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Home My WebLink About5250-5285RESOLUTION N0. 5285 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1165 LOCATED AT 265 PRADO ROAD 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 1165 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan and specific plan for Higuera Commerce Park. 2. The design and improvements of the proposed subdivision are consistent with the general plan and specific plan for Higuera Commerce Park. 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 wildlike or their habitat. 6. The design of the subdivision 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. The proposed subdivision is granted a negative declaration on environmental impact. SECTION 2. Conditions. That the' approval of the tentative map for Tract 1165 be subject to the following conditions: 1. Subdivider shall provide individual water services for each unit. Meters shall be clustered at property frontage, to the approval of the City Engineer. 2. Subdivider shall extend individual gas and electrical services and metering for each unit to the approval of affected public utilities agencies and the City Engineer. 3. Final map shall note a blanket easement over the common lot area, except under the structures, for underground public utilities serving the site, to the approval of the City Engineer and affected utility companies. R 5285 0 Resolution No. 5285 (1984 Series) Tract 1165 Page 2 4. Conditions, covenants and restrictions (CC &R's) for the tract shall contain the following provisions: a. Property owners' association shall be created to enforce the CC &R's and provide for professional, perpetual maintenance of common areas including, but not:` limited-. to, driveway., parking lot, landscaping, sewer, utilities and building exteriors. b. The right shall be granted to the City of San Luis Obispo to maintain common areas if the property owners' association fails to do so and to assess said association for expenses incurred. C. _All--paikingcspaces provided in the project shall be available for use by all of the individual owners. 5. Subdivider shall install three street trees to the approval of the Public Works Department Staff. 6. Subdivider shall install six -foot wide integral sidewalk along Prado Road frontage. 7. :Units within the project shall be addressed as approved by Community Development Department and as noted on Exhibit A. 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 the foregoing resolution was passed and adopted this 3rd day of January , (7 Resolution No. 52.85 (1984 Series) Tract 1165 Page 3 APPROVED • r - _ G ■ ■ ® i r � rr� rr - 102 u,J>>- IS -S[ -SR i � BONE'i"TI :o] tGl .147 / 1 I 1 1 C° ' -SF R-2 PRADO ,pgb3 x25 Wn Lq N MA►c st." CW i DRIVE wa I( ROAD i e a - ■ ■ G lo — : }�AL4 p _ p -. -.. . SiTa :Tract 1165 s so ■ � ■ rLi j•� N H �ea �aB 1 °65• sib � 3! v e g g ycc�� Ee-Ee � b �n W ��r i�, -C]�Q •1 r uat;E °B W i V III I i III I I LI I j I II I rf f.�wOON .. I 11 oil I I i • •>. I .0•wV• ?SOON I I I I I k i PRADO ifD. Z&S ,(2•9-18S Pn ADDRESSINC PLA8 TRACT 1165 ��.,ra� �� ".� C; �� ,� ��/ / � I RESOLUTION NO. 5284 (1983 Series.) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS VOCAL ARTS ENSEMBLE (ASSOCIATION) FOR CITY TO PAY ASSOCIATION $1,500.00 TO BE EXPENDED FOR FISCAL YEAR 1983 -84 BE IT RESOLVED by the San Luis Obispo City Council 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 Vocal Arts Ensemble 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 Vocal Arts Ensemble; City Finance Director. 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 is passed and adopted this third day of January . 1984. R 5284 -,. . ti� «,, . , . �. .. -_ �.� �;: t� ,., -- � ' � ., .' .. -. ..... _ _ .. _ 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 1983 -84 SAN LUIS VOCAL ARTS ENSEMBLE This agreement is made and entered into this third day of January, 1984, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and SAN LUIS VOCAL ARTS ENSEMBLE (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; and WHEREAS, City has appropriated One Thousand Five Hundred Dollars ($1,500.00) in the 1983 -84 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association.the sum of One Thousand Five Hundred Dollars ($1,500.00) to be expended for the 1983 -84 concert season. 2. On or before April 15, 1984, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1984. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contributions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and parti- cipants 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 harm- less and to defend City in any action, proceeding, or hearing wherein Page 1 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, without limitation, all actions and claims based upon contract, tort, or statutory provisions.. 4. For purposes 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: San Luis Obispo Vocal Arts Ensemble 1870 Doris Los Osos, CA 93402 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: SAN LUIS VOCAL ARTS ENSEMBLE By : Name: Title: By: Name: Title: CITY: CITY OF SAN LUIS OBISPO Page 2 la Voges Ci Clerk RESOLUTION NO. 5283 (1983 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND PRESIDENTIAL CLASSROOM FOR YOUNG AMERICANS (ASSOCIATION) FOR CITY TO PAY ASSOCIATION $500.00 TO BE EXPENDED FOR FISCAL YEAR 1983 -84 BE IT RESOLVED by the-San Luis Obispo City Council 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 Presidential Classroom for Young Americans 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: Presidential Classroom for Young Americans; City Finance Director. 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 is passed and adopted this third day of January, 1984. R 5283 •�� r., _ ._ _ _. _' �._1'_ .. � _ �r' _. , 1 n t 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 1983 -84 PRESIDENTIAL CLASSROOM FOR YOUNG AMERICANS This agreement is made and entered into this third day of January, 1984, by and between the CITY OF SAN LUIS OBISPO,. a chartered municipal corporation (referred to herein as "City "), and PRESIDENTIAL CLASSROOM FOR YOUNG AMERICANS (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; and WHEREAS, City has appropriated Five Hundred Dollars ($500.00) in the 1983 -84 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of Five Hundred. Dollars ($500.00) to be expended for student participation in the Presidential Classroom program. 2. On or before April 15, 1984, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1984. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contributions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and parti- cipants 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 harm- less and to defend City in any action, proceeding, or hearing wherein Page 1 3 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, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 4. For purposes 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. Boa 321 San Luis Obispo, CA 93406 Association: Presidential Classroom for Young Americans 1350 California Boulevard San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: PRESIDENTIAL CLASSROOM FOR YOUNG AMERICANS By: Name : j x r Title_, k .. saw By: Name: Title: CITY• CITY OF SAN LUIS OBISPO Page 2 V " Pa' Voges C Clerk I \ RESOLUTION 90. 5282 (1983 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO LITTLE THEATRE (ASSOCIATION) FOR CITY TO PAY ASSOCIATION $2,000.00 TO BE EXPENDED FOR FISCAL YEAR 1983 -84 BE IT RESOLVED by the San Luis Obispo City Council 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 Little 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: San Luis Obispo Little Theatre; City Finance Director. 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 is passed and adopted this third day of Januarv. 1984. R 5282 74 C, y �1 i J 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 1983 -84 SAN LUIS OBISPO LITTLE THEATRE This agreement is made and entered into this third day of January, 1984, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and SAN LUIS OBISPO LITTLE 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; and WHEREAS, City has appropriated Two Thousand Five Hundred Dollars ($2,500.00) in the 1983 -84 budget for the purpose of assisting Association in its endeavors; 110W THEREFORE: 1. City agrees to pay Association the sum of Two Thousand Five Hundred Dollars ($2,500.00) to be expended for the purposes of promotion and production of stage plays. 2. On or before April 15, 1984, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1984. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contributions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and parti- cipants 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 harm- less and to defend City in any action, proceeding, or hearing wherein Page 1 r � 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, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 4. For purposes 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: San Luis Obispo Little Theatre P.O. Box 122 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: CITY: SAN LUIS OBISPO LITTLE THEATRE. CITY OF SAN LUIS OBISPO By Name: �Qriv.FS E c+F Title: 'Przs'�c?.e��' By: Name: Title: Page 2 ATTEST: Pam la oges Cit Clerk RESOLUTION NO. 5281 (1983 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO HISTORICAL SOCIETY (ASSOCIATION) FOR CITY TO PAY ASSOCIATION $500.00 TO BE EXPENDED FOR FISCAL YEAR 1983 -84 BE IT RESOLVED by the San Luis Obispo City Council 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 Historical Society 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 Historical Society; City Finance Director. On motion of Councilman Griffin , seconded by Councilman Settlg and on the following roll -call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing resolution is passed and adopted this third day of Januarv. 1984. R 5281 'P`i� �ti' �; �� -_c.,. �-� p � —� . , � ,. .. . , -<:- �: _` -- o.�, �,_, �� ,. .- �, , _ :" � - G � 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 1983 -84 SAN LUIS OBISPO HISTORICAL SOCIETY This agreement is made and entered into this third day of January, 1984, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and SAN LUIS OBISPO HISTORICAL SOCIETY (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; and WHEREAS, City has appropriated Five Hundred Dollars ($500.00) in the 1983 -84 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay.Association the sum of Five Hundred Dollars ($500.00) to be expended for the Dallidet Adobe building. 2. On or before April 15, 1984, Association will provide City'with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1984. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contributions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and parti- cipants 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 harm- less and to defend City in any action, proceeding, or hearing wherein Page 1 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, without limitation, all act -ions and claims based upon contract, tort, or statutory provisions. 4. For purposes 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: San Luis Obispo Historical Society P.O. Box 1391 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: CITY: SAN LUIS OBISPO HISTORICAL SOCIETY CITY OF SAN LUIS OBISPO By: AL N T�fiE e.I,ltG�d Title :� r•I.�ris'Ge,•r�Je. By: Name: Title: A Page 2 ATTEST: Pamela 9oges City clerk U 0 RESOLUTION NO. 5280 (1983 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND POLY ROYAL BOARD (ASSOCIATION) FOR CITY TO PAY ASSOCIATION $1,000.00 TO BE EXPENDED FOR FISCAL YEAR 1983 -84 BE IT RESOLVED by the San Luis Obispo City Council 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 Poly Royal Board 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: Poly Royal Board; City Finance Director. 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 is passed and adopted this third day of Tnnfln v i oAC, R 5280 AV/ O 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 1983 -84 POLY ROYAL BOARD This agreement is made and entered into this third day of January, 1984, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and POLY ROYAL BOARD (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; and WHEREAS, City has appropriated One Thousand Dollars ($1,000.00) in. the 1983 -84 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of One Thousand Dollars ($1,000.00) to be expended for the purposes of advertising any and all events which are to be part of Poly Royal. 2. On or before April 15, 1984, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March.31, 1984. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contributions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and parti- cipants 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 harm- less and to defend City in any action, proceeding, or hearing wherein Page 1 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, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 4. For purposes 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: Poly Royal Board P.O. Box 19 California Polytechnic State University 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: POLY ROYAL BOARD G;�oo�r By: Name: Title: CITY• CITY OF SAN LUIS OBISPO Page 2 ATTEST: RESOLUTION NO. 5279 (1983 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND K.C.B.X. (ASSOCIATION) FOR CITY TO PAY ASSOCIATION $19500.00 TO BE EXPENDED FOR FISCAL YEAR 1983 -84 BE IT RESOLVED by the San Luis Obispo City Council 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 K.C.B.X. 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: K.C.B.X.; City Finance Director. 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 is passed and adopted this third day of January, 1984. R 5279 lrr 0 n I 1 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 1983 -84 KCBX This agreement is made and entered into this third day of January, 1984, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and KCBX (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; and WHERFeS, City has appropriated Two Thousand Five Hundred Dollars_. ($2,500.00) in the 1983 -84 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of Two Thousand Five Hundred Dollars ($2,500.00) to be expended for the purpose of operating a public radio system known as KCBX. 2. On or before April 15, 1984, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1984. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contributions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and,parti- cipants 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 harm- less and to defend City in any action, proceeding, or hearing wherein Page 1 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, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 4. For purposes 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: KCB% P.O. Box 95 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: KCB% �i By: Name: Title: CITY: CITY OF SAN LUIS OBISPO ELM Page 2 RESOLUTION NO. 5278 (1983 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND CUESTA BELLES (ASSOCIATION) FOR CITY TO PAY ASSOCIATION $500.00 TO BE EXPENDED FOR FISCAL YEAR 1983 -84 BE IT RESOLVED by the San Luis Obispo City Council 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 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 Belles; City Finance Director. On motion of Councilman Griffin , seconded by Councilman Settlg and on the following roll -call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing resolution is passed and adopted this third day of January, 1984. errx V. Cit Administrativ Of icer R 5278 C a ti �h �, �....�. ., �, . _ \, J -\ _ .. � / � " ._ • ' A- f A � _ _� a��- _.,-.• R �,d L� -,�,� -- 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 1983 -84 CUESTA BELLES This agreement is made and entered into this third day of January, 1984, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and CUESTA BELLES (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; and WHEREAS, City has appropriated Five Hundred Dollars ($500.00) in the 1983 -84 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of Five Hundred Dollars ($500.00) to be expended for various performances throughout the Xear. 2. On or before April 15, 1984, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1984. 3. .Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contributions, or scholarships to any other organization or individual. 4: Association and all of its agents, representatives, and parti- cipants 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 harm- less and to defend City in any action, proceeding, or hearing wherein Page 1 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, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 4. For purposes 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: Cuesta Belles P.O. Box 130 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: MESTA BELLES By Na3 Tii CITY: CITY OF SAN LUIS OBISPO By: Name: Title: Page 2 ATTEST: �2d ox P ela Voges C y Clerk C IC RESOLUTION NO. 5277 (1983 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND CIVIC BALLET (ASSOCIATION) FOR CITY TO PAY ASSOCIATION $2,500.00 TO BE EXPENDED FOR FISCAL YEAR 1983 -84 BE IT RESOLVED by the San Luis Obispo City Council 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 Civic Ballet 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: Civic Ballet; City Finance Director. On mot -ion of Councilman Griffin seconded by Councilman Sett1Q and on the following roll -call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing resolution is passed and adopted this third.day of Januarv. 1984. R 5277 <. 1, i � - �� (- a ., n ♦ ; ..� � - y 9 s� 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 1983 -84 CIVIC BALLET This agreement is made and entered into this third day of January, 1984, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and CIVIC BALLET (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; and WHEREAS, City has appropriated Two Thousand Five Hundred Dollars ($2,500.00) in the 1983 -84 budget for the purpose of assisting Association in its endeavors; 1. City agrees to pay Association the sum of Two Thousand Five Hundred Dollars ($2,500.00) to be expended for year -round activities. 2. On or before April 14, 1984, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1984. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contributions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and parti- cipants 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 harm- less and to defend City in any action, proceeding, or hearing wherein Page 1 0 10 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, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 4. For purposes 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: Civic Ballet P.O. Box 1041 San Luis Obispo, CA 93406 IN WITNESS'WHEBEOF, the parties hereto have executed this agreement by their proper officers duly authorized as of the date first written above. ASSOCIATION: CITY: CIVIC BALLET CITY.OF SAN LUIS OBISPO Name: Title: By: Name: Title'- Page 2 RESOLUTION NO. 5276 (1983 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND CENTRAL COAST CHILDREN'S THEATRE,. INC. (ASSOCIATION) FOR CITY TO PAY ASSOCIATION $2,500.00 TO BE EXPENDED FOR FISCAL YEAR 1983 -84 BE IT RESOLVED by the San Luis Obispo City Council 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, 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: Central Coast Children's Theatre; City Finance Director. On motion of Councilman Griffin , seconded by Councilman Settlp and on the following roll -call vote: AYES: Counci- lmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT None the foregoing resolution is passed and adopted this third day of January, 1984.. R 5276 �i�� O • �J n �' / ✓` / r �� . ,. �- .. �� - �- A G R E EM E,N_T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1983 -84 CENTRAL COAST CHILDREN'S THEATRE, INC. This agreement is made and entered into this third day of January, 1984, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and CENTRAL COAST CHILDREN'S THEATRE, 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 their application, attached hereto as Exhibit 1 and incorporated herein by reference; and WHEREAS, City has appropriated Two Thousand Five Hundred Dollars ($2,500.00) in the 1983 -84 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of Two Thousand Five Hundred Dollars ($2,500.00) to be expended for year -round activities in the schools, Mission Plaza, etc. 2. On or before April 14, 1984, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1984. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contributions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and parti- cipants 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 Page 1 as employees or agents of City. Association agrees to hold City harm- less 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, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 4. For purposes 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: Central Coast Children's Theatre, Inc. P.O. Box 925 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: CITY: CENTRAL COAST CHILDREN'S THEATRE, INC. CITY OF SAN LUIS OBISPO M1 -._ �- is � > ... ATTEST: By: V Name: P la Voges Title: Ci Clerk Page 2 RESOLUTION NO. 5275 (1983 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND CAL POLY MARCHING & SYMPHONIC BAND (ASSOCIATION) FOR CITY TO PAY ASSOCIATION $1,000.00 TO BE EXPENDED FOR FISCAL YEAR 1983 -84 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit A and incorporated herein by reference, between the City of San Luis Obispo and Cal Poly Marching & Symphonic Band 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: Cal Poly Marching & Symphonic Band; City Finance Director. 