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HomeMy WebLinkAbout4650-4699RESOLUTION NO. 4699 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE SAN LUIS OBISPO MOZART FESTIVAL ASSOCIATION FOR CITY TO PAY ASSOCIATION $5,000.00 TO BE EXPENDED FOR MOZART FESTIVAL 1982 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1.* That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and San Luis Obispo Mozart Festival Association is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution. and a copy of the executed agreement approved by it to: San Luis Obispo Mozart Festival Association; City Finance Director On motion of Councilman Settle ,;seconded by Councilwoman Dovev s and on the following roll call vote: AYES: Counclmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 15th day of December 19811. L ' MAY MEL IE LI ATTEST: CITY CLERK PAMELA' V GE R 4699 APPROVED: vV I." - City Administrative ficer City Attorney F nance Dir Exhibit A V A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1981 -82 This agreement, made and entered into this 15th day of December 1981 , by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation, (referred to herein as "City ") and SAN LUIS OBISPO MOZART FESTIVAL ASSOCIATION (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program, all as set forth in Exhibit 1 application attached hereto and incorporated herein by reference. 1. City agrees to pay Association the sum of $5,000.00, to be expended for 1982 Mozart Festival. 2. On or before April 15, 1982, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1982 3. Association and all of its agents, representatives, and participants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors or volunteers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City, including limitation, all actions and claims based upon contract, tort, or statutory provisions. 4. For purpose of notice under this Agreement., all notices shall. be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P. O. Box 321 San Luis Obispo, CA 93406 Association: SLO Mozart Festival Association P. 0. Box 311 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized, as of the date first written above. ASSOCIATION: SLO MOZART FESTIVAL ASSOCIATION BY: � ITY SAN LUIS OBISPO B L MAY MELANT_E C. BIL ATTEST: U�Zvw X0 CIr CLERK P �IELA 0 ES a � •i.r • IV-IN Exhibit 1 MEETING AGENDA 14 REQUEST FOR PROMOTIONAL FUNDS DATE OCT'3 -91 ITEM # �. �e�Reverse) ® E C V S E P 2 01 1S c1 Date Sept. 29, 1981 1. Name and legal description of organization or group San Luis Obispo 2. Address PX- State Tax I.D.# 234 4148 -8 Federal Tax I.D.# 23T172g87 3. Amount of funds requested 5000.00 see attachment 4. Whom to contact if more information is required Joanna Ronyecz Telephone 543 4580 5. Date, Time and Place of Droposed event August 2 -8. 1982 6. Is this request for a non - repayable grant ® or a repayable grant? �7. Attach a budget showing the specific uses of requested funds. ;7.a If the budget request involves remuneration to any members or employees of the organization for other than expenses, a full written justification must be attached. 8. Attach a complete report including profit and loss statement and balance sheet for the previous year. 9. If this group or organization is part of a larger group or organization, complete financial data of parent organization must be furnished. 10. Have you sought other sources or private contributions to support this program or event? If so, identify these sources. yes see attachment 11. If this a fund raising program or event? no 12. If profit is derived, how will it be used? applied to the next year's budget 13. How will this program or event be promoted? through an extensive multi media program mailing list of 5000, 25,000 ticket brochures sent, several mailings per year list• all natienal Festiva! 1:.. �-..' p...a. 0'' Y�j'iDG radie,Z'irT� 14. If this is to be a continuing activity or a recurring event, please attach a projection for the next five years. FOR CITY CLERK'S OFFICE USE ONLY PROMOTIONAL COMMITTEE ACTION Date Received 9/) Date Considered Action: CITY COUNCIL ACTION Date Considered Action: Payment Method Amt. recommended to Council Amount budgeted Code Further Instructions: 1. No change in the program as regards expenditures of funds received may occur without notification and approval by the P.C.C. 2. Cooperation with the Chamber of Commerce in the p-zomotion of this event is required. 3. Information on how to apply for tax exempt status for organizations may be obtained at your local Z.R.C. office. P.C.C. 7/80 a.• / -1 ��'t �' j P RESOLUTION NO. 4698 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE CUESTA COLLEGE BOOSTER GROUP FOR CITY TO PAY ASSOCIATION $500.00 TO BE EXPENDED FOR SPORTS PROGRAM FOR THE 1981 -82 SEASON 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 Cuesta College Booster Group 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: Cuesta College Booster Group; City Finance Director On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 15th day of December _ , 1981• ATTEST: - . /0 / /,V,. 0-, C TY CLERK PAMET AAVOGES R 4698 ,J APPROVED: .. A j�z City Administrative Officer i Exhibit A A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1981 -82 H This agreement, made and entered into this 15th day of December , 1981 by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation, (referred to herein as "City ") and CUESTA COLLEGE BOOSTER GROUP (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program, all as set forth in Exhibit 1 application attached hereto and incorporated herein by reference. 1. City agrees to pay Association the sum of $500.00, to be expended for promoting sports program for the 1981 -82 season. 2. On or before April 15, 1982, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1982. 3. Association and all of its agents, representatives, and participants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors or volunteers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City, including limitation, all actions and claims based upon contract, tort, or statutory provisions. 4. For purpose of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P. 0. Bois 321 San Luis Obispo, CA 93406 Association: Cuesta College Booster Group P. 0. Box 1138 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized, as of the date first written above. ASSOCIATION: BY: x),""", SAN LUIS OBISPO I v i n . /-& , C A\ , C. ATTEST: CITP CLERK PAITELA V a i• (^ Exhibit 1 MEETING T ,4 �' AGENDA DATE I;�q EST FOR PROMOTIONAL Ft'VDS R E C E IV �— (See Reverse) SEP 2 9 19c; Date 9/29/81 1. Name a �'1�g�c�gscription of organization or group Cuesta College EAN WT5 1 Z=a►- arrauv 2. Addressp_ 0. Box 1138. SLO 93406 State Tax I.D.# 0567456 CC7BC Federal Tax I.D.# 3. Amount of funds requested $2,000,00 Warren E. Hansen', Athletic Director 4. Whom to contact if more Raymond L Girard Booster President Telephone ;f 544-5751 or 544 -2943 X289 5. Date, Time and Place of Droposed event 6. Is this request for a non - repayable grant ® or a repayable grant? L� 7. Attach a budget showing the specific uses of requested funds. 7.a If the budget request involves remuneration to any members or employees of the organization for other than expenses, a full written justification must be attached. 8. Attach a complete report including profit and loss statement and balance sheet for the previous year. 9. If this group or organization is part of a larger group or organization, complete financial data of parent organization must be furnished. 10. Have you sought other sources or private contributions to support this program or event? If so, identify these sources. The gpnpral_p�,blic and business county -wide 11. If this a fund raising program or event? Yes 12. If profit is derived, how will it be used? Direct and Indirect support of Men's and Women "s Sports at Cuesta College. News 13. How will this program or event be promoted? Flyers, /Media, volunteer solicitations 14. If this is to be a continuing activity or a recurring event, please attach a projection for the next five years. FOR CITY CLERK'S OFFICE USE ONLY PRO140TIONAL COMMITTEE ACTION Date Received q /a /r 1 Date Considered Action: Amt. recommended to Council Further instructions: CITY COUNCIL ACTION Date Considered Action: Payment M thod Amount budgeted C -de 1. No change in the program as regards expenditures of funds received may occur without notification and approval by the P.C.C. 2. Cooperation with the Chamber of Commerce in the promotion of this event is required. 3. Information on how to apply for tax exempt status for organizations may be obtained at your local I.R.C. office. P.C.C. 7/80 u� I r: 3•s -1 40 RESOLUTION NO. 4697 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE CUESTA BELLES CHAPTER OF SWEET ADELINES FOR CITY TO PAY ASSOCIATION $1,000 TO BE EXPENDED FOR VARIOUS PERFORMANCES THROUGHOUT THE YEAR 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 Cuesta Belles Chapter of Sweet Adelines is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall fuinish.a copy of this resolution and a copy of the executed agreement approved by it to: Cuesta Belles Chapter of Sweet Adelines; City Finance Director On motion of Councilman Settle , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None The foregoing Resolution was passed and adopted this .15th day of December , 1981. ATTEST: CI Y CLERK PAME ES R 4697 APPROVED: City Attorney Vin D rector i Exhibit A A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1981 -82 This agreement, made and entered into this 15th day of December , 1981, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation, (referred to herein as "City ") and CUESTA BELLES CHAPTER OF SWEET ADELINES (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program, all as set forth in Exhibit 1 application attached hereto and incorporated herein by reference. 1. City agrees to pay Association the sum of $1,000.00, to be expended for various performances throughout the year. 2. On or before April 15, 1982, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1982. 3. Association and all of its agents, representaxives, and participants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors or volunteers for Association and shall not for any purpose 0 O. be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City, including limitation, all actions and claims based upon contract, tort, or statutory provisions. 4. For purpose of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 Association: Cuesta Belles Chapter of Sweet Adelines P. 0. Box 1041 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized, as of the date first written above. ATTEST: _ is % • ASSOCIATION: CUESTA BELLES CHAPTER OF SWEET ADELINES BY: CITY OF SAN LUIS OBISPO j� B LA, C 4,. MAYO MELANIE C. ILLIG Exhibit 1 RECEIVEDREf�UEST FOR PRO�:OTIO::i�L cti \'DS ' (See Reverse) 1 E 7iNG AGENDA CATS on ,4 'a' .1 711'N1 # SEP 2 8 Date I � 1. Na��! 1 descrip�,,ion of organization or group �r'Lil_ �_�1' SAN L1�ii��,n ..� ` "- 2. Address / �/.� � State Tax I.D.# Federal Tax I.D.# i = / %57, c 3. Amount of funds requested / /,'1)-7) °- 4. Whom to contact if more informacion is required v . -�f 5. Date, Time and Place of roposed event_,,r 6. Is this request for a non - repayable grant = or a repayable grant? L� 7. Attach a budget showing the specific uses of requested funds. 7.a If the budget request involves remuneration to any members or employees of the organization for other than expenses, a full written justification must be attached. _ 8. Attach a complete report including profit and loss statement and balance sheet for the previous year. 9. If this group or organization is part of a larger group or organization, complete financial data of parent organization must be furnished. _ 10. Have you sought other sources or private contributions to support this rogram or event? If so, identify these sources. /till „, ��--•�� 11.. 12. If profit is derived, , how will�y it be used? —a 13. How will this program or event be promoted? 14. If this is to be a continuing activity or a recurring event, please attach a projection for the next five years. -- FOR CITY CLERK'S OFFICE USE ONLY PROMOTIONAL COMMITTEE ACTION Date Received e'91; d'It' / Date Considered Action: Amt. recommended to Council Further Instructions: CITY COUNCIL ACTION Date Considered Action: Payment Method Amount budgeted Code 1. No change in the program as regards expenditures of funds received may occur without notification and approval by the P.C.C. 2. Cooperation with the Chamber of Commerce in the promotion of this event is required. 3. Information on how to apply for tax exempt status for organizations may be obtained at your local I.R.C. office. P.C.C. 7/80 �� C� • ��� v��` Y RESOLUTION NO. 4696 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE CIVIC BALLET OF SLO FOR CITY TO PAY ASSOCIATION $2,000.00 TO BE EXPENDED FOR YEAR -ROUND ACTIVITIES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and The Civic Ballet of San Luis Obispo is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: The Civic Ballet of San Luis Obispo; City Finance Director On motion of Councilman Settle , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 15th day of December 1981. ATTEST: '_ - �_'Ar lloeh,,J� CI CLERK P LA 0 R 4696 U APPROVED: ty Administrative Exhibit A 0 A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1981 -82 This agreement, made and entered into this 15th day of December 1981 , by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation, (referred to herein as "City ") and THE CIVIC BALLET OF SAN LUIS OBISPO (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program, all as set forth in Exhibit 1 application attached hereto and incorporated herein by reference. 1. City agrees to pay Association the sum of $2,000.00, to be expended for year -round activities. 2. On or before April 15, 1982, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1982. 3. Association and all of its agents, representatives, and participants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors or volunteers for Association and shall not for any purpose V be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City, including limitation, all actions and claims based upon contract, tort, or statutory provisions. 4. For purpose of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P. O. Box 321 San Luis Obispo, CA 93406 Association: The Civic Ballet of SLO P. 0. Box 1041 -San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized, as of the date first written above. ASSOCIATION: THE CIVIC BALLET OF SLO C Exhibit 1 ii�(NG tiGGiVDr1 r t REQUEST FOR PROMOTIONAL FU \'DS DATE ��= $'- (;E,'VI # (See Reverse) Date tr`/ 1. Name and legal description of organization or group 2. Address ? G) k /L/ �G�C� State Tax I.DA" % Federal Tax I.D.# 44G 3 y 3. Amount of funds requested: 4. Whom to contact if more information is required Telephone !,E ZC 6-3 i 5. Date, Time and Place of proposed event 6. Is this request for a non- repayable grant =71 or a repayable grant? l� 7. Attach a budget showing the specific uses of requested funds. 7.a If the budget request involves remuneration to any members or employees of the organization for other than expenses, a full trritten justification must be attached. 8. Attach a complete report including profit and loss statement and balance sheet for the previous year. 9. If this group or organization is part of a larger group or organization, complete financial data of parent organization must be furnished. 10. Have you sought other sources or private contributions to support this program or event? If so, identify these sources. 11. If this a fund raising program or event? 12. If profit is derived, how will it be used? 13. How will this program or event be promoted. /� �,z --Pf4 L J_ i ��,�i�.l �' , ,�P�.ic'1.l /P:t _ A,✓n/Pf�n/r'r�.r w /mac 14. If this is to be a continuing activity or a recurring event, please attach a projection for the next five years. FOR CITY CLERK'S OFFICE USE ONLY PRO140TIONAL COMMITTEE ACTION CITY COUNCIL ACTION Date Received Date Considered Date Considered Action: /; ;;;,•,,* Action: Amt. recommended to Council Further Instructions: Payment Method Amount budgeted 106rom 1. No change in the program as regards expenditures of funds received may occur without notification and approval by the P.C.C. 2. Cooperation with the Chamber of Commerce in the promotion of this event is required. 3. Information on how to apply for tax exempt status for o 9rEaUs1mS( E D obtained at your local I.R.C. office. P.C.C. 7/80 S E P 1 C CITY CLERK SAN LUIS OBISPO, Ct. K 0 0 RESOLUTION NO. 4695 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND CENTRAL COAST CHILDREN'S THEATRE FOR CITY TO PAY ASSOCIATION $2,000.00 TO BE EXPENDED FOR YEAR ROUND ACTIVITIES IN THE SCHOOLS, PLAZA, ETC. 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 Central Coast Children's Theatre 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: Central Coast Children's Theatre; City Finance Director On motion of Councilman Settle , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 15th day of December , 1981. ATTEST: /�Zx /,,/ , C CL RK VO S R 4695 APPROVED: / V(4 L,-"/L- City Attorney Financ Direct 5r Exhibit A A G R.E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1981 -82 This agreement, made and entered into this 15th day of D r mP P har .1981, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation, (referred to herein as "City ") and CENTRAL COAST CHILDREN'S THEATRE (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program, all as set forth in Exhibit 1 application attached hereto and incorporated herein by reference. 1. City agrees to pay Association the sum of $2,000.00, to be expended for year round activities in the schools, plaza, etc.. 2. On or before April 15, 1982, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1982. 3. Association and all of its agents, representatives, and participants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors or volunteers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acfing on behalf of Association or the Association itself is an employee or agent of the City, including limitation, all actions and claims based upon contract, tort, or statutory provisions. 4. For purpose of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 Association: Central Coast Children's Theatre P. 0. Box 925 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the patties hereto have executed this agreement by their proper officers duly authorized, as of the date first written above. ATTEST: CITY /CLERK 'PAMELA GES ASSOCIATION: CENTRAL COAST CHILDREN'S THEATRE BYE J Exhibit 1 C MEETING AGENDA REQUEST FOR PROMOTIONAL FUNDS DATE OCT 14 '51 ITEM # 3_,x2, R E C W I V E (See Reverse) 5E 3' J 19G. Date 29 September 1981 1. Name and legal description of organization or group CENTRAL COAST CHILDREN'S THEATRECJP!q{a1'fornia Non - Profit Corporation .. LU15 0315PV, C,ri 2. Address P. O. Box 925, SLO 93406 State Tar. I.D.!d 753011 Federal Tax I.D.# 51-0157140 3. Amount of funds requested $ 2500. 4, Whom to contact if more information is required Barbara Ratcliffe i Telephone # 543 -7844 SI -y35� 5. Date, Time and Place of Droposed event Year Round activities in the schools, the Plaza, and through out e communit} 6. Is this request for a non - repayable grant ® or a repayable grant? I� 7. Attach a budget showing the specific uses of requested funds. 7.a If the budget request involves remuneration to any members or employees of the organization for other than expenses, a full written justification must be attached. - 8. Attach a complete report including profit and loss statement and balance sheet for the previous year. 9. If this group or organization is part of a larger group or organization, complete financial data of parent organization must be furnished. 10. Have you sought other sources or private contributions to support this program or event? If so, identify these sources. Individual and business donations, fund- raising events, ticket sales, SLO County 11. If this a fund raising program or event? No 12. If profit is derived, how will it be used? N/A 13. How will this program or event be promoted? All programs are advertised through the schools, Direct Mail, Posters and Media Advertising. 14. If this is to be a continuing activity or a recurring event, please.attach a projection for the next five years. FOR CITY CLERK'S OFFICE USE ONLY PROMOTIONAL COMMITTEE ACTION CITY COUNCIL ACTION Date Received Date Considered Date Considered Action: c%irG bft Action: Amt. recommended to Council',�+� Further Instructions: Payment Method Amount budgeted Code 1. No change in the program as regards expenditures of funds received may occur without notification and approval by the P.C.C. 2. Cooperation with the Chamber of Commerce in the promotion of this event is required. 3. Information on how to apply for tax exempt status for organizations may be obtained at your local Z.R.C. office. P.C.C. 7/80 3.Z / �J IAJ� V V RESOLUTION NO. 4694 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ASSOCIATED STUDENTS, INC., FOR CITY TO PAY ASSOCIATION $1,000.00 TO BE EXPENDED FOR POLY ROYAL, APRIL 23 and 24, 1982 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 Associated Students, 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: Associated Students, Inc.; City Finance Director On motion of Councilman Settle seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 15th day of December 1981. ATTEST: /2./, 1,14" C CLERK PAMET ff 1VOM!S R 4694 APPROVED: LJ 0 V Exhibit A A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1981 -82 This agreement, made and entered into this 15th day of December , 1981 , by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation, (referred to herein as "City ") and ASSOCIATED STUDENTS, INC. (referred to herein as "Association "). WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program, all as forth in Exhibit 1 application attached hereto and incorporated herein by reference. 1. City agrees to pay Association the sum of $1,000.00, to be expended for Poly Royal, April 23 and 24 1982. 2. On or before April 15, 1982, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1982. 3. Association and all of its agents, representatives, and participants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors or volunteers for Association and shall not for any purpose • be considered as employees or agents of City.. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City, including limitation, all actions.and claims based upon contract, tort, or statutory provisions. 4. For purpose of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 Association: Associated Students, Inc. A.S.I. Cal Poly San Luis Obispo, CA 93407 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized, as of the date first written above. ASSOCIATION: ASSOCIATED STUDENTS, INC. BY ,CITY OF SAN LUIS OBISPO w �' ' 1, � AQ M&Nh=,- i• 0 Exhibit 1 MEETIlNIG AGENDA OCT ,< •s, IT�7 REQUEST FOR PROMOTIONAL FUNDS DATE Ei # (See Reverse) Date September 9, 1981 1. Name and legal description of organization or group poly gov Associated Students Inc. Cal Poly San Luis Obispo 2. Address A.S.I. Cal Poly State Tax I.D.# 910 -1146 San Luis Obispo, Ca. 93407 Federal Tax I.D.Iff 95- 2308831 -W 3. Amount of funds requested $2,000.00 4. Whom to contact if more information is required Harvey B latter 4 Telephone # 546-1281 5. Date, Time and Place of proposed event April 23, 24, 1982 - Cal Poly 6. Is this request for a non - repayable grant ® or a repayable grant? I� 7. Attach a budget showing the specific uses of requested funds. 7.a If the budget request involves remuneration to any members or employees of the organization for other than expenses, a full written justification must be attached. . 8. Attach a complete report including profit and loss statement and balance sheet for the previous year. 9. If this group or organization is part of a larger group or organization, complete financial data of parent organization must be furnished. 10. Have you sought other sources or private contributions to support this program or event? If so, identify these sources. No 11. If this a fund raising program or event? Event 12. If profit is derived, how will it be used? A.S.I. General Use 13. How will this program or event be promoted? Posters, Tours, Buttons, Queen's Pageant 14. If this is to be a continuing activity or a recurring event, please attach a projection for the next five years.No projection available. Ap- proximately a 5% increase in costs each year over the previous. ------------ - - - - -- FOR CITY CLERK'S OFFICE USE ONLY ---------------- - - - - -- PROMOTIONAL COMMITTEE ACTION Date Received Date Considered Action: CITY COUNCIL ACTION Date Considered / Action: I•'-7,C Payment Method Amt. recommended to Council y / /-,--C) Amount budgeted Code Further Instructions: 1. No change in the program as regards expenditures of funds received may occur without notification and approval by the P.C.C. 2. Cooperation with the Chamber of Commerce in the promotion of this event is required. 3. Information on how to apply for tax exempt status for organizations may be obtained at your local I.R.C. office. P.C.C. 7/80 3.1 -! RESOLUTION NO. 4693 (1981 Series) A RESOLUTION OF THE CITY COUNCIL OF'THE CITY OF SAN LUIS OBISPO, GRANTING APPROVAL OF THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANTS -IN -AID FUNDS FOR A HISTORIC RESOURCES INVENTORY. WHEREAS, the Congress under Public Law 89 -665 has authorized the establishment of a National Historic Preservation.Grants -in -Aid Program, .providing matching funds to the State of California and its political sub- divisions for historic preservation, survey, planning, development, and acquisition projects; and WHEREAS, the State Department of Parks and Recreation is responsible for the administration of the program within the state, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior to submission of said applications to the state. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo hereby: 1. Approves the filing of an application for the Natural Historic Preservation Grants -in -Aid assistance for a Historic Inventory; and 2. Appoints the Community Development Director, Henry Engen, or his authorized deputy as agent of the city to coordinate, process and execute all contracts agreements, amendments and ancillary documents within the scope of the attached application; and 3. Agrees that all required local matching funds will be provided for the project. On motion of Councilman Settle , seconded by Councilwoman Dovey and on the f6llowing roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None R 4693 Resolution No. 4693(1981 Series) Historic Resources Inventory Page 2 the foregoing Resolution was passed and adopted this 15th day of December $ 1981. ATTEST: City Clerk la Vo s APPROVED: City Administrativp(,bfficer City Attorney Community velopmen irector drs F� l� ��ge� � ,� RESOLUTION NO. 4692 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE HIGUERA COMMERCE PARR SPECIFIC PLAN TO ALLOW ENGINEERING AND INDUSTRIAL DESIGN OFFICES IN THE GENERAL SERVICE COMMERCIAL SUB -AREA WHEREAS, the Planning Commission and City Council have held hearings to consider amending the Higuera Commerce Park Specific Plan in accordance with Section 64450 and following of the Government Code; and WHEREAS, the amendments have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Impact Procedures and Guidelines, and the project has been granted a regative declaration; and plan; WHEREAS, the proposed amendment is consistent with the city's general BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The determination of the Community Development Director to approve a negative declaration is hereby affirmed. SECTION 2. The Higuera Commerce Park Specific Plan is hereby amended as shown in the attached Exhibit "A". On motion of Mayor Billig seconded by Cduricilman Settle , and on the following roll call vote: AYES: Mayor Billig, Councilmembers Settle, Dovey,and Dunin NOES: None ABSENT: Councilman Griffin the foregoing resolution was passed and adopted this 14th day of`Decembe;,1981. 0 G Resolution No. 4692 Page 2 ATTEST.: , ". /" Ci y Clerk P el vloges APPROVED: Id - ig i City Attorney 1981 Series . r Community D velopment 'rector D4 t IQ Lk-1 a) +J a ra 0 Oro O U C ro a� O r-i JJ ro K a) ro ro aJ -r, •.-I w a� m 4J UU U H •ri U 3 ..ri m > m +1 4 0 0a)m r-I m a ro w a) I ri O 0 r-i roO ro0O.:ri ro A Oro ji ro 41 1.1 ro 0) cn a (D 04 a a -J . c c a) ro +.I (a a) u. a +•I m •r-I r� ,i m Z - Aroro0U?4 >(0 wwa) r-i -.I Cn c •ri a) ri m w C O ;J a) m a o a E u >, •r'1 ri a) a) o m >, -ri m -ri - 4 (a 0 C ri ro to Co -r-I a) a 0 U -H w 4J U 4 -rl 4J 1 4. a 01 u rO ri 4 a s w C m a) w w m C LL Q) +1 aJ .0 m rn ro C r-i () w dJ H E U U .,i a) >, c c ro ar ro dJ m (1) -H b 4 U •ri •ri a) 0 C U rO 4 O 4 w 4J •r1 1J > E 3 O ro C 0 • o U 41 a m> C r-I. 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Q) C ro a) 34 m Q) U ro )4 ,r. r4 E a)r-4ro Q) 44 N u ,c w ro C I•i o C s4 O E N w U 0 N ro s4 > a) U ro Q) ro •ra o EP N R. rO �4 CL a •> 4JJ 7 r. �4 4W1 4�-1 -ri - - r- 14 IA CitY 1 Ar SAn WIS OBISPO A \1 I 1p i RESOLUTION NO. 4691 (1981 SeA,es ) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO HENRY ENGEN FOR HIS SERVICE TO THE CITY AND ITS CITIZENS WHEREAS, Hewcy Engen was hi&ed by the City 06 San Luis Obispo a6 Community Deveeapmen.t-D -b ectoA in 1977 and has been invotved in ati i aspect -' 06 community peanni g since -then; and WHEREAS, Henhy's P&06es4.wnat slziM and hnowtedge 06 the .theaAy and pAactice o6 Ptanni.ng have va6tey .i.mpnoved this city's ptannin pnogAam, bene6itting community %ezidents ban yeau to came; and g WHEREAS, HenAy'a enehgy, enthusiasm and neveA- human have pnomoted the concepts 06 Aationae peann�.ng sense 06 community and have heeped b)Ling andeA to the comp icng w and o6ten and pnognams undeAtahen by the Community Deveeapment DepaAtment; and WHEREAS, Henn.y's pekzonatity and chaAizma have heeped develop a 6eeting ab cooperation and respect between peop.ee and agencies invo.eved in the deve2.opment Aev Lew process; and WHEREAS, Henry's decision to move 6nam sunny CaP,c6aAn%a to the 6AOZen 6oAest6 06 Wchigan in January 1982 is not (we Aepeat .is not) an exampee o6 his superb planning judgement. NOW, THEREFORE, BE IT RESOLVED that this councie, 6e�g P-tiv teged to have woAked with such, a competent Ptannen and a pek6on 06 such exceptiona e ,integrity, wishes to expAess .its gAat tude and appreciation to HenAy Engen 60& the seUice he has per oAmed and the standaAds 06 excettence he has set. 04 motion o6 Counciewoman Doveu seconded b and on the 6ottowing &Ott cage vote: y Counci-man Settee , AYES: COunciemembeAb Dovey, Settee, Dunin, G&i.66tn and MayoA Bit&g NOES: None ABSENT: None The 6onego.ing Re6otution was passed and adopted this DecembeA, 1981. p 14th day o6 All �°`'i �, � y=am' -� �► J : ty CteAk P eta Vogel MayoA hfetanLe C. Bieuig 0 O RESOLUTION NO. 4690 (198,1 SeA.te6) RESOLUTION OF APPRECIATION EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO WILLIAM C. HANLEY, INTERIM CITY ADMINISTRATOR, JULY 30, 1981, THRU DECEMBER 18, 19.81 Bile. Hanley came to us in a time ob need, And help ups he did .indeed. He .ins atway6 there with an can bon., t istenin.g, Making thoughtbut zugge6tiom - -oh how we'lll mi-66 him. Even, when the pnobtemi seem Zange, He :ins moat eager to a6ze66 them and quickly take change. We know it hasn't been easy, and we haven't alway6 been night, But he'6 been the jaithbut captain ob ouA 6tight. FAOm everyone up through the A nk.6 We extend, ouA hear tbet t thank6 . FoA your d.incen i ty,. wi e ingne66, hone6ty and tAw t, We want you to know we appuciate youA thkubt. You came to u8 bnom your combont in %etiAement, We appteaiate youA deviation' bnom that commitment. Bill, you've been a tAuty good 6,ti.end, We hope you'll keep in touch. The end. On motion ob Councilwoman Dovey seconded by Councilman Settle , and on the botZowdng %ott caU vote: AYES: Counc i lmembenz Dovey, Settle, Dun n., Gn i.b b.in and Mayan B-i tt i.g NOES: None ABSENT: None The bonego-ing Resolution was paaaed and adopted this 14th day ob Decembe,%, 1981. Voge.6 • its L�r . n MayoA Melanie C. - ?3itt ig RESOLUTION. NO. 4689 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPOINTING PAUL A. LANSPERY TO THE POSITION OF CITY ADMINISTRATIVE OFFICER AND PROVIDING FOR THE TERMS AND CONDITIONS OF HIS EMPLOYMENT. WHEREAS, the City Council has conducted an extensive recruitment for the position of City Administrative Officer, now held on an interim basis by William C. Hanley; and WHEREAS, based on that effort it is_the desire of the City Council to appoint Paul A. Lanspery of Fort Collins, Colorado, to the position of City Administrative Officer, and to provide for certain salary and other benefits heretofore tentatively agreed upon by this Council. