, this agreement has been executed by:
Attest:
Approved as to form:
City Attorney
Approved as to content:
City XdtinistrirtlTe Officer
Director of Public Services
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE GRANT OF AN EASEMENT FOR SEWER PURPOSES TO
THE LAGUNA LAKE COMPANY THROUGH THE LAGUNA LAKE GOLF COURSE.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the Corporation Grant Deed from the City of San Luis
Obispo to the Laguna Lake Company for sewer easement through City property,
see Exhibit "A" attached, is hereby approved and the Mayor is authorized to
execute same on behalf of said City.
SECTION 2. The City Clerk is directed to furnish a certified copy of
this resolution together with the executed copy of the Deed of Easement to
the Laguna Lake Company.
On motion of Councilman Settle , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Dunin, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilmen Jorgensen and Petterson
the foregoing resolution was passed and adopted this 19th day of December
1978.
ATTEST:
.OKfy tlerk J.H. Fitzpatrick
Approved as to form:
R 3740
Approved as to content:
AA-/��
City Attorney City Ad/ is rative Officer
Public Service Director
RESOLUTION NO.
3740 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE GRANT OF AN EASEMENT FOR SEWER PURPOSES TO
THE LAGUNA LAKE COMPANY THROUGH THE LAGUNA LAKE GOLF COURSE.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the Corporation Grant Deed from the City of San Luis
Obispo to the Laguna Lake Company for sewer easement through City property,
see Exhibit "A" attached, is hereby approved and the Mayor is authorized to
execute same on behalf of said City.
SECTION 2. The City Clerk is directed to furnish a certified copy of
this resolution together with the executed copy of the Deed of Easement to
the Laguna Lake Company.
On motion of Councilman Settle , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Dunin, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilmen Jorgensen and Petterson
the foregoing resolution was passed and adopted this 19th day of December
1978.
ATTEST:
.OKfy tlerk J.H. Fitzpatrick
Approved as to form:
R 3740
Approved as to content:
AA-/��
City Attorney City Ad/ is rative Officer
Public Service Director
•" RECORDING REQUESTED BY'
Laguna Lake Company
FAND WHEN RECORDED MAIL TO
1
teal
ddma
fr ` L
au
The undersigned grantor(s) declare(s):
Documentary transfer tax is S
( ) computed on full value of property conveyed, or
(
),computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( ) City of , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
the CITY OF SAN LUIS OBISPO
a corporation organized under the laws of the State of California hereby GRANTS to
LAGUNA LAKE COMPANY
the following described real property in the
County of San Luis Obispo , State of California:.
Being a portion of lot 59 of the Rancho Canada De Los Osos and Laguna;
as per map filed in Book A, page 83.of maps of said county, more pre-
cisely described as follows:
An easement for construction, maintenance., and repair of a private
sewer lateral over a strip of land 10 feet in width, the centerline
of said 10 foot strip being described as follows:
(see attached Exhibit A)
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru-
ment to be executed by A& Mayor an City Clerk
thereunto duly authorized.
Dated:
STATE OF CALIFORNIA 1 SS
COUNTY OF _
1J By. ayor nneth E. wartz
On before me, the under- By
signed. a Notary Public in and for said State, personally appeared City Clerk J.H. Fitzpatrick
known
to me to be the
President, and
known to me to be
Secretary of the Corporation that executed the
within Instrument, known to me to be the persons who executed the
within Instrument on behalf of the Corporation therein named, and
acknowledged to me that such Corporation executed the within Instru
ment pursuant to its by -laws or a resolution of its board of directors.
WITNESS my hand and official seal.
(This area for official notarial seal)
Escrow or Loan No._
MAIL TAX STATEMENTS AS DIRECTED ABOVE
MAIL TAI- STATIaINTS TO
Nome
StrNf
Adtp�
:Ina
state,
L
SPACE ABOVE THIS LINE FOR RECORDER'S USE .
Corporation Grant Deed
THIS FORM FURNISHED BY TICOR TITLE INSURERS A P N
TO 1921 CA 112 -_761,
The undersigned grantor(s) declare(s):
Documentary transfer tax is S
( ) computed on full value of property conveyed, or
(
),computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( ) City of , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
the CITY OF SAN LUIS OBISPO
a corporation organized under the laws of the State of California hereby GRANTS to
LAGUNA LAKE COMPANY
the following described real property in the
County of San Luis Obispo , State of California:.
Being a portion of lot 59 of the Rancho Canada De Los Osos and Laguna;
as per map filed in Book A, page 83.of maps of said county, more pre-
cisely described as follows:
An easement for construction, maintenance., and repair of a private
sewer lateral over a strip of land 10 feet in width, the centerline
of said 10 foot strip being described as follows:
(see attached Exhibit A)
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru-
ment to be executed by A& Mayor an City Clerk
thereunto duly authorized.
Dated:
STATE OF CALIFORNIA 1 SS
COUNTY OF _
1J By. ayor nneth E. wartz
On before me, the under- By
signed. a Notary Public in and for said State, personally appeared City Clerk J.H. Fitzpatrick
known
to me to be the
President, and
known to me to be
Secretary of the Corporation that executed the
within Instrument, known to me to be the persons who executed the
within Instrument on behalf of the Corporation therein named, and
acknowledged to me that such Corporation executed the within Instru
ment pursuant to its by -laws or a resolution of its board of directors.
WITNESS my hand and official seal.
(This area for official notarial seal)
Escrow or Loan No._
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 2
EXHIBIT A
Beginning at the centerline intersection monument at.the inter-
section of Prefumo Canyon.Road 'and Los bso-s- valley Road; Thence,
South 440 13' 30" East 701,.0,0 Feet southerly along the centerline
f
osalid Los Osos Valley Road; Thence,-Sou,th 450 46' 30" West 50.00
Peet, to a point on the right of way line of Los Osos Valley Road
as existed-on September 27- ' 1978, the true point of beginning;
.
Thence, South 4SO 46' 30" We st 132.00 Feet; Thence, South 271 21'
3411 west 109.67 Feet more or less to the northeasterly_property
corner of the property dgeded.to the City of San Luis Obispo as
recorded in Book. Page of the official records in the
County of San Luis Obispo, California.
LOS 050S VALLEY QD.
T. P. O D.
-SE wEP ''EA5EMFIIT S
1A .fa vo.- oj:�
LAGUNA L AKE' CO.
Q,
W 1 �
4 �
NO SALE
PA fi) /�
ARE-14
So: oo
S �s °ac'3o"w
A 17-FI O
GREEN r�
CENTERW N I
/D �SEWE/l
EASEMENT
1
�11
1 �1
� I I
1 /O FO DT SEWER
� ' I
i � E.4SEME�c/T RESERVED
1 FROM PARK DEDICATION
i (NOT A PART ,O F
1 TNrS DESCR /PTio/Y�
G ATh/E
DR. IPYT.)