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HomeMy WebLinkAbout3800-3849RESOLUTION N0. 3849 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND HENRY KLAUCKE, WILLIAM DOHAN AND MARCEL COTE FOR OFF -SITE PARKING. 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 Marcel. Cote, Henry Klaucke and William Dohan, for off -site parking to serve a restaurant to be located at 675 Higuera 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: the County Recorder and to the Community Development Department and the individuals. On motion of Councilman Bond , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Bond, Dunin, Jorgensen and Mayor Cooper NOES: Noes ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 15th day of May , 1979 ATTEST: ME R 3849 Resolution No. 384! (1979 Series) Approved as to form: Approved as to.content: City Attorney City Adilini aiive Officer Community Deve I opment ector AGREEMENT THIS AGREEMENT, made and entered, into this 15th day of May 1919,-by and among MARCEL COTE (her_einafter, "Cote "), HENRY KLAUCKE (hereinafter, "Klaucke "), WILLIAM DOHAN (hereinafter,. "Dohan "), and the CITY OF SAN LUIS'OBISFO (hereinafter, "City!). WITNESSETH: WHEREAS, Cote and Klaucke are, respectively, the owners of 668 Marsh Street and 664 Marsh Street, San Luis Obispo; and WHEREAS, Dohan is the owner of the business at 675 Higuera Street; and WHEREAS, the City has granted approval for operation of.& restaurant business at 675 Higuera Street; and WHEREAS, one condition of said approval requires Dohan to maintain twelve off = street parking spaces to serve the restaurant during its hours of operation; and WHEREAS, Cote and Klaucke are willing to provide said off- street parking on their aforesaid premises; NOW, THEREFORE, it is.hereby mutually agreed by and between the parties hereto as follows: 1: Cote hereby agrees to provide and maintain on his property at 668 Marsh Street five parking spaces .for the exclusive use of Dohan's restaurant at 675 Higuera Street during all hours of operation of. the restaurant, on terms, conditions and compen- saton as may be agreed upon by Cote and Dohan, which conditions shall be subject to City approval. 2.. Klaucke hereby agrees to provide and maintain on his property at 664 Marsh Street seven parking spaces for the exclusive use of Dohan's restaurant at 675.Higuera Street during all hours of operation of the restaurant, on terms, conditions and compensation as may be agreed upon by Klaucke and Dohan, which conditions shall be subject to City approval. 3. If for any reason any of the spaces provided become unavailable to Dohan, Dohan immediately shall notify City of the unavailability. City shall thereupon commence proceedings to determine the continued suitability of the restaurant given the unavailable parking spaces. Nothing herein shall be.construed so as to prevent the City from commencing revocation proceedings, as appropriate, for any other just cause. 4. This agreement shall run with the land, and shall.be binding upon, and shall inure to the benefit of, the heirs, assigns, and all other successors in interest of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written: CITY OF SAN LUIS OBISPO sdLl N,N R. COOPER Mayor Lynn R. Cooper ATTEST: s1J.H. FITZPWR CK City Clerk J. H. Fitzpatrick A4 cel" Co e - Henry Klauc -2- t iam Dohan - Attach notarization. t Approved as to form: Approved as to content: City Attorney Ci stra ive Officer `L? Community De elopme Director O RESOLUTION NO. 3848 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF ,SAN LUIS OBISPO AUTHORIZING CERTAIN OFFICIALS TO REQUEST AND EXAMINE SALES TAX RECORDS OF THE STATE BOARD OF EQUALIZATION BE IT RESOLVED by the Council of the City of San Luis Obispo that pursuant to ,Section 7506 of the Revenue and Taxation Code of the State of California, the Council requests that the following city officials be authorized to examine all of the sales and use tax records of the State Board of Equalization pertaining to sales and use taxes collected for the City under the Bradley- Burns Uniform Local Sales and Use Tax law. DESIGNATED OFFICIALS City Administrative Officer City Clerk /Treasurer Finance Director Chief of Police On motion of Councilman Bond.. - -- , seconded by Councilor n n,nin and on the following roll call vote: AYES: Councilmembers Bond, Dunn, Jorgensen and Mayor Cooper NOES: Noes ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 15th day of May , 1979. R 3848 Resolution No. 3848 ATTEST: ;Orclerk J. Fitzpatrick Approved as to form: City Attorney . Thacher a Approved as to content: (1979 Series) (Y� v .( G0°' ?_ cc O R R,E C T ED C 0 P Y3 RESOLUTION NO'. 3848 (1979 Series.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .SAN LUIS OBISPO AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. 381 (1967 Series), the City of San Luis Obispo entered into a contract with the State Board of Equalization to perform all functions incident to the administration and collections of local sales and use taxes; and WHEREAS, the City Council of the City of San Luis Obispo deems it d"esi"rable and necessary from time to time for a representative of the City to audit for and in its behalf the sales and use tax transactions and collec- tions that are made for the City by the State Board of Equalization and WHEREAS, Section 7056 of the Revenue and Taxation Code of the State of California states in part that the Board shall permit any duly authorized officer, or employee.of such city, to examine all of.the sales and use tax records of the City.; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN•LUIS OBISPO HEREBY RESOLVES AS FOLLOWS: SECTION.l. That the following designated officials of the City of San Luis Obispo are hereby appointed to represent the City of San Luis Obispo with full authority to investigate and review sales and use tax transactions and collections for the City, contained in the records of the State Board of Equalization. DESIGNATED OFFICIALS City Administrative Officer City Clerk /Treasurer Finance Officer Chief of Police Resolution No. 3848 (1979 Series) SECTION 2. That as provided in Section 7056 of the Revenue and Taxation Code, the information so gained by the City Manager or any designated assistant or employee of such officer shall be used only for purposes related to the collection of local sales and use taxes by the Board pur- suant to the contract. ATTEST: Introduced, approved and adopted this A th day of May, 1979. rick, City Clerk I, J.H. Fitzpatrick, City Clerk of-the City of San Luis Obispo, California, DO HEREBY CERTIFY that the foregoing - resolution was duly intro- duced, approved and adopted by the City Council of the.City, of San Luis_ Obispo, at a regular meeting of said Council held on the 15th day of May, 1979, by the following roll call vote: AYES: Councilmembers Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: Councilwoman Billig a �Siitzpatrick, City Clerk G RESOLUTION NO. 3847 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING PERSONNEL APPROPRIATION ACCOUNTS FOR THE 1978/1979 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following appropriation accounts be adjusted to cover the salary increases as set forth in ,the 1978/1979 MOU's between the City of San Luis Obispo and the three employee associations. Funds were previously impounded for this purpose and have recently been released by the Federal Court ruling, which found the State's freeze unconstitutional. BE IT FURTHER RESOLVED that the necessary increases be made to cover mid -year personnel increases approved by motion'at "the.January 9 = 1979'; Council meeting. Account No. Description Amount 05 01 -3501 -001 Human Relation - Salaries $ 1,186. DR. 10 01 -2101 -001 Administration - Salaries 3,281. DR. 15 01- 2401 -001 City Attorney - Salaries 2,011. DR. 20 01- 2201 -001 City Clerk = Salaries 3,647. DR. 25 01- 2301 -001 Finance - Salaries 5,133. DR. 30 01- 2701 -001 Personnel - Salaries 1,555. DR. 40 01- 2501 -001 Planning - Salaries 11,301. DR. 40 01- 4201 -001 Building Regulation - Salaries 5,378. DR. 40 -01 -4701 -001 Engineering & Administration - Salaries 9,775. DR. 50 01- 2801 -001 Government Building - Salaries 2,786. DR. 50 01- 4101 -001 Engineering & Administration - Salaries 3,854. DR. 50 -01- 4801 -001 Street & Sidewalk - Salaries 10,371. DR. 50 01 -4901 -001 Street Painting - Salaries 1 2481. DR. 50 01- 5201 -001 Shop & City Yard - Salaries 2,068. DR. SO 11- 5701 -001 Park .& Recreation = _.Salaries= ::'. -:. 12,026. DR. 50 50-6201-001 Water Treatment - Salaries 5,034. DR. 50 50- 6301 -001 Water Trans. & Distribution - Salaries 52132. DR. 50 50-6401-001 Water Sales Expense 7:1Salaries 3,123. DR. 50 50-6501-001 Water Engineering 4 Admin. - Salaries 3,074. DR. 50 51 -6701 -001 Parking Meters & Coll. - Salaries 815_ DR. 50 51- 6801 -001 Parking Facilities - Salaries 374_ DR. 50 52- 7001 -001 Sewer Collect. & Trans. - Salaries 2,921. DR. 50 52- 7101 -001 Sewer Treatment Plant - Salaries 3,638. DR. 50 52- 7201 -001 Sewer General & Admin. - Salaries 1,466. DR. 50.53 -7601 -001 Bus Syst. Traffic Exp. - Salaries 737: DR. 50 64- 9501 -001 Whale Pock Operating Exp. - Salaries 3,682. DR. 50 11- 5901 -001 Golf Course - Salaries 1,209. DR. R 3847 Resolution No. 3847 (1979 Series) Account. No. Description Amount 60 11- 5701 =001 Park $ Recreation - Salaries $ 7,094: DR. 80 01 =4001 -001 Police.- Salaries 55,241. DR. 80 -51- 6901 -001 Parking.Enforcement - Salaries 1,148. DR. 85 01- 4101 -001 Fire - Salaries 7 0,144;> DR. 10 01- 2151 =000 Administration - Office Furn. $ Equip. 100. DR. 25 01- 2351 -000 Finance — Office Furn. & Equip 1,500. DR. 25 01- 2304 -000 Finance - Telephone 1 150. DR. 40 01 =4702 -014 Eng. & Admin. - Office Supplies .200. DR. 40 01 -4751 -000 Eng. & Admin. - :'Office- Furn., &--Supplies 500.. DR. . 85 01 -4112 -151 Fire - Protect.'_`Clothing' &*E:quip. 4.00. DR. C2 44 "13'5L DR. On motion of Councilman Bond_- seconded by Councilman_Dunin and on the following roll call vote: AYES: Councilmembers Bond, Duni,n, Jorgensen and Mayor Cooper NOES: None ABSENT: Councilwoman Billig - the.foregoing Resolution was passed and adopted this 15th day of May 1979. ATTEST: T 'p. I Approved as to form: A/�� City Attorney G. Thacher Approved as to content: G RESOLUTION NO. 3846 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDMENTS TO THE LIBRARY CONSOLIDATION GUIDELINES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This council hereby approves amendments to "Guidelines for Library Operation within the City of San Luis Obispo," to read as follows: Paragraph (1) is amended to read as follows: (1) The County Free Library will maintain city library service at least six days per week and for at least 54 hours per week. Paragraph (5) is amended to read as follows: (5) City shall maintain and repair all structural and exterior portions of the city library building and shall maintain the grounds. County shall maintain and repair the interior portions of the building, including interior redecorating and alterations. County may with city's written consent make structural alterations to the interior of the building; provided, that in the event city and county by December 31, 1982, are unable to agree upon final plans and let a contract for construction of the common facilities referred to in paragraph (1), infra, upon demand by city, county shall return the building to a condition as it existed without such structural alterations. City shall maintain and repair the basic heating, plumbing and electrical systems. County shall maintain and repair all equipment R 3846 c Resolution No. 3846 (1979 Series) used or operated in connection with the furnishing of library service. SECTION 2, The Mayor hereby is authorized to tajce action appropriate to implement this resolution. On motion of Mayor Cooper seconded by .Councilman Bond , and on the following roll call vote: AYES: Mayor Cooper, :Councilmembers Bond, Dunin and' Jorgensen NOES: None ABSENT: Councilwoman Billig the foregoing resolution was passed and adopted this 15th__ day of _May 1979. ATTEST: City fk J. H. Fittpatrick.- Approved as to form: Approved as to content: 11110 / City Attorney C� dffiifi istiat ive Officer "- J.. 0 O RESOLUTION NO. 3845 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE CLOSING OF STATE HIGHWAY FOR LA FIESTA PARADE. WHEREAS, the citizens of the City of San Luis Obispo will be holding their annual community celebration on May 18, 19, and 20, 1979; and WHEREAS, a parade on Saturday morning, May 19, 1979, is an integral part of the La Fiesta celebration; and WHEREAS, La Fiesta is a most important civic celebration, drawing visitors to this City from distant places to see this most extraordinary parade and to visit the early California historical sites of this community. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. A Parade Permit is hereby issued to La Fiesta Association authorizing the closing of Highway 227 to Broad Street and the closing of Highway 101 off- ramp at Marsh Street during the hours of 10:00 A.M. to 1:00 P.M. on May 19, 1979. 2. The City Police Department and other City departments are directed to cooperate with La Fiesta officials in putting on the parade. 3. The Department of Transportation and the California Highway Patrol shall be notified of the proposed closing of a portion of a State Highway for this parade, and they are hereby requested to approve this action. 4. The City Clerk is hereby directed to notify appropriate City departments and State agencies by forwarding copies of this resolution. On motion of Councilman Dunin , seconded by Councilwoman BilliQ , and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None R 3845 Imo, Resolution No. 3845 (1979 Series) The foregoing Resolution was passed and adopted this 7th day of May , 1979. ATTEST: We - ., �.� C Clerk J.H. Fitzpatrick Approved as to form: City Attorney Approved as to content: City MEI-r istrative Officer AY - 1 1979ACENDA ITEM # f RL. UTION NO. 3 o o L)l 11979 Sere" ) APPROVED ai lm CON TIN-LIED i0 CITY.OF SAN LUIS OBISPO RESOLUTION OF APPRECIATION EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO MORRIS WITBECK FOR CREATING THE INDIAN PAINTING ON THE WALL OF THE HALLWAY OF THE FIRST FLOOR OF CITY HALL. WHEREAS, Morris Witbeck did design, and paint the Indian painting on the wall of City Hall; and WHEREAS, this work of art was created on his own accord in order to make the atmosphere of City Hall more pleasing to citizens and employees; and WHEREAS, Morris Witbeck did donate the numerous hours required to paint this work of art within City Hall with no compensation except the delight of those who gaze upon said work of art. NOW, THEREFORE, BE IT RESOLVED that this Council wishes to express its gratitude to Morris Witbeck for the service he has rendered and the time and effort expended for the visual enhancement of City Hall in the City of San Luis Obispo. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of April, 1979. J. H. Fitzpatrick, City Clerk Lynn R. Cooper, Mayor 11 -/ RESOLUTION NO. 3843 (1979 Series) C X e so A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT 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 a contract on behalf of the City for the following: PROJECT: Drainage Channel Lining CITY PLAN NO.: C -20 ESTIMATE: $123,312.50 BUDGET ACCOUNT: 30- 5062 -747 BIDDER: C. Boyd Construction, Inc. BID AMOUNT: $111,214.50 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 Councilwoman Billig and on the following roll call voted AYES: Councilmembers Billig, Bond, Dunin, Jorgensen.and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 1st day of May , 1979. ATTEST: Ci Clerk J.H. Fitzpatrick Approved as to form: City Attorney George Thacher Funds Available Approved as to content: City Adminis'trative Officer Leland Walton Finance �ctor R.C. Muravez R 3843 G RESOLUTION NO. 3842 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP SLO -78 -155 LOCATED AT 221 MADONNA ROAD (MADONNA ROAD PLAZA), VALLEY VISTA CORPORATION, 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 SLO -78 -155 as contained in Resolution No. 3651 (1978 Series). SECTION 2. Whereas an assigned pledge account in the amount of $5,000.00 has been deposited with the City to guarantee the installation of the median curb in Madonna Road. SECTION 3. Whereas a letter has been submitted by Mr. William Moll acknowledging that the City shall have the right to modify the existing main entrance to the Madonna. Road Plaza Shopping Center to provide a standard -type street entrance within the 20' dedication area at City's convenience. SECTION 4. This Council now. grants final approval of Parcel Map SLO -78 -155 and authorizes the Mayor to execute the agreement. On motion of Councilman JorQengorBeconded by Councilwoman Billi„g and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None. ABSENT: None the foregoing Resolution was passed and adopted is 1st day of M 1979. Lynn R. Cooper ATTEST: Approved as to content: f Ci er J.H. Fitzpatrick City A inist`rative Officer Approved as to form: ity E i er City Attorney R 3842 O O GUARANTEE to CITY OF SAN LUIS OBISPO I, the undersigned, hereby place on deposit with the City of San Luis Obispo, (by an �ssi nel Ple gge ccount) the sum of $, 5.000.00 �e6 =�r €tLa sk@816 to guarantee: Installation of Madonna Road Median Curb as required by the City Engineer in compliance with Parcel Map SL0 778 -155 requirement. at 297 Madonna Road Block Subdivision Lot Parcel Map SLO -78 -155 In event I fail to make said improvement(s) within 120 days from this date, the City is hereby authorized to use any or all of said deposit as necessary to complete such improvement(s) and refund the balance of the deposit, if any, to me. In the event the City has to proceed with said improvement(s) and the lowest responsible bid exceeds the deposit, then I agree to deposit such additional amount within 2 days after notice thereof. It is understood the entire deposit shall be refunded to me provided I make said improvements prior. to 120 days from this date. �'C4S�G�M l t re kJ -719 Date i • y • ^_ ! w - ` YAt ira � tip: Iat a L" L+ X34. 3 c c w � 0 ;�03• s .a. dN®9 di� r Q In � 4t iy Za g'1 V4� Z Q y Q �tlo 3 c c w � 0 ;�03• s .a. dN®9 di� l - 0 RESOLUTION NO. 3841 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE SOUTHLAND CORPORATION FOR WIDENING JOHNSON AVENUE 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 Southland Corporation for widening -.of Johnson Avenue at Monterey 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: The Southland Corporation. and City Engineer On motion of Councilman Jorgensen seconded by Councilwoman Billig and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1979 ATTEST: Ci t'lelk J.H. Fitzpatrick 1st day of May R 3841 i m Approved as to form: Au City Attorney O Approved as to content: City AdfniuTstrative Officer City Engineer . AGREEMENT THIS AGREEMENT, executed this 1st 1978, by and between The Southland Corporation day of May hereinafter called Grantor, and the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called City, witnesseth: 1. Grantors shall convey to the City 648 square feet (0.015 Ac), more or less, lying along Johnson Avenue as shown on the attached sketch. 2. In consideration of the deed to the property for street widening, City agrees to remove two (2) existing driveway ramps, sidewalk, curb and gutter and to construct new sidewalk, curb and gutter at the new line, and a 25 foot wide driveway ramp on the Johnson Avenue frontage. 3. City'will provide all necessary engineering, relocate utilities and drainage improvements as necessary, and pave out the street to the new gutter. CITY OF SAN LUIS OBISP.O slL TiN R. COOPER Mayor Lynn R. Cooper Attest: s/J.H. FITZrATRICK City Clerk J.H. Fitzpatrick. The Southland Corporatinn Asst. Secretary (Appropriate Notary Acknowledgement to be.attached) 46 / V V EXHIBIT A That portion of Lot 2, Block 2 of the central addition to the city of San Luis Obispo, as recorded in Book of Maps, Volume A, Page 54 in the office of the San Luis Obispo County Recorder's Office described as follows: Beginning at the most westerly corner of said lot (true point of beginning); thence north 490 45' east a distance of 15 feet along the northwesterly line of said lot, to a point; said point being tangent to a curve, concave to the east and having a radius of 10 feet; thence southwesterly along said curve through a central angle of 900 a distance of 15.71 feet to a tangent point on a line, said line lying 5 feet easterly from, and parallel to, the southwesterly line of said lot 2; thence south 450 15' east along said line a distance of 115.30 feet to the southeasterly line of lot 2; thence, southwesterly along said southeasterly line a distance of 5 feet to a point in the southwesterly line of lot 2; thence north 400 15' west along said south- westerly line a distance of 125.30 feet to the true point of beginning. RE CF. IVE® OCT 3 01918 CONSTRUCTION DEPT 2195 x100& �. flio1/ RESOLUTION NO. 3840 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND TENWISE FOR STREET WIDENING ON SOUTH HIGUERA 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 "A" and incorporated herein by reference, between the City of San Luis Obispo and TENWISE for street widening on South Higuera 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: Tenwise and the City Engineer. On motion of Councilman Jorgensen seconded by Councilman Dunin ^, and on the following roll call vote: AYES: Councilmembers Billig, Bond,.Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of MaN , 1979. ATTEST: Ci e c J. . Fitzpatrick R 3840 �J Approved as to form: Approved as to content: City Attorney City AdiRtl zrative Officer C. City ngineer AGREEMENT This agreement, made and entered into this 1st day of May , 1979, by and between TENWISE, a limited partnership (hereinafter "Tenwise ") and the CITY OF SAN LUIS OBISPO (hereinafter, "City "), a municipal corporation of California; WITNESSETH: 1. Tenwise, a limited partnership shall convey to City 3551 square feet, (,0.082 acres), more or less, lying along South Higuera Street as shown on Exhibit "A", attached hereto and.incorporated herein by this reference. 2. Tenwise shall construct sidewalk, curb, gutter and driveway ramps At the new alignment. 3. City shall provide all necessary engineering, relocate utilities and drainage improvements as necessary and pave out the street to the new gutter. TENWISE, a limited partnership BY: RICHARD BURKE, General Partner Approved as to form: C7 SAN L City Attorney ATTEST: J.1y""Pitzpatrick, City Clerk Lynn Approved as to content: City -Admilnis-tratiV6 Officer City Elgineer �FSOIu 1 �� ti 3$19 mmmsr= $ i"o - i1tTIICiA J. CLARK MR LEER LAONG A.`:D :f 1CATv-D i1wnCts ?'o WE CITY kn:) E-S CITIZMS. ­> -'NMRMv PATRICIA J. CLARK bcrgan mploy -mont with the City an W J# 1957i as City Librarian: and !14'� $, sUas Clark has provided loyal zior�•ice to the peopla A &ULS Obispo for ol=aot 22 yearn: And $mCWAq0- Clark was active in pro - serving our horitaaQ. and P-aaai3Otad thpa lntereated in it.a atudy: and -s- r.. "as C20xk pra ctad the Groat Books arogrm in the #ky !ad a b&Uamd library collection on a limited ,*t ft CW" e=ant that program and carry out bar co=it=ont to AAm IUM49VY iett "COS and tali ASi� btia:3 Clark was a pioneer in tho prcotlon o: grvator cooperation betvvv.n i ibrarioa and involved vin #a. the 014ek -Cold Ccoperativm ..::2rary svr:•icor and X18.- ?ll6n Clark b4;Caa* .aaai.ata::t :.ibr4rian rnon t:sa City .kY Ubtaried %were csoaaoi iciat" :a Ja.:.uary. 11919); and _ * s [lark +si5t :m groatij r-ioaay citizena and t a to ifto Ave aaaiat.anee ovor 0601t "Za of aorvits 5n t:sQ :QCa1 :brary oyzte -i It at, 'SEEZt3SFOgt:. tit: iT f +G:.:'E:D ►!sat ::; i a Cesar i l Qapreo ae a i ,. a ;ftiDBS to VAT=R;2A► J. =%AN for tim 1o9'•: iCQ t::at *he !►aa per:aroc: he contri.Wt Iona Y'as nag a -silo . to ;, *i : a c err 4n : t }• . a% action at S01;;a^ _.i!)�'y'ctt_�c-o.• =a C`o:ldeal trj• ��!•R�'.' _�.�- aid an the :all i:a; Cal: I r@101rit-104% wag :s. - +tJriCiaiP.i) ant: na"mr i'z+apler. _= .4 4,14 th da•O of Ka-1, l" RESOLUTION NO. 3838 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING CERTAIN DOCUMENTS AND DIRECTING THAT THEY BE RECORDED. WHEREAS, the City Attorney has determined that a number of previously received documents must be approved, accepted, and recorded by the City; NOW, THEREFORE, BE:.:IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The following documents are hereby approved and accepted and the City Clerk is directed to present them to the County Recorder for recordation: (a) Deed of Easement from JAMES G. MURDOCK (creek access near McMillan Road); (b) Deed of Easement from ROGER KEEP and BARBARA KEEP (storm drain easement 2404 & 2412 Augusta) (c) Agreement Affecting Real Property from WAYNE WALDRIP, SHARON WALDRIP, JACK WESTERMAN and SYBIL WESTERMAN (retaining wall at back of sidewalk); (d) Agreement Affecting Real Property from RAY B. BUNNELL, ROBERT C. SMITH, ELEANOR H. SMITH, THOMAS J. BELL, and JANET L. BELL (retaining wall on Peach Street); (e) Agreement Affecting Real Property from GILBERT MESA and HAZEL R. MESA (driveway, parking and landscaping at 179 N. Santa Rosa Street); (f) Agreement Affecting Real Property from WILLIAM OLIVEIRA (retaining wall at Royal Way and Galleon Way); (g) Agreement Affecting Real Property from RALPH T. STEWART, JR. (railroad tie retaining wall at 1720 Portola Street); (h) Agreement Affecting Real Property from JOHN E. KING (wood and wire fence at 2241 Santa Ynez) ; (i) Agreement Affecting Real Property from WESTSIDE.AUTO PARTS, INC. (sign, parking and landscaping at 200 Higuera St.).;. (j) Agreement Affecting Real Property from DENNIS HOWLAND (retaining wall at 1690 Hillcrest); (k) Agreement Affecting Real Property from PETER DEL VAGLIO (retaining wall at 1665 Knoll Ct.) ; (1) Agreement Affecting Real Property from THOMAS RICE (grease trap for - restaurant at 1020 Railroad Avenue); R 3838 0 Resolution No. 3838 (1979 Series) (m).Agreement Affecting Real-Property from GERRY WAGNER and MARILYN WAGNER' (retaining wall at 3597 Johnson Avenue); (n) Agreement Affecting Real Property from CLYDE L. BRODIE (.planter boxes at -341 Higuera Street) ; - (o) Offer to Dedicate from BENJAMIN P. J. WELLS and PHYLLIS 0. WELLS ,(property at_646_Perkins Lane); (p) Offer to Dedicate from WESTSIDE AUTO PARTS, INC. (property at 200 Higuera Street). On motion of Councilman Jorgensen seconded by Councilwoman Billig , and on the following roll call vote: AYES: Counci- lmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this ist day of May , 1979. ATTEST: CitpXTdfk J. H-. Fitzpatrick- Approved as to form: Approved as to content: AM Cify Attorney ty A."dmi Estrat ivd'Offiter ;City En 'neer A. O RESOLUTION N0: 3837 (1979 Series) A RESOLUTION OF THE COUNCIL OF "THE CITY OF SAN LUIS OBI8PO APPROVING THE 1979/80 FISCAL YEAR BUDGET FOR, THE HANDICAPPED TRANSIT SYSTEM OF THE SAN LUIS 0BISPO REGIONAL TRANSIT AUTHORITY. BE IT RESOLVED by the Council of the City of San Luis Obispo that the annual budget for.handicapped transit, attached hereto marked exhibit "A" and incorporated herein by reference, for the Joint Powers Agency known as "San Luis Obispo Regional Transit Authority" is hereby approved for the 1979/80 fiscal year. On motion of .Councilman Jorgensen seconded by Councilwoman Billig ,. and on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed.and adopted this 1st day of May , 1979. - - ATTEST: Cit c H. Fitzpatrick Approved as to form: City Attorney G. Thacher' 44-- _your L: per Approved as to content: Public Servic is Director D. Romero R 3837 0 0 REGIONAL HANDICAPPED TRANSIT STATEMENT OF REVENUES AND EXPENDITURES FOR FISCAL YEARS 1978 -79 and 1979 -80 1978 -79 Revenues: Member Agencies Contribution SLO County $18,844 Other Members 23,156 Fares Expenditures: Actual to date, 3 -18 -79 Estimated, 3 -19 to 6 -30 -79 Payments to Contractor $ 4,800 Advertising 1,000 Audit 1,500 Administration 1,500 Estimated Balance Available 6 -30 -79 1979 -80 Revenues: Member Agencies Contribution: SLO County $11,538 Other Members 13,462 Fares Interest Expenditures: Payments to Contractor Advertising Audit Administration Estimated Balance Available 6 -30 -80 $42,000 400 $42,400 400 $ 8,800 $ 9,200 $33,200 $25,000 1,170 1,000 $60,370 $37,740 2,500 1,500 2,523 $44,263 $16,107 1 of 3 Agency Arroyo Grande Grover City Morro Say Paso Robles Pismo Beach San Luis Obispo County Total Funding 1979 -80 Percent Amount 7.37 $1,842 5.69 .1,422 6.40 1,600 5.90 1,475 3.58 895. 