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Paul A. Lanspery, presently serving as Deputy City Manager for the City of Fort Collins, Colorado, hereby is appointed to the position of City Administrative Officer for the City of San Luis Obispo. SECTION 2. In consideration of Mr. Lanspery's acceptance of the appointment made hereinabove, this Council adopts the following employment terms and conditions: A. Commencement of Employment. December 14, 1981, hereby is designated as the date of commencement of Mr. Lanspery's services, although he shall not be expected to begin work until, and, therefore, shall not earn salary until, December 21, 1981. B. Termination and Severance Pay. (i) In the event Mr. Lanspery's employment is terminated by the City Council during such time that he is willing and able to perform the duties of City Administrative Officer, then in that event the City agrees to pay him a lump sum cash payment.equal to three (3) months aggregate salary; provided, however, that in the event he is terminated for good cause shown R 4689 � Q Resolutios..No. 4689 (1981 Series) then,:.in_that event, City shall have no. obligation to pay the aggregate severance sum specified in this subsection. (ii) In the event Mr. Lanspery voluntarily resigns his position with the City., then he shall give the City Council at least one (1) month advance written notice. C salary. (i) The initial base - salary to be paid Mr. Lanspery for his services as City Administrative Officer shall be Forty -six Thousand Seven Hundred Fifty Dollars ($46,750) annually, payable in accordance with City's customary payroll practices. Such salary may adjusted by appropriate action of the City Council at any time but shall be reviewed at least annually in conjunction with evaluation(s) of his performance by the Council. (ii) In addition to the base salary, Mr. Lanspery shall receive such other benefits as may be provided in.'this:resolution and, except as modified in this resolution,,such other benefits as are provided to Council- appointed officers and department heads of the City. D.,,lOutside. Employment; " Compensatory:.T:ime -of fl. (i) Mr. Lanspery may engage in part -time teaching, consulting, or in other similar activities unrelated to City business only with the express prior approval of the Council.. (ii) It is recognized that Mr.. Lanspery will devote a great deal of his time outside normal office hours to business of the City, and to that end he will be allowed to take 'appropriate compensatory - time off during,,said normal_office.:hours. -2- U Resolution No. 4689 (1981 Series) E. Automobile. Mr. Lanspery shall have the exclusive use of an automobile provided by the City during his employment for official city business. City shall pay for liability, property damage, and comprehensive insurance and for the purchase, operation; maintenance, repair and regular replacement of said automobile. Mr. Lanspery has.the option of accepting a car allowance for his own personal vehicle in lieu of the City automobile.. If the car allowance option is exercised; it shall be in the amount of Two Hundred Dollars ($200.00) per month. F. Relocation Expenses. (i) Mr. Lanspery shall be reimbursed for all reasonable expenses of relocating, packing, and moving himself, his family, and his personal property from Fort Collins, Colorado to City, which shall include the cost of unpacking, any storage costs necessary and insurance charges. (ii) Mr. Lanspery shall be reimbursed for reasonable travel costs incurred by him for the purposes of selling his house in Fort Collins and obtaining housing in San Luis Obispo; to wit, City shall. reimburse Mr. Lanspery for coach airfare for two trips, the first round trip for him and his wife from Fort Collins to San Luis Obispo for the purpose of securing housing, the. second round trip for either Mr. Lanspery or his wife to return to -Fgrt Collins to accomplish the sale of his Fort Collins residence. (iii) Mr. Lanspery shall use his best efforts to sell his house in Fort Collins as soon as feasible.. In the event the house is not sold upon his employment with the City; City shall pay him the monthly sum of $455, and any proration thereof, until his Fort Collins residence:is sold, for a period up to four months, in recognition of his expenses in making two house payments. -3- Resolution No. 4689 (1981 Series) G. Professional Development. City shall provide funds for certain items, activities and materials deemed necessary and desirable for Mr. Lanspery's continued professional development, participation,.growth and advancement, and,L:therefore, for the good of the City. Those items, activities and materials shall include.: (i) Professional dues and subscriptions necessary for Mr. Lanspery's full participation in national, regional, state and local municipal administration- related associations and organizations of his choice. (ii) Travel and subsistence expenses for professional meetings and similar functions (eg., short courses, institutes, seminars) to foster his professional development. (The annual conference of the International City Management Association is specifically referenced here as a meeting which shall be funded) (iii) Others, as shall be agreed upon from time to time between Mr. Lanspery and the Council. H. Retirement Plan. Mr. Lanspery shall be included in the Public Employees' Retirement System (PERS). City shall pay both the "employee's share" and the "employer's share" on behalf of Mr. Lanspery. Mr. Lanspery may participate in any other retirement system of his choosing, using his own funds, so long as legally compatible with PERS. I. Vacation Leave. Mr. Lanspery will have fifteen (15) working days of vacation leave per year. Vacation leave shall be accrued without restriction as to total accrued time. Upon termination, whether voluntary or involuntary, City shall compensate Mr. Lanspery for all accrued vacation leave. -4- Resolution No. 4689 (1981 Series) J. Housing Assistance. It is recognized that Mr. Lanspery will incur increased costs associated with acquiring housing in the City. It is the intent of the City to provide reasonable assistance which will allow Mr. Lanspery to purchase housing in the City comparable to his residence in Fort Collins as part of his employment compensation. The essential objective of this assistance shall be an arrangement wherein Mr. Lanspery expends no greater a percentage of his base salary for housing in San Luis Obispo than the percentage he currently expends in Fort Collins. Mr. Lanspery and the City Council shall negotiate mutually acceptable terms and conditions of such housing assistance on an equitable basis through, but not necessarily limited to, a direct loan, a monthly differential mortgage payment, co- ownership arrangement, or the like. K. Other Terms and Conditions of Employment. (i) The City Council shall set any such other terms and conditions of employment as it may determine from time to time, relating to the performance of Mr. Lanspery, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this resolution, the City Charter or any other law. (ii) The City Council shall evaluate Mr. Lanspery's performance at least biannually under criteria established in advance of any evaluation period. L. General Provisions. It is the intent of the Council that this resolution and the appointment of Mr. Lanspery as City Administrative Officer be, in all aspects, in accordance with the requirements and provisions of the City's Charter relating to such position. If any provision of this resolution is -5 Resolution No.4689 (1981 Series) capable of two constructions, only one of which complies with such Charter, the construction that complies with the Charter shall control. If any provision of this resolution conflicts with such Charter, the Charter shall control and the conflicting provision of this agreement shall be of no effect. In that latter event, an invalid provision of this resolution shall not affect the other provisions of this agreement, it being the intent of the parties that the provisions of this agreement be severable. On motion of Councilman-Griffin seconded by Councilman Settle . and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of Dprembar, 1981. Approve : City Administrative Of 'cer City Attorney Aavil A V-\,r\ r� mu�oue? arGPe! v C' G 4on BU`s ce°%K% RESOLUTION NO. 4688 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF TRACT 937, LOCATED AT 3300 JOHNSON AVENUE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council previously made certain findings as contained in Resolution No. 4308 (1980 Series).. SECTION 2. Whereas the subdivider has satisfactorily installed the public improvements for Tract 937, and deposited $200 to guarantee minor repairs. SECTION 3. Whereas water acreage charges in the amount of $728.22 and park in -lieu fees in the amount of $6;146.60 have been received by the City, and SECTION 4. Whereas all conditions of Resolution No. 4308 (1980 Series) required prior to recordation of the final map have been met. SECTION 5. This Council grants approval of the Final Map of Tract 937. On motion, of Councilwoman Dove seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of bprember , 1981. MAYO MELANIE C. BILLIG ATTEST: V CITY tERK PAMELA VIES R 4688 o /Y) ( , City Administrati ,#k Officer ll-/� L�L City Attorney City 4giaeer �J U RESOLUTION NO. 4308 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 937 LOCATED AT 3300 JOHNSON AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:: SECTION 1. That the council, after consideration of the tentative map of Tract 937 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 plans. 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 avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements is 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. A special circumstance applies to the subdivision that warrants the granting an exception to allow more than four lots to be served by a common driveway. 9. The negative declaration filed by the Community Development Director for this project is appropriate. SECTION 2. That the approval of the tentative map for Tract 937 be subject to the following conditions: 1. Subdivider shall provide utility easements along entire property frontage on public streets, to the approval of affected utility companies and the City Engineer. 2. Subdivider shall provide easements for existing underground utilities crossing.. the property and easements for underground utilities serving all lots not fronting on a public street to the approval of affected utility companies and the City Engineer. Said easements shall be located within common driveways. R 4308 J Resolution No. 4301980 Series) Tract 937 Page 2 �J 3. Subdivider shall install an all- weather dust -free access road across sewer manhole access easement on Lot 3, to the approval of the Public Services Department. 4. Subdivider shall dedicate vehicular access rights to Johnson Avenue, except for driveway locations which are approved in conjunction with this tract map, and final tract map shall so note. 5. Subdivider shall revise parking easement on Lot 3 to provide backup area to city standards. 6. All lots shall be addressed according to an addressing plan prepared by the Community Development Department. Addresses of "deep lots" shall be posted at street frontages to approval of Community Development Department. 7. Subdivider shall provide centralized location for mailboxes, required by U.S. Postal Service. 8. The final map shall contain a note that building permits will not be permitted on Lots 8 or 9 until the existing house on Lot 8 is removed or relocated to city standards. The subdivider shall also sign a covenant agreement to the approval of the City Engineer agreeing to the above restrictions. On motion of Councilman Munger , seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Munger, Bond, Dunin and Mayor Cooper NOES: Councilwoman Billig ABSENT: None the foregoing resolution was passed and ,adopted this 28th day of October , •:1 s /LYNN R. COOPER Mayor Lynn R. Cooper ATTEST: s/J.H. FITZPATRICK City Clerk J.H. Fitzpatrick Resolution No.430�1z1SO Series) Tract 937 Page 3 APPROVED: -e.,w 4::� jw City Administrativo7Dfficer City Attorney Community. Development.Director ity E ineer u GUARANTEE to CITY OF SAN LUIS OBISPO I, the undersigned, hereby place on deposit with the City of San Luis Obispo, the sum of S 200.00 (re")9:j3J check) to guarantee: 'rmmPiPtion of sewer improvments per Tract 937 as requested in letter from Mvron.Torik dated November 23, 1981 at 3300 Johnson Avenue Lot (s) Block , Subdivision Tract 937 In event I fail to make said improvement(s) within 30 days from this date, the City is hereby authorized to use any or all of said deposit as necessary to complete such improvement(s) and refund the balance of the deposit, if any, to me. In tile. event the City has to proceed with said improvement(s) and the lowest responsible bid exceeds the deposit, then I agree_ to deposit such additional amount within 2 days after notice thereof. It is understood the entire deposit shall be refunded to me provided I make said improvements prior to 30 days from this date. S !2Y / //,z 3 /')� a + / /` Date r r= � � ».�� O �� ���z�, (�1 c� r aue2- P. �L�j\ O W �� :. t RESOLUTION NO. 4687 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF TRACT NO. 807, LOCATED AT 1260 ELLA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council previously made certain findings as contained in Resolution No. 4573 (1981 Series). SECTION 2. Whereas a bond in the amount of $33,250.00 is on file with the City to guarantee completion of certain subdivision requirements as stated in the subdivision agreement, and SECTION 3. Whereas all conditions of Resolution No. 4573 (1981 Series) required prior to recordation of the final map have been completed or bonded for, SECTION 4. This Council grants approval of the Final Map of Tract No. 807. On motion of Councilman Settle seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this lst day of December , 1981. MAYO 1 .LANIE CIBI LI G ATTEST: V CITY LERK PAMELA VO S R 4687 U APPROVED: City Attorney City Eng" r FA RESOLUTION NO. 4686 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF MINOR SUBDIVISION SLO -80 -141, LOCATED AT 1340 SYDNEY STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council previously made certain findings as contained in Resolution No. 4316 (1980 Series). SECTION 2. Whereas water acreage charges in the amount of $193.37 and park -in -lieu fees in the amount of $1,787.86 have been received by the City, and SECTION 3. Whereas all conditions of Resolution No. 4316 (1980 Series) have been met. SECTION 4. The final map shall show a new lot line dividing Parcel A and Parcel B at 108 feet from street property line. SECTION 5. This Council grants approval of the Final Map of Minor Subdivision SLO -80 -141. On motion of Councilman Griffin , seconded by Councilman n„n;n , and on the following roll call vote: AYES: 'Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of naramhar , 1981. 0. YOR ELANIE C. BILLIG ATTEST: —, Z4 d' CIT4 CLERK PAMELA t GES R 4686 APPROVED: City Attorney City EngfF eer RESOLUTION NO. 4316 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 80 =141; LOCATED AT 1340 SYDNEY STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:. SECTION 1. That.this council, after,consideration of the tentative map of Minor Subdivision No. 80 -141 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. R -1 zone. 3. The design is not likely to cause substantial environmental damage or cause serious public health problems. 4. 'The design of the proposed subdivision will not conflict with public easements for access through; or use. of property in the proposed subdivision. 5. The negative declaration environmental determination granted the project is appropriate. SECTION 2. That the approval of the tentative map for Minor Subdivision 80 =141 be subject to the following conditions: 1: Subdivider shall prepare a common driveway agreement for all lots using the proposed driveway and submit it to the city for approval and recordation prior to final map approval.. Said common driveway agreement shall be con- sistent with provisions in the city Zoning Regulations for same. Final map shall show an easement over the common driveway. 2. Subdivider shall construct a 16 -ft. wide paved driveway, consistent with the tentative map in the event said driveway'is not constructed as part of parcel map 79 7169. 3. Final map shall be revised to .show new lot line dividing parcel A and parcel B at 117 feet from street property line to be consistent with parcel map 79 -169. 4. A note shall be placed on the final map.stating that ;a site plan for the development of parcel A shall be approved by the City Community Development Director to ensure compatibility with development of adjacent lots. 5; Drainage. improvements to the satisfaction of the City Engin�516 Resolution No. 431 ( 40 Series) MS. 80 -141 Page 2 On motion of Councilman_Dunin_ seconded by Councilwoman_Billig_ and-on the following roll call vote; AYES: Councilmembers Dunin, Billig, Bond, Munger and Mayor Lynn Cooper NOES: None ABSENT: None the foregoing resolution was passed and adOfted% this 18th day of 1980. . Cooper ATTEST: City c J.H. Fitzpatrick APPROVED: City dmi"rstr " f v " 'Of ficer. City Attorney Community -evelopm n Director m If Pe!.�Tso� _� / t2ly O 0 RESOLUTION NO. 4685 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF MINOR SUBDIVISION SLO -79 -152, LOCATED AT 1256 GALLEON WAY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council previously made certain findings as contained in Resolution No. 4015 (1979 Series) SECTION 2. Whereas park in -lieu fees in the amount of $6,447.36 have been received by the City, and sewer acreage charge in the amount of $670.99, and SECTION 3. Whereas all conditions of Resolution No. 4015 (1979 Series) have been met, SECTION 4. This Council grants approval of the Final Map of Minor Subdivision SLO -79 -152. On motion of Councilman Griffin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Mayor Billig NOES: Councilman Dunin ABSENT: None the foregoing Resolution was passed and adopted this lst day of December , 1981. �e M MELANIE C. BILLIG ATTEST: CITY tLERK PAMELA VO S R 4685 APPROVED: City Attorney ity Engi er V RESOLUTION NO. 015(1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -152, LOCATED AT .1256 GALLEON MAY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision No. 79 -152 and the Planning Commission's recommen- dations, staff reports thereon, makes the following findings: (1) The tentative map::is consistent with the general plan and sped -fied plans. - (2) The design and improvements of the proposed subdivision are consistent with the general plan and specific plans. (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 substanr tially avoidably injure fish or wildl.ife or their habitat. (6) The design of the subdivision or the type of improvements are not likely to cause public health problems. (7) The design of the subdivision or the type of improvements will not conflict with easements, for access through or use of property within the proposed subdivision'. SECTION 2. That the approval of the tentative map for Minor Subdivision 79 -152 be subject to the following conditions: (1) Tract corners shall be set by a registered civil engineer or land surveyor. (2) A registered civil engineer or land surveyor shall certify that the structures are located correctly prior to release of structures for occupancy. (3) All utilities shall be underground. (4) If sewer service to each unit is to be provided by extension of the Public sewer main, said main shall be six inches in diameter and constructed to city standards and easements shall, be granted to the city subject to approval of the City Engineer. Sewer main shall be at least ten feet from water lines and five .feet from retaining walls With no restrictions to access. Sewer may be private and shall- be four inches in diameter minimum.. R 4015 ti 11 l Resolution No. 401 .J J (1979 Series) Tentative Minor Subdivision No. 79 -152 page 2 (5) Subdivider shall install indi:vidaully'metered water service to each dwelling unit. Meters shall. be clustered in sidewalk at property frontage. (6) Subdivider shall pay park in -lieu fees prior to final map approval. (7) Conditions; covenants and' restrictions shall be.approved by the City Attorney and Community Development Director. CC &Rs shall contain the following provisions: a. Creation of a homeowners association to enforce the CC &Rs and provide for professional, perpetual maintenance of all common area including driveway, landscaping and all building exteriors in a first class condition. b. Grant to the City of San Luis Obispo the right to maintain common area if the homeowners association fails to perform and assess the homeowners association for expenses incurred. C. No parking on the site except in approved designated spaces. d. Grant to the City of San Luis Obispo the right to tow away vehicles, on a complaint.basis, which are parked in unauthorized places. e. No outside storage of boats, campers, motorhomes and trailers, nor long -term storage of inoperable vehicles. f. No outside storage by individual units. g. Homeowners association to provide for maintenance and repair of private sewer and water lines. h. No change in city required provisions of CC &Rs without prior City Council approval. (8) Subdivider shall soundproof the interior of the dwelling units to a 45 db level consistent with general plan noise element. (9) All on -site driveways, nonstructural improvements, and utilities shal l . be installed as subdivision improvements. (10)- Final map shall note common lot area as a blanket utility easement acceptable to the utility companies and City Engineer. (11) Subdivider shall install street trees to the of the Public Services Department. (12) Subdivider shall pay sewer and water charges as determined by the City Engineer prior to final map approval. (13) This resolution shall be effective upon the effective date of Ordinance No. 828, rezoning this property from R -2 to R -2 -PD. In the event Ordinance No.. 828 is not effective on or before December 20, 1979, this resolution shall expire. The tentative map hereby approved shall expire 12 months from the date of adoption of'this resolution, unless extended by later action of the Council: r� Resolution No. 401 (1979 Series) Tentative Minor Subdivision No. 79 -152 Page 3 -0n motion of Councilman Dunin seconded by Mayor Cooper , and on the following roll call vote: AYES: Councilman Dunin, Mayor Cooper, Councilmembers Bond and Jorgensen NOES: None ABSENT: Councilwoman Billig the foregoing resolution was passed.and adopted this 6th day of November 1979. sILYNN R. COOPER Mayor Lynn R. Cooper ATTEST: W.H. FITZPATRICK City Clerk J.H. Fitzpatrick APPROVED: City Administrative OffiOtsr City Attorney Communit y 0 - velo1 p me� nt Director City Engineer - . FO1 � r�rsev� MuVCk 2 i RESOLUTION NO. 4684 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETVTEEN THE CITY AND FRED FIGONE FOR SEWER FARM GRAZING LEASE 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 Fred Figone 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: Fred Figone City Finance Director, and Director of Public Services. On motion of Councilman Dunin seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was, passed and adopted this is t day of December 1981. ATTEST: — '�Zv' 44ZZ'4�- CITY C ERK PAMELA VOGES * �t APPROVED: R 4684 0 Resolution No. 4684 City Attorney (1981 Series) U G LEASE AGREEMENT - SEWER FARM FIELDS This lease, made and executed this 1st day of December , 1981, is by and between the CITY OF SAN LUIS.OBISPO, a municipa.l.corporation, hereinafter referred to as "City ", and FRED D. FI.GONE hereinafter referred to as "Lessee WITNESSETH: The City hereby leases to Lessee, for grazing purposes only and on the following terms and conditions: 1. The Lease shall be for four (4) years, commencing on January 1, 1982, and terminating on December 31, 1985. Approximately 41.96 acres will be available (including 8.50 acres of Gudel Property). 2. The rental shall be TEN DOLLARS AND TWENTY FIVE CENTS ($10.25) per acre per month, payable in advance the first of every month, commencing with January 1, 1982, providing that City may, from time to ;time, withdraw all or any portion of the fields by giving thirty (30) days.notice to Lessee. The rental payment shall be based on the acres available each month during the term hereof. 3. The premises leased are located in the City of San Luis Obispo, County of San Luis Obispo, State of California, adjacent.to the City's sewage treatment plant, as shown on the attached map marked Exhibit "A" and incorporated herein by reference, and includes a portion of the land known as the " Gudel Property." 4. Lessee agrees to place the effluent generated by said plant on the i fields in accordance with directions given by the City and further understands that the City reserves the right, without notice to Lessee, tlo discharge water from its sewage disposal plant or sewage from its sewer system upon said land at any time, which water or sewage may or may not be chlorinated. Water shall not be allowed to stand or pond and must be kept from adjoining property at all U _ Z times. Particular care must be exercised to avoid standing water or . excessive irrigation. S. Lessee hereby waives all claims against City for damaged goods and animals in or about said premises and for injury to Lessee, his agents, or third persons in or'about said premises from any cause arising at any time, and Lessee holds City free and harmless from any damages or injuries to any person or property arising from the use of the premises by Lessee. Lessee shall obtain and keep current a liability insurance policy with not less than $50,000 property damage coverage for each person on account of any one occurrence,. and personal injury coverage or not less than $100,000 for each person and $300,000 for each occurrence, with i thirty (30) days notice to the City for cancellation or modification of insurance. i 6. Lessee agrees to use good grazing practices and tomove his or her animals to designated portions of the premises if requestedlto do so by the City and understands that the City shall have the right to determine the number of animals the pastures can handle. 7. Lessee agrees to eradicate and control weeds on the land before they go to seed, especially spiny -clot burr, thistles, hemlock, or any other type of plant that extends above tha normal growth of pasture. In the event Lessee fails to remove said weeds, then upon ten (10) days written notice by the Director of Public Services, City may remove the weeds by contract or with City forces., and Lessee shall pay all costs thereof within thirty (30) days after receiving notice of such cost from the City. S. Lessee agrees to construct and maintain fences and gates at such locations as are designated by the City, with material provided by City In the event Lessee desires to erect additional fences, then upon approval of the Director of Public Services, Lessee, at Lessee's sole expense, may 0 0 - 3 - install such approved additional fences. Upon termination of this. Lease, the Lessee shall remove said fences if required by the City. 9. Lessee agrees to repair and maintain all pasture berms, effluent lines, risers, lids, stems and other such appurtenances as directed by City. 10. Lessee agrees to repair, install and maintain adequate water lines, shutoff valves to the water troughs and to construct and maintain a corral large enough to dry feed the animals during the rainy season, subject to the approval of the Director of Public Services. 11. Lessee's use of roads and sewer plant area is subject at all times to the prior approval of the Director of Public Services.. 12. City agrees to provide access from Higuera Street �o the 8.50 acres known as the.Gudel Property. 13. Lessee shall not sublease the premises or any part thereof without prior written approval of the City Council. Usage of the I-nd by more than one species of animal at.a time must be approved by the Director of Public Services. 14. Lessee shall provide the Director of Public Services with a tele- phone number for contact at all times in the event of any emergency, including without limitation, broken fences or berms, ponding, trespassers, unfed cattle and overflowing water troughs. 15. This lease may be terminated and cancelled by the City if the City Council, at its sole discretion, determines that such termination is in the best interest of City. Said termination shall be effective thirty (30) days after such determination, with.written notice to Lessee, and�iLess.ee shall not be entitled to damages or other reimbursement as a result of such termination. 16. Written notice under this agreement may be given by either party to the other, and shall be effective upon the deposit in the U.S. Nail of • o _ 4 _ certified or registered letter addressed to the other party at the address below: CITY: City Clerk City Hall P.O. Box 321 San Luis Obispo, CA 93406 LESSEE: Fred D. Figone 5447 Capistrano Avenue Atascadero, CA 93422 IN WITNESS WHEREOF, the parties hereto execute this lease in duplicate, on the date first written above. LESSEE: by FRED D. FIGONE by LESSOR'. City of San Luis Obispo C"�Ct by �. DIAYO LANIE C. BILLIG ATTEST: CITY CLERK PAT, LA VO ES APPROVED: City Administrative 707icer Director of Public Services City Attorney , 1, � ". � - , .. .. z �, 2 U� r 00 Vii• <.� ° , .� -f �> .1.� � "��_ .. _ .�.._.. -. _.. _,. ,. �._� _�._ :J �_�- _. ___ - cl etin r "�N C% RESOLUTION NO. 4683 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING PREAPPLICATION FOR AN UMTA SECTION 3 GRANT TO BUILD A BUS OPERATIONS DIAINTENA14CE YARD. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. To authorize preapplication-for a U"TTA Section 3 grant to build a bus operations maintenance yard. SECTION 2. To authorize the Public Services director to sign and execute all pertinent documents regarding this preapplication and the eventual formal application. On motion of Councilman Griffin seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None N the foregoing Resolution was passed and adopted this 1st day of Q.ecember , .i 1981. AMMV0M. Public Services Director R 4683 J • � Y PRE. >PPLICATION FOP FEDERAL a;;ISIANCE 1 Ufa:^ l;lgr mghnu se Idrnbrr. I ?. Awl¢arn's Apohcabon No, no be completed by UM Al PART I S. Fwere. Aeencr' _ e. Apol., and Name Deportment of Trcntporfolion City of San L71ic Obit;pn D.•yaammt Oiri�ion l Drgamiahenal Unrt ftbcn Moss TrOnsportolion A(,fminif1rcfi0M P.O. BOX 321 `: n en Ad-11 n — V.O. Be. A d min . v ar •. r Ol lice Two Embarcadero Center, Suite 620 San Luis Obispo, San Luis Obispo Strwt L:.d.e+s — P.O. Bu• C.tv Count, San Francisco, CA 94111 California 93406 City Slate Lv Code $tau Zip Code 5. De ,,Vtnj Name of the Vrolecl - - Bus Operations Yard 6. F edenal Catalog No'. 7. Federal Funding Needed 20.500 5 886,240 8. G nt" Type X Stott, County, CiTy. Otnrr Mwoc_Ivl 9. Tvpr of Assistance x Grant, loan, Other Mpecityl 10. Porulat.pn 0.4wily Benefiting tram the Pro*l LGngib car Protect 86,400 112. 12 months 11. Cor.g'rew.onal Drat:ict 13. Cr;•nning Date ..16th California I October 1 1982 b. - 16. Data of Application 16th California December 1, 1981 15. TM applicant certifies that to vie hest at his Fnoy.bb ge and belief, thr'ata in this prea°Pl.ulion a,r ,rue and Corr;;,_ .no me f ttLnq pf •n, preappfrcaUOn ha: be.:n Ge:v authorized by .he yu.ernin2 body of the applicant. i Treed r•ane I Inlr David F. Romero Public Services T`l'0 " "n' """" ' AREA COD[ NUMBER EXT. S�gnatwr of luthwi, did r.v..vnvur• 805 541 -1000 51 For Federal Use Only __ J • 6 PREAPPLICATION FOR FEDERAL ASSISTANCE II I JMO NU. r:: AIJ 1B1 PART II — PROJECT BUDGET FEDERAL ALOG, NUMBE R lal TYPE OF ASSIS7ANCE LOAN, GRANT. ET.C_ -- �a1 TOTAL Icl 1 20.500 grant 886,240 2. 3. 4.. 5. 6. Total Federal Contribu:io,• S 886,240 7. State Contribution 8. Applicant Contribution 221,560 9: Other Contributions 10, Totals S 1,107,800 PART III — PROGRAM NARRATIVE STATEMENT Attach sepa,at-• sheets to describe Project activities as specified in instructions. 0 • PART III - PROGRAM NARRATIVE STATEMENT O 1. PROJECT DESCRIPTION The City of San Luis Obispo wants to build a bus operations yard on a city -owned 2.5 acre parcel located within 2 blocks of the Highway 101 interchange at Prado Road. 1 I 1 I 1 1 I � 1 1 1 1 I I ^. Y I II 1 I PROJECT LOCATION City Of San tuts OBISPO De ✓4N TMENT D[ GOMM VNIT V DE V E LO.MEAT 990 ..1- 91. / ✓.o.... an, S, L.... 0...... Gn 99.0d 10051 S.t..000 Improvements will include an 11,000 square foot building; paved parking, washing and fueling areas; fuel tanks and pumps; washing equipment; fencing; landscaping and irrigation; and required utilities. I 1 u 2. TRANSPORTATION SYSTEM DESCRIPTIONS SAN LUIS OBISPO MUNICIPAL TRANSIT San Luis Obispo Municipal Transit is owned San Luis Obispo. A private transportation vehicles) provides vehicle operations under administers policy and finance. • and operated by the City of company (which owns the contract while the city Using six vehicles (including back -up) S.L.O. Municipal Transit conducts fixed -route service within the San Luis Obispo city limits and to California Polytechnic State University, which lies adjacent to the city on the north. On weekdays between 7:00 a.m. and 7:00 p.m. buses run at half -hour intervals along four loops which serve four distinct areas of the city. In addition, during peak hours on school days a bus shuttles at half -hour intervals between City Hall (the main transfer point) and the university. On weekends and holidays between 9:00 a.m. and 5:00 p.m. buses run at one -hour or two -hour intervals along the four loops. During fiscal year 1980 -81, S.L.O. Municipal Transit carried 325,501 passengers (mostly college students and elderly people) over 172,050 vehicle service miles and 12,842 vehicle service hours. In fiscal 1980 -81, fares accounted for 24 percent of the revenue required for operations, city general fund money accounted for 29 percent , and state Transportation Development Act money accounted for 47 percent. NORTH COASTAL TRANSIT North Coastal Transit is owned and operated by North Coastal Transit Authority ( a joint powers _ agency comprised of the City of Morro Bay, the City of Atascadero, the City of San Luis Obispo, the County of San Luis Obispo, and the San Luis Obispo County Community College District. The same private transportation company which provides vehicle operations on S.L.O. Municipal Transit also provides vehicle operations under contract for North Coastal Transit. The City of San Luis Obispo provides administration of policy and finance. Using four vehicles (including back -up) North Coastal Transit conducts fixed -route service in northern San Luis Obispo County. On weekdays between 7:00 a.m. and 7:00 p.m. a bus runs at two -hour intervals along the corridor between San Luis Obispo and Morro Bay. On school days between 7:30 a.m, and 4:30 p.m. a bus shuttles at two -hour intervals between San Luis Obispo and Cuesta College, a community college about 5 miles north of San Luis Obispo. On weekends and holidays at 8:30 a.m. and 4:00 p.m. a bus makes a round trip between San Luis Obispo and California Men's Colony, a state penitentiary. Starting in January 1982, on weekdays between 7:00 a.m. and 7:00 p.m. a bus will make two round trips between San Luis Obispo and Atascadero. During fiscal year 1980 -81 North Coastal Transit carried 86,176 passengers over 72,467 vehicle service miles and 4,050 vehicle service hours. In fiscal 1980 -81, fares accounted for 43 percent of the revenues required for operations, Cuesta College general fund money accounted for 4 percent, and state Transportation Development Act money accounted for 53 percent. 3. PROJECT BENEFITS • The fleet and facilities which belong to the vehicle operator are tired, inadequate and due for replacement: If the vehicle operator replaces these capital items and passes the cost on through higher contract costs, fares must rise to a level which would eventually jeopardize continued operations. This passing on of capitalization costs would bring an increase in vehicle operations cost of 50 percent on S.L.O. Municipal Transit and 85 percent on North Coastal Transit. Since state law (Transportation Development Act) requires that these systems maintain a constant ratio of fare revenue to operating costs or face the loss of state money, fare revenue would have to rise 50 percent on S.L.O. Municipal Transit and 85 percent on North Coastal Transit. Trying to bring fare revenues up that much in the short run would prove futile, and the resulting loss of state money would necessitate a drastic reduction of service. To prevent this scenario, the city has decided that over the next five years it should obtain grants to purchase a fleet and a bus operations yard. In this way, it can lift the burden of capitalization from the vehicle operator, avoid fare increases, and insure the continued health of both S.L.O. Transit and North Coastal Transit. The city has begun the process of building a fleet by obtaining U.S. Department of Transportation Section 18 grants to purchase four new coaches. The next step is obtaining money to build the bus operations yard. Besides helping the city to avoid fare increases, a bus operations yard will ensure adequate facilities to maintain the new larger, more sophisticated buses that the vehicle operator will run. • • 4. ESTIMATED COSTS LAND $195,000 SITE PREPARATION Access Road $ 31,200 Clearing and Grubbing 5,400 Filling and Grading ' 729200 Paving, Sealing and Striping 57,900 Curbs and Sidewalks 27,000 Storm Drainage 5,000 Utilities 31,300 Fencing and Gates 15,900 Landscaping and Irrigation 22,200 Security Lighting 14,400 Trash and Solvent Storage 4,200 Bus Washer 423000 Fueling and Inspection Dock 66,000 394,700 BUILDING Administration Area (2,000 sq. ft.) $ 118,800 Maintenance Area (9,000 sq. ft.) 220,800 Hydraulic Lift 14,400 Inspection /Maintenance Pits 13,200 Fixed Equipment 6$00 373,500 CONTINGENCIES 77,000 SOILS INVESTIGATION 3,900 TESTS /INSPECTIONS 6,100 ARCHITECTURAL /ENGINEERING FEE 57,600 TOTAL $1,107,800 Estimated costs assume construction in 1982 -83 and an annual price escalation of 8 percent. 