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HomeMy WebLinkAbout3850-3899RESOLUTION N0.3899 (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: MUNICIPAL PARKING LOTS IMPROVEMENT CITY PLAN NO.: C -30 ESTIMATE: $4,647.30 BUDGET ACCOUNT: 51- 6863 -000 BIDDER: Clean Sweep BID AMOUNT: $7,396.40 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 Bond 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 1979. .ATTEST: Approved as to form: Approved as to content: City Attorney George Thacher City ministrati ficer Leland Walton R 3899 -1 J RESOLUTION NO. 3898(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: SINSHEIMER PARKING LOT BIDS CITY PLAN NO.: C -22 ESTIMATE: $30,250,00 BUDGET ACCOUNT: 40- 5762 -748 BIDDER: Hi -Way Contractors Inc. BID AMOUNT: $35,542.00 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 Councilwoman_Billig 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 1979, ATTEST: .H. Fitzpatrick ed this 3rd day of July , Approved as to form: Approved as to content: City Attorney George Thacher Cit Administrative Officer Leland-Walton Funds Available: in R.0 Muravez R 3898 r RESOLUTION NO. 3897 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO ACCEPT COVENANTS FOR IMPROVEMENTS WITHIN CITY RIGHTS -OF -WAY. 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 accept covenants allowing construction of temporary improvements (form agreement attached hereto) on behalf of the City of San Luis Obispo, as may be necessary from time to time. On motion of Councilman Bond and on the following roll call vote: seconded by Councilman Dunin. , AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and ad July , 1979. ATTEST: Cit rCJ.H. Fitzpatrick Approved as to form: /QV'" City Attorney Approved as to content: ity ministrative Officer Community evelop en Director ''City Engineer R 3897 AGREEMENT AFFECTING REAL PROPERTY PERMIT FOR TEMPORARY ERECTION OF IMPROVEMENTS.WITHIN THE PUBLIC RIGHT -OF -WAY FOR AND IN CONSIDERATION of.the issuance of this revocable permit to erect improvements temporarily within the public right -of -way, said improve- ments consisting of: the undersigned owners of the real property hereinafter described, hereby cov- enant with the City of San Luis Obispo to remove said improvements without cost to said City-upon thirty (30) days written notice, which may be given by the City at any time at its sole option and discretion.. If the owner does not remove the encroachment authorized herein when re- quested by the City, City may proceed to require removal under its nuisance abatement ordinance and to assess the cost of said removal against the real property described herein. Said property is located in the City of San Luis Obispo, County of San Luis Obispo, State of California, and is described as follows: This covenant shall run with the land and shall be binding upon the under- signed owners, their heirs, executors, administrators, and assigns. DATED this STATE OF CALIFORNIA_ ) ) ss COUNTY OF SAN LUIS OBISPO) day of Owner rtgagee On before me, the undersigned, a Notary Public in and for said.County and State, personally appeared known to me to be the persons who executed the within instrument, and acknowledged to me that executed the same. WITNESS my hand and official Seal. (If this document is executed by a Corporation, appropriate notary acknowledgment is required.) follows: U � RESOLUTION NO. 3896 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND H. DIETER HEINZ, FOR CONSULTING CHEMIST SERVICES THROUGH JUNE 30, 1980. BE IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and H. Dieter Heinz, for consulting chemist services through June 30, 1980, 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: H. Dieter Heinz, the Director of Public Services, the Director of Finance and the Director of Personnel. On motion of Councilman Bond , 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 3rd day of July , 1979. ATTEST: City erc . Fitzpatrick R 3896 N Approved as to form: Approved as to content: City Adm istrative Officer i L Director of Public Services Director, nance Personnel Drecto- AGREEMENT FOR.PERSONAL SERVICES. THIS AGREEMENT, is by and between THE CITY OF SAN LUIS OBISPO, a chartered municipal corporation (hereinafter referred.to as "City "), and H._ DIETER HEINZ, an independent contractor providing consulting chemist services (hereinafter referred to as "Chemist "). WITNESSETH: WHEREAS, H. Dieter Heinz is a qualified chemist capable of analyzing and monitoring the City's domestic water supply; and WHEREAS, the City desires to employ him as an independent contractor to provide certain services not currently performed in detail by City em- ployees or available ::ithift City services; NOW, THEREFORE, City and Chemist for an in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. Beginning July 1, 1979, Chemist agrees to provide services to the City in accordance with the scope of work outlined in Exhibit "A "attached hereto and thereby incorporated herein. Said services shall continue through June 30, 1980, providing, however, that either party may terminate this Agree- ment by two weeks written notice to the other party. The general duties to be performed by said Chemist shall be at the direction of the Director of Public Services 2. Notwithstanding any other representations, oral or written, be- tween the parties;` including any and all agents or representatives thereof, Chemist, at all times covered by the terms of this Agreement, is acting as a free and independent contractor, and not as an employee of the City. Any and all supervision and direction by the Director of Public - Services shall be only that necessary to provide broad general outlines,. and Chemist is to use his own initiative and discretion in performing the details of his.work, provided, however, that Chemist may consult with Public Services staff as he desires. 3. .City agrees to provide laboratory space and supplies necessary for performance under. this Agreement, subject to purchase authorization by the City. 4. City agrees to pay Chemist the sum of $1,106.25 per month for his services, payable in accordance with regular City payment procedures. Chemist agrees to provide a minimum of fifty -nine (59) hours service per month and will submit a detailed statement of the services provided prior to payment. Chemist shall not accrue vacation, sick leave, or other similar benefits including workers compensation and unemployment insurance benefits available to regular City employees. 5. City agrees to reimburse Chemist for authorized use of his personal vehicle on City business at the rate of 15� per mile and to provide •Chemist with a parking permit for lot #8. 6. This is an agreement for personal services and is not assignable without the prior written consent of City. 7. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified U.S. Mail to the following addresses: City: City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 Chemist: H. Dieter Heinz P. 0. Box 3193 Pismo Beach, CA 93449 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be eizecut ed . -2- . ATTEST: 0 0 CHEMIST H. Dieter Heinz CITY OF SAN LUIS OBISPO S /LYNN R. COOPER Mayor Lynn R. Cooper S/J.H. Fi T ZPATRICK _ City Clerk J. H. Fittipatrick Approved as to form: Approved as to content: City Attorney City A is tive Officer Director of Public Services irisc tor-'bf` F inanc e Personnel DirecVft 0 0 SCOPE OF WORK - CITY CONSULTING CHEMIST To serve as City Chemist performing such services as: a) Complete chemical analysis and identification of drugs and related compounds b) Hair comparison and analysis c) Paint analysis d) Soil chemistry: analysis and recommendation for better plant growth e) Fertility— tissue analysis f) Pesticide residues: identification and analysis g) Identification of any foreign matter, either solid, gaseous or liquid h) Any quality control analysis - and /or product specification i) Petroleum products: analysis and recommendations j) Corrosion studies: steel., building materials, etc.. k) Trace metal analysis 1) Steel certification by chemical and physical examination T) Air pollution: monitoring, sampling and testing: Particle matter Hydrocarbons Sulfur Dioxide Carbon Monoxide Oxides of Nitrogen n) Certification and analysis of explosives, primers, detonators, etc. o) Consulting and assisting on-sewer source control program _.._...__. _ p) Consulting.and assisting on cathodic protection program q) Analysis of sewer samples EXHIBIT "A" RESOLUTION NO. 3895(1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND HENRY J. AND RUTH L. CAVIGLI FOR WIDENING CALIFORNIA BLVD. 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 Henry J. and Ruth L. Cavigli for widening of California Blvd at the northeasterly corner of Phillips Lane 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: Henry J. and Ruth L. Cavigli and City Engineer On motion of Councilman Bond , 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 1979. ATTEST: City erc�-, J.H. Fitzpatrick Approved as to form: City Attorney, George Thacher f 3rd R. C Approved as to content: day of July 1 R 3895 J r.11WA lu1Y_1*ZVq J ii) e This agreement, made and entered into this __ -day of 1979, by and between HENRY J. CAVIGLI (hereinafter, "Cavigli ") and the CITY OF SAN LUIS OBISPO (hereinafter, "City "), a municipal corporation.of California: WITNESSETH: 1. Cavigli shall convey to city 782 square feet (0.018 acres), more or less, lying along California Boulevard, as shown on Exhibit "A ", attached hereto and incorporated herein by this reference. 2. Cavigli shall construct sidewalk, curb, gutter and handicap ramp in California Boulevard in conformance with the new alignment as shown on attached "Exhibit "A ". 3. City shall pay to Cavigli the sum of six thousand dollars ($6,000) for total compensation for said conveyance, including the equivalent cost of a 2 foot high retaining wall at the back of sidewalk where a 2:1 slope is not attainable, in accordance with the Municipal Code. The payment shall be made upon satisfactory completion of the improvements by Cavigli. 4. City shall provide all necessary engineering, relocate utilities and provide necessary drainage improvements as necessary, and paveout the street to the new gutter. IN WITNESS WHEREOF, this agreement has been executed by RUTH L. CAVIGLI HENRY J. C IG CITY OF SAN LUIS OBISPO A Municipal Corporation s /LYNN R. COOPER _ LYNN R. COOPER, MAYOR -: ATTEST:.. _. _.._. s /J.H. FITZPATRIC : City Clerk J.H. Fitzpatrick Approved as to form: Approved_ as t content: City Attorney City Administrative Officer _. City Eng ;eer _ id1 \ _ 9.0=6 °55 lil'- Z 3 `u Z d�F1 LU Z 4 1 - - - -- U .= tl. o Q O - w V71 t- Ny lacc -i � � n ...V •- 06� _.... ldladtJ RECORDING REQUESTED BY, ^ City Clerk's Office P.O. Box 321 San Luis Obispo, CA. 93406 AND WHEN RECORDED MAIL TO Name Office of the City Clerk P.O. Box 321 Street Addreu ,I4 San Luis Obispo, CA 93406 City 6 State I IV VVJ 1 J SPACE ABOVE THIS LINE. FOR RECORDER'S USE - AFFIX I.R.S. 3 ... .................IS THIS SPACE Grant Deed THIS FORM FURNISMEO RY TITLE- INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION; receipt of which is hereby acknowledged, hereby GRANT(S) to HENRY J. CAVIGLI and RUTH L. CAVIGLI the CITY OF SAN LUIS OBISPO the following described real property in the City of San Luis Obispo, County of San Luis Obispo , State of California: All that portion of Lot L of the C. H. Phillips Addition to the Town of San Luis Obispo as recorded.in Book A of Maps at Page 49 in the Office of the County Recorder of the County of San Luis Obispo, as granted to Henry J. and Ruth L. Cavigli by a deed dated April 7, 1978 and recorded in Volume 2094 of Official Records at Page 600 in the Office of the County Recorder of said County, lying southwesterly of the following described line: (See Exhibit A) Dated ��""� "� / 77 STATE OF CAI;IFORNIIA / }SS. COUNTY OFS.,.,i ./pA��O / :c ,e�-a JJ On jV/2°• 'V.3, 4 /S'Z before me. the under - si^ d, a Notary Public in and for said State. personally appeared i known to me to be the person`' _whose name S._ subscribed to the within instrument and acknowledged that 144e42 executed the same. WITNESS my hand and official seal. / Signature ir4&� �QSS �rre�/ Name (Typed or Printed) OFFICIAL SII:Ab J NOTAIZYEPUBLIC E C PALI ORNIA SAN LUIS OBISPO COUNTY MY wtiun. expires MAR 18, 1981 Title Order No. Escrow or Loan No. (Tbis area for u ®cial nmarlal seal) EXHIBIT A Beginning at the centerline intersection of California Blvd.and Phillips Lane (formerly Ida Street and Peach Street) as shown on a map filed in Book 4 of Licensed Surveys at Page 106 in the Office of the County Recorder of said County; thence along the centerline of Phillips Lane, as shown on said Licensed Survey. I+Iap, North 53040' East a distance of 38.00 feet; thence North 36020' West, parallel to the centerline of California Blvd, as shown on said Licensed Survey Map, a distance of 30.00 feet to the southeasterly property line of the aforementioned deeded land, being the true point of beginning; thence continuing parallel to said California Blvd. centerline a distance of 32.11 feet; thence along a tangent curve, concave to the southwest having a radius of 638.00 feet, to the northwesterly property line of the aforementioned deeded land. 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 Grant Deed dated June 23 1979, from Henry J. Cavigli and Ruth L. Cavigli 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: July 3, 1979 ATTEST: SIJ.H. FITZPATRICK J.H. Fitzpatrick, City Clerk CITY OF SAN LUIS OBISPO By s /LYNIN R. COOPER Lynn R. Cooper, Mayor -t k' f RESOLUTION NO. 3894 (1979 Series) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF GARDEN STREET BETWEEN HIGH_AND'BROAD STREETS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon a portion of Garden Street between High and Broad 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, August 7, 1979, at 7:30 P.M. in the Council Chambers of 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 accor- dance with Section 8322 of the Streets and Highways Code. R 3894 Resolution No. 389A.'�' (1979 Series) On motion of Councilman Bond , 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 wasspassed and adopted this 3rd day of July , 1979. ATTEST: City' r J. H. Fitzpatrick Approved as to form: /L/Z"' City Attorney Approved as to conte 6� City Adminilstrative Officer ity gin er 30" Nape= Co ity ev lopment D I ctor r �i Pf�S�NT �OAt� 5T. 1C.o.w. clT-r 5.1,.0. wrNzTY TO �5 A�,ANnONEP -� H IGH 5T. WAGNFK rKOMKT`t MAGM�>;KIN ffOf i:1Y ((� ` O O �weN I°�t'�TY U \ �Of�d 5T. FLAN LINE SAN DDrGOGK 57 EXH I SIT A N 0 >io 5(*&Le, RESOLUTION NO.3893 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE 1979 -80 ANNUAL TRANSPORTATION CLAIM. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The 1979 -80 Annual Transportation Claim, attached hereto, is hereby approved. 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 Bond , 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 3rd July , 1979. ATTEST: C' Clerk J.H. Fitzpatrick ZWU Approved as to form: City Attorney day of Approved as to content: City Administrative Officer City Engineer R 3893 RESOLUTION NO. 3892(1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF TRACT 816. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the final map of Tract 816 and the Planning Commission's recommendations, staff recommendations, and reports thereon, makes the following findings: 1. The final 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 physcially suitable for the proposed density of development. S. 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. This Council now hereby approves the final map of Tract 816, a reversion to acreage within San Luis Coastal Unified School District property located in the 1600 block of San Luis Drive. 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 3rd day of July , 1979. R 3892 Resolution No. 3892 ATTEST: C' erk J.H. Fitzpatrick Approved as to form: City Attorney (1979 Series) oper Approved as to content: City Administ ive Officer AA&4 �;� Community Dev lopment firector ty sneer I,o �Im Sao C ° I a V 4 T N \ a�am��ti r, I2 'rt rn Qym�4� Rai tiffs oeOi��3 l �rz.° 4a��yr�� ^tiy,p0ya a °��Q �4lO�LMb i Xi I'�"_Wa T 'N 0 z oa u� R l Ae. s� 4 x a i A / / Al ` z { ��.4p5� ova ti °� a�cn3 "me kt �o N la r fU , ,1 t g i °i 'fit 8c �C iIk e p c � r t y Z z 0 > ?a<A�pLA a� y N Z e A A %It R � R n C ° I a V 4 T N \ a�am��ti r, I2 'rt rn Qym�4� Rai tiffs oeOi��3 l �rz.° 4a��yr�� ^tiy,p0ya a °��Q �4lO�LMb i Xi I'�"_Wa T 'N 0 z oa u� R l Ae. s� 4 x a i A / / Al ` z { ��.4p5� ova ti °� a�cn3 "me kt �o N la r fU , ,1 t g i °i 'fit 8c �C iIk e RESOLUTION NO.3891(1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING FINAL PARCEL MAP SLO -78 -174 (JOHN KUDEN, APPLICANT) LOCATED AT 204 -290 MADONNA ROAD. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Minor Subdivision 78 -174 as contained in Resolution No. 3876 (1979 Series). SECTION 2. Whereas, a set -aside letter is on file with the city in the amount of $5,260.00 to guarantee installation of frontage improvements and street trees. SECTION 3. This Council hereby grants final approval of Minor Subdivision SLO -78 -174 and authorizes the Mayor to sign the agreement. On motion of Councilman Bond , 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 3rd day of July , 1979. ATTEST: City .H. Fitzpatrick 01117p_ Approved as to form: City Attorney Lynn R. "Cooper Approved as to content: / A 0 City Administrative Officer R 3891 RESOLUTION NO. 3890 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF MINOR SUBDIVISION SLO -79 -054, LOCATED AT 1103, 1121 AND 1137 HIGUERA STREET; 1170 AND 1190 MARSH STREET; AND 1111, 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 made certain findings concerning Minor Subdivision SLO -79 -054 as contained in Resolution No. 3834 (1979 Series). SECTION 2: Whereas a cashier's check in the amount of $1,300.00 to guarantee installation of street trees.has been deposited with the city. SECTION 3: This Council now grants final approval to Minor Subdivision SLO -79 -054 and authorizes the Mayor to execute the agreement. On motion of Councilman Bond , seconded by Councilman Dunin and on the following foll 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: City rk J.H. Fitzpatrick Approved a to form: Ci6 Attorney day of July , Approved as to content: City dministrative Officer s Cit y gineer R 3890 l � I 4 I• ' s gNT.9 w oos q esr, Lvy u'/ c av ue;t -.11 a I h � 0 4• �w J1'! 0 ,•` 't 4� :1 l • h • i _ ff • fr.s v' � y I u I t. p YY6 V n T � a F 6 � W L I 1 L P,x �1 NJ ft.f I G h 0 �w J1'! 0 ,•` 4� on h • i _ ff • fr.s � hh 1 L P,x �1 NJ ft.f I G h 0 �w J1'! 0 ,•` 4� on h • i _ ff • fr.s E O '. w�•n. t. p YY6 41 T � a 4 p S ' 1. • � V ll1' IA �y h a et •53 J5'�' 313 J>( /) � � ro Cr• � aM 3L kQ h: ' h n ub R:r{ 'n ;4 t. c • mou•o Lr 060 d .;6 iae •_ {v 4� :1:�C� - C Il1P,n ,GSA IL °a .Y III J1'! 0 ,•` 4� Zk _ ff • fr.s et •53 J5'�' 313 J>( /) � � ro Cr• � aM 3L kQ h: ' h n ub R:r{ 'n ;4 t. c • mou•o Lr 060 d .;6 iae •_ {v 4� :1:�C� - C Il1P,n ,GSA IL °a .Y Zk E O '. w�•n. t. p YY6 41 T � a RESOLUTION NO. 3889 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -114, LOCATED AT 2106 LOOMIS AND 416 BUENA VISTA 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- 114 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 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 R -1 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 ease- ments for access through or use of property within the proposed subdivision. Exceptions The following lot width exception is hereby approved, based upon the findings below: Parcel B 50' average width where 60' is normally required. 1. The adjustment authorized does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity.. 2. Because of special circumstances, notably the shape of the property, the strict literal application of the subdivision ordinance would deprive the property of privileges enjoyed by other properties in the vicinity. 3. Under the circumstances of this particular case, the variance requested carries out the spirit and intent of the subdivision ordinance. ;SECTION 2. That the approval of the tentative map for Minor Subdivision 79 -114 be subject to the following conditions: Conditions 1. Subdivider shall pay park in -lieu fees for proposed Parcel B. (Ordinance requirement M.C. 9100.3.12) 2. A temporary waiver of sidewalk installation is hereby granted, subject to the subdivider signing an agreement stating the sidewalk shall be installed within 30 days afternotice by the City Engineer -that the sidewalk is necessary. 3. Subdivider shall install street trees to the approval of the Public Services Department (Ordinance requirement M.C: 4300.9) 4. New lot corners shall be staked by a registered civil engineer or licensed surveyor. 5. Subdivider shall remove existing shed built across proposed lot line between Parcels A and B prior to final map approval. R 3889 Resolution No. 3889 (1979) MS 79 -114 - Page 2 On motion of Councilman Jorgensen, seconded by Councilman Bond, and on the following roll call vote: AYE: Counclmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOE: None ABSENT: None ':The. - foregoing resolution was passed and adopted this 1979. ATTEST: r J.'F'ftzpatrick, City Clerk Approved as to form: ova/ Geo ge Thacher, City Attorney KB:L 6/15/79 3rd day of July, A Approved as to c ntent: Leland ton, City Administrative Officer Henry Engen Comm ty Development Dir or f RESOLUTION NO. 3888 (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -1015 LOCATED AT 2238 -2252 BROAD STREET AND 2201 EMILY 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 -101 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of development which is permitted by the C -H zone. 3. The design is not likely to cause substantial environmental damage or cause.serious public health problems. 