HomeMy WebLinkAbout4500-4531r.
RESOLUTION NO. R -4531 (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT FOR THE IRISH HILLS HACIENDAS PROJECT.
WHEREAS, on July 14, 1980, the Community Development Department received an
application for a general plan amendment (GP 0874) from Mr. Leonard Blazer for
the Irish Hills Haciendas project; and
WHEREAS, on September 24, 1980, the Community Development Director
determined that the proposed general plan amendment may have a significant
environmental effect and required the preparation of a focused Environmental
Impact Report; and
WHEREAS, the Community Development Department hired SEDES, Inc.. as an
independent consultant to prepare the draft and final Environmental Impact
Report; and
WHEREAS, the draft Environmental Impact Report was published in February
1981 and a 30 -day public review period was established during which the city
received written comments from individuals and other government agencies; and
WHEREAS, the city's environmental consultant, SEDES, prepared written
response-to comments; and
WHEREAS, on May 20, 1981, the Planning Commission reviewed and considered
the draft Environmental Impact Report and felt that it adequately addresses the
project's environmental consequences, and forward it to the City Council; and
WHEREAS, on Jull'e 16, 1981, the City Council at a public hearing reviewed and
considered the final EIR for the Irish Hills project..
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
R -4531
Resolution No
Page 2
(104,-Series)
SECTION SECTION 1. The final Environmental Impact Report for the Irish Hills
Haciendas Project is certified as in compliance with the California Environmental
Quality Act (CEQA) and the state and city EIR guidelines.
On motion of Councilman Bond , seconded by Councilman - Settle_,
and on the following roll call vote:
AYES: Councilmembers Alan Bond, Ron Dunin.and Allen Settle.
NOES: Mayor Melanie C. Billig and Councilwoman GlennaDeane Dovey.
ABSENT: None.
the foregoing resolution was passed and adopted this 16th day of June ,
1981.
Mayor `KiJanie, C. Billig
ATTEST:
City Jerk pamela oges
APPROVED:
f'
Ci y f 7r1Vt.Ve Officer
Community Devel pment Di for
.Y` ► _ 1SOLUTION NO. 45:
A RESOLUTION OF THE COUNCIL
OBISPO GRANTING APPROVAL OF
SUBDIVISION 80 -180 LOCATED
;61981 Series)
OF THE CITY OF SAN LUIS
TENTATIVE MAP FOR MINOR
AT 1245 BROAD STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Findings. That this Council, after consideration of the
tentative map of Minor Subdivision No. 80 -180 and the Planning Commission's
recommendations, staff recommendations and reports thereon, makes the following
findings:
1. The proposed parcel map and design are consistent with the general plan.
2. The site is physically suited for the proposed type and density of
development which is permitted by the C -R zone.
3. The design is not likely to cause substantial environmental damage or cause
serious 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.
5. The proposed parcel map is categorically exempt from environmental
requirements.
SECTION 2. Variances. The following variances to Subdivision Ordinance
requirements are hereby approved, based upon the findings below:
1. Variance is hereby granted to allow parcel 1 to be 38 feet wide where the
Subdivision Regulations require that it be 50 feet wide, on the following
basis:
A. The variance is not a grant of special privilege in that the lot area
is being reduced to accommodate potential future street widening.
B. The existing building on proposed parcel 2 precludes parcel 1 from
being made any wider.
C. The lot is a corner lot and has suitable frontage on Broad Street and
is in the C -R zone where most uses listed do not require on -site
parking, but are served by existing and future public parking
facilities.
SECTION 3. Conditions. That the approval of the tentative map for Minor
Subdivision 80 -180 be subject to the following conditions:
1. Parcel 1 shall be reduced in width from 40 ft. to 38 ft.
2. Subdivider shall grant to the city a 12.5 foot wide street dedication along
the entire frontage of Broad Street of parcel 1.
R 4530
Resolution No. 45361981 Series)
Minor Subdivision 80 -180
Page 2
3. Subdivider shall modify the parking lot on portions of parcels 1 and 2 (in
front of the supermarket) to the approval of the .Community Development
Director. Parking lot modification shall be completed prior to final map
approval.
On motion of Counrilman gpttlp , seconded by Councilman nimin ,
and on the following roll call vote:
AYES: Councilman Settle, Councilman Dunin, Councilmember Dovey, and
Mayor Billig
NOES: None
ABSENT: Councilman Bond
the foregoing resolution was passed and adopted this 16th day of June ,
1981.
l
Mayor IE C. BILLIG
ATTEST:
Y
City Clerk PAMELA VOGES
APPROVED:
-C AiLL
City Administrative Officer
City Attorney
41�&A -
Community IvelopmeUDirector
'Resolution 4529 (1981 Series)
A RESOLUTION AUTHORIZING APPLICATION BY
THE CITY OF SAN LUIS OBISPO TO THE SAN
LUIS OBISPO COUNTY LOCAL AGENCY FORMATION
COMISSION FOR THE ANNEXATION OF TERRITORY
AS PUBLIC STREETS.
WHEREAS,the public street areas proposed for annexation (shown on Exhibit "A"
and described on Exhibit "B ", attached and included by reference) are
uninhabited territory as defined by the .Municpal_Organization
Act of 1977 (Government Code Section 35038); and
WHEREAS, the City desires to annex these sections of county roads and
take over the responsibiIity_for.,providing permanent maintenance of these
roadways which will benefit both city and county residents; and
WHEREAS, as a condition of this annexation the city desires to establish
a requirement that the city engineer must appprove the location of
access points from adjoining county territory prior to the final approval
of development permits or subdivisions. (See Exhibit "C" attached.and included
by reference.) ..-
THEREFORE, IT IS RESOLVED by the City Council of San Luis Obispo that:
1. This resolution of application is made pursuant to the Municipal Organiza-
tion act of 1977 (Government Code Section 35140)._
2. The proposed annexation is consistent,with the growth management policies
of the San Luis Obispo General Plan Land Use Element adopted January
25, 1977.
3. A plan for services has been prepared pursuant to section 35102 and 35140 of the
California Government Code (attached as Exhibit "C" and included by reference).
4. The proposed-use--of the territory is for permanent public streets. The Council
finds that because the property to be annexed_will be for public use
<voter approval is not required pursuant to_Section 727 of the
Charter.
5. The City Clerk of the City of San Luis Obispo is hereby directed to file
a certified copy of this resolution with the Executive Officer of San
Luis Obispo County Local Agency Formation Commission.
R 4529
RESOLUTION 4529(1981 Series)
(continued)
On a motion of Councilwoman Dovey seconded by Councilman Dunin
and on the following roll call vote:
AYE: Councilwoman Dovey, Councilman Dunin, Councilmembers Bond, Settle, and
Mayor Billig
NOE: None
ABSENT: None
The foregoing resolution was passed and adopted this .16th day of June
1981.
ATTEST:
City Cler Pam Voges
APPROVED AS TO FORM:
City Attorney
5
FOR THE CITY:
Melani Bil 'g, Mayor
APPROVED AS TO CONTENT:
City Administrative Officer
lkamA -
Community velop n Director
) XN)a.' �-Q I ;L
City gineer
M
LOCAL AGENCY FORMATION COMMISSION
County of San Luis Obispo
JUSTIFICATION OF PROPOSAL
The California Government Code requires the Commission to review specific factors
in its consideration of this proposal. Please complete this form to facilitate
our review.
GENERAL INFORMATION
Name of Proposal: Public Street Annexation--City of San Luis Obispo
1. This application was initiated by:
Petition X Resolution of Application
2. Does the application include 1000% written consent of each property owner in
the affected territory? Yes X No
3. State reason(s) for requesting the proposed action. To provide efficient
maintenance of certain public streets which border developed portions of
the City of San Luis Obispo.
4. State general location of affected territory. 7 different peripheral locations
5. Is the affected tgrritor inhabited or uninhabited (less than 1.2 registered
voters)? uninhabited pubYlic street area.
6. Do the boundaries of the district or city overlap or conflict with the
boundaries of the proposed annexation? no
6a. If yes, justify the need for overlapping or conflicting boundaries.
7. Do the boundaries of the territory proposed split lines of assessment?
no
8. Do the boundaries of the territory proposed create an island or corridor of
unincorporated territory or a strip? no
9. If yes, justify the necessity for the boundaries as proposed.
2.
10. If the proposed boundary follows a street or highway, does it follow the
center of the street or highway? No• The entire street area will be annexed to
11. Name the city or district(s) which will be affected by this proposal. the city.
City of San Luis Obispo = gaining agency
County of San Luis Obispo - loGiri9.aQenry
12.. Total acreage:
LAND USE AND DEVELOPMENT POTENTIAL
1. Indicate the.General Plan designation of the city (if applicable): NA
San Luis Obispo County:
2. Describe any special land use concerns expressed in the above-plans: NA
3. Indicate the existing land use: Public Streets in the County
What is the proposed land use? Public Streets in the City
5. Has the affected territory been prezoned? N/A No X Yes
If yes, what is the pre.zoning title and densities permitted?
6. Describe the specific development potential of the property: None
Below, please provide names and addresses of Applicant's Agent and /or other per-
sons to whom copies of the Agenda, Executive Officer's report and any required
notice of hearing is to be furni.shed.
Name Address Phone No.
Melanie Billig, Mayor City of San Luis Obispo 541 -1000
P.O. Box 321
San Luis Obispo, CA 93406
Leland_ Walton,_Administrative same as above 541 - 1000 ex. 10
Name and Address of Applicant:
City of San Luis Obispo
ENVIRONMENTAL ASSESSMENT FORM
J
Is the site presently zoned for, designated, or engaged in agricultural use?
Yes No X If yes, explain
2. Will extension of services requested for this proposal induce growth on the
affected property? Yes . No X On adjacent properties? Yes
No X Unincorporated Incorporated Both
3. Will the proposal require public services from any agency or facility which
is currently operating at or near capacity, i.e. sewer, water, police or
fire? Yes No X If yes, please explain:
4. State general description of topography: Varies per street section. Generally
less than 5% slope.
5. Has, or is, an Environmental Impact Report being prepared for this project?
No
6. If so, who is the Lead Agency for the project?
7. Indicate Environmental Determination by Lead Agency:(LAFCo):
with respect to (project)
dated:
NOTE: Not all projects will necessitate the preparation of an Environmental
Impact Report. In order to make a determination as to whether any significant
adverse environmental impacts may result from the proposed project, this form
must be filled out and submitted to the Executive Officer for evaluation. Final
determination for Negative Declaration status or the need for an Environmental
Impact Report will be made by the Local Agency Formation Commission.
Please answer the following questions to the best of your knowledge. If it is
determined by the Executive Officer that answers are not sufficient or are
incomplete, he will notify you and indicate the areas where further explanation
is needed.
Name and /or Description of Project: The annexation to the City of-San Luis Obispo of
Proposed Development, if any:
3.
1
Location: (See attached maps)
Address: NA
A. Site Information: (If more detail is needed, attached sheet.)
1. Setting: Urban, fringe, or rural Urban Fringe
2. Terrain: Level to Gently Rolling (0 -10 %) X
Slopes (10 -30 %)
Steep Slopes (over 30 %)
3. Hydrology: Streams, lakes, or marshes on site?
No X Yes
Describe:
4. Proposed grading and land disruption None
5. Vegetation: All natural vegetation already removed
or altered
Natural vegetation will be undisturbed
*Significant tree - cutting or vegetation
removal proposed (describe number of
trees, area affected, etc.)
Is land currently under agricultural
use?
*Describe:
None
6. Adjoining land: Same use.as proposed? Yes No No
If different use, describe: Generally, deve o� p housing and commercial/
industrial arpas within the cit-„
7. Describe any other unique or significant features of the site, including
cultural, historical or scenic aspects: Prefumo Canyon Road could be
be considered a scenic route. '
3a.
B. Are.the following items applicable to the project or in producing significant
effects? Discuss below all items checked Yes or Potentially. (Attach addi-
tional sheets as necessary.)
Yes No Potentially
1. Could the project disrupt or divide an estab-
lished community or disrupt orderly, planned
development, or is it inconsistent with plans
and goals that have been adopted by the commun-
ity in which the project is located? X
2. Could it cause increased congestion or result in
higher densities than desired by tine community? _
3.
Could the project result in the temporary or
permanent displacement or annoyance of neighbor-
ing community residents?
X
4.
Could the project have an effect on natural,
ecological, cultural, or scenic resources of
national, state, or local concern?
X
5.
Is the project in an area characterized by
unique physical features?
X
6.
Is the project near the shoreline, near any
natural or partially channelized flood plains,
or on any hill.sides visible to surrounding
properties?
7.
Could any geologic features (slide prone areas,
earthquake faults, etc.) cause adverse condi-
tions to result from this project?
X
8.
Could the project disrupt or alter the appear-
ance of the surroundings of any historic or
archaeological site?
X
9.
Could the project affect the potential use,
extraction, or conservation of a scarce natural
resource?
X
10.
Could the project affect the continued use of a
recreational area or area of important aesthetic
value?
X
11.
Could any wildlife or unique vegetative commun-
ities be disrupted or displaced by the project?
X
12.
Could any wildlife migration patterns be dis-
rupted by the project?
X
X
Prefumo Rd.
Madonna Rd.
X
( Prefumo Rd.)
3b.
19. Could the project_ establish any precedents or
facilitate any other projects of which the
impacts of these may be significant? Could
the project serve to encourage development of
already undeveloped areas? (Examples include
the introduction of facilities such as streets,
roads, water mains, or sewerage lines in such
a manner as to facilitate development or X
intensification of the use of an area.)
20. Could the project generate a controversy? X
21. Could the project result in inefficient or
unnecessary consumption of energy?
22. Could mitigation measures minimize or
eliminate such adverse impact on energy
consumption? X
Describe:
3c.
Yes No Potentially
13.
Could existing noise levels be increased by
this project (including during its construction
period) to the extent that present or future
residents or passers -by would.be annoyed to any
degree?
X
14.
Would recreational or wildlife areas be detri-
mentally affected by noise increases?
X
15.
Could the project increase air pollution levels
in the area or exceed any existing air pollution
standards? (Particulate matter (dust) as well
as chemical pollutants should be considered.)
X
16.
Could any unique characteristics be introduced
into the area's atmosphere, such as sonic
booms, radiation, annoying electronic trans-
missions, etc?
X
17.
Could the proposed project have any detrimental
effect on existing water quality or quantities,
of either surface or subsurface supplies?
X
18.
Could the project dirupt or alter any items not
specifically discussed above, including Land
Resources, Water Resources, Air Resources,
X
Noise Levels, or Biological Resources?
19. Could the project_ establish any precedents or
facilitate any other projects of which the
impacts of these may be significant? Could
the project serve to encourage development of
already undeveloped areas? (Examples include
the introduction of facilities such as streets,
roads, water mains, or sewerage lines in such
a manner as to facilitate development or X
intensification of the use of an area.)
20. Could the project generate a controversy? X
21. Could the project result in inefficient or
unnecessary consumption of energy?
22. Could mitigation measures minimize or
eliminate such adverse impact on energy
consumption? X
Describe:
3c.
14
L
If you have answered "yes" to one or
think the project will not or cannot
effects, indicate your reasons below:
NA
'J
more of the prior questions, but still
have any significant environmental
If development is proposed for the project site, complete the following
questions.
Present land use: NA
2. Describe existing structures on the site and use of the structures:
Existing roadways will be maintained by city. No additional roadwork
ie nrnnnspd ae part of this dnnexatlon - – —
M
n
Type of land use of surrounding properties (residential,
etc.): residential, commercial /industrial. and
�rcial,
cul turn
Intensity of use of surrounding properties (one- family, apartment
houses, shops, etc.): varies depending on specific location of
street.section to be annexed . see attached map).
CERTIFICATION: I hereby certify that the statements furnished above and in the
attached exhibits present the data and information required for this initial
evaluation to the best of my ability, and that the facts, statements, and infor-
mation presented are true and correct to the best of my knowledge and belief.
Date:
Signature
For City o San Luis Obispo
3d.
EXHIBIT "C"
0
PROJECT NARRATIVE - PUBLIC STREET ANNEXATION (City of San Luis Obispo)
I. JUSTIFICATION OF PROPOSAL
The City of San Luis Obispo wants to annex portions of 6 county roads that
border the community. Typically, land on one side of each road section is
within the corporate limit" §;;and is developed (or will soon be developed)
with housing or industry. Land on the other side of the road sections is
in the county and used for agriculture and rangeland.
The seven street sections provide the primary means of access to the
developed land within the city. The City wants to take over maintenance
responsibilities for these streets tb. improve the level of service.
City maintenance schedules are desighed:to.deal with urban levels of
traffic and use while the current county road program is not meeting
this city's needs.
II. STREETS TO BE ANNEXED
There are 7 different street sections included in this annexation
,application. They are described on the attached legal description
and shown on the large scale map. Sections to be annexed include:
*. :Foothill Boulevard near the western limit of the City.
* Orcutt Road and portions of Johnson Avenue east of Fernwood
Drive.
• Sacramento Drive north of Industrial Way.
• Calle Joaquin south of Los Osos Valley Road.
• Madonna Road generally bordering Laguna Lake Park.
• Madonna Road west of Los Osos Valley Road.
• Prefumo Canyon Road near the western city limits.
III. ACCESS FROM COUNTY LANDS
As mentioned above most of the county land fronting these street sections
is undeveloped. The city is concerned that further development in the
county may affect circulation on the streets and adjoining land uses
in San Luis Obispo. Therefore, as part of this annexation request the
City proposes that a condition of annexation be established whereby the
City would have the responsibility-of approving the location ofraccess_ points
from county lands. Approval of access locations would be granted by the
Page 2 (Exhibit "C ")
�I
.J
City Engineer.prior to the county granting development permits or approving
subdivisions which establish street access.
It should be clear that this condition of annexation would not prevent
county land owners from gaining access to the streets from legal lots
of record. The condition would allow the city to establish access points
at!the most appropriate locations. These locations would try to integrate
county road intersections with. the city's local and arterial street system.
Also; blind corners and other unsafe access points would be avoided. Adverse
land use impacts can also be avoided.
To accomplish this condition appropriate notes would be placed on the
official annexation maps filed with the.Secretary of State: and the
County Recorder.
IV. PLAN FOR SERVICES
This annexation request follows "resolution of application" procedures outlined
by the San Luis County LAFCo and by section 35140 of the California Municipal
Organization Act. State law requires that a "plan for services" be submitted
which indicates how the.city will feasibly extend services to the affected
territory.
This annexation request. is 'unique in that it involves the transfer of public
streets from one jurisdiction to another`. There is no development in the
traditional sense involved. The affected territory is now used as public
streets and will continue to be used for streets after annexation.
The only service that the city intends to extend to the area is street
maintenance— This service will be administered by the San Luis Obispo
Public Services Department. No specific improvements to the streets are
proposed as part of_this annexation request. (It.should'be noted that as
part of Tract 858 certain frontage improvements will be made to Prefumo
Canyon Road.)
The.annexation of these streets will incrementally add to the city's
street maintenance costs. The city is capable of assuming these costs
and desires to take on'this financial responsibility.
DESCRIPTIONS FOR PROPOSED ANNEXATION OF
PUBLIC STREET RIGHTS -OF —WAY TO
THE CITY OF SAN LUIS OBISPO
A. FOOTHILL BOULEVARD
Beginnin,, at the most westerly corner of Lot 40 of Tract 76 as
recorded in Book 5 of Maps at Page 84; thence south.790 00' 43" west
311.10 feet more or less to the true point of beginning also being
the southeasterly right —of —way line of Foothill Boulevard as existed
in April of 1964 said boulevard having a width of 50..00 feet; thence
north 42` 50' 50" east along said right —of -way line 640:44 feet to
the most northwesterly corner of said Tract 76; thence north 119 28'
55" west 61.54 feet to the northwesterly right —of —way line of
Foothill Boulevard; thence south 420 50'. 50" west 676.32 feet to a
point; thence south 47" 09' 10" east 50.00 feet to the true point of
beginning. Containing .76 acres.
B. ORCUTT ROAD AND JOHNSON AVENUE
Beginning at the most southwesterly corner of Tract 203 as recorded
in Book 6 of Maps at Page 51, said point being on the easterly line
of Johnson Avenue; thence south 0 C 08' 00" west a distance of 399.03
feet along the easterly line of Johnson Avenue to the easterly
prolongation of the southerly line of Orcutt Road; thence south 89
38' west a distance of 1326:73 feet along the southerly line of
Orcutt Road, also being the northerly line of the Suburban Tract as
recorded in Book l of Licensed Surveys at Page 92, to the northwest
corner of Lot 122 of said Tract; thence north 00 22' 00" west a
distance of 40.00 feet along the northerly prolongation of the
westerly line of Lot 122 of the Suburban Tract. to a point on the
northerly line of Orcutt Road; thence north 890 38' east a distance
of 1266:73 Eeet along the northerly line of Orcutt Road to the'
southeast - corner of Tract .138 as recorded in Book 6 of Maps at Page
15, said point also being on the westerly line of Johnson Avenue;
thence north 0° 08' 00" east 354.11 feet along the easterly line of
Tract 138 to a point on the westerly prolongation of the southerly
line of Tract 203; thence 'south 85° 26' 35" east a distance of 60..2
feet along the westerly prolongation of the southerly line of Tract
203 to the southwesterly corner of Tract 203 also being the point of
beginning. Containing 1.17 acres'.
C. SACRAMENTO WAY
Beginning at a point on the northeast corner of Lot 97 of the
Suburban Tract as recorded in Book 1 of Licensed Survey at Page 92
said point also being on the ,southerly lin6•of county road #169;
thence north 650 10' east 60.62 feet along the prolongation of the
southerly line of said road to the easterly line of the PCRR
right -of -way; thence continuing northerly along the easterly
right -of -way line through a curve tangent to a line bearing north 150
43' 17" west concave to the west having a radius of 1463.24 feet and
a central angle of 310 55'' 58 "; thence continuing north 470 39' 15 ",
west 234.74 feet along the easterly right -of -way line of the PCRR to
the prolongation of the northeasterly line of Lot 96, of the Suburban
Tract; thence south 650 10' west 64.98 feet along said prolongation
to the westerly right -of -way line of the PCRR; thence south 470 39'
15" east 259.70 feet along the PCRR right -of -way; thence continuing
along said right -of -way line through a tangent curve concave to the
west having a radius of 1403.24 feet and a central angle of 320 20'
46" to the point of beginning. Containing 1.47 acres.