5. FINANCING FROM FARE REVENUES Since currently all fare revenues must necessarily be applied to operating costs, the city cannot anticipate what fare revenues might become available for this project.. The state Transportation Development Act requires that S.L.O. Municipal Transit maintain a fare revenue to operating cost ratio of 24 percent. Any fare revenues above an amount equal to 24 percent of operating costs which are realized before grant= disbursement.will be placed in a transit capital reserve and applied to this project. • • 6. FINANCING FROM SOURCES OTHER THAN FARE REVENUES The city anticipates that the total project cost of $1,107,800 must be financed from sources other than fare revenues. $886,240 (80 %) will come from federal assistance. The remaining $221,560 (20%) local share will come from these sources: Provision of city -owned land $ 195,000 State Transportation Development Act (SB325) money 26,560 $221,560 a O O 7. EFFORTS TO OBTAIN OTHER FINANCING U.S. DEPARTMENT OF TRANSPORTATION SECTION 18 MONEY The State of California Department of Transportation (CALTRANS) has informed the city that no U.S.D.O.T. Section 18 money is available for construction of a bus operations yard. STATE TRANSPORTATION DEVELOPMENT ACT (SB325) MONEY The city's Transportation Development Act (SB325) allocation is budgeted primarily for transit operating costs. Beginning with the fiscal 1981 -82 allocation, the city will budget $60,000 per year in a transit capital reserve to buy and maintain equipment and facilities. A portion of this reserve will help cover the city's local share, but most of the money is targeted for new rolling stock. STATE TRANSIT ASSISTANCE ACT (SB620) MONEY The San Luis Obispo County Area Council of Governments has informed the city that no state Transit Assistance Act (SB620) money is available for construction of a bus operations yard. • 8. PERTINENT AGENCIES AREAWIDE PLANNING AGENCY: San Luis Obispo County Area Council of Governments (SLOCOG) 2156 Sierra Way San Luis Obispo, CA 93401 (805)549 -5710 Chief Executive Officer: Paul Crawford, Secretary TRANSIT OPERATING AGENCIES: San Luis Obispo Municipal Transit (City of San Luis Obispo) P.O. Box 321 San Luis Obispo, .CA.93406 (805)541 -1000 x 51 Chief Executive Officer: David F. Romero North Coastal Transit (North Coastal Transit Authority) P.O. Box 321 San Luis Obispo, CA 93406 (805)541 -1000 x 51 Chief Executive Officer: David F. Romero Atascadero Dial -A -Ride (City of Atascadero) 6500 Palma Avenue Atascadero, CA 93422 (805)466 -8000 Chief Executive Officer: Murray Warden Morro Bay Dial -A -Ride (City of Morro Bay) 695 Harbor Blvd. Morro Bay, CA 93442 (805)772 -1214 Chief Executive Officer: John Bressan Morro.Bay- Cambria Transit (County of San Luis Obispo) County Courthouse San Luis Obispo, CA 93401 (805)549 -5252 Chief Executive Officer: George Protopapas • 9. TRANSIT DEVELOPMENT PROGRAM 1] On September 17, 1981, the San Luis Obispo County Area Council of Governments adopted a Transit Development Program which addressed the issues raised in Urban Mass Transportation Planning Requirements Guide. Since S.L.O. Municipal Transit and North Coastal Transit together offer more than .60 percent of all transit service in the San Luis Obispo County region, the Transit Development Program recommends that future regional transit expansion should be administered by North Coastal Transit. This program further recommends that,a regional bus maintenance and dispatch yard be built. 0 0 10. CONTINUED PUBLIC CONTROL The City of San Luis Obispo, as administrator of S.L.O. Municipal Transit and North Coastal Transit, will directly control the use of the bus operations yard. 11. ADVERSE EFFECTS ON EMPLOYEES Building the bus operations yard will not cause displacement or relocation of any transportation system employees in the San Luis Obispo County region. Rucu � �onf, a RESOLUTION NO. 4682 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RATIFYING AMENDMENT NO. 2 TO JOINT POWERS AGREEMENT FOR NORTH COASTAL TRANSIT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. To ratify Amendment No. 2 to Joint Powers Agreement for North Coastal Transit. SECTION 2. To authorize the mayor to execute the amendment documents for the city. Ch motion of Councilman Dunin seconded by Councilman Settle and on the following roll call vote:. AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passedrand adopted this lst day of December ATTEST: C ITY AME A VOGJU 1981. Z�'Azo-'6 Public Services Director R 4682 AMENDMENT %O. 2 TO JOINT POWERS AGREEMENT NORTH COASTAL TRANSIT The CITY OF MORRO BAY, the CITY OF SAN LUIS OBISPO, the COUNTY OF SAN LUIS OBISPO, the SAN -LUIS OBISPO COUNTY COMMUNITY COLLEGE DISTRICT., and the CITY OF ATASCADERO agree that WHEREAS on January 12, 1979, in order to operate public transit service, the City of Morro Bay, the City of San Luis Obispo, and the County of San Luis Obispo entered into a joint powers agreement, ,a copy of which is attached and incorporated by this reference; and WHEREAS on August 16, 1979., the San Luis Obispo County Community College District entered into this joint powers agreement by Amendment No. 1, a copy of which is attached and incorporated tv this reference; and WHEREAS the San Luis Obispo County Area Council of Governrents has asked North Coastal Transit to operate public transit service in the corridor between the cities of Atascadero and San Luis Obispo; and WHEREAS the San Luis Obispo County Area Council of Governments has pledged a,grant of $60,000 in SB620 State Transit Assistance money to start up operation of this service; and WHEREAS not providing this service could jeopardize the allocation of Transportation Development Act (SB325) Local Transportation Fund money to the City of Atascadero, the City of San Luis Obispo, and the County of San Luis Obispo; and WHEREAS the increased sharing of overhead costs will benefit all member agencies; NOW these parties shall amend the attached agreement as follows: i SECTION 1. The City of Atascadero shall be an equal partgeer and party to the attached agreement and shall be subject to all ri -hts, liabilities_, obligations and conditions of the agreement, except as ' • Q specified in this amendment. SECTION Z. The agencies participating in the North Coastal Route (operated in the corridor between the cities of Morro Bay and San Luis Obispo) are the City of Morro Bay, the City of San Luis Obispo, and the County of San Luis Obispo. The agencies participating in the Atascadero -San Luis Obispo Route are the City of Atascadero; the City of San Luis Obispo, and the County of San Luis Obispo. The agencies participating in the Cuesta /CMC Route ( "Cuesta Shuttle ") are the City of San Luis Obispo, the County of San Luis Obispo, and the San Luis Obispo County Community College District. SECTION 3. Before either the end of the twelfth month of operating the Atascadero -San Luis Obispo Route or the expenditure of the $60,000 startup grant (whichever comes first) and in consultation with the San Luis Obispo County Area Council of Governments, the North Coastal Transit Board of Directors shall determine if there exists a need for such a transit service. If the Board determines that a need does not exist, then North Coastal Transit shall cease operating this service and Section 1 of this amendment shall be rescinded. SECTION 4. This amendment shall become effective on ratification by the governing boards of all member agencies. The amended agreement shall be dated and shall become effective oa the last date of ratification by a member agency. SECTION 5. Except as am ended 'here, the agreement shall_ remain unchanged and in full force and effect. i CITY Or" MORRO BAY BY: HAY0 R ATTEST: DATE: CITY CLERK Y OF SAN LUIS OBISPO w BY: ✓ i YOR LAN C. BILLIG ATTEST: DATE CI7 CLERK P IELA V GE COUNTY OF SAN LUIS OBISPO BY: CHAIRMAN, BOARD OF SUPERVISORS ATTEST: LERK OF THE BOARD OF SUPERVISORS ATTEST: CLERK OF THE BOARD OF SUPERVISORS ATTEST: CITY CLERK DATE: f ,i SAN LUIS OBISPO COUNTY COMMUNITY COLLEGE DISTRICT. BY: CHAIRMAN, BOARD OF TRUSTEES DATE: CITY OF ATASCADERO BY: MAYOR DATE: APPROVED AS TO FORM AND rE,GAL EFFECT: , JOINT M%ERS AGREE`.1ENT NORTH COASTAL TRANSIT This Agreement, by and between the Cities of Morro Bay and San Luis Obispo, and the County of San Luis Obispo, is hereby entered into pursuant to Section 6500 et seq. of the Government Code of the State of California. ARTICLE I GENERAL PROVISIONS SECTION 1: PURPOSES. The purpose of this Agreement is to exercise the common powers of the member agencies by the formation of a Joint Powers Agency with full power and authority to own, operatq and administer a public transportation system within the territory over which the Joint Powers Agency has jurisdic- tion. (See map attached hereto as Exhibit A). SECTION 2: NAME. The legal name of the Joint Powers Agency shall be "North Coastal Transit ". SECTION 3: P0WERS. The Agency shall have all powers necessary to carry out the purposes of this Agreement, except the power to tax. The power to expend funds shall' be limited only by the availability of funds as set forth in Section 1 of Article III, Financial Provisions of this Agreement. The powers of the Agency specifically include, but are not limited to, the following: a. To operate a public transit system to serve the Highway 1 Corridor between the Cities of Morro Bay and San Luis Obispo including the Baywood -Los Osos Area, as is shown on the map attached hereto as Exhibit A. b. To sue and be sued. C. To employ agents, employees and to contract for professional or other services. d. To make and enter into contracts including labor and emDlovment contracts. e. To acquire, convey, construct, manage, maintain and operate buildings and improvements. f. To acquire and convey real and personal property. g. To incur debts, liabilities and obligations. h. To apply for and execute contracts of financial assistance from state and federal agencies and to obligate the agency to opefate the improvements, equipment, or trans- portation system in accordance with the terms and conditions of said financial assistance. i. To purchase necessary insurance. SECTION 4: AGENCY IS A PUBLIC LEGAL ENTITY. The Joint Powers Agency, North Coastal Transit, is a public entity duly formed and existing under the laws of the State of California. It is a separate and distinct legal entity from its member agencies. The debts, duties and obligations created pursuant to this Agreement, or those • created pursuant to previous Agreement, shall be solely thq obligation of the North Coastal Transit and not t'zose of its member agencies or of officers, employees, members of the Board of Directors or members of the member agencies. ARTICLE II ORGANIZATION SECTION 1: BOARD OF DIRECTORS. The powers of the agency are vested in its Board of Directors. The Board of Directors shall be composed of one representative from each member agency.. Each member of the Board of Directors shall have one vote. Each member agency.. shall appoint one regular member and one alternate member to the Board of Directors, and shall notify the agency in writing of their appointments or of any change of represen, tative. The representative shall serve solely at the pleasure of the appointing member agency. Representatives shall be• either elected officials or officers or employees of the member agency. SECTION 2: MEETINGS- VOTING QUORUM. The Board shall establish a time, place and date for a regular monthly meeting. Regular meetings may he adjourned from time to time. Special meetings may be called'by the Chairman or upon written request of any two members of the Board. Members shall be give.n . at least 48 hours written notice of special meetings, provided however, the represen- tative of any member may waive said notice. A majori tv o` the members shall cons t-itute a c::or, -,- or the transaction of business. 2 - Unless specifically limited by this Agreement, the vote of a majority of the members present at any reaular, ad- journed or special meeting shall be sufficient to act upon any matter. SECTION 3: ,OFFICERS. The Board shall elect a Chairman and Vice - Chairman, and the Vice - Chairman shall act in the absence of the Chairman. The Board shall also elect such other officers as deemed necessary. All officers shall serve for a term of one year from the date of their election or until their successors are elected. The Chairman or Vice- Chairman is authorized to execute all documents in the name of the Agency. SECTION 4: ADMINISTRATION. The Board may, in its discretion, appoint an adminis- trator of the transit system, to serve at the pleasure of; the Board, and to have the power to certify agency documents as required by lay: and to assume such duties and responsibi- lities as the Board may direct. SECTION 5: NEW MEMBERS. The Board may accept new members to the Agency on such terms and conditions as the Board may prescribe. SECTION 6: CHANGE OF BOUNDARIES. The boundaries of this Agency are subject to change, as set forth upon Exhibit "A" attached hereto and made a part of this Agreement and incorporated herein by reference. If any portion of the unincorporated area of the County is annexed to a member city, that annexed.portion shall auto- matically be included within the boundaries of this 1gency and the said member city shall assume any obligatia;:; of the County as to that area. If a new city should be fc_ -:ed in any portion of the unincorporated area of the County prest-ntly included within the territory of this Agency, and if such a new city should become a party of this Agreement, then the affected area shall be the responsibility of the new city and the County shall not be responsible for any obliaaticns on account of the area so included within the new city as of the effective date of the incorporation of the new city. The boundaries of this Agency shall be adjusted to reflect annexations or new incorporations as set forth hereinabove. ARTICLE III FINANCIAL PROVISION SECTION 1: BUDGET - LI.•IITATION OF FIid ANCIAL CCi•l lI': iE T . The Board shall establish the fiscal year for the Agency and shall, prior to the commencement.of each fiscal year-, adopt an annual budget. The bucket may additionally carry funds for future fiscal years where necessary to reflect oblidations under stare or federal fundinc acree- ments, to the extent allowable by California law. The Board shall not obligate the Agency to expenditures without express approval of the legislative bodies of the member acencies. No member Agency shall he required to expend any of its general fund monies to support the opera- tions of the Agency, unless said e;�penditure is first appxoved by the legislative body of the member agency. The operation of the transit system shall be locally funded frc'm SE 325 monies or from grant monies, and from revenues derived from operations. Each member shal -1 make an annual contribution to the agencv for funding the adopted budget. The formula, - for the first year of operation will consider population of the area served and estimated daily passenger mikes eminating from the members' jurisdiction. In subsequent years, daily passenger miles will be determined from periodic onboard passenger surveys. One half of the systems cost `,All be funded according to population, the.remaining. half accordina to estimated passenger miles.. The population percentages shall be based annually on figures prepared from;SB 90 estimates of the State Department of.Finance. SECTION 2: EXPENDITURES. The Board may establish procedures and policies to insure competitive prices for the purchases of goods and services. Formal bidding shall not be required unless" directed specifically by the Board or unless required by state-or federal law. Particularly in the purchase of equipment, including buses, the Board may consider the design, maintenance and operating costs, and other similar factors in determining the most suitable equipment and need I ot purchase equipment having the lo:•,est initial cost.. SECTION 3: TREASURER.- Pursuant to Government Code Section 6505.5, the Treas- urer of the Citv of San Luis Obispo is hereby appointed as First Treasurer of the igenC,% The Treasurer snail, nave the powers and duties set forth in Govern:.ent Code Secticn 6505.5. The Office of Treasurer shall be retatec annually unless atP.er:�ise directed by the Board. _. - 4 T S7r"Tn..1 a; ; I1 ?IU.iL t.UDIT. a T .I'e So"-rd of Directors Shall cause an annual audi, to be nrenared and filed in accordance with Government Code Section 6505. SEC'_"IOIT 5: PERIODIC REPORTS. The Board of Directors may require periodic reporting of ridership, finances or other pertinent information. It shall be the responsibility of the contractor to provide suc?: reports in a form acceptable to the Board of Directors. SECTION 6: OFFICIAL BONDS. The administrator and such other_ employees or agents as Lire Boar, may direct Shall file all official DoiC in an ' amount to be determined by the Board. The cost of said bond(s) shall be born by the Agency. ARTICLE IV MISCELLANEOUS PROVISIOr1S SECTION l: WITHDRAWAL OF LIE ?FIBERS. Any member of this Agency ma_v withdraw at any time' after .;ritten notice to the Agency Board. If the Agency has contractual obligations to ee:ltiaue operation of a public transit system at the tine of ,aith- drawal of any member, the remaining members mar impose—such conditions upon the withdrawing member as may be reasonable, including future financial support-to meet the contractual obligations of the Agency at the time of withdrawal. How - et:er, t11e obligations of a withdrawing member under this section is limited to the special transportation funds to P7111Cn the withdrawing member would be entitled, suc as' SB 325 funds, and this section shall not impose an%,'obiigation on the general funds of the withdrawing member. The Agency shall not execute contracts involving e::pen- dit:ires which e::Ceed twelve months without the prier written approval of a majority of the participating agencies. A participating agency electing to withdraw .shall not h'—.1e a continuing financial obligation subsequent to the date of written notice of intention to withdra,.a witn respect to expenditures exceeding twelve calendar months unless the contract involving such expenditure has been approved by a majont_% of the agencies during the time that I:Ch dra:.i:ic Member was a member under the terms of this aciee_ _ me- • 1� ii Ti :iJ 2. Ai•iEIIDNiEIiT OF AGI":i;EI LNT. 'Uhis Agreement may be amentied at airy time with the unanimous approval of the legislative bodies of the member agencies. No amendment to this Agreement shall be effective without such unanimcus approval. SECTION 3: RATIFICATION- EFFECTIVE DATE. This Agreement shall become effective upon ratification by all member agencies. This Agreement shall be dated-and shall be effective upon the last date ratified by a member agency. SECTION 4: ASSIGNABILITY. In the event it is deemed in the best public interest to have the public transportation system operated by another individual.or entity, whether public or private, and pZ-o- vided that the operation como•lies with State and Federal law, the Agency on the affirmative vote of al`1 of its riem- bers, may sell, lease, or assign all of its r;-a1 and per- sonal property and may cease operations upon such terms and conditions as the Board determines to be reasonable. SECTION 5: TERMINATION. � This Agreement shall continue in full force and effect until cancelled by a majority of the member agencies. SECTION 6:, NOTIFICATION TO SECRETARY OF STATE. Pursuant to Government Code Section 6503.5, the Agency shall cause a notice of the execution of this Agreement to be prepared and filed with the Office of the Secretary of the State of California, within thirty (30) days after the effective date of any amendment to this Agreement. Until such filings are completed, the Agency shall not issue :any bonds or incur indebtedness of any kind.. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the day of 1978, which is the last date of signing by a member. - 6 - . 0. 91 CIT'A Q-F SAN LUIS OBISPO By: Date signed: CITY OF MORRO BAY Date signed: 1-12-79 COUNTY OF SAN LUIS OBISPO By: Chairman of the Board of S,-17DerV-1scrs Authorized by Board Action el November 13 1978 Date s i g n e d 6 "(, 7 - APPROVED AS TO Fo^,m AND LEPAL EFFECT JMiES S. LINDHOLM, JR. CO' �;' '! i Y CO IJNFEL EAT,,' LU!'3C'*6lS'.'-0C,""-JT'( by a CU /gyp/ (0 L .. l m .. yy r'iFN z_ !' K tip. 4��.i•i• ��• :Y� I t.__ _ �. ,._ , - .. .. J • �s,Y.sle++•^^i�wvY•Yr7L.,r )L . --r�S- } u � L _ - . _ _ \ _ .-1 .. _ {'�' + ♦ Ra ,N�4 4. D a0. 7 _ _ _ ,V .'•��t�,hs.,yb•�[�in *'�•i"�'� "`'�ja.-s}?'°'x' 'y'•.:;'?w.—"`+�4}w'!", ,1.-.r "J•.•6Y�'1' ar +"2F'io•'4S ,»'; �a',�},F' ✓yy."•' ""%T North Coastai Transit Annual Bucker_ Fiscal Year 19788 -79 Expenditures Contract PaN;ments 58,500 General Administration 2,500 Advertising and Promotions 1,500 Annual Audit 1,500 Total 64,000 Fundinc City of San Luis Obispo 23;702 Cit of Morro Bay 16,0 5 • County of San Luis Obispo. 24,263 Total 64,OOG C B CITY OF By: /L OLUT I ON NO. DATE: 1-12-719 % RESOLUTION NO iru e drr:er COUNTY�OF SAN LU�15 OBISPO B' .f .,. /'! t..(_� DATE: J` j /,., - hEESOLUTION NO. Clerk, Fq AN';lU LENT NO. 1 TO JOINT POU'ERS AGiEEi`ENT NORTH COASTAL TRANSIT TciiS A;IENDi ENT to Aareement made and entered into this day of ��r,,s} -, 1979, by and between the CITY OF'MORRO BAY,' the CITY OF SA:'-' LUIS OBISPO, the COUNTY OF SAN LUIS OBISPO, and the COUNTY SAN, LUIS O'ISPOiC0iii4UNITY COLLEGE DISTRICT; WITNESSETH:. WHEREAS, on January 12, 1979, the City of Morro Bay, the City of San Luis Obispo, and the County of San Luis Obispo entered into a Joint Powers Agreement for the operation of a public transit system to serve the Highway 1 corridor between the Cities of Morro Bay and San Luis Obispo, including the Baywood -Los Osos area, a copy of which Agreement is attached hereto and incorporated herein by this reference; and WIHEREAS, the parties hereto now desire that the Agreemdnt be amended to include the San Luis Obispo County Community College District, in that Cuesta College., and its pupils, most directly benefit from that portion of the system commonly known as the "Cuesta Shuttle;" and COUNTY WHEREAS, the Governing Board of the San Luis Obispo'Corm -nunity College District hereby finds that the "Cuesta Shuttle" ±•fill con- tinue to provide a greatly needed means of transportation of pupils betr:een the City of Sa.n Luis Obispo and the Cuesta College; and COUNi'1" tiSE'EAS, the Governing Board of the San Luis Obispo`Community t College District hereby finds that fuel shortages will create a far grear..er pupil dema.nd for the services of the "Cuescz Shut.tl2" :_ system. i. NOI.l, TIIIREFORE, in consideration of the mutual benefits, pronises and covenants in this. Amendment to the Agreement, the parties hereto agree to amend the Agreement as follows: 1. The San Luis Obispo County Community College District is hereby added as an equal partner and party to the attached Agreement and shall be subject to all rights, liabilities, obli- gations and conditions in said Agreement, except as hereinafter specified by this Amendment. 2. The San Luis Obispo County Community College Distr4ct's financial obligation for the 1979 -80 Fiscal Year shall be $5,000, which represents one -third of the.cost of the portion of the. 1979- . 80 adopted budget set aside for operation of the Cuesta Shuttle. The City of San Luis Obispo and the County of San Luis Obispo shall be obligated to fund. $5,000 each toward the cost of opera- tion of the Cuesta Shuttle for the 1979 -80 Fiscal gear. The City of Norro Bay shall have no financial obligation with respect to funding the Cuesta Shuttle for its operations in the 1979 -80 Fiscal Year. 3. The aforementioned sums payable for operation of the Cuesta Shuttle in the 1979 -80 Fiscal Year shall be payable to the Treasurer within thirty.(30) days after execution of thi.; Amendment. 4. Article 3, Section 1, of the attached Agreement shall be amended to read as follows: Section 1: Budget -- Limitation of Finanlcial Commitment. The Board shall establish the fiscal year for the agency and shall, prior to the Commence- ment of each fiscal year, adopt an annual bu�.get. -2- •t The budget shall additionally carry funds for future fiscal years where necessary to reflect obligations under State or Federal funding agreements, to the extent allowable by California law. The.San L.uis Obispo County Community College.. District's financial obligation to provide for monies to support the operation of the agency shall be limited to one -third of the cost of operation of the Cuesta Shuttle. Lt is the understanding of the parties that the San Luis Obispo County Community College District L is not el igi bl e for SB' 325 monies,, and therefore wi 1 l be expected to provide the one -third share of the cost of operation of the Cuesta Shuttle from its other sources. All monies budgeted for operation of the "Cuesta Shuttle" shall be carried in a budget unit separate and apart from all other monies, and balances contained in such unit shall be carried .forward from ; year to year. The Board shall adapt its budget in time to permit each member agency to'secure approval of their respective governing bodies. No member agency shall be required to expend its general fund monies to support the operation of the agency,.unless said expenditure is first approved by the governing body of the member agency. The operation of the transit system shall be locally funded from SB 325 monies, except as otherwise provided above, or from grant monies, and from revenues derived from operations. Each member shall make its designated annual contribution to the age.nc`, -1 :v '`:Aiding the adopted budget on or before tr ,�_ ?i date. The formula for all operations, ocher than the "Cuesta Shuttle, dill ' consider the population of the area served. and daily passenger miles emanating from the members' jurisdiction. Daily passenger miles will--be determined from periodic onboard passenger surveys. One -half of the system's cost, other than the costs of the "Cuesta Shuttle," will be funded according to population, the remaining half according to estimated passenger miles. The population percent- ages shall be based annually on figures prepared from SB 90 estimates of the State Department of Finance." 5. This Arm ndment shall become effective on ratification by the Governing Boards of all member.agencies. The A.ereement shall be dated and shall be effective upon the last date rat-i- f ied by a member agency. -3 � 0 6. E%cept as herein amended, th.e Agreement shaIi' rem ain unchanged and in full force and effect. IN WITNESS 'I.-MEREOF, the parties hereto have entered int.o tiii c Oman rim tit to An ra on, ant CITY OF MORRO BAY By ATTEST: Mayor c City Clerk . COUNTY OF SAN LUIS ODISPO Chairman, Board of Supervisors ATTEST: �s51, Clerk of the Board iif S ' .rvisors SAN LUIS OBISPO.COUNTY M-lilUNITY COLLEGE Q;STRICi' �1 By 4� WB U ,�- Cli'airni 6': Trustees ATTEST: Clerk -of the Board APPROVED AS TO FORM AND LEGAL EFFECT: JA IES B. LIi`IDIIOLi, JR. County Counsel By* Jac A. C fora Assistant Count Counsel - ..,.:Dated: Z G z I u RESOLUTION NO. 4681 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DELEGATING AUTHORITY TO MAKE CERTAIN DETERMINATIONS AND APPLICATIONS RELATING TO DISABILITY RETIREMENTS UNDER THE PUBLIC EMPLOYEES' RETIREMENT LAW WHEREAS, the City of San Luis Obispo (agency) is a contracting agency of the Public Employees' Retirement System; WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether a local safety member of the agency is disabled under terms of the Public Employees' Retirement System (PERS) and whether such disability is "industrial" within meaning of PERS Law and, WHEREAS, the City Council has determined that it may, pursuant to California Government Code Section 21034, delegate its authority to make such determinations to the City Administrative Officer; NOW, THEREFORE BE IT RESOLVED that the City Council delegates to the City Administrative Officer authority to make determinations under California Government Code Section 21020 et see. on behalf of the City; to certify such determinations; and provide all necessary information to the Public Employees' Retirement System incident to such actions; and, BE IT FURTHER RESOLVED that the City Administrative Officer is authorized to make rules and regulations necessary to implement this delegation of authority and, BE IT FURTHER RESOLVED that any proceedings relating to such determinations are deemed as being before the City Council for purposes of the issuance of subpoenas; and, BE IT FURTHER RESOLVED that the City Administrative Officer is authorized to make application on behalf of the City for disability retirement of employees classified as local safety or miscellaneous members, and to initiate requests for reinstatement of disabled' retired employees. R 4681 l Resolution No. 4681 (1981 Series) On motion of Councilman Dunin seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of December 1981. a x W W x W x x x x APPROVED: City City Attorney Personnel Director File ,L r san 1U3S CBlSvo XWO.U. -� x r., p1Z vGjac, �tl�r? PESOLUTIOrI NO. 4680 (1931 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO JACLYN MEGOW FOR HER SERVICE TO THE CITY AND ITS CITIZENS _ r ;7HEP.EAS, JacZyn M. hlegow a)as appointed to the staff of the San Luis Obispo Human. Relations Commission as its first full -time employee in 1975, and has been involved in all aspects of the program, finally to become Program Coordinator in 1979; and WHEREAS, Jackie's own professional development has been instrumental in promoting the growth of the City's Human Relations Commission's program into a comprehensive, quality service, including her contribution in developing the Human Services directory and her tireless efforts to promote the Human Relations Commission's stated purposes of equal access for all citizens of San Luis Obispo; and T- FEREAS, Jackie's positive energy, enthusiasm and expertise have created an atmosphere of trust and respect for the City's Human Relations Commission; and WHEREAS, Jackie's constant visibility and involvement in the community -rave made it impossible for her to go unrecognized, even on vacation in Canada. i NOW, THEREFORE, BE IT RESOLVED :.,hat this Council wishes to express its gratitude and appreciation to JacZyn Megow for the services she has performed and the standards of excellence she has-set. On motion of Councilman Settle seconded by and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None i the foregoing Resolution was passed and adopted this ?7th day of 3ovember, 1931. O /PAMELA VOGES City Clerk PmreZa Voges e /UMLANIE C. BILLI3 ;'aaor `,�'eZanie C. BiZlig • c P,ESOLUTION NO. 4679 (1981 Series) A RESOLUTION OF-THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT NO. 9662 LOCATED AT 575 CERRO ROMAULDO AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Tract No. 966 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 plans. 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 is granted a negative declaration of environmental impact. 9. The site cannot be developed in a conventional manner alone or with adjacent properties because of insufficient site depth and area. SECTION 2. That Resolution No. 4436 is hereby rescinded and replaced by this resolution with approval of tentative map for Tract No. 966 subject to the following conditions: 1. Final map shall note lots 3, 4 and 5 may be served by sewer ejector pumps if necessary. R 4679 U Resolution No. 4679 Page 2 X (1981 Series) 2. Common Driveway shall be installed as a subdivision improvement and paved to a width of 20 feet. 3. Common driveway easement shall be shown on final map. Subdivider shall record a common driveway agreement consistent with city zoning ordinance requirements with the final tract map. 4. Final map shall show easements for public utilities to the satisfaction of respective utility companies and City Engineer. 5. Subdivider shall install individual water meters for each lot. Meters shall be clustered at Cerro Romauldo frontage, to the satisfaction of the City Engineer. 6. Final map shall show a 25 foot rear yard setback line on lots 3, 4 and 5 with a note that the area within the setback shall not be allowed to be paved or obstructed so as to allow for nonconcentrated sheet flow drainage to percolate on said lots. 7. Lot 1 shall be provided with two parking spaces (one covered) consistent with city Parking and Driveway Standards for houses. 8. Subdivider shall number all units in the tract, consistent with city - approved address--plan, attached as Exhibit A. 9. Final map shall note that lots 3, 4 and 5 are sensitive sites with any development on the lots requiring Architectural Review Commission approval. 10. Subdivider shall install no parking /tow -away signs, pursuant to California Vehicle Code Section 22658 (as noted in city Parking and Driveway Standards) along the access driveway. to the satisfaction of the City Engineer. 11. Existing fig tree on lot 5 shall remain. SECTION 3. For the purpose of this approval, the time limitation for approval of=final map shall be deemed to have begun to run on the date of approval of Resolution No. 4436. On motion'of Councilman Griffin, seconded by Councilman Settle, and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None ID Resolution No. 4679 Page 3 0 (1981 Series) the foregoing resolution was passed and adopted!-this 17th day of November, 1981. ATTEST: City Clerk Pam Voge APPROVED: City Attorney Community D t elopmen G irector J _ t %fit' :.' ;• �Y4Ffm.. Li r�ita414�.F�,1{ - ''L- Sit}' 7 �• J Q EX o If A en u CJ . lC�uct+� • RESOLUTION NO.4678(1981 Series) N- A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 81 -162 LOCATED AT 271 BRIDGE 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. 