4. The design of the proposed subdivision will not conflict with the 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 -101 be subject to the following conditions: 1. Final map shall show vehicular and controlled pedestrian access rights to South Street for parcel A dedicated to the city by way of a one -foot reserve strip to the approval of the City Engineer. 2. Final map shall show vehicular access to Broad Street for parcel A„ with the exception of such driveways as may be approved by the Planning Commission, dedicated to the city by way of a one -foot reserve strip. 3... Subdivider shall dedicate sufficient area and improve with curb, gutter, sidewalk and street paving easterly portion of Alphonso Street to accommodate a standard cul -de -sac to the approval of the City Engineer. 4. Subdivider shall install and /or repair frontage improvements along Broad and Alphonso Street frontages to the approval of the City Engineer and Public Services Department. 5. Subdivider shall install interim frontage improvements at Emily and South Street intersection of parcel A to the approval of the City Engineer and Public Services Department. 6. Subdivider shall install street trees on all frontages of parcel A except South Street to the approval of the Public Services Department. 7. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. 8. Subdivider shall install storm drainage improvements and .provide storm drainage - easements_ to- the approve of the_City-Engineer prior to approval of the final map. On _moti_oR of:CouncilmanJorgensen, seconded by Councilman Dunin, and on following roll call vote: - AYE: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOE: None ABSENT: None R 3888 Minor Subdivision 79 -101 The foregoing resolution was passed and adopted this 3rd day of duly, 1979_. ATTEST: C < .H. Fitzpatrick Approved as to form: City Attorney (1979) Approved as to content: City Ad trative Officer Community Development Department C, 2 RESOLUTION, NO. 3881 (1979 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 78 -86, LOCATED AT 1425 WOODSIDE DRIVE (HACIENDA HOSPITAL, APPLICANT). WHEREAS, Hacienda. Hospital, Inc. has made application for a minor. subdivision (M.S. .78 =86) which would create three lots from the one existing at 1425 Woodside Drive, whereon is located Hacienda Hospital, a convalescent'. hospital; and WHEREAS, by Resolution No. 3779 (1979 Series) this council previously has denied approval of M.S. 78=86; and WHEREAS, following the denial applicant filed a petition for writ of mandamus (San Luis Obispo County Superior Court, No. 51331) requesting that the Court set aside the denial on specified grounds; and WHEREAS, following a hearing on the petition for writ of mandamus, the court issued the following order: - and [City] hereby is directed within sixty (60) days from, the date of this, order to review its decision dated February N, 1979,.in-the , administrative proceedings.'. entitled Resolution No. 3779 (1979 Series), rehear the application for minor subdivision' denied_bp said::' decision, and to substantiate the findings made in said resolution in light of the evidence considered;" WHEREAS, pursuant to the court's order on June 19, "1979, the council reviewed its previous decision and reheard the previously denied application for M.S. 78 -86; and R 3887 Resolution No. 3887 (1979 Series) WHEREAS, as part of said review and rehearing the council considered all the comments and materials set out in.Resolution No. 3779, as well as comments made at the June 19.; 1979; meeting and all materials contained in the June 19, 1979, coundil agenda packet relating to M.S. 78 -86; NOW,_THEREFORE, BE I.T RESOLVED by the Council.of the City of San Luis Obispo as follows:. SECTION 1. The comments and materials mentioned hereinabove have shown all of the following: a. The parcel.sought to be subdivided by M.S. 78 -86 should remain unsubdivided in that the portion of the parcel unencumbered with structural improvements acts as a buffer between the existing hospital and adjacent properties. b. The development of the new lots proposed by M.S. 78 -86 would create conflicts of use between the existing convalescent hospital and the residential use of the proposed•new lots. C. Even though M.S. 78 -86 shows the depth of the proposed new lots to be ninety feet, in fact the practical usable depth is only seventy feet. d. Potential residential development on the proposed new lots would have the effect of eliminating an open area presently available to the residents of the convalescent hospital ; `a result deleterious to the operation of the hospital. e. The potential residential development on. the proposed new lots would result in a. lack of privacy and pleasant views for both the con- valescent hospital residents and those residing on the proposed new lots. SECTION 2. Based on.the showings set out in Section 1, hereinabove, the council reaffirms the findings made in Resolution No. 3739, and find's as follows: -2- n Resolution No. 38871,` .(1.979 Series) a. Because of the existing structures on the site to be sub- divided, the use of existing structures as a convalescent hospital, the proximity of the convalescent hospital to structures to be erected on the two smaller additional parcels proposed by M.S. 78 -86, and the residential use of said-'.smaller parcels, the site is not physically suitable for the type of development proposed by M.S. 78 -86. b. Because of the.existing structures on the site to be sub- divided, the use of the existing structures as a convalescent hospital, the proximity of the convalescent hospital to structures to be erected on the two smaller additional parcels proposed by M.S. 78 -86; and the residential use of said smaller parcels,:. the site is.not physically suitable for the proposed density of development. c. The proposed subdivision would be inconsistent with provisions of the City's general plan (residential land use objectives of the land use element) which call for residential designs to provide for privacy and pleasant views to and from the development. SECTION 3. Having made findings in Section 2, hereinabove, which under Section 66464 of the California Government Code require, the council to deny approval of M.S. 78 -86, the council hereby denies the application for I.I.S. 78 -86. On motion of Councilman Jorgensen seconded by Councilwoman Billig , and on the following roll call vote: AYES`. Councilmembers- Billig, Jorgensen, Dunin, Bond and Mayor Cooper NOES: None ABSENT: None -3- a Resolution No. 3887 .(1979 Series) the foregoing resolution was passed and adopted this 3rd day of July , 1979_ . ATTEST: C> e c J. H. Fitzj atfick Approved as to form: City Attorney _4_ Approved as to content: City Administrative Officer - - - — - Comm Yty De- lopm "erit i "rector 11MI � t city of s is S-PO OFFICE OF THE CITY ATTORNEY Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000 September 7, 1979 To: Mayor and Members of the City Council From: George Thacher, City Attorney Subject :' Hacienda Hospital Litigation-) You will recall that in July you heard and denied an application for subdivision of the Hacienda Hospital property. In February of this year, the former Council acted as well to deny the application. Your July denial was the result of a rehearing ordered by the Superior Court in an action filed by the subdivider in response to the February denial.. Attached is the Court's order in that action (Flagg Industries, Inc. v. City of San Luis Obispo), denying subdivider's petition for a writ of mandamus. Plainly speaking, the Court upheld your denial. While the order does not contain much of an analysis of the law argued, there is an indication (page 3., lines 11 -19 of Order) that the Court accepted the basic premise forwarded by the City, i.e., that even where all City standards are satisfied, a Council may deny if it is found that the site is not.physically suitable for the proposed development. (Map Act; Government.Code, §66474) The developer may, of course, appeal the Superior Court judgment. I will keep you informed. Respectfully submitted, George Thacher City Attorney GT /lw Encl.. cc: �ee.Walton H. Fitzpatrick Henry Engen Ken Schwartz Allen Settle Steve Petterson 2 3 4 5 6 7 n 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A ENDORSED FILED AUG 30 1979 MISBETH VIOLLAM, COUNTY CLERK By HELEN MURPHY nr^,,TY CLERK SUPERIOR ODURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN LUIS OBISPO FLAGG IbDUSTRIES, INC., dba HACIENDA HOSPITAL, INC., Petitioner, vs CITY OF SAN LUIS OBISPO, Respondent. No. 51331 ORDER OVERRULING DLvlU MI , DENYING PETITION FOR A PEREaMRY WRIT OF ADMINISTRATIVE Id,A P21JS AND DISCIiARGING THE ALTERNATIVL WRIT OF ADMINISTRATIVE MAIZz"IUS In this matter petitioner petitioned the court for actninistrative mandamus relief, seeking to compel the respondent city to permit the sub- division of certain property adjacent to the petitioner's convalescent hospital. During the 1962 -1964 time period the petitioner acquired a fairly large parcel of land within the city and developed it with city approval into a hospital and parking area, leaving several acres of unused land. The vacant land remained as part of the whole land then owned. In recent years the surrounding area has been fully developed. There is no vacant land other than the portion herein concerned. Part of the adjacent area has been devoted to single family home use. The land here concerned is also zoned for residential use. No change of zoning is herein concerned, the issue being whether the respondent abused its discretion in denying petitioner's application to sub- -1- 1 2 3 4 5 6 7 n 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A ENDORSED FILED AUG 30 1979 MISBETH VIOLLAM, COUNTY CLERK By HELEN MURPHY nr^,,TY CLERK SUPERIOR ODURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN LUIS OBISPO FLAGG IbDUSTRIES, INC., dba HACIENDA HOSPITAL, INC., Petitioner, vs CITY OF SAN LUIS OBISPO, Respondent. No. 51331 ORDER OVERRULING DLvlU MI , DENYING PETITION FOR A PEREaMRY WRIT OF ADMINISTRATIVE Id,A P21JS AND DISCIiARGING THE ALTERNATIVL WRIT OF ADMINISTRATIVE MAIZz"IUS In this matter petitioner petitioned the court for actninistrative mandamus relief, seeking to compel the respondent city to permit the sub- division of certain property adjacent to the petitioner's convalescent hospital. During the 1962 -1964 time period the petitioner acquired a fairly large parcel of land within the city and developed it with city approval into a hospital and parking area, leaving several acres of unused land. The vacant land remained as part of the whole land then owned. In recent years the surrounding area has been fully developed. There is no vacant land other than the portion herein concerned. Part of the adjacent area has been devoted to single family home use. The land here concerned is also zoned for residential use. No change of zoning is herein concerned, the issue being whether the respondent abused its discretion in denying petitioner's application to sub- -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 u � divide its R -2 acreage on which the hospital is located so as to leave one larger lot for hospital uses and two smaller, residential lots. There is some reference to an implied condition of the original hospital use permit. It is suggested that the original contemplation was that the entire parcel would remain devoted to the benefit and use of the hospital. However, these suggestions are made with an admission that there was no such condition expressed in writing at the tine; respondent's counsel therefore does not pursue that subject and the court disregards it. In 1978 and 1979 petitioner sought a small subdivision approval with at least a bit of success at the Planning Commission level. However, the City Council rejected the proposal, once returning it to the Planning Commission for revision. Petitioner appears to have tried to accomedate the respondent's requirements. In the end, the City Council denied approval for reasons stated in its resolutions. When this matter was first heard by this court the decision was to return it to the respondent for further consideration. Upon rehearing there was a unanimous council vote to deny the application. A more complete statement of reasons was given. There is a recent suggestion by petitioner that the new mayor's real estate firm has been party to a neighborhood development which (impliedly) should be reason for the court to find an abuse of discretion by the council, for if the Mayor can develop nearby property so should the petitioner. The court notes that the prior council action was by a council which did not include the present mayor. In the interim the Mayor and two others have been elected to the council and three members have left the council. One of the former planning commission members (Billig), who had given her tentative approval to the application, has now become a member of the city council and has joined the negative vote. The demurrer is overruled as the petition adequately states a cause -2- I � h 1 of action. The court therefore turns to the petition and answer and looks to 2 the merits of the matter. There is an administrative record of some length 3 filed prior to the review ordered by the court. Counsel has now submitted the 4 matter on the original pleadings, record and an additional record consisting 5 only of the July 3, 1970 resolution. Counsel agree that no additional record 6 will be presented to the court. 7 The substantial evidence rule applies. For this court's duties in 8 this case reference is made to Mdiillan v. American Gen. Fin. Corp., 60 C.A.3d 9 175. The decision of this court is very much based upon the principles therein 10 stated. 11 Though this court could easily find ample support for a contrary 12 conclusion by the council, there is an equally persuasive basis for the 13 position taken by the two city councils in denying the application. Whether 14 the basis is a present incompatibility with the city plan, a conflict with 15 neighborhood uses, a density problem in the use of the entire parcel or of the 16 retraining unused portion and the neighboring property, or a conflict with the 17 more intangible aspects of modern living conditions, there is an angle record :L8 to support the negative decision. Reference to such "general welfare" 19 considerations is made in Van Sicklen v. Browne, 15 C.A.3d 122, 126 -127. 20 This case does not involve a routine request for a building permit. 21 Instead of seeking a permit, the application is for the purpose of subdividing 22 the property. As a result the depth of the lots became a controversy. though 23 the original attention was directed to relatively minor deviations from the 24 usual requirements of the city, the council members became critical of the 25 planned development for new reasons which related to the more intangible aspect; 26 of planning. In this case attention was drawn to the patients and how the 27 application mould affect than and finally to the development as it related to 28 the surrounding property. No citation is needed to observe that the council -3- 3 4 5 6 7 8 9 10 11 12 13' 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 n C r has the ultimate responsibility in exercising this discretion. It is not improper for a council member to be concerned about substandard lots and the granting of special economic benefits. Neither is it - --- b - - - - - f j .fi - - -- - of- legal- consequence_ that -a eurrentmernber voted- to 'the contiary.�ile a member of the Planning Commission. At the earlier time she observed that no one wanted to say "no" and that the council didn't want to be the "bad guy ". She thereafter accepted that responsibility as a member of the council (see page 23 of Jan. 10, 1979 Planning Commission minutes). The court cannot second -guess that exercise in judgment. Planning considerations have changed in recent times. See the 1977 goals and policies adopted by respondent (page 12 of respondent's points and authorities filed April 4, 1979). There being an adequate basis in support of the conclusions reached by respondent in its resolution of July 3, 1979, the demurrer is overruled, the petition is denied, the alternative writ is discharged, attorney fees are denied and costs are awarded respondent_ it Dated: A i -4- 11. R: IIV Judge of court 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 n C r has the ultimate responsibility in exercising this discretion. It is not improper for a council member to be concerned about substandard lots and the granting of special economic benefits. Neither is it - --- b - - - - - f j .fi - - -- - of- legal- consequence_ that -a eurrentmernber voted- to 'the contiary.�ile a member of the Planning Commission. At the earlier time she observed that no one wanted to say "no" and that the council didn't want to be the "bad guy ". She thereafter accepted that responsibility as a member of the council (see page 23 of Jan. 10, 1979 Planning Commission minutes). The court cannot second -guess that exercise in judgment. Planning considerations have changed in recent times. See the 1977 goals and policies adopted by respondent (page 12 of respondent's points and authorities filed April 4, 1979). There being an adequate basis in support of the conclusions reached by respondent in its resolution of July 3, 1979, the demurrer is overruled, the petition is denied, the alternative writ is discharged, attorney fees are denied and costs are awarded respondent_ it Dated: A i -4- 11. R: IIV Judge of court RESOLUTION NO. 3886 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN_ LUIS OBISPO GRANTING ADDITIONAL TIME TO FILE FINAL MAP FOR MINOR SUBDIVISION NO. 77 -357„ (975 FOOTHILL BOULEVARD). WHEREAS, by Resolution No. 3820 (1979 Series) the subdivider of Minor Subdivision No. 77 -357 was granted a three -month extension for filing of the final map, to July 5,, 1979; and WHEREAS, the subdivider of Minor Subdivision No. 77 -357 has requested a further extension of time to complete the final map; and WHEREAS, the City Council determines that the time extension is justified to complete consideration of an appeal of conditions of approval required by the Planning Commission; NOW, THEREFORE, BE IT RESOLVED by the Council of'the City of San Luis Obispo as follows: SECTION 1. A three -month time extension for the filing of the final map for Minor Subdivision No. 77 -357 is hereby granted. Said extension expires on October 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, unless those conditions are modified by action of the council on appeal. On motion of Councilman Joi'gensen3 seconded by Councilwoman Billig and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin and Jorgensen NOES: None ABSENT: Mayor Cooper 1 the foregoing resolution was passed'and ATTEST: . . this 19th day of June 1979. A 3886 Approved as to form: Approved as to content: City Attorney City Adnfitis t a ive Officer Community De elopment rector .'City Eng neer IG RESOLUTION N0. 3885 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING THE ASSESSMENT OF DELINQUENT BUSINESS LICENSE TAXES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That pursuant to a public hearing duly held in conformance with Section 6100.13 of the Municipal Code, the Council hereby confirms the business license tax assessment as submitted and set forth in Exhibit "A ". SECTION 2. That the assessments set forth shall be paid within ten .(10) days after the date hereof and that any accounts remaining delinquent there- after-shall be turned over to the City Attorney for citation and collection: 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' 19th day of June , 1979. ATTEST: CI RK J. FITZPATRICK Approved as to form: i CITY ATTORNEY G. THACHER Approved as to content: CITY VE OFFICER L. WALTON MURAVEZ R 3885 J co t0 QA N 4 to V O f M. co V 4 0 fT o rn t O N N N O v O ti .ta W to W z n z n b o a ytz n 0 fT o rn t O N R1 V t v 2 n7 rR1 lTJ b .ii H H n • • n iq �C hi O H � (31 LM In c ti .ta W N W fb t to . 