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 is passed and adopted this third day of Jnminrv_ 19R4_ R 5275 �� , .� ��.�� ° "t� �� ., •i` �. -- __. . ��, . ,. , �.. ,_ , ._ ., ., :. ,� ° "t� �� ., •i` �. -- __. . ��, 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 1983 -84 CAL POLY MARCHING & SYMPHONIC BAND This agreement is made and entered into this third day of January, 1984, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and CAL POLY MARCHING & SYMPHONIC BAND (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; and WHEREAS, City has appropriated One Thousand Dollars ($1,000.00) in the 1983 -84 budget for the purpose of assisting Association in its endeavors; NOW THEREFORE: 1. City agrees to pay Association the sum of One Thousand Dollars ($1,000.00) to be expended for year -round concerts. 2. On or before April 15, 1984, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending March 31, 1984. 3. Association further agrees that monies paid to it pursuant to the terms of this agreement shall not be used to fund donations, contributions, or scholarships to any other organization or individual. 4. Association and all of its agents, representatives, and parti- cipants 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 harm- less and to defend City in any action, proceeding, or hearing wherein Page 1 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, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 4. For purposes 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 Cleric City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 Association: Cal Poly Marching & Symphonic Band % Music Department California Polytechnic State University 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: CITY: CAL POLY MARCHING & SYMPHONIC BAND CITY OF SAN LUIS OBISPO By :�, a,�J Nam4LJ, Tit�oz. R�/1) _ By: Name: Title: Page 2 7,%r RESOLUTION NO. 5274 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO AGREEMENT BETWEEN THE CITY AND WALTER BROTHERS CONSTRUCTION COMPANY, INC. 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" and incorporated herein by reference, between the City of San Luis Obispo and Walter Brothers Construction Company, 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 amendment to agreement approved by it to: Walter Brothers Construction Company, Inc:', City Engineer, City Finance Director. 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 3rd day of January , 1984. City Adm istrativ�V ff cexa,, City AVf0--rV4y )11 ty Engineer R 5274 1 AMENDA "ENT TO AGREEMENT This Amendment to Agreement was made and entered into this 3rd day of January , 1984, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, hereinafter referred to as "CITY" and WALTER BROTHERS CONSTRUCTION COMPANY, INC., hereinafter referred to as "DEVELOPER "; jointly referred to hereinafter as the "parties ". RECITALS The parties enter into and execute this Amendment to Agreement with knowledge of and reliance upon the following facts: 1. The City Council of the City of San Luis Obispo, pursuant to Resolution No. 42FP (1980 Series) granted DEVELOPER a use permit (110794 -A), which set forth several conditions allowing construction of a three -story social services office complex at 3220 S. Higuera Street. 2. Two of the conditions required DEVELOPER to make certain payments to CITY regarding proposed future traffic signals. 3. On March 29, 1982, the CITY and DEVELOPEP entered .into an agreement whereby DEVELOPER agreed to submit a bond to guarantee the traffic signals in question in lieu of a cash payment as required by the City Council Resolution. The agreement further provides that in the event either or both of the traffic signals in question were not installed by CITY within two years of the date the agreement was entered into, the DEVELOPER would either pay to CITY the respective monies, or request an extension of the agreement. A copy of the agreement is attached hereto as Exhibit "A ", and incorporated herein by this reference. 4. DEVELOPER hereby requests an extension of the agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual and respective covenants and promises set forth herein and subject to all the terms and conditions hereof, the parties agree as follows: A. CITY agrees to extend the termination date of the March 29, 1982 agreement by two years, to and including March 29, 1986. A. DEVELOPER agrees to submit a bond approved.by the City Attorney and in favor of the CITY, and conditional upon compliance with this Amendment to Agreement. The bond shall be in the initial amount of Forty -three Thousand Dollars ($43,000) which is the estimated share of the cost of said traffic signals.. The bond shall provide for adjustment to reflect actual costs at time of installation. If. DEVELOPER. fails to submit an acceptable bond by March 1, 1984, this Amendment to Agreement shall terminate, and shall have no further force or effect. IN WITNESS WHEREOF, this Amendment to Agreement has been entered into the date and year stated above. -2- DEVELOPER WALTER BROTHERS CONSTRUCTION COMPANY, INC. By President, Don C. Walter BY -3- AGREEMENT This agreement dated this .29th day of 'larch , 1982 by and between WALTER BROTHERS CONSTRUCTION COMPANY, INC., herein referred to as "Developer" and the CITY OF SAN LUIS OBISPO, herein referred to as the "CITY ". WHEREAS, Developer has been granted a Use Permit.(U0794 -A) pursuant to City Council Resolution No. 4269 (1980 Series) which sets forth several conditions to allow construction of a three -story social services office complex at 3220 South Higuera Street; and WHEREAS, two (2) of the conditions (4 and 5) of the use permit require Developer co: 1. Pay to City, thirty -five (35) percent of the total cost (current estimated total cost a $86,000) of proposed future traffic signals at the intersection of South Higuera Street. and Margarita Avenue, and 2. Pay to City, fifteen (15) percent of the total cost (current estimated total cost - $86,000) of proposed future traffic signals at the inter- section of South Higuera Street* and Prado Road; and WHEREAS, Developer desires to submit* a bond to guarantee the above- mentioned traffic signals in lieu of cash payment as required per said resolution. N014 THEREFORE, in consideration of the foregoing, Developer does hereby agree to pay, upon demand by City, the respective above - mentioned monies as calculated by the City Engineer, within sixty (60) days notice thereof. In the event either.or both of the respective traffic signals are not installed by City within two (2) years from the above date, Developer shall etcher pay to City the respective monies, or, request an extension of this ,agreement by the City Council. Any extension of time hereunder shall not operate to release the surety filed pursuant to this Agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. The Developer hereby attaches hereto, and as an integral part hereof, and as security for the performance of this Agreement, (a bond) approved by and in favor of the City, and conditional upon compliance with this Agreement, which said bond is in the initial amount of $43,000, and which is in the amount of the present estimated share of the cost of said improvements ($30,100 for Margarita Avenue; $12,900 for Prado Road). Said amounts shall be adjusted . to reflect actual costs at time of installation.. X11 "A it 9 I City shall install the respective traffic signals when sufficient funds are available. It is understood and agreed by and between the Parties hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. That certain agreement dated February 18, 1982 by and between the Parties hereto, approved by the City of San Luis Obispo by Resolution No. 4742(1982 Series) hereby is rescinded and is of no further force and effect. IN WITNESS WHEREOF, this Agreement has been executed by: 29th day of i4arch ,1982 WA nc TNERS CONSTRUCTION CO., INC. Pre !dent WAL TER .BROTKERS RUC CONSTTION CO., INC. Secretary Approved as co form: ..jL -�- l< CITY ATTORNEY Li day of tkA 61^ J% CITY ENGS�EER _2_ 11- 1.2 sua TAM 0 hHo IMTHEITHN DO) lus Paaue PLaza Sgaane A GENERAL ENGINEERING CONTRACTOR TELEPHONE 805/543=5854 P. O. BOX 809 SAN LUIS OBISPO, CALIFORNIA 93406 December 10, 1983 City of San Luis Obispo P.O. Box.321 San Luis Obispo, California 93406 Attn: Gerald Kenny Supervising Civil Engineer Re: Traffic Signals Costs Agreement •- Dear Mr. Kenny: The agreement between Walter Bros.. Construction Co., Inc, and the City of San Luis Obispo provides for an extension of time for payment of our share of Traffic Signals-requited as a con- dition of construction for the three story Social Services Office complex at 3220 So. Higuera Street.. Walter Bros. is requesting a two year extension of time and will post a bond guaranteeing the payment within two years, of the date of the extension, or upon demand by City within 60 days thereof.. I have -been advised by our Bonding Company that.Walter Bros. must furnish a year end financial statement to secure this bond, the earliest that our accountant could provide Onancial statements would be February of 1984. -As soon as the inancial statements are completed the bond requested will be i ued. Thank you for your understanding in this situation. V V ly yours, Dalter Pt (• � � NEAL- TRUESUALE INSURANCE, INC. `,� COMPLETE IJNE OF INSURANCE w VOUR D�d"" IU,tSS,O.N 111 s4R•NCF �Gt December 9, 1983 DEC 12 1963 City of San Luis Obispo Gerald Kenny Supervising Civil Engineer P.O. Box 321 San Luis Obispo, CA 93406 RE: Walter Bros Construction Company Traffic Signal Bond Dear Mr. Kenny: Please be advised that in order for our office to issue the Traffic Signal Bond to comply with the agreement with Walter Brothers Construction Company, Walter Brothers must furnish the Bonding Company with a year end financial statement. The earliest that the Certified Public Accountant can have a year end statement would be sometime in February of 1984.. Upon reciept f_o the financial statement, we can immediately issue the bond requested. You truly, P Robert E. Neal RN /d] 1301 Chorro Street • P.O. Box. 771 • San Luis Obispo, California 93406 . 805/543 -7430 RESOLUTION NO. 4787 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BET14EEN THE CITY AND WALTER BROTHERS CONSTRUCTION COMPANY, INC. 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 Walter Brothers Construction. Company, 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: Walter Brothers Construction Company, Inc., City Engineer, City Finance Director. 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 6th day of April 1982. v MAYO MXYOA MELANIE C. BILLIG ATTEST :' Rnn V CITY IL ERK PAMELA v0 APPROVED: City Administrati Off -et R 4787 0 Resolution No. 4787 (1982 Series) / \Vjt•\( 1,, City Attorney Finance Di a or Interim Community Development Director AC ty gineer RESOLUTION NO. 5273 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND FRIENDSHIP SCHOOL, INC. PROVIDING FOR A WORK PROGRAM FOR STUDENTS 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 FRIENDSHIP SCHOOL, 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: Friendship School, Inc.. 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 an4__adopted this 3rd day of January �1984 ATTEST: CITY R 5273 �rf-�c NO C J AGREEMENT FOR SERVICES This Agreement is made and entered into this 3rd day of January , 1984, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, ("CITY") and FRIENDSHIP SCHOOL, a non - profit corporation ( "SCHOOL "), jointly referred to herein as the "parties ". RECITALS The parties enter into and execute this Agree_T7ent with knowledge of and reliance upon the following facts.: 1. CITY has a need for unskilled laborers to perform general maintenance work on City property. work. 2. SCHOOL has unskilled laborers available to perform such 3. CITY desires to engage SCHOOL as an independent contractor to perform general maintenance work within the City. 4. The purpose of this Agreement is to provide a meaningful useful, and manageable work program for the students of SCHOOL and to render a public service. AGREEMENT NOW, THEREFORE, in consideration of the mutual and respective covenants and promises set forth herein, and subject to all the terms and conditions hereof, the parties agree as follows: A. CONTRACT SERVICES. SCHOOL agrees to provide qualified students to perform unskilled labor for ground maintenance and related duties in or about City property as required by the CITY. B. COMPENSATION. CITY agrees to pay SCHOOL compensation at the rate of $3.35 /hour per worker (except for those workers who are classified as "trainees" who shall be billed at $2.85 /hour); provided, C CITY shall not be liable for any services rendered in excess of $10650.00. SCHOOL shall submit detailed monthly statements setting forth the number of hours worked per day. All compensation shall be paid to SCHOOL in accordance with regular CITY payment procedures. C. INDEPENDENT CONTRACTOR.. SCHOOL agrees, that at all times covered by the terms of this Agreement, it is acting as a free and independent contractor, and not as an.employee of the CITY, SCHOOL further agrees that as an independent contractor, neither it, its students, employees or agents; shall accrue or be eligible for sick leave, vacation, workers compensation, unemployment insurance benefits, medical insurance or other similar benefits available to CITY employees. SCHOOL agrees to supervise and direct all students in performance of the services required hereunder. D. WORKERS COMPENSATION. SCHOOL certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers compensation or to undertake self— insurance in accordance with the provisions of that Code., and.it certifies that it will comply with such provisions, if applicable, before commencing the performance of the work of this- Agreement. E. NO DISCRIMINATION. SCHOOL agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, marital status, or physical handicap. SCHOOL shall take affirmative action to insure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin, marital status or physical handicap. -2- 'FYI F. NON - ASSIGNABILITY. SCHOOL shall not assign any interest in this Agreement without the prior written consent of CITY. G. TERMINATION. CITY may suspend or terminate this Agreement for any reason by giving ten (10) days written notice to SCHOOL. Upon receipt of such notice, SCHOOL shall immediately discontinue its performance under this Agreement. Upon such suspension or termination, SCHOOL shall be paid for all services actually rendered to CITY to the date of such suspension or termination. H. INDEMNIFICATION. SCHOOL agrees to and shall defend, indemnify, and save harmless CITY and its officers, agents, and employees, from and against any and all claims, demands, liability, costs, expenses, damages, causes of action or judgments for loss of damage to property or death or injury to persons, in any manner arising out of this Agreement or out of SCHOOL's performance or attempted performance of the provisions hereof, including, but not limited to, any act-or omission to act or act of negligence by SCHOOL, its students, agents, employees, or independent contractors directly responsible to SCHOOL, excepting only such injury or death as may be caused by the sole negligence or willful conduct of the CITY, its officers, agents or employees. I. INSURANCE. SCHOOL agrees to and shall take out and maintain during the entire time of this Agreement, in companies acceptable to CITY, public liability and property damage insurance in the amount of at least Five Hundred Thousand Dollars ($500,000) combined single limit for bodily injury and property damage. The policy shall provide that the insurance will act as the primary insurance and that no other insurance effected by CITY will be called to contribute to the loss covered thereunder. The City of San Luis Obispo, its officers, agents, and employees shall be named as additional -3- insureds under the policy. SCHOOL shall furnish CITY with a certificate of insurance satisfactory to the City Attorney upon execution of the Agreement. J. TERM. This Agreement shall take effect upon execution by.both parties and unless previously terminated in accordance with the provisions of Paragraph G, above, shall terminate on June 30, 1984. R. NOTICE. For purposes of notice under this Agreement, all notices shall be considered effective forty- eight (48) hours after being sent by U.S. Mail, to the following addresses: CITY: City Clerk City of San Luis. Obispo P. O. Box 321 San Luis Obispo, CA 93406 Attn: Lane Wilson SCHOOL: Friendship School, Inc. P. O. Box :1451 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, CITY and SCHOOL have executed this Agreement the day and year first above written. CITY OF SAN LUIS OBISPO -4- FRIENDSHIP SCHOOL, INC. By Dav C7.I RESOLUTION NO. 5272 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SELECTING A VENDOR FOR THE INSTALLATION OF AN OFFICE AUTOMATION SYSTEM FOR OPERATING DEPARTMENTS WHEREAS, the City wishes to acquire an effective word processing /office automation system; and WHEREAS, the City has adopted policies and procedures for the purchase of goods and services pursuant to its powers as a chartered municipal corporation; and W11EREAS, the City Council, as the purchasing authority, has previously approved the use of a Request For Proposals in lieu of an Invitation To Bid and authorized city staff to solicit proposals from prospective vendors; and WHEREAS, evaluations of the proposals received have been completed.' NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San. Luis Obispo as follows: The City Council, as the purchasing authority, hereby designates Entech Datacomm, Inc. as the selected office automation system vendor, and authorizes staff to negotiate a contract for final design and installation of a system for the city's operating departments. On motion of Councilman Griffin and on the following roll call vote: seconded by Councilman Settle , AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing - Resolution was passed and adopted this 3rd day of January , l 84. ATTEST: "CITY CLERK PA IELA R 5272 Resolution No. 5272 (19 eries) Approved: City AdministratiVe Off#er City Aftkriney- Ci y Clerk Finance Dire ftok Page 2 � 0 t� RESOLUTION NO. 5271 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND JOHN and SHIRLEY READY AND ROBERT D. WENDT FORA WATERLINE IN BUENA VISTA AVENUE, EASTERLY OF SANTA MARIA AVENUE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and John and Shirley Ready and Robert D. Wendt for construction of a waterline in Buena Vista Avenue, easterly of Santa Maria Avenue under the $25,000 Quarterly Program in order to provide improved fire flow for projects at 20, 43, and 53 Buena Vista' Avenue is hereby,approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: the property owner, the City Engineer, the Director of Public Works and the Director of Finance. On mot -ion 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 3rd day of January 1984. ATTEST: // / l . ..... erk Pamela Vey :d as to For Q R 5271 mini istrative Offi r Resolution No. 5271 (1984 SeriFm.) Page 2 Finance r for City E veer ,��,f�� O r�� -�� yi��0�'Lc�r� 11 -10 -83 MBIT "A9, AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT, dated January 3 1984, for the convenience of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City," and John F. Ready and Shirley Ready and Robert D. Wendt, the fee owners and developers of the real property described in Exhibit "A," attached hereto, hereinafter called "Developers." WITHNESSETH: In consideration of the mutual benefits, promises and agreements set forth herein, the parties agree as follows: 1. The City agrees to design and contract for the installation of, and assist in funding the following described water system improvements in accordance with Municipal Code Section 7410.9 subsection (1), relating to main extensions to new customers other than subdivisions, and City Council Resolution No. 4293, adopted on October 28, V980, which resolution is made a part of this agreement as though specifically set forth herein: a. Construction of approximately 415 feet of 8 -inch diameter waterline in Buena Vista Avenue, easterly of Santa Maria Avenue. b. Installation of one fire hydrant with connecting lateral and related.facilities. c. This project including inspection, engineering, and administration thereof is to be partially financed by the City.under provisions of Resolution No. 4293, otherwise known as the "$25,000 Quarterly Funding Program," to the extent that said funds are available from the second Quarter of the 1983 -84 program. ® Page 2 d. The total estimated cost of this project including engineering, inspection and administration is $25,000 of which the City's agreed estimated contribution is to be $21,000. The Developers agree to pay the balance of $4,000 or 19% of the total project costs, whichever is more. The Developers' shares are to be divided between the Readys and Wendt at 50% each. 2. Said water system improvements have been determined necessary to provide adequate dependable fire protection for Developers' proposed structures at 20, 43 and 53 Buena Vista Avenue. 3. City agrees to prepare plans and specifications providing for the above described installation to City standards and to call for bids, award a contract and administer the same in accordance with the provisions of Section 724 of the City Charter. 