81 -162 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 in the C /OS 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 tentative parcel map is granted a negative declaration on environmental impact.. SECTION 2. Variance. The following variances to Subdivision Ordinance requirements are hereby approved, based upon the following findings: Variances are hereby granted to create lots containing 4.19 and 3.6 acres where a minimum of 5 acres is required and for 12 foot wide driveway that may remain unpaved within a 16 foot wide easement from a point just south of existing drainage channel on parcel 1 where 16 foot wide paved driveway within a 24 ft easement is required, subject to the following findings: 1. The variances listed above are granted subject to conditions for an open space easement to assure that adjustments hereby authorized do not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity. R 4678 F_ u Resolution No.4678 (1981 Series) Minor Subdivision 81 -162 Page 2. EO 2. Special circumstances applicable to the subject property, including size, shape, topography, location or surroundings for which the strict literal application of the Subdivision Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity in that the subject subdivision is approved to allow two lots for two existing houses with no additional physical development of the land. 3. In this particular case, the variances rather than the sections at issue in the Subdivision Ordinance carry out the spirit and intent of the Subdivision Ordinance in that the variances allows for individual ownership of two houses which pre— existed the application and allows for no additional development. SECTION 3. Conditions. That the approval of the tentative map for Minor Subdivision ,81 -162 be subject to the following conditions: 1. Subdivider shall record a common driveway easement for proposed parcel 2 with the final subdivision map, consistent with city parking and driveway standards. 2. Subdivider shall abandon all wells on the property or provide back flow prevention devices on water services on the lots to the approval of Public Services Department staff. 3. This resolution shall be effective upon the effective date of Ordinance No. 911 , rezoning this property from C /OS -40 and M to C /OS -5. In the event Ordinance No. 911 is not effective on or before December 31, 1981 , this resolution shall expire. The tentative map hereby approved shall expire 24 months from the date of adoption of this resolution, unless extended by later action of the council. 4. Subdivider shall record an open space easement as depicted on Attachment 1. The open space easement will be to maintain the area in a natural open space character. The easement shall run with the land and provide the following limitations on use or alterations of the area: a. No structures will be placed or erected on said premises. b. Fencing appropriate to open space preservation shall be approved by the Architectural Review Commission. Solid fencing shall not be allowed. C. No advertising of any kind or nature shall be located on or within said premises. d. Owner shall not plant, nor permit to be planted, any vegetation upon said premises, except for erosion control, fire protection and soil stabilization or as allowed and approved by the Community Development Director. Al Resolution No. 4678 (1981 Series) Minor Subdivision 81 -162 Page 3 e. The general topography of the area, including existing road, shall be preserved in its natural or existing condition. No grading shall be allowed except as permitted by the Community Development Director for agricultural purposes. f. No extraction of natural resources except for water. g. No removal of natural vegetation except for fire protection or elimination of diseased growth, as approved by the Community Development Director. 5. Subdivider shall fulfill all improvements specified in subdivider's statement on approved tentative parcel map. 6. A note shall be placed on the final map that lot 2 shall be provided paved access and on -site fire hydrant consistent with regulations in effect if house is replaced or damaged more than 50% of replacement value. 7. A note shall be placed on the final map that portions of the property is subject to flooding as determined by the City Engineer. 8. A note shall be placed on the final map that the property is a sensitive site and any new development shall be subject to Architectural Review Commission approval. On motion of Councilman Griffin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 17th day of November 1981. ATTEST: �2 =Z� a, IeA City clerk Pamela V es 0 w Resolution No. 4678 (1981 Series) Minor Subdivision 81 -162 Page 4 ATTEST: kl ting Administrative ty Ik&WA r2ia =- Community De elopment 'rector C i ' S• i IE t e� Y� e- i `• l v .l e• •1 ti i n� 'V CYD { � �Qy`'� SIN •i" i� �_ ���' c'y'NV��V�U���w`��3ti�F\o�`�'`L� c��iCtT� ;; �C4 �� � � �1,.� t�� �U2�9 C���,nt.Zs,.�•.`�i ic'���V�Qv,\ II IT" ' C; c' G �L L i i ' p � I� it � lA C vh o ,�r �O tiz 1 04 OD tl — 1_ y / LLI L.J U w n a' Z- C III t< I)`1 , ?, � I•.�i .s 'r, OD tl — 1_ y / LLI L.J U w i �Y-\ C` ,_ RESOLUTION NO. 4677 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIPSO GRANTING APPROVAL OF A TWELVE MONTH TIME EXTENSION FOR TRACT 758 WHEREAS the subdivider requests a twelve —month time extension to receive approval of his final map; and WHEREAS the Planning Commission found that the request for time extension is justified, and recommends approval; and WHEREAS the City Council concurs with the Planning Commission findings; NOW, THEREFORE, the City Council resolves as follows: Section 1. That Tract 758 is granted a twelve —month time extension to January 15,1983, subject to original tentative map conditions as specified in City Council Resolution No. 4072 attached hereto, and two additional conditions of approval as follows: 24. Subdivider shall maintain city access to the Terrace Hill water tank during construction of the subdivision, to the approval of the Public Services Department. 25. Subdivision boundary shall be expanded to include portions of paper street rights —of —way, relative to the abandonment of Haskin, Leona, Leland Terrace and Buena Vista Terrace Streets, to the approval of the City Engineer. Section 2. That Exhibit "A" of Resolution No. 4072 be revised to clarify the City Council's intent in establishing- Condition No. 3 by designating Lot 10 "Open Space's (pa "ssive park) instead of "proposed park." On motion of Councilwoman Dovey , seconded by Councilman Settle and on the following roll call vote.: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None R 4677 C) Resolution No. 4677(1.981 Series) Tract 758 Page 2 the foregoing resolution was passed and adopted this 17th day of November , 1981. ATTEST: L / . City Clerk Pamela / ges APPROVED: M� City Administrative Vficer City Attorney c� Community Deviopment Qgector = . I rS Z, K Soso ---------- - -I. - - A JN tj�- 3AV NINSVW kj.j 3AV Y H3H:)1311 ol crD 0 HO SnI.Vo NVS z 00 2i til LO z N. U10 (z :> C) < Zm Wm VJ Q--k -0 4 YS = . I rS Z, K Soso ---------- - -I. - - A JN tj�- 3AV NINSVW kj.j 3AV Y H3H:)1311 ol crD 0 HO SnI.Vo NVS OP 00 2i til LO z N. U10 (z :> C) < Zm Wm VJ Q--k OP �I RESOLUTION NO. 4072 (1980 Series) ��'`•. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT MAP NO. 758 FOR PROPERTY KNOWN AS TERRACE HILL (SUBDIVIDER: CUESTA VALLEY PROPERTIES) `, ` :_ ='.::• ' BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: WHEREAS, the subdivider, Cuesta Valley Properties, has requested approval a tentative tract map to create nine lots for single family houses and four t ".'lots to be developed with 82 residential condominiums; and WHEREAS, the tentative tract map was accompanied by a request to rezone the subject property from R -1, R -1 -S, R -2 (low and medium density residential) and R -1 -SP (low density residential, Specific Plan district) to R -1 -PD (low density residential, Planned Development) based on a comprehensive development plan (PD 0644); ,. and . WHEREAS, a focused environmental impact report for revisions to areas 1, 3 and -4 (proposed lots 1, 2, 10 and 11) was prepared to address impacts of Traffic and Circulation, Noise, Storm Drainage, Geologic and Seismic Safety and Esthetics; and WHEREAS, the project EIR identifies significant adverse environmental impacts which cannot be avoided if the project is implemented, as foflows: sl. 'The project design specifies extensive grading activities during site preparation, including substantial hillside cuts. Potential geologic hazards .,on the property include expansive soils, landsliding and erosion of exposed hillsides. '- 2. Development on the site would increase surface runoff levels from the property and compound existing downstream ponding problems. Soil erosion during construction could degrade downstream water quality if grading occurs during the rainy season. 3. _'Residences would be constructed in a visually sensitive area of San Luis Obispo. New development would be visible from various parts of the City; it would also reduce the privacy of existing residents located immediately below the project area. 4. Cumulative noise generated by new traffic and ongoing railroad activity would exceed acceptable noise levels for some proposed residences. 5. Access and circulation features of the proposed development would alter traffic patterns in the vicinity of the site. If the South Street extension is built in the future, the residential character of Bishop Street would be adversely ..affected. R 4072 Resolution No. 4072 _ (1980 Series) 6. Some public facilities, specifically the elementary and junior high school and sewage lines, are currently at or over capacity and could be further strained by the addition of new development to this part of San Luis Obispo; and WHEREAS, the Planning Commission and City Council have held public hearings 'on.the project EIR in conformity with the California Environmental Quality Act and the City's Environmental Impact Procedures and Guidelines; and WHEREAS, the Planning Commission and City Council have held hearings to consider appropriate zoning for the subject property in accordance with Section 65800 et seq. of the Government Code; and .WHEREAS, the City Council has approved planned development rezoning for 9'single family lots and 3 lots for development of condominium units and 1 lot for dedication `to the City for park Purposes; and WHEREAS, the City Council after consideration of tentative tract map no. 758 and the Planning Commission's recommendations, staff recommendations and reports .thereon, makes the following findings: 1., The tentative map is consistent with the general plan. .2. The design and improvements of the proposed subdivision are consistent with the general plan. 3. The:site is physically suitable for the type of development proposed. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are noemikely 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 Xype of improvements will not conflict with easements for access through or use of property within the proposed subdivision; and WHEREAS, the City Council finds that specific mitigation measures have been imposed as conditions of approval of this project which substantially lessen significant environmental effects with the exception of impact on schools which is beyond the authority of the city to mitigate. -2- 4��, Resolution No. 4072 (1980 Series) NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that tentative tract map no. 758 is hereby approved subject to the following conditions of approval: 1. Subdivider shall be responsible for installation of storm drainage facilities on site and off site to handle storm water runoff for storm frequency as specified by city standards. These improvements will include: — Surface and subsurface drainage improvements on recontoured hillsides to preclude erosion hazards. — Drainage structures above proposed development areas to facilitate on site drainage and above and below cut and fill areas to prevent slope failures under saturated soil conditions. — Construction of a retention basin between the project site and the railroad to alleviate existing flooding on off -site residential properties or a system to retain all of the increases in drainage from the site caused by its development. Installation of an underground storm drain system in Bushnell Street between Haskin and San Carlos as specified by the City Engineer. — Storm drain improvements in Augusta Street between Bishop Street and San Carlos Drive. -- Construction of a lined swale to preclude sheet flow to Sierra Way. M 2. Subdivider shall underground all existing utilities within the tract boundary. 3. The final map shall indicate a revised lot 10 to include those portions of lots 2 and 11 designated as proposed park (Exhibit "A "). A note shall be placed on the final map for lots 1, 2 and 11 indicating that these are not buildable lots unless subdivided into condominiums and provided with improvements consistent with the development plane approved by the city (rezoning request Planned Development PD 0644) or specific plans adopted subsequent to expiration of above development plan. 4. Sewer and water charges are due, payable prior to recordation of the final map, as determined by the City Engineer. 5. A detailed geotechnical analysis for the design of all improvements shall be prepared by a licensed civil engineer specializing in geotechnical engineering and by a certified engineering geologist for Lots 1, 2 and 11 prior to final tract map for same. Analysis shall: -- Explore and assess soil, groundwater and geologic conditions, particularly in areas with potentially expansive soils; — Provide recommendations regarding soil grading and foundation criteria for proposed design; -3- Resolution No. 4072 (1980 Series) — Evaluate soil stability for both natural and graded slopes under static and earthquake conditions. 6. Landslides above proposed structures in PD area 1 shall be completely repaired, consistent with geotechnical report. Remedial measures shall include: — Excavation of slide Biaterials; — Keys, benchings and installation of subdrainage systems; -- Placement of engineered fill; -- Revegetation on exposed surfaces. 7. The construction of Bishop Street extended shall be designed to ultimately accommodate the adopted circulation element's designation re: future railroad overpass to Broad Street. This may require construction of grade changes to Florence Avenue, southerly of the project and Fletcher Avenue, westerly of.the project. Off -site right -of -way may be necessary. Slope easements and /or retaining walls may be required. Provisions must be made to accommodate access to all lots of record. 8. Bishop Street and local streets shall be designed for a traffic index (T.I.) of 5.5. Private streets shall be designated with a T.I. = 4.0. 9. Full street improvements consisting of curb, gutter, sidewalks and street paveout are required along all frontages. Sidewalks shall be provided along private streets to satisfaction of the Community Development Director. Bishop Street extension shall have a 64' R/W and shall be improved with 30 ft of street paving, Eft planter'stri ,bland a 4' sidewalk on the northerly side of the street, F?ith a generous number of street trees to provide a canopy for the road. 10. Grading shall be in conformance with the required geotech&cal analysis for the site. The grading plan shall be signed by a registered geologist or soils engineer. Grading shall be inspected and certified by a registered soils engineer /geologist, as conforming to all requirements in the Geotechnical analysis. A registered soils engineer or geologist shall be available on the site as required to verify conditions as grading progresses to ensure compliance with recommendations in geotechnical analysis. 11. Traffic control signs and street lighting shall be installed to meet city standards and to the approval of the City Engineer. 12. Fletcher Street, between Bushnell and Florence, shall be improved with curb, gutter and sidewalk adjacent to the development, with 32 feet of street paving and an AC berm on the opposite side. Fletcher Street, between Leona Street and Del Campo, shall be improved with full street improvements, Haskin Street shall be improved with 36 feet curb to curb. Bushnell Street, between Fletcher and Haskin Street, shall be fully improved with curb, gutter, and sidewalk on the subdivision side and 32 feet of street paving, with an AC berm on the opposite side. 13. In the event that grading or other operations do uncover buried artifacts, all construction activities shall be halted to prevent further disruption of the newly discovered archaeological site. A qualified archaeologist should then evaluate the discovery and recommend appropriate disposition of the resources. -4- Resolution No. 4072 ) (1980 Series) 14. Street abandonments as specified in the applicant's proposal shall be initiated and completed before the final map is approved. If the street abandonment for one reason or another is not approved, the final tract map shall be reviewed by'the City Council for possible revisions. 15. The subdivider shall install new 12" water line from Bishop Street pump station to the intersection of William and Augusta Streets. Water line from William and Augusta Streets to area 3 shall be 8 ". Subdivider may amply for city participation through quarterly water deficiency funding program. 16. Subdivider shall construct all public improvements shown on the preliminary . development plan and required as conditions of same, approved by Ordinance No. 837 and on file in the City Community Development Department (as Planned Development rezoning PD 0644) and construct an 8" water line in William Street from Bishop .Street to-Ella Street. 17. Subdivider shall dedicate all of revised lot 10 (See Exhibit "A ") for use as an undeveloped open space park. Full credit is hereby given to meet park dedication requirements and no in -lieu fees are required. 18. The following notes shall be placed on the final map: a. All exterior surfaces of structures shall be colored in natural or muted tones to blend with their surroundings. b. All plant species used for landscaping and revegetating shall be native or naturalized to the area in order to conform in color and horticultural requirements with existing grasses. 19. Final map shall dedicate access rights to the city along both sides of Bishop Street extension except for private street to area 4 of approved development plan (PD 0644) and existing lots of record. 20. This resolution shall be effective upon the effective date of Ordinance No. 837, rezoning this property to R -1 -PD. In the event Ordinance No. 837 is not effective on or before March 1, 1980, this resolution shall expire. The precise plan required for PD 0644 shall be approved by the Planning Commission prior to the approval of the final map. The tentative map hereby approved shall expire 12 months from the date of adoption of this resolution, unless extended by later action of the council. 21. Subdivider shall install all public improvements and provide all off -site improvements with Phase 1 of this tract. Construction activity shall be restricted to the weekday hours from 8:00 a.m. to 5:00 p.m. 22. In addition to normal review, the Architectural Review Commission shall give special consideration to PD area 4 '(lot 11) relative to landscaping, building design and site layout for the purposes of minimizing grading, visual impacts off -site, and intrusion on the privacy of residences on Sierra Way. 23. The subdivider shall restore the natural slopes of the hill destroyed by previous improper grading and provide for proper revegetation, slope stabilization and erosion control for the entire site, including Lot 10, and be responsible therefore for a period of 2 years from date of final acceptance. -5- An Resolution No. 4072 e (1980 Series) • On motion of Councilman Jorgensen seconded by Councilwoman Billig , and on the following roll call vote: AYES: Councilmembers Jorgensen, Billig? Dunin and Mayor Cooper NOES: None AttSErrr: Councilman Bond e foregoing resolution was passed and adopted this •i980. '.ATTEST: 4r.- `'i.CIT ERK J.H. FITZPATRICK Approved: City i •'stra ive Officer ,r ff' City Attorney 'Director of mmunity D elopment 15th day of January azz is ---r lu z all CC) UJ 0 4.5 L3 t z co Lu M'^ 17 Z 51 is Soso .4 4 N Yd�.' -t Z. 0 1J., I PE, % NZ L� qviclit xl� CA. t VIAIAS 0" ¢ _3AV NDISVH 4, lop, 1p _\k' OS" cr - t§3H:)131J ol us 0; SO LU m Recording Requested By.: City Clerk's Office When Recorded Please Return To: CITY CLERKS OFFICE City of San Luis Obispo P.O. Box 321 San Luis Obispo,, CA, 93401 RESOLUTION NO. 4676 (1981 Series) 0 aOf] _...RF - OOCXTWI. DOC No 40334 OFsFa& RECORDS SAN LUIS OBFSPO CO., CALF SEP 28 IM WILLIAM E. ZIMARIK. COUNTY RECORDER ,nME 3 :10 PM A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF STENNER STREET (INCLUDING A PORTION SOMETIMES NOTED AS OAK STREET) IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING THE ABANDONMENT OF SAME SUBJECT TO EASEMENT RESERVATIONS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on November 17, 1981, pursuant to Division 9, Part 3, Chapter 2 of the California Streets and Highways Code, this Council finds and determines that the portion of Stenner Street (including a portion which is sometimes noted as Oak Street) lying southerly of Murray Street as described on Exhibit "A" and as shown on the map marked Exhibit "B ", attached hereto and incorporated herein is not necessary for present or prospective public purposes. SECTION 2. This Council hereby orders the abandonment of said section of Stenner Street and Oak Street subject to installation of certain improvements and reservations of easements as outlined in Section 3, immediately below. SECTION 3. This abandonment shall be effective only after meeting the following conditions: (a) Installation of curb, gutter, sidewalk and driveway and handicap ramp including necessary paving by applicants along the Murray Street frontage of said abandonment to the satisfaction of the Public Services Department. (b) Relocation of existing water servi.ce.for Santa Rosa Park to within a 12 foot wide easement centered on the centerline of Stenner Street by applicants to the satisfaction of the Public Services Department. �� i.. �:J _ ii'�V _J "P �.. ._._...._ ._ .. e, .-,, �� _° � � i �� 0 SECTION 4. The City Clerk shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City to be recorded in the Office of.the Recorder of the County of San Luis Obispo, at such time as this Resolution becomes effective under the terms of Section 3, immediately above. On motion of Councilman Griffin seconded by Mayor Billig , and on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of Novemhar 1981. ATTEST: CITY City City Attorney Community Dev lopment rector =� oe Public Services Director GUt9 Engineer Vo! 2431riGE964 • EXHIBIT "A" That portion of Stenner Street lying southerly of Murray Street, as shown on the Isabel Tract, per Volume A of Maps, page 129, in the Office of the San Luis Obispo County Recorder, described as follows: Beginning at the northwesterly corner of Lot 16 of said Isabel Tract, said point being the southeasterly point of intersection of the southerly right of way of Murray Avenue and the easterly right of way of Stenner Street, as shown on said Isabel Tract; thence South 0014' West along the easterly right -of -way of Stenner.Street, a distance of 134.90 feet more or less to the southwesterly corner of.said Lot 16, said corner also being on the southerly boundary of said Isabel Tract, thence South 88006' West along said southerly boundary a distance of 82.93 feet more or less to a point on the westerly right -of -way of Stenner Street, said point being the most southeasterly corner of Lot 15; thence North 53038' East, a. distance of 28.5 feet more or less along said right -of -way to a point on the westerly right -of -way of Stenner Street; thence North 0014' East a distance of 120.9 feet more or less along the westerly right -of -way line of said street to the northeasterly corner of Lot 15, said corner also being on the southerly right -of -way of Murray Avenue; thence South 89046' East a distance of 60.00 feet more or less to the point of beginning. Subject to reservation - of_easements:as -de scribe d.: in.`- Section 3. V9t_ 2434PacE965 (c) Construction of a 10 -foot wide paved walkway with landscape planting within the easement described in (f) below by applicants to the approval of the Community Development Department and the City Engineer. (d) Installation of driveway access to existing garage on the westerly side of said abandonment by owner of westerly adjacent property to City Standards and approval of Community Development Department. (e) Reservation of the northerly seventy -five feet of said abandonment for easements as follows: 1. A permanent easement pursuant to the provisions of Section 8340 of the Streets and Highways Code and for the benefit of the Pacific Telephone and Telegraph Company with the right at any time or from time to time to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cable, wires, poles and other convenient structures, equipment and fixtures for the operation of telegraphic and telephone lines and other communication facilities, including access and the right to keep the property free from inflammable materials and wood growth, and otherwise protect the same from all hazards, in, upon,. over and across that portion of Stenner Street or part thereof, as shown on Exhibit B. 2. A permanent easement for the benefit of Sonic Cable TV and Pacific Gas and Electric Company for all existing facilities as shown on Exhibit B. (f) Reservation of a 12 foot wide easement centered on the centerline of Stenner Street for present and future City utilities and pedestrian access to Santa Rosa Park from Murray Street. v0!.2���tPAGE9 S 7T E I AJEk S T. A BA NDOAIMEAI T & P09;r /ON OF OA/f $Tka;r EX H151T ;5 �I �I X16 50 I .5 l 50 I 50 F. N, I( UR-kA Y d n ST/2EET JOiNT roWE6 RbL E 50 \ 50 50 8 h r iii I � W 17 I ✓ �t O z �V ,,t) �U) i ro cl `O z 2." WA rye 82.93' PORTWA/ Of OAK STREET N ev 0&' E 2 °C. I. TO a9a )cAR�i--40" SANTA ROM PARR AZ rg. 2" WATER I EABEMEAIr R.ESBQVA770441 �— PUE ®.- pEDES% R1fJNACCE55 PiFE��(! T � l -UTURE C /TY Ur /Li TIES i v'6t.2434Pa(;E9� mac® Is- F Ulu 'N VN Ij RESOLUTION NO. 4675 (1981 Series). A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SAN LUIS OBISPO SWIM CLUB, INC. TO EX- TEND THEIR AGREEMENT FOR USE OF THE MUNICIPAL SPTMMING POOL AT SINSHEIMER PARK FROM DECEMBER 1, 1981, TO NOVEMBER 30, 1982. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:. SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and San Luis Obispo Swim Club, 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: San Luis Obispo Swim Club, Inc., City Finance Director, City Director of Parks and Recreation.— On motion of Councilman Settle and on the following roll call vote: seconded by Councilwoman Dovey , AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was pas F -11MM7 S adopted this 17th day of November 1981. R,4675 EXTENSION OF AGREEMENT USE OF MUNICIPAL SWIMMING POOL LOCATED AT SINSHEIMF.R PARK THIS EXTENSION OF AGREEMENT, made and entered into this 17th day of November 1981, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter, "City "), and the SAN LUIS OBISPO SWIM CLUB, INC., also known as the SAN LUIS OBISPO SEA HAWKS, an educational, non - profit, tax - exempt corporation headquartered in the City of San Luis Obispo, (hereinafter "Club "). WITNESSETH: 1. The undersigned City and Club agree that their previous agreement dated July 17, 1979, entitled 'Agreement -Use of Municipal Swimming Pool at Sinsheimer Park ", a copy of which is attached hereto, shall be extended for a period of one year, from December 1, 1981, through November 30, 1982. 2. The terms and conditions of the attached agreement shall otherwise remain unchanged and shall apply as well to the extension period. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. SAN LUIS OBISP'O SSWIM 'CLaUB, I�NJC1. /,YWf/ ✓V --t- Title:.•'/ OF SAN LUIS OBISPO ATTEST: U17ty/11 lerk, Pariela Yoges AG, REE2NE IT USE Or b1UiIICI.PAL S1;7174.�ING POOL . AT SINSHEIBBR PARS THIS AGREE`IENT, trade and entered into this 17 th day o f July 1979, by and between the. CITY OF S?_ LUIS OBIS?.O, a municipal corporation ( hereinafter "City "), and the SAN LUIS OBISPO 8t6I I CLUB, INC-, also know own as the SA ?I LUIS OBIS?O C!=1 HAv; -KS, an educational, non- profit, tax- exempt corporatic_ headcuartered in the City of San Luis Obispo (hereinafter, "Club ") - WITNESSETH: WH== —AS, City is the owner and operator of the Municipal SwiM-aina Pool located at Sinsheimer Park (hereinafter "Sin- sheimer Pool "); and 6iF?EaEAS, City desires that all residents of San Luis Obispo with interests in any manner of aquatic activities, including com,,,petitive swimming, have.the opportunity to make use o`-' Sinsheimer Pool; and ;TFHEREAS, Club makes available aquatic training and compet- itive experience as well as other aquatic activities to all members of the co<< unity and has indicated its desire to .make Sinsheimer Pool its home facility;. NO;T, THEREFORE, in consideration of the mutual promises, agreements, covenants, and conditions herein set forth, City and Club hereby mutually agree and covenant as follows: _ 1%f AM o 1. 'Cite hereby grants to Club tiie use of Sinsh ^_imer Pool for team workouts during the !hours of 7:'00 A.M. to 10.00 A.M. and 5:00 P.M. to 7:00 P.*m. during non- school months and duri :.g the hours of 6:00 A.M. to 8:00 A. :X. and 5:00 P.M. to 7:00 P.M. during the school term. This use is limited to Monday throuc : ^. Saturday. This use is not necessarily ecclusive and the Club will share SinsheLmer Pool during these_ hours with non- conflict- ing groups if scheduled by mutual agreement with the Director of Parks and Recreation. 2. Club agrees to pay the City rent as follows: A. For the months of: JUNE, JULY and AUGUST $80.00 per month B. For the months of: SEPTE:•iBER through PCAY $75.00 per month C. If Club and City agree that Club may use Sinshei.er Pool at times in addition to those set out above, the rental for the additional time shall be $15.00 per month hour; i.e., one ­hour per day, ?Monday through Saturday for one month. 3. TERM AND RENE:QAL A. The term of this agreement shall be six (6) months, to commence on June 1, 1979. B. This agreement may be renewed on the same terms and conditions on a year to-year basis upon mutual consent of the parties hereto. 4. City hereby further grants the Club the use of Sinshei:er Pool to host certain swim meets. Swim meet dates must be sub- mitted to the office of the Parks and Recreation Department a .:um of si::ty (6O c.a s I-) Ir ° to the date of the event accommodate possible rescheduling. Club shall have exclusive use of Sinsheimer POOL and pool fac111t1es for scheduled swim meets. Swim meets 'shall be held only on Fridays, Saturdays and Sundays; provided that no meet will begin earlier than 4:00 P.M. on Fridav or end later than 8:00 P.M. on Sunday. 5. City agrees to provide the additional custodial functions required during a swim meet. In consideration for the pool time and these services during swim meets the Club agrees to pay City according to the following schedule of rates: A. A.A.U. Sanctioned S:aim Meets. 1. Friday . . . . . . . . . . . . . $20.00 2. Saturday . . . . . . 40.00 3. Sunday a. t!eet ending before 1:00 P.M. 30.00 b. :Meet ending after 1:00 P.M. 50.00 B. A.A.U. Sanctioned Dual or' Inter -Squad 3Qeets: Each day held (usually a one partial day meet) . . . . . . . . . . . . . . 20.00 6. City agrees to grant Club the use of Concession Room at San Luis Obispo Stadium in Sinshe imer Park for the above swim meets. In consideration for this use the Club agrees to pay the City twenty percent (20%) of gross sales made from the Concession Room. 7. City hereby grants the Club the right, with no liability to t1- city for loss Or damage, to store at Sinsnel,T.er Pool SLC 1 aquatic paraphernalia that is associated with ttie Club's PrOa r' -?- -3- J The storage thereof shall not in`creferc with normal Ci'-y operation of other aquatic programs. Storage area shall be approved by the Director of Parks and Recreation. 8. Club agrees to furnish, for its own use, any and all aquatic paraphernalia it deems necessary to conduct a sa-fe train- ing and competitive program. Such property, inc'_udirg fixtures, shall remain the property of the Club and shall not be used by any other group or organization without the written permission Ir first being granted by the Club. Any equipment -- 0.- -ded by the Club to the City on a permanent basis shall be covered by separate agreements. 9. Club shall furnish to City evidence of current policy of comprehensive general liability insurance in the amount of $1,000,000.00 which shall name the City as additional insured for the periods of time that the Club is conducting its program at Sinsheimer Pool or on the site. Such insurance shall insure such performance by the Club of the indemnity provision of Section 16 but shall net limit the liability of the Club to the stated amount of the insurance. The evidence of insurance shall contain an - .:dorsement that the insurance is primary coverage and will not be cancelled or altered by the insurer except on 30 days - written notice to City.' 10. Club shall furnish any and all personnel necessary to conduct its aquatic workouts and swim meets. Personnel may include, but not be limited to, coaches, lifeguards, and meet officials. -4- _o 11. Club retains the right to expand ito procr,m to meet the needs of the community as outlined in its corporatc articles and by -laws. Any expansion of programs will riot chance use times or rental rates as described herein excent as provided for in Section 2 of this agreement. 12. Club shall be responsible for damage, e=xcepting normal wear and tear, if the damage occurs during the time Club is usi ^_ Sinsheimer Pool and the damage arises out of and is in ccnnecti - -- with Club's use of Sinshemer Pool. 13. Club shall notify the City if its tax-exempt and non- 13. status should chance. 14. City and /or Club may terminate this agreement without the other party's consent by giving sIx.months written notice. 15. 2lotices under this agreement shall be sent by certified mail, return receipt recuested, postage prepaid, addressed as follows: CITY: Office of the Cite E,erk City of San Luis Obispo P. O. Box 321 San Luis 'Obispo, CA 93406 CLUB: San Luis Obispo Swim Club, Inc. Board of Directors P. O. Box 142 San Luis Obispo, C? 93406 16. Club shall indemnify and save harmless City from all claims, demands and judgments arising out of any injury to anv person or property occurring- in, on, or about Sinsheimcr Pool premises arising out of Club's use or occupancy of the facilities. Club shall not hold City harmless for responsibility for damages or injury arising solely out of City's negligent acts or omissions. OIL, I IN lli-TESS tiic panti,—,7 h.crcto ve c ecutcd th:.s agreement on the day and year first above .