D. CALLE_JOAQUIN .
Beginning at the easterly corner •common to Lot. 69 and 70 of Rancho
Canada De Los Osos and La Laguna; thence north 340 :04' 51" east
134.94 feet; thence along a curve concave to the west having a
tangent bearing north 250 11' 34'' east and a radius of 480.00 feet
through a central angle of 340 21'49" said curve being the easterly
line of county road 433039; thence continuing along said right -of -way
line north 90 10' 15" west 107.94 feet; thence continuing along said
line through a tangent curve concave to the east having a radius of
370.00 feet through a central angle of 699 19' 56 "; thence'continung
along said line north -550 12' 50" east 133.22 feet; thence leaving
said right -of -way line north 20 02' 01" east a distance-of 105.01
feet to a point; thence through a curve concave to the north having a
tangent bearing south 510 42' 47" west and having a radius of 385.00
feet and a central angle of 80 18' 44 "; thence south 620 38' 12" west
200.54 feet to a point; thence through a curve tangent to a line
bearing south 520 01' 55" west concave to the east having .a radius of
480.00 feet and a central angle of 610 12' 10" to a point, thence
south 90 10' 15" east 107..94 feet to .a ,point; thence through a
tangent curve concave.to the west having a radius of 370.00 feet and
a central angle of 340 21 49" to a point; thence south 240 56' 23"
west 58.05 feet to a point; thence south 84" 40'.44" east 94.17 feet
to a point; thence south 240 56' 23" west 107.23 feet to the point of
beginning. Containing 2.71 acres.
E. MADONNA ROAD
Beginning at the northwest corner of Lot J of the resubdivision of
Lots 58,61,62,63,64, and 65 of'Rancho Canada De Los Osos and La
Laguna as recorded in Book A of Maps at Page 161; thence
northwesterly along the prolongation of the southwesterly line of Lot
J to the northerly right -of -way line of Madonna Road as existed in
December of 1967 to the true point of beginning; thence south 500 10'
16" west 222..00 feet along said right-of -way line to a point; thence
continuing along said right -of -way south 62035' 00" west 924.00 feet
to the northeasterly line of Lot T of Rancho De Los Osos and La
-2-
Laguna; thence south 370 45' 00" east 60.99 feet along the
prolongation of said lot line to the southerly right- of-way line of
the aforementioned Madonna Road; thence north 620 35' east 721.76
feet along the southerly side of said right -of -way; thence south 380
49' 13" east 20.47 feet to a point; thence north 620 35' 00" east
26.19 ,feet to a point;. thence through a tangent curve concave to the
north having a radius of 1550.00 feet and a; central angle of 120 49'
3311; thence south 450 38' 09" east 376.17 feet to a point; thence
north 470 12' 30" east 60.08 feet to a point along the southwesterly
line of Lot J; thence north 45038' 09" west 453.38 feet along the
southwesterly line of Lot J to the true point of beg - inning,.
Containing 2.27 acres.
F. MADONNA ROAD
Beginning at the most southeast corner of Tract 393 as recorded in
Book 7 of Maps at Page 41; thence south 620 20' 25" west 1187.15 feet
to the southwesterly corner of said tract; thence south 330 59' 56"
east 55.16 feet to a point on the southeasterly right -of -way line of
Madonna Road; thence north 620 20' 25" east 1187.15 feet to a point
on the westerly right -of -way line of Los Osos Valley Road; thence
north 340 03' 35" west 55.43 feet to the southeast corner of Tract
393 also being the point of beginning. Containing 1.50 acres.
G. PREFUMO CANYON ROAD
Beginning at the most southerly corner of Tract 410 as recorded in
Book 8 of Maps at Page 11 said point being on the northerly
right -of -way line of Prefumo Canyon Road; thence continuing along
said right -of -way line; through a curve tangent to a line bearing.
south 450 30' west concave to the north having a radius'of 130.00
feet and a .central angle of 880 09'; thence along sai.d right -of -way
line north 460 21' west 330.84 feet; thence continuing along said
right -of -way line through a tangent curve concave to the south having
,a radius of 270.00 feet and a central angle of 420 23'; thence
continuing along said right -of -way line north 880 44' west 360.77
Feet; thence continuing along said right -of -way line north 75044'
west 479.05 feet; thence continuing along said right -of -way line
'through a tangent curve concave to the south having a radius of
474.81 feet and a central angle of 130 47'.25 "; thence north 890 31'
25" west 27.43 feet; thence through a tangent curve concave to the
north having a rad 'ius of 230.-28 feet and a central angle of 21 37'
14 "; thence leaving the north right -of -way line south 220 05' 49"
west 40.00 feet to the southerly right- of- way.line of Prefumo Canyon
Road; thence continuing along said right -of -way line; through a curve
tangent to a line bearing south 670 54' 11" west concave to the north
having a radius 270.28 feet and a central angle 210 37' 14 "; thence
south 890 31' 25" east 27.43 feet; thence continuing along said
right =of -way line through a tangent curve concave . to the south having
a radius of 434,81 feet and a central angle of 13° 47' 25'.'; thence
south 150 44' east 483.61 feet; thence south 880 44' east 365.33
-3-
1
feet; thence cont.inuing along said right =of =way line through a.
tangent curve concave to the south having a radius o.f 230.00 feet and
a central. angle of 420 23'; thence south 460 21' east 330.84 feet;
thence continuing along said right -of -way line through a tangent
curve concave to the north having a radius of 170.00 feet and a
central angle of 880,09'; thence leaving said right -of -way line north
440 30' east 40 feet to the point of beginning. Contai.ning.1.74
acres.
Total Acreage: 11.62 AC
APPROVED:
ayne A. Peterson, City Engineer
RCB #I 8
-4
RESOLUTION NO. 4528(1981 Series)
A RESOLUTION OF THE-COUNCIL OF THE CITY OF SAN LUIS
OBISPO CHANGING THE STREET NAME OF THE WESTERLY
PORTION OF KENTWOOD DRIVE TO BRIAR1400D DRIVE
WHEREAS, the City Council of the City of San Luis Obispo did conduct a
public hearing to review the request for street name change; and
WHEREAS, the council considered the Planning Commission's recommendations,
staff recommendations and reports thereon.
NOW, THEREFORE BE IT RESOLVED by the council of the City of San Luis Obispo
as follows:
SECTION 1. That the westerly portion of street formerly known as and
designated as Kentwood Drive is hereby changed to Briarwood Drive as shown
on Exhibit A attached.
SECTION 2. The City Engineer and Community Development Director are
hereby directed to take appropriate steps to effect said change in street name,
including the replacement of street signs as required.
SECTION 3. That this resolution shall take full effect on July 16, 1981.
On motion of Councilman Dunin - seconded by Councilman Settle
and on the following doll call vote:
AYES: Councilman Dunin, Councilman Settle, Councilmembers Bond, Dovey, and
Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution was passed this 16th day of June, 1981.
YO IE C. BIL G
R 4528
s
RESOLUTION NO. 4528
Page 2
ATTEST:
APPROVED:
Community a elopment irector
(1981 Series)
r-
ti��
M•S
SOD DRIVE
`�� o o O o o
_3 may., . •� ;. Q
\ \ m
Al ti O
/� 2� I\ Ip t tw Q O vY O Q' ;' I O
O o ^� O OqK
/ 1
/ O a O - p O O �q _cbuR7
.0\ r ;�
O O ,�� : �" O
/ " Q
/ , ,,. o •, � N� , o U R 1 i
lj L 1
\.
O Q O
O
O O
O O
O
U, ° O O
O O ° �♦ �G <F ° / p W
O R71, z
O
o
\ o
ITS b ° c
O.lO O m�0 DF5 p uO
Or 0 kL7� - o a O O LAWNWOOD COURT
W00A TO .. l T S
:: I]L1•_��, R:2 r,.
O •ri4 mtAnAt rn ,z
CO -
o
a101mimomiml ORCUTTmsmimimn RO! aDeimio�mimimimim�mim�st ®�m�simisimtei�
„O --- - CITY" - LIMITS
i .fie
e
■
■
G
■
R -2 -MH
■
rl1,.
EXHIBIT "Arr'
_.
RESOLUTION NO. 4527 (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CHANGING THE STREET NAME OF THE WESTERLY PORTION OF WOOD -
BRIDGE STREET TO BRIDGE STREET
WHEREAS the City Council of the City of San Luis Obispo did conduct a public
hearing to review the request for street name change; and
WHEREAS the council considered the Planning Commission's recommendations.,
staff recommendations and reports thereon.
NOW., THEREFORE, -BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That the westerly portion of street formerly known as and designated
as Woodbridge Street is hereby changed to Bridge Street as shown on Exhibit A
attached.
SECTION 2. The City Engineer and Community Development Director are hereby
directed to take appropriate steps to effect said change in street name, including
the replacement of street signs as required.
SECTION 3. That this resolution shall take full effect on July 16, 1981,
On motion of Councilman Bond , seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilman Bond, Councilman Settle, Councilmembers Dovey and Dunin,
and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution was passed this 16th day of June
1981.
Mayo ME IE C. BILLIG
ATTEST:
City Cle k P#E15 VOGES R 4527
2
Resolution No. 4527("91 Series)
Page 2
APPROVED:
City Admini iv icer
// /VL- -
City Atto ey
Q
w
W
m
c�
w
. , ..
-- _
WOODBRIIDG
CHANGE'
TO
&BRIDGE_
STREET= -
57REET
NAME CHANGE
EXHIBIT "A'r
0
R: -UTION NO. 4526 (1981 Series) -t.
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: Street Resurfacing Project and CITY PLAN NO: E -07 and E -49
Higuera Street Widening
ESTIMATE: E -07: $25,544.75 BUDGET ACCOUNT: 21- 4871 -EO7
E -49: $18,453.50 21- 4871 -E49
BIDDER: Walter Bros. Const. Co. Inc. BID AMOUNT: E -07: 29,353.22
E -49: $14,542.31
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 Settle
and on the following roll call vote:
, seconded by Councilwoman Dovey ,
AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 17th day of
19 81
ATTEST:
v
CIT CLERK - Pa1VVoges
APPPOVED:
1
ity Administrative Officer
June ,
R4526
It, �UTION NO. 4525 (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT: Marsh Street at S.P.R.R. Storm
Drain
ESTIMATE: $25,000
BIDDER: Fred Julien & Associates
CITY PLAN NO: D -06
BUDGET ACCOUNT: 20- 5071 -DO6
BID AMOUNT: $21,063
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 Settle
and on the following roll call vote:
, seconded by Councilwoman Dovey ,
AYES:: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of June ,
1981.
C'.
lanie C. Billig
ATTEST:
Y
CITY CLERK - Pamela es
APPIZOFED:
City ministrative Officer
R 4525
l
r
ION' N0: 4524 (1981 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: City Hall Entrance Enclosure
ESTIMATE: $12,000
BIDDER: C. Boyd Construction, Inc.
CITY PLAN NO: E -33
BUDGET ACCOUNT: 40- 2862 -750
BID AMOUNT: $15,077
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 Settle seconded by Councilwoman Dovey ,
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of June ,
1981.
AAA O - Melanie C. Billig
ATTEST:
CITY C RK - Pamela Vo
APPROVED:
Ci y ministrative Officer
R 4524
RESOLUTION NO.4523 (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND RED STAR INDUSTRIAL SERVICE.
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.
Red Star Industrial Service.
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: Red Star Industrial Service,
City Finance Director, and Director of;Public.Services.-
On motion of Com ilman SPtt1P seconded by
and on the following roll call vote:
AYES: Councilman Settle, Councilwoman Dovey, Councilmembers Bond, Dunin, and
Mayor Billig
NOES: None
.ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of T „nP 19
• TTT/.fTT
7C R 7C 7C
R 4523
J
::VMrY.� ^�• ^.S
-Z *'-
AcRh� :y,i;�;•r
This Agreement, dated as of the date :1ffi:;0d beside the i:;nacure
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 ").
WTUIESSETIi:
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 cents (.80�) per uniform
change furnished by Laundry, payable on monthly invoices.
3. This contract shall commence July 1, 1981 and shall end June 30, 1903
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 fifteen (15).days
written notice to Laundry.
i
r
8. All notices from one party to the otter in connection with
agreement shall be deemed delivered when deposited in the U.S. Mail , ::ta- ..: --•(.i
and addressed to the other party at the following address:
City: City Clerk
City of-San Luis Obi::po
Post Office Box. 321
San Luis Obispo; CA 93406
Laundry: Red Star Industrial Service
139 South "A" Street
Lompoc, CA 93436
IN WITNESS MIEREOF, this agreement is executed by both parties.
Date:`
1
1,
Date: Tnnp.16,981 ,
ATTEST: i:�
5
City Clerk Pame ges
Approved as to form:
j
�I
City Act rney
RED STAR INDUSTRI SE VICE
CITY SAN LUIS OBISPO
-2-
Approved as to content:
or
y tra 1ve Officer
Finance Directo
Director of Pub he Services
RESOLUTION NO. 4522(1981 Series)
A RESOLUTION OF THE COUNCIL. OF THE CITY OF SAN
LUIS OBISPO APPROVING AN ANEDIDN]ENT TO AGREEMENT
BETWEEN CITY OF SAN LUIS OBISPO AND GREER & CWANY
TO EMM THE ORIGIMIAL AGR1MENT TO JULY 31, 1981
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTICN l.. That certain amendment to agreement, attached hereto marked
Exhibit A, referring to the original agreement, attached hereto marked Exhibit
B, and incorporated herein by reference, between the City of San Luis Obispo
and Greer & Company to extend the agreement to July 31, 1981 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: Greer & Company, City
Finance Director, City Engineer
On motion of Councilman Settle , seconded by Councilwoman Dovey ,
and on the following roll call vote:
AYFS: Councilman Settle, Councilwoman Dovey, Councilmembers Bond, Dunin, and
Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of .June 1981.
ATTEST: LANIE C. BILLIG
4,<
M:RK>R9rVOGES
Approved:
R 4522
ity gineer
AGREEMENT
To that certain Agreement between the City of San Luis Obispo and
Greer & Company entered' into on the 7th day of October, 1980.
Hereby amending Section 7, Time .of Performance, of said agreement
with authorization received from the Office of Traffic Safety, State of
California, by letter dated January 21, 1981 to extend the time of com-
pletion of the services to be performed under said Agreement to July 31,
1981; this amendment to be attached to said Agreement and incorporated
as a part thereof.
IN WITNESS - W+iEREDF, the ..city and Contractor have executed this
Amendment.
By
Larry E. Greer
Greer & Company
Attest: City of San Lui.s Obispo
By By
Cit Clerk Mayor
C ^ ir
l�aD BCL 11A
J i
i
W
-1- OTS -F -1 (Rev. 6/76)
State of California
SAFETY OFFICE USE ONLY
r Business and Transportation Agency
OFFICE OF TRAFFIC SAFETY
Project Number
TRAFFIC SAFETY PROJECT AGREF."mVT
Revision Number 2
caUFORNU (Under Section 2907, California Vehicle
OFF= OFTRAFF3C SAFM Code, and Section 402(C) of Public Law
Date 3 -31 -81
89 -564 as amended by Public Law 91 -605) - - - -
Project Budget Estimate
Fiscal Yr. Amount
-.
PART 1 - (To be Completed by Applicant Agency)
1.979 -0-
1930-81 $-35,000.00
1. Project Title
$
EXPANDED TRAFFIC CONTROL DEVICE INVENTORY
TOTAL $ 35:000.00.
2. Name of Applicant Agency
4. Project Period
City of San Luis Obispo, California
Yanth - Day _ Year
rrm: May 1, 1980
3. Agency Unit to Handle Project
To July 31, 1981
Public Services Department
-b. Project Descriptim (So=ar ze the proposed project plan covesiag the objectives, method
of procedure, evaluation and end product in approximately 100, words)
The objective of this traffic safety project is.to complete and upgrade the present
traffic control device inventoryrtn make it more• usefuil /fhexibla and evaluate, .
determine and prioritize what changes in traffic controls (markings, signs, signals)
should be made to meetlocal needs using standards set by the State Traffic Manual.
6.- Federal Funds Allocated Under this Agxeemerrt Shall Not Exceed $ 35 000.00
- The provssa,ons on . =e Reverse Side-lierecir C=Stltute a part
of this
A. Project Director
B. A*thcr Official of .!'applicant Agency
Name Peterson.. Phone (805)'
Name Lee Walton Phone (805)
-hayne
Address - 541 -1000
Address 541 -1000
990 Palm 'Ext. 30
990 Palm Ext. 10
San Luis 0 0, CA
San LuisAkiTspo, CA
Signatz-e-
Signaturp mss'
Title
Ci;Y Engineer
Title Zirdiestrative Officer
C. .Fiscal or Accounting Official
D. Office Authorized to Receive Payments
Name Dave Elliott
Name City of San Luis Obispo
Finance Department
Title Accounting Technician
Address 990 Palm Street
San Luis Obispo, CA 93402
Phone 805) 541 -1000, Ext. 59
Project Description Schedule A
Project Task E Cost Category Summary Schedule
Priority and Contributions Schedule A -1
Traffic Data Summery Schedule E
Detailed Budget Schedule B
Non Duplication Certificate
Time and Cost Estimate Schedule C
Hatch Act and E.O.A. Fors
-1- OTS -F -1 (Rev. 6/76)
Z. It is understood and agreed by the Project Director
and Authorizing Officiat that any grant received as
a result of this agreement is subject to all Federal
and State regulations governing grants and to those
controls expressed in the California Traffic Safety
Grant Program Manuals which include, but are not
limited to:
a.. Only verified participating costs resulting from
activities - described in. this Agreement will be
e ZigibZe for -.reimbursement;
b. Progress Reports must be submitted by the
Project Director to the Office.of_.Traffic Safety
on January Z5, April Z5, JuZy ZS, and October Z5,
during each year of project operation;
C. All project accounting records and supporting
documents must be retained for audit purposes for
at least three years after receipt of final payment--
d. A final project report must be submitted to the
Office of Traffic Safety within 60 days after the
termination date of the- project.
2.
3.
No alteration or variation of the terms of this contract
shaZZ be valid unless made in writing and signed by the
parties -hereta,.and- -w.:Drdl zrn deretanding or agreement'
not incorporated -herein, shall be binding on any of
the, parties hereto.
The obligation of grant funds for successive fiscal
years of.mutti -year projects is subject to the
availabilitu of Federal funds.
aJ
1
Cl)
I
M
v
N
cr-
Gl
N
S
U
N
d
i
7
U •r
w c.
v
� n
n x
w..w
S
CJ 10
In C
to
O
E
H
_.0
N
O
- L
d
('7
n
au
tr
r
Lt_
(n
f
L
U L
E -oo
c �
c
Y
ro N
� ro
a
N N
T
U u
N
r U en
O O O Ln O O O O
to
to
sa a +1 (a
O O O N O O
tp
tp
+3•n0 �—
D1 N O N O O
O
O
0 0 0
H i U >1
N to N CO
Cl. m
M
co
4A
to
iA
N
V
N
O
U
I
U
Al
L
L
N
c
t
J
Lr
O
O
..
O
N
-
co
to
-
LO
to
co 1
O
O
O
M
N
N
M
I I
M
r-
4A
IbR
44
°o
°O
°O
°o
°o
°o
n
m
0)
0)
II
co
O
tn
N
O
O
tp
O
O M
N
N
M
00
I
_
M
O
I
iA
io:T
a7
d
N
p.
0
in
0
LO
in
I
co
IL
00
I Cl)
-
.t
O
r O
0
O
O
O
O
O
0
0
M
SOD
N
0
tD
�D
I N
O
i»
to
to
O
O
Ib
o
0
L
0
0
i rn
LO
N �sel
PUP
I M .t N N tp (-
4J
d3S-S10
^
S-
i
N L
y] -) N
a v
4-.1 N
asyd
L Y
S- 41
Z -,I s Lo tD to tD x
to ^
E 'D Ln
CO-Ad
Cr
v o.t °
('7
n
au
tr
r
Lt_
(n
f
L
U L
E -oo
c �
c
Y
ro N
� ro
a
N N
T
U u
N
RESOLUTION NO. 4521(1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO DETERMINING THAT PUBLIC CON-
VENIENCE AND NECESSITY REQUIRE CONSTRUCTION
OF CERTAIN IMPROVEMENTS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
1. Pursuant to hearings duly held, the Council of the City of San
Luis Obispo hereby finds and determines that the Public convenience and
necessity require the construction and installation of curbs, gutters,
sidewalks and driveway ramp improvements on those portions of streets within
the City of San Luis Obispo as set forth on Exhibit "A" attached hereto and
incorporated by reference, and determines that the Special Assessment,
Investigation, Limitation and Majority Protest Act of 1931 shall not apply
to these proceedings.
2. The Council has considered the request of Jack McCurdy that
property located at 1396 Phillips Lane be exempted from the requirement to
construct sidewalk and has determined that said requirement may be delayed
for an indefinite period and has further determined that property located at
1324 and 1376 Phillips Lane be exempted from the requirement to construct
sidewalks for an indefinite period.
3. The Superintendent of Streets shall proceed with the required
notification and construction as set forth in Section 7350.1(f) of the San
Luis Obispo Municipal Code.
4. The costs of any such work done by the City, after hearings duly
held, shall become a lien upon said parcels.
R 4521
Resolution No. 4521 (1981 Series)
On motion of Councilman Settle seconded by Councilwoman Dovey
and on the following roll call vote:
AYES: Councilman Settle, Councilwoman Dovey, Councilmembers Bond, Dunin, and
Mayor Billig
NOES: None
ABSENT: None
the following resolution was passed and adopted this 16th day of
June , 1981.
YOR LAME C. BILLIG
ATTEST:
' 1 </8
qtr 4e it �t it 4e �Y � � ie
APPROVED:
City Admin' iat ve Officer
City Attorney
J.H. & P.A. Benner
G. & K. Fukunaga
G.N. & E.L. Holdgrafer Etal
K.R. & R.J. Malek
S.H. & A.D. Nelson
W.H. & C.P. Brown
R.F. Garner
S.O. & E.A. Frye
F. & D.D. McKee
Jack McCurdy
EXHIBIT "A"
NOTE: C = Curb & Gutter
S = Sidewalk
R = Driveway Ramp
IMPROVEMENTS
LOCATION
PARCEL NO.
OWNER
E.E.
& S.S.
Draves
R.H.
Blair
52- 142 -12
K.E.
Fauset
Estate
C.A.
Maino
Trust
M. Jones
1132 Olive Street
J.H. & P.A. Benner
G. & K. Fukunaga
G.N. & E.L. Holdgrafer Etal
K.R. & R.J. Malek
S.H. & A.D. Nelson
W.H. & C.P. Brown
R.F. Garner
S.O. & E.A. Frye
F. & D.D. McKee
Jack McCurdy
EXHIBIT "A"
NOTE: C = Curb & Gutter
S = Sidewalk
R = Driveway Ramp
IMPROVEMENTS
LOCATION
PARCEL NO.
REQUIRED
305 Ramona Drive
52- 142 -42
C'S
351 Ramona Drive
52- 142 -12
S
15 Santa Rosa Street
52- 147 -27
S
894 Murray (Santa Rosa side)
1- 021 -14
S
1132 Olive Street
1- 114 -14
C,S,R
1134 Olive Street
1- 114 -15
C,S,R
1148 Olive Street
1- 114 -16
C,S,R
11311 1149, 1165 Olive Street
1- 206 -12
C,S,R
1106 Walnut Street
1- 207 -14
C,S,R
1130 Walnut Street
1- 207 -09
Repairs
1150/1162 Walnut also Toro Side
1- 207 -15
C,S,R
636 Toro Street
1- 211 -03
C,S,R
1324 Phillips Lane
1- 124 -10
C,S,R*
1376 Phillips Lane
1- 124 -13
C,S,R*
1396 Phillips Lane
1- 124 -14
C,S*
*Construction of sidewalks may be delayed for an indefinite period.