24.91 6,227 46.15 $11,539 100.00 $25,000 2 of 3 c a CITY OF ARROYO GRANDE By: Clerk CITY OF GROVER CITY By: Clerk CITY OF MORRO BAY By: Clerk CITY OF PASO ROBLES By: Clerk CITY OF PISMO BEACH By: Clerk CITY OF SAN LUIS OBISPO By: s /LYNN R. COOPER s/J.H. FrrZPATRICK Clerk COUNTY OF SAN LUIS OBISPO By: Clerk APPROVAL RECOMMENDED: By: Transit Manager U w DATE: RESOLUTION NO. DATE: .RESOLUTION NO. DATE: RESOLUTION NO. DATE: RESOLUTION NO. DATE: RESOLUTION NO. DATE: .S�/ RESOLUTION NO. DATE: RESOLUTION NO. 0 0 _..._.. ...... - 3 of 3 .___. _...._ + ?"o r S110 LUIS OBISPO COURTY ��� COUNTY ENGINEERING '� � � DEPARTMENT r ROOM 101 COURTHOUSE ANNEX + SAN LUIS OBISPO + CALIFORNIA N 93408 , (805) 544 -5500 GEORGE C. PROTOPAPAS ROADS TRANSPORTATION County Engineer FLOOD CONTROL 8. WARD PHELPS WATER CONSERVATION DEPUTY COUNTY ENGINEER - FIELD SURVEYOR CLINTON MILNE SANITATION DEPUTY COUNTY ENGINEER - OFFICE March 26, 1979 City of San Luis Obispo P. O. Box 321 San Luis Obispo, CA 93406 Subject: 1979 -80 Handicapped Transit Budget Gentlemen: The adopted Handicapped Joint Powers Agreement requires that an annual budget be prepared and adopted by each member agency. It is our RECOMMENDATION that your Honorable Council approve the attached budget and authorize your Mayor to sign same and return it to the County Engineering Department. Discussion: On Page 2 of the budget, you will find the amount of money due from your city. At some future date, the County Engineer- ing Department will bill your city. Respectfully, EO GE C. PROTOPAPAS Regional Transit Manager GCP /JW /alb RECEIVED MAR 2 9 1919 CITY CLERK SAN LUIS OBISPO, CA QWIBIT "A" c93 1 RESOLUTION NO. 3836 V (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO MENDING THE 1978 -79 ANNUAL TRANSPORTATION CLAIM. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The 1978 -79 Annual Transportation Claim approved by Resolution No: Ml (1918 Series) is hereby, amended and the filing of #Two Amended Claim for 1978 -79 is hereby approved. Said #Two Claim is attached hereto, marked Exhibit 1°A" and incorporated by such reference: SECTION 2. The Mayor is authorized to execute the appropriate claim.documents on behalf of the City and the City Clerk is directed to forward executed copies.of the claim and a certified copy of this resolution to the County Auditor of the County of San Luis Obispo.. On motion of Councilman. Jorgensen and on the following roll call vote: O seconded by Councilwoman Billig , AYES: Councilmembers Billig,. Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this _lst__ day of Lijay 1979. ATTEST: Ci e . H. Fitzpatrick f R. 3836 u Approved as to form: City Attorney W" Approved as to content: City Administrative Officer apv--� -,� City Engineer f O O f follows: RESOLUTION NO. 3835 (1979 Series) A RESOLUTION OF INTENTION TO ABANDON A 20 -FOOT ALLEY IN THE BLOCK BOUNDED BY SANTA ROSA, MARSH, TORO, AND HIGUERA STREETS. BE IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. It is the intention of the City of San Luis Obispo to abandon a 20 -foot alley in the block bounded by Santa Rosa, Marsh, Toro, and Higuera Streets as shown on the map marked Exhibit "A" attached hereto and incorporated herein by such reference pursuant to Division 9, Part 3, Chapter 2 of the Streets and Highways Code. SECTION 2. Copies of the map showing the particulars of the proposed abandonment are also on file in the Office of the City Clerk. SECTION 3. Tuesday, June 5, 1979 at 7:30 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 abandonment, 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 once in full, at least three (3) days before the public hearing on the proposed abandonment, 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 abandonment along that portion of the street proposed to be abandoned at least ten (10) days before the date set for hearing in accordance with Section 8322 of the Streets and Highways Code. R 3835 Resolution No. 3835 (1979 Series) SECTION 6. The abandonment is subject to reservation of public utilities easements of record and incorporated herein by reference. On motion of Councilman Jorgensen, seconded by Councilwoman Billig , and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of May , 1979. ATTEST: C erc, J.H. Fitzpatrick Approved as to form: City Attorney Approved—di--to content: 1 City Administrative Officer City BfiVineer Community De elopmelu Director E7-77, F, L14 tn 9T- 0 tlJ M hhnS ST. n RESOLUTION N0. 3834 .�19 Series) A. RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MI.NOR'_SUBDIVISION N0: 79 -054, LOCATED AT 11035 1121 AND 1137 HIGUERA STREET: 1170 AND 1190 MARSH STREET; AND 111,15'1115, 1127 AND 1143 TORO 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 79 -054 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 -R and PO 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 79 -054 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 install street trees to the approval and satisfaction of the Public Services Department on entire street frontages of parcels 1 and 2 prior to final map approval. 3. Subdivider shall remove existing structure adjacent to new lot line between parcels 1 and 2 or install firewall protection with parapet on existing structure to the approval of the Chief Building Official. This condition shall be.met prior,to „final map approval_, 4. Subdivider shall fully execute and the City Council shall approve an agree- ment between the city and the subdivider regarding the continued use of property adjacent to parcel 2 as a parking lot for uses on parcel 2. Said agreement shall be approved prior to final map approval:. - On motion of Councilman Jorgensen, seconded by Councilwoman Pilli.L,. and.on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None The foregoing resolution was passed and ajzl5te� this 1st day of may, 1979. ATTEST:. mayor LyirCi R. Cooper PT er .H. Fitzpatrick R 3834 Resolution No. 3834 T Page 2 MS 79 -054 Approved as to form: City Attorney HE:L 4/13/79 Approved as to con ent: City inittratiVe Officer I K244 6wao0l ommunit�y`Dev eT opment Department &Amwo City gi eer x RESOLUTION NO. 3833 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO ESTABLISH A RULE OF PROCEDURE REGARDING THE FAILURE OF AN ITEM BEFORE THE COUNCIL TO RECEIVE AT LEAST THREE AFFIRMATIVE VOTES. RESCINDED WHEREAS, Section 506 of the Charter of the City of San Luis Obispo provides that no ordinance, resolution.or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the council; and WHEREAS, Section 504 of the Charter provides that the council shall determine its own rules of procedure; and WHEREAS, this council desires to adopt a rule of procedure regarding the effect of a failure of an item to receive at least three affirmative votes; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Following moving and seconding, any ordinance, resolution or other motion before the council which fails to receive at least three affirmative votes shall be considered to be defeated, even when there are not at least three votes in opposition to the ordinance, resolution or other motion. On motion of Councilman Jorgensen. , seconded by Councilwoman Billig , and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this lst day of May , 1979. ATTEST: i � "J. Ci e H. Fitzpatrick Y C Approved as to form: Approved as to content: City Attorney City- Administrative Officer. ;6e. ` 2 RESOLUTION NO. 3832 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO REQUIRE A FOCUSED ENVIRONMENTAL IMPACT REPORT ON THE MODIFICATIONS T0'THE PROPOSED TERRACE HILL PLANNED DEVELOPMENT PROJECT, CUESTA VALLEY PROPERTIES, APPELLANT. WHEREAS, on March 14, 1979, the Environmental Review Committee ("ERC ") considered modifications to the proposed Terrace Hill Planned Development Project ( "Project ") ; and WHEREAS,- because the ERC was unable to.decide whether an Environmental Impact Report ("EIR") should be prepared for the. modifications to the Project, the matter was referred to the Planning Commission;,and WHEREAS, on March 28, 1979, the Planning Commission found that the modifications to areas 3 and 4 of the Project may cause significant adverse environmental impacts:,and, therefore, required an EIR, to be focused on (1) traffic and circulation, (2) noise, (3) geologic and seismic hazards, (4) storm drainage, and (5) esthetics; and WHEREAS, the Project applicant has appealed to the City Council the Planning Commission':s decision to require a focused EIR; and WHEREAS, this council has received all the materials relevant to the appeal, including but not limited to, the appeal, staff reports, and minutes of the Planning Commission meeting; and WHEREAS, on April 17,1979, this council held a public hearing regarding the appeal, at which testimony was .given by numerous individuals both in support of and in opposition to the appeal-, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows` R 3832. • ' Resolution No. 3832 (1979 Series) SECTION 1.. This council finds that on the basis of the materials and testimony offered, received and considered that the above - referenced modifications to the Project will have a significant effect on the environ- ment, as so determined by the Planning Commission. SECTION 2. The determination of the Planning Commission to require an EIR for the Project hereby is affirmed, on those conditions and for those areas and purposes described by the Planning Commission. SECTION 3. The appeal of the Project applicant, Cuesta Valley Properties, hereby is denied. SECTION 4. Staff hereby is directed to take appropriate action.con sistent with this resolution On motion of Councilman Jorgensen ,.seconded by Councilwoman Bil -lig and on the following roll call Vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 1st _ day of May__ , 1979. ATTEST: C er IC J. H. Fitzpatrick Approved as to form:.. City Attorney ' Approved as icon -et: City ficer Community' evelop nt Director RESOLUTION NO. 3831 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT MAP NO. 651 LOCATED AT 1353 ROYAL 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 tract 651 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan. 2. The design and improvements of the proposed subdivision are consistent with the general plan. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the.subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements, for access through or use of property within the proposed subdivision. SECTION 2. That the approval of the tentative map of tract 651 be subject to the following conditions: 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 struc- tures are located correctly prior to release of structures for occupancy. 3. All utilities shall be underground, including the subdivider contributing a proportionate share of cost (not to exceed $5,000 as determined by the city engineer) of undergrounding existing utility line adjacent to Los Osos Valley Road. 4. Subdivider shall install individually metered water service to each dwelling unit. Meters shall be located at frontage of each unit, be unobstructed, and be to the approval of the Public Services Department. 5. Sewer and water mains shall be public and.to city standards. Easements over the mains and access to mains shall be to the approval of the city engineer. 6. All private driveways shall be improved to standards approved by the city engineer. 74 . Final map shall note entire site as a blanket utility easement acceptable to the utility companies and city engineer. 8. Subdivider shall install traffic control devices /signs on -site to the approval of the city engineer. 9. Subdivider shall place underground entire drainage system to accommodate a 100 -year design storm, including the section under the Royal Way right -of- way, if necessary, to the approval of the city engineer. 10. Subdivider shall blanket Royal Way with a minimum of one inch of asphalt con- crete pavement to the approval of the city engineer. Funds on deposit with the city from the developer of tract 569 for street resurfacing shall be contributed by the city toward this requirement. 11. Final tract map approval shall not become effective until final parcel map 78 -258 is filed, approved, and recorded. 12. Subdivider shall install street trees along both street frontages to the approval of the Public Services Department. R 3831 Resolution No. 3831 O O Page 2 Tract 651 13. Final map shall show access rights to Los Osos Valley Road dedicated to the city by way of one foot reserve strip to approval of the city engineer. 14. Subdivider shall soundproof the interior of the dwelling units to a 45 db level consistent with the general plan noise element. 15. Conditions, covenants and restrictions shall be approved by the city attorney and community development director prior to final map approval. :CC &Rs shall contain the following provisions: a)-Creation of a homeowners' association to enforce the CC &Rs and provide for professional, perpetual maintenance of all common area including driveway and all building exteriors in a first class condition; b) Grant to the City _of San Luis Obispo, the right to maintain common area and building exteriors if the homeowners' association fails to perform, and assess the homeowners' association for expenses incurred; c) No parking on the site except in approved designated spaces; d) Grant to the City of San Luis Obispo the right, to tow away vehicles, on a complaint basis, which are parked in unauthorized places. e) No outside storage.of boats,.campers, motorhomes and trailers nor long- term storage of inoperable vehicles; f) No outside storage by individual units except in designated storage areas; g) No change in city - .required provisions of CC &Rs without prior City Council approval; h) Initial occupancy of all units shall be by the owner; provided that if a unit does not sell within the first 60 days on the market, it may be sold to non - occupant owners. 16. Subdivider shall pay.park in -lieu fees prior to final tract map approval. 17. Subdivider shall install a masonry wall.along Los Osos Valley Road to the approval of the city and as approved by the Architectural Review Commission. 18. Alternative driveway entrance detail proposed by the subdivider dated March 5, 1979 is hereby accepted and approved. 19. Approval is conditioned on submittal of a preferential financial plan for owner - occupied dwellings (community investment fund program.) - On motion of Councilman Jorgensen, seconded by Councilwoman Billig , and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES:, None ABSENT: None The foregoing resolution was passed and 1979. ATTEST: C C1erc J.H. Fitzpatrick e this 1st day of _ May , i elyz /�� Lynn R. Coope Resolution No. 3831 Page 3 Tract 651 Approved as to form: City Attorney Approved as to co ent: city ti s tYa ve Officer ommun y ev opme ment City Eng er follows RESOLUTION NO. 3830 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING REVISED CITY STANDARDS NOS. 400, 401, 210, 320; 321, AND 221. BE IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1: This council hereby approves the adoption of revised City standards Nos. 400, 401, 210, 320, 321 and 221, as attached hereto marked Exhibit "A" and incorporated herein by this reference. SECTION 2. City staff is directed to, distribute the revised standards as necessary to inform contractors and developers of the revised standards. On motion of Councilman _Jorgensep seconded by Councilman_Dunin` , and on the following roll call voter AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and adopted this 1st day of May , 1979. ATTEST: C` Cle c J. H'. Fitzp "atrick Approved s to form: Approved as to content: City Attorney C tt Admin strat ve ficer " ..�. ... City ngin r _ R 3830 WET BARREL Residential Applications C Rich Model 5-8 or Mueller A-450 For :n"ef'rw E160-AGIA-T !e,,-- "C11 2 1/27, 1- 4 1/2" L;'. 1K.- To be :'aced bjhir,.d ;16e- _ — ,,; W::h fT_ clear to tocrrnt tact. Fire Zone One Applications PV 1 - wil! PUT 1_De --- -­ Rich Model 10 3. T11z of C C,11, 0 1- 2 1/2" 2 -4 1/2" P!Cce ;5 :1erfn,!:ad w,*,;1 "tq-j;Gr !'Inc run tee. in place of th,a Fire Dept. Option nro�%06.1(., lee. Rich Model 960 1/2", 1- 4 1/2" G :2 volve 502, -., AA �VT ar..? JI, No ir, It 2! % Ir \% wil k 7T 4 .e. 7 C! �55 21.0 • cr i It lwunt t:,r o ce .2crth MUELLER Modern Improved O no. A-419 2 1/2" hose connections shall be It 1 -1/21' pentagon operating nuts. National Standard hose thread, all __5 1/4'-valve opening. '4 1/2" hose connections shall be 4 1/2° National Standard National Standard pumper thread. pumper thread,one each. 2-1/2" Notional Standard A -hose thread two- each. , DRY BA RREL Use only when specified by the City Engineer. �F SAN *,-Uls R F_ -v I SION 5 Csispo by azp:! 6�2 C, (10*e FiRE HYDRANT Vj� L L z1.7 10 US!N G AN ANCHORN'tIG _T1Z1F_-_ NO. 400 -7 J- rr E7XfH1B1T__"�A Ret,,venfial Applications*- WET BARREL Model 5-6 or-_Mueler-A-450 I - 2 112" . 1*'-' 4 1/2" Fire Zone One !Applicdtions Rich Vol —I - 2 1/2" , 2- 4 T­ :j 7i Fire Dept. Option Rich Model -960 .2 he n;,3 ce d t r d CS e All 2 -1/2"....hose -connections shall be National Standard-.hose thread, all 4 1/2"- -hose . connections shall-be.- --,--National. Standard pumper.,1hread. -Ila VGive.-ho-', Tapping sleeve -Asee note) N.7 M_ CITY. OF SAN LUIS 0 13 i SP 0 A TAPPING TOP AND VALVE "Arr Ex" H IT Al Z I J 7 I& ?T1 4'A Z ,__--'___.- Tapping valve see note) lvfueller Modern —Improved A- 419 TAPPING VALVE shall -be MUELLER H-667 M.J. type .0-ring 200 p.s.i. working pressure or 1-1/2" -pentagon 'operafing-nuts approved equal. TAPPING SLEEVE shall be MUELLER H-615 M.J. type or t. 9RR' MUELLER H-610 caulked type or approved equal : . and shall be cement lined, Noss 250. 3, 'T­ DRY BARREL (To be used only when specified by the City Engineer) M_ CITY. OF SAN LUIS 0 13 i SP 0 A TAPPING TOP AND VALVE "Arr Ex" H IT 0 s x w w N W S U Z H W F H W ca w F Z H a a a w z H a x Hours minutes Minimum time duration is IO minutes. E „ „ /� I 1 01 T "A" REVISIONS APPROVED CITY OF SAN LUIS 081SPO L INTENSITY o Aoo. dote date _ RAINFAL CHART - H_ iNC:TH IN FEET r-0.5 0 25 .9tr 75 100 125. _150_175. 20 3 —0.7 - . A= AV2:1 - 4 —0.Q 1.2 + 0.021 L 0.9 D 1.2 5 6 \ 8 1 .5 \' —10 2:0 \ EXAMI-LE; \ 15 —2:5 1-i -1,0, Q =2 1_`125 USr D =27 \ 20 3.0 ' -/i.o = 30 35 — G.0 50. Y 7.0 �60 .- 8 -0 ... -.. _.. ... __ 70. —9.0 [100 80 10.0 gee deteilA 90 /S /F REE..WATER SURFAC Y f3AS 1 fl`RLA. A li PYD. GRADE_ LINE. —STORM DRAIN, —Z, REQUIRED FREEBOAn -6" MIN — BELOw UP OF .GUTTER 0 25 50... 75 100 125 150 175 20C BULLETIN, STATE UNIV. OF IOWA, - REF. ^FLOW OF EYATER THR.OUGN CULVERTS' REVISIONS APPROVED CITY OF SAN LUIS OBISPO Description by App elate gate DESIGN OF CONNECTOR PIPES FLOWING FULL City Engineer - - NO .1&1- EXROT "A" si . r PARKING STANDARDS Parking stalls and aisles to conform to city standard detail and Section 9200.16.1 of Municipal Code which also covers landscaping i improvement standards, screen fencing, and. lighting. Primary Items to Check .Parking lots and driveways serving less Ihon ten spaces shall be paved with a.. minimum equal to two inches of asphollic concrete plant mix over four inches of Class 3 base material. Parking lots with more than ten spaces or where trash enclosure location requires access by a truck., shall be paved with o minimum equal to two inches of -asphaltic concrete plant mix over six inches of 'class 3 base material. These figures are minimums, where other.maierials are proposed or adverse conditions exist, the City Engineer may stipulate further requirements. The Class .3 base material under parking lots is to be compacted to 95% relative com- paction over native material which has been compacted to 90% for a depth of 12".6ase material is to be inspected' by the, City before paving. Tne minimum allowable inside turning radius in parking and driveway crccs shall be. 20 feet, unless fire truck access is neccessory in which case the minimum inside radius shall be 28 feet and the outside radius shall be 46 feet clear. Perking spaces shall slope no more then six percent in any direction and no less Ihon one - half percent in the direction of drainage. A maximum of 10% slope in aisle and turn around areas may be allowed by the. City Engineer. Swales less than one per- cent .shall be concrete. Parking spaces which back directly onto the public stree-t shall be setback o minimum of 20 feet from the back of the sidewalk alignment, regardless of the zoning of the property. No portion of any porkinq space or aisle except driveways for ingress or egress shall be permitted in a required street yard setback area. A parking space facing a wall containing- entrances and abutting a walkway to those - --- -- entrances must be at least four feet clear of such a wall. Wheel stops are required if the auto will head into o wall, fence or building. t. A stall alongside a fence or wall must be a minimum of 10 feet wide to allow room for doors to swing. Dimensions shown on the standards must be clear of overhangs or other encroachments w hiCh might Interfere with vehicular access. .. 7' or more spaces, but less than 20 spaces, must be served by a driveway of least 16 feet wide or by two one -way drivewr, s at least 12 feet wide. 6 or fewer spaces require 12 wide drive (10' residential or office). Parking lots with five. or more scoces shall be designed so that automobiles will exit on o public street in a forward direction and with no more than two 'maneuvers. A. maneuver is defined as each motion in either o forward or backward direction. No space may be allowed that requires a vehicle to be mane- uvere7 on the puLlic sidewalk 'in order to exit. REVISIONS APPROVED CITY OF SAN LUIS OBISPO Des cripticn tt �Ada+e dote _ PARKING - ' lrt TF-.f ineer - NO.321 RESOLUTION NO. 3829 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING UNIFORM DESIGN CRITERIA. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That Uniform Design Criteria as set forth in the document dated April 1979, attached hereto marked.Exhibit "A" and incorporated herein by this reference is hereby adopted. Previously adopted criteria are rescinded. SECTION 2. That copies of said Uniform Design Criteria remain on file in the Community Development Department and in the office of the City Clerk. On motion of Councilwoman_Billig , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 1st day of May , 1979. ATTEST: . .. a4i_ 5w e c J. H. Fitzpatrick Approved as to form: Ci Attorney Approved as to content:. City- Ad&inist: ative Officer City Engi r R 3829 Revised: April 1979 UNIFORM DESIGN CRITERIA CONCRETE Concrete shall meet requirements for Class "B ", 5 sac, 2500 PSI minimum, with a 2 -4" slump. DRAINAGE Cross Gutters: Cross gutters will only be permitted at intersections. Cross gutters are to be avoided wherever possible. They will not be allowed to cross through traffic streets. Hydraulic Calculations: Developed areas shall follow method's described in "Streets & Highway Drainage ", Vol 1 ITTE 11 -69. All drainage improvements shall be capable of handling the design storm based on ultimate development upstream and complying with the following standards. For Runoff Factors, see Standard Details 4213. DESIGN STANDARDS 1. Major waterways defined as those having drainage areas of over 4 square miles will be designed for a 100 -year frequency storm. 2. Secondary waterways which have drainage areas between 1 and 4 square.miles shall be designed for a 25- year frequency storm. 3. Minor waterways which have drainage areas of less than l square mile shall be designed for a 10 =year, frequency storm. U 4. All new building pads being created shall provide for a first floor elevation a minimum of one foot above the 100 -year storm high water elevation. 5. A11 new residential structures being built on existing lots shall have finished floors a minimum of 1 -ft above the 100 -year flood design elevation or in the case of commercial buildings shall be flood proofed to 1 -ft above the 100 -year flood design elevation. 6. Streets shall be designed to contain a 10 -year frequency storm within 6 or 8 -inch curbs to the approval of the City Engineer. Any additional discharge from a 10 -year frequency design storm shall be carried underground in storm drains. 7. Hydraulic gradelines in culverts flowing under pressure shall be no higher than a half -foot below inlet grates and manhole covers of all structures. 8. Additions or extensions to existing culverts shall be sized in relation to the practical quantity of water that can reach that location and which can safely be carried considering downstream restrictions and as approved by the City Engineer. -- - - - -- 9. No new improvement shall be allowed which will divert flood water to another location formerly not affected by flood flows. 10. All underground structures shall be provided with an alternate surface area that will safely carry off storm water should the structure become blocked. The surface area shall not be obstructed in.such a way as to stop or cause adjacent development to be endangered by storm water. Design computations for drainage shall include the following information: 1. Drainage area in acres. 2. Runoff factor. -2- 0 0 3. Storm intensity. 4. Time of concentration. 5. C.F.S. to each structure. 6. C.F.S. in each pipe. 7. Flow line elevation of each pipe and structure. 8. Top of structure elevation or control: elevations of inlets. 9. Water surface elevation at each structure. 10. Hydraulic gradient. 11. Pipe, size, length and gradient material (pipe gage or class). 12. Plat map showing areas covered by water and depth of water for a 100 -year design storm. In no event will drainage be permitted to overtop building areas either from surface runoff or from backup of natural bodies of water during a 100 -year design storm. The developer shall install debris and /or silt control devices as needed. Rain- fall intensity curves of the City shall be used for design. Friction factors are as recommended in the following table. TABLE_OF. FRICTION FACTORS The "n" values to be used in Manning's Formula shall conform to the 'following: a. Concrete case -in -place or precast pipe b. Vitrified clay pipe c. Corrugated Metal Pipe (C.M.P.) 100% paved d. Corrugated Metal.Pipe (C.M.P.) with paved invert e. Corrugated Metal Pipe (C.M.P.) plain unlined f. .Asbestos- cement pipe g. Open channel with gunite lining h. Asphaltic concrete (smooth) road berms i. Sack concrete rip rap j. Grouted rock rip rap k. Loose rock rip rap I. Landscaped channel 3- EAHOT 0.013 0.013 0.015 0.019 .0.024 0.011 0.018, 0.015 0.030 .030 .035 To be determined o J If velocity is erosive, the channel shall be designed to minimize damage. Erosion may be controlled by dissipaters, hard surface, or landscaping. ALLOWABLE VELOCITIES FOR EIRODIBLE INNINGS Garth with.Vegetativc Cover Erosion. EasilY Slope 11 es is t a tl t Type of Cover Ran ,c 6' Soils S(61:4 nip fps 'fps a. Bf-ririuda Grass sod 5-10 5 7 i0f. 4 6 1). Sod-foroiii)g f-,rass such as Ketitticky 0-5 5 7 Bliie Grass, litiffalo Gra-is, Smooth Drome, 5-10 1 6 Red Trip, 131tie. Gaiiiiiia. 