-jrit-ten. ATTEST: Ci, - Cier;%, J. H. �t'ltzpatricv �1��Y .. Approved as to form: SAN LUIS OBISPO S'-.I74 CLUB, Barry M. Name & TitlO - - K��l Meniber'.Board of Directors CIM2 O= SAN LUIS OBISPO Y "I W714- iz-41 L IA I - vor Lynn' R. coo—�r Approved as to content: City Attorney City Administrative Q-rzlce-r Direqtc'r-0 Parks & Recreation Jr, RESOLUTION NO. 4674 A RESOLUTION OF THE COUNCIL LUIS OBISPO INCREASING GENE] FOR THE 1981/82 FISCAL YEAR 1� .2 (1981 Series) OF THE CITY OF SAN ZAL FUND APPROPRIATIONS BE IT RESOLVED by the Council of the City of San Luis Obispo that the following general fund appropriation account be increased to provide for unbudgeted Police Department expenditures. Account No. Description Amount (80) 01- 4013 -267 Mutual Aid Expenditures $ 13,550 (Diablo Canyon) (80) 01- 4052 -000 Police Department- $ 2,150 Other Equipment (85) 01- 4152 -000 Fire Department- $ 2,150 Other Equipment On motion of Councilman Settle seconded by Councilwoman Dovey , and on the following roll call vote:. AYES: Councilmembers Settle, Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of November- 9 R 4674 'F� � e, /hkyc ci u (f Z /L} a ry \ ct v� RESOLUTION NO.4673 (1981 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBIPSO DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City Council herein declares that all items of personal property listed in Exhibit "A" attached and incorporated herein by reference shall be surplus property. SECTION 2. That the sale of such property is hereby authorized. On motion of Councilman.Dunin , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Dunin, Dovey, Griffin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of November.1981. ATTEST: CITY LERK PAMELA G City Atto Js. Y lPMA.n._j Tolic4QChief R 4673 I:. EXHIBIT A ADDENDUM G. E. Portable Radios Serial Number City ID Number 516 -1532 10204 516 -1533 10205 516 -1534 10206 516 -1535 10207 516 -1536 10208 516 -1537 10209 F- � � -e_ AJ C V rn MU RESOLUTION NO. 4672 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING POLICY ON CON- TRACTING FOR PROFESSIONAL SERVICES. WHEREAS, in the course of City affairs, it is from time -to -time necessary and prudent to engage services from private practitioners in various professions; and WHEREAS, it is desirable to have a uniform policy for contracting for the services of professional persons and firms in private practice; and WHEREAS, such services are of a professional nature for which competitive bidding is not ordinarily desirable or practical; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Whenever the number of staff is judged to be insufficient, workloads are excessive, or staff lacks professional capability, all as attested to by the Administrative Officer, professional services may be engaged, consistent with applicable budget limitations. 2. The professional services to be engaged shall be supplied by those persons or firms competent and expert in the work to be performed. 3. Local Preference: Local professional persons or firms shall receive preference, when it can be demonstrated that such persons or firms maintain a fully staffed office in the City or vicinity and whenever such hiring will not result in unreasonable delay to the job or the employment of professionals without proper qualifications for the project under consideration. It is the further policy of the City Council that repeated consulting assignments shall not be concentrated in any single local professional individual or firm. R 4672 ;Alk. Resolution No. 467,981 Series) Page 2 4. Selection Process: The Project Manager will prepare a Request for Proposals which,after Administrative Officer review and approval,will be sent to professionals capable of conducting the project. Upon receipt of proposals from the professionals, the Project Manager will.make an analysis of the pro- posals and recommend to the City Administrative Officer those firms and /or individuals that warrant further evaluation by interview. A three - person committee, consisting of the City Administrative Officer, the Department Head responsible for developing the project and the Department Head responsible for the project after completion (or their designated representatives), will interview the selected professionals. The committee will consider, among other factors, the experience and capability of each firm, but will not consider fees. Upon completion of the interviews, the committee will rank the proposals and the Project Manager will submit a report, with a recommended priority list of professionasl, to the City Council. The City Council, at a regular meeting, will review the report, and authorize staff to negotiate a formal contract with one of the professionals. 5. Contracts: Subsequent to action of the City Council, the Project Manager will negotiate with the first designated professional regarding time schedules, scope of work, fees and all other matters relating to the prepar- ation of a contract document. If agreement is reached, a formal contract will be prepared and submitted for Council approval. If agreement is not reached, negotiations will be broken off and the Project Manager will negotiate with the second designated professional on the list. 6. All contracts for professional consulting services in excess of $5,000 shall be made in accordance with the foregoing unless otherwise approved by the City Council. :� ,• Resolution No. 46 7 981 Series) Page 3 On motion of Councilman Settle seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this nth day of Nnvamhar 1981. ATTEST: City Clerk Pamela oges APPROVED: City Adminis City Attorney Public Services Director F l' /(� � � �o r r�s-- �/ � . ��� .. '�. RESOLUTION NO. 4671 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ANGELA AND JAMES MORABITO 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 Angela and James Morabito 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 Angela and James Morabito located at 208 Higuera Street, San Luis Obispo, California 93401. On motion of Councilman Settle and on the following roll call vote: seconded by Councilwoman Davey AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was pas 1981. ATTEST: CITY LERK PAMELA V GES and adopted this 17th 'day of.Nov mbar , MELANIE C. BILLIG R 4671 AGREEMENT V THIS AGREEMENT made and entered into this 17th day of November , 1981, by and between ANGELO MORABITO AND JAMES MORABITO (hereinafter called "Grantors "), and the CITY OF SAN LUIS OBISPO, a Municipal Corporation (hereinafter called "City"). WITNESSETH• In consideration of the mutual benefits, promises and agreement set forth herein, the parties hereto agree as follows: 1. Grantors shall convey to the City 2560 square feet (0.059 acres), more or less, lying along Higuera Street as described and delineated on.the attached Exhibit A. 2. City agrees to remove existing curb, gutter, and sidewalk and to install new curb, gutter,.and sidewalk to accommodate the new street alignment created by the conveyance. Driveway ramps shall be provided to accommodate the subject property to satisfaction of Grantor and in accordance with City standards. 3. City agrees to pay Grantors twenty -five thousand dollars ($25,000) as total compensation upon delivering an executed deed and any required reconveyances. Any title and escrow fees shall be paid by City. 4. City agrees to relocate existing sign (or new sign supplied by Grantors)within acquisition area to location desired by Grantors, in accordance with a sign permit to be acquired by Grantors. 5. City will provide all necessary engineering, relocate utilities and drainage improvements as necessary, and pave out the street to the new gutter. 6. City will require provisions in its contract for reasonable access to Grantors' property at all times during construction and to provide for coordination between the contractor, the City, and Grantors to minimize disruption of Grantors' business operations.- 7. By virtue of taking, and minimized setback of existing building, City agrees and covenants with present and future.owners of this property that no future remodel, improvement, modification or replacement of existing or new buildings shall be denied by reason.of existing or future setbacks regardless of valuation of work without just compensation to owner of record. 8. Grantors shall not be unreasonably denied the right to install revised entrance improvements, nor shall City begin construction of any widening activity prior to said revised entry improvements being completed provided Grantors complete said work with-in 30 days of agreement of parties or any extensions approved by City. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. City Clerk Pamela( Vog`es � APPROvED: GRANTORS: Angelo Morabito CITY OF SAN LUIS OBISPO a Municipal Corporation City Attorney 'i ity.Eiigineer --. - - - U W "J 0 ��fn �•• t' ,c�ED /fATEi7 f1DD ?ESS � Z/� N /��Ut.�fi ,�7,C'EET _ CIFIA Off- sa,rl Luis, ouispo a EKH/ B/T "A N /�(JE.QA ST,�EET W /DES(/ /�/G �CEA3i�c c Grr CF SAU Luis C'rig�c A;y /9fi/ RESOLUTION NO. 4670 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND PETER LEE AND PAUL LEE 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 Peter Lee and Paul Lee 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 Peter Lee and Paul Lee located at 214 Higuera.Street, San Luis Obispo, California 93401. On motion of Councilman Settle , seconded by Councilwoman Dovev , and on the following roll call vote AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of November , 1981. ATTEST: PIELANI MAYOR E C. BILLIG '. CI CLERK PAHE ES Cit ngineer R 4670 AGREEMENT, THIS AGREEMENT made and entered into this 17th day of November 1981, by and between PETER K. LEE and PAUL LEE (hereinafter called "Grantors "), and the CITY OF SAN LUIS OBISPO, a Municipal Corporation (hereinafter called "City "). WITNESSETH: In consideration of the mutual benefits, promises and agreements set forth herein, the parties hereto agree as follows: 1. Grantors shall convey to the City 2000 square feet (0.046 acres)., more or less, lying along Higuera Street as described on the attached Exhibit A. 2. City agrees to remove existing curb, gutter, and sidewalk and to install new curb, gutter., and sidewalk to the new street alignment created by the conveyance. Driveway ramps shall be provided to accommodate the subject property to satisfaction of Grantors and in accordance with City standards. 3. City agrees to pay Grantors seventeeni:thousand�db.11ars ($17,000) for the above conveyance. In addition, City agrees to pay Grantors $8,000 as total compensation relating to severance damages, upon delivering an executed deed and any required reconveyances. The compensation is limited to the 2000 square foot acquisition only. .4. City agrees to relocate existing sign (or new sign supplied by Grantors) within acquisition area to location desired by Grantors, in accordance with the sign permit to be acquired by Grantors. 5. City will provide all necessary engineering, relocate utilities and drainage improvements as necessary, and pave out the street to the new gutter. 6. City will require provisions in its contract for reasonable access to Grantors' property at all times during construction and to provide for coordination between the contractor, the City, and Grantors to minimize disruption of Grantors' business operations. i 0 7. City will re- landscape within the front 20 feet (after widening) of Grantors` property in a manner similar to that which exists; said landscaping to be installed within 45 days after completion of the street widening project. 8. City will pay all title and escrow fees. 9. By virtue of taking, and minimized setback of existing building, City agrees and covenants with present and future owners of this property that no future remodel, improvement, modification or replacement of existing or new buildings shall be denied by reason of existing or future setbacks regardless of valuation of work without just compensation to owner of record. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. GRANTORS: PEKING PALACE OF SAN LUIS OBISPO (A Limit -ed Partnership) ��„rcfyc� Peter K': Lee 1-1 a�� /x- Paul Lee CITY OF SAN LUIS OBISPO ATTEST: a Municipal Corporation 1 City /Clerk Pamela/110 ges ay elanie C. APPROVED: PW. %- . I �vv. -.- ty Administrativ Officer City Attorney - City 4 gin er 0 n, ® 92fA A6- nh -A77,D � Ll oo Bess : Ze,? L! /GUE,C-A -STPEET A. city of San tins OBISPO :PSI ExH1a1r "A " 914 U ERA SMC-c r Wior,01,14 RETE.e .i�' LEE Er. A[ T Gry 6r.S?a LUis O$/.;Pu m4K 1981 RESOLUTION NO. 4669 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND GREER & COMPANY TO EXTEND THE ORIGINAL AGREEMENT TO DECEMBER 31, 1981. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. 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 Obsipo and Greer & Company to extend the agreement to December 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: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed Attest.. City /Clerk Pamela ges 17th day of November , 1981. c. C. -B illig R 4669 AMENDMENT, TO AGREEMENT The undersigned parties to that certain agreement between the City of San Luis Obsipo and Greer & Company entered into on the 7th day of October, 1980, hereby agree that Section 7, Time of Performance, of that agreement shall be.amended -- pursuant to authorization received from the Office of Traffic Safety, State of California, to extend the time of completion of the services to be performed under said agreement to December 31, 1981. This amendment to be attached to said agreement and incorporated therein. IN WITNESS WHEREOF, the City and Contractor have executed this Amendment on this 17th day of November 1981- BY: La ry E: Greer Greer & Company SAN LUIS OBISPO Attest- By: 1 _ City Clerk Pamela Voges • E X i Dl', I T 'MIS AGRH*,-:E.!T, iiz:i(k! ;tii(l cnt•t:uft hate L:I;- 7th day of by and bet-,70-on the Cif;; of S;ni T,uis ohi,spn 'iio.rcjtj:ifter rcrerrcd to as "City") and Greer & Company (hereinafter. rcf-.�rred to as "Contractor ") "I'rF"SS"TH WHEREAS, the Contractor for and in consideration of the covenants., co . ndizions and agreements and stipulations of the City Administrator herein expressed, does hereby a[ree to furnish to the City Engineering services and materials, as follows: I Statement oT Work i% A Contractor shall perform the tasks set out in Exhibit "A", eqti-In'-, "Scope of Work", attached hereto and incorporated herciby by this reference. B. In addition to the tasks set out in Exhibit "A" Contractor s! prepare reports as required in Exhibit "B",. entitled "IReports; Compensation attached hereto and incorporated herein by this reference 2. COT71 pnnsa t i o n For performance of the tasks set out in Exhibit "A", Contractor shall be compensated as set out in Exhibit "B". The compensation set out in E xhibit S11,-111 be full complete and CXclusi,•a compensation for Contractor's perform ance 3. Cost Limitation contract shall not exceed the sum of Total expenditures made under this 26,015.00 4. m "ethod or Pa,onLs of %,:or'- estimated percentag Contractor shall be paid inonL111v IMSO(I upon the estim, yipj ;(:aLe to Llw Cit� ;jjjd .C);;jpj0,LC(j. Con() -.Lot :;hall S"I'MiL t V Administrator. in U11 -ccnL of the billin-s, which retention sh;iLl be. The City shall. retain 2 Paid to Contractor to-,OLhL1r with final payment, upon acceptance by the Cit.- and tile t.: c tho sa t is Fac to ry f ina 1 report. California Office of Traffic Saf Exhibit B S. > Laws to be Observed. conmictor shall: A. Procure all permits and If-cerise, pay all char.-es and tees, and all notices which may be necessary and incidental to the due and lawful. prosecution of the services to be performed by Contractor under this Agreement; B. Keep its fully informod of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect these engaged or employed under this Agreement, any materials used in Contractor's p.er- ,formance under this Agreement, or the conduct of the services under this Agreement; C. At all times observe and comply with,and cause all of its employees to observe and comply with, of said laws, ordinances, regulations, orders, and decrees mentioned above; D. Immediately report to the City Project Director in writing any dis- crepency or inconsistency it di .scovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement. 6. Subcontracting Contractor shall not be permitted to subcontract ,any portion of this contract, except as indicated in the contractor's proposal, without the express written consent of the City Administrator and the Office of Traffic Safety. 7. Time for Performance Contractor shall perform the required tasks under this AL�eement c•�ithin the time frame set out in Exhibit 8. Duties of City City shall perform those tasks set out in Exhibit "D ", entitled City Participation, attached hereto and :incorporated herein by thin- reference, within the time frames set out in Exhibit "C ". 9. Reports Contractor shall be required to furnish reports as set out in E..hibit "B ". -2- 10. Pub 1. ica t icui A. Contractor shall pni: be cnuth(iri::ed to coF-yri.ght the r.i.n•zl. rr pr.)rt without written approval `rem the City and the Office of Traffic Safct•;. Cc,—I t:r:or. shall also be prohibited during the term of this contract 5rom co,) yr.icaitinl; an,; Papers, interim reports, forms, or ot:hcr mat:er:ial s,hi.ch is a part of the work: un %er this contract. B. Publication rights to any documents produced are to be reserved to the City and the Office of Traffic Safety. C. All reports published by the Contractor shall contain the fello :cir._ statement on the credit sheet:. "The opinions, findings, and conclusions expressed in this publication are those of tine auChors and not necessarily those of the Office of Traffic Safety, the Narional ilioh:;ay Traffic Safety Administration or the Federal Highs =ay Administration." D. Both written and oral releases are.considered to be within the context of publication. Ho:-,ever, there is no intention to limit discussion of the study with small technical groups or lectures to employees or students. Lectures to other groups which describe the project but disclose neither data nor results are permissible without advance .approval. E. A11 reports shall contain the.fol.locaing credit line: "In coaherr.tion with State of California, Business and Transportation Agency, Office of Traffic -. Safety, the U. S. Department of Transportation, ?rational Highway Safety : \dn;inistr tion and Federal Hil;hway Administr ;ition." '~ 11. Project Inspection - The Office of Traffic Safety, the National Highway ,Trnffic Safety :. Administration, the Federal liighwap Ad.mi.nistr.ation, and the City may review and inspect the Contractor's activities du::ins; the progress of the program. 12.. Accounting, !records Contractor must maintain" Zc:cunting records and other evidence pertaining _'- ,. ,' ;,:; to costs incurred which records and documents shall be kept available at the Colltractor'S Cali "o ril La Ilf [1':U (lllr ill• "!1^ '.'(I I It 1': IC: I. I)l`I'L, r,l ;lll,I I.il crr!a ii:,_r fn- years Irocs the (L.ILe o( I ill :IL 1) ;1 lit �211L ')f I7 , ,It.ra1. frlcld:� 11 creu;1.1-!r. 13. Ownershin of MiL.i All data, maps, photographs, and other material co11(cted or prep.ar.cd under the contract shall become the point property of the City and the Office of Traffic Safety. 14. Contract Termination This contract may be terminate,' at any time for breach and Adr..inistrator . may terminate unilaterally and without cause upon thirty days written notice to the Contractor. All cork perforrled pursuant to the contract and prior to the date cf termination may be claimed fcr reimbursement. 15. Assignability Contractor shall not assign or transfer interest in this contract . without -the prior written consentof the City and the Office of Traffic Safety. 16. Amendment It- is mutually understood and agreed that no alteration or variation of the terms of this contract, cr anl: suLcontracC requiring the approval or the City and /or Che Office of Traffic Safety, shall be,vnlid unless made in writing, signed by the parties hereto, and apnrove:l by all necessary parties. 17. Not iccs All notices llcreunder sh, ll. be given in lariting and mailed, postage prepaid,' by certified mail, addressed as follows: City: CiL• Of San Luis Obispo 990 Palm Street San Luis OM`i;po Contractor: Cri:,r F. Company, Engineers S Planners 430 -C Lakeview Avenue Anaheim, CA 92307 18. Interest of Con,:ultnnt Contractor co voi ants that it ; :'(:•C IC1Y h. no interest, and --hall nct 'acquire any interest, direct or in..;ir•_ct, financial or othur'ise, which ould cc ^fl.ict in any manner or dcgroc uit.i1 t:It! 1'c17 1'0r::c1 m:v of L ct !;r_rvi.ces I!ereun(I er. Cui;;:r :. r further covQn:ints tl)aL, in L ,_ porCormru!ce of thi:; Agrcen!enL, ll no person having such an interest shall be employed. Contractor certif.c!s that no .c. who has or will have any financial int ^_rest !under this Agreement is an offi.ccr cr employee of the City. It is e pressly agr^cd that, in the perforrnince of t':o services hereunder, Contractor shall at all times be deemed an independent cent_.n.c-1or and. not an agent or employee of the Cit?. 19. Non Solicitation Clause "The Contractor warrants that he has not employed or retained ariv ce -aariv or persons, other than a bona fide employee working solely for the Contractor, t_ solicit or secure this contract and that 1)e has not paid or agreed to pay ar.% cc -pans or person, other than a bona fide employee working solely for the Contractor, fee commission, percentage, brokerage fee, gifts, or any other consideratie ^., contingent upon or resulting from -the award of making of this contract. For breach or violation of this warranty, the.St_ate si)a11 have the right to annul tai= cen_r-ct without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise `reco,.er, the full amount of such fee, cor-mission, percentage, broker, ;e fee, gift, or contingent fee':;. 20. Indemnity Contractor hereby agrees to idcr.:ni,`:y and save harmless the City, its officers, agenLS and employees of and from.: - A. Any and all claims and dc2mnnds which may be made against tl)e Cit: , its officers, agents, or employees by reason of any injure to or death of any rerson .r.. or damage suffered or su:;ta.ined liy a!)} pr_r;on or corporal' ion caused by, or ,�llre d to have been caused b:', in,- act or om!: ;sicn, negligent or otherwirc, of Contrac:tr.r r ". under this agreement or of Cootrc)ctcr's employee or nFcnts. B. Any and all d,)ma;;c to or destruction of the property of the City, its officers, agents. or aplo_:ees occupied or used by or in the care, custe�!_:, cr. COO CroL of Con r. rac to r, or l.11 Pro: {ltn 1Ly !'o rI, ::ltC Oi Con 1: me tor's bfl>ri!, r ; ;l'I ^r•rt 1,•• :,•, • act or omission, negll:IenL Or other-.!1.',c, C( C'r ; ;Cr ?CtOr ul1CIQr this A;rcrmv1 nt ?r ')' Consul Callt'S elllployees or a6ent9; C. Any and all cl.air•:s and demands i.'hich may be made against the Cit,:, its officers, agents, or employees by reason of an.: injury to or death OF or dar.a•re sui:.ere,l or sustained by any employee or :.gent of Contractor under this Agreement, excepting, however, any such claims and c1c:nar.ds which are the result of the sole negligence or willful misconduct of the City, its officers, agents, or employees: D. Any and all penalties imposed or damages sought of the violation of any law or regulation or of any term or condition of any permit. Contractor, at its own cost, e::pense, and risk, shall defend an.: and all suits, actions, or other legal proceedings that may be brought or instituted `;_: third persons against the City, its officers, agents, or employees on any such clais or demands of such third persons, or to enforce any such penalty, and pa: and sa *is any judgment or decree that may be rendered against the City, its officers, agents or employees in any such suit, action, or other legal proceedings. This condition applies • f only to wort; performed by the Contractor in the reasonable execution of the work- sccpn attached hereto and covers an; acts of his or his subcontractors. 21. Vorkers' Comocnsation Contractor certifies that it is a1; :1ic Of the Provisions of the habor CO;I'_ of the State of California, which require ever; employer to be insured against liabi.lLty for workers' compensation or to undr_rtake self - insurance in accordance the provisions of that code, and it certi.ries that it will comPly with such provi.s.Lons before comrlcncin, Cllc parform'rulcc i ?f t.hc l:ork Of. this ;IF uI nlcnt. 22. Insurance At the request of the Cit.: Pr ^, ;ect Director, Contractor shall provir.e Proof of comprehensive general. Liability insur:uice (including, automobile) and Prof ^_ssional .. liability insurance in .xmount.> satisfactory to L1l2 City Proj.oct Director. �D 23. M.'ruemell L_ The to rms. cuiid i L : t , i I , , ; Vi L I I i S ;ii,rc-2mt!n r s I inL I ;t and shall bind, tile. heir:;, ritccesso-'s, (I:•I.(?,C'.1'L'017rI administrators, nssizns, subcontractors of both partics. 24. Vaivers -iny breach or violation of any term, The waiver by either party of covenants, or condition of this agreement. cr of any provisidn, ordinance, or !a-.: shall not be deemed to be a waiver of such term, covenant, condition, ordinance cr 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 br or violation by the -other party of any teim, covenant, or condition of this or of any applicable law or ordinance. 25. Costs and Attorney= Fees The prevailing parry in'aiiY action brought to enforce the terms of this Agreement or arising, out of this Agree:etit may recover its reasonable cost= and attorney fees e'•.pended in connection t-!ith such an action from the other party. - 26. jISL21 0j)portunitI./'.ASSLl, anca During the performance of this contract,., the Contractor agrees as fOIlUWS: pp' i to against am: employee ()'- L -I L A. The Contractor will not di�;criminagainst an -ed. color or national origin The Cclit!'::ztCr for employment because of race, sere, creed. wi.11 •take affirmative action to ensure: utc: LjjL applicants are emplo7od, and chit are treated dUr in-, emp I (I ymc.1.1t witII(NLI t rcgarcl to their race,, sex, creed, cc., if. r er national oririn. Such action ction shnI.I. illt. l.uc!c, but not be limited to the -erti� r rccruLLo,�.cnt :idl. employment, upgrading, demotion or Mitisrol; recriti.tmont 0 layoffs or Le M. ination rates Of jiny or other rn of conensation; and id ..elect r n agrees to Post i cclsr'.ruOus 'Clitice.,hiti. Llic Contractor t, for training, includin app, PI -ices, available to empi.oyocs --tild irrt Lc;i-.ts for c-mplo%mcnt notices , I ccs set�i- 'or t" -:discrim.i nit ion cl:iuse. tile provisions of thi:; licii • 0 li. The cIII Lr :icL r .:11.1, In :111 ;-Lit- i L:1L1(in': nr r 13C':: tr r -:- employees placed by or nn hr•h:1Lf of th^ 1.on . a. Lr r, : :taC t that n11 rlunl i f ir•+i applicants will receive conslder7ltion f:lr mployment b!I.tllout r ^_;;.:rd to rare, rox, creed, color or national origin. C. The Contractor will sent to each labor union, or rcprescntativ•= o` workers with which has has a collective bargni.nin n regiment or contract or under- standing, a notice advising the labor union or :•;orker's representative of the Contractor's commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The Contractor will permit access to his books, records and accounts by the applicant agency, the State, the Federal Highway Administration and /or the National Highway Traffic Safety Administration for purposes of investigation tc ascertaicl compliance with this nondiscrimination clause. L. In the event of the Contractor's noncomnliance with the nondiscimi.n- ation clauses of this contract, this contract may be canceled, terminated, or sns- pended in whole or iD part. 27. Agreement Contnins All L'nderstandin This document represents tho entire and integrated Agreement bet;reen thy° City and Contractor and supersedes all prior negoLiations, representations, cr agreements, tither written or oral. 'nits document may be amended onle by itt n instrument, signed by both the CLev and Contractor. All provisions of this Acreenent are expressly made conditions. This A•;re.cmcnt shall be governed by the la'.;s of tho State of California. IN 14111.1ESS lJllli!:COF, the City and Contractor have executed this Agreement the day and year first above wriLten. y , _C_ C% ATTEST: i CIT'i C i • N � I \`/ /I l y U I N 7 I) l r) (71 r� C7 l �J O V7 Q C1 f.D w n. Eli O w � C C:` u'7 00 U N F L+ 0 C E C; � J H �J U i N 1 i 1 i i a - I i 'T...T.y.y�y�l�r•�rR'TTI'T' � I \`/ /I ,� /1 r C C) I r-1 U LJ G'7 O O O l r) (71 r� C7 l O O V7 Q C1 f.D :'I Cl O L: O O I C C:` u'7 00 U N F L+ C I C f•7 C; � J m I1. n M r) 1 1 j_ •:T.•R ^4 TR• ^',�.�! ��l•l1, .._. "t���__•Va n1�fY lffln•Of_� .— ..�.Tn..� I � 1 N — — O y z p w v N ' 1 � r — uy — — 1 1 o J C O C C tC' O CO i 0.7 C L, 1 1 c � O 4J trJ Ln °J CL a' N I M M L( , L (I 1 r r N C C c r•. o N :7 r� p r C•7 r•� vT v� Ln ! M N � r) Vl N In L'l rr) c tJ Cl L'7 Q O C C C O I n D � 1 V) O = F— n In U U '� r r C C) I 4l O O c+'9 r_, O L: O O I C C:` u'7 C I C N I 1 _ r I � N — — O y w C 1 1 I 1 r` r` — uy — — o J C O C C tC' O CO i 0.7 C L, 1 1 c � O 4J trJ Ln °J CL a' N I M M L( , L (I 1 r r N C r M O O C or, C C O I r: 1 1 � Q N r r « L C L7 �- r f') C L 1 I I In C) rue I M c N L'7 •.0 r� 3�CCI; M ..� •�Y In t.7 � ' C IO2Cc,:r C c r•. o N :7 r� p r C•7 r•� vT v� Ln ! M N � r) Vl N In L'l rr) c tJ Cl L'7 Q O C C C O I n D � 1 V) O = F— n In U U '� r U F ::rlrr,IT "A" — SCOPE, OF ;:Feint; U TASK 1: DEVELOP COMPUTER DATA STOR.\('-E :\?;D RETRIEVAL SYSTEM 1 -1. Atod:ifv Ccmputeriaed Inventory Program The City of San Luis Obispo has specified the use of a comput^_rized traffic control device inventory system to be operated on the - County's computer facilities. The existing program utilized by the Contractor on previous assignments is written in COBOL and, as such, will be ccmpatible with the County's computer facilities. The program will require minor modification to access the County's IBiI 370 -138 computer. 1 -2. Review Citv Procedures and Records A detailed review of the City of San Luis Obispo's records will be undertaken so the consultant completely understands the types of information that are presently available and the data that rust be compatible with the new traffic control device inventory system. Also to be reviewed will be the existing procedures and work order flow for conducting maintenance so that we can have a full under- standing- of the basic staff operations upon which to develop and update the record maintenance system. TASK 2: DEVELOP i•L \PPING PROCEDURES New 50 -scale aerial photographs of all functionally classified. streets. will be provided and will.present graphically the location of all signs, signals, pavement, and,curb markings. The City title box and boarder sheet design will be used with the aerial photographs. TASK 3: FIELD Ii;VENTORY 3 -1. Design Final Field Forms - Once the input /output formats have been finalizud above, the field forms can be designed, reviewed by City staff, and printed in preparation for the beginning of field data collection. Scpnr:te field forms will be prepared for traffic.signs, pavement, and curl) markings, :1nd traffic sips, 3 -2. Conduct Field Invcn.t'ory All streets within the City will be inventoried using the for::; developed in 'Cask 3 -1. Subject to Citv review and approval, the following inforrantion will be collected for each type of a. Trnff.ic Signs 1. Location of the si.;,n (approximate number of feet frem :n intersection.) 2. Tile side of the street upon which the sign is located. 3. Direction the sign faces. 4. Physical condition (good, bent, faded, chipped, peeli ^a, etc.) 5. Visibility (good, obscured by landscaping, obscured by physical barrier, etc.) 6. Mounting.height (good, low but not critical, too let-:.) 7. Support type. 8. Support condition. 9. Date of inventory (month, year.) Space will be provided on the updating format for the City to add information on the date and type of most recent maintenance and the ordinance number of.authority under which the sign was initially installed. b. Curb Markings 1. Location (approximate length of marking and approximate distance from the intersection.) 2. Type. 3. Physical condition (good, fair, needs repainting.) 4. Color. 5. Date of.inventory. C. Pavement Markings 1. Location. 2. Type. 3. Condition (f;ood, fair, needs repainting.) 4. Color. 5. Date of inventory. -11- In regard to Vile trnff.ic oi.,n: lr., oach of the fifty or sc :i:;nctls in the City are to be iuvcntor Led . Trb 'LuvenLor.y wl.l.l. he on 8". ;' .sized format in notebook form i:ncludi.n;; photogrnphs of the itttersertion and concroLlcr :uid aerial n:ap)i of Ulu inL-ersection. In makin-7 the inventory of the traffic signals, dnLa will be gathered, not on!,., for the purpose of inventoryin^ the existing equipment, but also for the purpose of enabling rer_ommendr;tions, to be made for upd..tting contr.ol.l =r., detection and signal har&:are as part- of our comprehensive program of traffic control device re•,icw and update recommendations. Traffic signal timing and phasing schedules will be included,. In addition to merely ccilecting the above information on the different traffic control devices within the City, an evaluation will be :made *_o determine if each traffic control device conforms with the California Traffic Manual or the Manual.on Uniform Traffic Control_Devices. Any locations with specific sign deficiencies will be identified and recommendations made for the installation of appropriate devices. Night inspection of those traffic control devices required to be reflec- torized and visible at night shall also be conducted and the night visibility evaluated. In addition, specific evaluation of corner clearance /sight distance will also be evaluated during the field inventory with specific recom- mendations to be submitted for deficiencies.as identified. TASK 4: INVENTORY SM- 121�RIES AND RECOeMENDATIONS 4 -1. Review and Evaluate Field Data Once the field inventory is completed, al-1 of the field -forms will be reviewed by a senior engineer relative to the confor- mance of each traffic control device to the California Traff=ic Manual and Manual on Uniform Traffic Control Devices and fiel:i recommendations for actions to be taken. The field inventor-, and the office review and final recommendations will be keypunched for computer prose >ing. 4 -2. Produce Summarv._LisLs and Reoorts A complete run listing all of the signs, pavement r..arkin s and curb markings will be produced. In addition, various summaries of the above information will be prepared and the most critical maintenance assignments will be highlighted. TASK S: ESTABLISiI IMPROVEMENT VROCRAM A detailed improvement pratgram will be outlined so that the City of San Luis Obispo can be.