RESOLUTION NO. 4520 (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWE_E_N THE
CITY AND PEAT, MARWICK, MITCHELL "& CO.
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
Peat, Marwick, Mitchell & Co. to conduct Audit.Services for the City 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: Peat, Marwick, Mitchell & Co.,
Finance Director.
On motion of Councilman Settle , seconded by Councilwoman Dovey
and on the following roll call vote:
AYES: Councilman Settle, Councilwoman Dovey, Councilmembers Bond, Dunin,and
Mayor Billig.
NOES: None
ABSENT:
the foregoing Resolution was passed and adopted this 16th day of June
1981.
ATTEST:
CITY C ERK PAME IA VOG
APPROVED:
Cilf 7 inistrative Officer
City Attorney
inan r
R 4520
CONTINUING AUDIT CONTRACT
AGREEMENT FOR AUDITING SERVICES
This agreement made and entered into this 16th day of jjjj,P
19 81 , between the CITY OF SAN LUIS OBISPO, SAN LUIS OBISPO, CALIFORNIA, herein
called "CITY" and PEAT, MARWICK, MITCHELL & CO., 555 SOUTH FLOWER STREET,
LOS ANGELES, CALIFORNIA, 90071, herein called the "AUDITOR"
PARTIES
WHEREAS, it is the intention of the CITY to provide for the examination
of its financial statements in accordance with provisions of Section 810 of the
CITY Charter; and
WHEREAS, the CITY has requested a proposal for Audit Services, attached
hereto, marked Exhibit "A ", and incorporated herein by this reference; and
WHEREAS, the AUDITOR is a firm of Certified Public Accountants, duly
authorized to practice and licensed as such by the California State Board of
Accountancy and experienced in City and Special District auditing; and
WHEREAS, the AUDITOR has submitted a Proposal for Audit Services,
attached hereto, marked Exhibit ''B" and incorporated herein by this reference.
AUDIT PROCEDURES AND SCOPE
NOW THEREFORE, in consideration of the mutual convenants, conditions
and promises hereinafter contained, the.CITY hereby engages AUDITOR, and AUDITOR
hereby agrees to examine the financial records of the CITY and perform services
as set forth in their proposal Exhibit "B ". AUDITOR will prepare and deliver
audited financial statements and reports as set forth in CITY'S request for
_ir. r;.c.. .understood that. the services performed by the AUDITOR
is in the capacity of- an independent contractor and not as an officer, agent, or
employee of the CITY. The examination shall be made in accordance with generally
accepted auditing standards as set forth in Exhibit "A" and accordingly shall
include such tests of the accounting records and such other auditing procedures as
the AUDITOR considers necessary in the circumstances in order to allow for the
-1-
i
expression of an opinion on the financial statements of all funds of the CITY..
It is understood that such procedures are not designed primarily to disclose
defalcations or other irregularities.
PERIOD COVERED BY AGREEMENT
This agreement shall cover the audit of ,five (5) fiscal years
beginning July 1, 1980, subject to cancellation for subsequent fiscal years
by either party by giving written notice to the other party not later than
90 days before the end of the fiscal year to be audited, i.e. By 3/31/82, for
audit of 1981/82 fiscal year.
COMPLETION OF AUDIT REPORT
In accordance with the provisions of Section 810 of the CITY Charter,
AUDITOR shall submit a copy of the final audit and report to the Council, the
City Clerk, the City Treasurer, the City Finance Director, the City Administra-
tive Officer and the City Attorney, as soon as possible after the examination
has been completed. Five additional copies shall be placed on file in the
office of the City Clerk where they .shall be available for inspection by the
general public. Subject to the availability of the records. by the CITY, the
report will be delivered within 90 days from the close of the CITY's fiscal
year.
CONSIDERATION
Fees for services rendered may be billed as work progresses, but not
more than once a month. Such fees shall be paid promptly by the CITY.
The total payment to the AUDITOR for services and expenses rendered
under this agreement shall be $30,000. for the 1980/81 and 1981/82 Fiscal year,
except as provided below:
The maximum annual fee stipulated above contemplates that conditions
satisfactory to the normal progress and completion of the examination will be
-2-
.encountered and that CITY accounting personnel will furnish the .agreed upon
assistance.in connection with the preparation of the necessary detail schedules
And the production of documents for AUDITOR's inspection. However, if AUDITOR
feels unusual circumstances are encountered which make it necessary for AUDITOR
to do additional work, AUDITOR shall report such conditions immediately to the
responsible CITY Officials, and if both parties agree that circumstances are
unusual they may negotiate such additional compensation as appears justified.
If.the AUDITORS find it necessary during any fiscal year or years,
commencing with the third fiscal year covered by this agreement, to recognize
increases in salary and other costs applicable to this contract or to expend
substantially increased time in carrying out their audits and examinations due
to an increase in the size and volume of transactions by the CITY:, the CITY
may grant an adjustment upward in the schedule of the maximum annual fee as
shall be mutually agreed upon by the parties hereto. Such increased schedule
of rates shall be applicable only to work in the.next fiscal year following such
mutual agreement increasing the schedule of rates. The AUDITOR shall submit any
increases in the maximum annual fee to the CITY no later than January 31 preceding
the close of the fiscal year to be audited and in which the new fee is to be
effective. For example: By 1/31/83 for audit of 1982 /83 fiscal year.
EXTRAORDINARY SERVICES
It is contemplated that from time to time the CITY may wish AUDITOR
to perform accounting and auditing services in addition to those which are
-`—
usual- -and customary -in making an examination -of'the financiai statements oi'the
CITY. If so, AUDITOR shall be compensated for any such services performed
which are validly authorized at their normal hourly rates in effect at that
time. However, if such additional services require the expertise of consultants
AUDITOR and CITY may negotiate separate rates and estimated fees 'for the work
=3-
contemplated
In witness whereof, the parties hereto have signed this agreement as
of the day and year herein first above written.
Date:
BY :
AA
B_Y : �/ • __
C T OF SAN .LUIS OBISPO PEAT., MARWICK, MITCHELL & CO.
Mayor nie Billig
ATTEST:
_v
Citq Jerk" Pam._la Vo s
APPROVED AS TO FORM:
City Attorney
-4-
APPROVED AS TO CONTENT:
RESOLUTION NO. 4519 (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
MR. & MRS. D.T. POWERS, MR. & MRS. P.W. POWERS, AND
MR. & MRS. R.L. SCHRECONGOST.
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
Dean T. Powers, Linda I. Powers, Paul W. Powers, Blanche E. Powers, Ralph L.
Schrecongost and Jessie Schrecongost 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: Mr. & Mrs. D.T. Powers, Mr.
& Mrs. P.W. Powers, Mrs. & Mrs. R.L. Schrecongost, the Director of Public
Services, the Utilities Engineer /Superintendent, the City Engineer, the Finance
Director, and the Fire Chief.
On motion of Councilman Settle , seconded by Councilwoman Dovey ,
and on the following roll call vote:
AYES: Councilman Settle, Councilwoman Dovey; Councilmember Bond and Mayor Billig
NOES: Councilmember Dunin
ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of June ,
1981.
ATTEST:
ve
CITY C RK pulp, VOGES
OR MELANIE C. ,BILLIG
R 4519
Resolution No. 4519
APPROVED:
City Administ ative Officer
City Attorney
Public Services Director
(1981 Series)
EXHIBIT "A"
AGREEMENT AFFECTING REAL PROPERTY
2161, .. ..
THIS AGREEMENT, dated_ dune 16th 1981, for tlie" convenience of
the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter called "City ", and Mr. & Mrs'.. D.T. Powers, Mr. & Mrs.
P.W. Powers, and Mr. & Mrs. R.L. Schrecongost, the fee owners and developers of
the real property described herein, and each of them, hereinafter,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 design and 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. 4293, adopted on October 28, 1980, which resolution is made a
part of this agreement as though specifically set forth herein:
a. Construction of approximately 780 feet of 8 inch diameter water
line in Mill Street from Grove Street easterly to Grand Avenue.
b. Installation of one fire hydrant with connecting lateral and
related facilities.
c. This project including inspection, engineering, and
-- - administrati�oa thereof- is- Yo- ne- partiaiiy=-financea'oy� e C 'cy under - provisions°
of Resolution No. 4293, otherwise. known as the "$25,000 Quarterly Funding
Program ", to the extent that said funds are available from the third Quarter of.
the 1980 -81 program.
d. The total estimated cost of this project. including
engineering, inspection and administration is $32,700 of which the City's
agreed contribution is to be $25,000 from the Quarterly Funding Program and an
estimated $5,540 from the Deficiency Correction Program; the Developer agrees
to pay all costs for the installation of the.fire hydrant, estimated at $2,160.
2. Said water system improvements have been requested by Developer
to provide fire protection for the construction of a duplex at 1628 Mill
Street, said property being more particularly described as Lot #7 in Block 138
of the C:H. Phillips Addition as filed in Book "A ",at.'Page 49 in the Office of
the County Recorder, San Luis Obispo County,
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 $2,160 which .represents 100% of the estimated total cost for'his
share of the project.
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 balance of his share of the .actual
engineering, administration and contract cost of the project as
described in Section 1, paragraph B above and as adjusted to
conform with the unit prices of the lowest acceptable bid. It is
understood that if said balance is not paid to the City within
thirty 00) days after notification of the determination of the
cost of said work, no improvements will be made. and the deposit will
be forfeited and retained by the City.
5. For planning purposes, the City estimates that the water system
improvement will be completed within five (5) weeks after the contract is
awarded, and 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 unless writte
permission to do so is obtained from the Fire Chief.
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.
CITY OF SAN.LUIS OBISPO:
0 �LANIE BILLTG
ATTEST:
v
CITY . LERK PAME LA VOG
DEVELOPERS:
DEAN T. POWERS
cn
BLANCHE E. POWERS
�SSIE �CH CONGCST
APPROVED:
ldity—K&fl-riistrative Officer
City Attorney
e-
Public Services Director
(I,
Utilities Engineer Superintendent
Tin4'ncv—Di t
w
RESOLUTION NO. 4518 (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AN AGREEMENT WITH
THE STATE OF CALIFORNIA TO RELOCATE UTILITIES
ON CUESTA GRADE.
BE IT RESOLVED by the Council of the City of San.Luis Obispo as
follows:
SECTION 1. To approve Utilities Agreement No. 432.0.11 between
the City and the State of California regarding the relocation of utilities
on Cuesta Grade.
SECTION 2. To authorize the Mayor to execute the Agreement.
SECTION 3. To direct the City Clerk to forward two executed copies
of the Agreement and a certified copy of this Resolution to:
John W. Maddux
District Right -of -Way Clearance Agent
State of California
Department.of Transportation
P. 0. Box L -
San Luis Obispo, CA. 93406
Al'�v
On motion of Councilman Settle seconded by Councilwoman Dovey ,
and on the following roll call vote:
AYES: Councilman Settle, Councilwoman Dovey, Councilnembers Bond, Dunin,
and Mayor Billig
NOES: :done
ABSENT: None
the foregoing Resolution was passed and adopted thisl6thday of_ June ,
1981.
l
MA IE C. BILLIG
ATTEST:
CITY CLERK PAMELA-VOOff-
V-
R 4518
Resolution No. 4518
APPROVED:
City Ad " iv O ficer
City Attorney
Director of Pu lic Services
(1981 Series)
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor
DEPARTMENT OF TRANSPORTATION
P.O. BOX L, SAN LUIS OBISPO 93406 O
TELEPHONE: (805) 549 -3111
June 2, 1981
R /W- 05 -SLO -101- 31.1/32.4
05400 - 218342
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93406
Attention: David F. Romero
Director of Public Works
Gentlemen:
Enclosed you will find Utilities Agreement No. 432.0.11
which pertains to the relocation of your 10" pipeline to
clear the State's construction on Highway 101:from Reservoir
Canyon Road to .3 mile.on Old Highway 101. Enclosed is an
original and two copies. -
After your review, please have the original and the first
copy executed and returned to me for further processing.
The second copy is for your file. Upon acceptance by the
State, I will send you a fully executed copy.
If you have any questions, please contact me at 549 -3352.
�;r�
John W. Maddux
District Right of Way
Clearance Agent
Enclosures
I
0
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
INTERSTA
CFORM DH-ORW 39 (REV. 7.79)
SOURCE CODE NO.----------- --------- - ---------------- —
NOTICE NO._ 432 a 0 9 11 _ -------------------- OWNER'S FILE
UTILITIES AGREEMENT NO._432_,_0.11.
Date ---------------------------- ----------- --- --- - -- - - --
FIRST PARTY: State of California, acting by and through its .Department of Transportation, hereinafter
called STATE.
SECOND PARTY: - __CITY OF SAN LUIS OBISPO
hereinafter called OWNER.
Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE because:
I Existing facilities are located in there present position pursuant to
a Judgment of Condemnation dated January 18; 1911 recorded in San Luis
Obispo County, Volume 87, page 485 of Official Records. This establishes
rights which are prior and superior to those of the State.
I_I In accordance with Notice to Relocate 432.0.11 dated May 15 ,1981, owner
shall lower his 10" pipeline to clear the State's proposed construction_
on Road 05 -SLO -101 from Reservoir Canyon Road to 0.3 mile South of
Old Highway 101, as follows:
Left of E.S. 108 +25 lower 10" steel line for 100' to clear
construction. Minor deviations from the above - described
work may be made and incidental work performed by the owner
when mutually acceptable to both parties and upon approval
by the State.
III Owner agrees to cause the herein described work.to be performed by a
contract with the lowest qualified bidder, selected pursuant to a valid
competitive bidding procedure, and to furnish or cause to be furnished
all necessary labor, materials, tools and equipment required therefor,
and to prosecute said work diligently to completion.
Route
P: Ivi.
E. A.
ECounty
SLO
101
•31.1/32.4
218342
SOURCE CODE NO.----------- --------- - ---------------- —
NOTICE NO._ 432 a 0 9 11 _ -------------------- OWNER'S FILE
UTILITIES AGREEMENT NO._432_,_0.11.
Date ---------------------------- ----------- --- --- - -- - - --
FIRST PARTY: State of California, acting by and through its .Department of Transportation, hereinafter
called STATE.
SECOND PARTY: - __CITY OF SAN LUIS OBISPO
hereinafter called OWNER.
Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE because:
I Existing facilities are located in there present position pursuant to
a Judgment of Condemnation dated January 18; 1911 recorded in San Luis
Obispo County, Volume 87, page 485 of Official Records. This establishes
rights which are prior and superior to those of the State.
I_I In accordance with Notice to Relocate 432.0.11 dated May 15 ,1981, owner
shall lower his 10" pipeline to clear the State's proposed construction_
on Road 05 -SLO -101 from Reservoir Canyon Road to 0.3 mile South of
Old Highway 101, as follows:
Left of E.S. 108 +25 lower 10" steel line for 100' to clear
construction. Minor deviations from the above - described
work may be made and incidental work performed by the owner
when mutually acceptable to both parties and upon approval
by the State.
III Owner agrees to cause the herein described work.to be performed by a
contract with the lowest qualified bidder, selected pursuant to a valid
competitive bidding procedure, and to furnish or cause to be furnished
all necessary labor, materials, tools and equipment required therefor,
and to prosecute said work diligently to completion.
IV Owner shall submit a Notice of Completion to the District Utilities
Engineer within 30 days of the completion of the work described
herein.
V The State shall pay its share of the actual cost of said relocation
within 90 days after receipt of an itemized bill in quintuplicate,
signed by a responsible official of owner's organization, compiled
on the basis of the actual cost and expense. The owner shall maintain
records of the actual costs incurred and.charged or allocated to
the project in accordance with recognized accounting principles.
It is understood and agreed that the State will not pay for any
betterment or increase in capacity of owner's facilities and that
owner shall give credit to the State for all accrued depreciation on
the replaced facilities and for the salvage value of any material or
parts salvaged and retained or sold by owner.
VI At the election of the Owner, progress bills for costs incurred may
be submitted not to exceed Owner's recorded costs as of a specific
date less.estimated credits applicable to completed work where the
recorded costs are sufficient to warrant such billing.
The final billing shall be in the form of an itemized statement of
the total costs charged to the project, less the credits provided
for in the agreement, and less any amounts covered by progress
.billings.
Detailed.records from which the billing is compiled shall be retained
by the Owner for a period of four years from the date of the final
bill and will be. available for verification by State (and Federal)
auditors.
Q
• 9
Estimated Cost to STATE $.= 4 -t- 5- 0- 0--- __--- __ - - - --
OWNER agrees to perform and STATE agrees to pay for the above-described work in accordance with
----
-- the - --- terms - °f --- the ---- a-cr-re-eaem-t
- - ------------------------------------------------------------------------------------------ - -- - ---------------------
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above Written.
- ----- T-Y --- 0 SAN LUIS OBISPO ----
1. M
Billig, Mayor
Melan. ee i
APPROVAL RECOMMENDED:
-- ATTEST: - - - - -- --------------------------- ------------
--------- ------- -- ------ -------
DiTtrict Right of Way Agent
---- ---- ---- --- - -- - ------------------ --- --- ------ --- --- --- ---------- PG
Right of Way Mamwe Agad e -------------------------------------------
C.' y Clerk. Owner___
AippRovED: STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By
EST. 6157. 15377-300 7-73 10M (D A OSP
4
AGENDA
DATE ITEM # 4r__" ?�
AGENDA REPORT
TO: City Administrative Officer
BY: Personnel Director
FOR COUNCIL MEETING OF: ,Tune 9, 1981
ACTION REQUESTED: Adopt Resolution
SUBJECT
Salary Resolution 4242 (1980 Series) includes adopted salary for City Clerk
and fringe benefits.
RECOMMENDATION
Adopt resolution amending Resolution 4,242 (1980 Series) establishing salaries
and benefits for certain management personnel.
DISCUSSION.
This resolution sets the initial salary for the City Clerk's position at
$1550 per month: -,in accordance with City Council's determinations. The
position will receive all management benefits granted.department heads.
(attachments)
.BUDGET IMPACT
6-j
RESOLUTION NO. 4517 (1981 Series)
A RESOLUTION AMENDING RESOLUTION NO. 4242 (1980 Series)
ESTABLISHING SALARIES AND BENEFITS FOR CERTAIN MANAGEMENT
PERSONNEL.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Article I of Resolution 4242 (1980 Series) herein is amended to provide
that the salary of the City Clerk shall be $1,550 per month effective June 9 ,
1981.
On motion of Councilperson Settle , seconded by councilperson
Dovey and on the following roll call vote:
AYES: Councilmembers Bond, Dovey, Dunin, Settle and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted. this 9th day of June
1981.
ATTEST:
City Clerk Pame'a Voges
/ r
APPROVED:
Administrative Of ices
City Attorney Personnel Director
R 4517
RESOLUTION NO. 4516 (1981 Series.)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPOINTING PAMELA VOGES TO THE POSITION OF
CITY CLERK.
WHEREAS, the position of City Clerk became vacant due to the retirement of
J. H. Fitzpatrick; and
WHEREAS, the vacancy was duly advertised and all qualified applicants were
interviewed; and
WHEREAS, the City Council has determined that Pamela Voges best met the
qualifications for the position;
NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo,
that Pamela Voges is appointed City Clerk for.the City of San Luis Obispo, and
BE IT FURTHER RESOLVED that the City Clerk is appointed by and serves at the
pleasure of City Council, and shall be compensated in accordance with management
compensation policy established by Resolution 4242 (1980 Series) as amended.
On motion of Councilperson _ Settle , seconded by Councilperson
Dovey , and on the following roll call vote:
AYES: Councilmembers Bond, Dovey, Dunin, Settle and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 9th day of June ,
1981.
ATTEST
MAYO MELAN C. BILL G
Caty Clerk Pamela V ges
APPROVED:
Cite Citc
Y —AA661sefrative Officer
City Attorney
�'� (f A/Ca . - -
Personnel Director
R 4516
iEETIN� 9 �,
AGENDA
`ATE ITEM #�
AGENDA REPORT
TO: City Administrative Officer
BY: Ann McKibbin, Personnel Director
SUBJECT
Appointment of a City Clerk.
FOR COUNCIL MEETING OF: June 9, 1981
ACTION REQUESTED: Adopt Resolution
RECOMMENDATION
Adopt Resolution appointing Pamela Voges as City Clerk.
DISCUSSION
(attachments)
BUDGET IMPACT
tr� 1 3.
Ian_ nUTION NO. 4515 (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND A14ARDING A CONTRACT
13E 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: Santa Rosa Street Signal
Interconnection
ESTIMATE: $12,000
BIDDER: Safety Electric Corporation
CITY PLAN NO: C -06.
BUDGET ACCOUNT: 23- 5171 -006
BID AMOUNT: $20,692.00
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 Settle , seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, and Mayor Billig
NOES: None
ABSENT: Councilman Bond
the foregoing Resolution was passed and adopted this 2nd day of
19 81
June
PAYOR - Melanie C. Billig
ATTEST:
C i
ACTING CITY CLERK — Pam Voges
APPKOVED:
Ciry Administrative Officer
City Attorney
Finance Director
c
r63 Jr
I
1,
V
R 4515
RESOLUTION NO. 4514 (19 81 Series')
A RESOLUTION,OF THE COUNCIL OF.THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND PEASLEY ACCOUNTANCY CORPORATION
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
Peasley Accountancy Corporation to conduct Revenue Requirement studies for the
City's Water and Sewer Funds 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: Peasley Accountancy Corpora-
tion, Finance Director, Public Services Director.
On motion of Councilman Settle seconded by Mayor Billig ,
and on the following roll call vote:
AYES: Councilman Settle-, Mayor. Billig, Councilmembers Dunin and Dovey
NOES: None
ABSENT: Councilman Bond
the foregoing Resolution was passed and adopted this 2nd day of June ,
1981 `
ISOR LANIE C. BILLIG
ATTEST:
ACTING CITY ERK PAME VOG S
APPROVED -:
in
City 9 istrative Officer
R 4514
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of June ,
19 81 , by and between the City of San Luis Obispo, hereinafter "City" and
Peasley Accountancy Corporation, of Long Beach, California, hereinafter
"Consultant ".
WITNESSETH
WHEREAS, City desires to retain certain services relating to the develop-
ment of rates for cost of service for the City Water Fund and Sewer Fund
Operations; and
WHEREAS, City desires to engage Consultant to provide these services by
reason of its qualifications and experience for performing such services, and
Consultant has offered to provide required services on the terms and in the
manner set forth herein;
NOW, THEREFORE, in consideration of.their mutual covenants, the parties
hereto agree as follows:
1. Project Coordination
(a) City - The Finance Director for the City of San Luis Obispo or his
designated representative hereby is designated as the Project Manager
for the City. He shall supervise the progress and execution of this
agreement.