10+ 3 5 c. Grass nii-,tm-(:. This is not recom- 0-5 4 5 illolided for use on Slopes steeper 5-10 3 4 thall d. Btiiwh grasses, viiies, and similar open cover such as Lespecleza, Weepilig Lovegrass, Ischaemurn (Yello%v 131tiestem), 0-5 2*. 5 3.5 Kudzu, Alfalfa -; Crabgrass, Suclaii Grass. Animals (for temporary use).- Not recom- mended for tise on stones steeper Ulan 5' %,, The City Engineer may grant exceptions to the above chart. Drainage Channels: Asphalt concrete will not be allowed for lining of any permanent channel. All channels shall have a minimum of one foot freeboard. Two feet may be required in major creeks. The minimum bottom width of lined channels shall be 6-feet and the minimum bottom width of unlined channels shall be 8-feet unless approved otherwise by City Engineer. All constructed open channels with vertical walls shall be protected by a chain link fence at least 5-feet high. Access points for maintenance in all channels shall be no further apart than 1200 feet. Where top width exceeds 50-feet, the developer will be required to improve an all weather dust free access and maintenance road at least 12-feet wide -4- EXHIMT "Art J t located between the channel and the chain link fence. Frequent access Points via driveways and parking lots may be provided upon prior approval of City in lieu of an access road. SEWER Sewer -Pipe Bituminous fiber pipe :shall not be permitted for mains or laterals. Concrete pipe will be permitted only for size of 18 inches or larger and then subject to the approval of the City Engineer. Cement asbestos pipe may not be used for sewers except for sizes 18. inches and larger. V.C.P., ABS Truss sewer pipe, cast iron and PVC water main pipe may be used for sewer mains. Laterals shall be of the same material as the main except as directed by the City Engineer. ABS pipe (DR = 23.5) & PVC pipe (DR of 32) may be used for laterals only. Cement joints., hot pour joints and rubber ring joints will not be permitted on mains. Rubber coupler joints such as "Band Seal" may be used. Minimum sewer main size will be 8- inches,. A 6 -inch minimum Size ma;n will 7, allowed for the last run which ends in a lamphole and which will not be extended. Sewer laterals shall be a minimum of 4- inches in diameter and of the same quality joint as the sewer main. Sewer wyes installed after construction of the main line shall have a saddle or other positive me_.ans of preventing the wyes from extending into the main line. Connections to 6 -inch and 8 -inch sewer mains shall be made by means of a combination maisi._and wye section. Sewer Design: Sewer mains shall be designed flowing full, considering ultimate development upstream and infiltration for the area.in question. -5 0 - Design flow criteria are summarized as follows: (For newly constructed mains only . City Engineer will provide data for Domestic_ Sewage: older mains) Average dry heather flow (ADWF) 84 GP.CD Peak dry weather flow (PDWF) 2.10 GP.CD x Peak reduction factor Storm Water- Infiltration /Inflow: Not more than 21i dwellings /acre: (or equivalent) More than 23z dwellings /acre: (or equivalent) well drained area 200 GPAD lowland 300 GPAD well drained area 500 GPAD lowland 750 GPAD Reductions in peak flows occur because of storage i the system and diversi= fication of development. The estimated factors which should be applied to obtain peak dry weather flows are summarized as-follow s: Population Ranqe Peak Reduction Factor 0 - 1,800 . . . . . . . . . . . . 1.0 . 1,800 - 2,600 . . . . . . . . . . . . .96 2,600 - 3,500 . . . .92 3,500 - 5,000 . . . . . . .88 5,000 - 7,000 . . . . . ... . . . .. .84 7,000 = 9,800 . . . . . . . . . . . . . . . . . .80 9,800 - 15,000 . . . . . . . . . . . . . . . . . .76 15,000 - 35,000 . . . . . . . ... . . . . . . . . . .72 35,000 - 50,000 . . . . . . . . . . . . . . . .68 Sewer mains will be designed for a 2- feet per second -Velocity flowing full (N= .013). Laterals shall be sized to be adequate for maximum allowable density on each specific lot. Curves may be permitted provided deflection is limited to manufacturers recom- mendation, and are only in one plane (either horizontal or vertical)•. Sewer mains and laterals shall be located as shown in Standard Vs 335, 336, and 415. - -- Manholes: Manholes will be spaced no further apart than 400 feet. Cleanouts at the end of a line may be spaced no further than 400 feet from the nearest manhole:. Steps will.not be permitted in manholes.. -- - - -_ XH ,1 Sewer grades will be designed from center of manhole to center of manhole. Minimum manhole width shall be 48 inches and the minimum opening 24 inches. Brick or block manholes will not be allowed except under special circumstances where it is not feasible to construct pre -cast manholes. Eccentric cones shall be used with openings over the upstream side of the manhole. Manholes shall be substantially watertight. Wherever possible, manholes shall be placed as shown in STD #405. Manholes shall not be located in the centerline of intersection. Wherever. possible, sewer lines shall be laid through the manhole with top removed after manhole is constructed. WATER Water Mains Minimum clearance between mains and the street surface shall be 36 inches. Shall be located as shown in STD 41335 -336. Minimum water main size shall be 8" except: 1. In normal gridded street patterns where two 8" looped mains in adjacent streets are to be connected, a 6" main may be used if the length is less than 350' and it will not have to support a fire hydrant. 2. For dead -end mains: a. Less than 150' long and serving less than 10 dwelling units - 4" b. Over 150' but less than 350' and serving less than 25 dwelling units - 6 ". C. Over 350' but less than •700' and serving less than 50 R -1 dwelling units - 8 ". (Triple valve at main). d. Over 700' but less than 1500' and serving less than 75 R -1 dwelling units - 10 ". (Triple valve at main & 250' maximum fire hydrant spacing). Only ductile iron & PVC water mains will be acceptable. -7- EXHIBIT "A" 0 0 PVC is not allowed for fire hydrant laterals and in sizes over 8 ". All water main pipe shall meet AWWA standards. Water services shall be sized to be adequate for maximum density allowable on specific lot. Sizes to be based on U.P.C. Meters shall not be larger than service. All water line construction shall meet State Health Department Standards. SURVEY Street Monuments Street monuments shall be set to reference street center lines at intersections, curves, and along the tract boundary as required by the City Engineer. Monuments shall be set no further apart than 500 feet along center lines and shall be shown on the final subdivision map. Boundary Monuments: Boundary monuments shall be set at all angle points marking the extremities of the subdivision and shall be set no further apart than 500 feet along boundary lines. Boundary monuments shall be of iron pipe, no smaller than 1 -1/2 inches in diameter, no shorter than 30 inches in length, capped and stamped with the land surveyor's or registered engineer's number, and indicated by a marker stake extending above the ground surface. Lot Stakes Lot stakes shall be constructed of 1/2 inch iron pipe at least 13 inches in length or a 2 x 2 wooden hub at least 12 inches in length painted white and tagged. All lot stakes shall be set at ground surface. White marker stakes shall be located immediately adjacent to corner prior approval from City Engineer. Alternative lot staking must receive E6�� "A'g 1 1 If a lot corner falls on concrete or rock, the corner shall be set by means of a lead plug and tagged. MISCELLANEOUS All concrete sidewalks shall be a full 4 inches thick. The minimum sidewalk width shall be 4 feet clear exclusive of the curb top. Minimum driveway thickness shall be 6 inches. All streets shall intersect at right angles and shall have at least 50 feet of center line tangent adjacent to the intersection and measured from the prolonga- tion of the cross street property line. Additional details of construction are included in Standard Details. z1 9 q►► RESOLUTION NO. 3828 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING A SPECIAL ALLOCATION OF GASOLINE TO SUPPORT POLY ROYAL CELEBRATION ON APRIL 27 AND 28, 1979 WHEREAS, the students of California Polytechnic State University annually hold their "Poly Royal" celebration, and WHEREAS, this celebration attracts more than 100 thousand people from all over California, and WHEREAS, this celebration is an important part of the educational program at the university and a crucial part of the tourism.program and economy of San Luis Obispo, and WHEREAS, this celebration occurs on.April 27 and 28, 1979, near the end of the month, and WHEREAS, gasoline retailers report that they will not have a sufficient supply at current allocation levels to service the Poly Royal visitors, and WHEREAS, this lack of gasoline is likely to cause severe economic hardship to San Luis Obispo and severe personal hardship to the thousands of visitors who might be stranded here, and THEREFORE, BE IT RESOLVED, that the City of San Luis Obispo faces a potential community hardship during Poly Royal, and that the City of San Luis Obispo, through the Chamber of Commerce, apply to the California State Office of Fuel Allocation for an additional supply of gasoline to be sold during Poly Royal. On motion of Councilman Jorgensen, seconded by Councilman Dunin, and on the following roll call vote:. AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None - - R 3828 Resolution No. 3828 (1979 Series) the foregoing Resolution was passed and adopted this 17th day of April, 1979. ATTEST: y Clerk J.H. Fitzpatrick Approved as to form: Approved as to content: City Attorney Ci y Ad 'nstra ive bfTicer RESOLUTION NO. 3827 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 798 LOCATED AT 501 SOUTH 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 tract 798 and the Planning Commission's recommendations, staff recom- mendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan and specific plan. 2. The design and improvements of the proposed subdivision are consistent with the general plan and specific plan. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not con - flict with easements, for access through or use of property within the proposed subdivision. SECTION 2. That the approval of the tentative map for tract 798 be subject to the following conditions: 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 tiie structures are located correctly prior to release of structures for occupancy. 3. All utilities shall be underground. 4. Subdivider shall install individually metered water service to each dwelling unit. Meters shall be clustered and be located at driveway frontage of units,be unobstructed, and -be to the approval of the Public Services Department. 5. Sewer and water mains shall be public and to city standards. Easements over the mains and access to mains shall be to the approval of the city engineer. 6. Subdivider shall pay water and sewer charges as determined by the city engineer prior to final map approval. 7. All private driveways shall be improved to standards approved by the city engineer. 8. Final map shall note entire site as a blanket utility easement acceptable to the utility companies and city engineer. 9. Subdivider shall install traffic control devices /signs on -site to the approval of the city engineer. lu. Alternative driveway entrance detail proposed by the subdivider dated . February 27, 1979 and revised by the city engineer is hereby accepted and approved. 11. Subdivision is granted full credit for subdivision park land dedication requirements. 12. Subdivider shall soundproof the interior of the dwelling units to a 45 db level consistent with the general plan noise element. R 3827 0 Tentative Map 798 0 (1979) 13. Subdivider shall install street trees along both street frontages consistent with the South Street Specific Plan, Tract 736 improvement plan, and to the approval of the Public Services Department. 14. Subdivider shall install landscaping and underground irrigation in the South Street parkway as approved by the City Council for Tracts 687 and 736. 15. Subdivider shall install 6' high masonry wall along the South Street frontage and 8' high masonry wall on tract boundary with Meadow Park as approved by the City Council for Tracts 687 and 736. 16. Final map shall be filed and recorded showing a one lot air -space condo- minium subdivision with no phasing. 17. All on -site driveways, nonstructural parking improvements.and utilities shall be installed as subdivision improvements. 18. Conditions, covenants and restrictions shall be approved by the City Attorney and Community Development Director prior to final map approval. CC &Rs shall contain the following provisions: a. Creation of a homeowners' association to enforce the CC &Rs and pro- vide for professional, perpetual maintenance of all common areas including landscaping, private courts, driveways, lighting, walls, fences and building exteriors in a first class condition,; homeowners' association shall maintain area between masonry wall along South Street and street curb face. b. Grant to the City of San Luis Obispo the right to maintain common area and building exteriors if the homeowners' association fails to perform, and assess the homeowners' association for expenses incurred; c. No parking on the site except in approved designated spaces; d. Grant to the City of San Luis Obispo the right to tow away vehicles, on a complaint basis, which are parked in unauthorized places; e. No outside storage of boats, campers, motorhomes and trailers nor long- term storage of inoperable vehicles; f. No outside storage by individual units except in designated storage. areas; g. No change in city- required provisions of CC &Rs without prior City Council approval. 19. Subdivider shall prepare and submit for approval of the Community Development Department staff a lighting plan for on -site areas and an addressing plan with directory boards to be installed at each entrance by the subdivider. On motion of Councilman Jorgensen, seconded by Councilman Bond, and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 17th day of April. 1979. . Tentative Map 798 ATTEST: C' C c Approved as to form: City Attorney KB:L 3/29/79 EO Approved as to content: City A v fficer 4COOL f1r)A h Ar unity D�w�'f�ine t Department Pity kwnneer (1979) I �i RESOLUTION NO.3826(1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE SOUTH STREET SPECIFIC PLAN WHEREAS, the Planning Commission and City Council have held public hearings on proposed amendment of the South Street Specific Plan, in accordance with the California Government Code; and WHEREAS, the City Council has received the recommendation of the Planning Commission; and WHEREAS, the City Council concurs with the determination of the Environmental Review Committee that the amendment will not have a significant affect on the environment and that a negative declaration be filed; IT IS THEREFORE RESOLVED. by the Council of the City of San Luis Obispo as follows: (1) The South Street Specific Plan is amended to designate as "private recreation" 0.8 acre previously shown as "multifamily," as shown in attached Exhibit A. (2) The Community Development Department shall see that this amendment is reflected in the official documents on file in that department and available to the public. (3) The adoption of this amendment shall take effect thirty days from the date of adoption of this resolution. R 3826 Resolution No. 3826 Page 2 On motion of Councilman Dunin , seconded by Councilwoman Billig, and on the following roll call.vote: AYES. Councilmembers`- Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES:' None ABSENT' None the foregoing resolution was passed and adopted this 1J.tmiay of April 1979. ATTEST: C' Clerk J. H. Fitzpatrick APPROVED AS TO FORM: George Thacher, City Attorney GM:vf 3 -27 -79 n APPROVED AS TO CONTENT: Le -land lton, y Administrative Officer 444rV4 &C.0000"10 Henry Engenj Communio Development Directov d RESOLUTION NO.3825 (1979 SERIES) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE SOUTH HIGUERA COMMERCE PARK SPECIFIC PLAN WHEREAS, the city planning staff prepared an initial environmental study. The purpose of the study was to determine Whether carrying out provisions of the South Higuera Commerce Park Specific Plan could have a significant effect on the environment; and WHEREAS, the Environmental Review Committee (ERC) (1) reviewed the project's initial study, (2) determined that the project may have "a significant effect on the environment, and (3) required that an Environmental Impact Report be prepared; and WHEREAS, the City of San Luis Obispo hired WESTEC Services Inc. as an environmental consultant to prepare the draft and final Environmental Impact Report; and WHEREAS, on February 28; 1979 the Planning Commission (1) reviewed the.draft EIR and received comments from the public; and (2) recom- mended that the City Council certify the project's EIR as adequate and consistent with city and state EIR guidelines; and WHEREAS, the Planning Commission and the Community Development Department has received several letters from government agencies and individuals which critique the draft Environmental Impact Report; and WHEREAS, the City's environmental consultant has prepared written responses to the comments received by the city and that these responses along with the draft EIR constitute the final Environmental Impact Report, NOW THEREFORE, the City Council resolves that the project EIR is certified as being (1) completed in compliance with the California Environmental Quality Act (CEQA) and state and city EIR guidelines; and (2) sufficient to describe environmental impacts of the South Higuera Commerce Park Specific Plan. . R 3825 j RESOLUTION NO. 3825 r� (1979 Series) On a motion of Councilman Jorgensen, seconded by Councilman Bond, and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 17th day of April 1979. ATTEST: Clerk J. H. Fitzpatrick Approved as to Form: City Attorney George Thacher Approved as to Content ommunity Development Department i Admin s ra i e Officer RESOLUTION NO. 3824 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT 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 a contract on behalf of the City for the following: PROJECT: SEWER LINE IMPROVEMENTS CITY PLAN NO.: C -16 ESTIMATE: $40,350.00 BUDGET ACCOUNT: 40- 7062 -733 BIDDER: Fred Julien & Assoc. BID AMOUNT: $39,923.50 subject to developer's contributions. 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 Mayor Cooper , and on the following roll call voter AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and 1979. ATTEST:' C' Jerk J.H. Fitzpatrick Approved as to form: this 17th day of April or tvnn R. Approved as to content: � 7��X/Zz, City Attorney George Thacher City Adminis native Officer Leland Walton Funds Available: for X--c- Muravez R 3824 RESOLUTION NO.3823 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT 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 a contract on behalf of the City for the following: PROJECT: WATERLINE IMPROVEMENT PROJECT ESTIMATE: $60,000.90 BIDDER: Fred Julien & Assoc. subject to receipt of developer's contribi SECTION 2. That the City Clerk is documents for signature by the successful CITY PLAN NO.: C -15 & C -17 BUDGET ACCOUNT: 40- 6362 -715 (C -15) 40- 6362 -715 (C -17) BID AMOUNT: $62,619.74 ition. directed to prepare the appropriate bidder and the Mayor. On motion of Councilwoman Billig seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 17th day of April , 1979. /-) ATTEST: C;4§?'Clerk J.H. Fitzpatrick Approved as to form: Approved as to content: City Attorney George Thacher drain strative Officer Leland Walton Funds for A.C. Muravez R 3823 RESOLUTION NO. 3822 (1979 Series). A RESOLUTION OF -.THE COUNCIL.OF',THE'CITY OF SAN'LUiS OBISPO AUTHORIZING A TRANSFER OF REVENUE SHARING AND 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 transfer of funds is authorized to provide for the acceptance of the bid for Conco Engineering for City Plan B -22, Marsh Street Storm Drain: Account No. Description Amount Revenue Sharing Fund (40) 30 -5062 7741 Marsh /Nipomo Storm Drain $120,000. CR. (40) 30- 5062 -747 Old Garden Creek Drainage 120,000. DR. Capital Improvements Fund (40) 40- 5062 -741 Marsh /Nipomo Storm Drain 110,000. DR. (40) 40- 5062 -747 Old Garden Creek Drainage 110,000. CR. On motion of Councilman Dunin . seconded by Councilman Bond , and on the following roll call `vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and 1919. ATTEST: Ci Clerk Patrick Approved as to form: City Attorney eorge'Thacher this 17th day of April . c;oover Approved as to content: City Adminis r t ve -Officer Leland Walton R 3822 i follows: RESOLUTION No. 3821 (1979 Series) A RESOLUTION ESTABLISHING SALARY RANGES FOR EMPLOYEE CLASSIFICATIONS, SPECIFYING METHODS OF ADVANCEMENT AND SUPERSEDING PREVIOUS SALARY RESOLUTIONS IN CONFLICT. BE IT RESOLVED by the Council of the City of San Luis Obispo as That all previous salary resolutions in conflict herewith are superseded and the following sections are enacted,ssections_.lc_arid:.2- .taking effect July 1, 1978, and sections 3 and 4 taking effect April 1, 1979: Section 1. Salary Ranges. The following salary ranges are adopted and applied to the various classes of positions indicated in Section 2 hereof. Each salary range consists of five steps (1 through 5). Steps 1 through.4 equal 95% of the next highest step, computed to the nearest two dollars (eg: $911.00 = $910 and $911.01 - $912). Step 5 of each successively higher range is 2.63% above the next lower range for each bargaining unit starting at range 6P for the Police Officers Association, 14F for the Firefighters Association and range 1 for the City Employees Association, computed to the nearest two dollars. To calculate hourly salary rates for 40 hour -a -week positions, divide the monthly rate by 173.33, the average number of working hours per month. For 56 -hour a week positions, divide the monthly rate by 242.666. RANGE 1 2 3 4 5 01 656.00 690.00 726.00 764.00 02 670.00 706.00 744.00 784..00 826.00 03 692.00 728.00 766.00 806.00 848.00 04 706.00 744.00 784.00 826.00 870.00 05 728.00 766.00 806.00 848.00 892.00,c:- 06 744.00 784.00 826.00 870.00 916,1 -ob� 06P .754.00 794.00 836.00 880.00 926.00 07 768.00 808.00 850.00 894.00 94000. 07P 774.00 814.00 856.00 902.00 950.00 08 784.00 826.00 870.00 916.00 964-.'0.0- -, 08P 794.00 836.00 880.00 926.00 974.00 09 808.00 850.00 894.00 940.00 - 990660: 09P 814.00 856.00 902.00 • 950.00 .. ;. =1000.0:.0: 10 828.00 872.00- - 7­918.06= -. 966.00 .: '.1016.;00. .� IOP 836.00 880.00 - °-926.00- 974400 ._ 1026 ;00:" R 3821 RESOLUTION RANGE No. 3821 1 2 3 4 (1979 Series) 5 11 850.00 894.00 940.00 990.00 1042.60 11P 856.UJ 902.00 950.00 luJu.0u 1052.J0 12 872.00 918.00 966.00 1016.00 1070.00 12P 880.00 926.00 974.00 1026.00 1080.00 13 894.00 942.00 992.00 1044.60 1J98.00 13P 902.00 950.00 1000.00 1052.00 1108.JJ 14 918.00 966.00 1016.00 1070.00 1126.00 14F 922.00 970.00 1020.00 1074.00 1130.00 14P 928.00 976.00 1028.00 1082.00 1138.00 15 942.00 992.00 1044.00 1098.00 1156.00 15F 944.00 994.60 1046.00 1102.OU 1160.00 15P 952.00 1002.00 1054.00 1110.00 1168.00 16 966.00 1016.00 1070.00 1126.00 1186.00 16F 970.00 1026.00 1074.00 1130.00 1190.00 16P 976.00 1028.00 1082.00 1138.00 1198.00 17 994.00 1046.00 1100.00 1158.00 1218.00 17F 994.00 1046.00 1102.00 1160.00 1222.00 17P 1002.00 1054.00 1110.00 1168.00 1230.00 18 1018.00 1072.00 1128.00 1188.00 1250.00 18F 1022.00 1076.00 1132.00 1192.00 1254.00 18P 1028.00 1082.00 1138.00 1198.00 1262.00 19 1046.00 1100.00 1158.00 1218.00 1282.00 19F 1046.00 1102.00 1160.00 1222.00 1286.00 19P 1056.00 1112.00 1170.00 1232.00 1296.00 20 1072.00 1128.00 1188.00 1250.00 1316.00 20F 1076.00 1132.00 1192.00 1254.00 1320.00 20P 1084.00 1140.00 1200.00 1264.00 1330.00 21 1100.00 1158.00 1218.00 1282.00 1350.00 21F 1102.OU 1160.00 1222.00 1286.00 1354.00 21P 1112.00 1170.00 1232.00 1296.00 1364.00 22 1128.00 1188.00 1250.00 1316.00 1386.00 22F 1132.00 1192.00 1254.00 1320.00 1390.00 22P 1140.00 1200.00 1264.00 1330.00 1400.00 23 1158.00 1218.00 1282.UU 1350.00 1422..00 23F 1160.00 1222.00 1286.00 1354.00 1426.00 23P 1170.00 1232.00 1296.00 1364.00 1436.00 24 1190.00 1252.00 1318.00 .1388.00 1460.00 24F 1192.00 1254.00 1320.00 1390.00 1464.00 24P 1200.00 1264.00 1330.00 1400.00 1474.00 25 1220.00 1284.00 1352.00 1424.00 1498.00 25F 1222.UO 1286.00 1354.00 1426.00 1502.00 25P 1232.00 1296.00 1364.00 1436.00 1512.00 26 1252.00 1318.00 1388.00 1462.00 1538.00 26F 1254.00 1323.00 1390.00 1464.00 1542.00 26P 1264.00 1330.00 1400.00 1474.00 1552.00 27 1286.00 1354.00 1426.OU 1500.00 1578.00 27F 1286.00 1354.00 1426.00 1502.00 1582.00 27P 1296.00 1364.00 1436.00 1512.00 1592.00 28 1320.00 1390.00 1464.00 1540.00 1020.00 28F 1320.00 1390.00 1464.00 1542.00 1624.00 28P 1330.00 1400.00 1474.00 1552.00 1634.00 29 1354.00 1426.00 1500.00 1578.00 1662.00 29F 1354.UJ 1426.00 1502.00 1582.00 1666.00 29P 1364.00 1436.00 1512.00 1592.00 1676.00 30 1390.00 1464.00 1540.00 1620.3U 1706.00 30F 139J.U0 1464.00 1542.00 1624.00 1710.00 30P 1400.00 1474.00 1552.00 1634.OU 1720.00 -2- Section 2. Titles and Ranges. The classes of positions shall each have the salary range shown opposite the title in this section. RANGE CODE TITLE 1 2 3 RESOLUTION No. 3821 02 114 CLERK TYPIST 1 (1979 Series) RANGE 1 2 3 4 5 31 1426.00 1500.00 1576.00 1662.OU 1750.00 31F 1426.00 1502.00 1582.00 1066.00 1754.00 31P 1438.00 1514.OU 1594.00 1678.00 1766.JJ 32 1464.00 1540.00 1620.00 1706.00 1796.00 32F 1464.00 1542.00 1624.00 1710.00 1800.00 32P 1476.00 1554.00 1636.00 1722.CO 1812.00 33 1502.00 1580.00 1664.UO 1752.00 1844.00 33F 1504.00 1584.00 1668.00 1756.00 1848.00 33P 1516.00 1596.00 1680.00 1768.00 1860.00 34 1540.00 1622.00 1738.00 1798.00 1892.00 34F 1544.00 1626.00 1712.00 1802.00 1896.OU 34P 1554.00 1636.00 1722.00 1812.00 1938.00 35 1580.00 1664.00 1752.00 1844.00 1942.00 35F 1584.00 1668.00 1756.00 1848.00 1946.OU 35P 1596.00 1680.00 1768..00 1860.00 1958.00 36 - 1624.00 1710.00 18U0.00 1894.00 1994.00 36F 1628.00 1714.OJ 1804.00 1898.00 1998.00 36P 1638.00 1724.00 1814.JJ 1910.00 2010.00 37 1666.00 1754.00 1846.00 1944.00 2046.00 37F 1670.00 1758.00 1850.00 1948.00 2050.UU 37P 1680.00 1768.00 1860.00 1958.00 2062.00 Section 2. Titles and Ranges. The classes of positions shall each have the salary range shown opposite the title in this section. RANGE CODE TITLE 1 2 3 4 5 02 114 CLERK TYPIST 1 670.00 706.00 744.00 784.00 826.03 06 115 CLERK TYPIST II 744.00 784.00 826.00 670.00 916.00 06 120 ACCOUNT CLERK 1 744.00 784.00 826.00 870.00 916.00 07 140 SECRETARY I 768.00 808.00 85U.00 894.CJ 940.GO 07 501 LABORER 768.00 808.00 850.00 894.00 94J.U0 07 505 GROUNDSWORKER APPRENTICE 768.UO 808.00 850.00 894.00 94J.00 07 510 PAINTER APPRENTICE 768.00 808.00 850.00 894.00 94U.60 07 521 TREE MA1NT WORKER (TRNE) 768.00 806.00 850.00 894.UU 546.00 07 540 UTILITIES .MAINT WKR(TRNE) 768.00 808.00 850.00 894.0J '740.00 07 604 WATER METEk nEPAIR (TRNE) 768.00 808.00 850.OU 894.UJ 940.U0 07 661 Mechanic Helper 768.00 808.00 850:00 894.00 940.00 07 529 Building Maintenance Worker (Trne)768.00 808.00 850.00 894.00 940.00 08 117 ADMIU SERVICES CLERK 784.00 826.00 870.00 916.OU S64.U0 08 121 ACCOUNT CLERK II 784.00 826.00 670.UU 916.00 564.0U 08 527 JANITOR 784.00 826.00 870.00 916.OU 964.JU 08 701 FIRE SERVICE TRAINEE 784.00 626.00 870.00 916.OJ liS4.vC) 09 141 SECRETARY .1I 838.00 850.UJ 894.OU 940.UU 99U..14J 09 506 GROUNDSWORKER I 808.00 850.00 894.00 940.00 99'0.OU C9 09P 131 COMMUNICATIONS TECHNICIAN I 814.00 856.00 902.00 950.UJ IUJU.00 09P 802 PARKING ENFU-RCEME,NT OFF 814.00 856.00 9U2.00 950.00 1JJJ.UO 09P 803 POLICE FIELD SERV TECH 814.00 8,6.00 902.00 9955p 1�0 p J 10 911 Human Relations Technician 828.00 8 2.00 918.00 10 . 