4. Developers agree to pay the following amounts as their shares of the cost for said improvements: a. At the time of signing this agreement, a total deposit. in the amount of $2,500.00 which represents 10% of the estimated total cost for the project. b. After receiving bids and prior to award of contract, Developers shall deposit such additional amounts as is necessary to pay for the balance of their shares of the actual engineering, administration and contract cost of the project as described in Section 1, Paragraph "d" above and as adjusted to conform with the unit prices of the lowest acceptable bid. It is understood that if said balance is not paid to the City within twenty (20) calendar days after notifi- cation of the determination of the cost of said work, no improvements will be made and the deposit will be forfeited and retained by the City. `% Page 3 c. Any increased costs due to change orders or other unanticipated expenses occurring during the course of the project shall be paid by the developers within 15 days after notification thereof by the City; changes resulting in cost decreases shall.be credited to the Developers. 5. For planning purposes, the City estimates that the water system improvement will be completed within four (4) weeks after the contract is awarded; and City agrees to use due.diligence in seeking timely contract performance. However, the parties recognize that City cannot guarantee timely performance, and' Developer agrees that City shall not be responsible for any loss incurred by him as a result of delays in contract completion. Developers also agree to hold City harmless .from all claims by third persons., purchasers or tenants which are based upon delays in.performance of the water main construction contract.. 6. Developers agree that they will not seek certificates of occupancy and will not permit others to occupy on projects to be constructed by them upon the real property referred to herein prior to the completion of the water system . improvements construction contract unless written permission to do so is obtained . from the Fire Chief. 7. This agreement, shall be binding upon, and shall inure to the benefit of, the heirs, assigns, and all other successors in interest of the parties. IN WITHNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF SAN LUIS OBISPO DEVELOPERS I lo Jghn F. Ready Shi" Read/ f' . Robert D..Wendt is 0 APPROVED: 0— City 'Administrative Offiker V City 4tVrnoy m Page 4 �I BvEiyg V/ sr, WA TER L /N, EXHIBIT "A" Legal Descriptions for 20, 43 and 53 Buena Vista Avenue (1) Robert D. Wendt (20 Buena Vista) AFN 52- 271 -02 (2) John F. Ready and Shirley Ready (43 and 53 Buena Vista Avenue) AFN 52- 135 -17 RESOLUTION NO. 5270 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ROBERT BRUINGTON FOR CONSTRUCTION OF A WATERLINE IN PISMO STREET BETWEEN BEACH AND CARMEL STREETS. 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 Robert Bruington for construction of a waterline in Pismo Street between Beach and Carmel Streets under the $25,000 Quarterly Program in order to provide improved fire flow 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 property owner, the City Engineer, the Director of Public Works and the Director of Finance. 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 3rd day of January 19,84. ATTEST: City C erk Pamela Vc Appr)6ve as fo Form: City dministrati° vd Officer' City Att, ey WN R 5270 Resolution No. 5270 (1984 Series) Page 2 J Finance Dir c or �..� City En eer 12 -19 -83 `� -�-�� . ,�� j�„r.:�� -� �, -�� j ry M E o ff A f9 AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT, dated January 3 1 1984, for the convenience of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City," and Robert Bruington, the fee owner and developer of the real property described in Exhibit "A;" attached hereto, hereinafter called "Developer." WITNESSETH: In consideration of the mutual benefits, promises and agreements set forth herein, the parties agree as follows: 1. The City agrees to contract for the installation of, and assist in funding the following described water system improvements in accordance with Municipal Code Section 7410.9 subsection (1), relating to main extensions to new customers other than subdivisions, and City Council Resolution No. 4293, adopted on October 28, 1980, which resolution is made a part of this agreement as though specifically set forth herein: a. Construction of approximately 510 lineal feet of eight (8) inch diameter water line in Pismo .Street, between Carmel and Beach Streets, including necessary connections to existing mains and existing services. b. Installation of one fire hydrant with connecting lateral and related facilities. c. This project, including inspection, engineering, and administration thereof is to be partially'financed by the City under provisions'of Resolution No. 4293, otherwise known as the "$25,000 Quarterly Funding Program," to the extent that said funds are available.from the First Quarter of the 1983 -84 program. d. The total estimated cost of this project including engineering, inspection and administration is $27.500 of which the City's agreed contribution. f is to be $25,000. The Developer agrees to pay a minimum of $2,500.00• 2. Said water system improvements have been determined necessary to provide. adequate dependable fire protection for the Developer's proposed new structure at 457 Pismo Street. 3. Developer agrees to provide plans designed by a licensed civil engineer to the satisfaction of the City Engineer, providing for the Above described work, since the Developer had engaged an engineer to prepare plans prior to receiving City Council priority for this fiscal period. The City agrees to compensate the Developer for his engineer's cost of preparing the plans to maximum of six hundred ($600.00) dollars. This amount shall be deducted from the developer's deposit as prescribed in Paragraph 5 below. The plan check deposit of two hundred ($200.00) dollars shall also be deducted from said deposit. 4. City agrees to prepare specifications providing for the above described installation to City standards utilizing plans specified in No. 3 above, and to call for bids, award a contract and administer the same in accordance with the provisions of Section 724 of the City Charter. 5. Developer agrees to pay the following amounts as his share of the costs for said improvements: a. At the time of signing this agreement, a deposit in the sum of $2,500.00 which represents lO% of the estimated total cost for the project, less $600.00 for plans and $200.00 for plan check deposit as prescribed in No. 3 above, or, $1.700.00. b. After receiving bids, and prior to award of contract,.-Developer shall deposit such additional amount as is necessary to pay for the balance of his share of actual construction engineering, inspection, administration and contract cost of the project as described in Section 1, Paragraph "d" above and as adjusted to conform with the unit prices -2- I of the lowest acceptable bid. It.is understood that if said balance is not paid to the City within twenty (20) calendar days after notification of the determination of the cost of said work, no improvements will be made, and the $1,700.00 deposit less bidding and advertising costs incurred by the City will be returned to the Developer. The inspection plan check and.plan costs shall be forfeited by the Developer. c. Any increased costs due to change orders or other unanticipated expenses occurring during the course of the project shall be paid by the Developer within 15 days after notification thereof by the City. 6. For planning purposes, the City estimates chat the water system improvement will be completed within, eight (8) weeks after the contract is awarded, and the City agrees to use due diligence in seeking timely contract performance. However, the parties recognize that the City cannot guarantee timely performance, and the Developer agrees that the City shall not be respon- sible for any loss incurred by him as a result of delays in contract completion. Developer also agrees to hold the City harmless from all claims by third persons, purchasers or tenants which are based upon delays in performance of the water- main construction contract. 7. Developer agrees chat he will not seek a certificate of occupancy and he will not permit others to occupy the project to be constructed by him upon the real property referred to herein prior to the completion of the water system improvements construction contract unless written permission to do so is obtained from the Fire Chief. S. This agreement, shall be binding upon, and shall inure to the benefit of, the heirs, assigns, and all other successors in interest of the,parties. -3- n IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF SAN LUIS OBISPO: APPRO D: i City Administrative Officer GGs City Att ney Finance Di ctor City En -eei -4- DEVELOPER: 4obert B ngton Date: /4/ IS:3 It EXHIBIT "A" Legal Description for 457 Pismo Street The Westerly 75 ft. of Lot 2, Block 54 according to Official Map of the Town of San Luis Obispo recorded in the Office of the County Recorder in Book A at Page 168 of maps. A.P. Ho. 03- 613 -04 WATER P /SM O - BEACH TO CARME'L � RESOLU r JN NO. 5269 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DETERMINING PLANS FOR CONSTRUCTION OF A BRIDGE AND RESIDENCE AT 139 CHORRO STREET TO BE CONSISTENT WITH THE FLOOD MANAGEMENT POLICY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: WHEREAS, the City Council has adopted the Flood Management Policy which requires City Council review of the projects related to the four major waterways; and, WHEREAS, plans for a bridge crossing and single family residence at 139 Chorro Street have been submitted to the City, and whereas the City Council has reviewed the proposed plans in concept-(Exhibit "A "), and; WHEREAS, the City Engineer has found that: (1) a bridge is the only feasible access to 'the project site; (2) the proposed plans for construction meets flood ordinance requirements; and (3) a clear -span bridge is not economically feasible. THEREFORE BE IT RESOLVED, the City Council determines that the proposed plans for construction of a bridge and residence at Old Garden Creek at 139 Chorro Street are consistent with the .Flood Management Policy, subject to the approval of the Public Works and Community Development Directors. On motion of Councilman Griffin, seconded by Councilman Dunin, and on the following roll call vote: AYES: Councilmember's Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and -- adopted this 13th day of December, R 5269 Resolution NO. 526 9(1983 Series) Page 2 _ AP r, a City Administrative Officer i City A orney Community Development Director LL � City Engineer ,Teri Rmlicy) � • 1 t1 IF ( all • _ \ �- ��_t Iii I. �� /% 1 . 1 Jt 1 1 , •, t .,a � _ fwd � e 1 7• i�. • -. . � • 1 t1 IF ( all • _ \ �- ��_t Iii I. �� /% 1 . 1 Jt 1 1 , r. J'- ' ` = `��r- .��.�� =�1 f,>r..gl -1�� iii �ti�f. =' •� � •�..� %ice- • -��75 Z7 �tz tr 0.11. It!" ( ` ( '• -'• =may. T� Z = + i � 4. t: 7� �_- �� 1 /39 ,t a s •� _ mat s- M� .7 91tttT QOIhOMbfmM.�R� O f FOiM WfeIIA.L • � X : •• a RESOLUTION NO. 5268 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF (MISSION TRAILER PARR SEWERLINE, 546 HIGUERA STREET). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. In accordance with the provisions of Resolution No. 5252 (1983 Series) this Council held a public hearing this date concerning the alleged existence of a public nuisance in the form of an exposed sewerline in the creek upon the real property known as Mission Trailer Park at 546 Higuera Street, and more particularly described as a portion of Block 61 of Old Town, and shown as Assessor's Parcel No. 2- 402 -30 in.the County of San Luis Obispo. 2. After considering the..testimony for said Mission Trailer Park, this Council finds and determines that said exposed sewer,-line in the creek con- stitutes a public nuisance. 3. This Council further orders that a plan for said abatement be sub- witted to and approved by the Public Works Director prior to April 1, 1984, and further orders the abatement of said nuisance on or before June 30, 1984. On motion of Councilman Dunin , seconded,by Councilwoman Dovey f and on the following roll call vote: AYES: Councilmembers Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was duly passed and adopted this 13th day of December 1983. ATTEST: City -CQerk Pame R 5268 i I Resolution No. 5268 (1983 Series) Page 2. l�iCiL City Administrative Of icer Public Works Director �orr�ery � %i l P� -�: �YO�c�� OGt,�'1�''� �� y �f!%h� RESOLUTION NO. 5267 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS'OBISPO AMENDING AN AGREEMENT BETWEEN THE CITY AND BOB SIMONIN FOR SEWER FARM FIELDS 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 Bob Simonin is hereby amended to terminate on May 31, 1987 and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution to: Bob Simonin, City Finance Director, and Director of Public Works. On motion of Councilman Dunin seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 13th day of December , 1983. ATTEST: P4, M dL 11 ^ City C erk Pamela V e APPR �Q Or�g City Administrative Officer City Att ney ie C. B Director of Public Works Finance 4. R 5267 EXHIBIT "A" AMENDMENT EXTENDING AGREEMENT SEWER FARM LEASE The undersigned parties to the Sewer Farm Lease Agreement dated May 26, 1982, between the City of San Luis Obispo and Bob Simonin, a copy of which is on file in the Office of the City Clerk, hereby agree as follows: 1. Said Agreement shall be extended through May 31, 1987. 2. All other terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed on this 13th day of December , 1983. ATTEST:, CITY CLERK PAMELA V ES Bob Simonin CITY OF SAN LUIS OBISPO A CD LrASE AGREEMENT - SET.-.717R FARM FIELDS This lease, made and executed this 26th day of May , 1982, is by and between the CITY OF SAN LUIS OBISPO, a municipal corporation., hereinafter referred to as "City ", and Bob Simonin 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 June 1, 1982, and terminating on May 31, 1985. Approximately 41.96 acres will be available (including 8.50 acres of Gudel Property). 2. The rental shall be Seven and =0 Dollars ($7.00) per acre per month, payable in advance the first of every month, commencing with June 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 fields in accordance with directions given by the City and further understands that the City reserves .the right, without notice to Lessee, to 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 i - 2 - �J times. Particular care must be exercised to avoid standing; water or excessive irrigation. 5. 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 of not less than $100,000 for each person and $300,000 for each occurrence, with thirty (30) days notice to the City for cancellation or modification of insurance. 6. Lessee agrees to use good grazing practices and to move his or her animals to designated portions of the premises if requested to 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 the 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. 8. 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 a u - 3 - 4r-) install such approved addiLional 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 to 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 land 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, pending, 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 he effective thirty (30) days after such determination, with written notice to Lessee, and Lessee shall not be entitled to damages or other reimbursement as a result of such termina- tion. 16. Written notice under this agreement may he given by either party to the other, and shall be effective upon the deposit in the U.S. 'Sail of 4 certified or registered letter addressed to the other party at the addres-s beIow: CITY: City Clerk City Hall P.O. Box 321 San Luis Obispo, CA 93406 LESSEE: Robert Simonin 8220 Carmelita Avenue Atascadero, CA 93422 17. City agrees to give credit of $405.14 on the lease payment to permit Lessee to purchase 30 gallons of 2 -4 -D weed eradicator to promptly control existing weeds on the site. IN WITNESS WHEREOF, the parties hereto execute this lease in duplicate, on the date first written above. LESSEE: by by LESSOR: City of San Luis Obispo by S f !Ea ATTEST: MAYOR MELANIE C. BILLIG ' CI I Y CLERK 111,115LAOOGES APPROVED: e,,2-0- 17 --7 City Administrative Ufficerl Director of Public Services City .A rn �• k u is I �G� n �, ,p �' �� i� �I RESOLUTION NO. 5266 C 1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND CURTIS - HERRIMAN ENGINEERING CONSULTANTS FOR DEVELOPMENT OF A PAVEMENT MANAGEMENT SYSTEM. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Curtis - Herriman Engineering Consultants, 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: David Pierce, Transportation Manager and Curtis - Herriman Engineering Consultants. On motion of Councilman _Griffin seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Griffin, Dovey and Mayor Billig NOES: Councilman Dunin ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 13th day of December , 1983. ATTE W IN l II ' E City A ministrat tie Offic64 City Attorney Ze �vd R 5266 lic Works Director A N 0 STANDARD AGREEMENT FOR CONSULTATION OR OTHER SERVICES (ENGINEERING DIVISION) THIS AGREEMENT made this 13th day of December 1983 by and between the CITY OF SAN LUIS OBISPO, P 0 Box 321, San Luis Obispo, California (hereinafter referred to as "CITY ") and CURTIS /HERRIMAN ENGINEERING CONSULTANTS whose address is 1666 E. Cypress Avenue #12, Redding, California 96002 (hereinafter referred to as "CONSULTANT ") at San Luis Obispo, California. WITNESSETH: IN CONSIDERATION of the mutual convenants and conditions herein contained, the parties do hereby agree as follows: 1. General CITY engages CONSULTANT to furnish the services hereinafter mentioned upon the convenants and conditions of this Agreement, at the compensation herein stimpulated, and CONSULTANT accepts said engagement upon said terms. 2. Duties of Consultant; Services To Be Performed By Consultant CONSULTANT shall perform such duties and services as are listed on Exhibit A attached hereto, signed by the parties, hereby referred to and made part hereof by reference. Said services shall be completed according to the time schedule contained in Exhibit E. 3. Services Or Materials To Be Performed Or Furnished By Cit CITY shall perform such services or furnish such materials to CONSULTANT in connection with this Agreement as are set forth on Exhibit B. If there are no entries on said Exhibit B, CITY shall not be required to provide any services or furnish any materials to CONSULTANT. Unless otherwise provided on Exhibit B, all said services and materials will be furnished by CITY to CONSULTANT without cost to CONSULTANT. 4. Payment By City: Time and Manner of Payment CITY shall pay CONSULTANT for all services to be rendered and all materials to be furnished under this Agreement, the amount specifically set forth and in the manner specifically set forth on Exhibit C. CONSULTANT agrees to accept said sum as full compensation for all sery ices due under this Agreement. (Note: The manner of payment whether installment or lump sum, and method of computing payment is so varied in Consultant Agreements that specific provisions must be detailed on Exhibit C; no provision can be approved, however, which does not provide for retention of a portion- of the payment for a reasonable period after the completion of the work; in addition, a statement must be included on Exhibit C limiting total maximum compensation under this Agreement to a specific sum unless otherwise agreed by the parties in writing.) -1- • 0 5. Additional Work The CONSULTANT shall be entitled to extra compensation for services or materials not otherwise required under this Agreement., provided that CITY shall first have requested such extra services or materials in writing, but in no event shall CITY be liable for payment unless the amount of such extra compensation shall first have been agreed to in writing by CITY. 6. Professional Skill CONSULTANT represents that it is skilled in the professional calling necessary to perform the work agreed to be done by it under this Agreement. CITY relies upon the skill of CONSULTANT to do and perform its work in the most skillful manner, and CONSULTANT agrees to thus perform its work, and the acceptance of its work by CITY shall not operate as a release of CONSULTANT from said Agreement. 7. Equal Employment Opportunity CONSULTANT shall not discriminate against any employee or applicant for employment because of race, creed, color or national origin. All employees of CONSULTANT shall be treated during employment without regard to their race., creed, color or national origin. 8. Compliance With Laws CONSULTANT shall comply with all federal, state and city laws, statutes, ordinances, rules and regulations and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the Agreement. 9. Independent Contractor CONSULTANT is acting as an independent contractor in furnishing the services or materials and performing the work required by this Agreement and is not an agent, servant or employee of CITY. 10. Indemnity CONSULTANT agrees to indemnify and save harmless CITY, its officers and employees from all costs, expenses, claims, liabilities or damages to persons or property arising out of or in any way connected with the intentional or negligent act or omission of the CONSULTANT, its officers, employees, agents, contractors, subcontractors or any officer, agent or employee thereof. 