(b) Consultant - Consultant shall assign a single Project Coordinator to
have overall responsibility for the progress and execution of this
Agreement for Consultant. Gerald W. Peasley hereby designated as the
Project Coordinator for Consultant. Should circumstances or condi-
tions subsequent to the execution of this agreement require a
substitute Project Coordinator for any reason, the Project Coordinator
designee shall be subject to the prior written acceptance and approval
-1-
of the Finance Director for the City of San Luis Obispo:
2. Duties of Consultant
(a) Services to be furnished - Consultant shall provide all specified
services and produce materials as set forth in Exhibit "A" consisting
of one (1) page attached hereto and incorporated herein by this
reference.
(b) Laws to be observed - Consultant shall:
(1) Procure all permits and licenses, pay all charges and fees,, and
give all notices; which may be necessary and incident to the due
and lawful prosecution of the services to be performed by
Consultant under this agreement;
(2) Keep itself fully informed of all existing and future federal,
state and ldcal'laws;•ordinances ;`regulations" orders; and-
decrees which may affect those engaged' or employed under this
agreement, any materials used in Consultant's performance under
this agreement, or the conduct of the services under this
agreement;
(3) At all times observe and comply with, and cause all of its
employees, to observe and comply with, all of said laws, ordi-
nances, regulations, orders and decrees mentioned above.
(4) Immediately report to the City's Project Manager in writing any
discrepancy or inconsistency it discovers in said laws,
ordinances, regulations, orders, and decrees mentioned above in
relation to any documents, specifications, or provisions of this
agreement.
(c) Release of report and information - Any report, information, data,.
or other material given to, or prepared or assembled by Consultant
-2-
under this agreement shall be the property of City and shall not be
made available to any individual or organization by Consultant without
prior written approval of the City's Project Manager.
(d) Copies of reports and information - If City requests additional copies
of reports, charts, specifications, or any other material in addition
to that Contractor is required to furnish in limited quantities as part
of the services under this agreement, Consultant shall provide such
additional copies as are requested, and City shall compensate Consultant
for the costs of duplicating of such copies at Consultant's cost.
(e) Qualifications of consultant - Consultant represents that it is
qualified to furnish the services described under this agreement.
3. Duties Of City
City agrees to cooperate -with Consultant and to perform those tasks ascribed. .
to it in Exhibit "A' attached hereto and incorporated by this reference.
4.- Compensation
The City shall pay Consultant for services performed hereunder as presented
by Exhibit "A" attached hereto and incorporated by this reference. Consultant
shall submit itemized invoices to the City specifying work performed and
payment due. Payment shall be due within thirty (30) calendar days of invoice
date. Invoices shall be submitted to the City on a monthly basis.
5. Time Is Of The Essence
(a) Time of completion of this project is of the essence.
(b) Consultant shall complete the work to be performed under this agreement
no later than August 10, 1981.
(c)' Time extensions may be allowed for delays caused by City or other
governmental agencies.
-3-
6. Temporary Suspension
City`s Project Manager shall have the authority to suspend this agreement,
wholly or in part, for any such period as he deems necessary due to
unfavorable conditions or to the failure on the part of Consultant to
perform any provision of this agreement.
7. Suspension; Termination
(a) Right to suspend or terminate - The City retains the right to terminate
this agreement for any reason by notifying Consultant in'writing'seven
(7) days prior to termination and by paying the compensation, due and.
payable to the date of termination; provided, however,.if this agree-
ment is terminated for fault of Consultant, City shall be obligated to
compensate Consultant only for that portion of Consultant services
which follow the.; intent._ of. the..work scope, as,.per Exhibit "A"'.,
(b) Return of materials - Upon such termination, Consultant shall turn over
to the City immediately any and all copies of studies, reports, charts,
computations and other data, whether or not completed; prepared by
Consultant, or given to Consultant in connection with this agreement.
Such materials shall, however, be presented in a useable format or
condition and the Consultant shall be reimbursed for such time as may
be required to prepare said materials. Such materials shall-become
the permanent property,of City. Consultant, however., shall not be
liable for City's use of incomplete materials nor for City's -use of
complete documents if used for other than the project contemplated by
this agreement.
8. Inspection
Consultant shall furnish City with reasonable opportunity for City to
ascertain that the services of Consultant are being performed in accordance
with the requirements and intentions of this agreement. All work done and
-4-
all materials furnished, if any, shall be subject to the City's Project
Manager's inspection and approval. The inspection of such work shall not
relieve Consultant of any of its obligations to fulfill its agreement as
prescribed.
9. Ownership Of.Materials
All original reports, charts, graphs and other materials prepared by
Consultant pursuant to this agreement shall become the permanent property
of the City. Consultant may, however, retain copies for his own records.
10. Independent Judgment
Failure of City to agree with Consultant's independent findings, conclu-
sions, or recommendations, if the same are called for under this agreement,
on the basis of differences in matters of judgment shall not be constructed
as a, failure on.the part of Consultant to meet the requirements of.this
agreement.
11. Assignment; Subcontractors; Employees
This agreement is for the performance of professional consulting accounting
services of the Consultant and is not assignable by the Consultant without
prior consent of the City in writing. The Consultant may employ other
specialists to perform several services as required with prior approval by
the City. All such services shall be actually performed by or shall be
immediately supervised by a consultant with the qualifications and experience
necessary to practice in the appropriate field.
12. Notices
All notices hereunder shall be given in writing and mailed, postage prepaid,
by certified mail, addressed as follows:
To City: City Clerk's Office
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA 93406
-5-
13. Indemnity
0
To Consultant: Peasley Accountancy Corporation
5175 East Pacific Coast Highway
Suite 405
Long Beach, CA 90804
Consultant hereby agrees to indemnify and save harmless the.City, its
officers, agents and employees of and from:
(a) Any and all claims and demands which may be made against City, its
officers, agents, or employees by reason of any injury to or death
of�any person or damage suffered or-sustained by-any-person-or
corporation caused by, or alleged to have been caused by, any act
of omission, negligent or otherwise, of Consultant under this agree-
meat or of Consultant's employees or agents;
(b) Any and all damage to or destruction of the property of City, its
officers, agents, or employees occupied or used by or in the care,
custody, or control of Consultant, or in proximity to the site of
Consultant's work, caused by any act or omission, negligent or
otherwise, of Consultant under this agreement or of Consultant's
employees or agents;
(c) Any and all claims and demands which may be made against City, its
officers, agents, or employees by reason of any injury to or death
of or damage suffered or sustained by any employee or agent of
Consultant under this agreement, however caused, excepting, however,
any such claims and demands which are the result of the sole negli-
gence or willful misconduct of City, its officers, agents, or employees;.
(d) Any and all penalties imposed or damages sought on account of the
violation of any law or regulation or of any term or condition of any
permit.
Consultant, at its own cost, expense, and risk, shall defend any and all
suits, actions, or other legal proceedings that may be brought or insti-
tuted by third persons against City, its officers, agents, or employees
on any such claim or demand of such third persons, or to enforce any such
penalty, and pay and satisfy any judgment or decree that may be rendered
against City, its officers, agents, or employees in any such suit, action,
or other legal proceeding. This condition applies only to actual work
performed by Consultant in the reasonable execution of the work scope
attached hereto and covers any acts of his or his subcontractors,.
14. Workers' Compensation
Consultant 'certifies that it is aware of the provisions of the Labor Code
of the State of California, which require every employer to be insured
against liability for workers' compensation or to undertake "self - insurance
in accordance with the provisions of that code, and it certifies that it
will comply with such provisions before commencing the performance of the
work of this agreement.
15. Insurance
At the request of the City's project manager, Consultant shall provide proof
of comprehensive general liability insurance (including automobile) and
business liability insurance in amounts satisfactory to the City's project
manager.
16. Agreement Binding
The terms, covenants, and conditions of this agreement shall apply to, and
shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
17. Waivers
The waiver by either party of any breach or violation of any term, covenant,
or condition of this agreement or of any provision, ordinance, or law shall
�l
not be deemed to be a waiver of such term, covenant,,condition, ordinance,
or law or of any subsequent breach or violation of the same or of any other
term, covenant, condition, ordinance, or law. The subsequent acceptance by
either party of any fee or other money which may become due hereunder shall
not be deemed to be a waiver of. any preceding breach or violation by the
other party of any term, covenant, or condition of this agreement or of any
applicable law or ordinance.
18. Costs And Attorney Fees
The prevailing party in any action brought to enforce the terms of this
agreement or arising out of this agreement may recover its reasonable costs
and attorney fees expended in connection with such an action from the other
party.
19. Agreement Contains All Understandings
This document represents the entire and - integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agree-
ments, either written or oral. This document may be amended only by written
instrument,.signed by both City and Consultant. -All. provisions of this
agreement are expressly made conditions. This agreement shall be governed
by the laws of the State of California.
IN WITNESS WHEREOF, City and Consultant have executed this agreement the day
and year.first above written.
ATTEST:
ACTING, CITY CL RK PkN V G
APPROVED AS'TO FORM:
%�_1� -
City Attorney
Rr
PEASLEY ACCOUNTANCY CORPORATION
Its President
M
RESOLUTION NO. 4513 (1981 Series)
A RESOLUTION OF.THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AMENDMENT TO AGREEMENT
WITH ROSS, LEVIN, MacINTYRE, ARCHITECTS
WHEREAS, the City previously has entered into an agreement
with Ross, Levin, MacIntyre, Architects for master planning of City's proposed
corporation yard; and
WHEREAS, because of extra work under the agreement due to consideration
of alternate corporation yard sites both parties desire to amend the agreement to
provide for "other work as directed" at an increased not -to- exceed fee of $9,000.00.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The Amendment to Agreement attached hereto is approved and
the Mayor is directed to sign it on behalf of the City.
SECTION 2. The City Clerk shall furnish a copy of this Resolution and a
copy of the executed Amendment to Agreement approved by it to: Ross, Levin,
MacIntyre, Architects; Director of Public Services and Finance Director.
On motion of Councilman Settle , seconded by Mayor Billig ,
and on the following roll call vote:.
AYES: Councilman Settle, Mayor Billig, Councilmembers Dunin and Dovey
NOES: None
ABSENT: Councilman Bond
the foregoing Resolution was passed and adopted this 2nd day of ,Tune , 1981.
ATTEST:
jaftmldf 6�
ACTING CITY CLERK VOGES
R 4513
RESOLUTION NO. 4513 (1981 Series)
Approved:
City Administ at v Officer
City Attorney
AMENDMENT TO AGREEMENT
FOR CONSULTANT SERVICES
(Ross, Levin, Maclntyre, Architects)
This Amendment to Agreement, made and entered into this 2nd day of June ,
1981, by and between the City of San Luis Obispo, hereinafter "City" and Ross, Levin,
MacIntyre, Architects, hereinafter "Consultant."
W I T N E S S E T H
SECTION 1. Exhibit "A" that certain "Consultant Services Agreement" (copy
attached, and incorporated herein by this reference) made and entered into on
November 20, 1979, between the City and Consultant hereby is amended as follows:
A. Paragraph f) is added to the listed scope of services.on page 1
of Exhibit "A" to read:
"f) Conduct other architectural studies relating to corporation
yard as directed by City.
B. The maximum not -to- exceed fee of $4,000.00 set out on page 1 of
Exhibit "A" is amended to read "$9,000.00."
SECTION 2. Except as amended hereby, all terms and conditions of the Agreement
shall remain in full force and effect as written.
IN WITNESS WHEREOF, City and Consultant have executed this Amendment to
Agreement the day and year first above written.
TY OF SAN LUIS OBISPO r
ATTEST: By jj AAAAO
MAY 6R E VIE C. BILLIG
ACTIf CITY CLEIRK, qVOGES ROSS, LEV MacINTYRE,
.//7 �
By
I t9 (/ � /" -
-t
j_
l EXHIBIT "A"
CONSULTANT SERVICES AGREE', —=
THIS AGREEMENT, made and entered into this 20th day of
November , 1979, by and between the City of San Luis Obispo,
hereinafter "City" and Ross, Levin, Maclntyre, Architects,
hereinafter "Consultant ".
WITNESSETH:
WHEREAS, City desires to retain certain services
Master Plan for Corporation Yard.
WHEREAS, City desires to engage Consultant to provide =these
services by reason of its qualifications and experience for
performing such services, and Consultant has offered to provide
required services on the terms and in the manner set forth
herein;
NOW, THEREFORE, in consideration of their mutual covenants, the
parties hereto agree as follows:
1. PROJECT COORDINATION
(a) City. The Public Services Director for the City of San
Luis Obispo or his designated representative hereby is designated
as the Project Manager for the City. He shall supervise the pro-
gress and execution of this agreement.
(b) Consultant. Consultant shall assign a single Project Coor-
dinator to have overall responsibility for the progress and
execution of this agreement for Consultant. Rodney R. Levin is
hereby designated as the Project Coordinator for Consultant.
-1-
V
lk
Should circumstances or conditions subsequent to the execution
of this agreement require a substitute Project Coordinator for
any reason, the Project Coordinator designee shall be subject
to the prior written acceptance and approval of the Public Ser-
vices Director for the City of San Luis Obispo.
2: DUTIES OF CONSULTANT
(a) Services to be Furnished. Consultant shall provide all
specified services and produce materials as set forth in Exhi-
bit "A" consisting of 3 pages attached hereto and incorporated
herein by this reference.
(b) Laws' to be Observed, Consultant shall:
(1) Procure all permits and licenses, pay all charges and fees,
and give all .notices" excluding 'the 'EIR process,, which, may
necessary and incident to the due and lawful prosecution of
the services to be performed by-Consultant under this agree -
ment;
(2) Keep itself fully informed of all existing and future federal,
state and local laws, ordinances, regulations, orders, and
decrees which may affect those engaged or employed under this
agreement, any materials used in Consultant's performance
under this agreement, or the conduct of the services under
this agreement;
;(3) At all times observe and comply with, and cause all of its
employees, to-observe and comply with, all of said laws,
ordinances, regulations, orders and decrees mentioned above.
-2-
L
r
i
(4) Immediately report to the City's Project Manager in writing
any discrepancy or inconsistency it discovers in said laws,
ordinances, regulations, orders, and decrees mentioned above
in relation to any plans, drawings, specifications,-or
provisions of this agreement.
(c) Release'of Reports and Information. Any report, information,
data, or other mater --ial, given to, or prepared or assembled by
Consultant under this agreement shall be the property of City
and shall not be made available to any individual or organization
by Consultant without the prior written approval of the City's
Project Manager.
(d) Copies of Reports and Iriformat ion. If City request ad-
ditional copies of ,reports;..drawings.,. specif.icat:ions, or_ any..
other material in addition to that Contractor is required to
furnish in limited quantities as part of the services under this
agreement, Consultant shall provide such additional copies as
are requested, and City shall compensate Consultant for the, costs
of duplicating of such copies at Consultant's cost.
(e) Qualifications of Consultant.. Consultant represents.that
it is qualified to furnish the services described under this
agreement.
3. DUTIES OF CITY
City agrees to cooperate with Consultant and to perform those
tasks ascribed to it in Exhibit "A" attached hereto and iincor-
porated by this reference.
4. COMPENSATION
The City shall pay Consultant for services performed hereunder
as presented by Exhibit "A" attached hereto and incorporated by
this reference. Consultant shall submit itemized invoices to
the City specifying work performed and payment due. Payment
shall be due within thirty (30) calendar days of invoice date., .
Invoices shall be submitted to the City on .a monthly basis.
S. TIME IF OF THE ESSENCE.
(a) Time of completion of this project.is of the essence..
(b) Consultant shall complete the work to be performed under
this agreement within the time frame mutually established.
(c) Time extensions may be. allowed for delays.caused by City
or. other governmental: 'a'genc'ies ::
6. TEMPORARY SUSPENSION
City's Project Manager shall have the authority. to suspend
this agreement, wholly or in part, for any such period as he
deems necessary due to unfavorable conditions or to the failure
on the part of Consultant to perform any provisions of this
agreement..
7. SUSPENSION; TERMINATION
(a) Right 'to Suspend or Termiante. The City retains the right
to terminate.this agreement for any reason by notifying Consul-
tant in writing seven (7) days prior to termiantion and by paying
the compensation due and payable.to the date of termination;
-4-
provided, however, if this agreement is terminated for fault
of Consultant, City shall be obligated to compensate Consultant
only for that portion of Consultant services which follow the
intent of the work scope as per Exhibit "A ". .
(b) Return of Materials. Upon such termination, Consultant
shall turn over to the City immediately any and all copies of
studies, sketches, drawings, computations, and other data,
whether or not completed, prepared by Consultant, or given to
Consultant in connection with this agreement. Such materials
shall, however, be presented in a useable format or condition
and the Consultant shall be reimbursed for such time as may be
required to prepare said materials. Such materials shall become
the permanent property of City. Consultant, however, shall not
be liable for City's use of incomplete materials nor for City's
use of complete documents if used for other than the project
contemplated by this agreement.
8. INSPECTION
Consultant shall furnish City with reasonable opportunity for
City of ascertain that the services of Consultant are being
performed in accordance with the requirements and intentions
of this agreement. All work done and all material furnished,
if any, shall be subject to the City's Project Manager's in-
spection and approval. The inspection of such work shall not
relieve Consultant of any of its obligations to fulfill its
agreement as prescribed.
-5-
9. Owi1ERSHIP OF MATERIALS
All original drawings, plans.and other materials prepared by
Consultant pursuant to this agreement shall become the permanent
property of the City. Consultant may, however, retain copies
for his own records..
10. INDEPENDENT JUDGEMENT.
Failure of City to agree with Consultant's independent findings,
conclusions, or recommendations, if the same are called for
under this agreement, on the basis of differences in matters
of judgement shall not be constructed as a failure on the part
of Consultant to meet the requirements of this agreement.
11. ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES
This agreement is for`the performance of professional consulting
design services of the Consultant and is not assignable by the
Consultant without prior consent of the City in writing. The
Consultant may employ other specialists to perform several
services as required with prior- approval.by the City. All such
services shall be actually performed by or shall.be immediately
supervised by a consultant with the qualifications and experience
necessary to practice in the appropriate field.
12. NOTICES
All notices hereunder shall be given in writing and mailed,
postage prepaid, by certified mail, addressed as follows:
' J
To City: City Clerk's Office
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA. 93406
To Consultant: Ross Levin MacIntyre, Architects
1129 Marsh Street
San Luis Obispo, CA. 93401
13.. INDEMNITY
Consultant hereby agrees to indemnify and save harmless the City,
its officers, agents and employees of and from:
(a) Any and all claims and demands which may be made against
City, its officiers, agents, or employees by reason of any in-
jury to or death of any person or damage suffered or sustained
by any person or corporation caused by, or alleged to have been
caused by, any act of omission, negligent.or otherwise, of Con-
sultant under this agreement or of Consultant's employees or
agent's;
(b) Any and all damage to or destruction of the property of
City, its officers, agents, or employees occupied or used by or
in the care, custody, or control of Consultant, or in proximity
to the site of Consultant's work, caused by any act or omission,
negligent or otherwise, of Consultant under this agreement or
of Consultant's employees or agents;
(c) Any and all claims and demands which may be made against
City, its officers, agents, or* employees by reason of any in-
jury to or death of or damaged suffered or sustained by any
employee or agent of Consultant under this agreement, however
-7-
IJ
caused, excepting, however, any such claims and demands which
are the result of the sole negligence or willful misconduct of
City, its officers, agents, or employees;
(d) Any and all penalties imposed or damages sought on account
of the violation of any law or regulation or of any term of con-
dition of any permit.
Consultant, at its own cost, expense, and risk, shall defend any
and all suits, actions, or other legal proceedings that may be
brought or instituted by third persons against City, its.offi-
cers, agents, or employees on any - such claim or demand of such
third persons, or to enforce any such penalty,.-and pay and sat-
isfy any judgment or decree that may be rendered against City,
-its officiers, agents.;..�or _employees ,in..any.such.suit,,action, or
other legal proceeding. This conditions applies only to actual
work performed by Consultant in the reasonable execution of the
work scope attached hereto and covers any acts of his or his
subcontractors.
14. WORKERS' COMPENSATION
Consultant certifies that it is aware of the provisions of the
Labor Code of the State of California, which require every em-
ployer to be insured against liability for workers' compensation
or to undertake self- insurance in accordance with the provisions
of that code, and it certifies that it will comply with such
provisions before commencing the performance of the work of this
agreement.
15. INSURANCE
At the request of the City's project manager, Consultant shall
provide proof of comprehensive general liability insurance (in-
cluding automobile) and business liability insurance in amounts
satisfactory to the City's project manager.
16. AGREEMENT BINDING
The terms, covenants, and conditions of.this agreement shall
apply to, and shall bind the heirs, successors, executors; ad-
ministrators, assigns, and subcontractors of both parties.
17. WAIVERS
The waiver by either party of any breach or violation of any
term, covenant, or condition of this.agreement or of any pro -
vision ordinance ..or..
latia shall not be deemed to be a waiver of
such term, covenant, condit -ion, ordinance, or law or of any sub -
sequent'breach or violation of the same or of any other term,
covenant, condition, ordinance, or. law. The subsequent accept-
ance by either party of any fee or other money which may become
due hereunder shall not be deemed to be a waiver of any pre-
ceding breach or violation by the other party of any term,
covenant, or condition of this agreement or of any applicable
law or ordinance.
18. COSTS AND ATTORNEY FEES
The prevailing party in any action brought to enforce the terms
of this agreement or arising out of this agreement may recover
its reasonable costs and attorney fees expended in connection
with such an action from the other party.
-9-
I
19. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire.and integrated agreement
between City and Consultant and supersedes all prior.negotia-
tions, representations, or agreemenets, either written or oral..
This.document may be amended only by written instrument, signed
by both City and Consultant. All provisions of this agreement
are expressly made conditions. This agreement shall be governed
by the laws of the State of California.
IN WITNESS WHEREOF, City and Consultant have executed this
agreement the day and.year first above written.
CITY OF SAN LUIS OBISPO
By S/ YNN
Mayor Lynn. R...Cooper
ATTEST: APPROVED AS TO--C6NTENT:
51J.H. Fi T ZPATRICX
City C er J.H. Fitzpatrick City-�A sti�ativb"07ficer
APPROVED AS TO FORM:
City Attorney
rector o
c cervices
-10-
0
November 12, 1979
Mr. David Romero
Director of Public Services
City of San Luis Obispo
990 Palm Street,
tan-Luis Obispo, CA 93401
Re: City of San Luis Obispo
Corporation Yard
Gudel Property, Higuera Street.
San Luis Obispo, CA
Dear Mr. Romero,
Exhibit "A" - Page
ARCHITECTS
This Firm of Ross Levin MacIntyre welcomes the opportunity'to make our
talents and resources available for the Master Planning of the above.
We wish to emphasize our firm's unique operational characteristics in.the
fields of commercial,. industrial and public works design services. Our
on -going involvement ,An.these•fields -results!in, significant advantages to
our clients.
We also wish to emphasize that our personal involvement on.the partner
level throughout the team effort is a committment to which we are dedicat-
ed. In brief we have enclosed as Exhibits '.'B" and "C" a partial list of
completed projects and track records for your viewing.