10 18F 621 FIRE VEHICLE AECHANIC 20 543 UTILITIES MAINT LEADER 20 663 HEAVY EQUIPMENT MECH 20 672 RESOLUTION No. 3821 21 315 (1979 Series) 562 RANGE CODE TITLE 1 2 3 4 5 11 142 SECRETARY II1 850.00 894.00 940.00 990.00 1042.QU 11 531 STREET MAINT WORKER I 850.00 894.00 940.00 9(1).00 1042.00 11 541 UTILITIES MAINT .•:KR 1 850.00 894.00 940.00 990.00 1042.GO 11 908 Survey Party Trainee 850.00 894.00 940.00 990.00 1042.00 12 305 HUMAN RELATIONS ASSISTANT 872.00 918.00 966.00 1016.00 1070.00 12 507 GROUNDSWORKER 11 872.00 918.00 966.00 1016.00 107J.OJ 12 60.3 WATER METER READER 872.00 918.00 966.00 1016.0) 107J.JJ 12 702 FIRE PREVENTIGN TRAINEE 872.00 918..00 966.00 1016.00 1070.00 12 804 POLICE CRIME PREV COORD 872.00 918.00 966.00 1016.00 1070.00 13 145 LEGAL SECRETARY 894.00 942.00 992.00 1044.00 1098.JO 13 508 PARKS .MAINTENANCE wORKER 894.00 942.00 992.00 1044.(,0 1J96.00 13 522 TREE MAINT wORKER I 894.00 942.00 992.00 1044.UU 1096.00 13 530 STREET MAINT PAINTER 894.00 942.00 992.00 1044.UJ 1096.00 13 532 STREET MAINT WORKER I1 894.00 942.00 992.00 1044.00 1098.OU 14 205 ACCOUNTING TECHNICIAN 918.00 966.00 1016.00 1070.00 1126.00 14 542 UTILITIES .MAINT WKR II 918.00 966.00 1016.00 1070.00 1126.00 14 605 WATER .METER REPAIRER 918.UU 966.00 1016.00 1070.00 1126.00 14 608 PARKING METER REPAIRER 918.00 966.00 1016.00 1070.00 1126.00 14 641 4ATER SUPPLY OPER I 918.00 966.00 1016.00 1070..00 1126.00 L4 905 ADMINISTRATIVE AIDE 918.00 966.00 1016.OU 1J70.00 1126.00 14F 709 FIRE PREVENTION SPECIALST 922.00 970.00 1020.00 LU74.0J 1130.00 15 150 ADMINISTRATIVE SECTY 942.00 992.OU 1044.00 1098:00 1156.00 L5 523 TREE ,MAINT WORKER II 942.00 992.00 1044.00 1098.00 1156.00 15 525 SWIMMING POOL MAINT TECH 942.00 992.00 1044.00 1098.00 1156.00 15 610 HEAVY EQUIPMENT GPER 942.00 992.00 1044.00 1098.00 1156.0J 16 615 PAINTER 966.00 1016.00 1070.00 1126.UU 1166.00 16 671 UTILITY PLANT GPER I 966.00 1016.00 1070.00 1126.00 118b.00 17 528 BUILDING MAINT LEADER 994.00 1046.00 11JO.JO 1158.00 1218.00 18 207 STAFF VRITER 1018.00 1072.00 1128.GO 1188.00 1250.OU 18 208 PLANNIdG TECHNICIAN 1018.00 1072.00 1128.00 1188.00 1250.00 18 209 ?LANNING ENFORC. TECH 1018.00 1072.00 1128.OU 1188.00 1250.JO 18 215 ENGINEERING TECHNICIAN 1018.00 1072.00 1128.00 1188.00 1250.00 18 533 STREET ,M.AINIT LEADER 1018.00 1072.00 1128.00 1188.00 1250.00 18 642 WATER SUPPLY GPER 11 1018.00 1072.00 1128.00 1188.00 1250.00 18F 621 FIRE VEHICLE AECHANIC 20 543 UTILITIES MAINT LEADER 20 663 HEAVY EQUIPMENT MECH 20 672 UTILITY PLANT CePER II 21 315 RECREATION SUPERVISCR 21 562 PARKS MAINT SUPERVISOR 21F 705 FIREFIGHTER 22P 810 POLICE OFFICER 22P 815 POLICE OFFICER (F.T.O.) 22P 820 POLICE OFFICER IDET) 1022.00 1076.00 1132.00 1192.00 1254.00 1072.00 1128.00 1168.00 1250.00 1316.00 1072.00 1128.00 1188.00 1250.00 1316.00 1072.00 1128.00 1168.00 1250.00 1316.00 1100.00 1158.00 1216.00 1282.00 135J.00 1100.00 1158.00 1218.00 1282.00 135u.00 1102.00 1160.00 1222.00 1286.JU 1354.00 1140.UJ 1200.09 1264.00 1330.UJ 1400.00 1140.OJ 1200.00 1264.00 1330.00 1400.00 1140.U0 1200.00 1264.00 1330.UO 1400.00 -4- i RESOLUTION No. 3821 G (1979 Series) ,WGE • CODE TITLE 1 2 3 4 5 23F 707 FIRE ENGINEER 1160.00 1222.00 1286.00 1354.00 1426.00 23F 710 FIRE PREVENTION INSP 1160.00 1222.00 1286.OU 1354.00 1416.00 24 330 PLAN CHECK ENGINEER 1190.CO 1252.00 131b.JD 1368.00 146J.00 24 335 ENGINEERING ASSISTANT 1190.00 1252.00 1319.30 1363.JD 1460.00 24 350 PLANNING ASSISTANT 1190.DJ 1252.00 1318.00 1388.00 146J.00 24 643 RATER SUPPLY SUPERVISOR 1190.00 1252.00 1318.00 1388.00 146J.60 24 651 BUILDING INSPECTOR 1190.00 1252.00 1318.00 1388.00 1460.00 24 664 SUPV HEAVY EQUIP MECH 1190.00 1252.00 1318.00 1388.03 146J.JU 24 681 PUBLIC WORKS INSPECTOR 1190.00 1252.00 1318.00 1388.00 14bU.00 25P 825 POLICE SERGEANT 1 1232.00 1296.00 1364.00 1436.00 1512.00 26 336 ADMIN ASST /ENGR. 1252.00 1318.03 1388.00 1462.00 1538.00 26 337 AOMIN ASST /PUBLIC SEkV 1252.00 1318.00 1388.00 1462.00 1538.00 26 340 ACCOUNTANT 1252.00 1318.00 1388.00 1462.00 1538.60 26 544 UTILITIES MA1NT SUPV 1252.00 1318.00 1388.00 1462.OU 1538.00 26 673 UTILITY PLANT SUPV 1252.00 1318.00 1388.00 1462.00 1538.00 26 341 Budget Analyst 1252.00 1318.00 1388.00 1462.00 1538.00 27 563 BLDG & PARKS MAINT SUPT 1286.00 1354.00 L426.00 1500.00 1578.30 28F 713 FIRE PREV INSP /ARSON 28F 715 FIFE CAPTAIN 28F 720 FIRE CAPTAIN (TRAINING) 28P 830 PGLICE SERGEANT II 29 351 PLAigNING ASSOCIATE 30 405 CHIEF BUILDING INSPECTOR 31 352 SENIOR PLANNER 31 355 TECH SERV COORD. P.D. 31 360 ENGINEERING ASSOCIATE 1320.00 1390.00 1464.00 1542.00 1624.00 1320.00 1390.00 1464.00 1542.00 1o24.JG 1320.00 1390.00 1464.00 1542.OU 1624.00 1330. OD 1400.00 1354.00 1426.UJ 1390.00 1464.00 1426.00 1500. OU 1426.00 1500.00 1426.00 1500.00 1474.00 150J.00 1540.00 1578.00 1578.00 1576.UO 1552.00 1634. JU 1578.0) 1662.OJ 1620.OJ 1706.00 1662.00 175J.Ou 1662.0G 1750.U0- 1662.00 1750.00 32 415 STREET SUPERINTENDENT 1464.00 1540.00 1620.00 1706.00 1796.00 33F 725 FIRE BATTALION CHIEF 1504.OU 1584.00 1664.00 1756.03 1846.UO 33F 730 FIRE MARSHAL /GATT CHIEF 1504.00 1584.00 1668.00 1756.(10 1848.00 33P 340 POLICE LIEUTENANT 1516.00 1596.00 1680.00 1768.00 1860.00 34 425 UTILITIES ENGR /SUPT 1540.00 1622.00 1708.00 1798.00 1892.00 37P 850 POLICE CAPTAIN 1680.00 1768.00 1860.00 1958.00 2U62.00 Section 3. Rules Governing Step Increases. The following rules shall govern step increases for employees other than those specified in Section 4: (1) The first step is the minimum rate and shall normally be the hiring rate for the class. In cases where it is difficult to secure qualified personnel, or if a person of unusual qualifications is hired, the Administrative Officer may authorize hiring at any step. -5- RESOLUTION No. 3821 v O(1979 Series) (2) The second step is an incentive adjustment to encourage an employee to improve his work. An employee may be advanced to the second step following the completion of six months satisfactory service upon recommendation by his department head and the approval of the Administrative Officer. (3) The third step represents the middle value of the salary range and is the rate at which a fully qualified, experienced and ordinarily conscientious employee may expect to be paid after a reasonable period of satisfactory service. An employee may be advanced to the third step after completion of six months service at the second step, provided the.advancement is recommended by the department head and approved by the Administrative Officer. (4) The fourth step is to be awarded only in case of work which is well above average.for the class. An employee may be advanced to the fourth step after completion of one year of service at the third step provided the advancement is recommended by the department head and approved by the Administrative Officer. (5) The fifth step is intended An employee may be advanced two years service (one year at the fourth step provided justified in writing by the Administrative Officer. is a reward for outstanding performance. to the fifth step after completion of for - Pdli:ce 'Officers',. beginning ".level) the advancement is recommended and department head and approved by the (6) The above criteria for step increases apply except where other arrangements are authorized'at the time of appointment or promotion by the Administrative Officer. In applying the above rules, the next step shall be granted, other conditions having been met, on the following basis: (1) For those having an anniversary date on the 15th of the month or earlier, the increase shall be effective on the first of that month. (2) For those having an anniversary date on the 16th of the month or later, the increase 'shall be effective the first of the following month. Should the employee not be increased, it shall be the privilege of the department head and Administrative Officer to reconsider such increase at any time during the year. Section 4. Part =Time Employees. Employees working part -time in positions listed in Section 2 of this salary resolution shall be compensated at the hourly rate equivalent of the first step of their salary range. They may be advanced to step 2 after 1000 hours and step 3 after 2000 hours of satisfactory service upon the recommendation of the department head and approval of the Personnel Director. -6- • o RESOLUTION No. .3821 (1979 Series) The following salary schedule shall govern employees working in the listed job classifications. Employees with prior experience may start above the first step upon recommendation of the department head and approval of the Personnel Director. Where more than one rate exists, advancement to a higher rate is based on satisfactory performance of assigned duties plus the experience requested and the department head's recommendation. i!y =a # OF TITLE GRADE EXPERIENCE HOURLY RATE BUDGETED POSITIONS Crossing:Guard $2.90 10 Youth Corps worker 1 First summer 2.90 17 ** 2 Second summer 3.00 3 ** Drafting:Aide 1 First 500 hours 3.84 1 2 Over. 500 hours 4.27 3. Over 1000 hours 4.74 4 Over 1500 hours 5.27 5 Over 2000 hours 5.86 'Grade_ 5 equals the 5th step of range 10, Drafting Technician. Each lower step equals 90% of the next higher step. Planning Aide 1 First 500 hours 3.84 ..5 2 Over 500 hours 4.27 3 Over 1000 hours 4.74 4 Over 1500 hours 5:27' 5 Over 2000 hours 5.86 Grade 5 equals the 5th step of range 10, Drafting Technician. Each lower step equals 90% of the next higher step. Police Reserve Officer Court Duty and work 6..58 2.0 - - authorized-by Res. no. 3700 This rate equals the first step -of- Police Officer. Clerical Aide -.1 First 500 hours 3.12 .5 2 Over 500 hours 3.47 3 Over 1000 hours 3.85 4 Over 1500 hours 4.28 5 Over 2000 hours 4.77 ;.Grade 5 equals the 5th step of range 1, Clerk Typist I. Each lower step equals 90% of the next higher step.. Recreation Leader I 1 First 250 hours 2.90 2 Over 250 hours 3.05 3- Over 500 hours 3.25 Recreation Leader II 1 First 250 hours 3.50 2 Over 250 hours 3.65 3 Over 500 hours 3.85 =a * As required subject to available funding .* *Authorized for 3 months. -8- • O RESOLUTION No 3821 (1979 Series) # of TITLE GRADE EXPERIENCE HOURLY RATE BUDGETED POSITIONS Recreation Leader III 1 First 250 hours $4.10 2 Over 250 hours 4.30 3 Over 500 hours 4.50 . Lifeguard 1 First 250 hours 2.90 6 ** 2 Over 250 hours 3.05 3 Over 500 hours 3.25 Senior Lifeguard 1 First 250 hours 3.50 1 ** 2 Over 250 hours 3.65 3 Over 500 hours 3.85 Pool Manager 1 First.250 hours 4.10 1 ** 2 Over 250 hours 4.30 3 Over 500 hours 4.50 Firefighter Reservist 1 Upon completion of $100 /MONTH 9 indoctrination training program 2 Over one year at Grade 1 $175 /MONTH 3 Over one year at Grade 2 $250 /MONTH In additi6h, the following specialized duty time will be paid: Training 3.00/hr Response to fire or other 4.00/hr emergencies Parks Maintenance Aide 1 First 250 hours 3.00 1.3 2 Over 250 hours 3.25 3 Over 500 hours 3.50 * As required subject to available funding .* *Authorized for 3 months. -8- RESOLUTION No. 3821 V (1979.Series) On motion of Councilman Dunin seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 17th day of April 1979. ATTEST: Cit erk J.H. Fitzpatrick Approved as to form: City Attorney Approved as to content: Personnel Direc r RESOLUTION NO.. 3820 (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 -357 WHEREAS, the subdivider of Minor Subdivision 77 -357 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: SECTION 1. A 3 -month time extension for the filing of the final map for Minor Subdivision 77 -357 is hereby granted. Said extension expires on July 5, 1979. SECTION 2. The conditions of approval contained in Resolution no. 3537 are hereby incorporated into and made a part of this time extension. On motion of Councilman Billig, seconded by Councilman Jorgensen and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin and-Jorgensen NOES: None ABSENT: Mayor Cooper the foregoing resolution was passed and adopted this 17th day of April 1979. n Looyer ATTEST: n Ci <, J. H. Fitzpatrick R 3820 M MS 77 -357 - time extension for tentative tract map Page 2 Approved as to form: City Attorney, George �Thacher KD:L 4/3/79 3 Approved as to content: City mje& t ve cer, Leland Walton MV i Community DeveTo end Department sty n sneer, Wayne Peterson RESOLUTION NO. 3537 (1978 Series) RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO GRANTING APPROVAL OF A MASTER. DEVELOPMENT PLAN AND TENTATIVE MINOR SUBDIVISION NO. 77 -357 FOR PROPERTY AT 975 FOOTHILL BOULEVARD BE IT RESOLVED by the City Council of San Luis Obispo as follows: (A) That the Council, after consideration of the master plan and tentative map of minor subdivision 77 =357 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 -1 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 ease - ments for access through, or use of, property within the proposed subdi- vision. (B) That the master development plan is hereby approved and that the tentative map for minor subdivision 77 -357 is approved subject to the following con - ditions: (1) All new lot corners shall be staked by a registered civil engineer or licensed surveyor. (2) The final map shall note all areas subject-to inundation during a 100 -year storm and that all new bu'i'lding finish floor elevations shall be set at a minimum of.one foot above the 100 -year storm elevation or the buildings flood- proofed. (3) Subdivider shall pay water acreage and frontage fees as determined by,the city engineer for parcel C prior to final map approval., (4) 'Subdivider, shall dedicate 4 feet for public right -of -way across the street frontage of parcels A and B,if needed,to widen sidewalk to 10 feet. (5) Subdivider shall improve street frontage of parcel A and B by-adding 4 feet to existing sidewalk. the added sidewalk will be constructed to city standards. (6) A note shall be placed on the final map indicating that sufficient area for a 50 -foot radius cul -de -sac at the easterly end of Rou_geot Place will be offered for dedication to the city when parcel C is developed. (7) Provision shall be made to handle drainage from the Rougeot Place cul -de -sac through parcel C to an area of adequate disposal acceptable to the city engineer. (8) The final map shall show easements for storm drainage across parcel C as generally depicted on the tentative but subject to approval of,the city engineer. (9) The final map shall contain a note that drainage improvements and.structures . including off =site .improvements located on parcel C may be required at the time parcels are developed to the approval of the city engineer. R 3537. Cty Council ResolutionQ . 3537 �J Minor Subdivision No. 77 =357 Page 2 (10) Perpetual reciprocal easements for joint use of common parking and drive- ways by parcel A and B, shall be recorded with the final map as depicted by shaded areas on the tentative map.and subject to approval of the city attorney. On motion of Councilman Dunin ,.seconded by Councilman.Settle and on the following roll call voter AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES:' None ABSENT: None the foregoing resolution was passed and adopted this 4th day of April , 1978. ATTEST: s% J. H. FITZPATRICK City Clerk J.H. Fitzpatrick Approved as to: form- Wendt, Mitchell, Si'n heimer, de la Motte & U lley City Attorney By Allen Grimes sl K:NNETH E. SCHWARTZ Mayor Kenneth E. Schwartz Approved as to.content: 'City Engineer RESOLUTION NO. 3819 (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO: (1) GRANTING ADDITIONAL TIME TO FILE FINAL MAP FOR TRACT 718; AND (2) ADDING A CONDITION TO THOSE CONTAINED IN RESOLUTION 3555 AS AMENDED WHEREAS, the developer of Tract 718 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; and WHEREAS, the City Council with Planning Commission recommendations determined that final map shall note a new street name as a condition of approval, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. A time extension for the filing of the final map of Tract no. 718 is hereby granted. Said extension expires on November 2, 1979. SECTION 2. The conditions of development contained in Resolution no. 3555 are amended by the revision of condition #4 and addition of a condition #21 as follows: Revised Condition #4: All utilities shall be underground, including the subdivider contributing a proportionate share of cost (not to exceed $5,000 as determined by the city engineer) of undergrounding existing utility line adjacent to Los Osos Valley Road. Added Condition #21: Final map shall note a new street name of "La Virada" for the short section of street between Laguna Lane and Vista Del Lago. On motion of Councilman Dunin, seconded by Councilman Bond, and on the following roll call vote: AYES: Councilmen Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None R 3819 G Tract 718 time extension Page 2 The foregoing resolution was passed and 1.979. ATTEST: � `- J. H. Fitzpatrick Approved as to form: City Attorney KB:L 4/3/79 is 17th day of April, Approved as to ontent LN4YLIO) Ox 4 0Z v f icer Community Development epartment /City IC ineer RESOLUTION NO. 3555 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT MAP NO. 718, LOCATED AT 1301 LAGUNA.LANE. 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 Tract 718 and the Planning Commission's recommendations, staff recommendations, and reports thereon, makes the following findings: (1) The tentative map is consistent with the general plan. (2) The design and improvements of the proposed subdivision are consistent . with the general plan. (3) The site is physically suitable for the type of development proposed. (4) The site is physically suitable for the proposed density of development. (5) The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat:. (6) The design of the subdivision or the type -of improvements are not likely to cause public health problems. (7) The design of the subdivision or the type of improvements will not con- flict with easements for access through or use of property within the proposed subdivision. SECTION 2. That the approval of the tentative map for Tract 718 be subject to the following conditions: (1) All tract corners and lot corners shall be set to city standards and certified located correctly by a registered civil engineer or land surveyor prior to construction. (2) Final map shall note all areas below 126' elevation are "subject to innundation," and lowest finish floor elevations allowed shall be 127' elevation. (3) Final map shall show southeasterly tract boundary adjusted to conform with property line approved by Parcel Map No. 78 -28. (4) All utilities shall be underground. (5) Subdivider shall pay water acreage and frontage charges as determined by the city engineer. (6) Subdivider shall install individually metered water service to each lot. Meters shall be located at frontage of each lot, be unobstructed, and be to the approval of the public services director. (7) Individual water and sewer services shall be provided to each lot_ All wafter and sewer mains shall be public. Easements over the mains and access to mains. on pri- vate property shall be required to the approval of -the city engineer. (8) Existing well on site shall be capped to the satisfaction of the chief building official. (9) Subdivider shall abandon a portion of existing 8 -inch diameter sewer main and easement running through the easterly portion of site prior to build- ing construction to the approval of the city engineer. (10) Subdivider shall pay sewer charges as determined by the city engineer. (11) Final plans shall indicate trees to be removed and trees to remain. (12) Subdivider shall soundproof the interior of the dwelling units to a 45 db level consistent with the general plan noise element. DS:ktm R 3555 4/21/78 . V Resolution No. 3555 (1978 Series) Tentative Map, Tract 718 (13) Conditions, covenants and restrictions shall be approved by the city attorney and community development director prior to final map approval. CC & R's shall contain the following provisions: (a) Creation of a homeowners' association to enforce the CC & R's and provide for professional, perpetual maintenance of all common areas including landscaping, private courts, driveways, lighting, walls, fences, etc., in first class condition; homeowners' association shall maintain area between masonry wall along Los Osos Valley Road and sidewalk; (b) Grant to the City of San Luis Obispo the right to compend performance if the homeowners' association fails to perform and assess the homeowners' association for expenses incurred; (c) No parking in private courts and driveways except in approved designated spaces; (d) Grant to the City of San Luis Obispo the right to tow away vehicles on a complaint basis, which are parked in unauthorized places; (e) No outside storage -of boats; campers, motor homes, trailers or inoperable vehicles; (f) No unscreened outside storage by individual units; (g) No change in city required provisions of CC & R's without prior .City Council approval. (14) Subdivider shall install automatic door openers on all garage doors. (15) Subdivider shall install a solid 6 -foot high masonry wall along tract frontage of Los Osos Valley Road and tract boundary of junior high school Location and design shall be to the approval of the community development director. (16) Subdivider shall install street lights on public streets to city and utility company standards. Subdivider shall prepare and submit for approval of the community development director a lighting plan for private areas. (17) All private streets (courts) shall be improved to standards approved by the city engineer. (18) Subdivider shall dedicate and improve to city standards Laguna Lane and Vista Del Lago Streets to the approval of the city engineer. (19) A grading plan, drainage plan and hydrology study shall be prepared and submitted for review and approval by the city engineer prior to final map approval. (20) Subdivider shall dedicate Lot 86 to the city. The 0.25 acre mini -park a part of Lot 86 shall be fully improved and landscaped to the approval of city staff. Dedication and improvements shall meet full park dedication and improvement requirements. On motion of Councilman Jorgensen , seconded by Councilman Settle , and on the following roll call vote: DS:ktm 4/21/78 '2- Resolution No. 3555 Tentative Map Tract 718 AYES: Councilmen Jorgensen, Settle and Mayor Schwartz NOES: Councilman Dunin ABSENT: Councilman Petterson the foregoing resolution was passed and adopted this 2nd ATTEST: ,Wty lei J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILY City Attorney ff By Allen Grimes DS:ktm 4/21/78 (1978 Series) day of May 1978. Approved as to content: -3- RESOLUTION NO. 3818 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND BOBBY KOBER FOR EXTENSION OF GOLF PROFESSIONAL AGREEMENT TO SEPTEMBER 30, 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 extension of Golf Professional Agreement to September 30, 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, Personnel Director, and Finance Director. On motion of Councilman Jorgensen , seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of April , 1979. ATTEST: C' Clerk J.H. Fitzpatrick R 3818 0 0 Approved as to form: Approved as to content: L/ 10111e City Attorney City A in st ati - Officer "recto (51 Parks & Recreation ,4�'le Personnel Vector Fi c for Q AMENDMENT EXTENDING AGREEMENT GOLF PROFESSIONAL The undersigned parties to the agreement dated March 16, 1977, and extended through March 31, 1979, between the City of San Luis Obispo and Bobby.Kober, a copy of which is on file in the office of the City Clerk, hereby agree as follows: 1. Said agreement shall be extended through September 30, 1979. 2. The compensation rate established in Paragraph 2(a) of said agreement shall be amended to $900,00 per month during the term of this extension. 3. Bobby Kober shall be allowed to participate in the City's health care program for himself and his dependents at his own expense. 4: 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 _17th . day of April 1979- Golf Professional 1-tet & -i Bobby Kober City of San Luis Obispo Attest: e�i�'iVi19 61; C9BPsR - -- sJ.H. FITZPATRICK _ Mayor Lynn R. Cooper City Clerk J. H. Fitzpatrick, c Approved.as to form: City Attorney Approved as to content: 1.1 C'i.t i "strative Officer Direor of Parks &- Recreation RESOLUTION NO. 3817 (19 79 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND BOBBY KOBER FOR OPERATION OF THE GOLF COURSE CONCESSION. THROUGH SEPTEMBER 30, 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 operation of Laguna Lake Golf Course as concessionaire through September 30, 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, Director of Public Services, Finance Director. On motion of Councilman Jorgensen and on the following roll call vote: seconded by Councilman Bond , AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: Done the foregoing Resolution was passed and adopted this 17th day of April , 19 79. ATTEST: FORP'F- Clerk J.H. Fitzpatrick R 3817 C Approved as to form: City-Attorney 0 Approved as to content: City Administrative Officer 3.r ctor o Parks & Recreation Director of Public Services ctor SAN LUIS OBISPO'CITY GOLF COURSE CONCESSION AGREEMENT THIS AGREEMENT, dated April 1, 1979, for the convenience of the parties hereto, is'by and between THE CITY OF SAN LUIS OBIPSO, a municpal.corporation (hereinafter "City "), and. BOBBY KOBER, a PGA professional (hereinafter "Concessionaire").. WITNESSETH• WHEREAS, City is the owner of Laguna Lake Golf Course; and WHEREAS, City desires to care for, maintain, develop, operate and control said golf course; and WHEREAS,.City desires to grant concessions in and upon said golf course consistent with the use thereof for. recreation purposes; NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements herein contained, the City and Concessionaire hereby mutually covenant and agree as follows: 1. Grant and Description of Premises; The City, for and in consideration of the agreements hereinafter stated, grants to Concessionaire the non - exclusive rights.and privileges to maintain and operate a golf - related concession within the golf course. No concession rights expressed or implied, other than those expressly given in t.his agreement are granted, and any other concession rights are hereby denied Concessionaire under this agreement. Z. Condition* o:f Premises: The taking of possession of the subject premises by Concessionaire: shall, in itself, constitute acknowledgment that the subject premises are in good and tenantable condition. Concessionaire agrees to accept said -premises in their presently existing condition, "as is "; and that the City shall not be obligated to make any alterations or additions. 