11. Insurance: _Public Liability, Workmen's Compensation CONSULTANT agrees to maintain and pay for a public liability policy naming CITY, its officers, and employees as an additional insured and insuring them against liability or financial loss resulting from injuries occurring to persons or property in or about or in connection with said work to be performed under this Agreement. Each policy of insurance shall -2- o • provide primary coverage on an occurrence basis in a company satisfactory to CITY in the following minimal amounts: personal injury, $300,000 for each person and $300,000 per occurrence; property damage, $50,000 per occurrence. Each policy shall provide that it shall not be cancelled or reduced in coverage without 30 days prior written notice to CITY. The public liability policy shall proivde (a) if CITY, its officer or employees have other insurance against loss covered by said policy, said other insurance shall be excess insurance only, (b) that CITY, its officers and employees are not precluded from claim under said policy against other insured parties. CONSULTANT agrees to comply with all state requirements relating to Workmen's Compensation Insurance and to provide the same for its employees. Nothing herein contained shall be construed to require insurance against intentional acts. CONSULTANT shall file Policies of Insurance with CITY in a form satisfactory to CITY ATTORNEY upon execution of this Agreement, evidencing said coverage and the requirements of this paragraph. 12. Errors and Omissions Insurance - Not Required Except as otherwise provided, nothing in paragraphs 10 or 11 of this Agreement shall be construed to require a CONSULTANT to obtain errors and omissions insurance coverage in favor of CITY. Nothing in this paragraph 12, however, shall diminish CONSUTANT'S liability under paragraph 10 of this Agreement, and CONSULTANT shall be free to obtain professional. errors and omissions insurance to insure himself against said liability to CITY in which event CITY shall be entitled to the benefit thereof. 13. Consultant Professional Team CONSULTANT shall provide and maintain the professional team to perform the services and furnish the materials in connection with this Agreement whose names and capacities are set forth on Exhibit D. In the event that any member of said team shall leave the employ of CONSULTANT or be transferred to another office of CONSULTANT, CONSULTANT shall so advise CITY and replace him with a new member who is competent to perform the required work and who shall be satisfactory to CITY. Such other agents or employee contractors or subcontractors not listed on Exhibit D as may be required to perform any portion of this Agreement shall be competent and shall be suitably experience in the function which they perform. 14. Notices Unless otherwise provided herein, all notices required hereunder shall be given by certified mail, postage prepaid and addressed to the party at the address indicated in the opening paragraph of this Agreement provided, however, that in lieu thereof, notice may be given by personal delivery to the party at said address. -3- • • 15. Reports Unless otherwise provided on Exhibit E, CONSULTANT shall provide CITY with 10 bound copies of CONSULTANT'S report at no additional charge to CITY. 16. Title to Documents All original calculations, photographs, maps, drawings, plans, design notes and other material or documents developed or used in connection with the performance of this Agreement shall be the property of CONSULTANT provided, however, that CONSULTANT provide CITY with legible photostatic copies. Any plans and specifications shall bear the name of CONSULTANT together with his Certificate number, if any. If CONSULTANT'S working papers or product includes computer generated statistical material CONSULTANT shall provide the material including the data base upon which it is based to CITY in a mutually agreed upon computer machine- readable format and media. 17. Assignment Neither party shall assign or sublet any portion of this Agreement without the written consent of the other party in writing. 18. Termination Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall also have the right to terminate this Agreement for any reason upon written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be compensated in proportion to the percentage of services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. 19. Entire Agreement; Amendment This writing constitutes the entire Agreement between the parties. No modification hereof shall be effective unless such modification is in by writing signed by all parties to this Agreement. 20. Miscellaneous All covenants herein shall be conditions. Time shall be of the essence. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver or the right to compel enforcement of such provision or any other-provision. The singular number shall include the plural, and the masculine gender shall include the feminine gender and neuter gender whenever the context of this Agreement permits. 21. Additional Provisions, Exhibits Additional provisions of this Agreement are set forth on Exhibit E. All Exhibits shall be attached to, signed by the parties, and -4- o • are hereby referred to and made a part hereof by reference. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. APPROVED AS TO FORM CITY ATTOR Y l ATTI APPROVED AS TO CONTENT TRANSIT MANAGER r.nNS111 TANT Note: All Exhibits must be signed by the parties in order to be an effective portion of this agreement. Exhibit A: Consultant Services Exhibit B: City Services Exhibit C: Compensation Manner and Amount Exhibit D: Professional Team Exhibit E: Reports; Additional Provisions, Time of Completion -5- o� • EXHIBIT A TASK NO. 1 - VISUAL CONDITION RATING SYSTEM - MODIFY AND INSTALL This task includes meetings with pertinent City staff, consulting time necessary to modify field rating form and manuals, and programing time to modify and install software for the street condition surveys. 1) It is planned, based on several previous meetings with City staff, that the visual condition rating (VCR) approach will be nearly identical to a system we have previously developed. 2) Consulting with City staff to assist City in determining: a) which streets to be evaluated on set schedule. b) classifications of streets. c) techniques for prioritization and project packaging. 3) Modify, install, verify and "de -bug" software for alphabetical and priority /project packaging conditon reports. It is planned that "live data" obtained by City staff will be available for verification and de- bugging of software. TASK N0. 2 - VISUAL CONDITION RATING STAFF TRAINING, FINAL VCR MANUALS RATER EVALUATIONS This task includes training classes with field trials, computer evaluation of rater proficiency, rating standard sections, finalization and publishing VCR manuals and assistance during first year ratings. 1) Consultant staff select "standard" city street sections and develop target ratings. 2) Two day (usually) rating class involving classroom and field trials. A -1 N 6 3) Evaluation of rater accuracy and proficiency by use of CHEC computer program. 4) Recap meeting to evaluate VCR rating problems (if any). 5) Issue final VRC manuals with color photographs, plastic laminated covers, 10 copies for City. 6) Supervise first year's rating being performed by City staff. 7) Based on one intensified week (5 days) of activity with meeting held concurrently and /or consecutively. TASK N0. 3 — DESIGN RELATED FIELD TESTINGAERVICES In order to provide specific designs for prioritized street projects with major distress, it is necessary to input design related data into the computer. This data is primarily pavement deflection measurements and pavement structural section data. 1) We will obtain pavement deflections using our DYNAFLECT in accordance with California Test Method 356. It is anticipated that this will require two days of testing (estimated 8 to 10 1 miles). 2) We will obtain, as necessary, pavement surfacing thicknesses, base type and /or thicknesses determinations as support data for the deflection designs of priority projects. This activity is shown as a "contingency" fee and will only be expended as necessary. 3) We will develop a Five Year Plan report based on anticipated budgets, street conditions, etc. TASK N0. 4 — PAVEMENT MANAGEMENT SOFTWARE AND INSTALLATION The following software (plus those discussed in Task 1) will be modified to fit the City methodology and written in BASIC to operate on the City Apple III CP/M hardware. The Consultant will license the City for use A -2 o � of the software, and the City will have the right to make minor modifications but may not copy, sell, trade or otherwise distribute them to third parties. Any modifications, except with regard to output format, of the programs without the consent of the Consultant voids all software warranties. Pertinent City staff members will be fully trained in the use /operation of all software. 1) Visual Condition Rating (VCR) input and output programs. 2) Street segment Prioritization and Project Packaging software. 3) Alternate feasible Rehabilitation Design and Maintenance Strategy :Section software. 4) Project Level Cost Analysis for alternate feasible rehabilitation/ maintenance designs of prioritized projects. 5) Network Budget Summary Reports based on funding programs and activities, i.e. capitol improvement program, seal coat program, etc. 6) The City will be offered enhancements and modifications to originally installed software as they are developed by Consultant. These will be licensed and installed at pre - established published fees for each enhancement/modification. 7) Verification of software performance will be based on use of "live data" obtained and.input by City staff from City streets. TASK No. 5 - ENGINEERING FINAL REPORTS In this task we will submit a final bound report that explains the findings and conclusions -from our PMS activities, the basis for decisions on rating Parameters, frequencies, etc. It will explain the assumptions for the design program, unit cost procedures in the Project Level Cost Program, etc. A -3 N Also, in this task we will provide a Five Year Plan based on estimated budgets and data from the Design and Cost programs. TASK NO. 6 - REVIEW CURRENT PRACTICES The Consultant team has an accumulated experience in pavement design, maintenance, rehabilitation and related materials research totaling over 55 years. Based on this broad base, the City requests a review of current design and maintenance practices and standards. 1) Provide an engineering report of findings based on review of VCR data obtained by City staff, interviews and performance histories of various design, maintenance and rehabilitation activities. 2) Provide recommendations for improvements of current practices and possible use of new maintenance techniques in use in other parts of the.Western U.S. 3) License the City in "subscription" to our Maintenance Practices Manual. ATTEST' SIGNATURES:. CIT) CONSULTANT CI CLERK PAP -LA GES A -4 ® • EXHIBIT B SERVICES PROVIDED BY CITY In performance of this agreegment, there are certain services which are easier or more economical if provided by the City. These are itemized as follows: 1) City shall provide selected City personnel for VCR rater training plus appropriate engineering staff for "interviews ". We will provide 48 hours minimum advance notice to any scheduled meeting. 2) City shall provide traffic control for safety during pavement deflection testing (estimated 2 days) and coring /boring (if required, estimated 2 days). 3) City will be responsible for printing costs associated with field VCR forms. Since this will be an on -going activity, we suggest use of Moore Business Forms or a similar large print supply company. 4) City will provide Consultant reasonable access to City owned computer hardware as needed for installation and verification of. software. 5) City will be responsible for providing all "live" data for evaluations, including VCR, maintenance /construction histories, As -Built files, etc. as needed for our evaluations. 6) City will be responsible for all data input into City software PMS data files. ATTES L SIGNATURES: UWA CON: CITY CLERK PAMELA 0 ES B -1 0 • EXHIBIT C r COMPENSATION MANNER AND AMOUNT For services to be rendered by Consultant as described in Exhibit A, City agrees to compensate CONSULTANT in accordance with the following provisions. A) The hourly rates for each activity are shown as follows: Consulting Engineer $70 /hour Staff Engineer $60 /hour Deflection Testing $150 /hour DYNAFLECT Travel /Calibration $60 /hour Travel Time Hourly Rate Outside Services (airfare, reproduction, etc) Cost Plus 15% Per Diem $55 /day Software Lump Sum These hourly rates are effective until February 29, 1984 at which time we anticipate an 8% (maximum) cost of living increase. B) It is estimated that the total cost for this project, as described in Exhibit A. will not exceed $37,160 dollars. This figure will not be exceeded without prior written consent of the City with total explanation from Consultant. It is anticipated that some items in specific tasks will overrun our estimate, and others will underrun; the total contract fee will be the governing item on contract fees. S C) Payment for services provided shall be due upon receipt by City of a detailed monthly invoice for work performed under this agreement. The City has the right to withhold retention of fees not to exceed 10% of the total contract amount until the final reports and verifications are approved. C =l o • D) Estimated fees and units by task (from Exhibit A) are provided in the following fee schedule breakdown. TASK 1 - Visual Condtion Rating System - Modify and Install 20 hours Consulting Engineer @ $70 /hr. $ 1,400 (1) Subtotal Task 1 $ 1,400 TASK 2 - Visual Condition Rating Staff Traininq. Final VCR Manuals 8 hours Consulting Engineer (Priority Packaging Project Review, etc.) @ $70 /hr. 560 (1) 10 days Per Diem @ $55 /day 550 (1) 5 days Per Diem @ $55 /day 275 (2) Subtotal Task 2 $119555 TASK 3 - Design Related Field Testing Services 16 hours DYNAFLECT Travel @ $60 /hr. $ 960 (2) 16 hours DYNAFLECT Testing @ $150 /hr.. 2,400 (2) 5 days Per Diem @ $55 /day 275 (2) Field Coring /Boring (Contingency) 21000 *(2) Subtotal Task 3 •$3;635 to $ 5,635 *May not be used. C -2 and Rater Evaluation 40 hours Consulting Engineer @ $70 /hr. $ 2,800 (1) 40 hours Staff Engineer @ $60 /hr. 2,400(1) 16 hours Consulting Engineer (Final Manual Revisions) 1 ( ) @ $70 /hr. 1,120 VCR Manual License (Lump sum) 1,000 (1) 10 Copies of bound Manuals @ $45 /each 450 (1) 40 hours Staff Engineer (Field Rating Superv.) @ $60 /hr. 29400 (1) 8 hours Consulting Engineer (Priority Packaging Project Review, etc.) @ $70 /hr. 560 (1) 10 days Per Diem @ $55 /day 550 (1) 5 days Per Diem @ $55 /day 275 (2) Subtotal Task 2 $119555 TASK 3 - Design Related Field Testing Services 16 hours DYNAFLECT Travel @ $60 /hr. $ 960 (2) 16 hours DYNAFLECT Testing @ $150 /hr.. 2,400 (2) 5 days Per Diem @ $55 /day 275 (2) Field Coring /Boring (Contingency) 21000 *(2) Subtotal Task 3 •$3;635 to $ 5,635 *May not be used. C -2 m TASK 4 - Pavement Management Software and Ins 40 hours Consulting Engineer (Modify, install @ $70 /hr. VCR License Priority and Project Packaging License Alternate Feasible Design and Mtc. Strategies Project Level Cost Analysis License Network Level Budget Reports License Subtotal 0 tall ation and Train) $ 21800 (1) 500 (1) 1,000 (1) License 29000 (1) 1,000 (1) 1,500 (1) Task 4 $ 82800 TASK 5 - Engineering Final Reports 60 hours Consulting Engineer (includes Engineers Report plus Five Year Plan) @ $70 /hr. 4 200 (1) Subtotal Task 5 $ 4,200 TASK 6 - Review Current Practices 16 hours Consulting Engineer (Meetings, Data Review) @ $70 /hr. $ 1,120 (3) 25 hours Consulting Engineer (Report) @ $70 /hr. 1,750 (3) Maintenance Practices Manual (Subscription /License) 13000 (3) Manual Copies 500 (3) Subtotal Task 6 $ 49370 Miscellaneous Expenditures Travel (Airfare, Car Rental, Mileage, Etc.) $ 19000 (1) Report Bindery, Etc. 200 (1) Subtotal Misc. $ 1,200 C -3 G FEE SCHEDULE SUMMARY 0 (1) Pavement Management System Installation /Training $26,880 (2) Deflection Testing /Coring /Rater Supervision $3,910 to 5,910 (3) Evaluation of Current Practices $ 49370 TOTAL $35,160 to 37,160 ATTEST: SIGNA l� CITY CL RK PAMELA 0 S C -4 PERTINENT PERSONNEL NAME Alan Curtis James N. Herriman James A. Matthews EXHIBIT D CONSULTING TEAM TITLE Co -Owner Consulting Engineer Co -Owner Consulting Engineer Branch Manager (Sacramento) Consulting Engineer • LOCATION 1666 E. Cypress Ave., #12 Redding, CA 96002 (916) 222 -2223 2975 Treat Blvd., Suite C -1 Concord, CA 94518 (415) 671 -0453 P 0 Box 61062 Sacramento, CA 95860 (916) 487 -4321 David Korycinski Staff Engineer 2975 Treat Blvd., Suite C -1 Concord, CA 94518 (415) 671 -0453 A) Professional histories of pertinent key members are included as part of this Exhibit. B) The project engineer /manager for this study will be Mr. Matthews. Mr. Herriman wi.l.l have direct responsibility for software development and installation. Mr. Curtis will be the contract administrative officer and technically assist Mr. Matthews or Mr. Herriman as needed. ATTES SIGNATU ZITJ CLERK PAMEIY VOLES • NZ %W krf CURtFM0]LIMERR➢ Ik'INI [ET14G a[EIERILMO C OMB n PROFESSIONAL HISTORY ALAN CIRTIS PRINCIPAL 9 REGISTRATION.: Civil Engineering Licenses: Calif. #23326 Washington #17782 Oregon #10045 Nevada #04983 Calif. Quality Engineer #868 EXPERIENCE: Has been involved in Pavement Management System development, overlay design research and analysis and research on new pavement materials since .1973. Asphalt concrete /pavement specialist on mix designs, performance evaluations, recycling, use of fabrics or rubber and construction techniques. Special investigations and research on condition rating systems, riding quality, bridge structure evaluations and quality assurance of concrete, aggregates and asphaltic concrete. EDUCATION: California State University at Chico, BS Civil Engineering Graduate studies in pavements at Calif. State University, San Jose AFFILIATIONS: Member: American Public Works Assoc. Officer: American Concrete Institute Member: Assoc. Asphalt Paving Technologists Member: Asphalt Recycling and Reclaiming Assoc. PUBLICATIONS: RECYCLING IS COST EFFECTIVE, Public Works 1982 1wR0v -TNG THE BRIDGE RIDE, Better Roa&s f973 Various technical research Feports—fo—rCaltrans Transportation Research Laboratory Pavement Management • Asphalt Technology • Civil Consulting // REDDING CONCORD • PORTLAND • SACRAMENTO 1666 EAST CYPRESS AVENUE, NO. 12 • REDDING, CALIFORNIA 96002 • (916) 222 -2223 0 • CUR 770§ NERRCjr\zq �/ PROFESSIONAL HISTORY JAMES N. FERRIMAN PRINCIPAL - CONCORD; CA. REGISTRATION: Civil,Engineering Licenses: California #31755 Idaho #4501 EXPERIENCE: Has an extensive background in pavement management development and related computer software development. Has developed and installed PMS software for various hardware system types. Specialist in asphalt binder materials, seal coats and .special mix designs. Research on mix properties and pavement performance. Extensive experience on commercial roof systems,.evaluations, materials and rehabilitation designs. EDUCATION: California State University, Hayward, CA., degree in Physical Science (Geology) with minor in Computer Science. AFFILIATIONS: Member: American Public Works Assoc. Officer: International Slurry Seal Assoc. Member: Asphalt Recycling and Reclaiming Assoc. Member: Assoc. of Asphalt Paving Technologists PUBLICATIONS: Various technical papers on pavement performance, asphaltic materials and use of computers for PMS. Pavement Management • Asphalt Technology Civil Consulting // REDDING CONCORD • PORTLAND • SACRAMENTO 1666 EAST CYPRESS AVENUE, NO. 12 • REDDING, CALIFORNIA 96002 • (916) 222 -2223 CCU 871121 O PROFESSIONAL HISTORY JAMES A. MATTHNS BRANCH MANAGER - SACRAMENTO, CA. REGISTRATION: Civil Engineering License: California #9677 'California Quality Engineer #519 Certified USA Quality Engineer #2686 EXPERIENCE: Joined CHEC in April 1980. RESPONSIBILITIES: Responsible for development of Pavement Management ,ystems,.pavement failure investigations and special asphaltic concrete mix problems. An expert on pavement rehabilitation and reflective cracking. PRIOR TO CHEC: Ten years as Chief Pavement Evaluation and Re a 1 itation Section for Transportation Laboratory of California Department of Transportation with responsibility involving pavement rehabilitation and reflective cracking research, skid resistance and failure investigations. Pavement expert task force to develop CALTRANS Pavement Management System. Instructor at University of California Extension program, AC Mixes, Pavement Rehabilitation and CALTRANS class on subdrainage Engineering. Four years on CALTRANS Specifications Committee for Highway Standard Specifications. Other experience includes construction inspection, project design, traffic engineering and surveying. EDUCATION: University of Southern California, B.E. in Civil Engineering Various graduate engineering courses from California State University at Sacramento. AFFILIATIONS: Member: American Society of Civil Engineers Member: American Society of Quality Control Member: American Public Works Association Member: Association of Asphalt and Paving Technologists PUBLICATIONS: Various CALTRANS Technical Research papers, Transportation Research Board Publications., and Institute of Transportation Studies of the University of California Publications. Pavement Management Asphalt Technology Civil Consulting // REDDING • CONCORD • PORTLAND • SACRAMENTO �� 1666 EAST CYPRESS AVENUE, NO. 12 • REDDING, CALIFORNIA 96002 • (916) 222 -2223 A Az 9Urn 9 a HF, R -LuKcac' �C�76G!