-in an orderly process of correcting anv c.efil.1 control devices. Priorities will be established in the pro^ram, so that those devices which snbjeot the City to the greatest liability risks will be corrected first. Cost estimates will be prepared for the vari- ous phases of the imurovc^ent program. ``' -12- TASK 6: HANAGt ENT M'PORTI.NG SYSTF•. :1 6 -1. Inventory Haintenanc Pro ,,,ram Operational procedures rnviewed earlier will be analyzed to determine how modifications, if necessary, can be made. A system will be devised in order to efficiently process requests for new work, maintenance, etc., and enable the data to be recorded in the computerized inventory system. The field data obtained earlier will be used as input to the inventory maintenance s, :stem. The data will be recorded into the system and sign replicas will be placed on a set of aerials.. 6 -2. Prepare User Manuals The management reporting system will be documented and user manuals prepared to allow the City staff to use, maintain-and update the system. TASK 7: PREPARE FINAL REPORT AND TRAI;NTNG All work perforncd as described herein shall be summarized in a final report. Upon approval of a draft report by both the Office of Traffic Safety and the City of San Luis Obispo, contractor will prepare and submit thirty (30) copies of a final report to the City for its use and distribution. The final report shall contain the following infor- mation: 1. Study Methodology. 2. Study results. 3. Deficiencies in traffic control devices. 4. A priority program to correct any control device deficiencies. In addition to the final report, the City shall receive.-the following study end products: 1. Master computer listing of all devices within the City. n 2. Summary lists of defici.et signs /pavement markings/signals. 3. Traffic signal notebOnk containing photohraphs and inventory data an r] timi.n and phas in,; schedules. 4. Computer -based inventory maintenance system. ;:: -13- Staff training wLll, in �,ssence, be an extension of the paTtiC';:1tiCn between the consultin; staff and the involved City staff -icnme_'s i- development of the inv.cntory 3ystcm. It is e trcmely importnnL th:nt the staff be aware of die pro,;ress of the project at all ti-mes. Cln: the items discussed I•:ith the City staff during this phase will be technically oriented. A summ:1ry training review session will be hel:' with staff at the completion of the project. .It -14- E:Q111; IT "3" - REPONT' -1: CO"WEiSATION The first of each month the Contractor shall report to the City the status of the project listing, thA work accomplished, work partially done and work to h•: done. REPORTS Monthly reports shall be required of the Contractor for progress review.. City will be able to evaluate the completion of the project.by the finished product by either computer output which correctly lists and maps the inventory, or a computer program which lists inventory and a set of maps showing all function- ally classified streets and the traffic delineations. A final report in'dr.aft form shall be provided City and the Office of Traffic Safety thirty days prior to contract termination for review, recommendations, and approval prior to Contractor furnishing City and the Office of Traffic Safety (5 copies) with tha approved final report. The final report shall be delivered no later than 30 days following completion of the contract. CO ?IPE \SAT "I O.: The contract will be reimbursed based on the estimated percentage of the ,.ork completed in each task as listed below less 10/'. The final 10% will not be released until the project is accepted by both the City Council.and the California Office of Traffic Safety. Task Sequence -15- Task Compensation', 1 -1. Modify Computerized Inventory Program $2,500.* 1 -2. Review City Procedures and Records 400 2. Prepare Aerial naps 5.525 3 -1. Design Final Field FormS 400 3 -2. Conduct Field Inventory 5,300 4 -1. Review and Evaluate Field Data 900 4 -2. Producr_ Summary Lists and Reports 1,100 5. L•'stablish Improvement Fro;ram 1,200 6 -1. Inventory Maintenance Program 1,400 6 -2. Prepare user Manuals 2,200 7. Prepare Final. Reports 1.190 $26.015 *Includes direct expenses for tra%ei, computer, printing, etc. **Before beginnin this item of c ✓ork, the City and Consultant will revie:•: and analy-e the County's present in:•cntory system. If the decision is to use the County's system, the charge for this item will be $500. -15- c� A V Er 1 E! H W H w 00 `D "' um fV VIII i� O O C. t C r, 0 � VIII I —1;,— :J U f; L r- O U L. O C •:1 C 0 T u' 0 U :J 0 c i .j :J .J N .0 C O � �- L Q1 O ? L a L o ri t C, c j � E E .. ri Ln � C '0 c 'J L U1 O O L O . -O C) > n E - ti L a L c- o Q. C — ul U L O L O L ip C U Ul U ri W J a LL -O al ca 1r, - J E c ro ra 7 _ r,1 T u L .. N c, u _ IU % c :- — =� Q > c vi c ri c c. u C) L LL > J O C LL . cc C L N �_ w 'p F E a �_ ri S L ri .. E >. U -: u s. c - LL c U� > 111 L 0 U ,..� C LL W u U ra c � L O. u L L > ,ff L —•) >, ,� i L G q 01 7 L: O C ri ri r� > u m c > r. - > u v Q ui O 5 C1 L a CJ 0 O u C1 Cr L c in w C — L (L L a L 0 .r 0 2 `') U L - Q 'I CJ 1 1 CJ 1 - I V I �• I CJ I ~ N M rt J .p to 1` —1;,— :J U f; L r- O U L. O C •:1 C 0 T u' 0 U :J 0 c i .j :J .J RESOLUTION NO. 4668 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT FIRE CAPTAIN MICHAEL R. POVERO IS DISABLED WHEREAS, the City of San Luis Obispo is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a contract- ing agency determine whether an employee classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability if "industrial" within the meaning of such law; and WHEREAS, an application for disability retirement of Michael R..Povero employed by the City in the position of Fire Captain, has been filed with the Public Employees' Retirement System; and WHEREAS, the City has reviewed the medical and other evidence relevant to such alleged disability; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo finds and determines that Michael R. Povero is incapacitated within the meaning of the Public employees' Retirement Law for performance of his duties in the position of Fire Captain, and BE IT FURTHER RESOLVED that the City Council of the City of San Luis Obispo finds and determines that such disability is result of injury or disease arising out of an in the course of employment and neither said Michael R. Povero nor the City Council of the City of San Luis Obispo has applied to the Workers' Compensation Appeals Board for a determination pursuant to Section 21026 whether such disability is industrial; and BE IT FURTHER RESOLVED, that the effective date of said retirement is date of December 1, 1981. R 4668 Resolution No. 4668 (1981 Series) BE IT FURTHER RESOLVED that there is no possibility of a third party liability present. On motion of Councilman Settle , seconded by Councilwoman Doup and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of November, 1981. ATTEST: n & lam` City Clerk Pamela oges' APPROVED: . i. — City Administrative ficer City Attorney iJ5't= e / �L 0 Personnel Director \rte' Gu eco OMIN U e I'- L A A .Tt1 it t t� .( F `• 1 � i fl rte, t t' RESOLUTION NO. 4667 (1981 Series) [. %ciE EAS, Chief Minor's dedication and hard work has been an. inspirarion to ass all.; and KEEREAS, Chief liinor has improved the professional image o; the San Luis Obispo F "ire Department locally as well as throughout the fire service community and 6FHEREAS, Chief Minor's innovative concepts have caused the Fire Department of the City of San Luis Obispo to be acinired and respected throughout the State of California and the Nation; and WHEREAS, Chief Minor has coordinated the development of a team effort and strong management direction from subordinate Chiefs in the coordination of the department effort; and YIHEREAS, his professional management abilities have aZZowed the personnel of the San Luis Obispo City Fire Department to prosper in an atmosphere of high morale; and WHEFA.S, Chief Minor has coordinated emergency planning for hazardous materials incidents at the county and state level; and WHEREAS, Chief Minor has worked on and developed a planning and career development program for the National Fire Academy; and WHEREAS, Chief ,'Minor's display of loyalty to the City of San Luis Obis:,o, to the Fire Department and the Firefighters has created trust and proficiency within the City Fire Department; and WHEREAS, Chief Minor has become known as a fair, honest, and capable aaministrator among his peers, other City officials and employees of the San Luis Obispo City Fire Department; and WHEREAS, the memory of Chief Minor's stay in our City will remain in the hearts of each and every one of us who have had the opportunity to work closely with him. NOW, THEREFORE, BE IT RESOLVED that this CounzciZ.wishes to express its gratitude to Chief Richard L. Minor for the service he has perf0rned and the contributions he has made as Fire Chief._ On motion of Councilman.Settle , seconded by Councilman Griffin and on the foZZowing roZZ call vote: ,q -yES. - Counciln.embers Settle, Griffin; Dovey, Dupin and Mayor nillig NOES: None ABSENT: None i %J the for ing Resolution was passed and adopted this iatj day of iN n 3_, -r ?Os=• CITY CLERK PAMELY VOGES MAYOR MELANIE BILLIG ; V ' `J e RESOLUTION N0.4666 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING A PRIOR AGREEMENT WITH BECKER &BELL FOR NEGOTIATIONS AND CONSULTANT SERVICES IN EMPLOYER - EMPLOYEE RELATIONS WHEREAS, the City Council approved an agreement between the City and the firm of Becker & Bell, Inc. at its meeting of October 27; and WHEREAS, Council desires to amend the term of that agreement; and WHEREAS, the firm of Becker & Bell consents to that amendment. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Council hereby adopts the attached amended--agreement, marked Exhibit "A" and incorporated herein by this reference-. ._. SECTION 2. The City Clerk shall furnish a copy of this Resolution and a copy of the executed amended agreement approved by it to: Becker & Bell, Inc.; City Finance Director. On motion of Councilman Dunin . , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey, Settle and Mayor Billig . NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of Novembers 1981. ATTEST: MA 0 LANIE C. BILLIG CITY LERK P 4ELA S vv - t. • Z Y we�w City `Addmminisstraatti-ve ficer City n y R 4666 Di AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND BECKER & BELL, INC. FOR NEGOTIATIONS AND CONSULTANT SERVICES IN EMPLOYER - EMPLOYEE RELATIONS THIS AGREEMENT -, entered into this 3rd day of November, 1981, by and between the CITY OF SAN LUIS OBISPO, a political subdivision of the State of California (herein called "City "), and BECKER & BELL, INC. a California Corporation, P. 0. Box 2160, Placerville, California 95667 (herein called "Consultant "). W I T N S S.E T H: WHEREAS; City is obligated.pursuant.to. state law and City policy to meet and confer with recognized employee organizations representing its employees in their employment relations with the City; and WHEREAS, the City Council desires to engage professional- assistance in matters of labor relations representation and negotiations and in accomplishing the process of said meeting and conferring in relation thereto; and WHEREAS, Consultant is a professional labor relations consultant and repre- sentative, who is well qualified by education�.and experience to provide such services; and WHEREAS, City, under authority of Section 31000 of the Government Code, proposes to engage Consultant in accordance with the terms and conditions set forth herein to render such services. NOW, THEREFORE, the parties do mutually agree as follows: 1. Employment of Consultant. City hereby agrees to engage Consultant, and Consultant.hereby agrees to provide the services hereinafter set forth involving their relations negotiations and the instruction and training of management personnel in the implementat -ion of labor relations agreements. 2. Contacts for Responsibility. The City Administrative Officer (C.A.O.) shall represent the City for the purpose of administering this agreement., The President of Becker & Bell, Inc. shall be Consultant's designated representative for the purpose • of administering this contract. The individual within Consultant's firm who will provide services to City as set, forth in Section 3 will be decided by mutual agreement of the parties. If the City and Consultant cannot mutually agree, this agreement shall terminate without further obligation. Consultant shall not delegate or assign his responsibilities under this contract without the'prior expressed approval of City having first been obtained. 3. Scope of Services. Consultant shall provide his special knowledge, services and skills as follows: A. Consultant shall act as City's principal representative and chief negotiator at.all meet and confer sessions.held with all units. All such representations and negotiations shall abide by the guidelines established by the City,. and Consultant shall meet and confer as often as is reasonably necessary until agreement with such.bargaining units is reached in conformance with such guidelines, or until the City Council has determined; after consultation with Consultant that agreement is not reasonably possible with such bargaining units. Consultant shall also act as City's representative at any and all impasse proceedings: which may be conducted, such as mediation or factfinding. Consultant shall meet with the City Council as often as is reasonably necessary during each meet and confer process to. review City's position and obtain further instructions. b. When agreement is reached with an employee bargaining unit, a Memorandum of Understanding will be prepared by Consultant and submitted through the City - Admininstrative Officer for approval. When so approved, Consultant shall meet with City's management team to explain the provisions of any approved memorandum of understanding developed pursuant to'this agreement and to explain any changes in wages, hours and working conditions instituted by the City following the meet and confer process. -2- C. Upon mutual consent of the parties, Consultant shall act as City's principal representative and chief negotiator for units in addition tothose listed in 3(a) above. Such additional services shall be rendered at a retainer rate or at a fee mutually acceptable to the parties. 4. City Assistance. City shall assist Consultant by providing information, personnel, space and facilities as follows: a. All information reasonably within City control or accessible to City and which may be helpful to Consultant in the performance of his services,as provided herein.; and b. A management team composed of members of the affected departments and, at least, one member of the CAO's office to assist.Consultant during the meet and confer sessions; and c: Supplemental clerical and stenographic assistance as Consultant may reasonably require for the performance of his services as provided herein; and d. A suitable location where meet and confer sessions may be conducted. 5. Term. The respective duties and obligations to the parties hereto shall commence on November 1, 1981, and continue through April 30, 1982 providing, however, that either party may terminate this agreement by 30 days written notice to the other party. 6. Fee Arrangement. For the,services described above the City agrees to pay the Consultant the sum of Sixty -:five dollars; ($65.00) per hour while actually engaged in services for the City. Said hourly rate is to be billed on a monthly basis on or before the 20th of each month following the month that the services were performed. Payment of the bill as submitted shall constitute payment in full for services rendered up to the final day of the indicated billing period. 7. Travel and Lodging. Consultant shall submit within 30 days after the payment of, an itemization of travel expenses including lodging, meals and transpor -3- tation on a form acceptable to City. City shall pay within thirty (30) days of receipt of billing all reasonable expenses incurred for transportation, lodging and meals. 8. It is expressly understood and agreed to by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and.is not an employee of the City. 9. Notice. For purposes of a notice under this agreement, all notices shall be considered effective upon being sent by certified U. S. Mail to the following addresses: CITY: City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 CONSULTANT: Becker & Bell, Inc. P. 0. Box 2160 Placerville, CA 95667 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: CITY CLERK PAMELA VdGES BECKER & BELL, INC. LIZ== Pres i Jent CITY OF SAN LUIS OBISPO -4- C) RESOLUTION NO. 4665 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TRANSFERRING REVENUE SHARING FUND APPROPRIA- TIONS FOR THE 1981 -82 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the following budget account be established to provide the additional funds necessary for the construction of Segment II of the Jack House Garden rehabilitation project. Account No. Description Amount (90) 30- 5762 -729 Jack House Rehabilitation $ 11,800.00 (Garden - Segment II) SECTION 2.. BE IT FURTHER RESOLVED that $11,800.00 be transferred from the Parks Development account (90) 30- 5761 -000 to cover the above appropriation. On motion of Councilman:Griffin seconded by Councilman Settle_ and on the following roll call vote: AYES:. Councilmembers Griffin, Settle, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin the foregoing Resolution was passed and adopted this 3rd day of November , 1981. 0 R 4665 RESOLUTION NO. 4664 (1981 Series) N A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT NO. 993 LOCATED AT 415 DANA 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 No. 993 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 plans.. 3. The site is physically suited 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 substandially 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 public easements for access through or use of property within the proposed subdivision. 8. The project is granted a mitigated negative declaration of environmental impact pursuant to Community Development Director's determinatin. SECTION 2. Variance. The following variance to Subdivision Ordinance requirements is hereby approved, based upon the findings below: Reduced cul —de —sac radius from 50 ft. property radius and 40 ft. curb radius to 41 ft. property radius and 35 foot curb radius is hereby allowed subject to the following findings: A. Variance granted is subject to such conditions of street design which assure that the adjustment authorized does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. R 4664 Z Resolution No Tract 993 Page 2 4664 (1981 Series) 0 B. Special circumstances applying to 'the subject property such as size, shape, topography, location or surroundings, the strict literal application of the subdivision ordinance is found to deprive subject property of privileges enjoyed by other properties in the vincinity in that property is occupied by portions of two creeks. C. That under the circumstances of this particular case, the variance, rather than the sections at issue in the Subdivision Ordinance, actually carries out the spirit and intent of the Subdivision Ordinance because the reduced cul —de —sac will provide' for. suitable turnaround area. SECTION 3. Conditions of Approval. That the approval of tentative map for Tract 993 be subject to the following conditions: 1 2 3 4 5 7. 0 Subdivider shall provide public utilities easements along Dana Street frontage to the approval of affected utility companies and City Engineer. Subdivider shall extend water main in Dana Street to the approval of the City Engineer. Water main shall not extend beyond the improved portion of the street. Subdivider shall install individually metered water service to each unit. Meters shall be clustered in the sidewalk at the property frontage. Subdivider shall provide a blanket public utilities easement over the common lot area exclusive of the areas underneath the structures for service to the tract only to the approval of the City Engineer and utility companies. Subdivider shall remove existing guy wire support within Dana Street and relocate the guy wire to a point at the beginning of the cul— de—sac radius to the approval of the City Engineer and utility companies. Subdivider shall grant drainage easements for Stenner and San Luis Creeks within the tract in accordinace with the approved creek setbacks to be established by the City Council. A note shall be placed on the final map stating that the property is subject to flooding during a 100 year design storm. Final grading plan shall have minimum finish grade of +176.5 ft. elevation around all building perimeters to the approval of the City Engineer and if determined appropriate by the Architectural Review Commission. I Resolution No. 4664 (1981 Series) Tract 993 Page 3 9. Subdivider shall grant to the city an access easement for creek and sewerline maintenance by the way of driveway in the tract to the approval of the Public Services Department. 10. Subdivider shall construct Dana Street cul —de —sac with 35 ft:. curb radius and 41 ft. property radius to the approval of the City Engineer. 11. Subdivider shall provide full street pavement for the cul —de —sac with A.C. berm on northerly side of street to the approval of the City Engineer. 12. Subdivider shall install fire hydrant at the right hand side of the driveway ramp to the site to the approval of the Fire Department. Fire hydrant shall be installed prior to combustible construction occuring on the site. 13. Subdivider shall install a building unit directory board at the entrance to the site to the approval of the City Fire Marshal and Architectural Review Commission. 14. Driveway on site shall be increased to 20 feet minimum and provided with no parking striping and signs to the approval of the Fire Department and Public Services Department. 15. Subdivider shall plant 4 specimen (24" or 36" box size minimum) trees in landscaped area of the site to compensate for trees approved for removal to the approval of the Architectural Review Commission. 16. Eucalyptus trees on site next to the San Luis Creek shall be retained. Grading around these trees shall make provisions for survival of the trees and subdivider shall safely prune said trees to the satisfaction of the Public Services Department. 17. Subdivider shall number all units as shown on the attached addressing plan marked Exhibit "A ". 18. Subdivider shall submit declaration of covenants, conditions and restriction (CC &R's) and documents related to the creation of a homeowners association prior to final map approval for review and approval by the Community Development Director and City Attorney. The CC &R's shall contain the following provisions: A. A homeowners association to enforce the CC &R's and provide for professional perpetual maintenance of all common areas including landscaping, building exteriors, private driveways, private utilities, lighting, walls, fences, etc., in first class condition. B. A right of the City of San Luis Obispo to compel performance if the homeowners association fails to perform and assess the homeowners association for expenses incurred. Resolution No. 4664 (1981 Series) Tract 993 Page 4 C. No parking in private driveways except in approved designated spaces. D. A grant to the City of San Luis Obispo the right to tow away vehicles on a complaint basis, which are parked in unauthorized places. E. No outside storage of boats, campers, motorhomes, trailers or inoperable vehicles. F. No unscreened outside storage by individual units. 19. All parking spaces on site shall conform to city standards. 20. All on site driveways, non — structural improvements, such as fencing and landscaping as approved by the Architectural Review Commission and on —site utilites shall be installed prior to issuance of occupancy permits. 21. Final map shall not be recorded until Minor Subdivision 81 -175 is recorded adjusting lot lines to establish tract boundary. 22. Four units adjacent to Stenner Creek shall be reoriented so that the longest side is no more than 45° from due east /west alignment if determined appropriate by the Architectural Review Commission. On motion of Councilman Griffin seconded by Councilman Settle and of the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin_ and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of November , 1981. ATTEST: City /Clerk Pamela ges L` Resolution No. 4664 (1981 Series) Tract 993 Page 5 APPROVED: Acting City Adminis ative Officer 1. y At Community D velopment irector f t TRACT 933 ADDRE5511YG DA NA A -612,7191 _��� �� �' .�.> �- � i v, c� c ���- �'t�1. E � '`�, � �[ �� �-! '•, -ova U Y RESOLUTION NO. 4663 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING WASTEWATER SERVICE CHARGES AND RESCINDING RESOLUTION NO. 3966. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION I. That pursuant to the provisions of Municipal Code Section 7500.8 this Council hereby establishes the following wastewater acreage charge to be used by the City Engineer in computing a pro -rata contribution by new recipients of wastewater services to the total capital facilities of the wastewater system: Wastewater Acreage Charge $3,800. An acreage charge shall be payable in advance for all property that is within the city limits, requires wastewater service and has not previously received such service. Such acreage charge shall be based upon the replacement cost value of'the wastewater collection, transmission and treatment facilities owned by the city, divided by the number of acres served within the city. Such charge shall be separate from and in addition to any charge levied for sewer main extensions. Such acreage charge shall be proportionately adjusted for parcels smaller or larger than one acre. Such charges shall also be levied against subdividable portions of larger parcels currently being served when such subdividable portions require additional wastewater service. Credit shall be allowed for one parcel of land, or the area actually benefiting from the service to be determined by the City Engineer to a maximum of one acre. Parcels larger than one acre and non - subdividable under the zoning ordinance may be charged for the area to be utilized, as determined by the City Engineer, with a minimum charge being for one acre. If subdivision (or further development) is permitted in the future, additional charges will be required. SECTION II. A. That pursuant to the provisions of Municipal Code Sections 7502 and 7503, this Council hereby establishes wastewater service charges as follows: Every person whose premises in the C with the system of wastewater of the are disposed of by the City, through or otherwise, shall pay a wastewater to wit: 1. For each single family dwelling, fifty cents ($4.50) per month. ity are served by a connection City, whereby the wastewaters, the wastewater treatment plant, rental charge based as follows, the.sum of four dollars and 2. For each multi - family dwelling unit in any duplex, apartment house, rooming house or trailer park, the sum of three dollars ($3.00) per month, per dwelling unit. me R 4663 • 0 3. For each dwelling unit in any hotel, motel or auto court, the sum of three dollars ($3.00) per unit per month. 4. For each restaurant or bakery, the sum of three dollars (.$3.00) per month plus sixty cents ($.60) per hundred cubic feet of water used in excess of 500 cubic feet per month. 5. For each public, private or parochial school, the sum of fifty cents ($.50) per month for each :average daily attendance at the school. 6. For each business, church, or other non -dwelling commercial establishment, wholesale or retail, the minimum sum of three dollars ($3.00) per month plus thirty -five cents ($.35) per hundred cubic feet of water used in excess of 850 cubic feet per month. 7. For each vehicle discharging wastewater into the City system fifteen dollars ($15.00) for the first 1500 gallons or less plus ninety cents ($.:90) per hundred gallons for all wastewater in excess of 1500 gallons. The city may require an analysis by a recognized laboratory or by the city wastewater laboratory of the constituents of the wastewater being discharged. The fee schedule for laboratory services performed by the City shall be as follows: TEST FEE P H $ 6.50 B 0 D 55.00 N F R (suspended solids) 20.00 Settleable.solids 15.50 8. Quantity Usage Restaurants and other commercial user's shall be entitled to a water flow allowance for the service charge. Any excess over the entitlement allowance shall be charged for at the rate specified in items 4, 6 and 7 of this resolution. Any non- residential customer using substantial amounts of water that is consumed on landscaping or for other purposes not requiring wastewater facilities may appeal to the City Engineer to determine an equitable ratio of wastewater use for billing purposes or the user may, at the users own expense, install private measuring devices in accordance with the specifications approved by the City Engineer. B. The foregoing rates for service shall become effective on December 1, 1981, and shall be applied on all bills issued on or after February 1, 1982. C. Resolution No. 3966 is hereby rescinded. On motion of Councilwoman Dovey seconded by Councilman Griffin -2 and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of November_ 1981. irn-a�ndn D r toi Public Services Director -3- T mop 37 �1iC�na•��5 f�e(� RESOLUTION NO. 4662 (1981 SERIES) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING.AN APPEAL OF THE PLANNING COMMISSION'S DETERMINATION THAT UTILITY COMPANY OFFICES -ARE NOT AN ALLOWED USE IN THE C -N (NEIGHBORHOOD COMMERCIAL) ZONE WHEREAS, the Community Development Director did, per letter dated September 17',: 1981, advise Mr. Victor Montgomery that utility offices were not a permitted use as had been proposed as part of the Maymont Plaza project at 2238 Broad Street; and WHEREAS, Mr. Montgomery, on behalf of M.S.B. Properties, did appeal this interpretation in a communication dated September 23, 1981; and WHEREAS, this Planning Commission, on October 14, 1981, heard and considered Mr._Montgomery's appeal consisting of the letter referred to above and statements at said meeting and denied the appeal; and and WHEREAS, Mr.. Montgomery did appeal this determination to the City Council; WHEREAS, this City Council considered this appeal consisting of Petition of Appeal, statements at said meeting, minutes and staff report and materials heard at the October 14th meeting; NOW THEREFORE BE: -IT RESOLVED as follows: SECTION 1. The City Council, on the basis of the above- referenced documents and statements submitted and made, finds that the Planning Commission and Community Development Director correctly determined that utility company offices are not a permitted use in the C -N zoning district, in that the regional scale of the pro- ject conflicts with the general plan and zoning ordinance statement of purpose and the clear intent of the City Council not to permit such use in any C -N district. On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll call vote: R 4662 O � Resolution No. 4662 (1981 Series) Page 2 AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of November � 1981. ^� ^ • ATTEST: �Z2 t City C1 rk Pamela Voges APPROVEDs I L-1 tive jbfficer Attorney Community De elopment Dir$ctor �-��� U . �,�,��o c�ccY _, RESOLUTION NO. 4661 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ROSS LEVIN MACINTYRE., ARCHITECTS 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 Ross Levin MacIntyre, Architects to conduct architectural services for the City Corporation Yard is hereby approved and the Director of Public Services 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: Ross Levin MacIntyre; Architects, 1129 Marsh Street, San Luis Obispo 93401, and Public Services Director. On motion of Councilmember Sett1Q seconded by Councilmember Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this "3rd day of November , 1981. YOR LANIE C. BILLIG ATTEST: CITY LERK PAMELA VO ES * * * * * * * * * * R 4661 9 RESOLUTION NO. 4661 (1981 Series) APPROVED: ty Attorney Public Services Director to A G R E E M E N T ARCHITECTURAL SERVICES FOR CORPORATION YARD (ROSS LEVIN & MacINTYRE), This Agreement made and entered into this 3rd_ day of November 1981, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation of California.(hereinafter, "City" or' "Owner') and JOHN R. ROSS & ASSOCIATES,,INC., DBA, ROSS LEVIN & MacINTYRE, ARCHITECTS, 1129 Marsh Street, San Luis Obispo, California (hereinafter "Architect "). W I:T.N E S S E T H: 1. Architect agrees to perform architectural and engineering services for City in connection with development of a corporation yard, said services to be performed as more particularly described in the following, all attached hereto, marked as exhibits, as noted, and incorporated herein by this reference; Exhibit A: Two page letter dated October 16, 1981 from Architect to Dave Romero. Exhibit B: Single page document, entitled "SLO Corporation Yard Time Schedule (Proposed)" Exhibit C: Single page document on Architect's letterhead dated May 1, 1981, entitled "Hourly Rate Schedule." Exhibit D: Twelve page document dated October 16, 1981, entitled "Standard Form of Agreement Betu-zen Owner and Architect - 1977 Edition." 2. Article 9 of Exhibit D notwithstanding, in case of conflict between or among any provisions of this agreement, City in the exercise of its sole discretion shall determine which provision shall prevail. 3. Architect shall be compensated as set out in the attached exhibits. 4. City shall perform those functions and duties ascribed to it in the attached exhibits. C 0 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the date first written above. ATTEST: %l CITY CLERK PAELA VOGES CITY OF SAN LUIS OBISPO JOHN R. ROSS & ASSOCIATES, INC. DBA ROSS LEVIN & MacINTYRE, - ARCHITECTS BY: ITS: P/- E3�vEN�- October 16, 1981 Mr. David Romero Director of Public Services City of San Luis Obispo 990 Palm Street - San Luis Obispo, CA 93401 Re: City of San Luis Obispo Corporation Yard Project RLH Project No. 8147 Dear Mr. Romero: ROSS ARCHITECTS We wish to take this opportunity to thank you, the interviewinq committee, and City Council for selecting the firm of Ross Levin & MacIntyre, Architects for the above referenced project. Following is our response to the pre - negotiating meeting between yourself and Ken MacIntyre on Thursday, October 10, 1981. It is our understanding that the City of San Luis Obispo will be responsible for the design and engineering for the following:. 1. Site grading, paving, striping, concrete flat work. 2. Security fencing. 3. Landscaping of entire site. 4. Trash transfer, material bunkers, open storage areas. 5. Future covered parking. 6. Off -.site improvements, street widening and extensions, curbs, gutters, walks and utilities extended to within 10' of buildings. 7. Soils investigations, property survey and topo. 8. Reproduction and distribution of contract documents.for final bidding. 9. Colored renderings and /or models. 