4/11/79 0 0 3. Term: The term of this agreement shall commence on the first day of March, 1979, and terminate on the 31st day of March, 1980. At the expiration or termination of this agreement as herein provided, Concessionaire shall remove from said premises or otherwise dispose of in a manner satisfactory to the City all personal property belonging to Concessionaire located on said premises. Should Concessionaire fail to remove or dispose of his property as herein provided, the City may, at its election, con- sider such property abandoned or may dispose of same at Concession - aire's expense. 4.. Auditing: Concessionaire shall maintain such records and accounts as the Finance Director shall require. Concessionaire shall, at his own sole expense, have his records and accounts audited annually by an independent accountant and shall present said audit to the Office of the Finance Director within thirty (30) days after the completion of the audit. City may-make its own audit of Concessionaire'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 sales tax records; and Concessionaire hereby agrees that all such records and instruments are available to the City. All federal tax returns of Concessionaire insofar as this concession are concerned shall also be made available to the Finance Director for checking purposes. Concessionaire ag -rees that as part of his record- keeping activity he shall at his own cost and expense install and maintain such cash register equipment as may deemed necessary by the City. Such cash register equipment shall contain a continuous registering tape. The term "gross receipts" whenever used in this agreement is intended to and shall mean all monies, property or any other thing of value received by Concessionaire through the operation of said concession, or from any other business carried on.or upon said premises or any portion thereof, or from any other use -2- 0 0 of said premises or any portion thereof by Concessionaire, without any deduction or deductions.; it being understood, however, that the term "gross receipts" shall not include any sales or excise taxes imposed by any governmental entity and collected by Con- cessionaire. The Concessionaire agrees to pay to the City, once a month, thirty (30) percent of all gross receipts derived from rental of driving range balls. The Concessionaire further agrees to pay to the City,-once a month, five (5) percent of all gross receipts from sales of food and beverages,_ golf rentals and all golf merchandise. The Concessionaire will receive all income from golf lessons except as otherwise indicated in this agreement. Fees charged by golf pro subject to approval by City. 5. Use of Premises: The subject premises shall be used by the Concessionaire for the furnishing and equipping of a golf - related concession and other related services,to wit: a. Furnish and install at his own expense in the pro -shop, all necessary furniture, furnishings and equipment required for the proper service to the general public. b. Maintain for sale and rental in the pro -shop an adequate and reasonable stock of golf clothing, golf clubs, golf supplies and equipment. c. Maintain for sale in the pro -shop an adequate and reasonable supply of packaged snacks, candy, soda pop and prepared coffee to reasonably meet the demands of the public patronizing the golf course, d. Provide and maintain for rental hand carts in sufficient number to reasonably meet the demands of the public patronizing the golf course. The storage and service thereof shall be in an area approved by the Director of Parks & Recreation.. e. Give instructions in and teach golf. Concession- aire shall have the use of the driving range and practice -3- o tee for'the teaching or imparting of instruction in the game of golf, as long as driving range property is available to the City. Concessionaire shall pur- chase all necessary range balls for rentals. f.. Make available to the Recreation Department, the driving range and practice green on a scheduled basis determined by PGA Pro and Director and not to exceed ten (10) hours per week for the purpose of conducting beginning group golf lessons sponsored by the Recreation Department. g. Operate the pro -shop and golf driving range in a businesslike manner and to the satisfaction of the Director. h. Be solely responsible for complete janitorial services and the furnishing of janitorial supplies, lamps, and tubes for the proper maintenance of the pro -shop and snack bar. i. Be responsible for all activity on the golf course including the enforcement of such rules and regulations relating to the conduct of patrons on the golf course, as may be adopted by the City. j. Collect green fees and all other fees as set by the City. All fees collected shall be kept separate and apart from any other monies collected or kept by the Concessionaire. The fees shall be accounted for and shall be transferred to the City in such manner and at such times as the Director may from time to time provide. City will provide its own cash register for the fees so collected. The Concessionaire shall have the right and duty to manage, operate and control all of said activities and to do all things necessary in the exercise of such management, operation and control subject to the terms and conditions of this agreement. Concessionaire -4- shall operate and maintain the premises and facilities together with the non - exclusive right to use the parking lot. Concessionaire shall operate the concession facilities in accordance with the regulations and policies of the Director of Parks and Recreation, and in accordance with the terms and conditions set forth in this agreement.. Concessionaire shall not use or permit.the subject premises to be used in whole or in.part, during the term of this agreement for any purpose other than as set forth, without the prior- written consent of the City. Concessionaire expressly agrees at all times during the term of this agreement,at his own cost and expense, to maintain and operate such.premises and areas adjacent, in a clean, safe, wholesome and sanitary condition, free of trash, garbage or obstruction of any kind, and in compli- ance with any and all present and future laws, rules, or :regulations of any governmental authority, now or at any time during the term of this agreement in force, relating to sanitation or public health, safety or welfare; and Concessionaire shall at all times faithfully obey and comply with all laws, rules and regulations of federal, state, county or other governmental bodies or depart- ments or officers thereof. Concessionaire shall notify the Director of Parks and Recreation without delay any defective, dangerous or unsanitary conditions. Concessionaire will meet once each:month with the Laguna Lake Golf Course Advisory Committee to discuss matters pertaining to the maintenance of the golf course and the operation of the concession. The Laguna Lake Golf Course Advisory Committee will be appointed by the Park and Recreation Commission and meet on a regular day and hour each month, the day and hour being mutually agreed to by the Concessionaire and Director. The Laguna Lake Golf Course Advisory Committee will be comprised as follows: =5= 9 O O 1. The Director of Parks and Recreation or his assignee 2. The.golf course concession manager 3. The supervisors of golf course maintenance or his assignee 4. One member of the Park and Recreation Commission 5. Current President of the Laguna Lake.Golf Course Ladies Club 6. Member at large 7. Member at large 8. Member at large The last five named committee members will be voting members should recommendations from this advisory committee be forwarded to higher City authority. Concessionaire enters into this agreement solely and ex- elusively as an independent contractor Arid only in that capacity and not as a partner, employee or other agent of the City. All services performed by Concessionaire relating to operation and management of the course in combination with collection of fees and payment of.the percentages set forth herein are tendered as consideration supporting this agreement. All advertising matter to be published or circulated by or on behalf of Concessionaire shall be submitted to and approved by the City, namely the Park and Recreation Ddpartment, prior to publication or circulation. 6. Assignments: Except as expressly provided elsewhere in this agreement, no transfer or assignment by Concessionaire of this agreement or of any part thereof or interest therein; directly or indirectly, voluntarily or involuntarily, shall be made unless such transfer or assignment is first approved in writing by the City. 74 Title to Improvements: Concessionaire hereby acknowledges the existing ownership of City in and to all real property in the area and hereby covenants and agrees never to assail, contest or resist said ownership. o o 8. Construction or Modification of Improvements: Con- cessionaire may construct or modify with the approval of the City Park and Recreation Department, concession improvements. Such construction or modification shall be without cost to the City.. Upon completion of each new improvement, Concessionaire shall file with the City a Notice of Completion and will submit verified cost statements accompanied by substantiating invoices and bills of labor, material or other construction costs for the City's appraisal of improvements to which the Notice of Completion relates. In the event that construction, modification or addition to concession improvements is desired, the approval, in writing, of the City shall first be obtained prior to such construction, modification, or addition. Additionally, plans and specifications for such changes shall be submitted to the City for approval. 9. Completion of Improvements: Upon approval of and in accordance with the working drawings, plans and specifications as prepared and submitted by Concessionaire to City for approval, Concessionaire shall,immediately commence construction of the facilities described and prosecute the same to completion with all due diligence, provided that such time for completion will be extended by a fair and reasonable period on account of any delay due to fire, earthquake, wars, strikes or other calamity beyond the control of Concessionaire. Concessionaire, at his own expense, shall completely equip the concession improvements described herein and shall keep the same equipped in a first -class manner and to the satisfaction of the Director of Parks and Recreation, throughout the term of this agreement. i0. ownership of Improvements: Title to improvements on the premises at the commencement of this agreement is retained by the City, and this agreement is subject to any rights of ownership in the improvements. -7- All improvements constructed on the premises by Con- cessionaire as permitted by this agreement shall be owned by Concessionaire until expiration of the termor sooner termination of this agreement. Concessionaire shall not, however, remove any improvements from the premises nor waste, destroy, or modify any improvements on the premises, except as permitted by this agreement. The parties covenant for themselves and all persons claiming under them that the improvements are real property. All improvements on the premises at the expiration of the term or sooner termination of this agreement shall, without compensation to Concessionaire, become City's property free and clear of all claims to or against them by Concessionaire or any third person, and Concessionaire shall defend and indemnify City against all liability and loss arising from such claims or from City's exercise of the rights conferred by this paragraph. 11. Maintenance and Use of Improvements: Concession- aire agrees to maintain any and all concession facilities on the subject premises in good order and repair, at his own cost and expense, during the entire term of this agreement. Concessionaire will be responsible for the maintenance of pro -shop and snack bar. City will be responsible for the maintenance of all outdoor portions of said pro -shop, restrooms and the exterior and structural maintenance of said building. Concessionaire shall perform at his own cost and expense, any required maintenance and repairs, and should Concessionaire fail, neglect or.refuse to do so, the City shall have the right to perform such maintenance or repairs for the Concessionaire's account, and the Concessionaire agrees to promptly reimburse the City for the cost thereof, provided however, that the City shall first give Concessionaire ten (10) days written notice of its intention to perform such maintenance or repairs for the Conces- sionaire's account for the purpose of enabling Concessionaire to proceed with such maintenance or repairs at his own expense. Concessionaire hereby expressly waives the right to make repairs at the expense of the City. W :M Concessionaire may employ, pay and supervise maintenance, personnel to look after the concession. Maintenance personnel shall be responsible to Concessionaire and cooperate with City personnel. All.of Concessionaire's personnel shall be of good moral character and shall be physically able,to handle their duties and must be promptly replaced when derelict in their duties. There shall be no drinking of liquor, or other alcoholic beverages in or around the area by Concessionaire's employees except as authorized by Director. Concessionaire shall, at all times and at his own expense do all things reasonably necessary to protect the facilities used by Concessionaire and does hereby volunteer the services of his employees in that behalf. The City also reserves the right.to do any and all work of any nature necessary for preservation, maintenance and opera- tion of the golf course and driving range, in any areas within the confines of said golf course Concessionaire shall be given reasonable notice when such work.may become necessary and will adjust concession operations in such a manner that the City may proceed expeditiously. The City reserves the.right to grant, with respect to said premises, easements, rights -of -way, licenses and permits. It is understood and agreed that Concessionaire's services shall be provided during hours and days to meet-the needs of the public. The City reserves the right to set the hours and days of operation should they be excessive or in- adequate, whichever the case may be. Concessionaire shall keep said concession open every day, including Sundays and holidays, except Christmas, during the term of this agreement unless otherwise agreed to by Director. 12. Utilities and Services: The City may, in its discretion, provide garbage and trash removal, as well as other utilities, 'including telephone, but not toll calls, to the extent that City facilities and manpower at the golf course permit. 9- 13. Equipment: Concessionaire, at his own expense, shall completely equip the concession improvements described herein and shall keep the same equipped in a first -class manner throughout the term of this agreement. 14. Signs and Approval of Name: No signs, names or placards shall be inscribed, painted or affixed upon said premises without written consent of the City Parks and Recreation Department. 15. Quality of Service and Control of Rates and Charges: Concessionaire agrees that he will operate and manage the services and facilities offered in a first -class manner and comparable to other first -class concessions providing similar facilities and services during the entire term of this agreement. The City shall have access to, and the right to inspect the schedule of prices and rates for goods sold or services rendered or performed upon the subject premises. If the City determines that any price or prices are unreasonable or inappro- priate for the services rendered, or the item sold, the same shall be modified as directed by the City; provided that Con- cessionaire prior to such modification shall be given a reasonable opportunity to confer with City and justify such prices. The City reserves the right to prohibit the sale or rental of any item which it deems objectionable or beyond the scope of merchandise deemed necessary for proper service to the public. A competent employee shall be on the premises at all times while the concession is in operation. Concessionaire agrees that he shall and will furnish and maintain a high standard of service at least equal to that of other establishments in similar communities and to those prevailing in such areas for similar products and services. Concessionaire shall post rates and prices for all rentals and services in such places as may be designated by the City. 16. Closure: At any time should an occurrence necessitate the.closing of the golf course to the general public, the Con- cessionaire shall have no recourse by law to the City for losses incurred. -10- 0 0 17. Hold Harmless Agreement: Concessionaire hereby Agrees to defend, indemnify and save harmless the City of San Luis Obispo, its officers, agents and employees in any and every way from any and all manner- of damages, charges, suits and expenses which they may sustain or be put to by reason of Concessionaire's occupancy or use of the premises, or any activity carried on by Concessionaire in connection therewith. 18. Liability Insurance: Concessionaire agrees to obtain and keep in force during the term of this agreement, at Concessionaire's expense, worker's compensation and public liability and property damage insurance in.companies authorized to issue such insurance in the State of California. Said insurance policies shall consist of the following: a. Worker's Compensation and Employer's Liability Insurance: Concessionaire shall maintain in full force and effect, for the period covered by this agreement, full Worker's Compensation and Employer's Liability Insurance with limits of at least STATUTORY with an insurance carrier satisfactory to the City. In the event Concessionaire is self - insured, he shall.furnish a Certificate of Permission to Self- Insure signed by the Department of Industrial Relations Administration of Self- Insurance, Sacramento, California. b. Liability Insurance: Concessionaire shall main- tain in full force and effect, for the period covered by this agreement, bodily injury, personal injury, including death resulting therefrom, and property damage insurance with an insurance carrier satisfactory to the City. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence occuring in or about the premises which are subject to this agreement, or resulting from Concessionaire's operations, -11- 0 0 or from Concessionaire's use of owned or non -owned automobiles. The amounts of insurance shall not be. less than the following: Single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage or a combination of both - $500,000.00. The following endorsements must be attached to the policy: (1) If the insurance policy covers on an "accident" basis, it must be changed to "occurrence ". (2) The policy must cover personal injury as well as bodily injury. (3) The policy must cover complete contractual liability. Exclusions of contractual liability as to bodily injuries, personal injuries and property damage must be eliminated from the basic policy and endorsements. (4) Broad form property damage liability must be afforded. (5) The City of San Luis Obispo, its officers, employees and agents, shall be named insured under the policy, and the policy shall stipulate that this insurance will operate as primary insurance and that no other insurance effected by the City or other named insureds will be called upon to contribute to a loss covered thereunder. c. The following requirements apply to all liability insurance to be provided by concessionaire: (1) A certified copy of each policy and a certificate of insurance shall be furnished City within twenty (20) days after execution of this agreement. A certificate alone is not acceptable. -12- (2) Certificates and policies shall state that the policy shall not be cancelled or reduced in coverage without thirty (30) days written notice to.City. Ten (10) days notice is not acceptable, except in connection with Worker's Compensation Insurance. (3) Insurance required shall be placed in a company or companies acceptable to City and shall have a policyholders surplus of at least ten (10) times the amount or limit of liability afforded by the insurance company. (4) Approval of the insurance by the City shall not relieve or decrease the extent to which the Con cessionaire or any sublessee may be held respon- sible for payment of damages resulting from its operation. d. If Concessionaire does not keep insurance required by this agreement in full force and effect at all times during the term hereof, this agreement shall immediately and automatically terminate, and all rights and privileges granted hereunder to Concessionaire shall be extinguished - thereby. It is expressly understood that no notice by the City is required to effect the termination specified. herein. 19. Taxes: Concessionaire agrees to pay all lawful taxes, assessments or charges which at any time may be levied by the state, county, city or any tax or assessment levying body upon any interest in this agreement of any possessory right which Con- cessionaire may have in or to the premises covered hereby or the improvements thereon by reason of its use or occupancy thereof or otherwise as well as all taxes, assessments and charges on goods, merchandise, fixtures, appliances, equipment and property owned by it in or about said premises. Concessionaire shall and does hereby assume responsibility for payment of any and all licenses applicable to.his operation on said premises. -13- C 20. Inspection of Premises: Concessionaire agrees that the City, acting through its authorized agents and employees, shall have the right to enter upon the premises at any reasonable time to inspect the same. 21. Inspection and Maintenance: The -City reserves the right of ingress and egress to inspect, investigate and survey said premises as deemed necessary by the City, and the right to do any and all work of any nature for the preservation, mainten- ance and operation of the golf course in any areas within the confines of said golf course. Concessionaire shall be given reasonable notice when such work may become necessary and will adjust concession operations in such a manner that the City may proceed expeditiously. 22. Contract Notice: Any notices herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, postage prepaid and addressed as follows: Concessionaire: Bobby Kober 903 East McElhany Santa Maria, CA 93454 City: Department of Parks & Recreation City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 The address to which the notice shall or may be mailed as aforesaid by either party shall or may be changed by written notice given by such party to the other as thereinbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal service. 23. Interpretation of Agreement: This!agreement is made under and is subject to the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance. 24. Waiver of Terms of Agreement: No waiver by City at any time of any of the terms, conditions or covenants of this agreement shall be deemed as a waiver at any time thereafter -14- O O of the same of of any other term, condition or covenant herein contained, nor of the strict and prompt performance thereof. No delay, failure or omission of the City to re -enter the premises or to exercise any right, power or privilege or option arising from any default, nor any subsequent acceptance of "gross receipts" then or thereafter accrued shall impair any such right, power, privilege or option or be construed as a waiver of such default or a relinquishment of any right or acquiescence therein. No notice to Concessionaire shall be required to restore or revive time as of the essence after the waiver by the City of any default. No option, right, power, remedy or privilege of the City shall be construed as being exhausted by the exercise thereof in one or more instances. The rights., powers, options, and remedies given to the City by this agreement shall be deemed cumulative. 25. Modification of Agreement: Notwithstanding any of the provisions of this agreement, the parties may hereafter, by mutual written consent, agree to modifications thereof or additions thereto in writing which are not forbidden by law. The City shall have the right to grant reasonable extensions of time to Concessionaire for any purpose or for the performance of any obligation of Concessionaire hereunder. 26. Breach of Contract: This agreement is made upon the condition that, if the "gross receipts" or other sums which Concessionaire herein agrees to pay or any part thereof shall be unpaid on the date on which the same shall become due, or if default be made in any of the terms, agreements, conditions or covenants herein contained on the part of the Concessionaire, or should Concessionaire become insolvent, or bankrupt, either voluntarily or involuntarily, then, and in such event at the option of the City, this agreement shall cease and terminate; and the City may enter upon the premises. Concessionaire's interest hereunder shall not be assignable in bankruptcy. -15- 27. Assignments and Sub - lease: a. Concessionaire shall neither assign, sub- lease or otherwise convey any interest in any sort granted by this agreement to any person or persons, entity or entities whatsoever without prior written consent and approval of the City. Any document by which an interest is granted, subject to the approval of the City shall indicate that the person acquiring that interest has been advised of the terms of this agreement and takes his interest subject to the terms and conditions in this agreement, and recognizes that upon termination of the interest of Concessionaire granted by this agreement, his interest shall also be terminated. However, in the event of termination of this agreement, the City at its sole option, may elect to treat any assignee, sub - tenant, or holder of an interest conveyed by Concessionaire as the City's tenant, subject to the terms and conditions of this agreement and that entered into between the assignees, sub - tenant or holder of an interest conveyed by Con- cessionaire. b. If Concessionaire be a partnership, a with- drawal or change, voluntary, involuntary, by operation of law, or otherwise, of any of the partners thereof, or if Concessionaire be composed of more than one person, a purported assignment or transfer, voluntary or in- voluntary, by operation of law, or otherwise, from one thereof unto the other or others thereof, or if Con - cessionaire be a corporation, a change in the ownership (voluntary, involuntary, or by operation of law, or otherwise) of fifty -one percent (51 %) or more of the capital stock as owned as of the date of execution hereof, shall be deemed an assignment prohibited hereby, unless the written consent of the City be obtained thereto. -16- G c. Anything herein to the contrary notwithstanding, it is further agreed that, in the event of the death of any partner, should Concessionaire be a partnership, or in the event of the death of any corporate shareholder resulting in a change in the ownership of fifty -one percent (510) or more of the capital stock of said cor- poration, if Concessionaire be a corporation, the executor, estate, heirs or devisees of such deceased person shall be entitled to succeed to the interest herein of such deceased person subject to the following qualifications: (1) That said designated person, persons, or entity demonstrate to the satisfaction of the City that the person, persons or entity is competent and qualified to operate said concession pursuant to the provisions of this agreement. (2) That said person, persons or entity first agree to assume all the obligations of the said deceased person, as set forth in this agreement, and agree to be bound by all the provisions hereof and the activities and transactions of the deceased person with respect thereto. (3) That all of the matters referred to in (1) and (2),above, be complied with within thirty (30) days after the death of such person, provided that said time limit may be extended by express written permission of the City if good cause is shown therefor.! 