�fE[$Pf3GGJC� C,OO G'�4G�L4Qb4i PROFESSIONAL HISTORY DAVE IORYCINSKI SPECIALIZATION: Testing and inspection of both asphalt and concrete materials. EXPERIENCE: With Testing Engineers since May 1981 (also for 10 months in 1978 -1979) as an engineering technican performing soils and concrete tests and inspections, including responsibility for certain total projects as assi.sted in the area of pavement management projects. Background includes employed as a land surveyor with Bissell and Karn (san Leandro, May 1979 to Marcn 1981). Was with Canyon Construction (Castro Valley) for 1 1/2 years as an estimator, grade checker, equipment operator (January 1977 to June 1978). Alameda County Testing Laboratory as an engineering technican who performed various tasks in accordance with Caitrans testing methods on soils, aggregate and concrete as well as field tests for compaction and concrete placement. EDUCATION: Chabot Junior College, Hayward, California, AA degree 1972. Pavement Management • Asphalt Technology • Civil Consulting // REDDING • CONCORD PORTLAND SACRAMENTO 1666 EAST CYPRESS AVENUE, NO. 12 • REDDING, CALIFORNIA 96002 • (916) 222 -2223 EXHIBIT E ADDITIONAL CONTRACT PROVISIONS A) WORK.SCHEDULE: The consultant shall place reasonable and.diligent effort to completion of this contract. B) The Consultant shall provide a project summary /status report with each invoice to discuss completed items and anticipated work in immediate future. ` ATTEST: CITY CLERK PAMELA SIG 0�.�� i /� �- // (cwt -�--� f`�`�:.,��_ �'"c�. -r-v� �v� 0 `�D RESOLUTION N0. 5265 (1983 SERIES) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF RIGHT -OF -WAY AT THE EAST CORNER OF MONTALBAN AND LEMON STREETS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon right -of -way at the east corner of Montalban and Lemon Streets as shown on the map marked "Exhibit A" attached hereto and incorporated herein by such reference, pursuant to Division 9, Part 3, Chapter 2 of the Streets and Highways Code. SECTION 2. Copies of the map and application showing the particulars of the proposed abandonment are also on file in the office of the City Clerk. SECTION 3. Tuesday, January 3, 1984, at 7:00 p.m., in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of 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 tefr (10) days before the date set for hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 6. The proceeding to be taken will be subject to reservation by the city of public right -of -way easements for utilities as shown on the map marked "Exhibit A" attached, and subject to such other conditions as the council deems appropriate. R 5265 0 Resolution No. 5265 (1983 Series) Page 2 • ' 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 seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 13th day of December , 1983. City At rney Community Development Director Citv En¢ine r i 1`Jt` / • V ice, P ' { V Q PEAR i i I - r ' PRIepO ED PROPERTY LINE r • r rAYOCADO • ' d` i ( ExlsTnin %! 0 ( // ' LEMON • I I \ • t a�\ • vl' • L PALM CITY OF SA IS FSPO PROPERTY a : \ EDGE OF PAVEMENT `PROPOSED LINE OF CURSHIBIVA \ LE M N STR T I oss w rz�SOLUTION NO. 5264 (1983Seric.., A RESOLUTION OF THE COUNCIL OF THE CITY. OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE SALVATION ARMY TO PROVIDE FIFTEEN THOUSAND DOLLARS ($15,000) FOR SERVICES PROVIDED FROM JULY 1, 1983 TO JUNE 30, 1.984. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto, and.marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and The Salvation Army. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: The Salvation.Army;... Human Relations Commission and City's Finance Director. On a motion of Councilman Dunin seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig . NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 13th. day of December , 1983• ATTEST Pam V ges, City C1 rk • R 5264 �� %�� LGc. r1 U ;�, .. • �. THIS AGREEMENT, dated July 1, 1983, for the convenience of the parties hereto, is between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and the SALVATION ARMY, a non - profit California corporation (referred to herein as "Salvation Army "). WITNESSETH: WHEREAS, the Salvation Army has requested City to contribute to EMERGENCY ASSISTANCE PROGRAM TO INCLUDE FOOD, GROCERIES, GASOLINE, TRANSPORTATION AND LODGING; said services to be available to residents of the City and the transients within the City twenty -four (24) hours per day, thereby serving both a public and a municipal purpose; NOW, THEREFORE, City and Salvation Army,.for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. Salvation Army agrees to make.its services as described below available to residents of the City and its transient population on a twenty -four (24) -hour basis for the period of July 1, 1983, to June 30, 1984. a. The purchase of groceries for residents of the City not to exceed $5.00 per person or $35.00 per family. b. The purchase of a meal voucher for transients at $4.00 per person. C. The purchase of gasoline at a maximum of $10.00 per vehicle. d. The purchase of a one -way transportation ticket with a verifiable destination no further than five (5) hours' travel time in distance. e. The purchase of lodging for individuals and families. These facilities may include participating local motels, and for women and children, the Christian Hope Center. Any services or combination of services will not exceed $50.00 per person per year. 2. Salvation army will provide City every other month with summary reports and a final report describing the type and quantity of services provided and listing funds received by the Salvation Army from other sources. Said documents shall be in the form of approved HRC reports, including line item justification and the NSS -2 form. Other reports include the date, check number, voucher number, vendor, last name of client, amount of check, and the service provided. This infor- mation will be provided to the HRC staff and will remain confidential. 3. Salvation Army and all of its agents, representatives, participants in any manner in the performance of the Salvation Army's Page 1 obligations and duties hereunder shall be employees, independent contractors, or volunteers for Salvation Army and shall not for any purposes be considered employees or agents of the City. 4. Salvation Army agrees to hold City harmless, and to defend City against, from and in any claim, action, proceeding or hearing wherein the allegation charging liability on the part of the City is a result of any act or omission, negligent or otherwise, of Salvation Army. 5. City agrees to pay the Salvation Army on a one =time -only grant the sum of Fifteen Thousand Dollars ($15,000.00), payable in six (6.) payments. 6. The City Council may sole discretion after a public notice to the Salvation Army. thirty (30) days after City ma Army agreement. Any funds not shall revert to City upon said by motion terminate this agreement at its hearing and upon ten (10) days' written Said termination shall be effective Lis notice of termination of the Salvation paid pursuant to Paragraph 5; above, termination. 7. For purposes of notice under this agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: Pamela Voges, City Clerk City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 The Salvation Army A California Corporation 30840 Hawthorne Boulevard Rancho Palos Verdes, CA 90274 P.O. Box 1407 San Luis Obispo, CA 93406 IN WITNESS WHEREOF the parties hereto have executed this Agreement by their proper officers duly authorized. CITY OF SAN LUIS OBISPO THE SALVATION ARMY A Municipal Corporation A California Corporation U 021, J Cil Clef k Page 2 By : Vice Piesdenf /` By: ,C, _ 6/ // / Secret�:ry RESOLUTION NO. 5263 (1983 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO IN SUPPORT OF RELICENSING OF HYDROELECTRIC PROJECTS TO THE PACIFIC GAS AND ELECTRIC COMPANY WHEREAS, the Pacific Gas and Electric Company (PG &E) has over the past 100 years developed a safe, reliable, and economic system of hydroelectric generating facilities dedicated to the use and benefit of its customers living throughout central and northern California; and WHEREAS, PG &E's 3.5 million customers represent an area population of almost 10 million people who now utilize and share the benefits of this power PG &E generates without the use of fossil fuels; and WHEREAS, certain of these hydroelectric facilities, consisting of projects licensed by the Federal Power Commission, now known as the Federal Energy Regulatory Commission (FERC), are subject to consideration for relicense by FERC; and WHEREAS, efforts are being made by certain municipal entities to secure for themselves nine PG &E hydroelectric power plants in projects on the Mokelumne, Feather, Stanislaus and Kings rivers through applications to FERC; efforts which, if successful, would transfer ownership and operation of these hydroelectric facilities away from PG &E and would divert the low -cost power away from PG &E's many customers; and WHEREAS, it would be directly contrary to the best interests of the citizens of the City of San Luis Obispo and to the best interests of millions of PG &E customers throughout northern and central California if FERC were to remove from PG &E's hydroelectric generating system any of the following facilities: 1. Mokelumne River Project (Project No. 137); 2. Rock Creek - Cresta Project (Project No. 1962); 3. Phoenix Project (Project No. 1061); 4. Haas -Kings Project (Project No. 1988); and WHEREAS, if any of these projects were to be transferred to the municipalities seeking them, PG &E customers would be forced to pay increased power costs for electricity from oil -or gas -fired generating facilities; and WHEREAS, the continued ownership, operating and improvement of its hydroelectric generating facilities by PG &E is essential to the public interest and to the social and economic well -being of the people of northern and central California; and WHEREAS, retention of these projects by PG &E is the only course consistent with the fullest improvement and utilization of these resources in the public interest. R 5263 Resolution No. 520 Page 2 NOW, THEREFORE, BE IT RESOLVED that San Luis Obispo hereby urges and requests Regulatory Commission promptly relicense to Pacific Gas and Electric Company, and municipal utilities seeking to take these its customers. N the City Council of the City of that the Federal Energy these hydroelectric facilities reject the applications of the projects away from PG &E and BE IT FURTHER RESOLVED, that the City Council of the City of San Luis Obispo hereby requests that all hearings concerning Pacific Gas and Electric Company's hydro- relicensing applications be conducted in the service territory of Pacific Gas and Electric Company where the projects are located and where the public they were built to serve lives and works. to: BE IT FURTHER RESOLVED, that copies of this resolution be provided MR. KENNETH F. PLUMB, secretary Federal Energy Regulatory Commission 825 North Capitol Street, S.E. Washington, D.C. 20426 with direction that copies be placed and recorded in the files for each affected project (Nos. 137, 1962, 1061 and 1988). to: BE IT FURTHER RESOLVED that copies of this resolution be provided PRESIDENT RONALD W. REAGAN THE WHITE HOUSE 1200 Pennsylvania Avenue Washington, D.C. 20013 THE HONORABLE PETE WILSON The United States Senate Washington, D.C. 20510 THE HONORABLE ALAN CRANSTON The United States Senate Washington, D. C. 20510 THE HONORABLE HERSCHEL ROSENTHAL, Chairperson Energy and Public Utilities Committee California State Senate State Capitol Sacramento, CA 95814 THE HONORABLE TERRY GOGGIN, Chairperson Natural Resources Committee California State Assembly State Capitol Sacramento, CA 95814 Resolution No. 5263 O Page 3 THE HONORABLE GWEN MOORE, Chairperson Utilities and Commerce Committee California State Assembly State Capitol Sacramento, CA 95814 THE HONORABLE LEONARD GRIMES, President California Public Utilities Commission 350 McAllister Street, Room 5026 San Francisco, CA 94102 THE HONORABLE LEON PANETTA United States Congress Washington, D.C. 20510 THE HONORABLE KENNETH MADDY California State Senate Sacramento, CA 95814 THE HONORABLE ERIC SEASTRAND California State Assembly Sacramento, CA 95814. 0 THE HONORABLE WILLIAM THOMAS United States Congress Washington, D.C. 20510 On motion of Councilman Dunin seconded by Councilman Griffin, and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 13th day of December, 1983. APPROVED: e0jJ'� City AdminisfrativA OfAjcer City A orney N FACT SHEET Hydroelectric Projects Subject to Licensing by FERC CAPACITY MUNICIPAL SYSTEMS PROJECT (Thermal Kilowatts) CHALLENGING THE LICENSE Mokelumne River Project 208,000 City of Santa Clara Rock Creek - Cresta Project 182,000 Northern California Power Agency (NCPA) *, Sacramento Municipal Utilities District (SMUD) and six Southern California cities Phoenix Project 2,000 Tuolumne Regional Water District Haas -Kings River Project 196,000 NCPA and SMUD * Members of NCPA are the cities of Alameda, Gridley, Healdsburg, Lodi, Lompoc, Palo Alto, Roseville, and the Plumas Sierra Rural Power Agency. i4l; 0 0 RESOLUTION NO. 5262(1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING THE LIST OF CITY EMPLOYEES AND COMMISSION MEMBERS REQUIRED TO FILE A CONFLICT OF INTEREST STATEMENT AND RESCINDING RESOLUTION NO. 3113 (1976 ,SERIES) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City employees listed on the attached Exhibit "A" shall be required to file a Conflict of Interest Statement with the City Clerk. SECTION 2. Members of the City commissions listed on the attached Exhibit "B" shall be required to file a Conflict of Interest Statement with the City Clerk. On motion of Councilman Dunin , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 13th day of December, R 5262 Resolution No. 5262 G83 Series) Page 2 Approved: Administrative Office DEPARTMENT POSITION TITLE DESIGNATIVE POSITIONS* Administrative Office: Assistant Administrative Officer Administrative Secretary City Attorney: City Attorney Assistant City Attorney City Clerk's Office: City Clerk Community Development Dept. Director of Community Development Chief Building Official Plan Check Engineer Building Inspector Planning Enforcement Technician Graphic Services Coordinator Finance Department: Director of Finance Accounting Supervisor /Asst. to Treasurer Financial Systems Analyst Fire Department: Fire Chief Battalion Chief (Fire Marshall) Fire Captain (Prevention) Recreation Department: Director of Recreation Personnel Department: Personnel Director Personnel Technician Secretary I (Confidential Employee) Police Department: Chief of Police Police Captains (1) Police Lieutenants (3); Technical Services Coordinator Public Works Department: Director of Public Works Administrative Assistant Utilities Engineer Transportation Manager Building and Park Superintendent Utilities :Manager Public Works Inspectors (2) Wastewater Treatment Plant Supervisor Sewer Source Control Technician City Engineer Supervising Civil Engineers (2) Engineering. Assistants (3) Engineering /Field Supervisor Transit and Contracts Coordinator *or as hereafter may be reclassified EXHIBIT "A" NOTE: City Councilmembers, Planning Commissioners and City Administrative Officer are required to file pursuant to State mandate using Form 720 and are, therefore, not shown as designated positions by the City. i 0 Persons required to file conflict of interest statement: ARCHITECTURAL REVIEW COMMISSION HOUSING AUTHORITY & Executive Director for Housing Authority EXHIBIT "B" ��0 0 RESOLUTION NO. 3113 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DESIGNATING AGENCIES OF THE CITY TO PREPARE CONFLICT OF INTEREST CODES IN ACCORDANCE WITH THE POLITICAL REFORM ACT OF 1974, DIRECTING PREPARATION OF SUCH CODES AND RESCINDING RESOLUTION NO. 3085,. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The following agencies of the City are hereby designated to prepare and adopt a conflict of interest code (CIC) in accordance with provisions of the Political Reform Act of 1974 (PRA): a. Members of the City Council b. Officials of the City: City Administrative Officer City Attorney City Clerk - Treasurer C. Department Heads: Director of Community Development Director of Public Services Director of Parks & Recreation Finance Director Fire Chief Police Chief d. Commissions and Advisory Bodies: Architectural Review Commission City,,Ho.using Authority Planning Commission Promotional Coordinating Committee ktm 8/9/76 R 3113 Resolution No. 3113 (1976 Series) 2. The above designated agencies are directed to prepare a conflict of interest code and submit it to the City Council no later than October 4, 1976. 3. Resolution No. 3085 (1976 Series) is hereby repealed. On motion of Councilman Graham seconded by Mayor Schwartz and on the following roll call vote: AYES: Councilmen Graham, Norris and Mayor Schwartz NOES: None ABSENT: Councilmen Gurnee and Petterson the foregoing Resolution was passed and adopted this 19th day of August , 1976. ATTEST: Approved as to fo: DAVIS, WENDT, MIT ELL & SINSHEIMER, City littorney ktm 8/9/76 Approved.as to content: City Administrative fficer Page 2 0 c� • RESOLUTION NO. 5261 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BEWEEN THE CITY OF SAN LUIS OBISPO AND THE COUNTIES OF MONTEREY:, SAN LUIS OBISPO, SAN MATEO, SANTA BARBARA, SANTA CRUZ; AND THE CITIES OF MORRO BAY, PISMO BEACH, SANTA BARBARA; AND THE ASSOCIATION OF MONTEREY BAY AREA GOVERNMENTS FOR EMPLOYMENT OF LEGAL COUNSEL 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 Counties of Monterey, San Luis Obispo, San Mateo, Santa Barbara, Santa Cruz; the Cities of Morro Bay, Pismo Beach, and Santa Barbara; and the Association of Monterey Bay Area Governments; 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: County of Monterey, County of San Luis Obispo, County of San Mateo, County of Santa Barbara, County of Santa Cruz, City of Morro Bay, City of Pismo Beach, City of Santa Barbara, and the Association of Monterey Bay Area Governments; and to the City Attorney and City Finance Director. On motion of Councilman Dunin , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passe adopted this 13th day of December, 1983. r \Melanie L;-. ATTEST: City erk Pamela Vog's AP&:as City Administrativ Offi r L "4/ City A torney City Finance Dir for R 5261 o • AGREEMENT FOR EMPLOYMENT OF-LEGAL COUNS THIS AGREEMENT, dated this 1st day of December, 1983 by and between the following Counties, Cities and Councils of Governments: County of MONTEREY County of SAN LUIS OBISPO County of SAN MATEO County of SANTA BARBARA County of SANTA CRUZ City of MORRO BAY City of PISMO BEACH City of SAN LUIS OBISPO City of SANTA BARBARA Association of MONTEREY BAY AREA GOVERNMENTS (AMBAG) hereinafter collectively designated "Local Governments," and Beers and Dickson, Attorneys at Law, hereinafter designated "Attorneys." W I T N E S S E T H: WHEREAS, the Secretary of the Interior has, on October 25, 1983, published a final notice of sale proposing to lease drilling rights within the Santa Maria Basin in a manner not consistent with the California Coastal Management Plan or the recommendations of affected Local Governments; and WHEREAS, the parties to this agreement believe that such actions by the Secretary of the Interior will result in serious and irreparable environmental injury, degradation of the r A.iiforni.a coastline, depredation of fish and wildlife resources, and adversely impact the economy of the counties; 01 o • WHEREAS, the State of California, on November 8, 1983 hsa instituted an action in the United States District Court for the Central District of Cailfornia, seeking to invalidate and enjoin tracts included in the proposed lease sale for the Santa Maria Basin known as Lease Sale #73; and WHEREAS, the Local Governments have, after consultation with counsel, reached the conclusion that it is advisable to intervene in the Santa Maria Basin litigation to endeavor to prevent an adverse adjudication; NOW, THEREFORE, the parties do hereby agree as follows: 1. Local Governments hereby engage Beers and Dickson to act as their attorney in connection with the lawsuit entitled "State of California, et al., v. James G. Watt et al.," United States District Court, for the Central District of California, Civil Action No. 83- 7235- CBM(BX). 2. Attorneys shall file a petition for intervention in the litigation on behalf of Local Governments and attend such hearings and take such other action as is necessary to secure the Court's permission to allow the parties to intervene. If intervention is granted, Attorneys shall file all necessary documents and make such appearances as are required or advisable. Attorneys shall also participate, on behalf of Local Goverments, in all proceedings pertaining to the request by the State for injunctive relief. .3.. Local Governments shall compensate Attorneys for such services at the rate of $90 per hour. In addition, Counties shall reimburse Attorneys for their reasonable expenses incurred 2 in connection with so litigation. Total comp (Dation for services and expenses shall not exceed $40,000.00. Attorneys shall not be obligated to provide services beyond those compensated for. 4. Attorneys compensation shall be paid by Local Governments in accordance with the Agreement for Participation in Litigation agreed to by Local Governments a,ich is incorporated herein by reference. Attorneys shall submit their bills to each Local Government herein. No individual Local Government shall be obligated to Attorneys for more than that Local Government's pro - rata sh :re of the fees and expenses specified in the above mentioned Agreement for Participation in Litigation. Any legal services rendered by Attorneys, beyond those described herein, shall be subject to specific prior approval and further agreement between the parties. 5. Attorneys shall, as part of the services to be rendered hereunder, provide, without additional compensation, periodic reports to the Local Governments who are participants in this agreement concerning the status and progress of the litigation. 6. This agreement may be executed in counterparts by each Local Government. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. BEERS AND DICKSON City of MORRO BAY 3 m County of MONTEREY County of SAN LUIS OBISPO County of SAN MATEO County of SANTA BARBARA County of SANTA CRUZ 0 City of PISMO BEACH "it o1 SAN LUIS OBISPO City of SANTK BARBARA Assoc. of MONTEREY BAY AREA GOVERNMENTS (AMBAG) o • RESOLUTION NO. 5260 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE COUNTIES OF MONTEREY, SAN LUIS OBISPO, SAN MATEO, SANTA BARBARA, SANTA CRUZ; AND THE CITIES OF MORRO BAY, PISMO BEACH, SANTA BARBARA; AND THE ASSOCIATION OF MONTEREY BAY AREA GOVERNMENTS FOR PARTICIPATION IN LITIGATION 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 Counties of Monterey, San Luis Obispo, San Mateo, Santa Barbara, Santa Cruz; the Cities of Morro Bay, Pismo Beach, and Santa Barbara; and the Association of Monterey Bay Area Governments; 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: County of Monterey, County of San Luis Obispo,- County of San Mateo, County of Santa Barbara, County of Santa Cruz, City of Morro Bay, City of Pismo Beach, City of Santa Barbara, and the Association of Monterey Bay Area Governments; and to the City Attorney and City Finance Director. On motion of 'Councilman Dunin ,seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 13thday of December, 1983. u • AGREEMENT FOR PARTICIPATION IN LITIGATION THIS AGREEMENT is made and entered into this 1st day of December, 1983 by and between the following Local Governments: County of MONTEREY County of SAN LUIS OBISPO County of SAN MATEO County of SANTA BARBARA County of SANTA CRUZ City of MORRO BAY City of PISMO BEACH City of SAN LUIS OBISPO City of SANTA BARBARA ASSOCIATION OF MONTEREY BAY AREA GOVERNMENTS W I T N E S S E T H: WHEREAS, the Secretary of the Interior has, on October 25, 1983, published a final notice of sale proposing to lease drilling rights within the Santa Maria Basin in a manner not consistent with the Cailfornia Coastal Management Plan or the recommendations of affected Local Governments; and WHEREAS, the parties to this agreement believe that such actions by the Secretary of the Interior will result in serious and irreparable environmental injury, degradation of the California coastline, depredation of fish and wildlife resources, and adversely impact the economy of the counties; WHEREAS, the State of California, on November 8, 1983 has instituted an action in the United States District Court for the Central District of California, seeking to invalidate and enjoin tracts included in the proposed lease sale for the Santa Maria basin known as Lease Sale #73; and 1 WHEREAS, tie Local Governments have, aer consultation with counsel, reached the conclusion that it is advisable to intervene in the Santa Maria Basin litigation to endeavor to prevent an adverse adjudication; NOW, THEREFORE, in furtherance of the foregoing public purposes, the parties hereto agree: 1. The parties agree to join together and intervene in the litigation entitled "State of California, et al., v. James G. Watt, et al.," United States District Court, for the Central District of California, Civil Action No. 83= 7235 -CBM. 2. In this connection, the parties agree jointly to retain the firm of Beers and Dickson to act as their legal counsel for the purpose of such intervention and related matters. 3. Counsel will be compensated in an amount not to exceed $40,000.00, including expenses, to provide comprehensive legal services in connection with intervention by the parties and participation by the parties in the proceedings for injunctive relief. 4. Each Local Government will be obligated to pay its proportionate share of the cost of said representation directly to said attorneys based on specific maximum contributions. The maximum contribution from each County shall not exceed $1,500.00. The maximum contribution from each other party shall not exceed. $500.00. 5. The agreement with legal counsel shall provide that counsel will render periodic written reports concerning the progress Of the litigation to each of the parties. 6. This agreement may be executed in counterparts by 2 each local government. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. County of MONTEREY County of SAN LUIS OBISPO County of SAN MATEO County of SANTA BARBARA County of SANTA CRUZ 3 City of MORRO BAY City of PISMO BEACH ity 'f A14 LUIS OBISPO City of SANTA BARBARA Association of MONTEREY BAY AREA GOVERNMENTS n • • RESOLUTION N0. 5259 (19E5 Series) A RESOLUTION OF THE COUNCIL OF THE CITY Or SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE , CITY AND MARTHA K. FORT 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 Martha K. Fort= 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: Martha K. Fort, BIA Chairman, City Finance Director On motion of Councilman Dunin seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None, ABSENT: Councilman Settle R 5259 • T� • O• EXHIBIT "A" BUSINESS IMPROVEMENT AREA ADMINISTRATOR . CONTRACT THIS AGREEMENT, dated _.December 13 , 1983, is by and between the City of San Luis Obispo, a chartered municipal corporation of the State of California (hereinafter sometimes referred to as "City ") and Martha R. Fort, an independent contractor (hereinafter referred to as "Administrator "). WITNESSETH: WHEREAS, City has adopted Ordinance No. 649 establishing the Downtown Parking and Business Improvement Area; and WHEREAS, the City Council has appointed an Advisory Board to advise and to make recommendations to the Council concerning the budgeting and expenditure of Area funds; and WHEREAS, the Council has approved the budget submitted by the Board for the period ending June 30, 1984; and WHEREAS, this Council finds that Martha R. Fort is qualified to act as administrator of said budget; NOW, THEREFORE, City and Martha R. Fort, for and in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. This agreement shall be in effect from December 13, 1983, through December 1:3, 1984, subject to earlier termination by either party as otherwise provided herein. 2. Administrator will perform duties as set forth in Exhibit "A" attached hereto. 3. Notwithstanding the wording of Exhibit "A" or any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Administrator, at all times covered • • by the terms of this agreement, is acting as a free and independent contractor, and not as an employee of the City. The Area Advisory Board shall provide broad general guidance, and the Administrator will be expected to use initiative and discretion in performing the details of the Administrator's work. The records required to be kept by Administrator under this agreement are solely to provide City with criteria for evaluating the over -all value of this and possible subsequent contracts, and not as details to establish performance or non - performance by Administrator. 4. .Administrator will submit a monthly report of her activities in a form and detail satisfactory to the Area Advisory Board. 5. Administrator will work no less than 1000 hours per year. 6. City agrees to pay Administrator $1,000 per month with review of work performance and salary requirements six months from date of this agreement. Payment shall be made in accordance with normal City procedures and after certification by the Chairman of the Area Advisory Board that said form is satisfactory as to form and content. 7. Administrator shall have the authority to incur obligations on behalf of the City pursuant to the authorizations contained in the Business Improvement Area.portion of the City's 1982 -83 budget. Payment of such obligations by the City shall be in accordance with normal City procedures. 8. Either party may terminate this agreement prior to its normal expiration by mailing a notice of termination by certified mail to the other party at the respective addresses as follows: City: City Clerk P. 0. Box 321 San Luis Obispo, CA 93406 Administrator: Martha K. Fort 1341 Oceanaire Drive San Luis Obispo, CA 93401 2 The contract shall be terminated thirty (30) days after the mailing of such notice, or sooner if the parties so agree.in writing. Salary due and payable on the termination date shall be calculated pro -rata based upon the calendar days in the month. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. ADMINISTRATOR Martha K. Fort CITY OF SAN LUIS OBISPO Approved as to form: YA Chairman 3 G JOB DESCRIPTION • EXHIBIT "A" San Luis Obispo Downtown BIA Administrator BASIC FUNCTION The Administrator will be responsible to the BIA Board for the implementation of its policy and effective administration of all the affairs of the Board. In this role the Administrator shall: A. Work to increase general business activities in the downtown BIA. B. Act as spokesman to implement BIA Board policy. C.. Act as a liaison between BIA Board and City government. D. Promote, stimulate and develop activities in the downtown BIA through cooperative community efforts. PRINCIPAL DUTIES The Administrator shall maintain a working knowledge of the Parking and Business Improvement Area Law of 1965, the Parking and Business Improvement Area Law of 1979, . the California Redevelopment Act, and all other laws, ordinances, and regulations which may apply to the BIA. The Administrator shall, under the direction of the Board of Directors of the BIA, work to promote and foster the downtown district as a complete business center. The Administrator shall be responsible for providing input regarding the entire BIA program, to assist the BIA Board in making responsible decisions. The Administrator shall strive to organize all members of the BIA and encourage them to participate in BIA activities, and shall use his /her best efforts to motivate BIA volunteers and staff to effectively carry out all programs adopted by the BIA Board.. The Administrator shall act as chief liaison between the BIA Board and all committees formed by the Board, and shall cause to be kept the records of the district, including a book of minutes of all meetings of the Board and shall give notices of meetings. The Administrator shall assist the Budget Committee in preparing an annual budget for the Board's consideration, and shall be responsible for classifying expenditures within the framework of the adopted budget, and shall further assist the Treasurer in preparing statements and records as may be deemed essential by the Treasurer to the smooth operation of the BIA. JOB DESCRIPTION Page 2 The Administrator shall be in charge of, and supervise, the BIA office staff and shall assist the Chairman of the Board in the preparation of all agendas, reports, newsletters, resolutions, letters or other documents as may be deemed necessary by the Chairman or the Board of Directors. The Administrator shall perform all other duties as may be assigned by the Chairman or the Board of Directors of the BIA. • RESOLUTION NO. 5258 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A MUTUAL AID AGREEMENT WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY RESCINDED BY R 5296 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION I. That certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and California Polytechnic State University for a mutual aid response between agencies including automatic aid for structure fire emergencies. This agreement will be ongoing and allows for cancellation by either party with thirty days notice. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement to California Polytechnic State University and to the Fire Chief. On motion of Councilman Dunin , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 13th day of December RESCINDED R 5258 • APPROVED: a CI Y ADMINISTFTATIVEIOFFIEk /!_ m Ago. %% • CiiC � '�� (' �� e • • ,_ I � i j . 1. 0 • RESOLUTION NO. 5257(1983 Series) RESCINDED A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING FEES AND CHARGES FOR REPRODUCING DOCUMENTS, FINGERPRINTING, AND OTHER SERVICES PROVIDED BY THE POLICE DEPARTMENT AND AUTHORIZED BY LAW.AND RESCINDING R -5008. WHEREAS, the City of San Luis Obispo is required to provide documents, fingerprinting and other services to the public; and WHEREAS, it is the intent of the City,of San Luis Obispo that charges herein shall reflect costs attributable to the expenditure of labor and the costs of materials or providina.such services; and WHEREAS, state law provides for the recovery of reasonable costs incurred by the local law enforcement agency; NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo as follows: SECTION 1. Charges for reproduction of certain documents involving reports including those specified in the California Vehicle Code. a. Minimum charges (includes first five pages). $5.00 b. Each page in excess of five. .50 each SECTION 2. Charges for providing fingerprint services. These charges do not include other fees required by the United States Government or the State of California. a. Fingerprint services. b. Each additional card over two. $5.00 1.50 SECTION 3. Charges for providing information to the public as required in Government Code Section 6254(f)(1) and (2): a. Completion of form. $10.00 b. Archival searches (two or more years) $15.00 /hour with 1 hr. min. SECTION 4. Handling charges for mail return of reproduced documents with return address stamped envelope not included (single documents). a. Document weight less than 4 oz. $1.00 b. Document weight 4 oz. or more. $3.50 RESCINDED R 5257 • • SECTION 5. Charges for duplication of photographs: a.. Black and White 1. First print from roll 4" x 5" $ 3.00 2. First print from roll V x 10" 5.00 3. Succeeding prints from same roll 4" x 5" or 8" x 10" 1.00 each 4. Proofsheet.(20 exp. or less) 4.00 5. Proofsheet (21 exp. or more) 5.00 b. Color 1. Pri.nt charges will be provided by requestor at City - selected commercial establishment. 2. Service fee per roll $ 3.00 SECTION 6. Other miscellaneous charges: a. Clearance letters $ 3.00 b. Examination.of local criminal offender Record Information (13322 PC) c. Impound vehicle release d. Record sealing pursuant to 851.8 PC (Includes fingerprint comparison fees) SECTION 7. Concealed weapons permit charges a. Fingerprint processing b. Office.' - clerical support c. Administrative costs d. Permit fee (per 12054 PC) e. Investigative expenses SECTION 8. Massage license processing charges. a. Fingerprint processing b_ Office /clerical support c. Administrative costs d. Investigative expenses 25.00 5.00 15.00 $ 5.00 10.00 11.00 3.00 68.00 Effective 30 days from date ordinance is adopted:) $ 5.00 10.00 5.75 68.00 0 0 SECTION 9. Other charges for services may be approved by an action of the City Council. SECTION 10. This Resolution supersedes other action of the City Council concerning items included in Sections 1 through 6 of this Resolution. APPROVED AS TO FORM AND CONTENT On motion of Councilman Dunin seconded by Councilman Griffin , and on the following roll call vote: AYES Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES None ABSENT Councilman Settle The foregoing Resolution was passed and adopted this December , 1983. 13th day of Approved: Polie hief cc &166411� co 6 RESOLUTION NO. 5256 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 8, 1983 WHEREAS, a General Municipal Election was held in the City of San Luis Obispo on the 8th day of November, 1983, which election was duly held and conducted in the manner provided by the Charter of the City of San Luis Obispo, and as provided by law for the purpose of electing a Mayor and two (2) City Councilmembers; and six measures (two binding and four advisory). WHEREAS, under the provisions of City Council Resolution No. 5149 (1983 Series), the Board of Supervisors was ordered to perform the official canvass of the November 8, 1983, Municipal Election pursuant to the election laws of the State of California; and WHEREAS, a statement of the results of said election has been duly entered by the City Clerk in the official records of the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: Section 1. The whole number of votes cast in said election within the City of San Luis Obispo was 8,655. Section 2. The names of the persons voted for, the office for which each person was voted for, the number of votes given at each precinct to each person and measure, are shown by the tabulation of votes, marked Exhibit "A" and attached hereto, and by this reference incorporated herein as though fully set forth. Section 3. MELANIE BILLIG, the candidate having received the highest number of votes cast at said election for the office of Mayor, is hereby declared elected to such office for the term prescribed by the City Charter. R 5256 Resolution No. 5256 O 83 Series) O Page 2 Section 4. ROBERT GRIFFIN and GLENNADEANE DOVEY, the two candidates having received the highest number of votes cast at said election for the office of City Councilmember, are and each of them is hereby declared elected to such office for the term prescribed by the City Charter. Section 5. The City Clerk is hereby directed to sign and deliver to each of said Melanie Billig, Robert Griffin and GlennaDeane Dovey a certi- ficate of election certifying to her /his election to her /his respective office, as hereinbefore set forth. Section 6. The following advisory measures having been voted on and approved by the voters are hereby approved. Measure D The City should continue programs to protect sensitive hillsides including consideration of the purchase of open space. Measure E The City should continue its commitment to the development of a library, community center and cultural facilities in or near downtown. On motion of Councilman Dunin , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 13th day of December , Resolution No.5256 083 Series) r Page 3 APPROVED: paj,-e a Administrative Offi er 0 C E R T I F I C A T E I, Pamela Voges, the City Clerk of the City of San Luis Obispo, certify that the following is the final statement of votes cast at the General Municipal Election held in the City of San Luis Obispo, California, on November 8, 1983. 1 - Number of registered voters in city 21,025 2 - Number of votes cast in city 8,655 3 - Tabulation of votes by person: For Mayor of Melanie C. Billig by Ronald Bearce 4,531 of 3,816 For Councilmember person (Exhibit "A ") Harold Pillow Robert Griffin 2.860 Mark Bailey 4,449 GlennaDeane Dovey 2,636 Scott Rosensteel 3,606 2,313 4 - Tabulation of votes by precinct (Exhibit "A ") 5 - Tabulation of votes by person (Exhibit "A ") 6 - Tabulation of absentee votes: (Exhibit "A ") Witness my hand and the seal of the City of San Luis Obispo this 28th day of November, 1983. (seal) U Pamela Voges, City'Cj rk 6 F M H S X W z 0 N F U W ..1 w a V �CH+ F W 2 W U M m O� c 0 n W ti M mg O l^I ti VMl �t Vl V1 N N m O' �0 •-� •�'I� T N .••� r -H .r N ••+ N � N N •+ N ••+ .-� N �O 1� O ✓1 O 00 �O M O M M M V N M N n T �t .•� 00 M 00 O �O ... N O v Cn V1 00 � 00 I� a0 �O .1 1� M �O M �Y N •+ CO 1� 0 M M �Y M .ti V1 M N. 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RESOLUTION NO. 5255 (1983 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING CITY POLICY AND ADOPTING AN ACTION PLAN FOR EMERGENCY HUMAN SERVICES WHEREAS, the City Council has received and accepted a report dated November 2, 1983 from the Human Relations Commission which states that some residents of the city are without adequate food or shelter; and WHEREAS, the City has received a report from the Police Department dated October 19, 1983 which states that transients without food and shelter are responsible for a disproportionate amount of all reported crime in the city; and WHEREAS, the Ministerial Association of San Luis Obispo has submitted petitions to the City,:Council expressing their concerns for the plight of the homeless;..-and WHEREAS, the City Council has received complaints and petitions from residents in the general vicinity of Mitchell Park concerning inappropriate uses and circumstances in the park; and WHEREAS, it is the policy of the City of San Luis Obispo, as set forth in the General Plan and other documents, that City parks shall be made available for basic recreational uses, including, but not necessarily limited to, playgrounds, picnic areas, ball fields and open fields for the community; and WHEREAS, the City of San Luis Obispo wishes to assist residents and visitors to the city in their pursuit of a decent life wherein adequate food is available and appropriate shelter enjoyed by all people; WHEREAS, the City of San Luis Obispo has received complaints from the business community. NOW, THEREFORE, the City Council, by this resolution, hereby adopts the following policy: R 5255 Resolution No. 52,1983 Series 0 Page 2 Section 1. The City of San Luis Obispo publicly acknowledges the plight of the homeless and those without adequate necessities of life such as food and clothing. Section 2. The City of San Luis Obispo recognizes that there is a need for well- coordinated and efficient programs to assist the homeless and others without the necessities of life to be administered by appropriate state and local agencies. Section 3. The City of San Luis Obispo declares that City public parks are not suitable or adequate locales within which the homeless may establish residence, nor within which ongoing social services or agencies shall provide direct'services. Further, that the plight of the homeless is not alleviated by allowing the establishment of.substandard living conditions in parks which do not provide adequate shelter, sanitary facilities or other necessities of life. Section 4. The City of San Luis Obispo finds that the primary responsibility for the development and implementation of a long -term solution to the problem of the homeless, the poor and the needy rests with the State of California and its respective counties. Section 5. The City hereby adopts the following action plan: A. The City will establish a task force with leaders representing a cross - section of the community to bring needed public and private resources to bear on this issue; B. The City will initiate a dialogue with the San Luis Obispo County Board of Supervisors regarding this issue and the use of State and Federal funds available; C. The City will continue to utilize grants -in -aid funds to assist social service agencies in serving individuals and families in need where such assistance is consistent with City policy; and Resolution No. 525' 1983 Series . Page 3 D. The City Council will approve an ordinance which regulates the use of City parks by limiting the hours said parks are open. On motion of Councilman Dunin , seconded by Mayor Billig , and on the following roll call vote: AYES: Councilman Dunin, Mayor Billig, Councilman Settle NOES: Councilmembers Dovey and Griffin ABSENT: None the foregoing Resolution was passed and adopted this 15th day of November . 