1129 MARSH STREET, SAN LUIS OBISPO, CALIFORN;A 93401 (805) 543 -1291 Mr. David Romero f October 16, 1981 Page 2 The architectural services will include the design, engineering, development of contract documents and review of shop drawings and submittals for: 1, Maintenance Shop Building "A" 12,000 sgft 2. Administration Building "B" 9,000 sqft 3. Warehouse Building "C" 183'180 sgft. 4. Flamable Storage Building "D" 1,280 sgft 5. Depressed Dock /Warehouse 64 Site (Security) Lighting 7. Fuel Servicing Dock with.Canopy 8. Wash & Steam Clean Facility 9. Color Schedule (Interior and Exterior of Buildings) It is understood that all of the buildings listed above will be pre- engineered metal systems and that the contract documents will be prepared for either separate biddina of the various individual structures due to a lengthy schedule of funding or.as one total bid package. The Architect will prepare the necessary documents for Architectural Review Commission (ARC) approval and final plans to the City for plan checking. Our preliminary estimate of construction cost for items 1 - 8 is $1,270,640. This increase of approximately $729000 over our proposal dated August 14, 1981 reflects the additional work relating to the flamable storage building, depressed dock, security lighting, wash and steam clean facility, and canopy over the fuel dock. Ross Levin & MacIntyre proposes a total basic fee of $74,000 which equals 5.8% of the construction cost. If you wish to delete the Flamable Storage Building "D" from.our services, deduct this amount of 8800.00 from our fee. In the event that substantial changes are made by the City, the above basic fee could be changed by re- negotiation or extra compensation to the Architect on an hourly basis per the enclosed rate schedule. Enclosed please find a copy of our proposed Standard Form of Agreement Between Owner &'Architect, AIA Document B -141, and time schedule. Please do not hesitate to call us if you desire additional information or further clari'fi'cation. Yours. - rgly, Rodne a in, AIA���' -�' Enclosures RRL /dah EX IP31T 1srr O SLO CORPORATION YARD TIME SCHEDULE (Proposed) A -E Negotiations Completed Notice to Proceed (November 3 Council Meeting) 1st Presentation of Schematic Floor Plans to Public Services Department (PSD) & Staff P.S. Staff Review A -E Design Team Meeting U October 30, 1981. November 4, 1981 (3 '.-leeks) November 25, 1981 (2 Weeks) December 9, 1981 Date to be Set. 2nd Presentation of Schematic Floor Plans, Elevations, Sections & Cost Estimate (4.5 Weeks) January 11, 1982 [P.S. Staff RevievikEouipment input back to Architect (3 Weeks) February 2, 1982 Schematic Presentation to A.R.C. /File by (City to include landscape) A -E Design Team Meeting Final Preliminaries (Design Development) Cost estimate update including Electrical, Mechanical & Structural (3 Weeks) A.R.C. Review (P.S. Staff Review Check Equipment interface back to Architect (2 !- !eeks) Final Presentation to A.R.C. File Review Final Working Drawings & Specifications to City Council Council for approval to no to bid File By Final Working Drawings & Specifications 95% Complete, Check Sets to Staff A -E Design Team Meeting P.S. Staff Review To Architect within To City Council for Approval to go to Bid Review & Approve To Bid Receive Bids City Council Award Bid (6 Weeks) (3 !-leeks) February 8, 1982 Date to be Set February 23, 1982 March 1, 1982 March 9, 1982 March 8, 1982 April 5, 1982 April.12, 1982 April 20, 1982 Date to be Set May 11, 1982 May 1, 1982 June 4, 1982 June 30, 1982 Julv 6, 1982 10/16/81 - RRL /dah *P.S. - Public Services EXHIBIT 11C„ May 1, 1981 HOURLY RATE SCHEDULE Principal Architect Designing, Engineering and Production Associate Architect Draftsman Steno and Bookkeeping Field Supervision /Observation Certified Architect Consulting Engineers Consultation Travel Printing Specifications Telephone, long distance Greyhound, UPS Ross Levin MacIntvre, Architects Liability Policy ARCHITECTS $ 50.00 per hour 35.00 per hour 25.00 per hour 20.00 per hour 17.00 per hour 40.00 per hour Cost + 5 percent 300.00 per day .18 per mile + direct co! .15 cents per square fool At Cost At Cost At Cost The Owner agrees to limit the Design Professional's liability to the Owner and to all construction Contractors and Subcontractors on the project, due to the Design Professional's professional negligent acts, errors, or omissions, such that the total aggregate liability.of each Design Professional to all those named shall not exceed $50,000 or the Design Professional's total fee for services rendered on this project, whichever is greater. 1129 MARSH STREET, SAN LUIS OBISPO, CALIFORNIA 93401 (805),543-1291 THE AMEv.rCAN INSTITUTE OF AR�1ITECTS CrX.Y d 11 3 tl O. AIA Document B141 Standard Form Of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the Sixteenth day of October Hundred and Eighty =one BETWEEN the Owner: City:of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 and the Architect- Ross Levin & I1acIntyre, Architects 1.129 P9arsh Street San Luis Obispo, CA 93401 For the following Project: (Include detailed description of Project location and scope.) City of San Luis Obispo Corporation Yard Prado Road and Highway 101 San Luis Obispo, CA 93401 The Owner and the Architect agree as set forth below. in the year of Nineteen Copyright 1917, 1926, 194a, 1951, 1953,.1958, 1961, 1963, 1966: 1967, 1970, 1974, © 1977 by The American Institute of Architects, 1735 New York Avenue, N.W.. Washington. D.C. 20006. Reproduction of the material herein or substantial quotation or its provisions without permission of the AIA "violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION JULY 1977 • AIAS o. (D 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. :0006 8141 -1977 1 G G TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES BASIC SERVICES I.b The Architect's Basic Services consist of the five phases described in Paragraphs 1.1 through and include normal structural, mechanical and electrical engineering services and any other services included in Article 15 as part of Basic Services. 1,1 SCHEMATIC DESIGN PHASE 1.1.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall review the understanding of such requirements with the Owner. 1.1.2 The Architect shall provide a preliminary evalua- tion of the program and the Project budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 3.2.1. 1.1.3 The Architect shall review with the Owner alterna- tive approaches to design and construction of the Project. 1.1.4 Based on the mutually agreed upon program and Project budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design'Documerits consisting of drawings and other documents illustrating the scale and relationship of Project components. 1.1.5 The Architect shall submit to the Owner a State- ment of Probable Construction Cost based on current area, volume or other unit costs. 1,2 DESIGN DEVELOPMENT PHASE 1.2.1 Based on the approved Schematic Design Docu- ments and any adjustments authorized by the Owner in the program or Project budget, the Architect shall pre- pare, for approval by the Owner,, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to architectural, structural, mechanical and elec- trical systems, materials and such other elements as may be appropriate. 1.2.2 The Architect shall submit to the Owner a further Statement of Probable Construction Cost. 1.3 CONSTRUCTION DOCUMENTS PHASE 1:3.1 Based on the approved Design Development Doc- uments and any further adjustments in the scope or qual- ity of the Project or in the Project budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Draw- ings and Specifications setting forth in detail the require- ments for the construction of the Project. 1.3.2 The Architect shall assist the Owner in the prepara- tion of the necessary bidding information, bidding forms, the Conditions of the Contract,.and the form of Agree- ment between the Owner and the Contractor. 13.3 The Architect shall advise the Owner of any adjust- merits to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 13.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents re- quired for the approval of governmental authorities hav- ing jurisdiction over the Project. t 4 - $ iODtAl6-0Ib t•IE6A�H4TI(3t�4 ANASE 14.1 -lt2-Ar&ttect; folfvwing- the -Own er`s-approvai-of- the lalesi - SWemEOt of- Probabie {n?nst=tion E- wt,sha*assist -the - Owmerin- obtaiaing­ 4ids- -0F - aegotiaied-- prepasaf's, -and- assist- gu aw,wdiFrig- arid- pFeNRi;g- coRU;a6t3 -fAF Eepstk"4an r 5 CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT I.S. The Construction Phase will commence with the awar of the Contract for Construction and, togethe with the A hitect's obligation to provide Basic Service under this Ag ement, will terminate when final payme t to the Contract r is due, or in the absence of a final ertificate for Payme t or of such due date, sixty days aft the Date of Substant I Completion of the Work, whic ever occurs f rst. 1.5.2 Unless therwise provided in this greement and incorporated i the Contract Documen , the Architect shall provide ad inistration of the Con act for Construc- tion as set forth low and in the ed' ion of AIA Docu- ment A201, Genera Conditions of t Contract for Con- struction, current as f the date of t Is Agreement. 1.5.3 The Architect hall be a representative of the Owner during the Co" truction hase, and shall advise and consult with the O er. I tructions to the Contrac- tor shall be forwarded th ug the Architect. The Archi- tect shall have authority t ct on behalf of the Owner only to the extent provide n the Contract Documents unless otherwise modifie b written instrument in ac- cordance with Subparagr ph 1. 16. 1.5.4 The Architect s all visit : site at intervals ap- propriate to the sta of constr :ion or as otherwise agreed by the Archi ect in writing' o become generally familiar with the pr gress and quali of the Work and to determine in gene al if the Work is pr eeding in accord- ance with the C ntract Documents. H ever, the Archi- tect shall not a required to make ex ustive or con- tinuous on -sit inspections to check the ality or quan- tity of the ork. On the basis of such o site observa- tions as an rchitect, the Architect shall kee the Owner informed f the progress and quality of the Work, and sh "all en avor to guard the Owner against d fects and deficie 9kies in the Work of the Contractor. 1.5.5 The Architect shall not have control or ch rge of and hall not be responsible for construction eans, me pods, techniques, sequences or procedures, o for s etv precautions and programs in connection with he ork, for the act or omissions of the Contractor, Su AIA DOCUMENT 8141 - OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION - IULY 1977 i AIA�9 - Q 197 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. ZWN 6141 -1977" 3 n ontractors or any other persons performing any of th ork, or for the failure of any of them to carry out t rk in accordance with the Contract Documents. 1.5. The Architect shall at all times have access to the Wo wherever it is in preparation or progress. 15.7 The Architect shall determine the amounts wing to the ontractor based on observations at the site nd on evaluat ns of the Contractor's Applications for P yment, and sha issue Certificates for Payment in such mounts, as provided in the Contract Documents. 15.8 Th issuance of a Certificate for Pay ent shall constitute representation by the.Architect to he Owner, based on t Architects observations at the site as pro- vided in Sub aiagraph 1.5.4 and on the daya comprising the Con, tracto s Application for Payment, at the Work has progresse to the point indicated; tha , to the best of the Architect's k owledge, information an belief, the qual- ity of the Work in accordance with th Contract Docu ments (subject t an evaluation of th Work for con- formance with th Contract Documen upon Substantial Completion, to th results of any s bsequent tests re- quired by or perfor ed under the ontract Documents, to minor deviations rom the Con act Documents cor- rectable prior to corn etion, and t any specific qualifica- tions stated in the Ce ificate for ayment); and that the Contractor is entitled t payment n the amount certified. However, the issuance a Ce ficate for Payment shall not be a representation t at th Architect has made any examination to ascertain w nd for what purpose the Contractor has used the m n ys paid on account of the Contract Sum. 15.9 The Architect shall the in of the re- quirements of the Contiac D men the and the judge of the performance thereu er y both the Owner and Contractor. The Architec shall r nder the nec- essary for the proper a cution r progress of the Work with reasonable prom ness on itten request of either the Owner or the Con actor, and all render written de- s. within a reas noble time, all claims, disputes and other matters in uestion betwee the Owner and the Contractor relating to the execution or progress of the Work or the inter etation of the Con act Documents. 1.5.10 Interpret ions and decisions of he Architect shall be consistent wi the intent of and rea nobly inferable from the Contr ct Documents and shall a in written or graphic form. n the capacity of interpre er and judge, the Architect hall endeavor to secure fai ful perform- ance by bot the Owner and the Contrac r, shall not show partia ty to either, and shall not be II ble for the result of a interpretation or decision rende d in good, faith in su h capacity. 1.5.11 T e Architect's decisions in matters r sting to artistic ect shall be final if consistent with the tent of the Co tract Documents. The Architect's decisl ns on any o er claims, disputes or other matters, in uding those In question between the Owner and the Cont ctor, shall be subject to arbitration as provided in this A ree- 7heneve t and in the Contract Documents. 2 The Architect shall have authority to reject W rk h does not conform to the Contract Documen . r, in the Architect's reasonable opinion, it i EN ecessary or advisable for the implementation of the inte o the Contract Documents, the Architect will have auth - i to require special inspection or testing of the Wor in, ac rdance with the provisions of the Contract D cu- me ts, whether or not such Work be then fabricate , in- stall or completed. 1.5.1\hD e Architect shall review and approve take other ropriate action upon the Contractor's su mittals such hop Drawings, Product Data and Sam les, but only conformance with the design conce t of the Work with the information given in th Contract Docu . Such action shall be taken with easonable proms so as to cause no delay. The Ar itect's ap- provaa ecific item shall not indicate a proval of an assemof hich the item is a componen . 1.5.1e chitect shall prepar e Cha e Orders for the Or's a roval and execution in cordance with the Cact Do uments, and shall have thority to order minonges i the Work not involvi g an adjustment in thntract S or an extension of he Contract Time whic not into sistent with the in nt of the Contract Docuts. 1.5.15 The Archite shall conduct inspections to deter- mine the Dates of Su :h mine /arto letion and final com- pletion, shall receive nd forw the Owner for the Owner's review written warrannd related documents required by the Contra t Docts and assembled by the Contractor, and shal issue al Certificate for Pay- ment. 1.5.16 The extent of the es, responsibilities and lim- itations of authority of the _es, as the Owner's rep- resentative during construe I n shall not be modified or extended without written n ent of the Owner, the Con- tractor and the Architect. 1,6 PROJECT REPRESENT ION B OND BASIC SERVICES 1.6.1 If the Owner a d Archit ct agree that more ex- tensive representatio at the sit than is described in Paragraph 1.5 shall b provided, t e. Architect shall pro- vide one or more roject Represe tatives to assist the Architect in carryin out such respo ibilities at the site. 1.62 Such Proje Representatives sh II be selected, em- ployed and dire ed by the Architect, and the Architect shall be compe sated therefor as mu ally agreed be- tween the Ow r and the Architect as s it forth in an ex- hibit appende to this Agreement, whit shall describe the duties, re onsibilities and limitations f authority of such Project epresentatives. 1.63 Thro gh the observations by such P ject Repre- sentatives, he Architect shall endeavor to pr vide further protectio for the Owner against defects and eficiencies in the W rk, but the furnishing of such project presenta- tion sha not modify the rights, responsibilities r obliga- tions o the Architect as described in Paragraph 1. 1.7 DDITIONAL SERVICES he following Services are not included in Basic Services unless so identified in Article 15. They shall be provided if authorized or conrirmed in writin by the Owner, and they shall be paid for by the O% er as provided in this Agreement, in addition to e compensation for Basic Services. , AIA DOCUMENT 6741 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAA • C 1977 4 6141 -1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W.: WASHINGTON, D.C. 20006 0 1.7.1 Providing analyses of the Owner's needs, and pro- gramming the requirements of the Project. 1.7.2 Providing financial feasibility or other special studies. 1.7.3 Providing planning surveys, site evaluations, envi- ronmental studies or comparative studies of prospective sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities or others having jurisdiction over the Project. 1.7.4 Providing services relative to future facilities, sys- tems and equipment which are not intended to be con- structed during the Construction Phase. 1.7.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information fur- nished by the Owner. 1.7.6 Preparing documents of alternate, separate or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase, when requested by the Owner. 1.7.7 Providing coordination of Work performed by separate contractors or by the Owner's own forces. 1.7.8 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs, or detailed quan- tity surveys or inventories of material, equipment and labor. 1.7.10 Providing interior design and other similar ser- vices required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 1.7.11 Providing services for planning tenant or rental spaces. 1.7.12 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. 1.7.13 Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Con- struction Cost is not commensurate with the services re- quired of the Architect, provided such Change Orders are required by causes not solely within the control of the Architect. 1.7.14 Making investigations, surveys, valuations, inven- tories or detailed appraisals of existing facilities, and serv- ices required in connection with construction performed by the Owner. 1.7.15 Providing consultation concerning replacement of any Work damaged by fire or other cause during con- N struction, and furnishing services as may be required in connection with the replacement of such Work. 1.7.16 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 1.7.17 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect- 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start -up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance: and consultation during operation. 1..19 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty days after the Date of Substantial Completion of the Work. 1:7:20 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration pro- ceeding or legal proceeding. 1.7.21 Providing services of consultants for other than the normal architectural, structural, mechanical and elec- trical engineering services for the Project. 1.7.22 Providing any other services not otherwise in- cluded in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 1,8 TIME 1.8.1 The Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval, a schedule for the performance of the Architect's services which shall be adjusted as required as the Project proceeds, and shall include allowances for peri- ods of time required for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over the Project. This schedule, when approved by the Owner, shall not, except for reasonable cause, be exceeded by the Architect.. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for thle Project including a program, which shall set forth the Owner's design objectives, constraints and criteria, including space requirements and relation- ships, flexibility and expandability, special equipment and systems and.site requirements. 2.2 If the. Owner provides a budget for the Project it shall include contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner, including those described in this article 2 and in Subparagraph 11.2. The Owner shall, at the request of the Architect, provide a statement of funds available for the Project, and their source. AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT - THIRTEENTH EDITION - JULY 1977 • AIAID - © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1:35 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 6141 -1977 5 C 2.3 The Owner shall designate, when necessary, a rep- resentative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as .applicable, grades and lines of streets, alleys, pavements and adjoin- ing property; rights -of -way, restrictions, easements, en- croachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available serv- ice and utility lines both public and private, above and below grade, including inverts and depths. 2.5 The Owner shall furnish the services of soil engi- neers or other consultants when such services are deemed necessary by the Architect. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining sub- soil, air and water conditions, with reports and appropri- ate professional recommendations. 2.6 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents. 2.7 The Owner shall furnish all legal, accounting and in- surance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contractor's Applica- tions for Payment or to ascertain how or for what pur- poses the Contractor uses the moneys paid by or on be- half of the Owner. 2.8 The services, information, surveys and reports re- quired by Paragraphs 2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof.' 2.9 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as ex- peditiously as necessary for the orderly progress of the Architect's services and of the Work. ARTICLE 3 CONSTRUCTION COST 3,1 DEFINMON 3.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 3.1.2 The Construction Cost shall include at current market rates, including a reasonable allowance for over- head and profit, the cost of labor and materials furnished by the Owner and any equipment which has been de- signed, specified, selected or specially provided for by the Architect. 3.1.3 Construction Cost does not include the compen- sation of the Architect and the Architect's consultants, the cost of the land, rights -of -way, or other costs which are the responsibility of the Owner as provided in Arti- cle 2. 3,2 RESPONSIBILITY FOR CONSTRUCTION COST 3.2.1 Evaluations of the Owner's Project budget, State- ments of Probable Construction Cost and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the . Architects best judgment as a design professional familiar with the construction indus- try. It is recognized, however, that n_ either the Architect nor the Owner has control over the cost of labor, mate- rials or equipment, over the Contractor's methods of de- termining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, if any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Archi- tect. 3.2.2 No fixed limit of Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget under Sub- paragraph 1.1.2 or Paragraph 2.2.or otherwise, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been estab- lished, the Architect shall be permitted to include con- tingencies for design, bidding and price escalation, to de- termine what materials, equipment, component systems and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 3.2.3 If the Bidding or Negotiation Phase has not com- menced within three months after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be ad- justed to reflect any change in the general level of prices in the construction industry between the date of submis- sion of the Construction Documents to the Owner and the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- posal, the Owner .shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if the Project is abandoned, terminate in accordance with Paragraph 10.2, or (4) cooperate in revising the Project scope and quality as required to reduce the Construction Cost. In the case of (4), provided a fixed limit of Construc- tion Cost has been established as a condition of this Agree- ment, the Architect, without additional charge, shall mod- ify the Drawings and Specifications as necessary to comply AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT+ THIRTEENTH EDITION • IULY 1977. • AIAS Q 1977 6 61411977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.; WASHINGTON, D.C. 2OW6 G with the fixed limit. The providing of such service shall be the limit of the Architect's responsibility arising from the establishment of such fixed limit, and having done so, the Architect shall be entitled to compensation for all services performed, in accordance with this Agreement, whether or not the Construction Phase is commenced. ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct sal- aries of all the Architect's personnel engaged on the Proj- ect, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee bene- fits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Com- pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- tects employees and consultants in the interest of the Project for the expenses listed in the following Sub- paragraphs: 5.1.1 Expense of transportation in connection with the Project; living expenses in connection with out -of -town travel; long distance communications, and fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.2 Expense. of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of the Architect and the Architect's consultants. 5.1.3 Expense of data processing and photographic pro- duction techniques when used in connection with Addi- tional Services. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock -ups re- quested by the Owner. 5.1.6 Expense of any additional insurance coverage or limits; including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6,1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 6.1.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services per- formed within each Phase of services, on the basis set forth in Article 14. 6.13 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded n or extended through no fault of the Architect, compensa- tion tor" Sny Basic Services required for such extended period of Administration of the Construction Contract shall be computed as set forth in Paragraph 14.4 for Addi- tional Services. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraph 14.2.2, based on (1) the lowest bona fide bid or negotiated proposal or, (2) if no such bid or proposal is received, the most recent Statement of Probable Construction Cost or Detailed Esti- mate of Construction Cost for such portions of the Project. 6,2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable Expenses as defined in Article 5 shall be made monthly upon presentation of the Architects statement of services rendered or expenses incurred. 6.3 PAYMENTS WITHHELD 6.3.1 No deductions shall be made from the Architects compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is held legally liable. 6.4 PROJECT SUSPENSION OR TERMINATION 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment; together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 10.4. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICLE 7 ARCHITEC175 ACCOUNTING RECORDS 7,1 Records of Reimbursable Expett.­3 and expenses per- taining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 OWNERSHIP AND USE OF DOCUMENTS 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect whether the Project for which they are made is executed or not. The Owner shall be permitted to retain copies, in- cluding reproducible copies, of Drawings and Specifica- tions for information and reference in connection with the Owner's use and occupancy of the Project. The Drawings and Specifications shall not be used by the Owner on AIA DOCUMENT 8141 : OWNER - ARCHITECT AGREEMENT - THIRTEENTH EDITION - JULY 1977 0 AIAm - O 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141 -1977 7 c other projects, for additions to this Project, or for comple- tion of this Project by others provided the Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Archi- tect. 8.2 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's rights. ARTICLE 9 ARBITRATION 9.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining unless the parties mutu- ally agree otherwise. No arbitration, arising out of or re- lating to this Agreement, shall include, by consolidation, joinder or in any other manner, any additional person not a parry to this Agreement except by written consent con - taining a specific reference to this Agreement and signed by the Architect, the Owner, and any other person sought to be joined. Any consent to arbitration involving an ad- ditional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. this Agree- ment to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. 9.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 93 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 10:3 In the event of termination not the fault of the Ar- chitect, the Architect shall be compensated for all services performed to termination date, together with Reimburs- able Expenses then due and all Termination Expenses as defined in Paragraph 10.4. 0 10.4 Termination Expenses include expenses directly at- tributable to termination for which the Architect is not otherwise, compensated, plus an amount computed, as a percentage of the. total Basic and Additional Compensa- tion earned to the time of termination, as follows: .1 20 percent if termination occurs during the Sche- matic Design Phase; or .2 10 percent if termination occurs during the Design Development Phase; or .3 S percent if termination occurs during any subse- quent phase.. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the Architect. 11.2 Terms in this Agreement shall have the same mean- ing as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 11.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the rele- vant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of issuance of the final Certificate for Payment. 11.4 The Owner and the Architect waive all rights against each other and against the contractors, consult- ants, agents and employees of-the other for damages cov- ered by any property insurance during construction as set forth in the edition of AIA Document A201, General Con- ditions, current as of the date of this Agreement. The Owner and the Architect each shall require appropriate similar waivers from their contractors, consultants and agents. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 The Owner and the Architect, respectively, bind themselves, their partners; successors, assigns and legal representatives to the other party to this Agreement. and to the partners, successors, assigns and legal representa- tives of such other party with respect to all-covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. ARTICLE 13 EXTENT OF AGREEMENT 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or-agree- ments, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect: AIA DOCUMENT 6141 - OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • IULY 3977, AIA4 - Os 1977 8 8141 -1977 THE AMERICAN INSTtrUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2D006 N ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the-Architect for the Scope'of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as.follows: 14.1 AN INITIAL PAYMENT of Two Hundred dollars (5200.00 ) shall be made upon execution of this Agreement and credited to the Owner's account as follows:. 14.2 BASIC COMPENSATION 1.3 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through)4)C7x and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows:. (Here insert basis of compensation, including fixed amounts, multiples or percentages, and identify Phases to which particular methods of compensa- tion apply, if necessary.) Fixed Amount 474,000 . 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (include any additional Phases as appropriate.) Schematic Design Phase: Design Development Phase: Construction Documents Phase: 8 iddirs�or- nlcgotiaxi e a ukase; C6A5tA&rAI4D-R- Rha5e; percent ( 10 %) percent( 15 %) percent ( 75 %) -percent-( - - -%4 - percenrF - - -%j 143 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAO • rJ 197, THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141 -1977 9 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: (Here insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. identify specific services to which particular methods of compensation apply, if necessary.) Refer to attached copy of Architect's Hourly Rate Schedule dated May 1, 1981. 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services, a multiple of 1..15 ) times the amounts billed to the Architect for such services. (identify specific types of consultants in Article 15, it required.) 14S FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reim- bursable Expenses, a multiple of ( 1.15 ) times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (Here insert any rate of interest agreed upon.) None (Usury laws and requirements under the Federal Truth in Lending Act, similar state and Iota( consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should he obtained with respect to deletion. modification, or other requirements such as written disclosures or waivers.) 