28. Waiver of Claims: Concessionaire hereby waives any claim against the City, its officers, agents or employees for damage or loss caused by any suit or proceeding directly or in- directly attacking the validity of this agreement, or any part thereof or by any judgment or award in any suit or proceeding declaring this agreement null, void or voidable, or delaying the same or any part thereof from being carried out. -17- l�J { 29. Actions: In the event of any action or suit upon this agreement, the City, if it shall prevail, shall be entitled to receive reasonable attorney's fees and all costs, disbursements and expenses including administrative expenses. 30. Agent for Service of-Process: It is expressly agreed and understood that if Concessionaire is not a resident of this state, or is an association or partnership without a member or partner resident of this state, or is a foreign corporation, then in any such event, Concessionaire shall file with the City a designation of a natural person residing in the State of California, giving his name, residence and business address, as his or its agent for the purpose of service of process in any court action between him or it and the City arising out of or based upon this agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon such Con- cessionaire; and it is further expressly agreed, covenanted and stipulated that if for any reason service of such process upon such agent is not possible, then in such event Concessionaire may be served personally or by regular mail, postage prepaid with such process out of this state, and that such service shall con- stitute valid service upon such Concessionaire; and it is further expressly agreed that Concessionaire is amenable to the process so served, submits to the jurisdiction of the court so acquired, and waives any and all objections and protests thereto. 31. Right of Entry as Agent: In any case in which provision is made herein for the termination of this agreement by the City or in the case of abandonment or vacating of.the premises by Concessionaire, the City in lieu of declaring a forfeiture may enter upon the premises. To such end, Concession- aire hereby irrevocably appoints the City its agent to remove any and all persons or property on said premises and place any such property in storage for the account of and at the expense of Con- cessionaire. In such case, the City may re -let the premises upon such terms as it may deem proper, and if a sufficient sum shall not be realized thereby, after paying expenses of such re- letting, am to satisfy the "gross receipts" and other sums herein agreed to be paid by Concessionaire, Concessionaire agrees to save the City harmless from any loss or damage or claim arising out of the action of the City in pursuance of this paragraph. 32. Duration of Public Facilities: By entering into this agreement, the City makes no stipulation as to the type, size, location or duration of public facilities to be maintained at the golf course. 33. Time of Essence. Time shall be of the essence in the performance of this agreement. 34. Eminent Domain: If, during the term of this agreement, any property described herein or hereafter added hereto is taken in eminent domain, the entire award shall be paid to the City. 35. Photography: The City may grant permits to persons or corporations engaged in the production of still and motion pictures and related activities, for the use of said premises for such purposes when such permission shall not interfere with the primary business of Concessionaire. 36. Hazardous Substances: No goods, merchandise or material shall be kept, stored or sold in or on said premises which are in any way explosive or hazardous; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon, and nothing shall be done on said premises, other than is authorized by this agreement, and no machinery or apparatus shall be used or operated on said premises which will in any way injure said premises or structures; provided that nothing contained in this paragraph shall preclude Concessionaire from bringing, keeping or using on or about said premises such materials, supplies, equipment and machinery as are appropriate or customary in carrying on its said business. Gasoline and oils shall be stored, handled and dispensed as required by present, or future regulations and laws. -19- 37. Nondiscrimination. Concessionaire and his employees shall not discriminate because of race, religion, color or national origin,against any person by refusing to furnish such person any accommodation, facility, service or privilege offered to or enjoyed by the general public. Nor shall Concessionaire or his employees publicize the accommodations, facilities, services or privileges in any manner that would directly or interentially reflect upon or question the acceptability of the patronage of any person because of race, religion, color or national origin. In the performance of this agreement, Concessionaire will not discriminate against any employee or applicant for employ- ment because of race, color, religion, ancestry or national origin. 38. Tuberculosis: Concessionaire shall file with the City a certificate showing that every person employed.in the con- cession activity has been examined within the last two (2) years and has been found to be free of communicable tuberculosis. 39. Contract Documents: The complete agreement between the parties hereto shall consist of the identified documents: This Agreement entitled "San Luis Obispo City Golf Course Concession Agreement ". 40. Remedies Not Exclusive: The use by either party of any remedy specified herein for the enforcement of this agreement is not exclusive and shall not deprive the party using such remedy of or limit the application of, any other remedy provided by law. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. ATTEST: . 51JR FITZPATRICK . City Clerk J. H. Fitzpatrick CONCESSIONAIRE: Bobby Kober CITY OF SAN LUIS OBISPO s /LYNN R. COOPER Mayor Lynn R. Cooper -20- Approved as to form: ///� r Id ��� City Attorney W Approved as to content: `r city Administrative Officer \ A it ctor /arks & Recreation -21- RESOLUTION NO. 3816 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDMENT NO. 1 TO AGREEMENT (HUMAN RELATIONS COORDINATOR EMPLOYMENT CONTRACT - PART- TIME).. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This council hereby approves Amendment No. 1 to Agreement (Human Relations Coordinator Employment Contract - Part -Time) and the Mayor is hereby authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement to: Human Relations Coordinator and Finance Department. On motion of Councilman Jorgensen , seconded by Mayor Cooper , and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen, and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 17th day of April 1979. ATTEST: ,�W C er . H. Fitzpatrick R 3816 O Approved as to form; Approved as to-- content: Feu... r! City Attorney t Administrative Officer AMEND14ENT NO. 1 TO AGREEMENT (Human Relations Coordinator Employment Contract - Part -Time) THIS AMENDMENT NO. 1 TO AGREEMENT made and entered into this 17th day of April , 19791 by and between the CITY OF SAN LUIS OBISPO., a municipal, corporation (hereinafter called "City''), and ORLOFF W. MILLER, an independent contractor (hereinafter called "Coordinator "). WITNESSETH: WHEREAS, on September 1; 1978, City and Coordinator entered into an agreement entitled "Human Relations Coordinator Employment Contract (Part - Time)" for the employment of Coordinator as an independent contractor to provide professional and administrative services for the City's Human Relations Commission; and WHEREAS, pursuant to that agreement City agreed to pay Coordinator $1,388.00 per month; and WHEREAS, at the time City and Coordinator entered into that agreement it was the City's desire to set the monthly salary at $1,482.00, but state legislation (S.B. 154 and S.B. 2212) reacting to the passage of Proposition 13 precluded the latter monthly rate, which would have been an increase of 6.8% from the previous contract; and WHEREAS, because of a recent California Supreme Court decision holding invalid the wage freeze provisions of S.B. 154 and S.B. 2212, the City may now set Coordinator's monthly rate at $1,482.00. NOW, THEREFORE, City and Coordinator in consideration of the mutual promises set out in the agreement and herein, agree as follows- 1: The agreement referred to above hereby is amended to provide that the monthly compensation for each of the months covered in the agreement shall be $1,482.00. Further, at the time.Coordinator's next regular payment is due under the agreement City shall compensate Coordinator for the differential between.previous monthly payments and the payment provided for herein, for those months covered in the agreement prior to the execution of this amendment. 2. Except as.amended herein the agreement shall remain in full force and effect. IN WITNESS WHEREOF, the par- ties.hereto have executed this amendment. ATTEST: s./J.H. FITZ_PATRICK City Clerk J H.- Fitzpatrick HUMAN RELATIONS COORDINATOR Orloff- W,. Miller CITY OF SAN LUIS OBISPO sILYNN R. COOPER Mayor Lynn R. Cooper . Approved as to form: City Attorney Approved as to content: City Administrative Officer RESOLUTION NO. 3815 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE CITY'S AFFIRMATIVE ACTION PROGRAM BE IT RESOLVED by the Council of the City of San Luis Obispo as follows,: SECTION 1. That certain document attached hereto marked Exhibit "Al' and incorporated herein by reference,.entitled "Affirmative Action Program for the City of San Luis Obispo" is hereby adopted. On motion of Councilman.Dunin. seconded by _Counri1wmm;;n R;11;g and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this .17th day of April , 1979. ATTEST: Approved as to content: Clerk J.H. Fitzpatrick City 4dMifIgT-r-a-EiVef Officer Approved as to form- Personnel Dire r City Attorney R 3815 1 V I. POLICY STATEMENT The City of San Luis Obispo has a continuing commitment'-to the principles— of equal employment opportunity and affirmative action. Section 2700.6 of the municipal code outlines the city's official policy as follows:.. All persons seeking employment with the City and-all City employees shall be treated equally_ and without discrimination which is prohibited by federal, state or local law. This commitment also applies to fob assignment, promotion, demotion, transfer, termination, and disciplinary actions. The City is committed to the development of positive measures to help eliminate barriers to the recognition of individual merit in personnel practices. Employees shall not be discriminated against because of the exercise of their rights under section 3502 of.the California Government Code or under the City's Employer= Employee Relations Resolution. II. DISSEMINATION OF POLICY STATEMENT A. Internal Each department head will be provided copies of the complete Affirmative Action Program. Training sessions will be held regularly "under the direction of the City.Administrative Officer to clearly spell out the duties and responsibilities of all supervisory and administrative employees under the ,program. All city employees will receive',',an employee handbook stating the city's policy towards equal employment opportunity. B. External All major recruiting sources including the Telegram Tribune, women's_ and minority organizations, colleges,, and other community organizations and agencies will receive a copy of the city's Affirmative Action Program. All job announcements, employment applications and fob advertisements identify the city as-an.equal opportunity employer.. III. RESPONSIBILITY FOR IMPLEMENTATION A. The City Administrative Officer retains ultimate responsibility for the implementation of the Affirmative Action Program including: 1. Ensuring that department heads, supervisors and administrative personnel are made aware of and comply with the program's goals and objectives. 2. Allocating adequate fiscal resources to achieve program goals. 3. Ensuring that the program is closely monitored and periodically evaluated and updated. 4. Supervise an Affirmative Action Officer. IV. B. The Affirmative Action-Officer is the Personnel Director and has the following responsibilities: 1. Monitor -the program for compliance and effectiveness. 2. Evaluate all phases of the recruitment and selection process to identify and remedy any practices which inhibit the achievement of program goals. 3. Assist department heads and supervisors in solving problems regarding underutilization of minorities and women. 4. Monitor.`.new hires, transfers, promotions, terminations and other personnel transactions to insure their compliance with program goals. S. Recommend establishment of training level positions to provide job opportunities for those lacking skills for regular city positions. 6. Receive, evaluate and implement suggestions.from city employees and the general public regarding improving the city's program. 7. Receive and investigate all complaints alleging discrimination, taking appropriate remedial actions. C. Department Heads shall be responsible for doing the following: 1. Implement the Affirmative Action Program within their department. 2.. Work closely with the City Administrative Officer and Affirmative Action Officer to identify specific . cases of underutilization of minorities and women within their departments and to develop goals and timetables for the remedying of any underutilitzation identified. 3. Insure that supervisors in their departments understand and comply .with the program. 4. Make:"every good faith effort to achieve the specified goals set for their department. WORKK FORCE "ANALYSIS A. EEO-4 report 2 Each year, the city is required to prepare a work -force analysis for the federal government known as the EEO=4 report. This report groups all city employees and new hires into eight broad job categories, thereby more clear ly_identfvinq specific areas-of--:underutilization--of-women-and-minorities.- Every two years, the Affirmative Action Officer shall prepare a report to the City Administrative Officer and City Council showing changes in the staffing of women and minorities by job category which occurred during the previous two year period. The report will show how the latest staffing figures relate to the specific staffing goals of this plan. Proposed.modifications in the program will be included in the report. The chart on the following page analyzes our probationary and regular city work force.as of February 28, 1979. The job classifications comprising each job category are listed on page 8 of this program. WORK FORCE ANALYSIS BY JOB CATEGORY Regulary - and Probationary Employees Figures as of 2/28/79 ....WHITE.. .....BLACK HISPANIC WOMEN TOTAL ADMINISTRATORS/ # 11 0 1 0 12 OFFICIALS % 91.7 0 8.3 0 PROFESSIONALS # 39 0 0 3 39 % 100 0 . 0 7.7 TECHNICIANS # 24 0 2" 3 26 92.3 0 7.7 11.5 PROTECTIVE # 54 1 3 3 58 SERVICE % 93.1 1.7 5.2 5;2 PARA # 0 0 0 0 0 PROFESSIONAL 8 0 0 0 0 OFFICE/ # 31 1 1 33 33 CLERICAL % 93.9 3.0 3.0 100 SKILLED # 8'. 0 1 0 9 CRAFT % 88.9 0 11.1 0 SERVICE/ # 47 2 10 1 59 MAINTENANCE % 79.7 3.4 17 1.7 TOTAL # 214 4 18 43 236 90.7 1.7 7.6 18.2 } ,r It - B. Relevant labor market The relevant labor market is the geographic area used to recruit applicants for city employment. The relevant labor market varies by job category as follows: 1. San Luis Obispo County Protective Service Workers Para- Professionals Officer /Clerical:. Skilled Craft Workers Service Maintenance Workers 2. State of California Officials /Administrators Professionals Technicians Therefore, the goals for employment by job category will be based on the percentages of women and minorities in the labor force in each category for the geographic area listed above. Since there is insufficient data to determine the percentage of Blacks in the "Protective Service Workers" job category in San Luis Obispo County, the overall percentage of Blacks in the county labor market is used for setting goals. The chart on the following page summarizes the percentages of women, Blacks, and Hispanics in the relevant labor market. C. Source of data The State of California Employment Development Department prepared an in depth analysis of labor market data throughout the state based on the 1970 census. The information was published in their May 1978 "Manpower Information for Affirmative Action Program" report. 4 o % OF WOMEN AND MINORITIES IN RELEVANT LABOR MARKET JOB (:ATEWIUBS BLH(:K ri15YHN1C:. . . . . . VyUl -mN . . OFFICIALS/ 2.3:. 7..1 20..1 ADMINISTRATORS ** PROFESSIONALS ** 3.9' 6.8 36.5 TECHNICIANS ** 3.9 6.8 36.5 PROTECTIVE* 1.1 9.7 4.3 SERVICE PARA* 0.4 5.4 38.2 PROFESSIONAL OFFICE /* 1.3 7.2 77.2 CLERICAL SKILLED* 0.4 '!.8.7 3.6 CRAFT`: SERVICE /* 1.8 14.4 19.0 MAINTENANCE * San Luis Obispo County ** Statewide 6 D. Analysis of applications Since July 1; 1977, the Personnel Department has tabulated the race and sex of most job applicants. All applications have a perforated tear -off section which job applicants are asked to complete.. Since the Equal Opportunity Data form is completed voluntarily, and only 59.6% of the 2608 applications received from July 1, 1977 through February 28, 1979 filled.it out, the results are inconclusive. Below is a percentage breakdown of the.1555 data forms received by job category. JOB CATEGORY BLACK HISPANIC WOMEN -- OFFICIALS/ .6 1.2 4.8 ADMINISTRATORS PROFESSIONALS 4.3 4.3 12.9 TECHNICIANS 3.0 6.0 19.0 PROTECTIVE 1.4 8.4 10.2 SERVICE PARR PROFESSIONAL NONE RECEIVED ------------------ -- ----- - - - - -- OFFICE. .0c9 5.1 84:0 CLERICAL SKILLED NONE RECEIVED ----- ---=—=-------'=----------- CRAFT SERVICE/ 0 4.5 8.3 MAINTENANCE .E. Goals A goal is a numerical objective, fixed realistically in terms of the number of vacancies expected, and the number of qualified applicants in the relevant labor market. In other words, in determining goals, we will not only take into consideration percentage figures'for the local labor force but will study the availability of qualified persons by job category and the expected turnover-, additions or cutbacks in the city work force. The following page sets goals and timetables for increasing the representation of women, Blacks and.Hispanic employees in the city work force. 0 0 7 I'ADDT'L NUMBER* *These figures represent the number of new employees needed by job category for the city to employ at least 80% of that sex or racial group's labor market percentage rate in accordance with the Federal Uniform Guidelines on Employee Selection. FULL TIME ANTICIPATED NEEDED TO BE'' POSITIONS FILLED HIRES 3/1/79 IN. "COMPLIANCE GOALS FOR 6/30/81 JOB-CATEGORIES AS OF 3/1/79 TO 6/30/81 B H. _. W Black Hispanic Women OFFICIALS/ 12 2 - - 3 ADMINISTRATORS PROFESSIONAL •39 12 1 2 8 1 1. 2 TECHNICIANS 26 10 1 - 5 PROTECTIVE 58 25 - 2 - - 2 - SERVICE- SARA PROFESSIONAL 0 0 - - - - - - OFFICE/ 33 `.20 - CLERICAL SKILLED 9 2 - - - - - - CRAFT SERVICE/ 59 .18 - - 8 - - 2 MAINTENANCE TOTALS 236 89 2 5 24- 2 4 7 *These figures represent the number of new employees needed by job category for the city to employ at least 80% of that sex or racial group's labor market percentage rate in accordance with the Federal Uniform Guidelines on Employee Selection. J OFFICIALS /ADMINISTRATORS Building & Parks Maintenance Supt. Chief Building Inspector City Engineer Director of Community Development Director of Parks & Recreation Finance Director Fire Chief Personnel Director Police Chief Street Superintendent Utilities Engineer /Superintendent Director of Public Services PROFESSIONALS CITY OF SAN LUIS OBISPO 0 JOB TITLES BY JOB CATEGORY Accountant Administrative Assistant /Engineering Administrative Assistant /Public Services Engineering Assistant Engineering Associate Fire Captain Fire Captain /Training Officer Fire Marshal Fire Marshal/Battalion Chief Human Relations Assistant Plan Check Engineer Planning Assistant Planning Associate Police Captain Police Lieutenant Recreation Supervisor Senior Planner Staff Writer TECHNICIANS Accounting Technician_ Building Inspector Drafting Technician Engineering Technician Fire Engineer Planning Enforcement Technician Planning Technician Police Sergeant II Public Works inspector Technical Services Coordinator PROTECTIVE SERVICE Field Service Technician Firefighter Fire Prevention Inspector Fire Prevention Inspector %Arson Parking Enforcement officer Police Officer Police Sergeant I PARR= PROFESSIONAL None OFFICE/CLERICAL- Account Clerk I Account Clerk II Administrative Secretary Administrative Services Clerk Clerk Typist I Clerk Typist II Dispatcher Clerk Legal Secretary Secretary I Secretary II Secretary III SKILLED.CRAFT Fire Vehicle Mechanic Heavy Equipment Mechanic Heavy Equipment Operator Painter Supervisory Heavy Equipment Mechanic SERVICE /MAINTENANCE Building Maintenance Leader Ground sworker I Groundsworker II Janitor Parking Meter Repairer Parks Maintenance Worker Parks Maintenance Supervisor Street, Maintenance Leader Street.Maintenance.Painter Street Maintenance-Worker II Tree Maintenance. Worker I Tree Maintenance Worker II Utilities Maintenance Leader Utilities Maintenance Supervisor_ Utilities Maintenance Worker II Utility Plant Operator I Utility Plant Operator II Utility Plant Supervisor Water Meter Reader Water Meter Repairer Water Supply Operator I Water Supply Operator II Water Supply Supervisor G . RESOLUTION NO. 3814 (1979 Series) A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO REQUIRE PREPARATION OF AN ENVIRONMENTAL IM- PACT REPORT (EIR) FOR A ZONING REGULATION TEXT AMENDMENT WHICH WOULD ALLOW SORORITIES AND FR_ATER_NITIES IN THE R -2 DISTRICT WITH A USE PERMIT. WHEREAS, on February 28, 1979, the Environmental Review Committee (ERC) considered a p`roposed'text amendment to the zoning regulations which would allow sororities and fraternities in the R -2 district with a use permit; and WHEREAS, the ERC was unable to come to a unanimous decision regarding the need for an EIR; and WHEREAS, on referral from the:iERC, the Planning Commission determined 1 that.a focused EIR be prepared regarding specific areas of concern; and WHEREAS, the applicant for the zoning text amendment.(Gamma Phi Beta, Inc..) has appealed to the City Council the Planning Commission's decision to require the focused EIR; and WHEREAS, this council has reviewed the materials relevant to the appeal provided for the April 3, 1979., meeting, including the appeal, the staff report for the April 3, 1979, meeting, the staff report for the March 14, 1979, Planning Commission meeting (by G. Smith), the minutes of the February 28, 1979, ERC meeting,,the initial environmental study dated February 26, 19792 excerpts from the City's environmental review guidelines, a second staff report for the March 14, 1979,.Planning Commission meeting (by G. Matteson), the request_; for zoning text amendment, excerpt from:the draft minutes of the March 14, 1979,Planning Commission meeting, a number of petitions in support of the text change, and a number of letters in opposition to the text change, all of which materials are.incorporated by reference herein; and R 3814 Resolution No. 3814 (1979 Series) WHEREAS, on April 3, 1979, this council held a public hearing regarding the appeal, at which testimony was given by numerous individuals both in support of and in opposition to the appeal; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. This council finds that on the basis of all the materials and testimony offered and received that the proposed zoning text .amendment will have no significant effect on the environment. SECTION 2. The determination of the Planning Commission described herein is reversed. SECTION 3. The appeal of Gamma Phi Beta, Inc., is upheld. SECTION 4. A negative declaration is granted for the described proposed zone text amendment. SECTION S. Staff is directed to take appropriate action consistent . with this resolution. on motion of Councilman Dunin seconded by Councilman Bond and on the following roll call vote: AYES: Councilmemers Dun , MaoCoein _Bond__ opr__ _ NOES: ;Councilmember`s Billig and Jorgenseri ABSENT: None the foregoing resolution was passed and adopted this _3rd day of April , 1979. ATTEST: Fitzpatrick .2_ Resolution No. 3814 Approved as to form: City. Attorney 0 (1979 Series) Approved as to content: �4��%� City Administrative Officer Community D velopmen A Director - i V Q RESOLUTION NO. 3813(197.9 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT 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 a contract on behalf of the City for the following: PROJECT: Sewer Line Improvements CITY PLAN NO.; B -44 ESTIMATE: $27,350.00 BUDGET ACCOUNT: 40- 7062 -733 BIDDER: Fred Julien and Associates BID AMOUNT: $27,640.00 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 Jorgensen , seconded by Councilman Dunin_ , and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and 1979. ATTEST: City Clerk J.H. Fitzpat ted this 3rd day of April , Lynn'R. -Cooper Approved as to form: Approved as to content: City Attorney George Thacher. City Administrative Officer Leland Walton Funds Availab for RIC. Muravez R 3813 RESOLUTION NO. 3812 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT 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 a contract on behalf of the City for the following: PROJECT: Marsh Street Storm Drain CITY PLAN NO.,: 8-22 ESTIMATE: $198,500.00 BUDGET ACCOUNTS: 20- 5062 -741 $80,000. 21- 5062 -741 65,000. BIDDER: Conco Engineering, Inc. 40- 5062. 741 110,000. 255,000. BID AMOUNT: $226,032.00 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 Jorgensen, seconded by CouncilwomanBillig, and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and ad Ktt?d this 3rd day of April 1979. ATTEST: erk J. H.. Fitzpatrick Approved as to form: C ty Attorney George Thacher M Approved as to content: City- a ices Leland Walton R 3812 RESOLUTION NO. 3811 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, AUTHORIZING'THE DESIGNATION OF BANK.OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, SAN FRANCISCO, CALIFORNIA, AS BOND AGENT FOR THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo that Bank of America National Trust and Savings Association; San Francisco, California, is authorized. to act as paying agent for the City of San Luis Obispo on all outstanding bond issues of the City listed below. This service will commence with the bonds and coupons maturing on the dates listed opposite each named issue: Whale Rock General Obligation Bonds Series A 08 -01 -19 Whale Rock General Obligation Bonds Series B 08 -01 =79 Parking Revenue Bonds 07 -01 -79 Sewer Revenue Bonds 06 -01 -19 Bank of America National Trust and Savings Association will continue to act as the paying agent for Water Revenue Bonds and McMillan Sewer Assessment Bonds as authorized in previous resolutions. BE IT FURTHER RESOLVED that Bank of America National Trust and Savings Association is authorized to process the call of all bonds as may be required i by the various bond resolutions. On motion of Councilman Jorgensen seconded by Councilman Bond , and on the following roll call vote: AYES; Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None . the foregoing Resolution was passed and adopted this 3rd. day of April , 1979, ATTEST: Cit erg J:H. Fitzpatrick R 3811 Approved.as.to form: City Nttorney 0 Approved as to content: C-y Administrative Officer usurer Finan—ce—MIxector RESOLUTION NO. 3810 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND LILLIAN T. CONAN FOR ACQUISITION OF AN EASEMENT FOR A STORM DRAIN. 