The scope of our services as briefly discussed with you will be as follows:
a) Review previous S.U.A. study and Master Plan for the corporation
yard including transit operations.
b) Prepare projections for personnel and space needs to the year 2000,
at the new location and review with your department. '
c) Prepare preliminary master plan and present for comments and input.
d) Prepare final master plan presented on reproducible tracing of large
scale.
e) Prepare summary report of recommendations, phasing of improvements and
cost estimates.
In keeping with the foregoing, this office will.gerform the work as delineat-
ed above on an hourly basis (Copy of Hourly Rate enclosed) with a maximum
not -to- exceed fee of $4,000.00.
Upon approval of the agreement for services and your written notice to
proceed, we will prepare a preliminary master plan for your review within
thirty (30) days. The final master plan will be completed within thirty (30)
days of the approval of the preliminary.
'`" ` 1129 MARSH ST., SAN LUIS OBISPO, CALIFORNIA 93401 (805)543 -1291
,lam
Exhibit "A"
Page 2
City of San Luis Obispo
Mr. David Romero
Re: City of San Luis Obispo
Corporation Yard
Gudel Property, Higuera Street
We look forward to working with you on.this project in the near future.
Your vepy truly!'
Ftodnney R. ,tevin AIA
Exhibit."A" Page 31.
A nEr%r.,"H I w I'E C T S
January 1, 1979
HOCRLY RATE SCHEDULE:
Principal
$ 35.00
per
hour
Architect
Designing and Engineering
30.00
per
hour
Drafting
24.00
per
hour
Senior Draftsman
18.00
per
hour
Junior Draftsman
12.00
per
houi
Steno
10.00
per
hour
Field Supervision/Observation
Certified Architect
30.00
per
hour
Consulting Engineers
Cost'.'+
'5 pe,rcent!
Consultation
250.00
per
day
Travel
.15
per
mile + cost
Printing
.10
per
square foot
Specifications
5.00
per
copy
Telephone, long distance
at cost
1129 MARSH ST. SAN BlIqoRispn CALIFORNIA 934.01: (205)543-1291
RESOLUTION NO.4512(1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR
TRACT NO. 979, LOCATED AT 533 PISMO STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
i&
SECTION 1. That this Council, after consideration of the tentative map of
Tract No. 979 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 and specific plan.
2.
The
design
and improvements of the proposed subdivision
are consistent with
the
general
plan and specific plan.
3.
The
site is
physically suitable for the type of
development proposed.
4.
The
site is
physically suitable for the proposed
density of development.
5. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
6. The design of the subdivision or the type of improvements are not likely to
cause public health problems.
7. The design of the subdivision or the type of improvements will not conflict
with easements for access through or use of property within the proposed
subdivision.
8. The proposed subdivision is granted a mitigated negative declaration as
granted by the Community Development Director-
SECTION 2. That the approval of the tentative map for Tract No. 979 be
subject to the following conditions:
1. Each unit shall be served by individual water meters clustered behind the
curb to the approval of the Public Services Department.
2. Each unit shall be provided with a privately owned common sewer lateral.
R 4512
Resolution No.4512(1981 Series)
Tract 979
Page 2
3. The entire site, except those areas underlying buildings, shall be granted
as a public utilities easement, to the approval of the City Engineer and
utility companies.
4. Subdivider shall construct la city standard handicap ramp at the corner of
Beach and Pismo Streets to the approval of the Public Services Director.
5. Subdivider shall construct a new 8 —inch water line in Beach Street from.
Pacific to Pismo Street and install city standard fire hydrant at the north
corner of Pismo and Beach Streets.
6. Conditions, covenants and restrictions (CC &R's) shall be approved by the
City Attorney and Community Development Director, prior to the final map
approval. CC &R's shall contain the following provisions:
A. Creation of a homeowner's association to enforce the CC &R's and provide
for professional, perpetual maintenance of all common. areas including
driveways, parking, landscaping, private utilities, and building
exteriors in first class condition.
B. Grant to the City of San Luis Obispo the right to maintain common area
and building exteriors. If the homeowner's association fails to
perform, the city may assess-the homeowner's association for expenses
incurred.
C. No parking on the site except in approved, designed spaces.
D. Grant to the City of San Luis Obispo the right to tow away vehicles on
a complaint basis, which are parked in unuthorized places.
E. No unscreened storage and no outside storage of boats, campers,
motorhomes, trailers or inoperable vehicles.
F. No change in city required provisions of CC &R's without prior City
Council approval.
7. Subdivider shall number all units consistent with city approved addressing
plan, per attachment 1.
8. Subdivider shall comply with all requirements of Architectural Review
Commission approval No. 80 -77, prior to city acceptance of the subdivision.
All conditions of this approval shall become subdivision improvements.
On motion of Councilman Dunin seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Bond and Mayor Billig
NOES: None
ABSENT: None
Resolution No.4512(1981 Series)
Tract 979
Page 3
the foregoing resolution was passed and adopted this 2nd day of June . $
1981.
ATTEST:
vr4a
Acting ity Clerk Pame a,Voges
APPROVED:
City Adminis ative Officer
City Attorney
Community De elopm t irector
1V /C TOR/ANA
ADDRESSING PZ-AN
V
ATTAa%;'
el Min ffm
n VI
r
Ia
535
-
. N
N
53/
529
--
51-
535 53% 529.
5Z5 52/ 51.9
Si5
V
ATTAa%;'
el Min ffm
n VI
r
Ia
RESOLUTION N0. 4511 (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 978
LOCATED AT 555 CHORRO STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1: Findings. That this council, after consideration of the
tentative map of Tract 978 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 and specific plans.
2. The design and improvements of the proposed subdivision are consistent with
the general plan and specific plan.
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the proposed density of development.
5. The design of the proposed 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 type of improvements is not likely to cause public health problems.
7. The design of the subdivision or type of improvements will not conflict with
easements for access through or use of property within the proposed
subdivision.
8. The subdivision is granted a negative declaration on environmental impact.
SECTION 2: Conditions. That the approval of the tentative map for Tract
978 be subject to the following conditions:
1. Each unit shall be provided with individual water services with meters located
at Chorro Street frontage to approval of the Public Services Department.
2. Sewer service shall be privately owned and maintained.
3. The entire lot, except those portions underlying the buildings, and granted
as a creek easement, shall be granted as a public utilities easement, to the
approval of the City Engineer and utility companies.
4. Subdivider shall grant to the city an easement for Stenner Creek for maintenance
of said creek in its present state, and for possible future improvements, to
the satisfaction of the City Engineer.
R 4511
C
Resolution No. 4511 (1981 Series)
Tract 978
Page 2
J;
5. A note shall be placed on the final map stating that the property is subject
to flooding in a 100 -year design storm.
6. CC &R's for the tract shall contain the following provision:
A. Property owner's association, maintenance responsibility for on -site
private water and sewer lines.
B. All the parking spaces provided in the project shall be available for
all of the individual owners.
7. Subdivider shall comply with all requirements of Architectural Review Commission
approval 78 -50 prior to city acceptance of the subdivision. All conditions
of these approvals =shall become subdivision improvements.
8. Subdivider shall number all units in the tract consistent with city approved
addressing plan (attachment 1).
9. That area shown as "not a part" shall be shown as lot 2 of the tract and a
note shall be placed on the final map stating that lot 2 may be developed only
if combined with other properties in the same zoningi_district.
On motion of Councilman Dunin , seconded by Councilman Settle, - ,
and on the following roll call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Bond and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution was passed this 2nd day of June ,1981.
Mayor elanie C. Billig
ATTEST:
. 4�L4
Actin City Clerk Pa a Voges
C
Resolution No. 4511 (1981 Series)
Tract 978
Page 3
APPROVED:
Administ ive Off icer
City Attorney v
4AgaM4 smosw�
Community De i lopment 0 rector
\ W
1
CIyQRII� 0 ST
�l
V
RESOLUTION NOi+51O (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR
TRACT NO. 952 LOCATED AT 1449 AND 1485 AUTO PARK WAY
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That this Council, after consideration of the tentative map of
Tract No. 952 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 and specific' plan
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the proposed density of development.
5. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and. avoidably
injure fish or wildlife or their habitat.
6. The design of the subdivision or the type of improvements are not likely to
cause public health problems.
7. The design of the subdivision or the type of improvements will not conflict
with easements for access through or use of property within the proposed
subdivision.
8. The project was granted a negative declaration of environmental impact.
SECTION 2. That the approval of the tentative mat) for Tract No. 952 be
subject to the following conditions:
1. Subdivider shall provide public utilities easements to the satisfaction of
all public utility agencies and the City Engineer.
2. Existing public utilities easements within tract boundary shall be removed
to the satisfaction of all public utility agencies prior to recordation of
final map or issuance of building permits.
3. Subdivider shall grant to the city two 12 -foot access easements to Prefumo
Creek with 12 -foot gates and a general easement across the parking lot to
the approval of the Public Services Department.
R 4510
Resolution No. 4510 (1981 Series)
Tract No. 952
Page 2
4. Adjustments of units R -V (Building D) shall be reflected on the final map to
allow access to the approval of the Public Services Director. Easements
shall be paved to the approval of the Public Services Director.
5. Subdivider shall provide on -site fire hydrant to the satisfaction of the
Fire Department.
6. On -site private water line shall be sized to the approval of the city
utilities engineer to provide required amount of fire flow for on -site
hydrant as determined by the Fire Department.
7. Subdivider shall install traffic directional signs at driveways (right -turn
exits only) to the satisfaction of the City Engineer.
8. CC &R's for the tract shall contain the following provisions:
A. Property owner's association maintenance responsibility for on -site
private water and sewer lines.
B. All the parking spaces provided in the project shall be available for
all of the individual owners.
On motion of Councilman Dunin , seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Bond and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 2nd day of June ,
1981.
ATTEST:
Acti City Cle k P 0 e oges
Resolution No.4510(1981 Series)
Tract No. 952
Page 3
APPROVED:
City Administrative Officer
F
City Attorney
Community Development Qector
RESOLUTION NO. 4509 (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO CONFIRMING COSTS OF
SWI KING POOL ABATEMENT PURSUANT TO THE
MUNICIPAL CODE.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1. That pursuant to public hearings duly held, the Council hereby
determines that there are no objections or protests to the costs of abatement
submitted by the Building Official and hereby confirms said costs as sub-
mitted and as set forth hereafter.
2. That the hereinafter listed abatement costs shall be turned over to
the County Tax Collector to be placed as a lien against the property and
collected with the City taxes, and subject to the same penalties and costs
if not paid on the first installment. The property owners, addresses and
abatement costs are shown on Exhibit "A ".
3. That at the request of the property owners, the Council hereby
determines that the assessments set forth may be paid in three (3) annual
installments, including interest at the rate of six (67.) percent per annum
on the unpaid balance; said interest to run from the first day of the month
following passage of this Resolution to the time payment is made in full of
the principal amount, provided that failure to pay any installment and
interest when due shall make the remaining principal balance and interest
payable in full and subject to additional penalties and interest as provided
for City taxes and subject to the same procedure for foreclosure and sale.
84509
Resolution No. 4509 (1981 Series)
On motion of Councilman Bond , seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Bond, Settle, Dunin, Dovey and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day of June ,
1981.
APPROVED:
r__, zwzls-'ewelzlxo� ,
Cit min str ive Officer
City Attorney
F WM 0 F25
J ® Co• -crete
LIC. NO. 288964
Rt. 3, Box M.,
Invoice .785
Son Luis Obispo, Calif. 93401
543-8059
Date -- - -----------
*2
Job Name Name
'.S
Location Address -Lf ------- --------------
City cia;,, -re". Citv, 4 -i--1
Daywork
Job #
EXTRA WORK-
Phone --------------------
Starting Date
Completion Date
ej 451
Hours
Description
Per/Hr
Total
A
)a 3> V Z
NN
Y-
JK
Total amount due for above work.
Billing to be mailed after completion.
Work ordered by Payment received by Check # Order taken by
Mru I ff 25
MI`
ACTING
M SA
RESOLUTION NO. 4508 (1981 Series)
L
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND iARNETT & BROADBENT, INC. TO CONVEY TO
CITY A DRAINAGE EASEMENT ALONG THE NORTHEASTERLY
BOUNDARY OF A PARCEL LOCATED AT 1380 BROAD 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,
Arnett & Broadbent,.Inc.
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: Arnett & Broadbent, Inc.
City Finance Director, Director of Public Services
On motion of Councilman Settle seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Bond and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day of June 1981.
City At ey
Finaiftcle 1):Vrector
Director of Public Services
R4508
J.
AGREEMENT
This AGREEMENT made and entered into this zday of /%
/ '� --- ��. 1981 ,
,J
by and between ARNETT £, BROADBENT 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 agree as follows:
1. Grantor will convey to the City, a drainage easement along the north-
easterly boundary of a parcel located at 1380 Broad Street. Said easement is
more specifically shown and described on Exhibit "A" attached.
2. City agrees to grant a permanent access easement from Grantor's property
to Parking Lot 5 by means of gates, steps, and a 4 ft. walkway, access to be lo-
cated by the City to the approval of Arnett $ Broadbent Inc.
3. City agrees to restore Grantor's parking lot to first class condition
upon completion of the drainage installation work. City plans call for a 3/4
asphaltic blanket, a seal coat, restriping and replacement of wheelstops.
4. City agrees that Grantor's name will be placed first on the waiting
list for spaces available in Parking Lot 5.. Grantor shall then have the right
to rent 3 parking spaces in Parking Lot 5 at one -half the ongoing rent per
space for as long as Parking Lot 5 remains a parking lot..
5. City-agrees that installation of the proposed storm drain will be done
in a timely fashion so as to disrupt the Grantor's parking lot as little as
practical.
a) For each day in excess of 14 calendar days from date work commences
to final completion of job, Grantor shall be paid a penalty of
$300 per day.
b) In the event that this storm drain (after installation) is defec-
tive and causes damage to grantor's parking lot, then the City
agrees to promptly repair the lot at the City's expense.
6. City agrees to provide Grantor 8 parking permits allowing him free
parking in any of the City parking lots during the entire construction period
IN WITNESS whereof, the parties hereto have executed this agreement on
the"day and year first above written.
,`>'' WtT
-2-
Deed of Easement Agreement 5/19/81
RE: Arnett & Broadbent, Inc. and
City of San Luis Obispo
CITY OF SAN LUIS OBISPO
DAVID F. ROMERO, DIRECTOR
PUBLIC SERVICES DEPARTMENT
ARNETT & BROADBENT, INC.
r
By
JAMES P. FILBIN
Its: Assistant Secretary
By
WILLIAM R. BROADBENT
Its: President
q
Q
CC
m
i
F'AC/FIC
PI SM 0
w
Q
Q
i
7
ARNETT AND BROADBENT INC.
TO
CITY OF SAN- LUIS OBISPO
FOR
DRAINAGE EASEMENT
RECCRDINC REOUESTED BY:
CITY OF SAN LUIS OBISPO. ~'
WHEN RECORDED PLEASE RETURN TO:
CITY CLLR X S OfZ%'ICZ
City of San Luis Obispo
P.O. Box 321
San L-�iis Obispo, CA 93401
DEED OF EASEMENT
l�
ARNETT & BROADBENT INC., as Grantor, hereby grants to the City of
San Luis Obispo, a municipal corporation, as Grantee, the following,
easement in the City of San Luis Obispo, State of California, to wit:
An easement to construct., maintain, repair, replace, enlarge, and
remove a public storm drain and appurtenances in and across that
portion of Lots 5 and 6, Block 88, in the City of San Luis Obispo
according to the map recorded May 1, 1876, in Book A, Page 145,
of Maps in the Office of the County Recorder, described as follows:
Beginning at most easterly corner of Lot 6, thence north 36° 53'
west along the line cbmion to Lots 5, 6, and 7 a distance of 84.03
feet to the tract.boundary of Mission Vineyard Tract, thence south
55° 471 west a distance of 10.01 feet to a point, thence south
360 53' east a distance 84.50 feet to the northerly property line
of Pismo _Street, thence north 530 07' east a distance of 10.00 feet
to the point of beginning.
IN.IVITNESS WHEREOF, Grantor has hereunto caused their name to be
subscribed this 19th. day .of May. 1981....
ARNETT & BROADBENT INC.
By:
James P.Filbin
-- ----- _- -.___. Its: Assistant Secretary
STATE OF CALIFORNIA - -- -
COUNTY OF San Luis Obispo s,.
E on May 19, 1981
o said state, personal) - before me, the undersigned e Notary Y appeared Wi 11 iam R. Broadbent °fBfY Public to and for
C known to me to be the _
��President,
m
known to me to be the.. SSl$tont and�_James P Filbin
E -
s-
and knO4V^ to me to be the poisons who execut Secretary
ed the within
corporation that executed the within instrument
LL ,
instrument on behalf of the oh
cor I
p. knowled potation therein ,named, and ac.
god to me that such
`o corporation executed
a instrument pursuant to its by-laws the within
Vdirectors. Y s or a resolution of its board of
Y SUSAN FOX !
p WITNESS MY hand and official. seal. •'i NOTARY PUBUC
°R, -•, SAN LUIS OBISPO COUNTY
E ) CALIFORNIA
Signature -! ;.,( t �. My Comrtdssion E:xpir@g March 20, 1984
i
SUSAN FOX
Name (Typed or Printed)
(This a" for ofrmial notarial
i
C E R T I F I C A T E O F A C C E P T A N C E
THIS IS TO CERTIFY that the interest in real property conveyed by
the DEED OF EASEMENT
dated May 19 1981, from ARNETT & BROADBENT INC
as Grantor
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby
a
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 2, 1981
ATTEST:
C A / /J- I
Pamel Voges, Acting ity Clerk
E
CITY OF SAN LUIS OBISPO
RESOLUTION NO. 4507 (1981 Series)
A RESOLUTION OF,THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
CUESTA VALLEY, PROPERTIES - .BISHOP STREET WATER LINE
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION.. I. That certain agreement, attached hereto marked "Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Cuesta Valley,Properties 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: John French, the Dfrector of
Public Services, the Utilities Engineer /Superintendent, the City Engineer, the
Finance Director, and the Fire Chief.
On motion Of Councilman Settle , seconded by .Councilman Dunin e
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Bond and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day of June.
1981.
R MELANI C.. ILLIG
ATTEST:
ACTING C T Y C RK PAMtIA VOG
R4507 -
APPROVED:
wa�
City Ad nistrative Officer
/V1.1of
City Attorney
Director of Public Services
Utilities Engineer Superintendent
Dirdptor o Fin ce
i 1
J
EXHIBIT "A"
AGREEMENT AFFECTING REAL PROPERTY
THIS AGREEMENT, dated June 2, , 1981, for the convenience of
the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter called "City ", and CUESTA VALLEY PROPERTIES, the fee
owners and developers of the real property depicted as TRACT 758 in EXHIBIT "B"
attached hereto, hereinafter 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 design and 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. 4293, adopted on October 28, 1980, which resolution is made a
part of this agreement as though specifically set forth herein:.
a. Construction of approximately 1200 feet of 12 inch diameter water
line in Bishop Street from Augusta Street easterly to Johnson Street, and
thence, continuing in the proposed extension of Bishop Street to the Bishop
Street Booster Pump Station; also the construction of.approximately 55 feet of
6 inch diameter line in Augusta Street from Bishop Street southerly to existing
6" line.
b. Installation of one fire hydrant, with connecting lateral, and
related facilities.
c. This project including inspection, engineering, and
administration thereof is to be partially financed by the City under provisions
of Resolution No. 4293, otherwise known as the 125,000 Quarterly Funding.
Program ", to the extent that said funds are available from the first Quarter of
the 1980 -81 program.
d. The total estimated cost of this project including engineering,
inspection and administration is $60,080 of which the City's agreed
contribution is to be $25,000; the Developer agrees to pay the balance.
($35,080 estimated)
2. Said water system improvements have been determined necessary to
provide adequate dependable fire protection for development of Tract 758.
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 same 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
$6,008 which represents 10% of the estimated total cost for the project..
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
balance of his share of the actual engineering, administration and contract
cost of the .project as described in Section 1, paragraph d above and as
adjusted to conform with the unit prices of the lowest acceptable bid. It is
understood that if said balance is not paid to the City within thirty (30) days
after notification of the determination of the cost of said work, no
improvements will be made and the deposit will be forfeited and retained by the
City.
c. The cost of all change orders or other unanticipated expenses
occurring during the course of the project shall be paid by the developer
within 15 days after notification thereof by the City; changes resulting in
cost decreases shall be credited to the developer.
5. For planning purposes, the City estimates that the water system
improvement will be completed within six (6) weeks after the contract is
awarded, and 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 'him 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 needed
water system improvements, unless written permission to do so is obtained from
the Fire • Chief.,
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
parti es .
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed.
CITY OF SAN LUIS OBISPO
-V Oct
M Y�10LANIE C. BIL IG .
ATTEST:
':'ACTING , Y C RK PAMELA VOGFt
DEVELOPER:
VALLEY JPROPERTIES
APPROVED:
City Administrative Officer
City Attorney
Public Services Director
Utilities Engineer Superintendent
FinAnte rector
`Cx_H_l air- e
o/
vJ.
J
� IO
31
8" 6•
BISHOP STREET
WATER L IN E
5 � ,
r•
LANE
I
I
.r
r1,
I r
1.
J4TY NCSDITAL n
F
5'. X L IN 1 \ i P�SOft�56/� /.Z
in ' en I :
�
u d 16 _JQ;; 5C�1 �O a 4, i 10 H N
�� / . °° - �r
ix I
'1 �
m o SiE;ZAA
.n
w
4 4
.
16° p 5ti WvptyEof�u
FF
�'� � F • "s- '� Lam' /BUG uS 7
5"
wit. Ll, 4
ST
,
i � J
CO 1 �
W j 1 T� w
..L �7
' 'o 1 ! V
' O 1 Q II
i IL' J I m o
HENRY, ST. T,`-RR A CC k 7,q /V/,- \
,
m
I
c
4
� v Lot.'
RESOLUTION NO. 4506 (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO EXPRESSING ITS SUPPORT OF EFFORTS
BY THE FEDERAL ADMINISTRATION TO RETURN POWERS
TO LOCAL ENTITIES AND URGING A CAREFUL
IMPLEMENTATION OF THOSE EFFORTS IN WAYS THAT
WILL ENHANCE, NOT. FURTHER IMPEDE, HOME RULE
WHEREAS, the current administration has pledged itself to reducing the costs
of the federal government while, at the same time, returning to local entities many
of the powers that have gradually been assumed in Washington over a period of many
years as a part of extensive federal funding activities; and
WHEREAS, cities throughout the nation and most certainly the City of San
Luis Obispo have, in many past instances, utilized federal funds well and efficiently
to implement policies and programs of vital concern and assistance to the people of
those cities; and
WHEREAS, these federal funds have been best utilized and most helpful when they
were-uncoristrained by conditions and regulations unrelated to the objectives and
realities of the local community utilizing the funds; and
WHEREAS, the current federal administration has indicated that a part of its
fiscal and regulatory reform effort will be to deemphasize so- called categorical
'(cang-rained) aid programs while, at the same time, enhancing block grant (uncon-
strained)programs
WHEREAS, the Board of Directors of the National League of Cities has adopted
a policy statement regarding President,Reagan's economic recovery program and, as a
part of that statement, has indicated its strong support for fundamental reform and
'relief from the burdens of federal regulatory activities and a modification of those
activities to eliminate unnecessary regulations affecting local governments and a
development of a comprehensive federal policy on mandated costs on local governments;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That the City Council lauds the expressed goal of the administration
R4506
a
Resolution No. 4506 (1981 Series)
to return to local governments many of the powers that have gradually been eroded
away over the past decade as a part of extensive federal funding activities.