1983. APPR6V-ED : l�l City Administrat ve officer is Ch-iefU `l HRC dntr L N c o RESOLUTION No. 5254 (1983 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL AND UPHOLDING THE ZONING HEARING OFFICER'S ACTION TO DENY USE PRMIT REQUEST TO ALLOW TEMPORARY BED AND BREAKFAST OPERATION AT 1826 CHORRO STREET (Appl. No. A97 -83 WHEREAS the Council of the City of San Luis Obispo considered the appeal by Sharon Castle and conducted a public hearing on the matter; and WHEREAS, the City Council determined that the use is of a type prohibited as a permanent use in the R -2 and other residential zones; and WHEREAS, no amendment to those regulations will become effective in the immediate future; and WHEREAS, the granting of the requested use permit would constitute a grant of special privilege to the applicant, or establish an undesirable precedent for processing of similar applications. NOW, THEREFORE, BE IT RESOLVED that the appeal of the Hearing Officer's denial of Use Permit Application No. A97 -83 is hereby denied, subject to the following finding:- 1. The proposed use is not appropriate as a temporary use in the R -2 zone. On motion of Councilwoman Dovey , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle and Mayor Billig NOES: None ABSENT: None R 5254 W Resolution No. 5254 (1983 SERIES) A97 -83 Page 2 the foregoing resolution was passed and adopted the 15th day of November 1983. L APPROVED: -PO4 0, Aiko-� City Administrati a Ofmcer City At rney i Community Developm nt Director �� o i� o e RESOLUTION NO. 5253 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR A BICYCLE LANE ACCOUNT PROJECT WITHIN THE CITY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Attachment A, and incorporated herein by reference, between the City of San Luis Obispo and the State of California, Department of Transportation, 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 two originals and one (1) copies of the executed agreement to: Mr. Austin Carlton, Department of Transportation, District 5 Office; a copy to the City Engineer and Finance Director. On motion of Councilman Griffin seconded by Councilman Settle , and on the following roll call voter AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 15th day of November , ^ 01 0 R 5253 Resolution NO. 5253 983 Series) • Page 2 APPROVED: City Administrative Officek City Atto City Engineer o • LOCAL AGENCY -STATE AGREEMENT BICYCLE LANE ACCOUNT PROJECT 05 City of San Luis Obispo District Local Agency AGREEMENT NO. 9-83 THIS AGREEMENT, made in duplicate this 15th day of November , 19 83 , by and between the City of San Luis Obispo a political subdivision of the State of California hereinafter referred to as "LOCAL AGENCY" and the State of California, acting by and through the Department of Transpor- tation, hereinafter referred to as "STATE." WITNESSETH: WHEREAS, under the provisions of Section 2106(b) and Sections 2370 through 2392 of the Streets and Highways Code, as implemented by regulations in Title 21, Chapter 2, Subchapter 10 of the California Administrative Code, funds have been allocated to LOCAL AGENCY for the construction of a Bicycle Lane Account project selected by LOCAL AGENCY and described in EXHIBIT A attached hereto; and WHEREAS, under provisions of the California Administrative Code, STATE is required to enter into an agreement with LOCAL AGENCY relative to design standards, the handling and accounting of funds, time for completion and all other phases of the project, THEREFORE, the parties agree as follows:. ARTICLE I - Project Administration 1. The.project or projects described in Exhibit A, hereinafter referred to as "the project ", shall be constructed as provided in this agreement and in accordance with the laws applicable to LOCAL AGENCY. In the event of a conflict, the terms of this agreement shall prevail. 2. Except as_ provided herein application of construction shall be performed by contract. Striping, app pavement markings and signing may be performed by LOCAL AGENCY forces. LOCAL AGENCY shall prepare all documents necessary for advertising, advertise, and award and administer the contract including inspection of work performed and payments to the contractor as the same become due. 3. Prior to advertising, LOCAL AGENCY shall prepare.a complete set of contract plans and submit same to STATE for approval. Such plans shall conform to the minimum safety design criteria and uniform specifications and symbols for signs, markers, and traffic control devices established by STATE. 0 • 4. The estimated costs of the project are as shown in Exhibit A. LOCAL AGENCY may, at its option, award contracts for amounts in excess of said estimates, and final project expenditures may exceed said estimates if sufficient local funds are available to finance the excess. It is understood, however, that the allocation of Bicycle Lane Account funds will not exceed that shown for each item in Exhibit A. 5. In the event the final costs of the project are less than said estimate by reason of low bid or otherwise, the allocation of Bicycle Lane Account funds will be decreased in relationship to the percent funded by Bicycle Lane Account. 6. STATE shall pay to the LOCAL AGENCY, within forty -five (45) days of receipt . of a final accounting of actual project costs and a written request for payment, the Bicycle Lane Account share of the actual cost of the project. 7. "All costs charged to this agreement by LOCAL AGENCY shall be supported by properly executed payrolls, time records, invoices and vouchers, evidencing in proper detail the nature and propriety of the charges, and shall be costs allowable under the California Bikeways Act." 8. STATE may, at its option declare this agreement void if a contract for construction of the project has not been awarded by LOCAL AGENCY on or before December 31 of the calendar year in which the allocation of funds for the project is made. 9. If the project is a cooperative project and includes work on a state highway, it shall be the subject of a separate cooperative agreement between the STATE and LOCAL AGENCY. 10. The Legislature of the State of California, and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with State funds. LOCAL AGENCY shall ensure that work performed under this agreement is done in conformance with the rules and regulations embodying such requirements where they are applicable. Any agreement or service contract entered into by LOCAL AGENCY for performance of work connected with the.project shall incorporate Exhibit B attached hereto. ARTICLE II - Rights -of -Way 1. Such rights -of -way as are necessary for the construction of the project shall be furnished by LOCAL.AGENCY. Right -of -way costs may be included as an eligible item of total costs. 2. LOCAL AGENCY agrees to hold State harmless from any liability which may result in the event the right -of -way is not clear prior to award of contract. The furnishing of rights -of -way as provided for herein includes in addition to all real property required for the improvement, free and clear of obstruction and encumbrances, the payment of damages to real property not actually taken but injuriously affected by the proposed improvement. LOCAL AGENCY shall pay from its own funds any costs which arise out of delays to the contractor because utility facilities have not been removed or relocated, or because rights -of -way have not been made available to the contractor for the orderly prosecution of the work. -2- • • 3. Should LOCAL AGENCY, in acquiring right of way for the project, displace an individual, family, business, farm operation, or nonprofit organization, relocation payments and services will be provided in compliance with the appli- cable State laws. The public will be adequately informed of the relocation payments and services will be provided in compliance with the applicable State laws. The public will be adequately informed of the relocation payments and services which will be available and to the greatest extent practicable no person lawfully occupying real property shall be required to move from his dwelling or to move his business or farm operation without at least 90 days written notice from LOCAL AGENCY. ARTICLE III - Engineering 1. "Preliminary engineering" as used herein includes all preliminary work related to the project, including but not restricted to preliminary surveys and reports, laboratory work, soil investigations, preparation of plans, designs, and advertising. "Construction engineering" as used.herein includes actual inspection and supervision of construction work, construction staking, laboratory and field testing, field reports and records., estimates, final reports, and allowable expenses of employees engaged in such activities. 2. Preliminary and construction engineering costs included in the estimate contained in Exhibit A are eligible project costs. STATE reimbursement to LOCAL AGENCY will be on the basis of the actual cost thereof to LOCAL AGENCY including compensation and expense, of personnel working on the project, required materials, and automotive expense provided, however, that LOCAL AGENCY shall contribute its general administrative and overhead expense. ARTICLE IV - Miscellaneous Provisions 1. If STATE i.s named as a defendant in any suit arising from the construction, maintenance or operation of the project, LOCAL AGENCY will, at request of STATE, assume full responsibility for the conduct of the defense or will provide such assistance as STATE will require, and will pay any judgements issued against STATE and all costs in connection with the defense. STATE reserves the right to represent itself in any litigation in which STATE'S interests are at stake. 2. LOCAL AGENCY shall maintain an accurate and detailed record of costs for this project. Such records shall be retained and made available.to STATE'S auditors for examination for a minimum period of three years from date of final payment of expenditures from Bicycle Lane Account. 3. Upon acceptance of the completed project by the awarding authority, or upon the contractor's being relieved of the duty of maintaining and protecting certain portions of the work LOCAL AGENCY shall assume responsibility for main- taining the project. 4. Minor changes may be made in the project as described in Exhibit A upon notice to STATE. No major change, however, may be made in said project except pursuant to an amendment to this agreement duly executed by STATE and LOCAL AGENCY. - 3 - IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation G. L. Russell, Chief Division of Facities Co st By % Robert 0. Watkins, Chief Office of Local Assistance Approval Recommended: Cit of San Luis Oh�po LO AL G NCY ' ion Title r4 anie C. Billig, P?ayor Date Attest. itle: Pam ges, City Clerk Distric`t'Direc.tor of Transportation 4 EXHIBIT A 1 Local Agency: City of San Luis Obispo Agreement No. 9 -83 ARTICLE V - Project Location and Description of Work Proposed: Location: Various Description of Work: Install inductive.detector loops in the bike lane at various locations where there are existing bike lanes at actuated signal systems. Net Length: N/A ARTICLE VI - Proposed Project Funding: Cost: Preliminary onstructio Construction Engineering gineerin (By Contract) 4,160 32,000 Financing: Preliminary Cons ction Construction Engineering Engin ering (By Contract) Signing Striping Local Agency 935 7,195 Bicycle Lane Account 3,225 Percent Funding by Bicycle Lane Account 77.51 % 24,805 Total 36,160 Total 8,130 28,030 C EXHIBIT 13 FAIR EMPLOYMENT AND HOUSING ACT ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of race, sex, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, with- out regard to their race, sex, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the follow- ing: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenti- ceship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State or local agency setting forth the provisions of this Fair Employment and Housing section. 2. The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data. and records by the State Fair Employment and Housing Commission, or any other agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment and Housing section of this contract. 3. Remedies for Willful Violation: (a) The State or local agency may determine a willful violation of the Fair Employment and Housing provision to have occurred upon receipt of a final judgement having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it.has in- vestigated and determined that the Contractor has violated the Fair Employment and Housing Act and has issued an order or obtained an injunction under Government Code Sections 12900, et.seq. (b) For willful violation of this Fair Employment and Housing provision, the State or local agency shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State or local agency in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his surety under the performance bond, if any, and the State or local agency may deduct from any moneys due or that there- after may become due to the Contractor, the difference between the price named in the contract and the actual cost thereof to the State or local agency. • o RESOLUTION NO. 5252 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING THAT EXPOSED SEWER LINE IN THE CREEK AND UPON THE PREMISES AT 546 HIGUERA STREET MAY CONSTITUTE A PUBLIC NUISANCE, AND ORDERING A PUBLIC HEARING CONCERNING SAME AND THE ABATEMENT THEREOF. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council finds that the exposed sewer line in the creek upon the real property generally described as 546 Higuera Street, and more particu- larly described as a portion of Block 61 of Old Town, and shown as Assessor's Parcel No. 2- 402 -30 in the County of San Luis Obispo, may constitute a public nuisance. 2. This Council intends to hold a public hearing in the Council Chambers at 7:00 P.M. on December 13,1983, to ascertain whether said exposed sewer line constitutes a public nuisance which may be abated. 3. The facts forming the basis for the hearing are that the exposed sewer line (1) constitutes an obstruction and a hazard to the free flow of water in a stream during periods of high water, and (2) said pipe has twice broken during flood stage, thereby dumping raw sewage into the stream and endangering the public health, safety and welfare. 4. The possible methods of abatement are to remove the exposed line from the creek and to provide connections to the City's sewer lines through piping placed below ground level. 5. The City Clerk is directed to comply with the provisions of Muni- cipal Code Section 4400.4, 4400.5 and 4400.6 concerning the posting and serving of Notice of Public Hearing. On motion of Councilman . Griffin , seconded by Councilman Settle and on the following roll call vote: R 5252 Q Q Resolution No. 5252 (1983 Series) Page 2. AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 15th day of November 1983. ATTEST: v City Clerk Pam la V 0 es 0.� City Administrative Officer City A E rney Public Works Director ig a N .`i 0 RESOLUTION NO. 5251 0 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND MDW ASSOCIATES FOR BUS TERMINAL EIR 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 MDW Associates of San Luis Obispo, California, 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: On motion of Councilman Griffin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Do-Vey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 15th day of November 1983. ATTES Cit Clerk Pamela g City ina Director R 5251 o • CONSULTANT'S SERVICES AGREEMENT This agreement, made this 2nd day of November, 1983, by and between the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City "), and MDW ASSOCIATES, of San Luis Obispo, California (hereinafter referred to as "Consultant "). WITNESSETH: WHEREAS, City desires to retain certain environmental and site evaluation services in conjunction with the selection of a downtown transit terminal site. The services being provided by this consultant under this contract are environmental assessment, evaluation of alternatives and cost feasibility analysis; and WHEREAS, City desires to engage Consultant to provide these services by reason of its qualifications and experience for performing such services, and Consultant has offered to provide the required services on the terms and in the manner set forther herein; NOW, THEREFORE, in consideration of their mutual convenants, the parties hereto agree as follows: 1. PROJECT COORDINATION a. City. The Community Development Director shall be the representative of the City for all purposes under this agreement. The director, or his designated representative hereby is designated as the Project Manager for the City. He shall supervise the progress and execution of this agreement. b. Consultant. Consultant shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement °-for - Consultant. John B. Ashbaugh, hereby is designated as the " Project Manager for Consultant. Should circumstances or conditions subsequent to the execution of this agreement require a substitute. Project Manager for any reason, the Project Manager designee shall be subject to the prior written acceptance and approval of the director: 1 C 0 2. DUTIES OF CONSULTANT a. Services to be furnished. Consultant shall provide all specified services as set forth in Workscope - Exhibit "A" attached hereto and incorporated herein by this reference. b. Laws to be observed. Consultant shall: (1) Procure all permits and licenses, pay all charge and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by Consultant under this agreement; (2) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any. materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. c. Release of reports and information. Any reports, information, data, or other material given to, or prepared or assembled by, Consultant under this agreement shall be the property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's Project Manager. d. Copies of reports and information. If City requests additional copies of reports, drawings, specifications, or any other 'material in addition to what the Consultant is required to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consultant's direct expense. 2 C • e. Qualifications of Consultant. Consultant represents that it is qualified to furnish the services described under this agreement. 3. DUTIES OF CITY. City agrees to cooperate with Consultant and to perform that work described in Exhibit "B" attached hereto and incorporated by this reference. 4. PRODUCTION TIME SCHEDULE All materials shall be produced, delivered, and distributed in accordance with the production time schedule - Exhibit "C" attached and incorporated by reference, unless revisions to the schedule are approved by the City's Project Manager. 5. COMPENSATION City will pay consultant upon receipt of materials and according to pay schedule attached as Exhibit "D" and incorporated herein by reference. 6. TEMPORARY SUSPENSION The City Project Manager shall have the authority to suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or_to the failure on the part of Consultant to perform any provision of this agreement. Consultant will be paid the compensation due and payable to the date of temporary suspension. 7. SUSPENSION; TERMINATION a. Right to suspend or terminate. The City retains the right to terminate this agreement for any reason by notifying Consultant in writing seven days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Consultant, City shall be obligated to compensate Rl Consultant only for that portion of Consultant services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Consultant and should they fail to agree, then an independent arbitrator is to be appointed and his decision shall be binding Upon the parties. b. Return of materials. Upon such termination, Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and other'data, whether or not completed, prepared by Consultant, and for which Consultant has received reasonable compensation, or given to Consultant in connection with this agreement. Such materials shall become the permanent property of City. Consultant,. however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. 8. INSPECTION Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance, with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its agreement as prescribed. 9. OWNERSHIP OF MATERIALS All original drawings, plans, documents and other materials prepared by or in possession of Consultant pursuant to this agreement shall become the permanent property of the City, and shall be delivered to the City upon demand. 10. INDEPENDENT JUDGMENT Failure of City to agree; with Consultant's independent findings, conclusions, or recommendations,, if the same are called for under this agreement, on the basis of differences in matters of judgment shall not be construed as a failure on the. part of Consultant to meet the requirements of this agreement. 