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 on file in the Office of the City Clerk, between the City and Lillian T. Gonan for acquisition of a drain easement 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 a copy of the agreement approved by it to: the City Engineer and Lillian T. Conan. On motion of Councilman Jorgensen , seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmen Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this ATTEST: Clerk J.H. Fitzpatrick Approved as to form: City Attorney day of April 1979. Lynn Approved as to content: live City Administrative Officer ity 1 gineer R 3810 AGREEMENT This agreement, executed this C'� day of )%794_1, 1979, by and.between LILLIAN T. GONAN, hereinafter called "Grantor", and THE CITY OF SAN LUIS OBISPO, a, municipal corporation, hereinafter called "City". WITNESSEtH: WHEREAS, Grantor is the owner of real property at 3131 Johnson Avenue; and WHEREAS, City desires to obtain a storm drain easement over. 4 portion of Grantor's property at 3131 Johnson Avenue NOW, THEREFORE, in consideration of the covenants and promises hereinafter set forth the parties hereto agree as follows: 1. Grantor shall convey to City 4 storm drain easement, as described ,inExhibit "A" attached hereto and incorporated here- in by this reference. 2. -City will plant lawn seed in the easement, repair .fence to as good br-better than existIng, replant hedge and two shrubs with five gallon size. 3. City agrees to let Grantor construct improvements over the easement in compliance with City zon-ing code and the uniform building code. C J IN WITNESS WHEREOF, the parties hereto have signed this agreement on the date first written above. ATTEST: �i� �y'C�lerk J.H. Fitzpatrick Approved as to form: City Attorney GRANTOR: ZIE Ft 07 Lillian T. Gonan Approved as to content: C ld4n'rli&Xtive Officer -2- 0 E DEED OF EASEMENT LILLIAN T. GONAN as Grantor, hereby grant to the City of San Luis Obispo, a Municipal Corporation, as Grantee, the following easement in the City of San Luis Obispo, County of San Luis Obispo, State of California, to wit: An easement to construct, maintain, repair, replace, enlarge and remove a public storm drain and appurtenances in and across that portion of the South half of Section 36 in 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 of the survey of said land on file in the Bureau of Land Management, described as follows: Beginning at the Northeast corner of the parcel of land described in Volume 1323, Page 361 of Deed in the office of the County Recorder, thence South 32058' West a distance of 100.00 feet, thence, South 57002' East a distance of 10.56 feet, thence North 59005' East a distance of 29.48 feet, thence North 15013' East a distance of 77.20 feet to the point of beginning. IN WITNESSS WHEREOF Grantor have hereunto caused her name to be subscribed this day of ;'T , 197f February 26, 1979 Witness `r IAN T. GONAN 4 �d m A EkbI t1 /► �d m A EkbI t1 /► u C E R T I F I C A T E O F A C C E_P T A N C E THIS IS TO CERTIFY that the interest in real property conveyed by the Deed of Easement dated February 8, , 1979, from Lillian T. Gonan to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: April 5, 1979 CITY OF SAN LUIS OBISPO By s /LYNN R �o�P a Lynn R. Cooper, Mayor ATTEST: s/J.H. FITZPATRICK J.H. Fitzpatrick, City Clerk JOHNSON AVE. P.O.B. v i A1:57002 W S 32°58,w /00.00' i �- LOT L /NE S 57 *02',E LOT 4 LOT 5 SCALE- TRACT /06 ROSE AVE. ® EASEMENT AREA • GONAN TO CITY OF SAN LUIS OB /SPO N/5 °13' E 77. 20" N 59°05'E 29.48 ' FOR S TORM DRA /N EASEMEEN T TPG/ERH /2/22/78 T W 2 W x W J a F N I I I nu 1\LV V. Va FNVLL anu I LVnuv�L rt. IWARVGL d5 UY'dflLurs, nereoy grans to the CITY OF SAN IS OBISPO, a Municipal Corpora' �n, as Grantee, the following easement in the City of San Luis Obispo, County of San Luis Obispo, State of California, to wit: An easement to construct, maintain, repair, replace, enlarge and remove a public storm drain and appurtenances in and across that portion of the South half of Section 36 in 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 of the survey of said land on file in the Bureau.of Land Management, described as follows: Parcel) Beginning at the Northwest corner of the parcel of land described in Volume 1466, Page 217 of Deed in the office of the County Recorder, thence South 15013' West a distance of 39.89 feet, thence North 32058' East a distance of 38.00 feet, thence North 57002' West a distance of 12.16 feet to the point of beginning. Parcel 2 Beginning at the Southwest corner.of the parcel of land described in Volume 1466, Page 217 of Deed in the office of the County Recorder, thence North 59005' East a distance of 11.36 feet, thence South 32058'West a distance of '10.20 feet,. thence North 57002' West a distance of 5.00 feet to the point of beginning. IN WITNESS WHEREOF, Grantors have hereunto caused their names to be subscribed this L day of 197 February 26, 1979 (Witness) STATE OF CALIFORNIA SS. COUNTY OF San Luis Obispo On February 26, 1979 before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas P. Gingg — — — — — — - personally known to me to be the person whose name is subscribed to the within Instrument, as a Witness thereto, who being by me duly sworn, deposes and says: That he resides it San Luis Obispo and that he was present and say. Alfred D. Marvel & Florence M. r' personally known to him to be the same persons escn led in and whose names aresubecribed to the within and annexed Instrument as the Part ies thereto, execute and deliver the same, and thr'37 acknowledged to said afliant that tlle_y__executed the same; and that said affiant subscribed his name thereto as a Witness. WITNESS my hand and official seal. 1 Sena) Signature r�Dirl /�� Max.�lyn___ erg TO 443 C Name (Typed or Printed) Notary Public in and fnr said State ALFRED D. MARVEL FL RENCE M. MARVEL MARILYN PERRY ® NOTARY PUBLIC — CALIFORNIA PRINCIPAL OFFICE IN AN.LUIS OBISPO COUNTY My Commission Expires July 20,1979 C E R T I F I C A T E O F A C C E P T A N C E THIS IS TO CERTIFY that the interest in real property conveyed by the Deed of Easement dated February 26 , 1979, from Alfred D Marvel and Florence M. Marvel to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292., San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: April 5, 1979 CITY OF SAN LUIS OBISPO By s/LM R. COOPER Lynn R. Cooper, Mayor ATTEST: s /J.H. FITZPATRICK J.H. Fitzpatrick, City Clerk P. 0. S. PARCEL / N 57 ° 0", N57°02'W I ' I is 15 013 W N32 °58'E I 39.89' ! 38.00' f � I N 9` 5 E S32 °58'W /.../.36' ; .10-20 1t N .57 ° 02'E " PARCEL 2 ��' '-' 7 = 5.00' f :A I t i 1` MARVEL. 7 t.r' c r or ' r RESOLUTION NO. 3809 0 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING ADDITIONAL TIME TO FINAL MAP FOR TRACT 710 WHEREAS, the subdivider of Tract 710 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: SECTION 1. A 6 -month time extension.for the filing of the final map for Tract 710 is hereby granted. Said extension expires on September 21, 1979. SECTION 2. The conditions of approval contained in Resolution No. 3528 are hereby incorporated into and made a part of this time extension. On motion of Councilman Jorgensen, seconded by Councilman Bond, and on the following roll call vote: AYES: Councilmembers._Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of April , 1979. R 3809 Resolution No. 380!_. • Tract 710 page 2 ATTEST: Fitzpatrick Approved as to form: City Attorney George Thacher (1979 Series) Approved as to content: City dmi ist ative Officer Leland Walton Commun ty Development Department, Ken Bruce City eer Wryne.Peterson Y / RESOLUTION NO. 3808 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO URGING DELAY TO ISSUE OPERATING LICENSE FOR THE DIABLO CANYON NUCLEAR POWER PLANT WHEREAS, the recent accident at the Three Mile Island Nuclear Power Plant in Harrisburg, Pennsylvania, is a matter of general public concern, and WHEREAS, that accident raises serious unresolved questions con- cerning the design and safety of the Three Mile Island Nuclear Power Plant and other nuclear power plants which employ the same or similar cooling and steam generation systems, and specifically, the proposed Diablo Canyon Nuclear Power Plant in San Luis Obispo County, and WHEREAS, the decision whether or not to issue an operating license for the Diablo Canyon Nuclear Power Plant has tentatively been set for May -June, 1979, NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of San Luis Obispo respectfully requests that the decision whether or not to issue an operating license for the Diablo Canyon Nuclear Power Plant be postponed and continued until such time as a full, complete, and objective analysis of the accident at the Three Mile Island Nuclear Power Plant has been made, together with an analysis of any modifications which may be necessary to the Diablo Canyon Nuclear Power Plant as a result of that analysis in order to assure that.no environmental contam- ination will occur from the operation of the Diablo Canyon Nuclear Power Plant. R 3808 Resolution No. 3808 (1979 Series) The City Clerk shall send a copy of this resolution to the following: Nuclear Regulatory Commission- Safety and Licensing Board, Governor of the State of California, Pacific Gas & Electric Company, Honorable Carol. Hallett, Honorable Robert J. Lagomarsino, Honorable Leon Panetta, and Honorable Alan Cranston. INTRODUCED AND PASSED TO PRINT at a regular meeting of the City Council on the 3rd day of April , 1979, on motion of Councilman Jorgensen , seconded by Councilwoman Billig , and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None ATTEST: ty Clerk J.H. Fitzpatrick Approved as to form: Approved as to content: City Attorney Cit ministrative Officer • RESOLUTION NO. 3807 A RESOLUTION OF THE COUNCIL OF LUIS OBISPO GRANTING APPROVAL MAP NO. 766 LOCATED ON THE NOR (1979 Series) THE CITY OF SAN OF TENTATIVE TRACT 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 tract 766 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan. 2. The design and improvements of the proposed subdivision are consistent with the general plan. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of develop- ment. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. SECTION 2. That the approval of the tentative map of tract 766 be subject to the following conditions: 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. All utilities shall be underground including a proportionate share of cost (not to exceed $5,000, as determined by the city engineer) of undergrounding of existing utility line adjacent to Los Osos Valley Road. 4. Subdivider shall pay water acreage and frontage charges as determined by the City Engineer. 5. Subdivider shall install individually metered water service to each dwelling unit. Meters shall be located at frontage of each unit, be unobstructed, and be to the approval of the Public Services Department. 6. Sewer and water mains shall be public and to city standards. Easements over the mains and access to mains shall be to the approval of the City Engineer. 7. Subdivider shall pay sewer charges as determined by the City Engineer. R 3807 Resolution No. 36 (1979 Series) Page 2 Tract 766 8. All private driveways shall be improved to standards approved by the City Engineer. 9: Subdivider shall install sidewalk on the Oceanaire Drive frontage and handicap ramp at corner of Oceanaire Drive and Los Osos Valley Road to the approval of the Public Services Department. 10. Final map shall note entire site as a blanket utility easement accept- able to the.utility companies and City Engineer. 11. Subdivider shall install traffic control devices /signs on -site to the approval of the City Engineer. 12. Subdivider shall install street trees along both street frontages to the approval of the Public Services Department. 13. Final map shall show access rights to Los Osos Valley Road dedicated to the city by way of a one -foot reserve strip to approval of the City Engineer. 14. Subdivider shall grant the city a flood control and maintenance ease- ment for portion of site below the 126 -foot elevation. 15. All storm drainage facilities shall be designed and installed to accommodate a 100 -year design storm and be to the approval of the City Engineer. 16. Final map shall note the lowest finish floor elevation for any construc- tion shall be the 127 -foot elevation. 17. No trees on site shall be removed per criteria of the city's tree ordinance. 18. Subdivider shall soundproof the interior of the dwelling units to a 45 db. level consistent with the general plan noise element. 19. Recreation facilities on site shall receive partial credit for subdivision park dedication requirements. Credit in amount of 50 percent shall be given. Subdivider shall pay park in lieu fees based on 24 units (50 Percent) prior to final map approval. 20. Conditions, covenants and restrictions shall be approved by the City Attorney and Community Development Director prior to final map approval. C.C.& R.'s shall contain the following provisions: a) Creation of a homeowner's association to enforce the C.C.& R.'s and provide for professional, perpetual maintenance of all common area including driveway and all building exteriors in a first class condition; b) Grant to the City of San Luis Obispo the right to maintain common area and building exteriors if the homeowner's association fails to perform, and assess the homeowner's association for expenses incurred; c) No parking on the site except in approved designated spaces; d) Grant to the City of San Luis Obispo the right to tow away vehicles on a complaint basis which are parked in unauthorized places; e) No outside storage of boats, campers, motorhomes and trailers nor long -term storage of inoperable vehicles; f) No outside storage by individual units except in designated storage areas,; g) No change in city- required provisions of C.C.& R.'s without prior City Council approval. Resolution No. %07 (1979 Series) Page 3 Tract 766 On motion of Councilman Jorgensen , seconded by Councilwoman Billig, and on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Bond, Billig and Mayor Cooper NOES: None ABSENT: None The foregoing resolution was passed and adopted this 3rdday of April ,1979. ATTEST: erk J. H. Fitzpatrick Approved as to form: City Attorney George Thacher and 3- 19 -79. Approved as to content: Cit d rh s rative Officer Leland Walton Community Development Department, Ken Bri ce I y En g' eer Wayne Peterson RESOLUTION NO. 3806(1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT 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 a contract on behalf of the City for the following: PROJECT: Water Filtration Plant No. 2 CITY PLAN NO.: B -09 Improvement Project ESTIMATE: $259,500.00 BUDGET ACCOUNT: 40- 6262 -738 BIDDER: Charles A. Pratt Construction Co. BID AMOUNT: $257,600.00 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 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: yor Kenneth E. Schwartz ,9 S ere J.H. Fitzpatrick Approved as to form: Approved as to content: �l City Attorney George Thacher City Administrative Officer Leland Walton Funds Available: inane i ect r R C. Muravez R 3806 • RESOLUTION NO. 3805 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -10, LOCATION AT 763 MORRO 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. 79 -10 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: (1) The tentative map is consistent with the general plan. (2) The design and improvements of the proposed subdivision are consistent with the general plan. (3) The site is physically suitable for the type of development proposed. (4) The site is.physically suitable for the proposed density of development. (5) The design of the subdivision and the proposed improvements are not likely to cause substantial' environmental damage or substantially and avoidably injure fish or wildlife or their.habitat. (6) The design of the subdivision or the type of improvements are not likely to cause public health problems. (7) The design of the subdivision or the type of improvements will not conflict with easements, for access through or use of property within the proposed subdivision. Exception: (1) Exception is hereby granted to grade 100 percent of the site, whereas the grading ordinance allows only 60 percent to be graded. SECTION 2. That the approval of the tentative map for Minor Subdivision 79 -10 be subject to the following conditions: (1) Parcel 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) All utilities shall be underground. R 3805 Resolution No. 3805 ^, Tentative Minor Sub�'ivision 79 -10 Page 2 (4) Sewer service to each unit shall be provided by extension of the private sewer main, said main shall be four inches in diameter and constructed to city standards;and easements shall be granted to the city subject to approval of the City Engineer. Sewer main shall be at least ten feet from water lines and the five feet from retaining walls with no restric- tions to access. (5) Subdivider shall install individually metered public water service to each dwelling unit. Meters shall be clustered in sidewalk at property frontage. (6) Grading on site if not completed prior to the recordation of the final map, shall be bonded for to the approval of the City Engineer. (7) Subdivider shall construct standard street improvements on Morro and Peach Streets, consisting of curb, gutter, sidewalk, handicap ramp at corner and street paving. If street improvements not completed and accepted prior to recordation of the final map, bonding to the approval of the City Engineer shall be required. (8) Conditions, covenants and restrictions shall be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions: (a) Creation of a homeowner's association to enforce the CC &R's and provide for professional, perpetual maintenance of all common area including driveway and all building exteriors in a first class condition; (b) Grant to the City of San Luis Obispo the right to maintain common area and building exteriors if the homeowner's association fails to perform, and-assess the homeowner's association for expenses incurred; (c) No parking on the site except in approved designated spaces; (d) Grant to the City of San Luis Obispo the right to tow away vehicles, on a complaint basis, which are parked in unauthorized places; (e) No outside storage of boats, campers, motorhomes and trailers or long -term storage of inoperable vehicles; (f) No outside storage by individual units except in designated storage areas; (g) Homeowner's association to provide for maintenance.and repair of .private sewer lines; (h) No change in city- required provisions of CC &R's without prior City Council approval; (9) Final map shall note public utility easements acceptable to the utility companies and City Engineer. (10) Subdivider shall sound proof the interior of the dwelling units to a 45 Db level consistent with general plan noise element. (11) Subdivider shall pay park in lieu fees in amount of $150 per unit ($600 total) prior to final parcel map approval. Resolution No. 3805c— Tentative Monor SubdTGision 79-10 Page 3 (12) Subdivider shall pay water acreage and frontage charges as determined by the City Engineer prior to final map approval. (13) Subdivider shall install street trees to the approval of the Public Services Department on both street frontages. On motion of Councilman Jorgensen seconded by Councilman Settle and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing resolution was passed ATTEST: C erk�H. Fi tzpatric c— Approved as to form: QL� City Attorney, George Thac er KB:cb 3/5/79 opted this 20th day of March , 1979. Approved as to content: i a ive icer, Leland Walton X iDeve opment Department Associate Planner, Ken Bruce k �"� Q2, � --- sty sneer, Wayne Peterson a RESOLUTION NO. 3804 (1979 Series) /"L - ,vc A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP SLO- 78 -216 LOCATED AT 972 SANTA ROSA.AND 1108 MONTEREY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Parcel Map SLO -78 -216 as contained in Resolution No. 3736 (1978 Series). SECTION 2. This Council now grants final approval of Parcel Map SLO -78 -216 (Southland Corp. and Harold Wu,.Applicants). On motion of Councilman Settle and on the following roll call vote: seconded by Councilman.Dunin , AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing resolution was passed and adopted 1979. ATTEST: Cit erk J.H. Fitzpatrick Approved as to form: City.Attorney Approved as to ontent: City Admin'st.rative Officer ACOO-AA - �T �_ �_7 Community D v`elopment ej ector 'City En er R 3804 � � _o of _ �y • •$' R= u B � =.�' °G I i °1: iR a - Y c _ 7$ ' D : �• I e O o • � kX-22'°d• .e. M' «WN• •N.•n••rr N1 - D , I I , •N «crxo.,r +ma or [2a1Maa 8.A i o A ° "'8m ^F_ ^�:8" = x ::9 w«°o l ^' : \° • I :. +• __N OO cnm• IN •N 011 N�__�'____ •I N•_iO R G O - A • •' i t f pp T MO�[•1�0. x10 L' I ON1. -•.Mw •)O1Yf i� __ `+ •xr•xYt n ; @@° r w 1 fr ^' R I ' x. r. .u•ex• T.1Y • «N•L txN•, x �• �� � c x• z n� R n i 8 i y F i 3 �; � Y • R [ p F� g X F R 2 e° >r e m ee s [ ° ° it -_I o I . I + SANTA ROSA SrR££r 7$ ' D : �• I e O o • � kX-22'°d• .e. M' «WN• •N.•n••rr N1 - D , I I , •N «crxo.,r +ma or [2a1Maa :: °Ye R �I ::9 w«°o l ^' : \° I :. +• __N OO cnm• IN •N 011 N�__�'____ •I N•_iO .. O - A • •' i t f pp T MO�[•1�0. x10 L' I ON1. -•.Mw •)O1Yf i� __ `+ •xr•xYt ie •1' T x .x N ; @@° r w 1 fr ^' R I ' x. r. .u•ex• T.1Y • «N•L txN•, x �• �� � c x• z n� R n i 8 i y F i 3 �; � Y • R p F� g m ee ° ° it n • w i i90Q i ci: R tp 0 FYI « -_I o I . I + SANTA ROSA SrR££r ' D : �• I e O o • � kX-22'°d• .e. M' «WN• •N.•n••rr N1 - D , I I , •N «crxo.,r +ma or [2a1Maa :: °Ye goo ::9 w«°o l ^' : \° I :. +• __N OO cnm• IN •N 011 N�__�'____ •I N•_iO .. O - A • •' i t f pp T MO�[•1�0. x10 L' I ON1. -•.Mw •)O1Yf i� __ `+ •xr•xYt ie •1' T x .x N ; @@° r w 1 fr ^' R I ' x. r. .u•ex• T.1Y • «N•L txN•, x x• z aMX ee ° ° it n • w i i90Q i ci: FYI « T ° •r•a aor cu. rrt...... !R m .I � «cs «cu s•.' ,n,o,^co. INC C 1 .'i �JIC n S « Ct.`. iz ow cc °' O N O • t 2�- gam =0 „ m _: G, ' C $$iR$ e m e. o • � > a x p, i 2 S V r 0 R 0 SrR££r i I RESOLUTION N0: 3736 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION. NO. 78 -216, LOCATED AT 972 SANTA ROSA AND 1108 MONTEREY BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECGTION 1. That this Council, after consideration of the tentative map of Minot Subdivision No. 78 -.216 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 -R 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 787216 be subject to the following condition: (1) All new lot corners shall be staked by a registered civil engineer or licensed surveyor. On motion of Councilman Settlseconded by Councilman Dunin,, and on the following roll call vote: AYES: Councilmen Dunin, Settle and Mayor Schwartz NOES: None ABSENT: Councilmen Jorgensen and Pet eydo; pas,, foregoing resolution was pas a d ted this ],9t ATTEST: r C" ('ler, J. H. Fitzpatrick yor, Kenneth E. Schwartz er, 1978. R 3736 Resolution No. .3736 Tentative `tap *Iinnr Sub. 78 -216 Page 2 Approved as to form: City Attorney, George Thacher DS:cb 12/7/78 Approved . to con ert City Administrative officer, Leland Walton Community'•Development Department Senior PlZQner, Dan Smith City Vgineer, Wayne Peterson RESOLUTION NO. 3803 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE "AGREEMENTS FOR CONDITIONS OF USE OF ACCESSORY STRUCTURES" ON BEHALF OF THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This council hereby authorizes the Community Development Director to execute "Agreements for Conditions of Use of Accessory Structures upon Approval of Request for Entitlement" (form agreement attached hereto) on behalf of the City of San Luis Obispo, as may be necessary from time to time. SECTION 2. The City Clerk is hereby directed to file a certified copy of this resolution with the Recorder's Office for the 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, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing resolution was passed and adopted this.20th day of March , 1979. ATTEST: Ci erk .H.. Fitzpatrick 9 R 3803 G Approved as to form: City Attorney Approved as to content: City Administilat ive Officer Community De elopment irector C I J AGREEMENT CONDITIONS OF USE OF ACCESSORY STRUCTURES UPON APPROVAL OF REQUEST FOR ENTITLEMENT This agreement, made and entered into this day of 19 by and between (hereinafter called "Owner ") and the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter called "City "). W I T N S S'E'T H: WHEREAS, Owner has made application with City for approval of a and WHEREAS, approval of said by City entitled Owner to modify or construct an accessory struc- ture (described and delineated on Exhibit "A ", attached hereto and incorporated herein by this reference) on Owner's property at.......... , San Luis Obispo, California (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, THEREFORE, in consideration of the mutual benefits, promises and agreements set out 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 delineated in Exhibit "A ", as approved by No. 2. Owner agrees: a. That the described accessory building shall not be used for residential purposes unless and until it and the property meet all residential requirements, including but not limited to density (units /acre), parking, setback, access and applicable Building Code provisions. b. That this agreement shall be binding upon and shall inure to the benefit of, the heirs, assigns and all other successors in interest of the parties hereto.. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first written above. ATTEST: .... ..... .................. City Clerk Owner: CITY OF SAN LUIS OBISPO ........... ... . Community Development Director -2 RESOLUTION NO. 3802 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND TED ELDER ASSOCIATES.FOR LANDSCAPE ARCHITECT SERVICES 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 Ted Elder Associates for landscape architect services as needed byi. the Community Development Department, 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: Ted Elder Associates, Community Development Department and Finance Department. On motion of Councilman Settle seconded by Councilman Dunin , 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: �,- f 'Mdrk J.H. Fitzpatrick . C: Approved as to form: Approved as to content: City Attorney Ci y nis ive Officer Community Dev lopment a rector 0 0 AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES This agreement, made and entered into this 20th day of March , 1979, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City ", and Ted Elder & Associates . hereinafter called "Consultant." f W I T N E S S E T H In consideration of their mutual covenants, the parties hereto agree as follows: 1. EMPLOYMENT. City hereby engages Consultant and Consultant hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. SCOPE OF SERVICES. Pursuant to this agreement., from time to time at City's direction Consultant shall provide City landscape architectural design and planning consultation services for selected private development projects submitted for City approval and for selected City improvement projects. Consultant shall perform said professional services only when authorized in writing by the City. C 3. STATUTES, ORDINANCES AND REGULATIONS. Consultant agrees that he will adhere to all federal, state and local statutes, ordinances and regulations in the per- formance of his duties. 