4 G 4 1-. Go fT a ytz n 0 fT o rn t O N O V t ti .ta W N fT W fb t U1 N W t a ytz n 0 fT o rn t O ti O V t ti .ta W tr N tT V f O t0 N W t a ytz n � Ln w O O O 1. ti to a ytz n � Ln w v 2 n7 rR1 lTJ b .ii H b to ytz rz^ � 2 H H n7 rR1 lTJ b .ii � H • • • n iq �C hi O 3 � (31 b N � VWi N tVii y � • • • iq �C N O 3 � (31 LM In z H K H Ln N Lnn Rroj N O 3 � (31 LM In z H H K O N co Ln b f O Ln, N N Ln N O C C RESOLUTION NO. 3884 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN WHEREAS, the Planning Commission and City Council have held hearings in accordance with the California Government Code and the General Plan Amendment Regulations of the City;_ and WHEREAS, the proposed amendment has resulted from a systematic program to achieve consistency between the general plan and zoning regulations and to periodically reevaluate general plan policies in response to changing conditions and amendment requests from citizens; and WHEREAS, the environmental impact of the amendment hz.s been evaluated and a negative declaration has been approved; and WHEREAS, the amendment was considered at public hearings held June 5, and June 19, 1979; and WHEREAS, the amendment is fully described in Exhibit A, five map changes, and Exhibit B, text changes., attached to and made a part of this resolution: NOW THEREFORE BE IT RESOLVED by the Council of the City of .San Luis Obispo as follows: (1) The Urban Land Use and Growth Management Element of the City of San Luis Obispo is amended as shown in the attached exhibits. (2) The Community Development Department shall see that this amendment is reflected in the general plan maps and publications which are on display in City Hall and which are made available to the public. (3) This amendment shall take effect thirty days from the date of adoption of this resolution. (4) As indicated by minute order from the public hearings referenced above, the Community Development Department shall initiate the necessary proceedings to maintain consistency between the general plan and zoning. R 3884 J Resolution No. 3884 Page 2 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 19th day of June 1 1979. ATTEST: J.H tzpatrick, City Clerk APPROVED AS TO FORM K. cooper; APPROVED AS TO CONTENT: George Thacher,' City_ Attorney­_: Leland Walton., Ci Administrative Officer Henry Engen, Co munity DeA lopment Director *While all members of the council voted affirmatively on this resolution adopting six changes to the land use element of the - general plan, Councilmembers Billig and Jorgensen requested this addendum to" thd',kesolution noting.:their dissent: ontrhe: following two items: 1) the amendment to the land use map showing a change in designation from park to medium =high density residential at the corner of Los Osos Valley Road and Prefumo Canyon Road; 2) the amendment to the land use map showing a change in designation from medium density to medium =high density residential on a portion of the north side o Higuera Street between Johnson Avenue and Pepper Street. EXHIBIT A. j5mvice-commeKcm I/Ll6HT INDUSTRIAL TO 5ERVICE-0 ZU ,qM AAL. 44%INA M M'EOl DENSITY FE- U6HT mr5TRIAL 70 NEIOHW MERL *ffi-j -9�- . . . . . . . . . . . . . . ............. I-V,Y.-57ZW A. U.N. plp PAPM TO MEMUM-HICM DENSITY RESIDENTIAL MARE WA U 15EF, I MEFaA.L ILICjHT- To Puw -tE"I- Puftio m -0 1 TO DIUM 0 MEVIUM-11115H� t A& PERKY IV -b Resolution fig. � EXHIBIT C. GOALS AND POLICIES 3. Commercial and Industrial Land Use Objectives a. Neighborhood Convenience Commercial Policies 3.2. Increased demand for neighborhood commercial eenvenienee facilities created by infill and intensification of residential areas should be met by making more :. efficient use of existing neighborhood centers an y�ion of existing centers into adjacent nonresidential areas. 3'3. The City should prepare and adept eeenemie and market study eriteri-& fer eya uat4 tg evaluate the need for and 4eeat4ei4desi rabi 1 i ty of additions to existing neighborhood commercial centers as specific development proposals are made. Criteria for evaluating such proposals Are: (1) Uses are in fact those which will serve nearby residents, not the community as a whole_ i2) Expansion areas have access from arterial streets. (3 ) Expansion areas will reduce the area used by or designated for offices or ce commercial uses and not areas designated Tor or usea by residences. c. Comparison Retail Commercial Policies 4. The City reaffirms its support of.the central business district as a historic, architecturally unique and economically essential part of the community. The City will promote the economic stability of the central busi " district. To assure its stabi it of er major areas in the cit wi not be 'rezoned for retall commercial use until a downtown par -.ing. ro ram has been adopted by t e City The City will tak an active row in encouraging t e retention and and expansion of county courts and administrative facilities in the downtown. 6. The City encourages a whole range of comparison shopping in the central business district and at Madonna Road. Additional retail space at Madonna Road should augment the existing shopping faciliti( Development may be Phased ut would include a non l.scount deDartmenl related Shops which can intercept expenditures of coun w o now shop out of the county. Any new facilities s ' :Resolution No. � EXHIBIT B be master planned.to "relate as closely as practical with the Ou sting Madonna Road Plaza Center. Additional space in the central business district should reinforce !he ro a of downtown as a regional s opping'area, w ile-also . !I.. The Gity sheuld give prier4y te preparation of a speeif4e plan • 12, Speeif4e plans should also be prepared fer Plademna Plapa and tlmWliarand eir-eulatien. Genyenienee e6mere4a' ruses with4n. the. s PladenRa Plara and University Square-. Public Facility Land Use 'Objectives City Hall will remain at its present location. County courts and legal and qeneral a mini strative functions such as technical services, assessor, cer se hospT a on county Cou�ntywel Devel opmen to a consc elections, board of su as necessary in the dow hould remain and if nec ial Services lidated social services center on Probation should a located nea facilit The juvenile facility s ounty_ sheriff's aci ities. ssary e lifornia EmDi near the ated near The city will locate its facilities and advocate location of other agency's facilities in order to: (a) Remove nonconforming uses from residential neighborhoods; (b) Foster convenient public access to those uses serving the public directly; (c) Group related public offices together; (d) Locate facilities with si nificant numbers of employees or cliem near comDlementary non- oovernmental services restaura►its; convei shopping); Make economical use of land and buildings already owned by publi agencies and minirnize the displacement of ekisting private burin or residents. R RESOLUTION NO. 3883 (1979 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF A PLANNING COMMISSION DECISION TO REQUIRE A FOCUSED ENVIRON- MENTAL IMPACT REPORT ON PROPOSED GENERAL PLAN AMENMENT FOR PROPERTY ON SOUTH HIGUERA STREET NEAR PRADO ROAD. WHEREAS, Walter Brothers Construction ( "applicant ") has applied for a general plan amendment to designate six acres "office" rather than "service commercial /light industrial" on applicant's property on South Higuera Street near Prado Road; and WHEREAS, the Planning Commission has determined.that applicant shall prepare a focused environmental impact report (EIR) addressing the proposed general plan change, covering traffic, flooding, and conformance with community goals and policies; and WHEREAS, applicant has appealed the Planning Commission's EIR determi- nation to the Council; and WHEREAS, this Council hereby finds that on the basis of the initial study the proposed general plan amendment will not have a significant effect on the environment; NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. This Council hereby uphdlds applicant's appeal of the Planning Commission decision to require a focused EIR addressing the general plan amendment described above. SECTION 2. Staff is directed to issue a negative declaration covering the proposed general plan amendment and to take all other steps necessary to implement thiss resolution. .... .... .... ... .... ... ... On motion of Councilman Jorgensen seconded by Councilwoman Bi11iQ , and on the following roll call vote: R 3883 Resolution No. -3883 (1979 Series) AYES: Councilmembers Billig, Bond, Dunin,'Jorgensen'and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 19th day of June , 1979. ATTEST: Ci ' _erk J.-H. Fitzpatrick Approved as to.form: Approved as to content: City Attorney City Administrativ fficer Community De lopment rector RESOLUTION NO. 3882 (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: CREEK OBSTRUCTION REMOVAL, WATER CITY PLAN NO.: B -51 PIPELINES ESTIMATE: $20,413.00 BUDGET ACCOUNT: 40- 5063 -801 BIDDER: Smees, Inc. BID AMOUNT: $25,660.00 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 Bond , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None Approved as to form: City Attorney George Thacher Approved as to content: City A ministrative nrficer Leland Walton R 3882 e RESOLUTION NO. 3881 (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: T.V. INSPECTION OF CITY SEWER LINES CITY PLAN NO.: C -31 ESTIMATE: $18,957.27 BUDGET ACCOUNT: 40- 7063 -834 BIDDER: Video Inspection Specialists BID AMOUNT: $14,179.75 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: C' erk J.H. Fitzpatrick Approved as to form: this 19th day of June . Cooper Approved as to content: 0 0�4 zeezzwd City Attorney George Thacher City A min icer Leland Walton Funds for Y- C. Muravez R 3881 follows: v RESOLUTION NO. 3880 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND RICHARD SHIPMAN AND CAROL VAUGHN FOR CONSTRUCTION OF A WATERLINE FOR LOT 9, BLOCK 187 -B OF THE INGLESIDE HOMESTEAD TRACT BE IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Richard Shipman and Carol Vaughn for construction of a waterline for Lot 9 in Block 11187 -B" of the Ingleside Homestead Tract under the Quarterly Program, is hereby approved and the Mayor is author- ized 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 property owners, the City Engineer, the Director of Public Services and the Director of Finance. 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 19th day of June , 1979. 0 ATTEST: C' erk J. H. Fitzpatrick R 3880 Approved as to form: Approved as to content: � 020 (/ City Attorney T ity Administraylve Officer J L�/LO Director of Public Seivices' D'r or oK Financd' EXHIBIT "A" AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT, dated June 19, 1979, for the convenience of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City," and RICHARD SHIPMAN and CAROL VAUGHN, the fee owners and developers of the real property described herein, and each of,them, hereinafter collectively called "Developer." WITNESSETH: In consideration of the mutual benefits, promises and agreements set forth herein, the parties agree as follows: 1. The City agrees to contract for the installation of, and assist in funding the following described water system improvements in accordance with Municipal Code Section 7410.9 subsection (1), relating to main extensions to new customers other than subdivisions, and City Council Resolution No. 2435, adopted on March 9, 1973 which resolution is made a. part of this agreement as though specifically set forth herein: A. .Construction of approximately 220 feet of 8 inch diameter and 200 feet of 4 inch water line in Swazey Street from Osos Street southerly, (This portion of the project including inspection, engineering, and administration thereof is to be financed by the City under provisions of Resolution No. 2435, otherwise known as the 11$20,000 Quarterly Funding Program," to the extent that said funds are available from the 3rd Quarter of the 1978 -79 program but not to exceed $20,000.) B. Installation of one fire hydrant with connecting lateral and related facilities. (This portion of the project to be financed by the Developer as provided below.) -1- V 2. Said water system improvements have been requested by Developer to provide necessary fire protection for residential con- struction at 2047 Swazey Street and more particularly described as Lot 9, Block 187 -B of the Ingleside Homestead Tract, City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded in Book A, Page 132 of maps in the office of the County Recorder. 3. City agrees to prepare plans and specifications providing for the above described installation to City standards and to call for bids, award a contract and administer the contract in accordance with the provisions of Section 724 of the City Charter, 4. Developer agrees to pay the following amounts as his share of the costs for said improvements: A. At the time of signing this agreement, a deposit in the sum of $1,800 which is 10% of the estimated total cost of construction. B. Prior to the commencement of the work and immediately following the opening of bids, such additional amount as is necessary to pay for the entire cost of the fire hydrant described in paragraph 1B above, computed as follows: The successful bidder's contract price for said portion plus prorated City engineering, inspection and administrative costs, less the deposit. (Total cost to the Developer is estimated at $1,900,) It is understood that if said balance is not paid to the City within sixty (60) days after notification of the determination of the cost of said work, no improvements will be made and the 10% deposit will be forfeited and retained by the City. -2- 5. For planning purposes, the City estimates that the water system improvement will be completed within five (5) weeks after the contract is awarded; the City agrees to use due diligence in seeking timely contract performance, However, the parties recognize that City cannot guarantee timely performance, and Developer agrees that City shall not be responsible for any loss incurred by it as a result of delays in contract completion, Developer also agrees to hold City harmless from all claims by third persons, purchasers or tenants which are based upon delays in performance of the water main construction contract. 6. Developer agrees that he will not seek a certificate of occupancy, and he will not permit others to occupy, the project to be constructed'by him upon the real property referred to herein prior to the completion of the water system improvements construction contract. 7. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. ATTEST: -Clerk J. H. Fitzpatrick -3- DEVELOPER: RICHARD SHI IAN [:lli101 � lLL[D� CAROL VAUGHN CITYiOF SAN LUIS OBISPO: P.- Approved as to form: City Attorney sm Approved as to content: Avy dmin istrat' a Officer Gl Director of Public Service Utilities Engineer /Superintendent i irector�6f Finattnce WATER LIN SWAZEY ST PROJECT ft �0�� n: , 9� 0 RESOLUTION NO. 3879 (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -096 LOCATED AT 630 FELTON WAY AND 585 HIGHLAND DRIVE. 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 -096 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 R -1 and R -2 -S 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 the public ease- ments for access through, or use of property within the proposed subdivision. SECTION 2. That the approval of the tentative map for Minor Subdivision 79 -096 be subject to the following conditions: 1. Subdivider shall provide an easement to Felton Way for sanitary sewer service and storm drainage for lot 2, to the approval,'iof the City Engineer. A lot drainage and grading plan shall be submitted for the approval of the City Engineer. Final map shall note that drainage improvements are required as a condition of any building construction on lot 2. 2. Subdivider shall pay water frontage and acreage fees as determined by the City Engineer prior to final map approval. 3. Subdivider shall install curb, gutter and sidewalk along Highland Drive frontage to the approval of the Public Services Department. 4. Subdivider shall pay park in -lieu fees per Municipal Code Section 9100.3.12 for lot 2 prior to final map approval. 5. Subdivider shall install street trees to the approval of the.Public Services Department on Highland Drive frontage. Street trees shall be planted behind the sidewalk and placed so as not to obscure vision of motorists. 6. All new utilities shall be installed underground. 7. Subdivider shall install water and sewer services to lot 2. Water meters shall be located in sidewalk at property frontage. 8. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. 9. Depth of lot 1 shall be adjusted to 128 feet. 10.. Final map shall have a note stating access rights to Highland Drive with exception of most westerly 20' for driveway are dedicated to the.City. On motion of Councilman Jorgensen, seconded by Councilwoman Billig, and on the following roll call vote: AYE: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper ;;NOE: None ABSENT: None 1 13*6l • Minor Subdivision 79 -096 The foregoing resolution was passed and adopted this 19th day of June, 1979. ATTEST: T erc J.H. Fitzpatrick Approved as to form: I /4/t/� City Attorney (1979 series) Approved as to content: e� I AVI �i�y AdminlstylgMe Officer Communiity Development Department RESOLUTION NO. 3878 (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -094 LOCATED AT 579 HIGHLAND DRLVE'_AND 618 FELTON WAY BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor' Subdivision No. 79 -094 and the Planning Commission's recommenda- tions, 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 R -1 and R -2 -S 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 the public easements for access through, or use of property within the proposed sub- division. SECTION 2. That the approval of the tentative map for Minor Subdivision 79 -094 be subject to the following conditions: 1. Subdivider shall provide an easement to Felton Way for sanitary sewer service and storm drainage for parcel 2, to the approval of the City Engineer. A lot drainage and grading plan shall be submitted for the approval of the City Engineer. Final map shall note that drainage improve- ments are required as a condition of any building construction on lot 2. 2. Subdivider shall pay water frontage and acreage fees as determined by the. City Engineer prior to final map approval. 3. Subdivider shall install- curb,'gutter. :and sidewalk along _Highland Drive;. to the approval of the Public Services Department. 4. Subdivider shall pay park in -lieu fees per Municipal Code Section 9100.3.12 for lot 2 prior to final map approval. 5. Subdivider shall install street trees to the approval of the Public Services Department on Highland Drive frontage. Street trees shall be planted behind the sidewalk, and placed so as not to obscure vision of motorists. 6. All new utilities shall be installed underground. 7. Subdivider shall install individual water and sewer services to lot - -- - - - — Water meters shall.be located in sidewalk at property frontage. -. 8. A11 new lot corners shall be staked by a registered civil engineer or licensed surveyor. _ P. Firm? snap shall have a note stating access rig 'nts to'Highland Drive with exception of most westerly 20' for driveway are dedicated to the City. Onimotion of Councilman Jorgensen, seconded by Councilwoman Billig, and on the following roll call vote AYE: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOE: None ABSENT: None R 3878 r J Minor Subdivision 79=094 r� (1979 series) The foregoing resolution was passed and adopted this 19th day of June, 1979. ATTEST: �. -iii. / i wA1 = �- Approved as to form: /2ezt4�'� City Attorney Approved as to content: 'City AdministrWve Officer Commu m ty eve opml ent Depart ent 1 -- A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -025 LOCATED -AT 275 and 279 BUENA VISTA AVENUE. 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 -02, and the Planning Commission's recommenda- tions, 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 permitted by the R -1 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 sub- division. Exceptions 1. Exception to minimum lot area on parcel A is hereby granted with the following findings: a. There are exceptional circumstances applying to the site's size and topography when considering the size and topography of other lots in the neighborhood. b. Exception is not a grant of special privilege inconsistent with limitations upon other properties in--.the vicinity with the same zoning. c. Granting an exception will not adversely affect the health, safety or general welfare of persons residing or working in the vicinity. 2. A temporary waiver of sidewalk installation is hereby granted, subject to the subdivider signing an agreement stating the.:sidewalk shall be installed within 30 days after notice by the City Engineer that the sidewalk is necessary. SECTION 2. That the approval of the tentative map for Minor Subdivision 79 -02 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 across frontage of parcel A to the approval of the Public Services Department. 3. Subdivider shall pay water acreage and frontage fees for parcel A prior to final map approval. 4. All new utilities shall be installed underground. 5. Subdivider shall relocate as necessary all utilities so that they are within each individual lot.served. Subdivider'shall install individual utilities for each lot. R 3877 RESOLUTION NO. 3877 (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -025 LOCATED -AT 275 and 279 BUENA VISTA AVENUE. 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 -02, and the Planning Commission's recommenda- tions, 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 permitted by the R -1 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 sub- division. Exceptions 1. Exception to minimum lot area on parcel A is hereby granted with the following findings: a. There are exceptional circumstances applying to the site's size and topography when considering the size and topography of other lots in the neighborhood. b. Exception is not a grant of special privilege inconsistent with limitations upon other properties in--.the vicinity with the same zoning. c. Granting an exception will not adversely affect the health, safety or general welfare of persons residing or working in the vicinity. 2. A temporary waiver of sidewalk installation is hereby granted, subject to the subdivider signing an agreement stating the.:sidewalk shall be installed within 30 days after notice by the City Engineer that the sidewalk is necessary. SECTION 2. That the approval of the tentative map for Minor Subdivision 79 -02 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 across frontage of parcel A to the approval of the Public Services Department. 