SECTION 2. That, in implementing these expressed goals, the City Council
urges the administration and Congress to exercise diligence in assuring that the
legitimate and acceptable relationships between the federal, state and local govern-
ments be observed. In this regard, the City urges a rejection of any system that
would require the passing or funnelling of federal funds for essentially local purposes
through state government.
SECTION 3. That while it may be perfectly appropriate for certain funds to be
paid directly to the state (e.g., those relating to state supported health or welfare
or educational activities), state administration of federal funds for city programs
might, in the end, result in even worse administrative bottlenecks and counter productive
regulatory constraints than exist today. Thus, federal funds for city programs should
pass directly to cities and should not be funnelled or passed through the state.
SECTION 4. That as federal policies are adopted and implemented to stimulate
healthy economic growth and improve productivity, reduce inflation through tax and
spending reductions, restrain the growth of federal spending and reduce the burden on
the public and private sector, the City should once again emerge as that unit of general
purpose government closest to the people and most capable of defining and implementing
goals and objectives that truly reflect the concerns and beliefs of those people
in a way that can restore an popular confidence in the ability of government to be
responsive to the people who support it.
SECTION 5. That the City Clerk is hereby directed to forward copies of this
resolution to President Ronald Reagan, Vice President George Bush, United States
Senators Alan Cranston and S. I. Hayakawa, Congressman Leon Panetta and such other
persons as may be appropriate.
J
Resolution No. 4506 (1981 Series)
On motion of Councilman Settle , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Bond and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this Ind day of June 1981.
We0** **IM
PAM VOGES ACTING CITY "CLEEK
OF
APPROVED:
/0"
City Administrative Officer
City Attorney
N
.0 DO
C3 8 coo
�m
moo
CO om 6o
4 o�0
n—
t "iU co
�
o cc:) o
O0N C3�
mU
.arc) C~
Umo
J
1 RESOLUTION NO. C- 23159
2
3 A RESOLUTION OF THE CITY COUNCIL OF
4 THE CITY OF LONG BEACH EXPRESSING ITS
J
5 SUPPORT OF EFFORTS BY THE FEDERAL
6 ADMINISTRATION TO RETURN POWERS TO LOCAL
j
7 ENTITIES AND URGING .A CAREFUL IMPLEMENTATION
8 OF THOSE EFFORTS IN WAYS THAT.WILL ENHANCE,
9 NOT FURTHER IMPEDE, HOME RULE.
10
11 WHEREAS,. the current administration has pledged itself
12 to reducing the costs of the federal government while, at the
13 same time, returning to local entities many of the powers that
14 have gradually been assumed in Washington over a period of many
15 years as a part of extensive federal funding activities; and
16 WHEREAS, cities throughout the nation and most certainly
17 the City of Long Beach have, in many past instances, utilized
18 federal funds well and efficiently to implement policies and pro -
19 grams of vital concern and assistance to the people of those
20 cities; and
21 WHEREAS, these federal funds have been best utilized
22 and nost helpful when they were unconstrained by conditions and
�3 regulations unrelated to the objectives and realities of the
24 local•community utilizing the funds; and
25 1.1HEREAS, the current federal administration has
26 indicated that a part of its fiscal and regulatory reform effort
27 will be to deemphasize so- called categorical (constrained) aid .
28 programs while, at the same time, enhancing block grant (uncon-
1
C/ 2. f/
M h 7-
I strained) programs;
2 WHEREAS, the Board of Directors of the National League
3 of Cities has adopted a policy statement regarding President
4 Reagan's economic recovery program and, as a part of that state
-
5 ment, has indicated its strong support for fundamental reform
6 and relief from the burdens of federal regulatory activities and
7 a modification of those activities to eliminate unnecessary regu-
8 lations affecting.local governments and a development of a com--
9 prehensive federal policy on mandated costs on local governments;
10
NOW, THEREFORE, the City Council of the City of Long
10c, 11
to Beach resolves as follows:
iyo 12
moCO
mE6 Section 1. That the City Council lauds the expressed
0
a,� � 13
.Z:,00 C: goal of the administration to return to local governments many
E- 14
al 2.o of the powers that have gradually been eroded away over the past
m� 15
UMW decade as a part of extensive federal funding activities.
1.6
Sec. 2. That, in implementing these expressed goals,
17
the City Council urges the administration and Congress to exer-
cise diligence in assuring that the legitimate and acceptable
I9
relationships between the federal, state and.local governments
20
be observed. In this regard, the City urges a. rejection of any
21
system that would require the passing or funnelling of federal
22
funds for essentially local purposes through state government.
23
Sec. 3. That while it may be perfectly appropriate
24
for certain funds to be paid directly to the state (e.g.,
25
26 those relating to state supported health or welfare or educa-
27 tional activities), state administration of federal funds for
28 city programs might, in the end, result in even worse adminis-
2 —�
7
8
9
10
trative bottlenecks and counter productive regulatory constraints
than exist today. Thus, federal funds for city programs should
pass directly to cities and should not be funnelled or passed.
through the state.
Sec. 4. That as federal policies are adopted and
implemented.to stimulate healthy economic growth and improve pro-
ductivity, reduce inflation through tax and spending reductions,
restrain the growth of federal spending and reduce the burden on
the public and private sector, the City should once again emerge
as that unit of general purpose government closest to the people
and most capable of defining and implementing goals and objec-
tives that truly reflect the concerns and beliefs of those people
yin a way that can restore a popular confidence in the ability of
government to be responsive to the people who support it.
Sec. 5. That the City Clerk is hereby directed to
forward copies of this resolution to President Ronald Reagan.,
Vice.President George Bush, United States Senators Alan Cranston
land S. I. Hayakawa, and Congressmen Glenn Anderson and Dan
Lundgren, Robert Carlson of the White House Staff and such other
1persons as may be appropriate.
I certify that the foregoing resolution was adopted by
Ithe City Council of the City of Long Beach at its meeting of
21
2111 Ayes:.
26
Noes:
1981, by the following vote:
CouncilmemberscWilder, Hall, Clark, Kell, Wilson, Tuttle,
Rubles, Sato.
Councilmembers:Edgerton.
cia-6
1.1
aoo
d >M,
rMR
12
o
Y O OD.5co
i6 pm E6
°p'
13
C 5,60 c
1
14
C0�
rn
15
UC o
J
16
17
1s
19
20
21
22
trative bottlenecks and counter productive regulatory constraints
than exist today. Thus, federal funds for city programs should
pass directly to cities and should not be funnelled or passed.
through the state.
Sec. 4. That as federal policies are adopted and
implemented.to stimulate healthy economic growth and improve pro-
ductivity, reduce inflation through tax and spending reductions,
restrain the growth of federal spending and reduce the burden on
the public and private sector, the City should once again emerge
as that unit of general purpose government closest to the people
and most capable of defining and implementing goals and objec-
tives that truly reflect the concerns and beliefs of those people
yin a way that can restore a popular confidence in the ability of
government to be responsive to the people who support it.
Sec. 5. That the City Clerk is hereby directed to
forward copies of this resolution to President Ronald Reagan.,
Vice.President George Bush, United States Senators Alan Cranston
land S. I. Hayakawa, and Congressmen Glenn Anderson and Dan
Lundgren, Robert Carlson of the White House Staff and such other
1persons as may be appropriate.
I certify that the foregoing resolution was adopted by
Ithe City Council of the City of Long Beach at its meeting of
21
2111 Ayes:.
26
Noes:
1981, by the following vote:
CouncilmemberscWilder, Hall, Clark, Kell, Wilson, Tuttle,
Rubles, Sato.
Councilmembers:Edgerton.
cia-6
1
2
3
4
5
6
7
8
9
10
ohm 11
`rn5otoc8 o 12
Cuom -o
r °n 13
C'^OU c
0 zi mO t o 14
�md
Q3m� 15
Uoo
16
17
18
19
20
21
22
23
24
25
26
27
28
Absent: Councilmembers:None.
(SEAL)
Y,.
SHEEBA POVUL
City Clerk
CWB FIED AS A i RUE.An9 fM7.- [. COQ?
[Sry CLERK OF rre cry Y OF LONG EFACH
BY
OAT& a� -3-}.'i"---•-------
WHK :11
3/31/81 / 9�7
20 4
,P
lI�
�•
OFFICE OF THE CITY COUNCIL DR. THOMAS J. CLARK
( I
ia'
COUNCILMAN. FOURTH DISTRICT
CIVIC CENTER PLAZA
\�
333 WEST OCEAN BOULEVARD
LONG BEACH, CALIFORNIA 90802 213/590 -6139
? 7.::..Z
Council Mtg. ..: ......... .......
Action:-- ...:................
�arch� 1981`
/24,
rt!sr�
Dear Colleagues:
Refer: ....... -.,
I recently
attended the annual NLC Congressional City Con. Eer -4.
ence with Mayor
Sato and Councilman Wilson and would like to report
on the policy developed
by the NLC Board of Directors of which I
sere as a member
and bring to your attention some items of inter-
est presented by
speakers at the conference.
Enclosed you will find the policy statement adopted by the
Board on March 1. I feel it generally is a reasonable approach to
the new policies of the Reagan Administration. It accepts the basic
premise that there will be cuts in the new budget. There are con-
cerns that these cuts be well thought out and accomplished over a
reasonable period of time so that the necessary local budgetary
changes can be made. Also that when responsibility for services is
transferred to local government that the necessary fiscal resources
be also provided. It was also felt that all levels of government
accept their fair share of budgetary reductions. The Board will. be
reviewing the policy in the light of ongoing developments at the
end 'of May.
President Regan spoke to the Conference and basically repeated
the philosophy of his Administration. He did indicate-that UDAG
would be retained within the parameters of the CDBG structure. As
you would expect, this was well received by the audience.
The. Chairman of the Council of Economic Advisors to the Admin-
istration, Murray weidenbaum, spoke to the Conference and first
outlined the overall plan of the Administration.
It is a four prong approach:
1. Reduction of Federal spending.
2. Reduction of tax rates.
3. Reduction of federal regulations.
4. Use of monetary policy to reduce inflation and
lower unemployment.
i.
NLC Conference Report
Page Two
He also stated the Administration's criteria for budget
reductions.
These were:
1. Preserve social "safety net" for truly needy.
2. Change entitlements to eliminate multiple benefits.
3. Reduce subsidies to upper and middle income people.
4. Improve fiscal restrictions on other major programs.
5. Recover costs from users of Federal services where
possible.
6. Stretch out long term capitol expenditures.
7. Reduce overhead of government.
S. Cut down subsidy programs.
9. Consolidate categorical grants into block grants.
Another speaker of special interest was Bob Carlson, as he is
the key figure in the Administration's Government Reorganization
Task Force. He is from Long Beach (his father was.a councilman),and
is a former City Manager (Pico Rivera), as well as Reagan's Califor-
nia Welfare Chief and an HEW's welfare consultant. Of chief inter-
est was the Administration's strong interest in channeling aid to
cities through State governments. Obviously this would bring about
a drastic change in the present Federal -City relationship.
In conclusion, there appears to be no question that federal
monies to cities and city operation of social programs will be re-
duced. It is hoped that the Administration will attempt to work
closely with the NLC and U.S. Conference of Mayors. President Rea -
gan's willingness to speak to the Conference and Vice President
Bush's invitation to the NLC Board to meet With him give hope that
this will be accomplished.
Of major concern to me and others is the possibility that the
Administration.will change the present federal -city relationship
and interject the State into areas that are of primarily local con-
cern. I would recommend that a resolution that would express our
concerns about the change in the present relationship be prepared
by the City Attorney and be sent to our elected federal officials
and pertinent other officials asking them to address this potential
problem.
TOM CLARK
COUNCILMAN, FOURTH DISTRICT
O.
C�� y
STATEMENT OF POLICY
ADCP'7-1=-D BY THE BOARD OF DIAECTORS-OF
THEM NATIONAL, LEAGUE OF CITIZS
WITH REGARD TO
PRESIDENT RZAGW'S ECONOMIC RECOV-MRY PR-OC-R-t-%t-
1981 CONGIRS I SSIONAL—CITY CONFERENCE
WASH D . c
FEBRUARY 28, 1981
1 4w
Naflonal
1301 Po-nnsytvar.ia Avenue NW
Officers:
Lzague
',Vasr.ir!gTn. O.C.
JJ
20004
of
Ctea
(20Z 625•Z-OCO
In nn ++selw
Cate: NLCMES
V�. Si :ors V:Tlo1w
STATEMENT OF POLICY
ADCP'7-1=-D BY THE BOARD OF DIAECTORS-OF
THEM NATIONAL, LEAGUE OF CITIZS
WITH REGARD TO
PRESIDENT RZAGW'S ECONOMIC RECOV-MRY PR-OC-R-t-%t-
1981 CONGIRS I SSIONAL—CITY CONFERENCE
WASH D . c
FEBRUARY 28, 1981
1 4w
President Ronald Reagan has proposed a broad set of policies
to achieve national economic recovery: policies designed to
stimulate healthy economic growth and improve productivity,
reduce inflation through tax and spending reductions, restrain
the growth of federal spending, and reduce the regulatory burden
an the public and private sectors.
The Natic.al League of-Cities applauds the President's.
laadership and initiative in.addressing our principal national
priority, a scund; ar.d viable economy..= Clearly a bold ind profound
set of policies is needed at this tire. We note that the combi-
nation of eccnc:.lic strategies proposed by the President represent-
4 is
a departure from.previous federal economic policy; but the per-
sistence of double digit inflation, record high interest rates,
hick levels of unemployment, and declining rates of productivity
recuires new approaches. While some of the President's premises
represent new and untested areas of policy, NLC feels that the
underlying conditions warrant the charting of a new course.
To this end, we pledge our support and cooperation to the
President.
The National League of i Cities can speak rwith confidence
on several aspects of the President's proposed policies. Our
membership supports, as a general principle, both personal and '
busi ess tax reductions, restraints 'an the grow:: of Federal
spending, and _eduction of e regulatory �z i es.
Cory burde o-� n cit
C / ;X� . it
2
The National League of Cities strongly endorses two of
the major objectives of the Reagan Administration: first, to
restore the productivity and competitiveness of the American
economy; and second, to bring greater clarity and responsibility
to the federal system.
There are several aspects of each of the economic components
where we may differ or offer constructive guidance to improve
the President's proposals. As a general rule, NLC supports,
and we hone the President and his advisors do as .well, the
following conce:. ts.
(l) Where the role of gover-_nments, especially that of the
national cove_nm°_nt, is fundamentally altered, the impact
upon State and City COVer^ °_n-S will also be fLi-idamentally
altered. I` the Federal Government withdraws from a
particular function or fundamentally changes its relation-
ship to the fulfillment of that function, it is unlit {e?y
that city.government will be able to. °ill the gap.- The
facts of life-in' local finance, with a majority of states
having tax and expenditure limits and mazv cities without
authority or ca_ ac=tV to respond, mean that some functions
will be terminated; and in of -her . instances the level
of services to citizens will be reduced.
(2) If dilts in programs to achieve overall Midge= reSt_aint .
are r:eca ssa_r< , and : _ i . appe ate_ they a=a , these clats should
d
be apblied f-irly and equitably. NLC's l:ers
_ e_ti. _ � :z • p has
c�a -�Z
(3)
('_)
(j)
3
consistently supported this principle. however, a wide
range of variations in proposed program reductions causes
NZC concern. NLC stror_giv endorses the President's
comm1 -meat to avoid budget reductions that would adversely
affect low income people. People at or near the surv_val
level in our society cannot be expected to sacrifice in
the cause of balanced budgets.. NLC will continue to
scrutinize and speak out on the.Administration's proposals
to insure th =t this cosmit ent is honored tn_oughout �►e
budget prc . ess.
Local gove= ::rent officials should be involved in deter-
mining the relative worth and, effectiveness of any one
program of federal assistance. Their assessments should .
be given major weight when a choice betedeen decisions is
made.
;where programs are elimi-iat_d or signi_ica*itly altered,
adecuate. transition time to adjust to resulting cha:Zges
should be provided to cities. Most state -local legal-
and financial systems require balanced budgets, pro-
hibit or 1i ^it debt financing, and preclude adjusting
tax rates during a fiscal year. National policy should
recognize and accon.Todate these realities.
iffier°_ :�.a3or shIf is are intended in the pattern of
resaonsibilites among 'levels o• governments, a corre-
S^O.nding ?n the Tesources necessary to finance
Cla -l3
rM
a
and carry out these r_sp onsibi lites :,lust si:muitaneously
be made.
Consonant with these principles, NLC offers. the following
constructive suggestions to strengthen the President's economic
program.
TAX REDUCTIONS
The National League of Cities endorses substantial tax
re= sc=ions as proposed by the President; howeder, we believe
these cuts should be targeted to the maximum extent practicable
to stimulate sayings. and invest =ent and to discourage added
consume= demand that would contribute to inflation.
There is a need for both personal and business tax
reductions. Personal tax cuts are needed to offset higher
social security taxes (already in effect in 198101 with further
increases scheduled for 1982) and the impact of i.*i_lation
pushing citizens into higher tax brackets, and to stimulate
savings and investcaent. Without such reductio =s, ^.?g.ner taxes
wil -1 reduce urgently- needed real growth in the economy. The
precise timing and amount of reductiors. should depend on the
growth of the economy and accompanying efforts to reduce.
in _ lation.
Business 'tax reductions are also needed, to ± 1p spu=
c_nital inves% =ent. However, NLC `_ears that the n_ogra»t
042 � /
U
5
as drafted will encourage industrial Tight from central
cities. We are also concerned that the accelerated cost
recovery system proposed by the President lacks Lnio essential
elements: first; additional.incen aves to stimulate new
invest. -nent in existing urban areas; and second, incentives
to modernize the substantial commercial and industrial plant
in such areas. The result could be a continuation of past
policies, encol_raging the flight of capital and economic
act_vity from built -up urban centers to the fringes of metro -
politan areas, exacerbating the .tasteful process of suburban _
sprawl that weakens urban economies, wasting scarce energy
resources,. neglecting the Nation's old but still useful public
infrastructure, and raising the cost of providing needed public
services for the newly - built. facilities.
SPrNDING REDUCTIONS
The President's spending cut proposals would produce a
major shirt in Federal 'budget piotities in just three fiscal
years: between fiscal years 1981 and 1984, defense and certain
social entitlement programs (social security, veterans and
unemployment benefices, and cash benefits for dependent families,
elderly, and the disabled) would command. 73 percent of the
federaI budget; all other zrocr=s, excluding interest costs,
only 18 percent. In dollar terms, spending for these other
programs *mould be reduced °ron 51?3.2 to S142 billion.
0-� /C:L I--
6
NLC believes that this rapid change is too drastic for
many local ,governments. The current level of federal support
for local "services has been built up over several decades;
.it cannot be so quickly re versed without a dramatic reduction
in the 'public services that our citizens demand. Furthermore,
we would caution_ against such a drastic change in the level
of support to local governments before the overall benefits
of the Preside nt's economic. program -- higher economic growth,
reduced infla tion, and reduced mandates and regulatory bur-
dens- -are realized, thus strengthen## the ability of ;local
governments to assume additional burdens.
NLC recognizes that federal support is not warranted
for state and local programs in which the Federal Goverr^ent
does not have a dominant respoasibility. It is unreasonable
to expect the Federal Government to continue financial support
for programs which can be financed at the state and local
level. At the same time, withdrawal of federal support for
state and local responsibilities must be accompanied by
corresponding federal support for clearly national respon-
sibilities such as income maintenance and health care, and
b-., shared federal tax revenues, as promised by the President-
NLC believes that the TLe ni= i straticn -has missed a major
opportunity to propose major reorms in the indexing of
entitlement ?rograms. These programs wi11 cont_z:ue to crow
ran dlv and toge - - -her :wit: rising defense s:ending, Will
0/2. �14
7
over time sharply reduce funding for disc-retionary and block
grant programs. There is widespYead agreement- that the
growth of these programs can be moderated without inequitable
treatment of current and future beneficiaries. Such proposals
as :codifying the consumer price index and co-sbininc indexation
wit: discretionary control car. save billions of dollars and
reduce the :reed for the high levels of program, cuts proposed
b., the Administration. We urge the Congress to develop and
enact such proposals.
in addition; the Congress should carefully examine the
marry tax expenditures, costing billions o= dollars, that have
outlived their basic purposes,g_ving special attention to those
expen d' mares supporting u.-needed and wasteful act-,
vi ties. The.___
Administration has carefully scrutinized the spend_ng side of
the bucket to eliminate wasteful acti•lities; we believe tiat
equal attent-_on should be given to the tax expenditures which,
like direct spending, se.-<.e to increase federal deficits.
With respect to major urban prcgrams, NLC urges the
fallowing:
General Revenue Sharing - NLC applauds the President for
maintaining planned federal support for this program.
Conrnunity Cevelocment Block Grants - L'4AG -?DA - NLC believes
that the C]BG program has proved its effectiveness since its
enact=ent ir. 137?, financing a wide rangy of cow- u_ d-ty develop-
'U - I- aCt_ °i __s e ^e?itt'__ ^_Cj :C'd- aid imoda = ate -i c. -.-,e people
C/4X47
r •
8
and deteriorating neighborhoods. We do not believe, however,
that the program should be recui__d to finance UDAG, rehabili-
tation loans, and weatherization activities as well, as the
President proposes, without a reasonable funding increase.
If the President's proposalslare adopted, the overall level of
,.cacamnity and econcmmic development activities will be substan-
tially reduced.
NLC also believes that. the EDA program, which like UDAG
sti.- .relates private investment and creates and maintains emnlov-
meat in needy areas, should not be terminated. A modest cut
in funding, accompanied by a restructuring to concentrate its
resources on ccmur_ities with very high unemployment, should
be considered. it addition, we believe thhat ED3 assistance
should be preserved to provide economic development infra -
structure that will be needed in connection with the urban
enterpr-ise zones program, to be proposed later by the Admin-
is- ation.
Housing Assistance - NLC cmDcses the President's cut of
33,000 Section 8 and public rousing units; rental housing is
a critical problem in nearly every locality, with virtually
no unsubsidized units being built except under these HUD
programs. We supoort, however, the proposal for higher rear
contributions from subsidized housing tenants, '-L . limited
to
hic^.er income tenants; and the tem _ orary _edL'ctica in - .jublic
ousing modernization funds.
r.
CET-1 - NLC does not oppose termination of the .Title VI
cyclical public service emPloy:ae_^_t program. However, we do
not believe that the Title II -D structural PSi program should
be te_.minated at this time: this program serves :marginally
employable individuals who are highly unlikely to find unsub-
sidized emplovment at this time. This program should not be
phased out until the economic benefits of the President's
orcgram are being realized... We urge the Congress to preserve
the Title II -D program.