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14:7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within (la months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREE.r;ENr • THIRTEENTH EDITION • JULY 1 , A1A� • " 1977 10 6141 -1977 THE Ab1ERICAN INSTITUTE OF ARCHITECTS, '1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. :0006 ARTICLE 15 OTHER CONDITIONS OR SERVICES n The architectural services will include the design, engineering, development of contract documents and review of shop drawings and submittals for: 1. Maintenance Shop Building "A" 12,000 sqft 2. Administration Building "B" 91000 sqft 3. Warehouse Building "C" 18,180 sqft 4. Flamable Storage Building "D" 1,280 sqft 5. Depressed Dock /Warehouse 6. Site (Security) Lighting HPS 7. Fuel Servicing Dock with Canopy 8- Wash & Steam Clean Facility 9. Color Schedule (Interior and Exterior of Buildings) o All buildings are to be pre- engineered metal. o Contract documents to be prepared for either separate bidding of various individual structures or as a total package. o Architect to furnish City with reproducible contract documents. A1A DOCUMENT 8161 - OWNER - ARCHITECT AGREEMENT - THIRTEENTH EDITION - JULY 197 - AIAS - © 197 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20006 8141-1977 11 This Agreement entered into as of the day and year first written above.. OWNER City of San Luis Obispo P.O. Box 321 ARCHITECT Doss Levin 9, MacIntyre, Architects San Luis Obispo, CA 93406 BY BY- David F. Romero Director of Public Services 1129 Harsh Street /f San Luis gbi spo,,. -QA 93401 ney R. Levin, AIA AIA DOCUMENT 9141 • OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA®• 19T 12 6141 -1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW, YORK AVENUE, N.W., WASHINGTON, D.C. :0OD6 SOLUTION NO. 4660 (1981 Series)" A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A CULTURAL HERITAGE COMITTEE WHEREAS, the City Council.preservation of the cultural heritage of San Luis.Obispo represents significant economic., aesthetic and educational benefit to the community; and WHEREAS the City Council recognizes the need for a comprehensive and coordinated program for preservation; and WHEREAS the City(.Council has determined that it is beneficial and, for some purposes, necessary to adhere to established state and federal guidelines for historical preservation; and Whereas, the City Council is committed to the establishment of a Cultural Heritage Ordinance; and WHEREAS, the City Council wishes to immediately establish a committee which will undertake the necessary studies to establishea Historic Preservation Program; that: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo SECTION 1. An eleven (11) member technical Cultural Heritage Committee is i established. The members shall be appointed by the City Council in a manner determined by the Council. SECTION 2. The Cultural Heritage Committee shall have the following principal responsibilities: A. Establish criteria, subject to approval of the City Council, for designating structures and areas, within the boundaries of the city, as historically or architecturally significant; B. Conduct, or cause to be conducted, a comprehensive survey and create an inventory of such properties; . C. Compile, and make available to the public, information on the history of these significant properties; R 4660 h Resolution No. 4660 (1961-11-1,Series) Page 2 D. Recommend to the Council the designation of certain properties (hereinafter referred to as cultural resources) on the inventory as historically or architecturally significant according to the criteria approved by the City Council; E. Develop guidelines for review of applications for permits to rehabilitate, remodel, remove, develop or significantly affect any Council- designated cultural resource; F. Investigate and report to the Council on the use of various governmental and private funding sources and mechanisms available to promote cultural resource preservation. SECTION 3. The Cultural Heritage Committee shall be composed of eleven (11) members and should include representatives of preservation- related organizations such as historical societies, museums, heritage groups and civic clubs, as well as members of professional bodies such as architects, attorneys and urban planners. The committee shall specifically include at least one person trained and experienced in structural rehabilitation. All members must have a demonstrated interest in and knowledge of the cultural heritage of the city. SECTION 4. The Cultural Heritage Committee shall report to the City Council on its progress every six months following its appointment, and shall make every effort to complete all the responsibilities herein established within two years from the time of its appointment. As the Committee completes phases of the cultural resource survey and inventory, it shall promptly submit its recommendations to the Council Resolution No.4660(1981 Series) Page 3 for consideration as properties to be designated as historic structures, sites or districts. SECTION S. Upon completion of the Committee responsibilities established herein, as determined by the City Council, or upon adoption by the Council of a Cultural Heritage Ordinance, this technical.Cultural Heritage Committee shall be terminated. On motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of November , 1981. Mayor Melvnie C. Billig ATTEST: City 7 erk Pamela og APPROVED Acting,rCity Administj:94rive Officer City Attorney Y 4&A �;�- Community V evelopmerC.Director f� �-- �.,' �� � �ZCt f RESOLUTION N0.4659 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO:ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 710, 750'CHORRO STREET (TIMBERLINE CONDOMINIUMS) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the public improvements for Tract 710 are hereby accepted as complete by the City of San Luis Obispo. SECTION 2. Condition 12 is.hereby modified to delete the requirement:: for wheel depressions on the uphill parking spaces in accordance with he latest city standards. SECTION 3. The Council authorizes the release.of the bond on file in accordance with.the subdivision agreement. On motion of Councilman Settle seconded by Councilnan Dunin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of November , 1981. ATTEST: CITY CLERK p P%MEW OGES . . APPRO City Administrative 09rcer r _ Litt' Attorney _ CityUngineer MAYOR . _ .Ve. `.:.... 1.9...`1. C. BILLIG R 4659,:;,;x? r ,�e � n `� � �� �� RESOLUTION NO. 46580 981 Series) A RESOLUTION OF INTENTION TO. ABANDON A PORTION OF OAK STREET BETWEEN MURRAY STREET AND SANTA ROSA PARK. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon a portion of Oak Street as shown on the map marked "Exhibit A" attached hereto and incorporated herein by such reference, pursuant to Division 9, Part 3, Chapter 2 of the Streets and Highways Code. SECTION 2. Copies of the map and agreement showing the particulars of the proposed abandonment are also on file in the office of the City Clerk. SECTION 3. Tuesday, November 17, 1981, at 7:05 p.m., in the Council Chamber of the City Hall, 990 Palm Stret, San Luis Obispo, California, is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full, at least three (3) days before the public hearing on the proposed abandonment, in the Telegram— Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment along that portion of the street proposed to be abandoned at least ten (10) days before the date set for hearing in accordance with Section 8322 of the Streets and Highways Code. R 4658 J V Resolution No. 4658 (1981 Series) Page 2 On motion of Councilman Settle seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 27th day of October , 1981. Acting Administrative fice ity Attorney l0 ^" AIURMAY 87. _7 / = U CI C- m !C @t • j• o • RESOLUTION NO. 46570 981 Series) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF STENNER STREET BETWEEN MURRAY STREET AND SANTA ROSA PARR. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon a portion of Stenner Street as shown on the map marked "Exhibit A" attached hereto and incorporated herein by such reference, pursuant to Division 9, Part 3, Chapter 2 of the Streets and Highways Code. SECTION 2. Copies of the map and agreement showing the particulars of the proposed abandonment are also on file in the office of the City Clerk. SECTION 3. Tuesday, November 17, 1981, at 7:05 p.m., in the Council Chamber of the City Hall, 990 Palm Stret, San Luis Obispo,. California, is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full, at least three (3) days before the public hearing on the proposed abandonment, in the Telegram— Tribune, a newspaper published and circulated in this city SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment along that portion of the street, proposed to be abandoned at least ten (10) days before the date set for hearing in accordance with Section 8322 of the Streets and Highways Code. R 4657 0 0 Resolution No. 4657 (1981 Series) Page 2 SECTION 6. The proceeding to be taken will be subject to reservation by the city of public easements for utilities, water, and public access as shown on the map marked "Exhibit B" attached, and subject to such other conditions as the Council deems appropriate, including but not limited to those set out in Exhibit "C" attached. SECTION 7. The City Engineer shall notify utility companies affected by the proposed abandonment at least ten (10) days before the date set for hearing in accordance with Section 8347 of the Streets and Highways Code. On motion of Councilman Dunin , sec6hded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and.Mayor Billig NOES: Councilman Settle ABSENT'.: None the foregoing resolution was passed and adopted this 27th day of October 1981. ATTESTi , Z2.,I, vj,," City C erk game a Vo s City Attorney i \'J Commu D 4elopT;ent Director sty En sneer y � h Z v y MUMMAY ST, h OAK Sr. SANTA ROSA Pg ?K N i7WEET A64AIDONMEN7 ��L f w S TEAIAJEz ST. ABAIUDOAIME IT 1� P09TION OF OA/f STREET EXHI5IT "e;' Jy � 50 I VI `` I6 v] 5 8, E . E R/W INT fZWl4 /Z? 50 50 50 50 8 -J00J7 fr VER PILE 14 r Wo w I � pN o Z ` O 2" WATER ETE,Fj ST )eEET- AMT/OA OrOAH 5; NV JIJw rz,'E EASEME(/T 2554rVA770,u l/iM - 5AAITA X205A PARk —!c UE &. WATF,4 ,v. T. S. _ { — PEOESrRrAN AccESS 77 O O EXHIBIT C REQUIREMENTS 1. Applicant shall install frontage improvements along Murray Street right -of -way adjacent to the subject street abandonment with curb, gutter, sidewalk and driveways and handicap ramps as required by Public Services Department. 2. Abandonment of said right -of -way shall reserve for the city, 12- foot easement along the center line of said Stenner Street right - of -way for present and future public utilities and pedestrian access. 3. Applicant shall relocate water service to Santa Rosa Park to ease- ment along center line to the approval of the Public Services Department. 4. Applicant shall construct a 10 -foot wide paved walkway with land- scape planting within the easement specified in requirement #2 above to the approval of Community Development Department staff and city engineer. 5. The street abandonment shall reserve to public utility companies, easements for existing facilities to install, maintain, repair, operate, replace, remove and renew lines and required structures for the continued operation of existing facilities in said right - of -way to the approval of the public utilities companies, and the city engineer. 6. Applicant shall install access to existing garage on adjacent parcel to the west of said right -of -way to city standards and to the ap- . pr6val'of the Community Development Department staff. 7. Appplicant shall install undergrounding of utilities to be required at time of development. H -� I. RESOLUTION NO. 4656(1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 81 -175 LOCATED AT 415 and 421 DANA 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. 81 -175 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 R -3 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. 6. The landscaping on the developed Parcel B is suitable and is hereby accepted in lieu of required street trees on that parcel. SECTION 2. Conditions.. That the approval of the tentative map for Minor Subdivision 81-175-be subject to the following conditions: 1. Installation of required street trees along the project frontage of Dana Street on Parcel A may be deferred until the parcel is developed. 2. A note shall be placed on the final map stating the property is subject to flooding during a 100 year design storm. 3. Subdivider shall grant to the city .a drainage easement on _parcels -A-and B, -to provide for•possible future-widening of:Siri Luis Creek in accordance- with approved creek setback and improvements standards to be established by the City Council with creek setback line to conform to the existing creekside improvement on Parcel B. R 4656 Y Resolution No.4656(1981 Series) Minor Subdivision 81 -175 Page 2 On motion of Mayor Billig seconded by Councilman Settle , and on the following roll call vote: AYES: Mayor Billig and Councilmembers Settle, Dovey and Griffin NOES: None ABSENT: Councilman Dunin the foregoing resolution was passed and adopted this 27th day of October , 1981. ATTEST: 41 Cid Clerk Pamela V ges APPROVED: /j Acting City Administrate Of LA City Attorney Community De I elopme D rector IBC R I] I F C� 0 RESOLUTION NO.4655(1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 81 -132 LOCATED AT 2710 AUGUSTA 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. 81 -132 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 R -1 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 granted a negative declaration of environmental impact. SECTION 2. Variance. The following variance to Subdivision Ordinance requirements is hereby approved, based upon the findings below: A reduction in interior yard setback adjacent to common driveway from 10 feet to 5 feet is hereby allowed for an existing garage on Parcel A, subject to the following findings: 1. The variance granted is subject to conditions to assure that adjustments hereby authorized do not constitute a grant of special privilege inconsistent with limitations upon other properties in the same vicinity in that the garage is an existing structure. Its retention will not change the visual appearance of the site. R 4655 0 Resolution No. 4655 (1981 Series) Minor Subdivision 81 -132 Page 2 1 2. There are special circumstances applicable to the subject property, including size, shape, topography, .location and surroundings for which the strict literal application of the subdivision ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity, in that removal of the existing garage would cause an undue hardship and serve no useful purpose. 3. In this particular case., the variance rather than the sections at issue in the subdivision ordinance carry out the spirit and intent of the subdivision ordinance in that allowing the garage to remain at its present setback does not diminish present neighborhood character in that the garage is set back away from the street where it is not readily perceivable from the public street. SECTION 3• Conditions. That the approval of the tentative map for Minor Subdivision 81 -132 be subject to the following conditions: 1. All existing trees on the site shall be retained. Any excavation occuring within 5 feet of the dripline of the trees shall include root trimming and treatment to the approval of the Public Services Department staff. 2. Subdivider shall repair existing driveway and trim shrubbery adjacent thereto, to the approval of the Public Services Department staff. 3. Subdivider shall provide sewer and water service to each individual parcel, with water meters to be located in Augusta Street right -of -way, to the approval of Public Services Department. 4. Subdivider shall construct a new 16 -foot wide driveway ramp at Augusta Street frontage for common driveway to the approval of the Public Service Department staff. 5. All asphalt and fencing shall be removed from proposed parcel B. Asphalt removal shall include replacement of base material with a minimum of 12 inches of top soil to support vegetation. 6. Subdivider shall prepare a common driveway agreement for all lots using the proposed driveway and submit it to the city for approval and recordation prior to final map approval. Said common driveway agreement shall be consistent with provisions in the city Zoning Regulations for same. Final map shall show an easement over the common driveway. 0 Resolution No. 4655(1981 Series) Minor Subdivision 81 -132 Page 3 0 On motion of Councilman Settle seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 27th day of October , 1981. Mayor N ianie C. Billig ATTEST: v City Clerk Pamela Voges APPROVED: Acting City Administyfgkive Officer City Attorney —IUAbft..A %�� Community De lopment ' ector r (k) /V p N, (D c m o RESOLUTION NO. 46541981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 81 -170 LOCATED AT 1262, 1266 AND 1270 VISTA DEL LAGO 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. 81 -170 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 R -1 —PD 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. Conditions. That the approval of the tentative map for Minor Subdivision 81 -170 be subject to the following conditions: 1. Final map shall have proposed parcels identified by letter designation A, B and C. 2. New lot corners shall be staked by a registered engineer or licensed land surveyor and common fences placed on lot lines and corners to the satisfaction of the City Engineer. 'R 4654 Resolution No. 4654(1981 Series) Minor Subdivision 81 -170 Page 2 On motion of Councilman Griffin , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 27th day of October 1981. ATTEST: City Clerk Pamela oges APPROVED: Acting City Adminisfi(ative Officer City Attorney Community D elopmen irector .J y f �Ap AEI/ RESOLUTION NO. 4653 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF MINOR SUBDIVISION SLO -81 -018, LOCATED AT 2518, 2524 AND 2550 BROAD STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council previously made certain findings as contained in Resolution No. 4465 (1981 Series). SECTION 2. Whereas there were no special conditions required per Resolution No. 4465 (1981 Series) prior to recordation of Minor Subdivision SLO -81 -018. SECTION 3. This Council grants approval of the Final Map of Minor Subdivision SLO -81 -018. On motion of Councilman Settle , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 27th day of October , 1981. ATTEST: CITY LERK P LA V E R 4653 Resolution No. 4653 (1981 Series) 0 iZiDWI C2��� C� ity En Weer RESOLUTION NO.4465 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 81 -18 LOCATED AT 2518, 2524 AND 2550 BROAD STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision No. 81 -18 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the general plan. 2. The site is physically suited for the proposed type and density of development which is permitted by the C -H zone. 3. The design is not likely to cause substantial environmental damage or cause serious 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. On motion of Councilman Settle , seconded by Councilman Dunin 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 21st day of April 3 1981. R 4465 Resolution No.4465(1981 Series) Minor Subdivision 81 -18 Page 2 Mayor i_ ie C. Billig ATTEST: v Acti g City Clerk P mela Voges APPROVED: A4� City Administrative Office;' City Attorney Community DeXelopment& rector _IIC O ,u 1�'P 10%� S� � a� RESOLUTION NO. 4652 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF A TWELVE -MONTH TIME EXTENSION FOR MINOR SUBDIVISION 79 -069 LOCATED AT 1557, 1585. & 1625 CALLE JOAQUIN WHEREAS the subdivider requests a twelve -month time extension to receive approval of his final map; and WHEREAS the Planning Commission found. that the request for time extension is justified, and recommends approval; and WHEREAS the City Council concurs with the Planning Commission findings; NOW, THEREFORE, the City Council resolves as follows: Section 1. That Minor Subdivision 79 -069 is granted a twelve -month time extension to October 2, 1982, subject to original tentative parcel map conditions as specified in City Council Resolution No. 3970 attached hereto. On motion of Councilman Dunin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None . the foregoing resolution was passed and adopted this 27th day of October 1981. May r elanie Bi g ATTEST: City Clerk '1pam-epA Voges R 4652 O Resolution No. 4652(1981 Series) Minor Subdivision 79 -069 Page 2 �+1 Community De elopme 00 rector ��� � e. fis- ,EK �� ���`,�CC�'!`� I f J RESOLUTION NO. 3970 (1979 Series) A RESOLUTION OF THE COUNCIL. OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 =069 LOCATED AT 1575, 1585 AND 1625 CALLE JOAQUIN BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision 79 -069 and the .Planning Commission's recommenda- tions, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the.general plan. 2. The•site is physically suited for the proposed type and density of development which is permitted by the A/C and C -T zones. 3. The design is not likely to cause substantial environmental damage, or cause serious public health problems. 4. The design of the proposed subdi'vi.sion wfll not conflict with public . easements for access through, or use of„ property within the proposed subdivisions. SECTION 2. That the approval of the tentative map for Minor Subdivision 79 -069 be subject to the following conditions: 1. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. 2. Each parcel shall be served with individual utility services to the satisfaction of the city engineer. If easements are required, they shall be shown on the final map. 3. Subdivider shall dedicate an easement over existing drainage channels (creeks) running through parcel l for drainage and maintenance purposes.. Exact location and dimensions shall be to the satisfaction of the city engineer. 4. Final map shall note all areas subject to inundation during a 100 -year design storm and contain a note that any substantial modification to existing buildings and all new building finish floor elevations shall be set at least one (1) foot above the 100 -year storm elevation. The final map shall also contain a note that substantial modifications to the existing creeks on parcel l shall be required at time of any development on said parcel. Notes shall be to the satisfaction of`the city engineer. 5. Subdivider shall dedicate an easement to the city for the existing city sewer lift station located on parcel 1. Exact location and dimensions shall be to the satisfaction of the city engineer. 6. Subdivider shall pay water and sewer fees as determined by the city engineer prior to final map approval. 7. Subdivider shall install street trees across entire street frontage to city standards.,and to the approval of the Public Services Department. 8. Subdivider shall revise parking lot on parcel 3 to meet city standards of setbacks, landscaping and screening prior to final map approval. B 3970 Resolution No. 3970 Minor Subdivision 79 -069 Page 2 9. Subdivider shall install firewall protection on existing structure on parcel 3, located less than 3 feet from new lot line between parcels 2 and 3, or revise final map to show a revised. lot line between parcels 2 and 3 and install firewall protection on existing structure on parcel 2,.all to the satisfaction of the Chief Building Official.._ This condition shall be met prior to final map approval. 10. Final map shall show proposed parcel 4 eliminated.and combined with proposed parcels 2 and to the satisfaction of the Community Development Director. On motion of Councilman Jogensen seconded b ._..___ _ _r ._ Y Councilwoman. Billig. , and on the following roll call vote: AYES: Councilmembers Jorgensen., Billig, Bond;. Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of October 1979. ATTEST: City C1 c' ­]%R. Fitzpatrick APPROVED: J -City i iftr t ve icer' City Attorney — - Community Development Department -, i�i-� � � �` r�1� -G �D er�(� -- 0 RESOLUTION N0.4651(1981 Series) 0 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A 12 -MONTH TIME EXTENSION FOR TRACT 843 WHEREAS, the subdivider requests a twelve -month time extension to receive approval of his final map; and WHEREAS, the Planning Commission found that the request for time extension is justified, and recommends approval; and WHEREAS, the City Council concurs with the Planning Commission findings. NOW, THEREFORE, the City Council resolves as follows: SECTION 1. That Tract 843 is granted a twelve -month time extension to October 2., 1982, subject to original tract map conditions as specified in City Council Resolution No. 3976 (1979 Series) attached hereto. On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 27th day of October 1981. ATTEST: City Clerk Pam-1 Voges R 4651 U Resolution No. 4651(1981 Series) Tract 843 Page 2 APPROVED: City Attorney Co nity elopment a rector H-L O O P4rIs Cr r; RESOLUTION NO. 3976 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 843 LOCATED AT 528 HATH14AY AVENUE BE IT RESOLVED by the Council of the City of San Buis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map, of Tract 843 and the Planning Commission's recommendations, staff recommenda- tions and reports thereon, makes the following findings: 1. The tentative map is consistent,'with the General Plan. 2. The design and improvements of the proposed subdivision are consistent with the General Plan. 3. The site is physically suitable for the type of development proposed. 4. The site.is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements, for access through or use of property within the proposed subdivision. SECTION 2. That the approval of the tentative map for Tract 843 be subject to the following conditions: 1. Tract corners shall be set by a registered civil engineer or land surveyor. 2. A registered civil engineer or land surveyor shall certify that the struc- tures are located correctly prior to release of structures for occupancy. !';3. All utilities shall be underground. 4. Subdivider shall install individually meter water service to each unit. Meters shall be clustered, be unobstructed, and located in the sidewalk at property frontage. 5. The common sewer lateral shall be privately owned and maintained. 6. Subdivider shall pay water and sewer charges as determined by the City Engineer prior to final map approval. 7. Final map shall note common lot area.as a blanket utility easement accep- table to the utility companies and City Engineer. R 3976 o � Resolution No. 3976 (1979 Series) Tract 843 Page 2 8. Subdivider shall install no parking signs and /or red curb striping along driveways, to the approval of the City.Engineer. 9. Subdivider shall prepare a common driveway agreement for city approval and recordation prior to final map approval. 10. Subdivider shall prepare conditions, covenants and restrictions to be approved by the City Attorney and Community Development Director prior to final map approval. CC &Rs shall contain the following provisions: a. Creation of a homeowners association to enforce the CC &Rs and provide for professional, perpetual maintenance of all common area.including driveway and all building exteriors in a first class condition. b. Grant to the City of San Luis Obispo the right to maintain common area and building exteriors if the homeowners association fails to perform, and assess the homeowners association for expenses incurred. c. No parking on the site except in approved designated spaces. d. Grant to the City of San Luis Obispo the right to tow away vehicles, .on a complaint basis, which are parked in unauthorized places. e. No outside storage of boats, campers, motorhomes and trailers nor long -term storage or inoperable vehicles. f. No outside storage by individual units except in designated storage areas. g. Homeowners association to provide for maintenance and repair of private sewer lines. h. No change in city- required provisions of CC &Rs without prior City Council approval. 11. Subdivider shall pay park in -lieu fees prior to final map approval. 12. Subdivider shall soundproof the:interior of the dwelling units to a 45 db level consistent with General Plan Noise Element. 13. All on -.site driveways, nonstructural improvements, and utilities shall be installed as subdivision improvements. 14. Subdivider shall install street trees across property frontage to the approval of the Public Services Department. 15.. Subdivider shall prepare a drainage plan prior to final map approval and construct facilities to convey site drainage to Hathway Street to the approval of.the City Engineer. I' Resolution No. 3976 (1979 Series) Tract 843 Page 3 On motion of Councilman Dunin , seconded by Councilman Jorgensen and on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 2nd day of October 1979. ATTEST: City erl ,g, Fitzpatrick APPROVED: City Admin strative ff'cer City Attorney Community Development Director ti �j RESOLUTION NO. 4650(1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A 12 —MONTH TIME EXTENSION FOR TRACT 807 WHEREAS, the subdivider requests a twelve —month time extension to receive approval of his final map; and WHEREAS, the Planning Commission found that the request for time extension is justified, and recommends approval; and WHEREAS, the City Council concurs with the Planning Commission findings. NOW, THEREFORE, the City Council resolves as follows: SECTION 1. That Tract 807 is granted a twelve —month time extension to November 6, 1982, subject to original tract map conditions as specified in City Council Resolution No. 4573 (1(j81 Series) attached hereto and one revised condition of approval as follows: 14. Density of the subdivision shall not exceed 13 equivalent units as determined by the Community Development Director. On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 27th 1981. ATTEST: City f lerk Pamela oges day of October e R 4650 C Resolution No.4650(1981 Series) Tract 807 Page 2 APPROVED: City Administrative Officer ty Attorney Comma ity De I elopmen 10 rector 0 ti it �� � n a «K e. RESOLUTION NO. 4573 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, RESCINDING PRIOR APPROVAL OF AN UNRECORDED FINAL MAP (MS 78 -131), GRANTING APPROVAL OF REVISED TENTATIVE TRACT NO. 807 LOCATED AT 1260 ELLA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 4250, previously passed and adopted on September 2, 1980, hereby is rescinded. The final map approval thereby (MS 78 -131) and never recorded, hereby is declared to be of no further force and effect and the subdivision agreement approval therewith is rescinded. SECTION 2. That this council, after consideration of the revised tentative map of Tract 807 and the Planning Commission's recommendations, staff recommenda- tions and reports thereon.' makes the following findings: 1. The tentative map is consistent with the general plan and specific plans. 2. The design and improvements of the proposed subdivision are.consistent with the general plan and specific plans. 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 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 driveway along the easterly boundary of the tract is found to be an easement for the purposes of calculating density on this property. 9. The project. is granted a negative declaration on environmental impact. R 4573 I Q RESOLUTION NO. 4573 Page 2 (1981 Series) SECTION 3. That the approval of the revised tentative map for Tract 807 be subject to the following conditions: 1. .Final map recordation shall not be done prior to recordation of final abandonment of portions of Iris and George Street rights -of -way per Council Resolution No. 4249 (1980 Series). Conditions as noted in said resolution shall apply. 2. Subdivider shall dedicate to the city right -of -way for a standard cul -de -sac at'the easterly end of Iris Street to the approval of the City Engineer. Cut -de -sac shall be fully improved to city standards including full street paving, and curb, gutter and sidewalk across entire frontage of subdivision, and curb and gutter on remaining portion of cul-de-sac to the approval of the City Engineer. 3. Subdivider shall dedicate to the city right -of -way for a "T" type turn around at the easterly end of George Street to the approval of the City Engineer. Said right -of -way shall be fully improved to the satisfaction of the City Engineer including paving and drainage facilities. 4. Subdivider shall install full frontage improvements across entire frontage of subdivision on Ella Street to the approval of the City Engineer. 5. Subdivider shall extend sewer service in Iris Street to serve the subdivision to the approval of the City Engineer. 6. Subdivider shall replace a portion of the-existing city sewer main crossing the southerly corner of the property and provide easements as necessary to the approval of the City Engineer. 7. Final map shall note all sewer lines on the property shall be private, except for city main leading from Ella Street to George Street as noted in Condition 6 above. 8. -Subdivider shall grant a.private sewer easement to French Hosptial for existing sewer lateral in George Street right -of -way being abandoned. Easement shall be to the approval of the City Engineer and shall be shown on the final map. 9. Subdivider shall dedicate to the city storm drainage easements over existing and proposed city storm drains crossing the property. Easements shall be to the approval of the City Engineer and shall be shown on the final map. 10. Subdivider shall grant a blanket public utilities easement over the common lot area, except under structures, for underground public utilities serving the property. 11. Private driveways shall be designed and installed with a traffic index of 4.0: 12. Subdivider shall install standard reflectorized signs (triangle with buttons) and "No Parking" signs at the.easterly end of George Street to the satisfaction of the Public Services Department. RESOLUTION NO. 4573 Page 3 (1981 Series) 13. Subdivider shall install individually metered water service to each unit.. Dieters shall be unobstructed and clustered in the sidewalk along the Ella Street-frontage of the subdivision to the satisfaction of the Public Services Department. 14. Density of the subdivision shall not exceed 12.84 equivalent units as determined by the Community Development Director. . 15. Subdivider shall prepare conditions, covenants and restrictions to be approved by the City Attorney and Community Development Director prior to final map approval. CC &Rs shall contain the following provisions: a. Creation of a homeowners association to enforce the CC &Rs and provide for professional, perpetual maintenance of all common area including private utilities, private sewer, driveways and:-all building exteriors in a first class condition. b. Grant to the City of San Luis Obispo the right to maintain common area if the homeowners association fails to perform, and assess the homeowners association for expenses incurred.. c. No parking on the site except in approved designated spaces. d. Grant to the City of San Luis Obispo the right to tow away vehicles, on a complaint basis, which are parked in unauthorized places. e. No outside storage of'boats; campers, motorhomes and trailers nor long- term storage or, inoperable vehicles. f. No outside storage by individual units except in designated storage areas. g. Homeowners association to provide for maintenance and repair of private sewer lines. h. No change in city- required provisions of CC &Rs without prior City Council approval. 16. Units shall be numbered as shown on the attached addressing plan (Exhibit A). 17. No occupancy permits be issued until all on -site driveways, nonstructural improvements as approved by the Architectural Review Commission, and utilities shall be installed as subdivision improvements.. 18. Recreation facilities and open space on site shall receive no credit for subdivision park dedication requirements. Subdivider shall pay park in -lieu fees prior to final map approval. RESOLUTION NO. 4573 (1981 Series) Page 4 On motion of Councilwoman Dovey seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, and Mayor Billig NOES: None ABSENT: Councilman Bond the foregoing Resolution was passed and adopted this _4th day of August.. 1981. ATTEST: i City Prk -Pamela • •J APPROVED: Citv Administrative Off Community Ded lopment D rtment 1. _. ,' .... ���� O l