3. Subdivider shall pay water acreage and frontage fees for parcel A prior to final map approval. 4. All new utilities shall be installed underground. 5. Subdivider shall relocate as necessary all utilities so that they are within each individual lot.served. Subdivider'shall install individual utilities for each lot. R 3877 I Minor Subdivision 79 -02 (1979) 6. Final map shall show common driveway easement. Subdivider shall prepare a common driveway agreement for city approval and recordation prior to final map approval. - 7. ___ Subdivider shall install and /or repair frontage improvements consisting of curb and gutter to the approval of -the Public Services Department: On motion of Councilman Dunin, — -- seconded by Councilman - Bond, and on the following roll call vote: AYE: Councilmembers Duni.n, Bond and Mayor Cooper NOE: Councilmembers Billig. and Jorgensen ABSENT: None The foregoing resolution was passed and adopted this 19th day of June, 1979. ATTFCT- Approved as to form: Approved as to content: ,ty ttorney ity ministrat icer Commurn ty Deve opment Department 4F RESOLUTION NO. 3876 (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 78:174 LOCATED AT 204 - 290 MADONNA ROAD BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision No. 78 -174 and the Planning Commission's recommenda- tions, 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 -T 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 ease ments for access through, or use of, property within the proposed subdivision. SECTION 2. That the approval of the tentative map for Minor Subdivision 78 -174 be subject to the following conditions: 1- ..'Subdivider shall install curb, gutter, sidewalk and street pave -out across Madonna Road frontage of Parcel A to the approval of the Public Services Department prior to final map approval. 2. Sewer lift station fees for Parcel A are due at the time of development. This shall be noted on the final map. 3. All areas subject to inundation (as shown on HUD Flood Insurance Rate maps) shall be shown on the final map, to the approval of the City Engineer. 4. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. 5. Subdivider shall install street trees to the approval of the Public Services Department, prior to final map approval. On motion of Councilman Dunin, seconded by Councilman Bond, and on the following roll call vote: AYE: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOE: None ABSENT: None The foregoing resolution was passed and adopted this 19th day of June, 1979. ATTEST: .� : 376 I Minor Subdivision 78 -174 Approved as to form: City 'Attorney 40 (1979) Approved as to content: ,ty mimstr t e Ufficer Community Development Department N RESOLUTION NO. 3875 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PARTICIPATION BY THE CITY IN A DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES. WHEREAS, the Council of the City of San Luis Obispo desires to provide certain benefits for its employees or independent contractors as part of their compensation; and WHEREAS, Council desires to authorize and approve entering into a Deferred Compensation Plan for those eligible to participate as designated by the City of San Luis Obispo; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In order to accumulate the appropriate funds to meet the City's obligation to pay benefits to participants.in accordance with the Deferred Compensation Plan, the Council does hereby authorize and approve the purchase of insurance and /or annuity contracts as issued by the Hartford Variable Annuity and Insurance Company in such amounts as may be appropriate: to provide plan benefits. SECTION 2. It is the intention of the said council that the payments made by the City of San.Luis�,Obispo for such insurance and /or annuity con- tracts will not currently be considered as income paid to the employees or independent contractors concerned.. Thus the City of San Luis Obispo will be the owner, beneficiary and have all rights under the said insurance or annuity contracts and such contracts sha11'be held as a general, unpledged and un- restricted asset of the City.' SECTION 3. The said Council hereby authorizes the City Administrative Officer of "the City of San Luis Obispo to'act on its behalf in respect to R 3875 Resolution No. 3875 - (1979 Series) these insurance or annuity contracts and to formulate rules and procedures for the purchase and administration of them. SECTION 4. Notwithstanding any provisions of this resolution the City reserves the right to review and disapprove any Deferred Compensation Plan presented to it by the Hartford Variable Annuity and Insurance Company for approval. On motion of Councilman Dunin seconded by Councilman Bond and on the following roll ca --ll vote: AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None. the foregoing resolution was passed and adopted this 19th day of June 19 79 . ATTEST: poeroel- Cre—AVJ. H. -Fitzpatrick ta / Approved,as to form: City Attorney Approved as to content: RESOLUTION NO. 3874 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A THIRD AMENDED AGREEMENT WITH JENKS $ HARRISON FOR CONSULTING ENGINEERING SERVICES IN CONNECTION WITH WASTEWATER TREATMENT AND DISPOSAL FACILITIES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby approves an agreement with Jenks $ Harrison, for consulting engineering services in connection with wastewater treatment and disposal facilities, as set forth in the agreement attached hereto marked Exhibit "1" and its attached Exhibits. The Mayor is authorized to execute said agreement on behalf of the City. SECTION 2. Copies of said agreement shall be maintained on file in the offices of the City Clerk and the Director of Public Services. The Director of Public Services shall act as Grantee Reviewer and shall forward copies of this resolution and the agreement to appropriate agencies. 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 19th day of June 1979. 1 T or Lynn R. Cooper ATTEST: Ciery Cl-e.d'. H. Fitzpatrick R 3874 �.i Resolution No. 3874 Approved as to form: (1979 Series) Approved as to content: City Attorney City Administrative Officer // o 0* /7 � Director of Public Services -2- ORIGINAL THIRD AMENDMENT TO AGREEMENT CONSULTING ENGINEERING SERVICES IN CONNECTION WITH WASTEWATER TREATMENT AND DISPOSAL FACILITIES This Third Amendment to Agreement, made and entered into this 19th day of June , 1979, by and between the CITY OF SAN LUIS OBISPO, California, hereinafter referred to as the "CITY ", and. JENKS & HARRISON, INC., (formerly known as Jenks B Adamson), Consulting Civil and Sanitary Engineers, Palo Alto, California, hereinafter referred to as the "ENGINEER" W I T N E S S E T H WHEREAS, CITY and ENGINEER entered into an AGREEMENT for Consulting Engineering Services in Connection with an Improvements Program for CITY'S Wastewater Treatment and Disposal Facilities, said AGREEMENT being in the form of an ENGINEER's Proposal formally accepted by the CITY on March 31., 1975, said accepted Proposal hereinafter referred to as the "AGREEMENT"; and WHEREAS, CITY having received from the State Water Resources Control Board (SWRCB) concept approval of clean water grants project C -06 -1215, did commission and authorize ENGINEER to proceed with Step 2 (Design) engineering work on the Wastewater Treatment and Disposal Facilities unit of the project by means of the FIRST AMENDMENT TO AGREEMENT, dated September 21, 1977; and WHEREAS, CITY having received from the SWRCB supplementary concept Approval of proposed Reclamation Facilities, did commission and authorize. ENGINEER to proceed with Step 2 (Design) engineering work on the Reclamation Facilities unit of the project by means of the SECOND AMENDMENT TO AGREEMENT, dated January 4, 1978; and WHEREAS, during the prosecution of the design work on the project, and. as a result of consultations and reviews with City Staff, Engineer, and SWRCB Staff, the original scope of the project has been significantly modified and enlarged, due primarily to, but not limited to, the following: Addition of new flocculator- clarifier, structural and equipment; new effluent step - aerator structure; additional chlorine storage and chlorination facilities.; new chlorine contact tank structure and piping; new chemical feed systems; additional laboratory and shop facilities; renovation of existing primary clarifier, structural and equipment; modifications to plant hea&;orks, structural and equipment; and, modifications to clarifier (No. 3) pump pit, structural and mechanical; and WHEREAS, CITY, being satisfied with the performance of the ENGINEER in the providing of professional services in connection with the Wastewater Treatment Disposal Facilities project, and recognizing the change and . increase of scope of these services, deems it reasonable and appropriate to increase the amount of compensation to the ENGINEER to cover costs and fees in connection therewith; - 1 - G NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree to amend the AGREEMENT, the FIRST AMENDMENT TO AGREEMENT, and the SECOND AMENDMENT TO AGREEMENT, as follows: 1. Revised Fee Schedule for Desi F n of Wastewater Treatment and Dis Item B.a., under subheading "FEE SCHEDULES ", (Page 2) of the FIRST AMENDMENT TO AGREEMENT is hereby modified to read as follows: a. CITY agrees to compensate ENGINEER for the services described here= in on the basis of "Cost Plus a Fixed Fee" (CPFF), for each work item, including "Total Estimated Cost "Fee ", "Contingency ", and "Total Budget Estimate ", as set forth below: EPA Form 5700 -41, with attachments; dated April 17, 1979, attached hereto this THIRD AMENDMENT TO AGREEMENT as "Exhibit A ", hereby supersedes the previous similar form attached to the First Amendment to Agreement (As Exhibit A). Revised Time of Completion for Project Units A: Item D.2., under subheading "PROSECUTION OF THE WORK: TIME OF COMPLETION ", (Page 4) of the FIRST AMENDMENT TO AGREEMENT is hereby modified to read as follows-: 2. ENGINEER will deliver, for review, biddable contract documents (plans and specifications) to the SWRCB staff on or before August 15, 1979, (Wastewater Treatment and Disposal Facilities project unit). B: Item D.2., under subheading "PROSECUTION OF THE WORK: TIME OF COMPLETION ", (Page 4) of the SECOND AMENDMENT TO AGREEMENT is hereby modified to read as follows: 2. ENGINEER will deliver, for review, biddable contract documents (plans and specifications) to the SWRCB staff on or before .October 15, 1979, (Reclamation Facilities project unit). 3. Original AGREEMENT and AMENDMENTS in Force Except as amended herein, the conditions, obligations and benefits of the original AGREEMENT, FIRST AMENDMENT TO AGREEMENT, and SECOND AMENDMENT TO AGREEMENT, shall remain in full force and effect. -. 2 - Total Total Description Estimated Budget of Work Cost Fee Contingency Estimate Step 2 (Design) $203,590 $19,910 $5,200 $228,000 EPA Form 5700 -41, with attachments; dated April 17, 1979, attached hereto this THIRD AMENDMENT TO AGREEMENT as "Exhibit A ", hereby supersedes the previous similar form attached to the First Amendment to Agreement (As Exhibit A). Revised Time of Completion for Project Units A: Item D.2., under subheading "PROSECUTION OF THE WORK: TIME OF COMPLETION ", (Page 4) of the FIRST AMENDMENT TO AGREEMENT is hereby modified to read as follows-: 2. ENGINEER will deliver, for review, biddable contract documents (plans and specifications) to the SWRCB staff on or before August 15, 1979, (Wastewater Treatment and Disposal Facilities project unit). B: Item D.2., under subheading "PROSECUTION OF THE WORK: TIME OF COMPLETION ", (Page 4) of the SECOND AMENDMENT TO AGREEMENT is hereby modified to read as follows: 2. ENGINEER will deliver, for review, biddable contract documents (plans and specifications) to the SWRCB staff on or before .October 15, 1979, (Reclamation Facilities project unit). 3. Original AGREEMENT and AMENDMENTS in Force Except as amended herein, the conditions, obligations and benefits of the original AGREEMENT, FIRST AMENDMENT TO AGREEMENT, and SECOND AMENDMENT TO AGREEMENT, shall remain in full force and effect. -. 2 - IN WITNESS WHEREOF, CITY and ENGINEER have executed this THIRD AMENDMENT TO AGREEMENT the day and year first above written. CITY OF SAN LUIS OBISPO s /LYN?4 R. COOPER Mayor Lynn R. .Cooper ATTEST: S/i.H.:it'L Asro vYl City Clerk J.H. Fitzpatrick Approved as to Form: City Attorney Approved as to Content; City Administrative Officer Director of Public Services JENKS $ HARRISON, INC. esident Executive Vice President /Secretary,,,,, - 3 - COST OR PRICE SUMMARY FORMA OR SUBAGREEMENTS UNDER U.S. E :;RANTS (See accornpanring instructions before completing this form..) Fora, Approved LIMB No. 158 -RO144 PART I- GENERAL 1. GRANTEE CITY OF SAN LUIS OBISPO (California) Z. GRANT NUMBER C -06 -1215 3. NAME OF CONTRACTOR OR SUBCONTRACTOR JENKS & HARRISON, INC. (Consulting Engineers) 4. DATE OF PROPOSAL Revised: April 17, 1979 S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (lnclode ZIP code) Jenks & Harrison 543 Byron Street Palo Alto, CA 94301 6. TYPE OF SERVICE TO BE FURNISHED Engineering Design (Step 2) Services for Wastewater Treatment and Disposal Facilities PART II -COST SUMMARY 7. DIRECT LABOR (Specify labor categories) ESTI- MATED HOURS HOURLY RATE ESTIMATED - COST TOTALS From Attached Worksheets 781801- ' DIRECT LABOR TOTAL: -- S 783 801- B. INDIRECT COSTS (Specify indirect coat pools) RATE • BASE _ CIMA `'r `_'�- - - S S Combined Overhead Factor 1.26 78-)8-0-1-- 997289- INDIRECT COSTS TOTAL: - "` -` ��• _ " - - -��� S 99,289- 9. OTHER DIRECT COSTS _ a.TRAVEL (Included in combined overhead, above. No direct ECOST7ED _ 5'. (1) TRANSPORTATION '•�'�- ''- (2) PER DIEM S TRAVEL SUBTOTAL:_ - - - b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) QTY COST ESTIMATED COST Included in combined overhead, bove) S S No direct) EQUIPMENT SUBTOTAL:. C. SUBCONTRACTS ESTIMATED COST S From Attached Worksheets. on 0- SUBCONTRACTS SUBTOTAL: - S d. OTHER (Specify categories) ESTIMATED COST .. .. �' `•• _ OTHER SUBTOTAL: • _ _ -S '- e.; OTHER DIRECT COSTS TOTAL: _ S - -. _ '� S 25 500 — ID. TOTAL ESTIMATED COST 203,590— 11. PROFIT Profit & Margin = FIXED FEE 19 2 0- t2- TOTAL'PRiCE Total Rev.Est. Price 222.800- EPA Farm 570041 (2 -76) Contingency on Cost 51200- TOTAL REVISED EST. BUDGET AMT. $ 228,000 "EXHIBIT A" (over) PART III -PRICE SUMMARY COMPETITOR'S CATALOG LISTINGS. (—'OUSE ESTIMATES. PRIOR QUOTES �_.d APKET PROPOSED, , t3. (Indicate beam for price comparison) PRIC E(SI PRICE Rep Attnched WorkSheets _-' - - PART IV- CERTIFICATIONS 14, CONTRACTOR 140. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS? YES CD ND (7f -Yes" give naie add miss end fe7ephone n=.ber of reviewing office) EPA AUDIT OF GEN. BUSINESS AND ALL EPA PROJECTS, THROUGH VASQUEZ, QUEZADA AND NAVARRO (CPA FIRM): EPA CONTACT: MR. ALLEN ORAND (S.F. WESTERN AUDIT DIV. OFFI AUDIT COMMENCED 9/78, AND CONTINUING. ,b.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 41 CFR 1 -15 -4 14c. This proposal is submitted for use in connection with and in response to (1) continuation of original engineering services agreement with grantee. . This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2). 9/77; revised thru 10179 and that a financial management capability exists to fully and accu- rately account forthe financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and /or recoupment where the above cost and pricing data have been determined, as a result of audit. not to have been complete, current and accurate as of the date above. (3) April 17, 1979 DATE OF EXECUTION SIG ATOF PROPOSER Blaine L. Harrison, Exec. Vice Press TFNKS & HARRISON, INC, TITLE OF PROPOSER 14. GRANTEE REVIEWER I certifv that I have reviewed the cost /price summary set forth herein and the proposed costs /price appear acceptable for subagreement award. DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER 16. EPA REVIEWER (7f applicable) DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER EPA Form 5700 -41 (2 -76) IT It Alc r J, IT /1417-r. /rice. it 1,27 It -;FLO _7 7S7;c N 14 J, /1417-r. /rice. it 1,27 It -;FLO _7 7S7;c N 14 C'NSUL'f,!-tJ3 ENCIN_ZERS o k� R m m o o ����► �T N t e` '!, t ZU 3a y 0 oa�:ao R �� 11. A ttI �gi4n,���iZT c v£ ^ytirZZ ^t �D IN I O N 0� At D p C, 0 0 o a o 0 0 ° o��NA D IJ r ?lop O 0 0 °I o ° o c o 0 0 0 0 l�, A•� o ° ° �° En N I \ n y N o p D to D ril- D� � \ z o N N P Do d D �° °I h. D� O t �jI , I p ' Y ,o m co w a A� W 0 O flI N' OI 0 Q N 0 pI O O O ° �", ., Fa CJ� L 0 WE Fb-1 FRI 0 n U, v 0 \ o\ y �, ;r l /t RESOLUTION NO. 3873 J (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT MAP NO. 772 LOCATED AT 1680 SOUTHWOOD DRIVE 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 772 and the Planning Commission's recommendations, staff recommenda- tions 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 o "r the type of improvements will not conflict with easements, for access through or use of property within the proposed subdivision. 8. Variances are granted for lots 2, 3, 4, 8 and 16 for required front footage, lot 8 for required average depth, lot 23 for area, front footage and depth and lot 24 for front footage with the following findings a. There are unique site characteristics_ includi_nq a. drainage channel__ _ and unusual tract dimensions. b. The spirit -of intent of the subdivision regulations are fulfilled in that the overall subdivision provides for lots compatible with the surrounding neighborhood and suitable for construction of homes. c. The variances are not a grant of special privilege because of a. and b. above. 9. An exception to standard street requirements is granted for Sequoia Street to provide street access with lesser street width for a limited number of houses. SECTION 2. That the approval of the tentative map for Tract 772 be sub- ject to the following conditions: Streets 1. Subdivider shall dedicate vehicular access rights to the city along Southwood Drive on lots.l, 19 and 22. 2. Subdivider shall provide frontage improvements along Southwood Drive tract frontage. 3. Subdivider shall install traffic control devices as required by the City Engineer. 4. Subdivider shall provide 'no parking' signs for one side of Sequoia-Street cul -de -sac street (hillside street standard permits parking on one side only). 5. Cul -de -sac street shall be named Barranca Court. 6. Subdivider shall dedicate 12 feet for full length of Sequoia Street and shall widen the street to 24 feet and provide curbs along tract frontage (sidewalks along Sequoia Street tract frontage are hereby waived). R 3873 0 .• JI Tentative Map 772 (1979) Subdivider shall proVide.:blanket coat on Sequoia Street as required by City..Engineer. Utilities 7. Water and sewer shall be extended in Sequoia.:Street.as required by the City Engineer. 8. Water and sewer shall be extended in cul -de -sac street as required by the City Engineer. 9. Water line shall be looped to adjacent tract to the west in an easement as required by City Utilities Engineer (this requirement may be satisfied by larger dead -end line as required by the City Utilities Engineer). 10. Fire hydrants shall be provided as required by city fire code. 11. Water and sewer charges shall be paid prior to recordation of the final map, as required by the City Engineer. Drainage 12. Drainage easements shall be dedicated to city to accommodate the two drainage courses traversing this property to the satisfaction of the City Engineer. Proposed structures shall be allowed to be cantilevered over said easements provided clearances are obtained satisfactory to the City Engineer. 13. All offsite and onsite cross -lot drainage shall be intercepted and diverted to an acceptable point of disposal, as determined by the City Engineer. All drainage devices shall be privately maintained except where they lie within public easements. Calculations shall be submitted by a Civil Engineer indicating the drainage facilities (on and off site) are adequate to handle this development to the satisfaction of the City Engineer. Vegetation Protection 14. Final grading plan shall contain provisions to save trees adjacent,to cul -de- sac street. Said provisions shall be approved by the tree committee staff.. 15. Removal of certain trees on lots 22, 23 and 24 is hereby authorized consis- tent with building details on tentative map. Specific tree removals shall be authorized by the tree committee consistent with said detail. 16. Subdivider shall trim remaining eucalyptus trees as required by the tree committee staff. 17. Final map shall note a.riparian protection area along creek channel on the west boundary of the tract. Said area shall be established by survey in consideration of recommendations in consulting biologists report submitted with this map._ Final map shall contain a note that no building, grading or vegetation removal shall occur within this area. Parks 18. Subdivider shall pay fees in lieu of park dedication equal to the fair market value of .372 acres consistent with section 9100.3.12.4(b) of city subdivision regulations. r • Tentative Map 772 (1979) Miscellaneous 19. A note shall be placed on the final map stating that lots 11 and 12 and portions of lot 10 are above the city water service limit and desired water pressures may require individual pumps. 20. A note shall be placed on the final map indicating that construction on lots 3, 229 23 and 24 of this tract shall be subject to approval of the City of San Luis Obispo Architectural Review Commission. 