Mass-Transit - NLC opposes the President's proposal to
phase out the mass transit operating subsidy program. In
passing the wi -nd fall profits tax, Congress committed a sub-
s tar_tial .... portion of those tax revenues to mass transit to help
conserve energy by reducing reliance on the automobile; termi-
nating the operating subsidy program would reverse that commit -
ment. In addition, it should be noted that in rece_ ^.t years,
states and localities have been paying an increasing share of
operating costs relative to those of the Federal Government;
te=mina *ring the already low federal contribution would merely
shift the cost of this national priority to local governments
at a time when. -local resources are severely limited.
E101 Wast wat °_r Treatment-Grants - NLC supports reasonable
funding reductions in this prcgra:-m and the restric4 -4 on o?
grants to environ entally necessa_v projects. However, we
bel:.eve that two essential Program re forms szoula be adooc__:
C /L - /17
i Q
first, a fl;ndi ng mechanism should be developed to oermit
fast- moving states to fund their projects; and second, a
priority should be given to projects needed to comply with
federal standards or court orders.
Local Energy Block Grants - NLC strongly supports the
ccnceot of a local energy block grant program, funded by the
consolidation of existing federal energy state /local catego=
ice grant proc:�-;es (less reasonable reductions for consolida-
tion of adzinistrative costs). This .program should be a direct
=Eder al -to -local block grant prog_amr ;
REGULATORY RELIEF
NLC strongly supports the President's commitment to
provide regulatory relief. In the last ten years Federal
marcates on state and . local gove_:zxent have increased five
fold, from approximately two hundred to over 1,230. This
has changed local priorities and limited public policy outcomes,
significantly increased local taxes and the sha- -e == local
budgets devoted to carrying out mandates, and in many cases has
resulted is marginal public benefits. In a time of restraint
aid new directions, there should be fundamental reform and
relief from these burdens. The President's freeze on pending
regulations has already had a positive impact on local govern-
ments. NLC will wore. closely •pit-: vice President Bush, Chair-
Mar. o= the _ask Fore_ on Regu?ato�� aefo_ma, to Woci__ aad
'. e
r
� I i
11
eli-minate the numerous unnecessary regulations affecting
local g overnments, and to develop a comprehensive federal
policy on mandated costs on local governments.
i`?ONETA_RY POLICY
NLC is conce=ed with the President's assumption ta,at the
growth rates of money and credit will be steadily reduced by
the Federal :?ese=ve Board from 1980 levels to one -half those
levels by 1935. a tile when local governments will be
faC °d with Su^sZa_'Stidl cuts In federal Support and C�reZtei
need to borrow f-Unds, such a subs ta_nti_1 tightening of the
money sL'pply will make it extremely difficult -for local govern-
ments to do so at reasonable rates. If such 'a tightening is
to occur_, we urge _the Administration and the Congress to make
necessary improvements to the municipal cred- t markets by
permitting connercial ban's unden.riting of revenge bonds;
such action would reduce municipal borrowing costs by in-
troducinc needed competitiveness in the revenue bord.under-
writing process.
RESOLUTION NO. 4505 (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO SETTING A PUBLIC HEARING FOR
DETERMINING PUBLIC NECESSITY, HEALTH OR SAFETY
BY REMOVING OVERHEAD UTILITY WIRES.
BE IT RESOLVED by the Council of the City of San Luis Obispo:
1. That in accordance with Section 8400.2 of the San Luis Obispo
Municipal Code, it has been recommended by the City's Underground Utilities
Coordinating Committee, that further undergrounding be accomplished in
compliance with a previously established schedule; and
2. That Section 8400.2 of the San Luis Obispo Municipal Code requires
a public hearing be held to ascertain the public necessity, health or safety
be determined before an underground district be formed; and
3. That July 7, 1981, at 7:10 p. m., in the Council Chambers of the
City Hall, 990 Palm Street, San Luis Obispo, California, is the time and
place set for said public hearing on said matter; and
4. That all property owners in the proposed districts have been
notified by mail of said public hearing and notice thereof shall be
published once in the Telegram- Tribune, a newspaper of general circulation
in said City; the publication to be at least twenty days prior to said hearing.
On motion of Councilman Settle , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Bond and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 2nd day of June ,
1981.
Is �
ATTEST: OR MELANIE C. BILLIG
e 14
v
ACTT G CITY CLERK P LA VOGES
R4505
Resolution No. 4505
APPROVED:
Ci y Administrative Officer
ZiA-/L2:�K=
City Attorney
Tulil&ding Off icial
(1981 Series)
_J
RESOLUTION NO. 4504 (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO SUPPORTING S.B. 215 (FORAN)
TO PROVIDE FOR INCREASED TRANSPORTATION
FINANCING
WHEREAS the_gas'. tax has not increased since 1963, and
WHEREAS inflation has seriously eroded the purchasing power of
funds available for use on the city streets, and
WHEREAS street maintenance costs are escalating at a rate of.
approximately 18% per year, and
WHEREAS fuel consumption is occurring at reduced levels, thus
further eroding funds available for street work, and
WHEREAS current deficiencies in the San Luis Obispo street system
total more than 6 million dollars, and
WHEREAS despite its efforts the city is falling behind in the level
of current street maintenance, and
WHEREAS future needs to accommodate additional traffic on city
streets will require many more millions of dollars,
NOW, THEREFORE BE IT RESOLVED, that the City of San Luis Obispo
hereby supports SB 215 (Foran) which will provide much needed funds for
city streets, both by an increased gas tax and amore equitable distri=
bution of existing diesel fuel tax and state sales tax.
On the motion of Councilman_ Settle seconded by Councilman Dunn
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey,c.;Bond and Mayor Billig
NOES: None
ABSENT: None
C
R 4504
Resolution No. 4504 (1981 Series)
the foregoing Resolution was passed and adopted this_2,d_day of June
1981.
MAYOR 4ELANIE BIL IG
ATTEST:
4�zz. v _
ACTIN - CITY CLERK P A VOGES
APPROVED:
CITY I -IWkATtVr8VOFFICER
PUBLIC SERVICES DIR CTOR
1 -
RESOLUTION NO. 4503 (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND EARTHMETRICS, INC.
ACTING
APPROVED:
Ci ty tfm'
City
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
Earth Metrics Inc.
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: Earth Metrics Inc.,
859 Cowan Road, Burlingame, California 94010
On motion of Councilman Settle- seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Bond and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day of June 1981.
strative 0
.:.; R 4503 .
c
CONSULTANT SERVICES AGREEMENT
This agreement, dated as the date .affixed beside the signature of the City
below, is between the City of San Luis Obispo (CITY) and Earth Metrics, Inc..
(CONSULTANT), and independent contractor..
WHEREAS, the City of San Luis Obispo wants to carry out a parking program
in the Community's central Business District. The parking program involves the
construction of a parking garage., a surface parking lot, and the closure of two
existing parking lots; and_
WHEREAS, the Community Development Director has determined. that a focused
environmental impact report . -must, be: ;.pzepared.which spells out the environmental,
consequences of the city's parking program; and
WHEREAS, the City Council of San Luis Obispo has authorized the hiring of a
consultant to prepare the draft and final EIR for this project.; and
WHEREAS, the city finds consultant experienced and qualified to carry out
the work described in this agreement and pertinent attachment.
NOW, THEREFORE, in consideration of the conditions and terms contained
herein, the parties hereto agree as follows:
1. PROJECT COORDINATION
a. City. The Senior Planner, Advance Planning, shall be the,
representative of the City for all.purposes under this agreement. The
Senior Planner or his designated representative hereby is designated as the
Project Manager for the City. He shall supervise the progress and
execution of this agreement.
b. Consultant. Consultant shall assign a single Project-Manager to
have overall responsibility for the progress and execution of this
agreement for Consultant. Mr. Jeff Georgevich.hereby is designated as the
Project Manager for Consultant. Should circumstances or conditions
subsequent to the execution of this agreement require a substitute Project
Manager for any reason, the Project Manager designee shall be subject to
the prior written acceptance and approval of the Senior Planner. Msr Kay
A. Ransom is designated Principal -in- Charge for Consultant.
2. DUTIES OF CONSULTANT
a. Services to be _furnished. Consultant shall provide all specified
services as set forth in Exhibit "A" attached hereto and incorporated
herein by this reference., including without limitation the following
specific services:
(1) Preparation and submittal of five copies of rough draft EIR to
the Community Development Department for review by staff. The rough draft
report shall address all items described in Exhibit "A." (Scope of Work)-
(2) Preparation and submittal of "camera ready" copy of the draft
EIR in the format specified in Exhibit "A ". The city will be responsible'
for printing the draft and final EIR.
(3) Presentation of the Draft EIR at one community meeting.
(4) Preparation of written responses to all public agencies and
citizen comments received by.the'Community Development Department during-'
the public review period.
(5) Presentation of the final EIR to the City Council at one public
hearing.
b. Laws to be observed.. Consultant shall:
(1) Procure all permits and licenses,.pay all charge and fees, and
give all notices which may be necessary and incident to the due and. lawful.
prosecution of the services to be performed by Consultant under this
agreement (none are expected on this project);
(2) Keep itself fully informed of all existing and future federal,
state and local laws, ordinances; regulations, orders, and decrees which
may affect those engaged or employed under this agreement, any materials
used in Consultant's performance under this agreement, or the conduct of
the services under this agreement; .
(3) At all times observe and comply with, and cause all of its
employees to observe and comply with all of said laws, ordinances,
regulations, orders, and decrees mentioned above;
(4) Immediately report to the City's Project Manager in writing an,:
discrepancy or inconsistency it discovers in said laws, ordinances,
regulations, orders, and decrees mentioned above in relation to any plans,
drawings, specifications, or provisions of this agreement.
2
v
f
c. Release of reports_ and information. Any reports, information,
data, or other material given to, or prepared or assembled by, Consultant
under this agreement shall be the property of City and shall not be made
available to any individual or organization by Consultant without the prior
written approval of the City's Project Manager.
d. Conies of reports and information. If City requests additional
copies of reports, drawings, specifications, or any other material in
addition to what the Consultant is required to furnish in limited
quantities as part of the services under this agreement, Consultant shall
provide such additional copies as are requested, and City shall compensate
Consultant. for the costs of duplicating of such copies at Consultant's
direct expense.
e. Qualific4iti6hs'of Consultant: Consultant - represents that it is
qualified to furnish the services described under this agreement.
f. Objective analysis of Consultant. The-Consultant represents that
neither he nor any member of his staff has performed any work on the
proposed project, has no understanding with the project sponsor or any
expectation of working for the.project sponsor in the future on said
project.
3. COMPENSATION
For the full performance of the services described herein, the City
shall compensate Consultant according to the payment schedule attached as
Exhibit "B." In no case shall total compensation exceed $26,400.
4. CHANGES TO SCOPE OF WORK
The parties may, from time to time, request changes in the scope of
work of this agreement to be performed hereunder.. Such changes, including
any increase or decrease in the amount of the Consultant's compensation,
which are mutually agreed upon by and between the City and the Consultant,
shall be incorporated in written amendments to this Agreement, and now work
shall be done by Consultant on.a proposed amendment until the City executes
the Amended Agreement.
5. TIME IS OF THE ESSENCE
a. Time of completion of this project is of the essence.
0
b. Consultant shall complete the work to be performed under this
agreement within the time frame set out in .Exhibit "C." (Report Production
Schedule)
c. Time extensions may be mutually agreed upon in writing for delays
caused by City, other governmental agencies, or factors not directly
brought about by the negligence or lack of due care on the part of the
Consultant.
6. TEMPORARY SUSPENSION
The city's project coordinator shall have the authority to suspend
this agreement, wholly or in part, for such period as he deems necessary
due to unfavorable conditions or the failure on the part of Consultant to
perform any provision'of this agreement:
7. SUSPENSION: TERMINATION_
a. Right to suspend or terminate. The City retains the right to
terminate this agreement for any reason by notifying Consultant in writing
seven days prior to termination and by paying.the compensation due and
payable to the date of termination; provided, however, if this agreement is
terminated for fault of Consultant, City shall be obligated to compensate
Consultant only for that portion of Consultant services which are of
benefit to City. Said compensation to be arrived at by mutual agreement of
the City and Consultant and should they fail to agree, then an independent
arbitrator is to be appointed and his decision shall be binding upon the
parties.
b. Return of materials. Upon such termination, Consultant shall turn
over to the City immediately any and all copies of studies, sketches,
drawings, computations, and other data, whether or not completed, prepared
by Consultant, and for which Consultant has received reasonable
compensation, or given to Consultant in connection with this agreement..
Such materials shall become the permanent property of City. Consultant,
however, shall not be liable for City's use of incomplete materials or for
City's use of complete documents if used for other than the project
contemplated by this agreement.
4
8. INSPECTION
Consultant shall furnish City.with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed in
accordance with the requirements and intentions of this agreement. All
work done and all materials furnished, if any, shall be subject to the
City's Project Manager's 'inspection and approval. The inspection of such
work shall not relieve Consultant of any of its obligations to fulfill its
agreement as prescribed.
9. OWNERSHIP OF MATERIALS
All original drawings, plans, documents and other materials prepared
by or in possession of Consultant pursuant to this agreement shall become
the permanent property of the City, and shall be delivered to the City upon
demand.
10. INDEPENDENT JUDGMENT
Failure of City to agree with Consultant's independent findings,
conclusions, or recommendations, if the same are called for under this
agreement, on the basis of differences in matters of judgment shall not be
construed as a failure on the part of Consultant to meet the requirements
of this agreement.
11. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES
This agreement is for the performance of professional consulting
services-of the Consultant and is not assignable by the Consultant without
prior consent of the City in writing. The Consultant may employ other
specialists to perform special services as required with prior approval by
the City.
12. NOTICES
All notices hereunder shall be given in writing and mailed, postage
prepaid, by Certified Mail, addressed as follows:
To City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA 93406
5
To Consultant: Earth Metrics, Inc.
859 Cowan Road
Burlingame, California 94010
13. INTEREST OF CONSULTANT
Consultant covenants that it presently has no interest,, and shall
not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance' of the services
hereunder. Consultant further covenants that, in the performance of this
agreement, no subcontractor or person having such an interest shall be
employed. Consultant certifies that no one who has or will have any
financial interest under this agreement is an Officer or employee of City.
It is expressly agreed.;that, in.:the performance of..the services hereunder,
Consultant shall at all times be deemed an independent contractor and not
an agent or -employee of City.
14. INDEMNITY
Consultant hereby agrees to indemnify and save harmless City, its
officers, agents and employees of and from:
a. Any and all claims and demands which may be made against City, its
officers, agents, or employees by reason of any injury to or death of any
person or corporation caused by any negligent act or omission of Consultant
under this agreement or of Consultant's employees or agents;
b. Any and all damage to or destruction of the property of City, its
officers, agents, or employees occupied or used by or in the care, custody,
or control of Consultant, or in proximity to the site of Consultant's work,
caused by any negligent act or omission of Consultant under this agreement
or of Consultant's employees or agents;
c. Any and all claims and demands which may be made against City, its
officers, agents, or employees by reason of any injury to or death of or
damage suffered or sustained by any employee or agent of Consultant under
this agreement, however caused, excepting, however, any such claims and
demands which are the result of the negligence or willful misconduct of
City, its officers, agents, or employees;
6
r
d. Any and all claims and demands which may be made against City, its
officers, agents, or. employees by reason of any infringement or alleged
infringement of any patent rights or claims caused by the use of any
apparatus, appliance, or materials furnished by Consultant under this
agreement; and
e. Any and all penalties imposed or damages sought on account of the
violation of any law or regulation or of any term or condition of any
permit, when said violation of any law or regulation or of any term or
condition of any permit is due to negligence on the part of the
Consultant.
Consultant, at its own costs, expense, and risk, shall defend any and
all suits, actions, or other legal proceedings that may be brought or
employees on any such.- claim.or +demand of.such third persons, or to enforce.
any such penalty, and pay aria satisfy any judgment or decree that may be
rendered against City/ its officers, agents, or employees in any such suit,
action, or other legal proceding, when same were due to negligence of the
Consultant.
15 WORKERS COMPENSATION
Consultant certifies that it is aware of the provisions of the Labor
Code of the State of California, which require every employer to be insured
against liability for workers compensation or to undertake self- insurance
in accordance with the provisions of that code, and it certifies that it
will comply with such provisions before commencing the performance of the
work of this agreement.
16. INSURANCE
At the request.of the Senior Planner, Consultant shall provide proof
of comprehensive general liability insurance (including automobile) in
amounts satisfactory to the Senior Planner (General Liability $500,000).
17. AGREEMENT BINDING
The terms, convenants, and conditions of this agreement shall apply
to, and shall bind, the heirs, successors, executors, administrators,
assigns, and subcontractors of both parties.
� J
18. WAIVERS
The waiver by either party of any breach or violation of any term,
covenant, or condition of this agreement or of any provision, ordinance, or
law shall not be deemed to be a waiver of any subsequent breach of
violation of the same or of any other term, covenant, condition, ordinance,
or law. The subsequent acceptance by either party of any fee or other
money which may become due hereunder shall not be deemed to be a waiver of
any preceding breach or violation by the other party of any term, covenant,
or. condition of this agreement or of any applicable law or ordinance.
19. COSTS AND ATTORNEY'S FEES
The prevailing party in any action between the parties to this
agreement brought to enforce the terms of this agreement or arising out of
this agreement may recover its reasonable costs and attorney's fees
expended in connection with such an action from the other party.
20. DISCRIMINATION
,No discrimination shall be made in the employment of persons under
this agreement because of the race, color, national origin, ancestry,
religion or sex of such person.
21. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations,
or agreements, either written or oral. This document may be amended only
by written instrument, signed by both City and consultant. All provisions
of this agreement are expressly made conditions. This agreement shall be
governed by the laws of the State of California.
i
IN WITNESS WHEREOF, City and Consultant have executed this agreement the
day year first above written.
ATTEST: Dated:
CONSULTANT
. Cpl t2.
For Earth Metrics, Inc..
Kay A. Ransom
CITY OF SAN LUIS OBISPO
f Ze - By
Acting City lerk Pamela Vcaes Melanie illig, Mayor
Approved as to form:
George Thacher, City Attorney
_ 9
Approved as to Content:
Henry Engen, Communiq Development
Director
�. EXHIBIT "A"
STATEMENT OF WORK
iThe EIR scope of work prepared by the City of San Luis Obispo Community Develop-
ment Department identified several areas of focus for the EIR. Circulation,
land use, aesthetic and visual effects, were evaluated as the most significant
with moderate to low significance placed on community plans and goals, public
services, noise levels, air quality, hydrology, geology, archaeological and
(. historic resources, growth inducing issues, and alternatives. Earth Metrics'
statement of work responds to these items of focus. No other issues have been
identified as requiring analysis at this time, except some minor analysis of
II energy impacts is included pursuant to CEQA since this is a transportation pro-
ject, In addition, the other CEQA mandated sections will be.addressed. Earth
Metrics format for the EIR will follow that proposed in the City's suggested
EIR outline. The following tasks are proposed for analysis of the Downtown
Parking Program.
F
PROJECT DESCRIPTION OF DOWNTOWN PARKING PROGRAM
e Provide a brief history of the parking program in the community's
central business district and explain how the program has evolved.
s Discuss the role and history of the Parking Committee.
L A Describe the demand and need for the Downtown Parking Program, based
on work already performed by the City.
I
a Describe the three parts of the program:
1. Multi -Level Parking Structure: a proposed four level garage
designed to accomodate up to 426 cars, to be located at the block bounded
by Chorro, Palm, Morro, and Monterey Streets.
2. Closing Two Existing Parking Lots: This part of the program would
involve closing the 89 square parking lot on Osos Street between
Higuera Street and Monterey Street and closing the.25 space parking
lot at the.corner of Higuera Street and Nipomo Street. These lots
would be replaced with commercial uses.
A -1 - . -
3 Adding One Additional Parking Lot: Provide a one level (100 spaces)
or two level (200 spaces) lot on Marsh Street between Broad and Nipomo
Streets.
TRAFFIC PARKING AND CIRCULATION
o Summarize existing traffic data from prior City of San Luis Obispo
studies, Wilbur Smith studies, City Circulation Element, CALTRANS,
t and other available sources. If new traffic counts are needed,
I it is assumed they will be provided by the City.
• Discuss the expected parking improvements proposed for the Downtown
area and expected schedule of these improvements.
` • Provide an analysis•of the project impacts. A specific output of the
traffic study will be to quantify the cumulative traffic impact of
the known projects combined in the San Luis Obispo Downtown area to
determine the cumulative peak hour impact.
t.
s Identify any intersections where visibility and maneuverability for turn-
ing movements are problematic, with particular emphasis on parking lot
locations.and the garage.
o Based on existing data, determine trip generation factors which are
representative of Downtown uses. Distinguish between traffic generation
1 impacts of different trip types, where feasible.
Ls Summarize (based upon existing studies) vehicle miles traveled and total
number of trip ends attracted to the entire Downtwon, and compare the
no project alternative.
• Evaluate the project impacts on the Downtown Street System with part-
icular emphasis on the following major arterial streets: Monterey,
Higuera, Marsh, Santa Rosa, Osos, Chorro, and Broad streets; also
Ldisucuss project impacts on U.S. Highway 101, if any. Particular
emphasis will be given to intersection capacity and peak hour level,of
A -2 .
jservice at these intersections.
• Determine if the proposed parking structure or the lot project will
change or redirect traffic flow on major arterials downtown.
• Evaluate the location of the proposed structure and new lot in relation
to key land uses in the downtown, and determine the impacts.
• Evaluate the projects for impacts on nearby and adjoining streets:- Mill,
Palm, Monterey, Higuera, Marsh, Santa Rosa, Osos, Morro, Chorfo, Garden,
Broad, and Nipomo. Particular attention will be given to project impacts
on turning movements and peak hour level of service.
o Discuss the potential vehicular traffic conflicts between automobiles,
bicycles, and pedestrians, if any.
�^ • Evaluate the ability of emergency service vehicles to access and function
iin the Downtown after the proposed projects.
t.
o Evaluate the possibility of.a shift in parking demand. Relate the
parking projects to expected or potential increase in demand from
land use changes, the proposed parking "improvements, or other potential
future changes.
• Evaluate on site circulation impacts of the projects, particularly
�. at the parking garage. Evaluate the site plan for the parking garage
and the new lot for points of access, internal turning movements,
emergency vehicle access, convenience to the users, security, etc:
• Determine to projects impact on overall traffic flow particularly as
it relates to impacts on delivery truck uses, employee parking, and
tourists.
• Evaluate.the projects as they relate to existing curb -side parking and
other existing municipal parking lots.
A -3
1 o Evaluate the project impacts on key uses in the area including Mission
Plaza, City Hall, and the County complex.
I e Evaluate the project impacts at a broader neighborhood scale, based
on the boundaries established for the neighborhood parking study area.