4 0 • 11. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES This agreement is for the performance of professional consulting environmental assessment services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ other specialists to perform special services as required with prior approval by the City. 12. NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows: To City: Community Development Department City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 To Consultant: MDW Associates 979 Osos Street, Suite C San Luis Obispo, CA 93401 13. INTEREST OF CONSULTANT Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder, Consultant shall at all times be deemed an independent contractor and not an agent or employee of City. 14. INDEMNITY Consultant hereby agrees to indemnify and save harmless City, its officers, agents and employees of and from: 5 1 • (1) Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; (2) Any and all damage to or destruction of the property of City, its officers, agents, or employees occupied or used by or in the care, custody, or control of Consultant, or in proximity to the site of Consultant's work, caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; (3) Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Consultant under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; (4) Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Consultant under this agreement; and (5) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Consultant.. Consultant, at its own costs, expense, and risk, shall defend any and all suits., actions, or other legal proceedings that may be brought or employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action, or other legal proceding, when same were due to negligence of the Consultant. 15. WORKERS COMPENSATION Consultant certifies that it is aware of the provisions of the Labor V Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self- insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 16. INSURANCE At the request of the City, Consultant shall provide proof of comprehensive general liability insurance ($500,000) (including automobile) and professional liability insurance ($250,000) satisfactory to the City. 17. AGREEMENT BINDING The terms, convenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 18. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 19. COSTS AND.ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 20. DISCRIMINATION No discrimination shall be made in the employment of persons under N this agreement because of the race, color, national origin, ancestry, religion or sex of such person. If Consultant is found in violation of the nondiscrimination Provisions. of the State of California Fair Employment. Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Twenty -five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the .State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If Consultant is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, Consultant shall be found in material breach of the agreement. Thereupon, City shall have the power to cancel or suspend.this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Two Hundred Fifty Dollars- ($250) for each calendar day during which Consultant is found to have been in such noncompliance as damages for said breach of contract, or both. 21. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and consultant. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. 0 • i IN WITNESS WHEREOF, City and Consultant have executed this agreement the day and year first above written. ATTEST: Pamel#' Voges, City C1 k Dated: MDW ASSOCIATES By Andrew G. Merriam, AIA, AICP Principal By OF SAN LUIS OBISPO lanle Villig, Mayor 9 EXHIBITS Exhibit "A "- Workscope Exhibit "B "- Duties of the City Exhibit "C "- Production Time Schedule Exhibit "D "- Cost of Production and Pay Schedule l; Exhibit "A" - Workscope UNDERSTANDING THE PROBLEM • ni clu the present location of the City's downtown bus terminal is unsatisfactory rpr several reasons: It has insufficient room for the projected peak number pf busses needing to use the terminal; pedestrians must cross a busy street 14) make connections, resulting in safety hazards; restrooms in City Hall are 11pt available to riders during weekends; and sight distances are obscured by 1,psses for vehicles stopped on Osos Street as well as those wishing to p(Iress from the City Hall parking lot. Moreover, the City wishes to in- 1.rease the proximity of the bus terminal to downtown shopping areas if 11pssible: the present terminal is 800' from Mission Plaza and over 1000 rrom the corner of Higuera and Chorro. t, udies of alternative sites for the bus terminal have been conducted by (1) t1.0 -COG and the City, and the list of candidate sites has now been narrowed 1.1) nine. The purpose of the focused EIR at this point is to assess the pnvironmental effects and feasibility of these nine sites, and to identify Any other feasible alternatives which should be considered prior to further 114jrsuit of funding for the project. As such, the EIR is intended to be a i!pconnaissance- level document probing the advantages and disadvantages of ppch of the 9+ sites, and presenting its findings in a comprehensive but p4sily- understood format. plir proposal responds to this need by: -- Concentrating our study of alternatives at the front end of the pro- cess. Here we will attempt to identify any other feasible terminal alternatives - -or combinations of alternatives - -not previously con- sidered by the City or SLO -COG.. -- Establishing at the outset 'of the environmental analysis a set of evaluation criteria to be used in comparing the advantages and dis- advantages of each site. Wherever possible, these criteria will be quantitative in nature, even. though we must recognize that the final decision may ultimately depend upon qualitative °value judgments" by individual decision - makers. We will prepare a separate cost /feasi- bility assessment for each site which will follow the environmental analysis. The EIR will include a summary section at the beginning of the report which combines the results and major findings of each section, comparing environmental.impacts and feasiblity /cost data for each site and allowing easy identification by decision- makers of the advantages and disadvantages of each site. -- Emphasizing the multiple-use opportunities at those sites where air- space above the terminal might feasibly be used for creative public or private uses. In addition, the MDW approach will consider any beneficial as well as adverse effects of the bus terminal- -after aTTie n81 rider survey by the Department of Public Works found that the primary purpose of riders going downtown was for shopping. (1) The nine sites are as defined in the City Request for Proposal(including supplementary reports) dated October 5, 1983 and distributed by the San Luis Obispo Community Development Department. Exhibit "A" - Workscope (continued) TECHNICAL APPROACH AND SCOPE OF WORK • ndu The Focussed EIR on the City's Bus Terminal will include a Project Descrip- tion which will include presentation of each of the original 9 alternatives, a separate discussion of Additional Alternatives, the Environmental Analy- sis, and a Cost /Feasiblity Assessment. A Summary Section will be written at the end of the process and printed at the front of the report. These five sections, and the methods proposed to be used by MDW in preparing them, are described below. Task 1: Project Description 1.1 Photographs of the existing terminal will be taken, and aerial photos of the downtown will be prepared; these photos will be used in combination with site schematic drawings to illustrate the problems with the existing terminal. 1.2 The proposed bus terminal will be described in concept, in consul- tation with Public. Works and Community Development Department staff, and using the site design criteria in the SLO -COG report. 1.3 A program of improvements related to the bus terminal will be gen- erated, including such items as the restrooms, drivers' lounge, sheltered waiting area, information kiosk /stand, etc. 1.4 The nine original candidate sites will be presented in summary form, using the material generated in the July 1982 SLO -COG re- port. Improved photographs of the sites will be provided using screened black- and -white 3 -5 prints. The sketch maps will be touched up (or generated by MDW where not provided by SLO -COG). 1..5 The narrative description of the project and the 9 sites will be typed and necessary graphics prepared, and this preliminary report will be checked with ,City staff prior to initiating work on the next sections, the Additional Alternatives and Environmental Ana- lysis. Task 2: Additional Alternatives 2.1 Using the conceptual description of a bus terminal in Task 1 above, a block -by- block survey will be made of the CBD to deter- mine whether any other feasible site had been overlooked in the original COG study (July 1982). Where another candidate is iden- tified, a preliminary sketch diagram will be prepared illustrating how it could be utilized. 2.2 A preliminary investigation will be conducted of the design feasi- bility of combining parts of Sites 7 and 8 (the Chocolate Soup Parking Lot and the ECOSLO lot). A sketch diagram will be pre- pared illustrating the concept of A linear, mid -block terminal with 1 -way access from Osos through to Morro Streets, opposite the entrance to the proposed Community Parking.Structure. Access from Exhibit "A "- Workscope (continued) ni du Palm Street through to Copelands and the Vintage Properties build- ings would need to be maintained. 2.3 Results of Steps 2.1 and 2.2 will be discussed with appropriate City staff. If this investigation demonstrates the physical abil- ity of any site to meet the identified criteria, it will be added to the list for further study in Tasks 3 and 4. Task 3: Environmental Analysis 3.1 Establish Evaluation Criteria: The City has requested that the impact analysis include consideration of land use (including its construction impacts and operational effects on noise, air qual- ity, aesthetics, and public amenities), and circulation impacts. Our approach will be to define a set of evaluation criteria for each of these issues at the outset of the analysis by which a "significant effect" can be defined. Wherever possible, these criteria will be quantitative in nature. 3.2 Land User Each of the 9+ sites will be visited and field notes to en on surrounding land uses. These notes will be used to cre- ate suitable maps and a narrative description of the land uses likely to be affected by the terminal at each site. Where it is known with some certainty that surrounding uses are likely to change in the near future, the nature of the anticipated new use will be described. Ambient noise levels will be obtained for several "spot" samples through field monitoring during morning or afternoon peak traffic periods. No CO monitoring will be conduct- ed, however a qualitative assessment will be provided as to the existence of any unusual air quality considerations in the site vicinity (e.g. an intersection already at or below LOS "D "). 3.2.1 Construction Impacts: Disruption of the nearby land uses due to construction impacts will be assessed through identifica- tion of the degree of needed terrain modification; temporary street or sidewalk closures; utility construction (water, sewer, . telephone, etc.); or demolition. 3.2.2 Operational Impacts: This analysis will assume a "worst - case° situation (for example, ten busses converging within a given span of time and idling their engines while waiting). Working with Dr. Harold Cota of Cal Poly, increases in ambient noise lev- els will be estimated based on the existing mix of engines, at up to three distance levels (noise contours) for each of the nine sites. Increases in CO concentrations will be estimated and iso- pleths drawn using the "CALINE -3" model at Cal Poly.. Finally, changes in visual qualities will be evaluated including effects on important sight lines (e.g. Mission Plaza); shading; changes in scale; or the introduction of large vehicles into settings which are used by high densities of pedestrians, children, or the elder- ly. Exhibit- "A" - Workscope (continued) 3.3 Circulation: The City's traffic count data will be analyzed. The consultant will also review the 1981 survey of transit riders to ascertain preferences among downtown destinations. The following steps will be taken to assess circulation impacts: 3.3.1 Congestion: The Level of Service of street segments af- fected by each terminal site will be determined based on existing or new traffic count data, street widths, and the Highway Capacity Manual. Where significantly more bus traffic will be added to a street segment by development of the terminal at peak hours, the effect on Level of Service will be determined. 3.3.2 Traffic Flows: Where the terminal site would involve changes to an existing street's traffic flow (e.g. 2 -way to 1 -way, outright closure, etc.), the effects of this change in traffic flow will be traced through to other streets and the effects on those streets Level of Service will be determined. Where these streets are predominantly residential (if any), effects on the residents' "Quality of Life" will be assessed using the standards in the 1975 Regional Transportation Plan EIR. 3.3.3 Intersections: Effects of the terminal on nearby intersec- tions will be estimated by evaluating sight distances, turning radii needed for the busses, and grades. The busses are not anti- cipated to have an adverse effect on Level of Service of any intersection. 3.3.4 Transit Service: Most of the terminal sites would require some adjustment to transit routes. It is known that the City's two southern bus routes (S. Higuera and Madonna Road) have diffi- culty with the current location maintaining a 30- minute loop (at least during peak hours), whereas the Poly loop apparently has little surplus time. Therefore a site which is slightly more accessible to the southern routes may have some advantages even though it would require adjustment of the routes. Proximity of the sites to the center of the shopping area of the City (presum- ably Chorro & Higuera) will be measured in walking distance using a tracking wheel. Effects of the increased pedestrian traffic will be assessed by measuring widths for all sidewalks used in this distance assessment; any sidewalks less than 4' in width will be identified as deficient. 3.3.5 Parking: This is a key consideration in evaluation of the sites. The SLO -COG report already estimated the number of parking spaces removed for each original site._ This data will be reviewed and supplemented for any additional alternative. 0 Exhibit "A" - Workscope (continued) Task 4: Cost /Feasibility Analysis cl u For each of the 9+ sites, MOW will provide preliminary cost estimates for the following aspects of development of the terminal: 4.1 Appraisal and Acquisition Cost: Although no appraiser will be in- cluded with the MOW team, we will consult with 1 =2 MAI appraisers to obtain estimates for a competent appraisal of each site. In order to obtain preliminary land cost data (Sites 3, 7, 8 only), MOW will consult City files on the Parking Structure, on the ECOSLO site sale proceedings, and /or other sources - -Site 8 already has an estimated acquisition cost of $190,000, and Site 3 a com- bined acquisition /remodeling cost of $500,000. 4.2 Construction /remodeling Cost: The need for additional curbs, re- taining walls, paving," utilities, structures, signage, and other items will be reviewed for each site and cost estimates will be provided. These estimates will be provided based upon the 1983 -84 Salyers with regional multipliers for this area, or other data now known to MOW through its experience with local contractors. 4.3 Additional Costs: Design, engineering, and legal costs - -as well as costs for new replacement parking - -will be estimated based upon the specific characteristics of each site (including the findings of Tasks 4.1 and 4.2). Task 5: Summary_C.omp.arison _ of_Alternatives 5.1 Summary Matrix and Discussion: The findings of Tasks 3 and 4 will .6-e-sum.marized in narrative form as well as through preparation of a simple matrix which compares each of the sites environmental impacts and costs on a single page. 5.2 Optional Weighting System: If desired by the City, the summary cold include discussion of a weighting system for each of the identified evaluation criteria. The consultants could supply a preliminary weighting system with the screencheck draft, or alter - natively a space could be left and the summary could be structured in a "workbook" fashion to allow the reader to supply his /her own weighting system. We have found that weighting systems are impor- tant and valuable tools for focussing discussion on alternative ways of evaluating raw data, and we would highly recommend its use. This step is entirely optional, however. 5.3 References, etc.: In any EIR, it is vitally important that the consultant review all pertinent documents and that relevant por- tions of these earlier studies be incorporated by reference where appropriate.. For this EIR, we would anticipate reviewing the City's Circulation Element, the EIR on the Parking Structure, the 1981 Transit Riders Survey, and other downtown project files. A separate section will be included identifying these earlier stud- ies and their use. in the Terminal EIR, where utilized. a a EXHIBIT B - DUTIES OF THE CITY In accordance with provisions of this agreement, City will provide the following services: 1. Make available copies of published reports,stijd(es or other written materials that may assist Consultant in preparing the Transit Terminal Draft and Final EIR. 2. Make available copies of maps, aerial photographs or other graphic materials to Consultant or agree to loan consultant original graphic materials (map mylars etc.) for the purpose of assisting in the preparation of the Transit Terminal EIR. 3. Upon reguest by Consultant, conduct supplementary 24 -hour traffic counts at pertinant locations in the central city area. o EXHIBIT C - PRODUCTION TIME SCHEDULE The following production time schedule shall be adhered to by Consultant: 1. Completion and Submittal of 5 copies of the Administrative Draft EIR within 30 working days from the date City signs this agreement. 2. Delivery of "Camera Ready" draft EIR to City within 10 working days after receiving all city staff comments on the content of the Administrative EIR (see item fi'l above). 3. Delivery of written response to comments in a format acceptable to the City Project Manager within 10 working days of receiving all written comments and a transcript of the proceedings of public meetings which summarize oral comments. EXHIBIT D - COST OF PRODUCTION AND PAY SCHEDULE I. Project Start Up (20% of total contract amount) _ $2,553.00 2. Completion and Delivery of Administrative Draft EIR (5 copies)(30% of total contract amount) _ $3,829.50 3. Submittal of the "Camera Ready" Draft EIR = $2,553.00 to the Department for publication (20% of total contract amount) 4. Submittal of Written Response to comments in = $2,553.00 Administrative Draft form in a format acceptable to the City Project Manager (20% of Total Contract amount.) 5. Submittal of "Camera Ready" Final EIR to Department= $1,276.50 for publication incorporating all corrections and required additional information. (10% of Contract) TOTAL CONTRACT AMOUNT NOT TO EXCEED $12,765.00' * Total cost includes consultant arrendancee at one public meeting to present the findings of the EIR and answer questions. Resolution No. 5250 (1983 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING UPON THE CALIFORNIA STATE LEGISLATURE TO ESTABLISH LONG -TERM, PERMANENT FINANCING FOR CALIFORNIA MUNICIPALITIES WHEREAS, the City of San Luis Obispo finds that recent reductions in state subventions threaten basic public services in the city; and WHEREAS, for more than five years solutions to local government financing have been delayed, ignored, and postponed; and WHEREAS, the need for permanent financing of local governments in California has reached a crisis; and WHEREAS, the present system of local government financing is both irrational and uncertain; and WHEREAS, the Governor's Task Force on State.and'Local Government has issued a very constructive interim report regarding long -term financing of California municipalities; and WHEREAS, the City of San Luis Obispo agrees with the League of California Cities and with those members of the California State Legislature who believe that the upcoming 1984 legislative session is the appropriate time for the Legislature to act on this important matter; NOW,. THEREFORE, the City of San Luis Obispo hereby resolves: Section 1. That the Assembly Committee on Local Government is urged to recommend that: a. The A.B. 8 deflator be permanently repealed; b. Subvention reduction formulas should be removed from the state statutes; and c. A stable revenue source for municipalities is a basic requirement and must include provisions which will maintain the existing tax base of municipalities; specifically, revenue sources to fund local governments; and guarantee these revenue sources by a constitutional amendment. Section 2. A copy of this resolution will be sent to the League of California Cities, the Chairman of the Assembly Committee on Local Government, Assemblyman Eric Seastrand, and Senator Ken Maddy. R 5250 Resolution No. 5250 (1983 Series) 3 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 adopted the fifteenth day of November, 1983. ATTEST: iy Clerk amel o es Finance i C ctor La-,s.ac4.s-, City Administrative Pfficel Page 2 9