21. Lots shown on the tentative map with less than 20 -foot street yard set- backs shall be approved by the Board of Adjustments for setback variations. 22. Subdivider shall pay any applicable fees for reimbursements for streets and utilities improvements in Southwood Drive. 23• Subdivider shall install street trees to'the approval of the Public Services Department. On motion of Councilman Jorgensen, seconded by Councilman Bond, and on the following roll call vote: AYE: Councilmembers Billig, Bond, Dunin, Jorgensen,and Mayor Cooper NOE: None. ABSENT: None The foregoing resolution was passed and adopted this 19th day of June, 1979. ATTEST Po"r'a-H. Fitzpatrick Approved as to form: i ty Attorney Approved as to content: 014GEM Recording Requested By: CITY-OF-SAN LUIS OBISPO When Recorded Please Return To: Q.F,.6gS 0mcz i.4v Ohhzrka This. resolution .not . recorded, - to.be. redone. %;jzY ct San RESOLUTION 140. 3872 (1979 Series) P.O. Box 381 S= L= 3340 TY OF SAN LUIS A RESOLUTION OF THE COUNCIL OF THE CI OBISPO FINDING THAT A 20 -FOOT ALLEY IN THE BLOCK BOUNDED BY SANTA ROSA, TORO, MARSH, AND HIGUERA STREETS IS NO LONGER NEEDED FOR STREET PURPOSES AND ABANDONING SAME WITH RESERVATIONS FOR UTILITIES EASEMENTS. WHEREAS, the Planning Commission, after hearing, has determined that the 20 -foot alley is no longer needed for street purposes; and WHEREAS, this council held a public hearing on June 5, 1979, to consider the abandonment of the 20 -foot alley in the block bounded by Santa Rosa, Toro, Marsh, and Higuera Streets as shown on the map marked Exhibit "A ", attached hereto and incorporated herein by reference; and WHEREAS, this council finds that the described 20 -foot alley in the block bounded by Santa Rosa, Toro, Marsh, and Higuera Streets is not needed for present or future street purposes except for reservation of the entire abandoned portion as a utilities easement for present and future uses; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. that the 20 -foot alley in the block bounded by Santa Rosa, Toro, Marsh, and Higuera Streets as.shown on Exhibit "A" attached, is hereby abandoned subject to the reservation of utilities easements of record. SECTION 2. That the City Clerk shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City, to be recorded in the San Luis Obispo County Recorder's Office. On motion of Councilman Jorgensen , seconded by Councilman Dunin and on the following roll call vote: R 3872 U O O resolution No. 3872 (1979 Series) AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 5th day of June , 1979. ATTEST: Ci H. Fitzpatrick Approved as to form: City Attorney Approved as to content: City Admini rative Officer / � w City E ineer Community Dfvelopm-qG Director Exhibit A - �T. ,Armnnrnie h4J'�iTA t�Q74 � F- � H CJ�X7 S 5T. Exhibit A U RESOLUTION NO. 3871 (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: Mission Plaza Arbor CITY PLAN NO.: C -29 ESTIMATE: $26,000.00 BUDGET ACCOUNT: 40- 5761 -637 BIDDER: Conco Construction, Inc. BID AMOUNT: $26,591.00 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 Councilwoman _Billi¢ , 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 1979. ATTEST: Ci lerk .H..Fitzpatrick Approved as to form: City Attorney George Thacher Funds Avail Fin nc or R. Muravez this 5th day of June Approved as to content: Ze AM City Admin strative Officer Leland Walton << RESOLUTION NO. 3870 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND RED STAR INDUSTRIAL SERVICE FOR UNIFORM AND LAUNDRY SERVICE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement-, a copy of which is on file in the Office of the City Clerk, between the City and Red Star Industrial Service for uniform and laundry service from July 1, 1979 . to June 30, 1981, is hereby approved and the Mayor is authorized to execute same. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: Red Star Industrial Service and the Finance Department. On motion of Councilman Jorgensen, seconded by Councilwoman Billig, and on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Bond, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of June, 1979. ATTEST: Approved as to form: City Attorney Approved as to content: City Administrative Officer R 3870 AGREEMENT This Agreement, dated as of the date affixed beside the signature hereto of the City of San Luis Obispo, is entered into between the City of San Luis Obispo (hereinafter called "City ") and Red Star Industrial Service of Lompoc, California (hereinafter called "Laundry "). WITNESSETH: WHEREAS, Laundry was the successful low bidder upon a request for bids for laundry service for City uniforms. NOW, THEREFORE, City and Laundry agree as follows: 1. Laundry agrees to provide laundry service for City uniforms as set forth in the Notice to Bidders and Specifications issued by City, copies of which are attached hereto, marked Exhibit "A" and "B" respectively, and thereby incorporated herein. 2. City agrees to pay Laundry Eighty -eight Cents ($.88) per uniform change furnished by Laundry, payable on monthly invoices. 3. This contract shall commence July 1, 1979 and shall end June 30, 1981. 4. Laundry shall comply with all applicable provisions of State and Federal law, including, without limitation, all applicable laws concerning employee benefits and working conditions and non- discrimination in hiring personnel. 5. Laundry shall not assign this contract nor sub - contract it as a whole without the written consent of City, nor shall the Laundry assign any monies due or to become due to it hereunder without the previous written consent of City. 6. Changes in this agreement shall become effective only when written in the form of a supplemental agreement and signed by both parties hereto. 7. If Laundry should be adjudged a bankrupt, or if it should make a general assignment for benefit of creditors, or if it should be placed in receivership on account of insolvency, the City shall have the right, at its sole option, to terminate this agreement upon fiften (15) days written notice to Laundry. M 8. All.notices from one.party to the,other in connection with this agreement shall be deemed delivered when deposited in the U.S. Mail, stamped and addressed to the other party at the following address: City: City Clerk City of San Luis Obispo Post Office Box 321 San Luis Obispo, CA 93406 Laundry: Red Star Industrial Service 139 South "A" Street Lompoc, CA 93436 IN WITNESS WHEREOF, this agreement is executed by both.parties. RED STAR INDUSTRIAL SERVICE Date: Date: 455 z2 �� �z ATTEST: y CleA Approved as to form: City Attorney CITY OF-\SAN LUIS OBISPO -2- i Director of Public Services NOTICE TO BIDDERS Notice is hereby given that sealed bids will be received by the City of San Luis Obispo at the Office of the City Clerk, City Hall, 990 Palm Street (mailing address P.O. Box 321), San Luis Obispo, California, 93406, up to 3:00.p.m. Friday,- June 1, 197.9 , and then publicly opened and read, for furnishing to said City the following service as des- cribed in specifications on file in the Office of the City Clerk to which reference is hereby made for further particulars. UNIFORM AND LAUNDRY SERVICE FOR APPROXIMATELY 63 EMPLOYEES. TWO YEAR CONTRACT. THREE CHANGES FOR FIFTY -SIX EMPLOYEES AND FIVE CHANGES FOR SEVEN EMPLOYEES. All proposals shall be on the form furnished by the City, sealed and plainly marked, "Proposal for Uniform and Laundry Service." Prices shall include all applicable state and /or other taxes. The City Council reserves the right to accept such bid as may be deemed most advantageous to the City, the right to waive any informality in a bid and the further right to reject any and all bids. 51J.H. FITZPJi:;? CK J. H. Fitzpatrick, City Clerk City of San Luis Obispo, California EXHIBIT "A,9 ('mil Bid Specifications_for_Uniform and Laundry Service for Fiscal _Years 1979 -1980 and 1980 -1981: - - 1. Two -year contract. 2. Definition of uniform:. One shirt and pants combination or one pair of coveralls. 3. Contractor to submit quote on.flat rate per uniform change on the basis of: 3 changes per week for approximately 56 employees, 5 changes per week for approximately 7 employees. 4. Lettering to be supplied at rates including tax, not to exceed the following: employees first name.above left pocket - $ 0.40 employees division (streets, utilities, or parks). above right pocket - $ 0.40 5. Emblems to be supplied at rates including tax, not to exceed the following: 3" high by 4" wide attached to left shoulder (see attached facsimile), approximately 3" down on sleeve - .$1.25. 6. Color of uniform: Light (safety? Yellow - shirt Dark (service) Blue - pants Medium (service) Blue - coveralls 7 Type of uniform: Two -piece (shirt and western.cut pants) for approximately 66 employees. One -piece coveralls for approximately 33 employees. S. Fabric: Uniforms to be a combination of 65% Fortrel Polyester and 35% combed cotton or equal for approximately '55 employees. Uniforms to be 100% cotton (or non- allergenic) or equal for approximately ten (10) employees. 9. Delivery of clean, pressed uniforms to be on hangars. 10. .Delivery to be at the following locations: City Hall., 990 Palm Street City Recreation Center, 864 Santa Rosa Street City Street Maintenance Yard, 642 Emily Street City Utilities Maintenance Yard; 1330 Buchon Street Sewer Treatment Plant, Prado Road Water Treatment Plant, Stenner Creek Road 11. Fitting employees for uniforms shall be at contractor's expense. 12. Contractor shall be responsible for repair of uniforms, sewing names and emblems on, exchanging sizes when necessary, and furnishing laundry .repair tags. 9 _ - ..- .r -:•.__ •- _ :.cam - �. _ __ +•�� r� FACSIMILE _rID6- u- _- -.�•.. �_ -N�'. �'i -�_- - .._.._:�. _ +V.�cr.- '�Rp�yyF ■.+'ityi�� •y ■yry��`+._(�x �-�C .�v.; ,-�. •. .�_:'Y. _ ___ ��--^ _ _.. ^.. � � � ._G -��- • 1f �I �`' y�`f�- .. -•y. -.may -F.� rpr_ -�. �- � =v's% �i'.i�.�a �_ � - _..._- _ - ._..� _ _ - -=Y ..J.- .- �. �_ - -- •'•rte - _ O C S Cs�AnIUIS L - -4C Y- � �iC97iliY6. :'`- i�- •�- ='��r- -T'� �.Y�.•�.iLb a/i! .�{ OBISTNn � I. __...r -. Y ] 1 LJrN. Y 4 V �'.J • • Tf•_Y' -T +-its M '1r+t H ...1 l ' -L' 4` r +v��Jt .aJw l.•V'lih.1! � !� „L..L. _ f i... ..tiiy _rID6- u- _- -.�•.. �_ -N�'. �'i -�_- - .._.._:�. _ +V.�cr.- '�Rp�yyF ■.+'ityi�� •y ■yry��`+._(�x �-�C .�v.; ,-�. •. .�_:'Y. _ ___ ��--^ _ _.. ^.. � � � ._G -��- • 1f �I �`' y�`f�- .. -•y. -.may -F.� rpr_ -�. �- � =v's% �i'.i�.�a �_ � - _..._- _ - ._..� _ _ - -=Y ..J.- .- �. �_ - -- •'•rte - °Lok RESOLUTION NO. 3869 (19 79 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND WARREN F. DOLEZAL FOR INSTALLATION OF CERTAIN.IM- PROVEMENTS 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 Warren F. Dolezal for installation of certain improvements on South Higuera Street near Los Osos Valley Road is hereby approved and the Mayor is authorized to execute the same.. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Warren F. Dolezal, and the City Engineer. 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: Done the foregoing Resolution was passed and adopted this 5th day of June , 19 79. ATTEST: y 1 / J.H. Fitzpatrick R 3869 Approved as to form: Ci y Attorney A 7D Approved as to content: City Admini trative Officer i City ineer AGREEMENT THIS AGREEMENT, dated this 5th day of June , 1979, by and between Warren F. Dolezal , herein referred to as "Developer," and the CITY OF SAN LUIS OBISPO, herein.referred to as "City." WITNESSETH: WHEREAS, Developer wishes to construct approximately 300 ft of 8" PVC water main and standard fire hydrant assemblies on the easterly side of South Higuera Street near the intersection of Los Osos Valley Road, and WHEREAS, Developer wishes the City to accept these improvements for perpetual maintenance, and WHEREAS, the City will not accept these improvements without city inspection. NOW THEREFORE, in consideration of their mutual convenants and promises contained herein, the:parties hereto agree as follows: 1. Developer does hereby agree to construct and install the improvements described above in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, and to deposit with the City, the sum of $ 10000= from which deposit the. City will pay the salary And expenses of an inspector to inspect installation of the improvements. 2. Upon payment of the sum set out in Section 1 above, City will provide an inspector for the improvements to guarantee that the work is completed in accordance with the plans and specifications. Any unexpended funds will be returned to the Developer. If the deposit proves to be insufficient, additional funds shall be deposited to cover the required amount.. IN WITNESS WHEREOF, this agreement has been execute ATTEST.: Ci erc J.H. Fitzpatrick Approved as to form: City Attorney Z'Vadrren F. Dolezal City of Sin joeis Obispo,Lynn R. Coo Approved as to content.: City Adminis ative Office (� x ,City Vngineer RESOLUTION NO. 3868(1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING AN OFFER OF DEDICATION OF A STORM DRAIN EASEMENT AND APPROVING AN AGREEMENT WITH ALICE RANDALL FOR THE INSPECTION OF THE STORM DRAIN. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION I. That certain agreement, a copy of which is attached hereto, between Alice Randall and the City of San Luis Obispo, is hereby approved and the Mayor is authorized to execute same. SECTION 2. The offer of dedication of the storm drain maintenance easement is hereby accepted. SECTION 3. The City Clerk shall furnish a copy of this resolution together with the agreement to Alice Randall and the City Engineer and cause the easement to be recorded at the Office of the County Recorder, County of San Luis Obispo. 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 40ES: Nonec*_l ABSENT: None the foregoing resolution was passed and adopted this 1979. ATTEST: r�Wrr6i;ff—J H F itzpatrick Approved as to form: 1 City Attorney yor R.. day of June , Approved as to content: C40 City A ministrative Officer City ag ineer R 3868 a AGREEMENT THIS AGREEMENT, dated this 7th day of June, 1979 , by and between ALICE RANDALL, herein referred to as "Developer," and the CITY OF SAN LUIS OBISPO, herein referred to as "City ". WITNESSETH: WHEREAS, Developer wishes to construct a culvert of 42" corrugated metal pipe approximately 136 feet long,. and WHEREAS, Developer wishes the City to accept these improvements for perpetual maintenance, and WHEREAS, City will not accept these improvements without city inspection. NOW THEREFORE, in consideration of their mutual convenants and promises contained herein, the parties hereto agree as follows: 1. Developer does hereby agree to construct and install the improvements described above in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, and to deposit with the City, the sum of $100.00 from which deposit the City will pay the salary and expenses of an inspector to inspect installation of the improvements. 2. Developer does hereby agree to pay the cost of any soil compaction tests which may be required. 3. Upon payment of the sum set out in Section 1 above, City will provide an inspector for the improvements to guarantee that the work is completed in accordance with the plans and specifications. Any unexpended funds will be returned to the Developer. IN WITNESS WHEREOF, this agreement has been executed by: ATTEST: s/J.H. FITZPATRICK City Clerk J.H. Fitzpatrick . Approved as to form: Cit Attorney Developer - Alice Randall sILYNN R. COOPER Mayor - City of San Luis Obispo 'Lynn R...CooI Approved as to content: City Admi istrative Officer City E gineer Public Services Director I F� v Z F J � Al�j zz Q Q W � Q Q h O 0 [� L*1 H-L eON v' k, o Vl ti 1-0,/ H12>oN V 0w p v, � h e �L W 1 • . r RECORDING REQUESTEC� AND WHEN RECORDED MAIL TO r I NAME ADDRESS CITY & STATE L J SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO Documentary transfer tax 8 ........................................ NAME ❑ Computed on full value of property conveved, or F-1 Computed on full value less liens & encumbrances ADDRESS remainin- thereon at time of sale. CITY & STATE L Signature of declarant or agent determininlg tax - firm name ❑ Unincorporated area ❑ City of ... ............................... L- G1 ant Deed AYN FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ALICE RANDALL hereby CRANT(S) to THE CITY OF SAN LUIS OBISPO the following described real property in the City of San Luis Obispo county of San Luis Obispo state of California: Being a portion of Lots II and 12 of Block 5 of Norton's Addition to the City of San Luis Obispo as per map filed in Book A of Maps at Page 79 in the Office of the County Recorder of said County, (See Exhibit A) Dated May 4, 1979 STATE OF CALIFORNIA COUNTY OF San Luis Obispo 7 SS On May 4, 1979 before me, the under. signed, a Notary Public in and for said County and State, personally appeared Alice M. Randall---------- - - - - -- , known to me to be the person whose name ' S subscribed to the within instrument and acknowledged that She executed the same. Signature of Notary Title Order N Alice M. Randall :ecrow N FOR NOTARY SEAL OR STAMP CIIII111! 1liliLli [IIIitUHI 1131717 tltltlti I MIIlInllt/® MARILYN PERRY c ;.. NOTARY PIIBUC — CALIFORNIA PRINCIPAL OFFICE IN - SAN LUIS OBISPO COUNTY - My Commission Expiro: July 20, 1979 - mmuuwmlmnunwuuuuuumuuuuututID L -I (G.S) (Rev. 5 -57) 8lot• ...., A� ',er -err A C' An easement for maintenance a strip of land 10 -feet in access using the driveways said 10 -foot strip of land N EXHIBIT A and repair of 'a public storm drain over width, along with the right of reasonable existing on said lots, the centerline of being described as follows: Beginni.ng at the southeast corner of the aforementioned Lot 11, thence north along the east line of said Lot 11, a di- stance of 17.00 -feet to the true point of beginning; thence, North 43 044122" West along said public storm drain a distance of 144.6 -feet more or less to the west line of the aforementioned Lot 12. The sidelines are foreshortened or lengthened so as to terminate at the respective lot Lines. 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 Grant. Deed dated May 4 1979, from Alice Randall 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: June 7, 1979 CITY OF SAN LUIS OBISPO ATTEST: W.H. FITZPATRICK J.H. Fitzpatrick, City Clerk AYNN R. COOPER Lynn R. Cooper, Mayor ,a - -' , 10/ RESOLUTION NO. 3867 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND T.B.D. ENTERPRISES FOR WIDENING OF ORCUTT ROAD. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and T.B.D. Enterprises for widening of Orcutt Road at McMillan Avenue 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: T.B.D. Enterprises and the City Engineer. On motion of Councilman Dunin seconded by Councilwoman Billig , and on the following roll call vote: AYES: Councilmembers Billig, Dunin, Jorgensen, Bond and Mayor Cooper NOES: None ABSENT: None the foregoing. Resolution was passed and adopted this 5th day of June , 1979. ATTEST: Ci lLrrk J.H. Fitzpatrick R 3867 0 Approved as to form: City Attorney lei Approved as to content.: 4 City Admin trative Officer 1 AGREEMENT This Agreement (hereinafter. "Agreement "), is entered into between the City of San Luis Obispo, a municipal corporation (hereinafter "City "), and T.B.D. Enterprises, a California general partnership (hereinafter T.B.D. "), on the following terms and conditions. WITNESSETH: WHEREAS, it is in the public interest and in the best interests of the City to acquire title to the area being dedicated by deed at no cost to the City, so that the City can further implement its street widening policy, NOW, THEREFORE, in consideration of the following mutual benefits„ agreements and promises set forth herein, the parties agree as follows: 1. The City will, at its expense, paveout and widen Orcutt Road, consistent with City road standards, adjacent to and directly in front of Lots Land 2 of the Orcutt Subdivision, as more fully described in Exhibits "A"& "B "., attached hereto, to the gutter line after the frontage improvements have been installed. 2. The city will, pursuant to "standards to be prepared by City at City's sole discretion, at`its expense, widen the bridge adjacent.to said property, make necessary improvements and repairs to the water distribution system adjacent to said property, perform whatever work it deems necessary to expand or maintain the creek adjacent to said-property and will install any necessary or required drop inlets on or adjacent to said property. City shall not be obligated to perform any of such work until funds are available and have been appropriated by the City Council. t 4 E u° d c N U .LL n . S d 4 7 n E LL 3. T.B.D. will, at its expense, install curbs, gutters, and sidewalks adjacent to and directly in front of said Lots 1 and 2.. 4. Upon demand by City, T.B.D. will post a deposit with City in lieu of frontage improvements across the creek, in an amount to be determined, based upon twenty ($20.00) dollars per lineal foot. 5. T.B.D. will grant to City a construction easement for bridge work and creek modifications in conjunction therewith prior to commencement of work. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective - __June 7 1979. ATTEST: s/J.H. FiTZPATRiCK City Clerk J.H. Fitzpatrick .CITY OF SAN LUIS OBISPO A Municipal Corporation BY: 81YNN R. COOPER Lynn R. Cooper, Mayor 1111 STATE OF CALIFORNIA l( COUNTY OF- _ San Luis Qbl Spo as. On May- 30, 1979 , before me, the undersigned, .a Notary Public in and for said State, personally appeared Jerry Holland and Garry Holdgraffer known to me to be the partners of the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature icia nn iac maizi Name (Typed or Printed) (This area for official notarial seal) ALICIA ANN GIACOMAIZI ;�• ;;:;: NOTA1 P113LIC SAIL LUIS OBISPO COUNTY CAUF ?3NIA My Commission Expires February 2,.1980 Name (Typed or Printed) (This area for official notarial seal) � G EXHIBIT "A" Orcutt Road Property, known as Lots l & 2 as shown on the map entitled "Map of the Orcutt Subdivision in the City of San Luis Obispo, County of San Luis Obispo, State of California, surveyed by N. Dettrich June 1.9, 1894, recorded in Book 1, page 19 of Records of Survey in the office of the County Recorder of said County. 'oe 7 , 4� 70 a)-^ S111VZZ111S OgI514o )C*O";? TF RL1214z2 165' rZ14, 3,, X 5F) 'oe 7 , 4� 70 a)-^ S111VZZ111S OgI514o )C*O";? TF RL1214z2 Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: OFFICE OF THE CITY CLERK CITY OF SAN LUIS OBISPO P. 0. Box 321 San Luis Obispo, CA 93406 MAIL TAX STATEMENTS TO: r� SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX & ................ ............................... ...... Computed on the consideration or value of property conveyed; OR ..... Computed on the consideration or value lass liens or encumbrances .. remaining at time of sale. Signature of Declarant or Agent determining tax — Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, T.B:D. ENTERPRISES, a California general partnership hereby GRANT(S) to the CITY OF SAN LUIS OBISPO, a municipal corporation, the real property in the City of San Luis Obispo County of San Luis Obispo State of California, described as That portion of the Orcutt Subdivision as recorded in Map Book I, Page 12 of Licensed Survey Map in the Office of the County Recorder as follows: (1) The southerly 22 feet of Lot l of the Orcutt Subdivision. (2) That particular area of Lot 1 bounded by: the northerly line of the above described area prescribed in (1) above; the easterly line of Lot 1; and a curve having a radius of 20 -Feet and being tangent to the above described lines, as shown on attached Exhibit A. Dated December 1, .1978 STATE OF CALIFORNIA , I COUNTY OF San Luis Obispo i ss On December 1, 1978 before me, the undersigned, a Notary Public in and for said State, personally appeared JERRY HDLTAM and GARRY HOLEGRAFER, two of the partners of the Partnership, on behalf of the partnership, known to me to be the person S whose name s are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. Signature la:4� / T -B..D. ENTERPRISES .B Z )7 Y HOLLAND, Partner B ;. GAR .OLD , Pa r C�79a C3C'ol7tglgipli7lliT.7if C6tl9ti796L70g6l1R90!!! W 7lSIg _ LIIaA R. WENTER y 'ten^ NOTARY PUBLIC — CALLFORNIA PF,!.NaPAL OFFICE W SAN LUIS OBISPO COUNTY s hey Commisslon Expires April 6, 1932 nts.s totmnaia�eet�slepaee nimmmus (This area for official notarial sea[) 1002(10/69) MAIL TAX STATEMENTS AS DIRECTED ABOVE 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 Grant Deed dated December l 1978, from T.B.D. Enterprises. a California general partnership 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: June 7, 1979 ATTEST: W.H. FITZPATRICK J.H. Fitzpatrick, City Clerk CITY OF SAN LUIS OBISPO By. s1LYNN R. COOPER Lynn R. Cooper, Mayor Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: OFFICE OF THE CITY CLERK CITY OF SAN LUIS OBISPO P. O. Box 321 San Luis Obispo, CA 93406 MAIL TAX STATEMENTS TO: SPACE ABOVE THIS LINE FOR RECORDER'S DOCUMENTARY TRANSFER TAX $ ...... _ ........ _.. » ». »...... »..._...... ... Computed on the consideration or value of property conveyed; OR ...... Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax – Firm Name API/ 57-7W­7 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ROBERT L. BULLOCK and LAURA E. BULLOCK, husband and wife, and the CLARY COMMUNITY PROPERTY TRUST, each of whom are the owners of an undivided one -half (1/2) interest in the real Dropperty herein described, hereby GrRANT(S) to the CITY OF SAPT LUIS OBISPO, a municipal corporation, the real property in the City of San Luis Obispo County of San Luis Obispo That portion of the as recorded in Map Licensed Survey Man the County Recorder , State of California, described as Orcutt Subdivision Book 1, Page 12 of in the Office of as follows: (1) The southerly 22 feet of Lot 2. (2) That particular area of Lot 2 bounded by: the northerly line of the above - described area prescribed in (1) above; the easterly line of Lot 2; and the westerly line of Lot 2. December .1, STATE'OF CALIFORNIA I COUNTY OF 1 ss San Luis Obispo ) December on ' 1 1978 before me, the undersigned, a Notary Public in and for said State, personally appeared Rob r T B i 1 1 o k ane9 LnnrA F_ Rnl lnr-k ,., ROBERT LL BULLOCK LAURA E. BULLOCK CLARY By: ST �'!1LLll]L1 Y'1. \:1JL71 \1 U . ,. 'il u.'..—u.. known to me to be the person S whose names are ' t, _nts ttcu >ttesttuuutantntmrurrteetsartn° subscribed to the within instrument and acknowledged SubtCilbed and sworn to before me this OFFICIAL SEA: the executed the same. ,(ra `7� = : _ k; r. GIRARD SCHAFFER Y tp. _,.. WITNESS my hand and official seal, day of 19 —� _i . ����'I• notary Pubroc.,nror��� » LOS ANGELES COUNTY �� /\ 55IO, Expires Feb. 5. 1980 Signature — ��+�+'�� - �2'�'`r �L�j �L �-�G'-- " ^'l.�ra�e6�iA%' e2ticial t•i{o�tar auuurrtt uciP(utS4ii�aurenntnnmeranr State of Cal; - Principal Office, Los Angeles County X116 Walker Ave-i tAaDyQ�q&GJ40210 MAIL TAX STATEMENTS AS DIRECTED ABOVE OFFICIAL S E A.L A INA E. PRICE o-4G xo:+Ry PUSI I. — GCF0RNIA AN WiS C51Si 0 COUiily 14y Cor, Tnssi:a Ezpirm Ap;. 15. 75'3 .� December .1, STATE'OF CALIFORNIA I COUNTY OF 1 ss San Luis Obispo ) December on ' 1 1978 before me, the undersigned, a Notary Public in and for said State, personally appeared Rob r T B i 1 1 o k ane9 LnnrA F_ Rnl lnr-k ,., ROBERT LL BULLOCK LAURA E. BULLOCK CLARY By: ST �'!1LLll]L1 Y'1. \:1JL71 \1 U . ,. 'il u.'..—u.. known to me to be the person S whose names are ' t, _nts ttcu >ttesttuuutantntmrurrteetsartn° subscribed to the within instrument and acknowledged SubtCilbed and sworn to before me this OFFICIAL SEA: the executed the same. ,(ra `7� = : _ k; r. GIRARD SCHAFFER Y tp. _,.. WITNESS my hand and official seal, day of 19 —� _i . ����'I• notary Pubroc.,nror��� » LOS ANGELES COUNTY �� /\ 55IO, Expires Feb. 5. 1980 Signature — ��+�+'�� - �2'�'`r �L�j �L �-�G'-- " ^'l.�ra�e6�iA%' e2ticial t•i{o�tar auuurrtt uciP(utS4ii�aurenntnnmeranr State of Cal; - Principal Office, Los Angeles County X116 Walker Ave-i tAaDyQ�q&GJ40210 MAIL TAX STATEMENTS AS DIRECTED ABOVE 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 Grant Deed dated December 1, , 1979,.from Robert L. Bullock and Laura E. Bullock, husband and wife, and the Clary Community Property Trust, each of whom_are the owners of an undivided *one-half interest, 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: June 7., 1979 ATTEST: sIJ.H. FITZPATRiCK J.H. Fitzpatrick, City Clerk CITY OF SAN LUIS OBISPO By s /LYNN R. COOPER Lynn R. Cooper, Mayor M RESOLUTION NO. 3866 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND CAL COAST CONSTRUCTION, INC. AND 84 LUMBER COMPANY CONCERNING USE OF A WELL AND APPURTENANT FACILITIES. 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 Cal Coast Construction, Inc. and 84 Lumber Company, concerning use of a well and appurtenant facilities is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Director of Public Services, Cal Coast Construction, Inc., and 84 Lumber Company. On motion of Councilman Dunin and on the following roll call vote: seconded by Councilwoman Billi AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of June , 19 79. ATTEST: Clerk J.H. Fitzpatrick R 3866 Approved as to form: City Attorney Approved as to content: City Admi st tive Officer Director of Public Services AGREEMENT FOR USE AND MAINTENANCE OF WELL AND APPURTENANT FACILITIES THIS AGREEMENT, by and among 84 LUMBER COMPANY, a Pennsylvania corporation (hereinafter, "84 Lumber "), CAL COAST CONSTRUCTION, INC., a California corporation (hereinafter, "Cal Coast "), and the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter, "City") . W I T N E S S E T H: 1. 84 Lumber hereby agrees to convey to City an easement for City's exclusive use of the property (hereinafter, "premises conveyed "), described on Exhibit "A" and.delineated on Exhibit "B ", both exhibits attached hereto and incorporated herein by this reference. 2. City shall have exclusive use of the existing well, ten horsepower turbine pump, and appurtenant facilities, on the premises conveyed for any purpose desired by City. 3. City shall make no improvements or modifications to the premises conveyed without first obtaining written permission from 84 Lumber. 4. Cal Coast will make all necessary arrangements for the connection of well facilities on the premises conveyed to City - owned irrigation facilities located on Lot 14 of the San Luis Obispo Suburban Tract (hereinafter, "Lot 14 "). 5. Cal Coast shall pay all electrical costs and maintain the well, pump, and appurtenant facilities on the premises con- veyed in good working condition for a.period of five years `from the date of this agreement. Thereafter City shall assume the obligation for such payment and maintenance. 6. City's rights and obligations hereunder shall terminate upon City's sale or conveyance of Lot 14 or, if not sold or con- veyed, upon the permanent cessation of the use of Lot 14 for irrigated agricultural purposes. i Upon termination City shall prepare and record documents appropriate to City's abandonment of the easement to be conveyed hereunder. 7. This agreement may be modified only by mutual written .. consent of all parties hereto. 8. 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. 9. By execution of this agreement it is agreed that Cal Coast shall be relieved of the cost of replacing an effluent irrigation line across San Luis Obispo Creek,. previously removed during construction of improvements for Tract No. 592, The Meadows. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF SAN LUIS OBISPO ATTEST: s /LYNN R. COOPER Mayor Lynn R. Cooper s1J.H. FITZPATRICK City Clerk J. H. Fitzpatrick STATE OF PENNSYLVANIA SS. COT21TY OF WASHINGTON On May 10, 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared George T. Handyside known to me to be the Vice President of the Oorporation that executed the within Instrument on behalf of the.Corporation therein named, and acknowledged to me that such Oorporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in and for said Oounty and State. Richard E. Brunton, Notary Public 1 North Strabane Township, Washington County 1 My Commission Expires Nov. 8, 1982 Member, Pennsylvania Asrociation el Notaries EXHIBIT "A" PROPERTY DESCRIPTION A portion of Lot 15 of the San Luis Obispo Suburban Tract, in the City of San Luis Obispo, County of San Luis Obispo, State of California, more particularly described as follows: Commencing at the Northeast corner of Lot 15; thence North 641132'15" West, a distance of 987.80 feet; . thence South 26 °16'27" West, a distance of 238.23 feet to the true point of beginning of the centerline of a 20 foot well and appurtenant facilities easement; thence South 26 016'27 "West, a distance of 25.35 feet to the South property line of said property. Bases. of bearing centerline of Higuera North 26 0161.27" East. i CA Np w w B \v — .N � I C b 0 LOT /5 5. Z. Q. SUa U.RaAN 7-j=,. 1a r� n� �z �y 0 mm � �L o r� o` ym �n Ii z:t Pa oC �m ND v (1 m 3 � s: r C � 3 � X � N � m m N b m o z OU • c� LOT /5 5. Z. Q. SUa U.RaAN 7-j=,. 1a r� n� �z �y 0 mm � �L o r� o` ym �n Ii z:t Pa oC �m ND v � I RUCORDING REQUESTED BY CITY OF SAN LUIS OBISPO AND WHEN RECORDED MAIL TO Name City Clerk Street City of San Luis Obispo Address P. 0. Box 321 Cltr a San Luis Obispo, CA 93406 J State L SPACE ABOVE THIS LINE FOR RECORDER'S USE TO 1106 C .AFFIX I.R.S. S IN THIS SPACE I Corporation Grant Deed I THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. 84 LUMBER COMPANY, a corporation organized under the laws of the state of Pennsylvania hereby GRANTS to THE CITY OF SAN LUIS OBISPO an easement over the following described real property in the City of San. Luis Obispo, County of San Luis Obispo State of California: A portion of Lot 15 of the San Luis Obispo Suburban Tract, in the City of San Luis Obispo, County of San Luis Obispor State of California, more particularly described as follows: Commencing at the Northeast corner of Lot 15; thence North 64032115" West, a distance of 987.80 feet; thence South 26016127" West, a distance of 238.23 . feet to the true point of beginning of the centerline of a 20 foot well and appurtenant facilities easement; thence South 26 °16127" West, a distance of 25.35 feet to the South property line of said property. Bases of bearing centerline of Higuera North 26 116'27" East. The easement hereby conveyed subject to the terms and conditions of "Agreement for Use and Maintenance of Well and Appurtenant Facilities" attached hereto and incorporated herein by this reference. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its V1 -President and. Secretary thereunto duly authorized. Dated: _Med Y 16 1979 ZA)A)5 KAWA.3.,a STATE OF 1C-1 COUNTY OF WA514111!9 %61J Ss. On 074Y AOf A9 ?9 before me, the under- signed, a Notary Public in and for said County and State, personally appeared �EoE ?• LIANDL�,S %yE - ,known to me to he the Vr ee President, and 1) a V if] LA Ott A' Cr known to me.to be Secretary of the Corporation that executed the within Instrument, known to me to be the persons who executed the within fnstrument on behalf of the Corporation therein named, and acknowledged tome that such Corporation executed the within Instru- ment pursuant to its by- -laws or a resolution of its board of directors.. WITNESS my hand and official seal. (Seal) Signature Name (Typed or Pri Notary Public in and for said 84 Lumber Company By 10E President Pennsytvania ALMdation of 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 Corporation Grant Deed dated May 10, 1979 , 1979, from 84 Lumber Company 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: June 7, 1979 ATTEST: W.H. FITZPATRICK J.H. Fitzpatrick,.City Clerk CITY OF SAN LUIS OBISPO By s6LM R. COOPER Lynn R. Cooper, Mayor ,T RESOLUTION NO. 3865 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE INSPECTION AGREEMENTS FOR MINOR.PROJECTS AND THE PUBLIC SERVICE'S DIRECTOR TO ACCEPT THE WORK 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 "Inspection Agreements for Minor Projects" (form agreement attached hereto) on behalf of the City of San Luis Obispo, as may be necessary from time to time. SECTION 2. This Council also hereby authorizes the Public Services Director to accept improvements constructed in accordance with City specifications for maintenance by the City providing that said improvements lie within the public right -of -way or in a public easement. On motion of Councilman Dunin , seconded by Councilwoman Billig and on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 5th day of June 1979. tayor ynn_. oper ATTEST: oved a nIt - - -- - _ r� " Ci erk J.H. Fitzpatrick City A ministrative Officer Approved as to form: /)/LA L City Attorney Public Services Director - Community y e It opmen rector R 3865 INSPECTION AGREEMENT FOR MINOR PROJECTS THIS AGREEMENT, dated this day of 19 79, by and between herein referred to as "Developer," and the CITY OF SAN LUIS OBISPO, herein referred to as "City." WITNESSETH: WHEREAS, Developer wishes to construct WHEREAS, Developer wishes the City to accept these improvements for perpetual maintenance, and WHEREAS, the City will not accept these improvements without City inspection. NOW THEREFORE, in consideration of their mutual convenants and promises contained herein, the parties hereto agree as follows: 1. Developer does hereby agree to construct and install the improvements described above in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, and to deposit with the City, the sum of $ from which deposit the City will pay the salary and expenses of an inspector to inspect installation of the improvements. 2. Upon payment of the sum set out in Section 1 above, City will provide an inspector for the improvements to guarantee that the work is completed in accordance with the plans and specifications. Any unexpended funds will be returned to the Developer. If the deposit proves to be insufficient, additi onal funds shall be deposited: to cover the required amount. IF WITNESS WHEREOF, this agreement has been.executed;by: Developer Community Development Director RESOLUTION NO. 3864 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING ELECTION EXPENSE APPROPRIATIONS FOR THE 1979/80 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the J. following accounts be increased to cover the cost of the City Election held on March 11, 1979. .. Account Description (20)01- 3402 -010 Election Expense - Postage (20)01- 3402 -012 Election Expense - Printing. (20)01 -. .3408 -090 Election Expense - Data Processing (20)01- 3408 =110 Election Expense - Contract Labor (20)01= 3408 -119 Election Expense - Other Contract Service (20)01- 3498 -000 Election Expense - Miscellaneous Expense 01 =0510 7000 Appropriation 01- 0600 -000 Unappropriated Balance Amount. $ 1.,800. DR. 300. DR. 2,400. DR. 3,100. DR. 220400. DR. 12,000. CR. $18,000. 18,000. CR. 18,000. DR. On motion of Councilman Jorgensen , seconded by Councilwoman Billig , and on the following roll call vote: AYES: Counclmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day-of June , 1979. ATTEST: etc J. Fitzpatrick Approved as to form: CiV Attorney G. Thacher Approved as to content: R 3864 O RESOLUTION NO. 3863 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT'MAP'NO. 773 LOCATED AT 1650 SOUTHWOOD DRIVE 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 773 and the Planning Commission's recommendations, staff recommenda= tions 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.. Environmental Impact Determination THE CITY COUNCIL hereby endorses the ffnding of the City's_ Environmental Review Committee that the project would not have potential for significant adverse impacts to the environment and grants a negative declaration. Variances Granted GRANTING of variances for lots 2, 3, 4i and 5 which do not meet minimum lot depth requirements with the following findings: 1. The particular shape of the property makes it impossible to provide a suitable subdivision design otherwise complying with city standards without minor variations to lot depth requirements for the above lots. 2. The strict literal interpretation of the: lot depth requirement would result in oversized lots out of character with the other lots in the subdivision and thereby does not constitute a grant of special privilege-. 3. The variances to lot depth provide for suitable building sites for the con- struction of conventional housing which would occur in the rest of the sub - divfsion, promote efficient use of land and thereby.would carry out the spirit and intent of the subdivision regulations. SECTION 2. That the approval of the tentative map of tract 773 be subject to the following conditions: 1. Subdivider shall submit a hydrology study by a licensed civil engineer supporting proposed drainage facilities to the satisfaction and approval of the city engineer. R 3863 i Resolution No. .3863 Tract 773 Page 2 2. Subdivider shall submit a final grading plan with soils report, to the satisfaction and approval of the city engineer. 3. Final map shall show street radius adjusted to conform to city standards. 4. Applicable water and sewer charges shall be paid by the subdivider at time of filing final map. 5. Sewer and water mains (water looped to adjacent tract) shall be installed within easement acceptable to the City Engineer. 6. Vehicular access rights to Southwood Drive for lots 11 and 12 shall be dedicated to the city by way of a one -foot reserve strip to approval of the City Engineer.. 7. Street shall be dedicated and improved with curb, gutter, sidewalk, paving, street lights and utilities to city standards and approval. Utility easement shall be provided where required. Southwood improvements shall be within the city's right -of -way. 8. A note shall be placed on the final map stating that lots shall not be graded except for driveways and building foundations.. 9. Subdivider shall install street trees along all street frontages to city standards. 10. All lot corners shall be staked by a registered civil engineer or licensed land surveyor to city standards. 11. Subdivider shall install fire hydrants to city standards and approval. 12. Subdivider shall install stop signs, street name signs and other traffic control devices throughout the tract as determined necessary by the City Engineer. 13. Final map shall show street name Colina Court as approved. _ 14. Area shown , on -tentative tract map as. part shall .... .become _part of Lots 10- `and -11 in a manner subject to.staff approval.,: -Subdi "eider shall pay fees' -in-lied-of park dedication as specified by-city subdivision regulations. 