1 This boundary generally extends from Pismo Street, between ":ipomo and
Beach Streets to U.S. Highway 101, to Walnut Street, and to Santa Rosa
Street or further east in some locations. Particular attention will
be given to the impact on curb -side parking and other possible parking
shifts.
r o Evaluate short -term construction impacts, on peak hour traffic, daily
II traffic flow, deliveries, parking, pedestrian movements, and sidewalk
use.
e Evaluate construction impacts on surrounding land uses and identify
any sensitive uses which will be particularly affected.
f e Develop a set of mitigation measures, if needed, and other improvements
1 to alleviate any functional adverse impacts in the Downtown which may
{ arise from potential Downtown Parking Program.
Il• o Provide mitigation measures for the downtown street system, nearby
streets, on site ciculation, parking, and construction.
LAND USE /COMHUNITY CHARACTER
e Describe generally the existing and planned land uses in the downtown
area, with focus of those in proximity to the parking projects.
o Evaluate the land use impacts of converting two parking lots to com-
mercial uses.
e Describe land use impacts in terms of changes in local access, potential
change on operational uses and surrounding land uses.
a_a "
• `1
o Emphasize the land use effects of changes in traffic access and parking
in the Downtown and the impact of the project on existing uses.
o Discuss the effects of changes in environmental quality (noise, air qual-
ity, visual setting) on the use and enjoyment of surrounding areas.
o Develop mitigation measures regarding buffering of adjacent sensitive
land uses, if necessary.
o Assemble past studies, EIRs and other available data regarding the socio-
economic character of the Downtown Area. (No original surveys are
proposed. Input from the city's consultant is anticipated for this
task.)
o Describe the existing demographic, ethnic, employment, housing, and in-
``come characteristics of the Downtown residents and businesses.
1,
o Describe recent development, socioeconomic, and business activity.
trends in the Downtown.
o Describe the social effects of the Downtown Parking Plan on the parking
study area including: impact on housing availability, if any: changes
in access and mobility for low income, minority and handicapped groups;
impacts of increased human activity in the Downtown as a result of
y
proposed project and associated land use changes; and downtwon beaut-
ification and sense of. identity.
Lo Evaluate and discuss changes in the urban form and community character
caused by the project in terms of income, ethnicity, age groups,
employment and housing. (See also archaeological and visual impact
analysis.)
o Discuss the socioeconomic effects of the implementation of the Downtown
1 Parking Program on adjacent neighborhoods. Secondary effects of
i .. A -5
ldevelopment pressures will be explored.
o Discuss land uses that will be dislocated or removed. Specifically
the project will impact several buildings, including a chinese
restaurant, a music store, and several commercial uses.
o Recommend mitigation measures for the long term and short term impact
1" for implementing the parking program, so as not to disrupt the character
of the Downtown and surrounding areas.
COMMUNITY PLANS AND -GOALS
• Describe, generally, the goals and policies of the Downtown Parking
C Program; evaluate the program for consistency, particularly as it
relates to the Downtown Goals Statement, General Plan, Draft Circulation
Element, and Draft Downtown Urban Design Plan, Zoning Regulations, and
Parking Design Standards.
[ • Delineate any plan inconsistencies and suggest mitigation measures,
if needed.
AESTHETIC /VISUAL EFFECTS /URBAN DESIGN
CNote: The visual and design analysis is considered to be an extremely important
i task because of the architectural sensitivity and high quality design standards
L. established for San Luis Obispo. Earth Metrics is aware of the efforts to date
to ensure that 'the design of the parking garage is compatable.with the Down -
area. Earth Metrics realizes that the plans prepared by the City's
architectural consultant will be reviewed by the City's Architectural Commission.
Cand then their comments will be forward to the EIR consultant who will perform
a third party analysis. Then the EIR comments and final plans will be forwarded
back to Architectural Review Commission. Earth Metrics analysis will review
architectural compatability scale and form and visual impacts.
l• Describe existing visual characteristics and architectural style in
the Downtown. By photographic illustration, depict.the existing visual
l
A -6
setting in the Downtown area. (Up to ten photographs of the visual
character of the area will be provided.)
e Describe the current architectural styles which exist and major land-
marks such as Mission Plaza.
• Describe the architectural style of the proposed parking garage;
evaluate where the parking garage creates contrasts with existing
styles.
• Develop mitigation measures which could improve architectural com-
patibility, if needed.
• Evaluate the scale and.form (height, bulk, roof line) of the proposed
parking garage; evaluate the mass of the structure.
• Assess the appropriateness of proposed textures and materials of the
structure, as well as design of the entrances and the roof'lne.
• Describe the streetscape improvements which exist in the area (structures,
pedestrian areas etc.,).
e Relate the scale of the project garage to surrounding public areas.
L
e Evaluate the extent to which the garage will dominate the area.
t.
• Describe the extent and character of shadow effects on public areas.
• Identify important view corridors in the Downtown such as the Morros or
isurrounding coastal foothills from public areas.
f • Evaluate changes (e.g., obstruction, intrusion, alteration) in important
L view corridors.
LDiscuss the Garage site plan's overall aesthetic effect on the urban design
character cf the Downtown; evaluate both the structure and site plan
characteristics for suitability in the area.
:: A -7
r.
0
• Identify the location of major new view opportunities, if any are
created.
• Evaluate the project consistency with the Architectural Review Commission
Guidelines, the Draft Downtown Design Guadelines, and Draft General
Plan Historic and Architectural Conservation Element.
• Evaluate the visual impacts of the new parking lot.
• Recommend mitigation measures for reducing adverse visual effects and
enhancing the aesthetic quality of the parking garage.and lot.
AIR QUALITY
• Assemble prior data applicable to the Downtown including information
from Earth Metrics data files, other EIR`s, and the Area Air Quality
Management District.
e Estimate the change'in emissions in the Downtown based upon available
data for traffic volumes (existing and projected) on principal streets
using carbon monoxide (CO) as an indicator pollutant.
• Identify any Downtown intersections or street segments where because of
the proposed project or changes in traffic flows a significant change
could be caused in CO levels (improvement or adverse change).
• Relate any changes in air quality to state and federal CO standards
for all appropriate pollutants.
• If needed, develop mitigation measures in terms of increased efficiency
of traffic flow to minimize emissions.
NOISE LEVELS
• Describe existing acoustical conditions in the Downtown area and com-
pare with-the noise compatibility criteria established in the San Luis
Obispo Noise Element.
A -8 .
t
r
1.
C
l
L
L-
L
C
J
• Evaluate noise impacts in surrounding uses, public areas, and /or
sensitive receptors, associated with traffic flow and full use of the
garage.
a Evaluate on -site and off -site noise impacts.
o Discuss construction and operational noise impacts of the proposed
parking programs particularly as they might affect residences in
surrounding area, Mission Plaza, and other.sensitive uses.
• Develop mitigation measures to maximize traffic flow efficiency and
minimize construction noise impacts due to braking and acceleration of
congested vehicle patterns. I ,
ENERGY
• Evaluate the project with' regard to California and national energy
policies..
o Discuss changed energy consumption associated with changed travel
patterns in the downtown.
• Evaluate energy features associated with design of the structure.
• Develop mitigation measures, if needed.
ARCHAEOLOGICAL AND HISTORIC RESOURCES
o Summarize key historical and archaeological data applicable to the
downtown area, including data from the San Luis Obispo Historical
Society.
• Determine whether any aspects of the parking program could hinder access
to historical areas or are likely to lead to redevelopment pressures for
use conversion that could threaten any specific structures.
A -9
!i • Evaluate whether any buildings removed by the project are historically
' important from a local, regional or statewide perspective.
• If buildings are found to be of significance, a final determination
! of their eligibility for the National Register would not be provided
as part of this scope (this work, however, could be provided by Earth
Metrics at a later time if aeeded).
s Perform an on site survey and literature review to determine if either
the parking garage or lot will adversely effect archaeological resources
in the area.
t
o Develop mitigation measures for, historical and archaeological resources,
I if needed.
PUBLIC SERVICES AND UTILITIES.
•
Provide a general inventory of services presently available to the
Downtown.areas
which serve the garage and new parking lot area.
•
Generally discuss plan for service expansion planned by the City of
San Luis
Obispo or other public agencies that could affect the Downtown.
•
Discuss
public services impacts associated with the Downtown Parking
r
Program
including sewers, storm drains, streets, sidewalks and other
Lutilities
and services; discuss cost.impacts.
•
Discuss
temporary impacts upon private sector construction economy and
discuss
support business, if any, needed to serve the completed project.
C
•
Discuss
project impacts on fire and polic protection in the area.
L•
Discuss
public costs of the project including change in service costs
if any,
and proposed method of financing.
I
L.
SURFACE WATER FLOW AND QUALITY
e Assemble data from past studies, U.S. Army Corps of Engineers, HUD
flood maps, "storm drainage and flows of San Luis Obispo Creek.
s Describe existing drainage patterns in the project areas and runoff
quantities with emphasis upon creekside areas. Discuss discharge char-
acteristics to the downstream areas.
a . Discuss impacts during construction including potential sedimenta-
tion that could impact San Luis Obispo Creek.
a Describe hydrology impacts in terms of alteration in storm drainage
patterns, increases in runoff quantity, and decreases in surface water
quality which may arise from increased.vehicular activity and the
parking garage and lot. Discuss resultant impacts upon receiving waters
of San Luis Obispo Creek.
e Discuss effects on groundwater recharge and quality if any.
a Develop mitigation measures to protect water quality and minimize sedi-
mentation in San Luis Obispo creek during construction.
s Provide hydrology mitigation in terms of street sweeping measures or
other mechanisms for minimizing pollutant runoff from paved surfaces.
SOILS AND GEOLOGICAL EFFECTS
e Assemble existing data from past studies, USGS, and San Luis Obispo
County relative to the seismicity of the area. (No new geotecnical
studies are proposed as part of this work. Information not,available
In existing studies will not be provided.)•
a Discuss existing setting in terms of soil properties, erosion potential
and potential construction problems and develop general construction
mitigation, if needed.
A -11
'JP
• Discuss project response to seismic activity and suggest mitigation
measures, if necessary.
OTHER MANDATORY CEQA SECTIONS
fo Prepare othe required mandatory sections including:
1) unavoidable irreversible impacts.
2) effects considered not to be significant.
3) growth inducing impacts.
C 4) relationship between local short -term uses of the environment
and the maintenance of long -term productivity.
5) persons and gencies consulted.
Of these sect -ions, particular attention will be given to the growth
inducting effects on Downtown and the City, including population and
economic growth.
ALTERNATIVES TO THE PROPOSED PROJECT
C The evaluation of the project alternatives is considered an important work
element in the EIR. Earth Metrics recognizes the need to provide comprehensive
C analysis of the alternatives since there is considerable local interest in the
alternatives as feasible methods to pursue. The evaluation of alternatives
will focus on the major impacts identified in the project EIR.ipcluding traffic,
fland use, visual, History %archaeology, noise, and air quality effects. The
EIR will address the following project alternatives.
1) No Project: Impact of City not providing additional parking downtown.
L 2) Alternative Locations: Evaluate, within the basic downtown study area,
fwhether there are suitable alternate locations for the garage or new lot.
L_
3) Alternative Garage Design: This alternative will be closely linked with
fthe analysis of the design and visual impacts of the project. In.essence, if
adverse architectural, design, or visual impacts are identified, alternative
garage design would be discussed and further expanded here. This design would
A -12
incorporate mitigation measures from all sections of the EIR where improved
design could reduce adverse impacts.
4) Alternative Parking Strategies: This alternative will evaluate the concept, .
1 of dispersed or scattered parking lots around the periphery of the downtown
rather that a centralized parking garage. The Wilbur Smith Parking Report of
1978 which discusses this strategy will be used as the basis for this altern-
ative and environmental impacts will be assessed.
5) Alternative Transportation Strategies: This alternative would evaluate
more of transit related alternative which might reduce auto dependence in the
area and also reduce the need for parking. This alternative will evaluate the
environmental impacts of .increasing - transit service to downtown and providing a
downtown "shuttle tram" along Higuera, Monterey, and March Streets between
` Santa Rosa and Nipomo Streets.
L
c
L
L.
L_
t
incorporate mitigation measures from all sections of the EIR where improved
design could reduce adverse impacts.
4) Alternative Parking Strategies: This alternative will evaluate the concept, .
1 of dispersed or scattered parking lots around the periphery of the downtown
rather that a centralized parking garage. The Wilbur Smith Parking Report of
1978 which discusses this strategy will be used as the basis for this altern-
ative and environmental impacts will be assessed.
5) Alternative Transportation Strategies: This alternative would evaluate
more of transit related alternative which might reduce auto dependence in the
area and also reduce the need for parking. This alternative will evaluate the
environmental impacts of .increasing - transit service to downtown and providing a
downtown "shuttle tram" along Higuera, Monterey, and March Streets between
` Santa Rosa and Nipomo Streets.
L
c
L
L.
L_
Introduction
Project Description
;J
PROPOSED EIR OUTLINE (Draft and final Report)
Location
Project Sponsor Objectives (to be supplied by city)
Project Technical Description
Jurisdictions and Agencies Involved
Summary Of Impacts and Mitigation
This section can be in chart form using short paragraphs. It should be no more
than two or three pages long.
Environmental Setting, Impacts,Mitigation Measures
The setting for each environmental topic should be described, followed
immediately'by a description of'related impacts and possible mitigation
measures. The format shown below will be used:
1. LAND USE IMPACTS
a. Environmental Setting
b. LanU Use Impacts
c. Mitigation Measures
2. CIRCULATION IMPACTS
a. Environmental Setting
b. C7rculation Impacts
C. Mitigation Measures.
Etc.
Etc.
Alternatives
Impact Overviews
Unavoidable adverse impacts
Effects considered not to be significant
Growth - inducing impacts
Irreversible environmental changes
Relationship between local short -term uses of.man's environment and the
maintenance and enhancement of long -term productivity.
Response To Comments(final EIR)
All written comments received from people or agencies during the EIR's public
review period will be responded to in writing (there will be a 45 -day review
period). Also, verbal comments made at public hearings during the review
period will* also be responded to. The following format.shall be used:
A -14
Cs
Topic: The EIR will summarize the comment in one or two paragraphs at
most.
Authors: The EIR will identify the people or agencies that are making the
comment.
Response: The EIR will provide a concise written response and include any
additional graphic material as needed.
Letters: The EIR will insert after each comment the letter received from
the person or agency that made the comment.
Persons -And And Agencies Consulted During Report Preparation Consulted During Report Preparation
References
Appendices
This section should include all the technical studies: If there are a lot
of studies they can be bound into a report separate from the EIR and
published separately.
A -15
A
EXHIBIT "B" - PAY SCHEDULE
The City shall pay consultant on a time and materials basis and in accordance
with the schedule shown below. However, the maximum fee for consultant
services shall not exceed $26,400.00.
1.
Start -Up Fee: to be payed after the signing of this agreement
and the collection of pertinent existing information (10°0 of
total consultant fee):
$2,640.00
2.
Rough -Draft EIR: submittal of five (5) copies of a rough
draft EIR to the Community Development Department (50% of
total consultant fee):
$13,200.00
3.
Draft EIR: preparation and submittal of a "camera ready"
draft.ElR to the Community Development Department. Pre-
sentation of draft. EIR at one (1) public meeting (30% of
total consultant fee):
$7,920.00
4.
Final EIR: preparation of written response to comments to
become part of the final EIR. Presentation of final EIR
at one (1) public meeting (10% of total consultant fee):
$2,640.00
TOTAL CONSULTANT FEE
$26,400.00
** The consultant fee for attendance at public meetings shall be set
at $ 400 per meeting per person.
B -1
e
Exhibit "C" - Report-Production Schedule.
1. Completion of rough draft EIR within sixty (60) days of the date
of the execution of this contract.
ESTIMATED DATE OF COMPLETION
2. Completion.of camera -ready draft EIR within twenty -five (25) days
after approval, of the rough draft report by the Community
Development Director.
ESTIMATED DATE OF COMPLETION
3. Completion of written response to all comments received during the
public review period within ten (10) days after consultant receipt
of pertinent materials from the city.
ESTIMATED DATE OF COMPLETION
C -1
RESOLUTION NO. 4502 (19 81 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF .SAN
LUIS OBISPO DESIGNATING AUTHORITY TO MARE
SETTLEMENT PAYMENTS ON CLAIMS AGAINST THE CITY
WHEREAS, the City of San Luis Obispo is a member of the Central Coast Cities
Joint Powers Agreement (CCCJPA) for insurance purposes; and
WHEREAS, as a result, the City receives the services of an independent
CCCJPA adjustor and investigative service and will defend claims filed against.
it; and
WHEREAS, for the expedient settlement of claims necessary to minimize costs
of the City, it is necessary that the Staff and the Adjustor have specified
authority on behalf of the City to immediately enter into Settlement Agreements
without prior authorization of the Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Upon investigation and determination by the CCCJPA adjustor for
the City that the City appears to be partially or fully liable
by reasons of an incident or accident resulting in a claim .
against the City, the Adjustor shall have the authority to enter
into Settlement Agreements on claims that do not exceed One
Thousand and no /100ths. Dollars ($1,000.00). This authority may
be suspended or reduced at any time by the City Administrator.
.SECTION 2. When a claim against the City exceeds One Thousand and no /100ths
Dollars ($1,000.00) and it is determined that the City appears
to be partially or fully liable for the claim, the City Adminis-
trator shall have the authority to enter into a Settlement
Agreement to settle the claim up to the amount of Five Thousand
and no /100ths Dollars ($5,000.00). Any such Settlement Agreement
shall be signed by both the City Administrator and the City
Attorney.
SECTION 3. All proposed settlement of claims in which the Staff cannot reach
concurrences to settle as provided in 2 above, or which amount to
Five Thousand and n6/100ths Dollars ($5,000.00) or more, shall be
referred to the City Council for determination.
On motion of Councilman Settle
and on the following roll.call vote:.
seconded by Councilman Dunin ,
AYES: Councilmembers Settle,'Dunin, Bond, Dovey and Mayor Billig
NOES: None.
ABSENT: None
R 4502
RESOLUTION NO. 4502 (19 81 Series)
Page 2.
the foregoing Resolution was passed and adopted this 2nd day of June
19 81 .
NRMAY LANIE C. BILLIG
ATTEST:
-m- �zl/e Z�
ACTING CITY r RK PAME VOGE
APPROVED:
City Adminis native fficer
'A/L4
City Attorney
ity Finance irect r
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND H. DIETER HEINZ.
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
H. Dieter Heinz 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,
Finance Director, Personnel Director, Fire Chief, and H. Dieter Heinz, Chemist.
On motion of Mayor Pro Tem Dunin ,seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Bond, Dovey, Settle and Mayor Pro Tem Dunin
NOES: None
ABSENT: Mayor Billig
the foregoing resolution was passed and adopted this 19th day of May ,
1981.
MAYOR 0 TEM RONALD DUNIN
ATTEST:
z4t,5
ACTING ITY ERI. PAME V GES
APPROVED:
City A iris rative Officer
R 4501
Resolution No. (1981 Series)
2 fTYJ��i�
Director of Public Services
City Attorney
Personnel Director
F na`nce Dir c
- tom, 241""
Fire Chief
EXHIBIT ='A"
AGREEMENT FOR PERSONAL SERVICES
THIS AGREEMENT, is by and-between THE CITY OF SAN LUIS OBISPO,
a chartered municipal corporation (hereinafter referred to at
"City "), and H. DIETER HEINZ, an independent contractor providing
consulting chemist services (hereinafter refer -red to as "Chemist ").
WITNESSETH:
WHEREAS, H. Dieter Heinz is a qualified chemist capable of
analyzing and monitoring many of.the City's operations; and
WHEREAS, the City desires to employ him as an independent
contractor to provide certain services not currently performed in
detail by City employees or available within City per- vices;
NOW, THEREFORE,. City and Chemist for and in consideration of
the mutual benefits, agreements and promises set forth herein,
agree as follows:
1. Beginning July 1, 1981, Chemist agrees to provide services
to the City in accordance with the scope of work outlined in
Exhibit "B" attached hereto and thereby incorporated herein. Said
services shall continue through June 30, 1982, providing, however,
that either party may terminate this Agreement by two weeks
written notice to the other party. The general duties to be per-
formed by said Chemist shall be at the direction of the Director
of Public Services.
2. Notwithstanding any other respresentations, oral or
written, between 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.
I�
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, how-
ever, 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 $1760 per month-for
his services, payable in accordance with regular City payment pro-
cedures. Chemist agrees to provide a minimum of eighty (80) hours
service per month and will submit a detailed statement of the
services provided prior to payment. Chemist will 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 20 cents 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 prior written consent of the City.
7. Chemist shall be allowed to participate in the City's
health care program for himself and his dependents at his own
expense.
8. 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.O. Box 321
San Luis Obispo, CA 93406
C
Chemist: H. Dieter Heinz
P.O. Box 3193
Pismo Beach, CA 93449.
9. Chemist may be hired by the City to perform additional
services not outlined in this agreement. Compensation for such
additional services shall be at the rate of $40.00 per hour for
the first two hours of emergency work (2 -hour minimum call out)
and $22.00 per hour thereafter, and at the rate of $22.00 per
hour for nonemergency work; said rate shall cover all fringe
benefits except transportation.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed.
CHEMIST
H. Diete Heinz
CITY OF SAN LUIS OBISPO
s /RON DUNIN
?MAYOR PRO TMI RONALD DUNIN
ATTEST:
s /PAMELA VOGES
ACTING CITY CLERK PAMELA VOGES
� I I
EXHIBIT "B"
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) Pesticides residues: Identification and analysis.
f) Fertility - tissue 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.
m) 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.
Chemist shall expend a minimum of 80 hours per calendar month
performing City duties and through the year shall average the
following hours per month for each division or department:
1
Fire . . . . . . . . . . . . .
. 6
Sewer Field . . . . . . . . .
. . . . . 5
Water Field . . . . . . . . .
. . . . . 5
Whale Rock . . . .. . . . . .
. . . . . 24
Water Plant . . . . . . . . .
. . . . . 20
Sewage Treatment Plant . . . .
. . . . . 16
Parks . . . . . . . . . . . .
. . . . . 2
Streets . . . . . . . . . . .
. . . . . 2
TOTAL 80 HOURS /MONTH
K
� � 1
RESOLUTION NO. 4500 (1981 Series)
A RESOLUTION AMENDING RESOLUTION NO. 4242 (1980 Series),
ESTABLISHING SALARIES AND BENEFITS FOR CERTAIN MANAGEMENT
PERSONNEL.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Article I of Resolution 4242 (1980 Series) herein is amended to provide
that the salary of the Community Development Director shall be $2,634 per month
effective January_1,"1981.
On motion of Councilperson Dovey
and on the following roll call vote:
, seconded by Councilperson Settle
AYES: Councilmembers Bond, Dovey, Settle and Mayor Pro Tem Dunin
NOES: None
ABSENT: Mayor Billig
the foregoing resolution was passed and adopted this 19th day of May ,
1981.
ATTEST:
v
Acting t ity Clerk Pamel& Voges
APPROVED:
dministrative Officer
AM
City Attorney
�1
Mayor o Tem Ronald Dunin
r
D rect r of ft-nNace
personnel Director
R 4500