4. COMPENSATION. a. The fee paid by the City to the Consultant for services rendered under the provisions of this agreement shall be computed on a time and material basis, utilizing the fee schedule outlined below. b. Consultant shall be entitled to reimbursement for all costs and expenses advanced.. or .incurred by it including,...but_.______...._ not limited to, long distance telephone and travel expenses in the event travel is necessary outside the City of San Luis Obispo. c. For selected projects, City shall require Consultant to furnish the approximate time required to render the foregoing services, and the amount shall be agreed upon prior to the commence- ment of work on said project. 5. PAYMENT. Consultant shall bill City for consulting fees and costs monthly, on or before -the 15th day of the month for any work per- formed during the preceeding calendar month. These billings shall set forth the services rendered, the date on which the services were rendered and the time spent rendering the service. City shall pay consultant within thirty days following receipt of billing. _, 2 Schedule of Fees 1. Principal $ 25.00 per hour 2. Associate $ 15.00 per hour 3. Other Staff $ 12.50 per hour 4. $ per hour b. Consultant shall be entitled to reimbursement for all costs and expenses advanced.. or .incurred by it including,...but_.______...._ not limited to, long distance telephone and travel expenses in the event travel is necessary outside the City of San Luis Obispo. c. For selected projects, City shall require Consultant to furnish the approximate time required to render the foregoing services, and the amount shall be agreed upon prior to the commence- ment of work on said project. 5. PAYMENT. Consultant shall bill City for consulting fees and costs monthly, on or before -the 15th day of the month for any work per- formed during the preceeding calendar month. These billings shall set forth the services rendered, the date on which the services were rendered and the time spent rendering the service. City shall pay consultant within thirty days following receipt of billing. _, 2 6. OBLIGATION OF CITY. City is under no obligation to make any payments to Consultant hereunder unless and until City directs Consultant to perform work as described in Section 2, above. 7. CONSULTANT'S RESPONSIBILITY. At City's direction Consultant shall attend conferences with City staff as may be necessary to assure proper performance of this agreement. Consultant agrees to use his best efforts to carry out the terms specified in this agreement and City agrees not to interfere with this• effort. 8. RESPONSIBILITIES OF THE CITY. The City shall cooperate with the Consultant on all phases of the planning covered by this agreement and will make available to him, as needed, all maps, topographic maps, aerial photographs and other similar data in possession of the City regarding the project for which services are being rendered here- under. 9. TERM OF AGREEMENT. This agreement shall commence on the date first written above and shall terminate only as provided in Section 10. 10. TERMINATION OF AGREEMENT FOR CONVENIENCE OF PARTIES. Either party may terminate this agreement at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination. Consultant shall be paid for all work satisfactorily completed prior to the effective date of such termination. 11. TERMINATION OF CONTRACT FOR CAUSE. If Consultant fails to fulfill in a timely and profession- al manner his obligation under this agreement, or if Consultant -3- shall violate any of the terms of this agreement, City shall have the right to terminate this agreement effective immediately upon the City's giving written notice thereof to Consultant. Consultant shall be paid for all work satisfactorily completed prior to the effective date of such termination. 12. ATTORNEY FEES. In the event either party to this agreement brings suit to enforce any provision of this agreement, the prevailing party shall recover from the losing party a reasonable sum for attorney's fees incurred in such suit, which sum shall be fixed by the court. 13. AMENDMENTS. The parties hereto may modify the terms of this agreement by mutual written consent. 14. NONDISCRIMINATION. There shall be no discrimination against any person em- ployed pursuant to this agreement in any manner forbidden by law. 15. CONFLICT OF INTEREST. Consultant in performing his duties as set forth in Paragraph 2 shall avoid any conflict of interest with the City, as "conflict" is defined and interpreted within Section 1090 of the Government Code. 16. TI14E IS OF THE ESSENCE. Time is of the essence of this agreement and Consultant shall pursue the work provided for with such diligence as to com- plete the work expeditiously. 17. SUCCESSORS AND ASSIGNS. This agreement covers professional services of a specific and unique nature and the Consultant shall not assign, sublet, or transfer his interest in this agreement without the prior written consent of City. -4- O 18. COPYRIGHT. J No reports, maps, documents or other materials produced in whole or in part under this agreement shall be subject to an application for copyright by or on behalf of Consultant. 19. FINDINGS CONFIDENTIAL. No reports, maps, information, documents, or any other materials given to or prepared by Consultant under this agreement shall become the property of Consultant—or shall be made available to any individual or organization by Consultant without the prior written approval of City. 20. INSURANCE. During the term of this agreement Consultant shall keep in full force and effect worker's compensation, general liability and professional liability insurance in form and amounts satis- factory to City. Upon request of City Consultant shall be required to provide proof of such insurance. 21. ADMINISTRATION. City hereby designates and empowers the Director of Community Development, or his designee, and Consultant hereby designates and empowers Ted Elder , to act as their representative principals in the administration of this agreement. 22. INDEMNITY. Consultant hereby agrees to indemnify and save harmless City, its officers, agents and employees of and from: a. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of any person or damage suffered or sus- tained by any person or corporation caused by, or alleged to have -5- � o been caused by, any act or omission, negligent or otherwise, of Consultant under this agreement or of Consultant's employees or agents; b. Any and all damage to or destruction of the property of City, its officers agents or employees occupied or used by or in the care, custody, or control of Consultant, or.in proximity to the site of Consultant's work, caused by any act or omission, negligent or otherwise, of Consultant under this agreement or of Consultant's employees or agents; c. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Consultant under this agreement, however caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of City, its officers, agents, or employees; d. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit. Consultant, at his own -cost, expense, and risk, shall defend any and all suits, actions, or other- legal proceedings that may be brought or instituted by third persons against Com- mission, its officers, agents, or employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against the City, its officers, agents, or employees in any such.suit, action, or other legal proceeding.. IM. M 23. NOTICES. 17 All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To City: City of San Luis Obispo Community Development Director P. 0. Box 321 - San Luis Obispo, CA 93406 To Consultant: Ted Elder & Associates 1108 Garden Street, Suite 201 San Luis Obispo, CA 93401 24. INDEPENDENT CONTRACTOR. Notwithstanding any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Consultant at all times covered by the terms of this agreement is acting as a free and independent . contractor, and not as an employee of City. IN WITNESS WHEREOF, the parties hereto have executed - this' - -- - - -- agreement the day and year first above written. CONSULTANT: OF SAN LUIS OBISPO icipal Corporation Dtyor Kenneth E. ScFwar ATTEST: 1/ C r t J.H. Fitzpatrick i Approved as to form: Approved as to content: City Attorney in' rative officer Community Vevelopmolt Director -8- RESOLUTION NO. 3801 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ENVIRONMENTAL RESOURCES FOR LANDSCAPE ARCHITECT SERVICES. 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 Environmental Resources (Gerety -Loh) for landscape architect services as needed by the Community Development Department, 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: Environmental Resources, Community Development Department, and Finance Department On motion of Councilman Settle , seconded by Councilman Dunin_ 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 19 79. ATTEST: Ci c J.H. Fitzpatrick R 3801 0 Approved as to form: Approved as to content: City Attorney inistrative Officer Community De lopmen irector . a AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES This agreement, made and entered into this 20th day of March , 1979, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City ", and ENVIRONMENTAL RESOURCES , hereinafter called "Consultant." W I T N E S S E T H: In consideration of their mutual covenants, the parties hereto agree as follows: 1. EMPLOY1M=T. City hereby engages Consultant and Consultant hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. SCOPE OF SERVICES. Pursuant to this agreement, from time to time at City's direction Consultant shall provide City landscape architectural design and planning consultation services for selected private development projects submitted for City approval and for selected City improvement projects. Consultant shall perform said professional services only when authorized in writing by the City. C • 3. STATUTES, ORDINANCES AND REGULATIONS. Consultant agrees that he will adhere to all federal, state and local statutes, ordinances and regulations in the per- formance of his duties. 4. COMPENSATION. a. The fee paid by the City to the Consultant for services rendered under the provisions of this agreement shall be computed on a time and material basis, utilizing the fee schedule outlined below. Schedule of Fees 1. Principal $_25.00 per hour 2. Draftsperson $ 15.00 per hour 3. Secretary $ 12.50 per hour 4. $ per hour b. Consultant shall be entitled to reimbursement for all costs and expenses advanced or incurred by it including, but not limited to, long distance telephone and travel expenses in the event travel is necessary outside the City of San Luis Obispo. c. For selected projects, City shall require Consultant to furnish the approximate time required to render the foregoing services, and the amount shall be agreed upon prior to the commence- ment of work on said project. 5. PAYMENT. Consultant shall bill City for consulting fees and costs monthly, on or before the 15th day of the month for any work per- formed during the preceeding calendar month. These billings shall set forth the services rendered, the date on which the services were rendered and the time spent rendering the service. City shall pay consultant within thirty days following receipt of billing. -2- C J 6. OBLIGATION OF CITY. City is under no obligation to make any payments to Consultant hereunder unless and until City directs Consultant to perform work as described in Section 2, above. 7. CONSULTANT'S RESPONSIBILITY. At City's direction Consultant shall attend conferences with City staff as may be necessary to assure proper performance of this agreement. Consultant agrees to use his best efforts to carry out the terms specified in this agreement and City agrees not to interfere with this effort. 8. RESPONSIBILITIES OF THE CITY. The City shall cooperate with the Consultant on all phases of the planning covered by this agreement and will make available to him, as needed, all maps, topographic maps, aerial photographs and other similar data in possession of the City regarding the project for which services are being rendered here- under. 9. TERM OF AGREEMENT. This agreement shall commence on the date first written above and shall terminate only as provided in Section 10. 10. TERMINATION OF AGREEMENT FOR CONVENIENCE OF PARTIES. Either party may terminate this agreement at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination. Consultant shall be paid for all work satisfactorily completed prior to the effective date of such termination. 11. TERMINATION OF CONTRACT FOR CAUSE. If Consultant fails to fulfill in a timely and profession- al manner his obligation under this agreement, or if Consultant -3- • shall violate any of the terms of this agreement, City shall have the right to terminate this agreement effective immediately upon the City's giving written notice thereof to Consultant. Consultant shall be paid for all work satisfactorily completed prior to the effective date of such termination. 12. ATTORNEY FEES. In the event either party to this agreement brings suit to enforce any provision of this agreement, the prevailing party shall recover from the losing party a reasonable sum for attorney's fees incurred in such suit, which sum shall be fixed by the court. 13. AMENDMENTS. The parties hereto may modify the terms of this agreement by mutual written consent. 14. NONDISCRIMINATION. There shall be no discrimination against any person em- ployed pursuant to this agreement in any manner forbidden by law. 15. CONFLICT OF INTEREST. Consultant in performing his duties as set forth in Paragraph 2 shall avoid any conflict of interest with the City, as "conflict" is defined and interpreted within Section 1090 of the Government Code. 16. TIME IS OF THE ESSENCE. Time is of the essence.of this agreement and Consultant shall pursue the work provided for with such diligence as to com- plete the work expeditiously. 17. SUCCESSORS AND ASSIGNS. This agreement covers professional services of a specific and unique nature and the Consultant shall not assign, sublet, or transfer his interest in this agreement without the prior written consent of City. -4- 18. COPYRIGHT. • No reports, maps, documents or other materials produced in whole or in part under this agreement shall be subject to an application for copyright by or on behalf of Consultant. 19. FINDINGS CONFIDENTIAL. No reports, maps, information, documents, or any other materials given to or prepared by Consultant under this agreement shall become the property of Consultant or shall be made available to any individual or organization by Consultant without the prior written approval of City. 20. INSURANCE. During the term of this agreement Consultant shall keep in full force and effect worker's compensation, general liability and professional liability insurance in form and amounts satis- factory to City. Upon request of City Consultant shall be required to provide proof of such insurance. 21. ADMINISTRATION. City hereby designates and empowers the Director of Community Development, or his designee, and Consultant hereby designates and empowers Patrick Gerety or Alice Loh , to act as their representative principals in the administration of this agreement. 22. INDEM.NITY. Consultant hereby agrees to indemnify and save harmless City, its officers, agents and employees of and from: a. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of any person or damage suffered or sus- tained by any person or corporation caused by, or alleged to have -5- • been caused by, any act or omission, negligent or otherwise, of Consultant under this agreement or of Consultant's employees or agents; , b. Any and all damage to or destruction of the property of City, its officers, agents or employees occupied or used by or in the care, custody, or control of Consultant, or in proximity to the site of Consultant's work, caused by any act or omission, negligent or otherwise, of Consultant under this agreement or of Consultant's employees or agents; c. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Consultant under this agreement, however caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of City, its officers, agents, or employees; d. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit. Consultant, at his own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons against Com- mission, its officers, agents, or employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against the City, its officers, agents, or employees in any such suit, action, or other legal proceeding.• CM 23. NOTICES. 0 All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To City: City of San Luis Obispo Community Development Director P. 0. Box 321 San Luis Obispo, CA 93406 To Consultant: ENVIRONMENTAL RESOURCES 1141 Marsh Street San Luis Obispo, CA 93401 24. INDEPENDENT CONTRACTOR. Notwithstanding any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Consultant at all times covered by the terms of this agreement is acting as a free and independent contractor, and not as an employee.of City. IN WITNESS WHEREOF,-- -the parties hereto have executed this agreement the.day and year first above written. ATTEST:_ Cert J.H. Fitzpatrick CONSULTANT: ENVIRONMENTAL RESOURCES OF SALT �dIS7OBISPO icipal Corporation Approved as to form: Approved as to content: A&ju a L L%^, P -- "'Za&,� City Attorney Ci AcTifti istrative Officer o� Community evelol& nt Director RESOLUTION NO. 3800 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BEWEEN THE CITY AND SEDES FOR LANDSCAPE ARCHITECT SERVICES 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 SEDES for landscape architect services as needed by the Community Develop- ment Department, 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: SEDES, Community Development Department and Finance Department On motion of Councilman Settle seconded by Councilman_Dunin 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 19 79. ATTEST: erk J.H. Fitzpatrick Approved as to form: City Attorney o Approved as to content: Ile ni t ative Officer 4 Community Devtlopment &&rector Q AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES This agreement, made and entered into this 20th day of March , 1979, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City ", and SEDES hereinafter called "Consultant." W I T N E S S E T H: In consideration of their mutual covenants, the parties hereto agree as follows: - 1. EP:PLOYi -U;NT. City hereby engages Consultant and Consultant hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set.forth, all pursuant to the terms and conditions herein. 2. SCOPE OF SERVICES. Pursuant to this agreement. from time to time at City's direction Consultant shall provide City landscape architectural design and planning consultation services for selected private development projects submitted for City approval and for selected City improvement projects. Consultant shall perform said professional services only when authorized in writing by the City. C 3. STATUTES, ORDINANCES AND REGULATIONS. Consultant agrees that he will adhere to all federal, state and local statutes, ordinances and regulations in the per- formance of his duties. 4. COMPENSATION. a. The fee paid by the City to the Consultant for services rendered under the provisions of this agreement shall be computed on a time and material basis, utilizing the fee schedule.outlined below. Schedule of Fees 1. Principal 2. Associate 3. Other Staff 4. $ 25:00 _ per hour $ 15.00 per hour $ 12.50 per hour $ per hour b. Consultant shall be entitled to reimbursement for all costs and expenses advanced or incurred by it including, but..___ _ not limited to, long distance telephone and travel expenses in the event travel is necessary outside,.the City of San Luis Obispo. c. For selected projects, City shall require Consultant to furnish the approximate time required to render the foregoing services, and the amount shall be agreed upon prior to the commence- ment of work on said project. 5. PAYMENT. Consultant shall.bill City for consulting fees and costs monthly, on or before the 15th day of the month for any work per- formed during the preceeding calendar month. These billings shall set forth the services rendered, the date on which the services were rendered and the time spent rendering the service. City shall pay consultant within thirty days following receipt of billing. -2 6. OBLIGATION OF CITY. City is under.no obligation to make any payments to Consultant hereunder unless and until City directs Consultant to perform work as described in Section 21 above. 7. CONSULTANT'S RESPONSIBILITY. . At City's direction Consultant shall attend conferences with City staff as may be necessary to assure proper performance of this agreement. Consultant agrees to use his best efforts to car -ry out the terms specified in this a- greement and City agrees not to interfere with this effort. 8. RESPONSIBILITIES OF THE CITY:_ The City shall cooperate.with the Consultant on all phases of the. planning covered by this agreement and will make available to him, as needed, all maps, topographic maps, aerial photographs and other similar data in possession of the City regarditg the project for which services are being rendered here- under. 9. TERM OF AGREEMENT. This agreement shall commence on the date first written above and shall terminate only as provided.in.Section.10. 10. TERMINATION OF AGREEMENT FOR CONVENIENCE OF PARTIES. Either party may terminate this agreement at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of.such termination. Consultant shall be paid for all work satisfactorily completed prior to the effective date of such termination. 11. TERMINATION OF CONTRACT FOR CAUSE. If Consultant.fails to fulfill in a timely and profession- al manner- his obligation under this agreement, or if Consultant -3_ shall violate any of the terms of this agreement, City shall have the right to terminate this agreement effective immediately upon the City's giving written notice thereof to Consultant. Consultant shall be paid for all work satisfactorily completed prior to the effective date of such termination. . 12. ATTORNEY FEES. In the event either party to this agreement brings suit to enforce any provision of this agreement, the prevailing party shall recover from the losing party a reasonable sum for attorney's fees incurred in such suit, which sum shall be fixed by the court. 13. AMENDMENTS. The parties hereto may modify the terms of this agreement by mutual written consent. 14.. NONDISCRIMINATION. There shall be no discrimination against any person em =. ployed pursuant to this agreement in any manner forbidden by law.. 15. CONFLICT OF INTEREST. Consultant in performing his duties as set forth in Paragraph 2 shall avoid any conflict of interest with the City, as "conflict" is defined and interpreted within Section 1090 of the Government Code. 16. TIME IS OF THE ESSENCE. Time is of the essence of this agreement and Consultant shall pursue the work provided for with such diligence as to com- plete the work expeditiously. 17. SUCCESSORS AND ASSIGNS. This agreement covers professional services of a.specifc and unique nature and the Consultant shall not assign,.sublet; or transfer his interest in this agreement without the prior written consent of City. -4 18. COPYRIGHT. No reports, maps, documents or other materials produced in whole or in part under this agreement shall be subject to an application for copyright by or on behalf of Consultant. 19. FINDINGS CONFIDENTIAL. No reports, maps, information, documents, or any other materials given to or prepared by Consultant under this agreement .shall become the property of Consultant :or shall be made available to any individual or organization by Consultant without the prior written approval of City. 20. INSURANCE. During the term of this agreement Consultant shall keep in full force and effect worker's compensation, general liability and professional liability insurance in form and amounts satis- factory to City. Upon request of City Consultant shall be required to provide proof of such insurance. 21. ADMINISTRATION. City hereby designates and empowers the Director of Community Development, or his designee, and Consultant hereby designates and empowers Dale A. Sutliff or Jerry D. Emery to act as their representative principals in the administration of this Agreement.. 22. INDEIAMITY. Consultant hereby agrees to indeinnify.and save harmless City, its officers, agents and employees of and from: a. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of any person or damage suffered or sus- _ tained by any person or corporation caused by, or alleged to have -5- : been caused by, any act or omission, negligent or.otherwise, of Consultant under this agreement or of Consultant's employees or agents; b. Any and all damage to or destruction of the property of City, its officers, agents or employees occupied or used by or in the care, custody, or control of Consultant, or in proximity to the site of Consultant's work, caused by any act or omission, negligent or otherwise, of Consultant.under this agreement or of Consultant's.employees or agents; C. Any and all claims and demands which may be made- against City, its officers, agents, or employees by reason of any injury to or death of or damage.suffered or sustained by any employee or agent of Consultant under- this agreement, however caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of City, its officers, agents, or employees; d. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit. Consultant, at his own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons against Com- mission, its officers, agents, or employees on any such.claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against the City, its officers, agents, or employees in any such suit, action, or other legal proceeding.• CM 23. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by, certified mail, addressed as follows: To City: City of San Luis Obispo Community Development Director. P. b. Box 321 San Luis Obispo, CA 93406 To Consultant: SEDES 1041 Chorro Street. San Luis Obispo, CA 93401 24. INDEPENDENT CONTRACTOR. Notwithstanding any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Consultant at all times covered by the terms of this agreement is acting as a free and independent contractor, and not as an employee of City. IN WITDTESS WHEREOF, the parties hereto have executed this ------- - - - - -- agreement the day and year first above written. CONSULTANT: OJ414(O - CITY OF SALT LOIS OBISPO A Municipal Corporation ATTEST: C er-k J.H. Fitzpatrick Approved as to form: Approved as to content: City Attorney City ,Xdminist'rative Officer Community',Development Director i Q ��