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 th ATTEST: Cit � Fitzpatrick June; 1979. G. Resolution No. 3863 Tract 773 Page 3 Approved as to form: //IVA City Attorney, George Thacher drs 2/23/79 0 Approved as t ontent: Admin' a ve Officer, Leland Walton Usm*W4 &V�-.000wom1w Community De lopmen apartment Henry Engen, irector ty E neer, Vayne Peterson 0 RESOLUTION NO. 3862 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -051, LOCATED-AT 2943 JOHNSON AVENUE 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 -051 and the Planning Commission's recommenda- tions, 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 R -1 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 79=051 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 separate utilities to each parcel to the approval of the City Engineer. Water meters shall be in sidewalk at Johnson Avenue. (3) Subdivider shall prepare a common driveway agreement, and submi .-t it to the city for approval and recordation prior to final map approval. (4) Subdivider shall pay park in -lieu fees for parcel B prior to final map approval. 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 5th day of June I&one]R R 3862 c% + Draft Resolution 3862 Minor Subdivision -051 - 2 - ATTEST: Ci erc��.H. Fitzpatrick Approved as to form: City Attorney a iJ 4/27/79 1979 Series Lynn R. Approved as to content: r 'col r Cit mini ative Officer f bk�� Commu ytin Deve opment Department RESOLUTION NO. 3861 (1979 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 77 -428, LOCATED AT 475 RAMONA DRIVE 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. 77 -428 and the Planning Commission's recommenda- tions, 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 R -1 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 77 -428 be subject to the following conditions: (1) Demolition of existing dilapidated house and garage shall be completed prior to final map approval.- -- (2) Existing garage for front residence to be_ removed, and new garage constructed, prior to final,_map. approval (3) Subdivider shall prepare a common driveway agreement for city approval and recordation. (4) Subdivider shall construct 16' wide common driveway from Ramona Drive to lot one, design and paving to meet city standards. (5) Subdivider shall landscape a 4' wide strip between the common driveway and easterly subdivision boundary, to the approval of the Community Development Staff. (6) All new lot.corners shall be staked by a registered civil engineer or licensed surveyor. (7) Subdivider shall pay water frontage and acreage fees as determined by the city engineer. (8) Subdivider shall pay park in -lieu fees per Municipal Code 9100.3.12 for parcel 1. (9) All new utilities shall be installed underground. R 3861 . Minor Subdivision 428 Drift- Resolution.No. 3861 - 2 - 0 1979 Series (10) Subdivider shall install individually metered water service to lot 1. Meter shall be located in sidewalk at property frontage. 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 qtj, day of June 1979. ATTEST: r< J.H. Fitzpatrick Approved as to form: City Attorney JJ 4 -27 -79 Approved as to c ent: it trative Officer Commum ty Development Department . "/,.� /C 'C iV RESOLUTION N0.3860 (1979 Series) RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO REQUESTING THE STATE DEPARTMENT OF TRANSPORTATION OR FEDERAL HIGHWAY ADMINISTRATION TO APPROVE FEDERAL AID URBAN PROJECT FOR THE CITY OF SAN LUIS OBISPO URBAN AREA WHEREAS, the Congress of the United States has in a Federal Aid Highway Act of 1978 declared it to be i'n the National interest for Federal funds to be expended for highway projects on the Federal Aid Urban system, and WHEREAS, based on the 1970 census, the Bureau of Census has designated the City of San Luis Obispo as an urban area, and WHEREAS, before Federal Aid will be available for Urban system projects within the urban area, the Federal Aid Urban Project must be designated. NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: The City Council of the City of San Luis Obispo request that the proposed Federal Aid Project as shown on attached Exhibit No. "1" be approved by the State Department of Transportation and the Federal Highway Administration as a Federal Air Urban Project -. On motion ofCouncilwomain Billie seconded byCouncilman Bond , and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin and Mayor Cooper NOES:'C_ouncilman Jorgensen ABSENT: None the foregoing Resolution was passed and adopted this 5th day of 1979. R 3860 C1 Resolution No. 3860 ATTEST: CW UT-e ft J.H. Fitzpatrick Approved as to form: City Attorney 3 (1979 Series) Lynn R. Approved as ntent: City Ad strative Officer :En i neer� t ! I 9 T 7 EXHIBIT NO. 111" "CITY OF SAN LUIS OBISPO PROPOSED FEDERAL AID URBAN PROGRAM 1979 -1982 1979 -82 ALLOCATION ESTIMATE: $586„000 REMAINING FROM PREVIOUS ALLOCATIONS: -0- TOTAL: $568,000 PROPOSED EXPENDITURES 1979 -82 LOCAL PROJECTS ON FAU SYSTEM: $568,000 5 1979AGENDA ITEM # Cd�TA s ) APPROVED ( ) DEN4iD Community Development ( ) CONTINUED TO FOR Lee Walton, City Administrator MEETING DATE June 5 1979 STAFF Ely Wayne A. Peterson, City Engin e REPO� John Hawley, Engr. Associate ITEM NO. PROJECT ADDRESS FILE NO. SUBJECT: Resolution requesting the State Department of Transportation or Federal Highway Administration to approve Federal Aid Urban Project for the City of San Luis Obispo SITUATION : The California Department of Transportation has notified the County of San • Luis Obispo that the new Federal Aid Urban (FAU) fund allocations will be made available in the near future. Per requirements of the Federal Highway Administration and Caltrans, all participating local agencies, before receiving FAU apportionments, must prepare a four year program (fiscal years 1978 -79 to 1981 -82) of project(s) to be funded under the new act. Said program must be approved by the authorized City Officials, and then filed with the District Director of Transportation. STAFF POSITION Adopt the attached Resolution, with Exhibit No. "l ", to enable the City to obtain its apportioned share of FAU funds. If approved, please transmit the signed documents to the City Engineers office, as the Resolution must be forwarded to the County Engineers office for their review and processing to the State. JH:sh 5/24/79 Enclosures: Resolution Exhibit No. MY Of SAn luis omq)o CyA so RESOLUTION No. 3859 (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT MAP NO, 822 LOCATED AT 3301 BROAD STREET .J ." �o L 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 822 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 subdi.vision or the_type of improvements will not conflict with easements, for access through o'r,- =.use of property within the proposed subdivision. SECTION 2. That the approval of the tentative map for Tract 822 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. 4. Subdivider shall pay water acreage charges as determined by the city engineer prior to final map approval. 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. Water mains shall be public and be 8 -inch ductile iron. Easements as necessary shall be provided as required by the city engineer. 7. New sewer mains within driveways shall be public. All other sewers on -site shall be private. Access to existing public sewer main shall be to the satisfaction of the Public Services Department. No structures shall be allowed within existing or new sewer easements. 8. All private driveways shall be improved to standards approved by the city engineer. 9. Subdivider shall improve Rockview Place across entire frontage with curb, gutter, 4 -foot integral sidewalk and driveway ramps to city standards and improve and reconstruct entire street pavement section to the approval of the city engineer. A contribution, as determined by the city engineer, may be paid to the city in lieu of street reconstruction, in which case temporary pavement to new gutter would be required. 10. Subdivider shall install driveway ramp and 6 -foot integral sidewalk across entire Broad Street frontage to the approval of the Public Services Department. R 3859 00 Tentative Map 822 (1979) 11.. Final map shall note entire site as a blanket utility easement acceptable to the utility companies and city engineer. 12. Subdivider shall install traffic control devices /signs on -site to the approval of the city engineer. 13. Subdivider shall in street trees along both street frontages to the approval of the Public Services Department. 14. Final map shall show access rights to Broad Street, with exception of driveway, dedicated to the city by way of a one -foot reserve strip to the approval of the city engineer. 15. All storm drainage channels and facilities shall be designed and installed to current design criteria and to the approval of the city engineer. 16. Final map shall note the lowest finish floor elevation for any construction and shall be one foot above the 100 -year design storm elevation. 17. Subdivider shall soundproof the interior of the dwelling units to a 45 db level consistent with the General Plan Noise Element. 18. Recreation facilities on site shall receive no credit for subdivision park dedication requirements. Subdivider shall pay park in -lieu fees prior to final map approval. 19. 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. A homeowners association to enforce the CC &Rs and provide for professional, perpetual maintenance of all common areas including landscaping, building exteriors, private driveways, drainage facilities, lighting, walls, fences, etc., in first class condition; b. A right of the City of San Luis Obispo to compel performance if the homeowners association fails to perform and assess the homeowners association for expenses incurred; c. No parking in private driveways except in approved designated spaces; d, A 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, trailers or inoperable vehicles; f. No unscreened outside storage by individual units; g. Ownership and occupancy restrictions limiting all units to owner occupied for a period of two years from initial sale. 20. Subdivider shall prepare and submit for approval of the Community Development Department staff an addressing plan with directory boards to be installed at each entrance by the subdivider. On motion of Councilman .Jorgensen _.' seconded by Councilwoman Billie and on the following roll call vote: AYE: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOE: None ABSENT: None The foregoing resolution was passed and,.&�)pted this 5th day of June, 1979. Tentative Map 822 (1979) ATTEST er !k J.H. Fitzpatrick Approved as to form: City Attorney KB :L 4/27/79 e RESOLUTION NO. 3858 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION (RUSSELL E. JOHNSON, APPLICANT; ARC NO. 78 -80). WHEREAS, Russell E. Johnson (Applicant) has applied to the Architectural Review Commission (ARC) for approval of plans for a proposed auto repair shop at 2524 Broad Street (ARC file No. 78 -80); and WHEREAS, after several meetings the ARC denied the proposal for the reasons set out in its April.2, 1979, minutes; and WHEREAS, Applicant has appealed that denial to the City Council; and WHEREAS, on May 15, 1979, at 7:30 p.m., the City Council held a public hearing to consider the appeal; and ' WHEREAS, having heard testimony given at the public hearing, having considered all the documents concerning the appeal .provided in the Agenda Packet for the May 15, 1979, meeting, having reviewed Applicant's proposed plans for the site and shop, and having discussed the matter at the May 15, 1979, meeting with staff and among themselves, the council desires to deny the appeal, NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The council finds that to the extent that the denial of the ARC was based on aesthetic considerations, the denial was proper and within the.discretion granted the ARC by and through the San Luis Obispo Municipal Code and the ARC Guidelines. Section 2. Applicant's appeal hereby is denied.. Section 3. The proposal is referred back to the.ARC for review of the aesthetic considerations supporting the ARC denial. R 3858 CT Resolution No. 3858 . . 13 (1979 Series) On motion of Councilman, Bond seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Bond, Duninjorgensen and Mayor Cooper NOES None ABSENT: Councilwoman Bi-llig the foregoing resolution was passed and adopted this 15th day of May 1979. ATTEST: C' Clerk J. H. Fitzpatrick Approved As to form: Approved as to content: City Attorney City L&ihistrative Officer Coimxinity DeVdt#iienf Ijrector TJ RESOLUTION NO. 3857 (1979 Series) PROPOSED RESOLUTION FOR EMERGENCY EVACUATION PLANS IN CASE OF AN ACCIDENT AT D_IABLO CANYON NUCLEAR-POWER PLANT WHEREAS the Nuclear Regulatory Commission is currently considering Pacific Gas- and Electric Company's application for a license to operate the Diablo Canyon nuclear -power plant in San Luis Obispo County, California, and, WHEREAS the recent accident at the Three Mile Island nuclear power plant near Harrisburg, Pennsylvania has served to remind us all that a major accident at a nuclear power plant is always a .real possibility, and, WHEREAS events following the Three Mile Island accident graphically demonstrates that it is impossible to prepare and implement an adequate emergency evacuation plan in the period of confusion and concern immediately following a nuclear accident, and WHEREAS an adequate emergency evacuation plan does not currently exist for an area within a 25 mile radius of the Diablo Canyon nuclear power plant; which area could well be exposed to dangerous levels of ,radiation in the event of a major accident, and, WHEREAS .seventy (70) local concerned physicians have stated that medical facilities for handling a major release of nuclear energy from Diablo Canyon nuclear power plant are inadequate; NOW THEREFORE, BE IT AND IT IS THEREBY RESOLVED that.the San Luis Obispo City Council strongly urges the Nuclear Regulatory. Commission to withhold issuance of an operating license for the Diablo Canyon nuclear power plant until the San'Luis Obispo City Council, in conjunction with other Local, State, and Federal elected bodies and administrative agencies, develops An adequate emergency evacuation plan_for an area within a 25 mile radius so that the public health and safety of the citizens of San Luis Obispo will be protected in the event of a major accident at the Diablo Canyon nuclear power plant. 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: None ABSENT: Councilwoman Bllig the foregoing resolution was passed and adopted this 15th day of May, 1979. R 3857 Resolution No. 3857 ATTEST: y Clerk J.H. Fitzpatrick �1 (1979 Series), r RESOLUTION NO. 3856(1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING NEW ACREAGE AND FRONT FOOTAGE FEES AND SUPERSEDING RESOLUTION NO. 3556 (1978 Series). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The following fees are establishing in accordance with pro- visions of Municipal Code Section 7410.5.1 - Additional Charges for Water Service: (1) Acreage Charge: $1,160 per acre (2) Front Footage Charge: $11..60 per front foot SECTION 2. Resolution No. 3556 (1978 Series) is hereby superseded. SECTION 3. This resolution shall become effective immediately upon adoption. 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: None ABSENT: Councilwoman Billig the foregoing resolution was passed and ATTEST: lrp 5/8/79 this 15th day of may 1979. R 3856 0 Approved as to form:. Approved as to content: City Attorney City Admin stkative Officer lrp 5/8/79 'Director of Public Services Utilities Engineer RESOLUTION NO,. 3855 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE C - ITY 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:.Jbhnsbn,-Ave'Pump Station-Modifications CITY PLAN NO.: C-02 ESTIMATE: $15,000.00 BUDGET ACCOUNT: 21-5071-C.02 BIDDER: Melcher Construction BID AMOUNT: $22,888.00 SECTION 2. That the City Clerk is directed to prepare the appropriate documents for signature by the *successful bidder and , the Mayor. On motion of Councilman Dunin seconded by Councilman Jorgensen—, and, on the following loll tall vote: AYES: Councilmembers Dunin, Jorgensen, Bond and Mayor Cooper NOES• None ABSENT: Councilwoman Billig the foregoing resolution was passed and 1979. ATTEST: Approved as to form: this. 15th day of -May- -5 V Approved as to content: City Att6rEe­y--Ge&fge Thacher City `Administrative Officer Leland Walton .Funds A ble: F J-R-gn Direct dr R.C. MifraVez R 3855 U RESOLUTION NO. 3854 (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: Cathodic Protection ESTIMATE:, $13,000.00. BIDDER: Wallace & Tiernan CITY PLAN NO.: C -26 BUDGET ACCOUNT:. 40 =6363 =831 BID AMOUNT: $9,300.00 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 Jorgensen, Dunin, Bond and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing resolution was passed and 1979. ATTEST: Approved as to form: this 15th day of May , Approved as to content: too— City Attorney George Thacher City dmini trative Officer Leland Walton Funds Available: inan ector R. Muravez R. 3854 RESOLUTION NO. 3853 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND LINNAEA PHILLIPS , TO COORDINATE ALL MISSION PLAZA PROGRAMS, ACTIVITIES AND EVENTS. 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 and LINNAEA PHILLIPS , to coordinate all Mission Plaza programs and events from July 1, 1979, through June 30, 1980, 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: LINNAEA PHILLIPS Director of Parks and Recreation, City Finance Department, City Personnel Department. 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: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 15th day of May 1979. ATTEST: Approved as to form: City Attorney r Aaaroved as to content: Director of Public Services Personnel DirecX7r / R 3853 AGREEMENT This. agreement, effective July 1, 1979, is by and between the CITY OF SAN LUIS OBISPO (hereinafter referred to as "City"), and LINNAEA pHi TPS (hereinafter referred to as "Coordinator"). WITNESSETH: WHEREAS, City desires to promote Mission Plaza as a com- munity recreational area; and WHEREAS, The coordination and development of cultural and recreational events in Mission Plaza is a desirable asset to the City; and WHEREAS, LINNAEA PHILLIPS is qualified to carry out such activities on behalf of the City; and WHEREAS, the provisions of the Government Code of the State of California authorize the expenditure of public funds by a municipal corporation as therein and herein provided: NOW, THEREFORE, City and Coordinator, for and in considera- tion of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. The term of this agreement shall be from July 1, 1979, through June-30, 1980, with one month as unpaid vacation and determined by mutual consent between Coordinator and Director.of Parks and Recreation, and this agreement shall be subject to earlier termination by either party as.otherwise provided herein. 2. Coordinator will perform duties as set forth in Exhibit "A ", attached.hereto. 3. Notwithstanding the wording of Exhibit "A ", or any other representations, oral or written, between the partie.s, including any and all agents or representatives thereof, Coordinator, at all times covered by the terms of this agreement, is acting as a free and independent contractor, and not as an employee of the City. The City.Park and Recreation Department shall provide broad general guidance and Coordinator shall be expected to use initiative and discretion in performing the details of the work. The records 0 0 required to be kept by Coordinator under this agreement are solely to provide City with criteria for evaluating.t.he over -all value of this and possible subsequent contracts and not as details to estab- lisp performance or non - performance by-Coordinator. 4. Coordinator will receive notice of monthly meetings of both Park and Recreation Commission and Promotional Coordinating Committee and act as liaison between the two advisory bodies. Coordinator will attend such meetings of either advisory body when placed on the agenda to provide reports detailing events, coming events and expenditures. 5. The Coordinator will work no less than twenty -five (25) hours each week and as necessary to maintain control during City sponsored events. 6. City agrees to pay Coordinator Three Hundred Seventy Dollars ($370) per month for eleven (11) months for a total Yearly compensation of $4070. 7. City agrees to pay monthly phone bills as submitted by Coordinator to Park and Recreation Department. 8. City agrees to pay miscellaneous expenses incurred in planning and producing City sponsored programs and events. The Coordinator will discuss miscellaneous expenses with Park and Recreation Department prior to purchase and be responsible for submitting invoices to Park and Recreation.Department for approval prior to payment by the City Finance Department. 9. City agrees to allow Coordinator the use of the Murray Adobe for office operations. Said office shall be open twenty (20) hours per week as announced to allow public access to n;useum dis- plays and office. No sales will. be made at the Adobe. 10. Either party may terminate this agreement prior to its Normal expiration by mailing a notice of termination by certified mail to the other party at the respective addresses as follows: CITY: City Clerk City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 COORDINATOR: Linnaea Phillips 676 Pismo San Luis Obispo, CA 93401 The agreement shall be terminated thirty (30) days after the mailing of such (notice, or sooner if the parties so agree in writing. Obligations due and payable on the termination date shall be calculated pro -rata based upon the calendar days in the month. IN WITNESS WHEREOF, the parties hereto have executed this agreement. ATTEST: s/J.H. FfTZ°ATR!CK City Clerk Approved as to form: City Attorney MISSION PLAZA EVENTS COORDINATOR CITY OF SAN LUIS OBISPO s /LYNN R. COOPER ayor Approved as to content: Admi n4,1rt n4,1' rati ve Of cer Personnel Dire Voir MISSION PLAZA EVENTS COORDINATOR Goals of the Coordinator: To investigate and, where possible, develop new possibilities for events in Mission Plaza, including but not limited to: May Day Old Fashioned Fourth of July Fall Fair Christmas in the Plaza To develop a group of small events with cross - section interest; To develop a group of small events which stress the Cultural and Heritage of San Luis Obispo, past and present; To continue Murray Adobe as display space; To continue development of evening concerts and other activities in Mission Plaza. Duties of the Coordinator: To write, produce and distribute news releases, stories and utilize personal contacts with the media to publicize events in the Mission Plaza. To act as liaison between Promotional Coordinating Committee, Park and Recreation Commission and Park and Recreation Department. To act as liaison between Old Mission Church and Park and Recreation Department concerning scheduling of events. To be responsible for scheduling and keeping master schedule of all Mission Plaza Events in accord with Mission Plaza rules and regulations.. To disseminate information concerning use of Mission Plaza to potential users and act as consultant in programs and activities not sponsored by the City. To coordinate and develop local events and activities which will fulfill those ideals stated in Plaza use Philosophy and in- cluded in Mission Plaza rules and regulations. To maintain liaison with various community groups, and individuals who can provide information, exhibits, et cetera for use in the Mission Plaza. EXHIBIT "A" RESOLUTION NO. 3852 (19 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND FOSS $ ASSOCIATES FOR NEGOTIATIONS AND CONSULTANT SERVICES IN EMPLOYER - EMPLOYEE RELATIONS. 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 Foss F, Associates 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: Gary C. Foss of Foss and Associates and Rudy Muravez, City Finance Director. 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: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 15th day of May , 1979 ATTEST: �/. R 3852 Resolution No. 3850 Approved as to form: ZAL&=�� - City Attorney '�D (1979 Series) Approved as to content: City A ni rat ve Officer / ec or K OEXHIBIT "A" AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND FOSS_& ASSOCIATES FOR NEGOTIATIONS AND CONSULTANT SERVICES IN EMPLOYER - EMPLOYEE RELATIONS THIS AGREEMENT, entered into this 16th day of May, 1979, by and between the CITY OF SAN LUIS OBISPO,.a political subdivision of the State of California (herein called "City "), and FOSS & ASSOCIATES, 340 Second Street, Los Altos, California 94022 (herein called "Consultant "). WITNESSETH: WHEREAS,.City is obligated pursuant to state law and city policy to meet and confer with recognized employee organizations representing its employees in their employment relations with' the. City; and WHEREAS, The City Council desires to engage professional assistance in matters of labor relations representation and negotiations and in accomplishing the process of said meeting and conferring in relation thereto; and WHEREAS, Consultant is a professional labor relations consultant and represents tive, who is I well qualified by education and experience to provide such services; and WHEREAS, City, proposes to engage Consultant in accordance with the terms and conditions set forth herein to render such services. NOW, THEREFORE, the parties hereto.do mutually agree as follows: 1. Employment of Consultant. City hereby agrees to engage'Consultant, and. Consultant hereby agrees to provide the services hereinafter set forth in- volving labor relations negotiations and the instruction and training of management personnel in the implementation of labor relations agreements. 2. Contacts for Responsibility. The City Administrati've.Officer shall represent the City for the purpose of administering this Agreement. Gary C. Foss will provide services to City as forth in Section 3 of this Agreement. Consultant shaPnot delegate or assign his res(nsibilities under this Agreement without the prior written approval of City having first been. obtained. 3. Scope of Services. Consultant shall provide his special knowledge, services and.skills as follows: a. Consultant shall act as City's principal representative and chief negotiator at all meet and confer sessions. held with the Miscellaneous,.Law Enforcement (police), and Fire Service units.. All such representations and negotiations shall abide by the guide- lines established by the City, and Consultant shall meet and confer as often as is reasonably necessary until agreement with such - bargaining units is reached in conformance with such guidelines, or until the City .Council• has determined, after consultation with Consultant that agreement is not reasonably possible with such bargaining units. Consultant may also act as City's representative at any and all impasse proceedings which may be conducted, such as mediation or factfinding. Consultant shall meet with the City Counc -il as often as is reasonably necessary during.each meet and confer process to review City's position and obtain further instructions.. b. When agreement is reached with an employee bargaining unit, a Memorandum of Understanding will be prepared by Consultant and sub - mitted to the City Council for approval. When so approved, Consultant shall meet with City's management team to explain the provisions of any approved Memorandum of Understanding developed pursuant to this agreement and to explain any changes in wages, hours and working con- ditions 'instituted by the City following the meet and confer process. Page 2 c. Upc `*utual.consent of the parties,;' ' su'ltant shall act as City's principal representative and chief negotiator for units in addition to those listed in 3(a) above. Such additional service shall be rendered at an annual retainer rate or at a.fee mutually acceptable to the parties. d. Consultant shall provide ongoing advice, consultation and assistance.throughout the term of this Agreement via telephone or in person relative to the administration of the Memorandum of Under- standing or other employer- employee relations matters mutually agreed upon within the fee structure of this Agreement. 4. City Assistance. City shall assist Consultant by.providing information, personnel, space and facilities as follows: a. All information reasonably within City control or accessible to City and which may be helpful to Consultant in the performance of his services as provided herein.; and b. A management team composed of members of the affected departments and, at least, one member of the City Administrator's Office to assist Consultant during the meet and confer sessions; and c. Supplemental clerical and stenographic assistance as Consultant may reasonably require for the performance of his services as provided herein; and d. A suitable location whereat meet and confer sessions may be conducted. 5. Term. The term of this Agreement shall commence on May 16, 1979 and end on July 31, 1979, except that.the Agreement may be terminated by either party upon five (5) days written notice. Page 3 6. Fee Arran , nt. In consideration for the Ovices described above, the City agrees to pay Consultant an hourly rate of $40.00 for each hour of service performed pursuant to this Agreement. Said hourly rate is to be billed. on a monthly basi's on or before the 15th of each month following the month that the services were performed. Payment of the'bill as submitted shall constitute payment in full for services rendered up to the final day of the indicated billing period. T. Travel and Lodging.. Consultant shall submit within thirty (.30) days after the payment of an itemization of his travel expenses including lodging, meals and transportation on a form acceptable to City. City shall pay within thirty (30) days of receipt of billing all reasonable expenses incurred for transportation, lodging and meals incurred in the performance of this Agreement.. 8. It is expressly understood and agreed to by both parties that Consultant,. while engaged in carrying out and complying with any of the terms and con- ditions of this Agreement, is an independent contractor and is not an employee of the City. IN WITNESS THEREOF, the parties have caused this Agreement to be executed on the day and year first above written. FOSS & ASSOCIATES B D 6=L Gary C. Foss CITY OF SAN LUIS OBISPO, ATTEST: a municipal corporation /LYNN R. COOPER s /J.1i. FITZPATRICK . By City Clerk J. H..Fitzpatrick Mayor Lynn R. Cooper Page 4 / =10 RESOLUTION NO. 3851 (19 79 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE MEADOWS CONCERNING TRACT 592. 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 Meadows for assuming and performing duties under the subdivision improvement agreement for Tract 592, 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 MEADOWS c -o Cal Coast Construction and to the City Engineer. 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: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 15th day of May , 1979 ATTEST: R 3851 Resolution No. 3850 Approved as to form: City Attorney j(1979.Series) Approved as to content: <jaEFAd&­nistYatI-V-e Officer AGREEMENT THIS AGREEMENT, made and entered into this 15th day of allay _, 1979, by and between THE MEADOWS, a partnership organized under the laws of the State-of California, and the CITY OF SAN LUIS OBISPO, a municipal corporation, (hereinafter, "City "). W I T N E S S E T H c WHEREAS, The Meadows is a California partnership consisting of three partners: Cal Coast Construction, Inc., Karl Kundert, an individual, and Robert Karger, an individual; and WHEREAS, City has approved a final subdivision map entitled "Map of Tract No. 592, The Meadows, City of San Luis Obispo, California," wherein.the owner's certificate named The Meadows as owner, with all three partners signing same; and WHEREAS, the subdivision improvement agreement covering Tract No. 592 (a copy of which is attached hereto and incorporated herein by this reference) was prepared in the name of and signed by only Cal Coast Construction, Inc., as subdivider; and WHEREAS, it is the desire of the parties hereto to confirm their mutual intent that the attached subdivision improvement agreement shall obligate The Meadows to perform the terms thereof. NOW, THEREFORE, the parties hereto agree as follows: 1. The Meadows hereby agrees to assume and perform any and all rights, duties and obligations set out in the attached agree= ment as they apply to the "Subdivider" referred to therein. IN U IN WITNESS WHEREOF, the parties affix their signatures hereto on the date first written above. ?' ryIOFF CI.AL SEAL�`y ..° r (Notary)'• : . . NOTA Y "'IJOLIC - CAL;FORNIA': J I. ICE IN O-.;-ICE VR.1.1 -S U SAN ttJ�S O'�i:i70 COOaTV . 9 My Commission Expires November 2, 1981 ; <s: OFFICIAL SEAL A. D. AAP:ErUD NOTA Y Pil!: LIC . CALIFORNIA (Notary' PI;GVCiPAI. OFFICE IN "N `•'� SA" !.U.S OCI,VO COU.TY My Commission Expires November 2, 1981 THE MEADOWS Cal Coast Construction, Inc. General Partner By Bill Poe, President Karl Kundert Limited Partner s -: OFF CIAL SEAL f A. D. AA ^1ERUD (Notary ,. •+ (NOTpP PU "LiC C.ILIF IN ( —79 '4 )�; r -, ('`/ FRINC:PAL OFFCE IN !WS / \��.t" l� $£., SAN Lua o -asr'o COUNTY Robert riarger j� my Commission Expires f:ovcmber 2• 1981 :� 7 j,1 ., I I — :4: Limited Partner ATTEST: s /J.H. FITZPAT RICK J. H. Fitzpatrick City Clerk Approved as to form: City Attorney CITY OF SAKI LUIS OBISPO A Municipal Corporation SILYNN R. COOPER Mayor Lynn R. Cooper AGREEMENT THIS AGREEMENT, dated this 11th day of Se2t2 her , 197_, by and between fit Coant Construrrion _ , herein referred to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the "City ". W I T N E S S E T H: REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, description of which is shown on final "Map of Tract No. 592 The Meadows City of San Luis Obispo, California ", as approved by the City Council, on the 5th day of September., 19 78 WHEREAS, the Subdivider desires that said Subdivision Map of said Tract- No. 592 be accepted and approved as a final map pursuant to the Subdivision Regulations and .- 'Ordinances of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Sub- divider agrees to install the street improvements and utility lines• ;and facilities as set forth on the plans therefore. NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision ordinances and regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURBS, GUTTERS and SIDEWALKS 2. STREET BASE and SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES S. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec- tion and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has prop- erly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY $ ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved -by said City Engineer. The lines and grades for all of said improvements shall be establshed by the - Subdivider in accordance with said approved plans and specifications.- ,-=°'_ The Subdivider agrees that the work of installing the above imoro•:ements ,hall begin within thirty (30 ) days from the date of recording of the final mao, and that the work shall be completed within eighteen_ (18) months of said recording date, unless an extension has been granted by the City Council, provided that if completion of said work is delayed by acts of God or strikes, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. The Subdivider does also agree to comply with the V following conditions establi- shned by the Planning Commission and /or the City Council. AV The developer shall pay to the city the sum of $13.950.00 which is based ' {` � upon the following formula ($150.00 per lot x 93 lots) this fee is in -lieu �I of parkland dedication. �q052. The developer shall pay to the city the sum of $15,515.00 which is based upon 1•f� the following formula (14.50 acres x 1070.00 per acre) this is for water acreage fees. 1rAj�IE3 The developer �`<<1 the following water frontage ^�i1d4. The developer �i`iti4 the following this fee is a shall pay to the city the sum of $2849.35 which is based upon formula ( 569.87 feet of frontage x $5.00- /foot) this is for a fees. shall pay to the city the sum of $1,000.89 which is based upon formual ($3.471698 per person x 3.10 persons per lot x 93 lots) sewer connection. 5 The developer shall deposit with the city a cash bond in the amount of XAi '9,f10 $13,000.00 to assure the final monumentation of the subdivision. Said de- M1, posit will be released to the developer upon receipt by the city of a letter from the surveyor indicating he has completed the work and has been paid. f 11410r� Grading permit fees in the amount of $823.70 shall be deposited with-and 4tjiIf treated as normal subdivision inspection fees. a developer amount is met. 1(Condition #27 requires replanting of trout smolts in San Luis Creek.8. he city will retain $55,0 0.00 for a landscaping bond, for one year from acceptance of the improvements. 9. All the conditions set'forth in the grading agreement shall be made a part *10 of this subdivision agreement. As to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retracement of Section lines, the method followed shall be in accord with the instructions set forth in the "Dlanual of Instructions" for Survey of Public Lands of the United States, published by the Commissioner of General Land Office, Department of Interior, Washington, D.C. *10. Developer agrees to underground power lines along his southern boundary (condition No. 28 Council Resolution No. 3255 - 1977 Series) or contribute to future underground -2- .he Subdivider hereby attaches hereto, and as an inte -,ral part hereof. .in ^! is security for the performance of this agreement, (instru: ent of credit /bond) approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement, which said (instrument of credit /bond) is in the amount of S 1,505,312.49 and which is in the amount of the estimated cost of said I' 4A, improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Section 11612.1 (c) of the Business and Professions Code of the State of California, upon final completion and acceptance of the work, City will release all but 100 of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improve- ments arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of which the City Council shall, by resolution duly passed and adopted, accept said improve - •= _ments according to said plans and specifications, and any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, then in that event, the Subdivider agrees that City may, at its option, declare the bond, instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forefeited and utilize the proceeds to complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. thA/ 4MW/ bjf14416/ bbl kW AWAI HkJsE�/e4] 1A 6/d11WslibW 114dp/r/o/Ve4rle/AV A/W 1Wd'ddJ(Ya(Wde' 1 11Wn /44AWdAM Said Subdivider shall deposit with the City the sum of $ 45,160.00 ``/� y�'� , from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdividara In the event the inspection fees exceed the sum of $ 45,983.70f.A4 �*'~ , the difference is to be paid by the City of San Luis Obispo. The City reserves the sole discretion in determining -3- - - the :urounts t1, be p;Iid !'o I- -�:tlar,• ;Intl c\ptnSc, S Ot• .:;Iid iitsrccrol- r,r 1:11; rtor <, Article 11, Ch:ipte - r I of the .San l.ui!� nhiSpo ,`ttulii ip:Il 1'n11c• t ^It Itic,1 1 "Subdivision" - All l,lans and sl,ecifications oil file with Said City Fnr•incer as a t part of sit itl tiuhdiViSi(111 M:11) , :111(1 all other documents filed with the City by the Subdivides ;Ind approvr.d by the. City lingincer are hcrch), rct'crred to for further particulars in interpreting :u1tl (lofin.ing the Ohl igat iO11S ol• the SuhJivicicr tln,lct this agrccr•Ic11t. It is undcrst.00d and agreed by and between the Parties hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Suhdivider will furnish copies of the snccessftil bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS Will:RFOl-, this agreement has been executed hy: day o f� /�yw$ , 19/2F Approved as to form i City Attorney day of / !Z.lr . , 19 ty f• \iginccr _C >�_o�'��/G�•fr � /tea �xlvidcr r 4.._ RESOLUTION NO. 3850 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SAN LUIS MILL AND LUMBER, INC. FOR STREET WIDENING ON 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 San Luis Mill and Lumber, Inc. for street widening on 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: San Luis Mill and Lumber, Inc., and the City Engineer. 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: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 15th day of May , 1979 ATTEST: F ;r%ff-ey R 3850 Il Resolution No. 385 Approved as to form: City Attorney (1979 Series) o , Approved as to content: City Ackeinisli-t(five Officer City Enginee AGREEMENT THIS AGREEMENT made and entered into this 15th day of_ May , 1979, by and between San Luis Mill and Lumber, Inc-. (hereinafter called "Grantor "), and the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter called "City "). WITNESSETH: In consideration of the mutual benefits, promises and agreements set forth herein, the parties hereto agree as follows: 1. Grantor shall convey to the City 1360 square feet (0.031 acre), more or less, lying along South Higuera Street as described and delineated on the attached copy of the grant deed consisting of 2 pages. Said land is occupied by portions of an existing mill building and an office building. 2. City agrees to remove existing curb, gutter and sidewalk and to install new curb,.gutter and sidewalk at the new street alignment created by the conveyance when funds become available. 3. City agrees to pay Grantor Sixty - Thousand- Three - Hundred Dollars ($60,300.00) as total compensation for subject land and improvements. 4. Grantor agrees to remove the entire existing office building from the site and the front of existing mill building within said conveyed area within 180 days of the above date. Grantor may utilize a zero - setback for said mill building at the new right -of -way line and shall not be subject to upgrading.the remainder of said building to meet current code requirements. However, if the mill building is subsequently removed, destroyed or becomes involved in a substantial change of use or remodel other than that required to accommodate this widening, usual conditions of approval, including setback, shall be required. 1 s. a a 5. City will provide all necessary engineering, relocate utilities and drainage improvements, as necessary, and pave out the street to the new gutter. 6. Building permits now pending as a result of use permit No. 0653 for this site will be issued on or after the date first written above subject to other use permit and building permit requirements. 7. 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. State of California, County of.San Luis Obispo :s On April 27, 1979 before me, the undersigned, a in and for said State, personally appeared Roy Alan Parsons and Gerald L. Parsons known to to be th ons whose names are subscribed to the within and acknowledge they execu the saml. �—� fiVI C. COD.. N ^T.0 USLIC SA:! L 1'73 COUNTY �� • cap o :;��a My Commission Expires.June 22, 1980 ATTEST: s1J.H. FITZPATRICK City Clerk, J.H. Fitzpatrick Approved as to form: City Attorney SAN LUIS MILL & LUMBER CO., INC. try Public , CITY OF SAN LUIS OBISPO a municipal corporation s /LYNN R. COOPER Mayor Lynn R. Cooper Approved as to content: Cify Administrative Officer City En eer