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RESOLUTION NO. 6474 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO DECLARING THE RESULTS
OF THE GENERAL MUNICIPAL ELECTION
HELD TUESDAY, JUNE 7, 1988
WHEREAS, a Special Municipal Election was held in the City of San Luis
Obispo on the 7th day of June, 1988, 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 voting on the adoption
of two propositions; and
WHEREAS, under the provisions of City Council Resolution No. 6401
(1988 Series), the Board of Supervisors was authorized to perform the
official canvass of the June 7, 1988, Special 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 12,088.
SECTION 2. The titles of the measures voted for, the number of votes
given at each precinct for each measure are shown by the tabulation of
votes, marked Exhibit "A" and attached hereto, and by this reference
incorporated,herein as though full set forth.
SECTION 3. MEASURE D, the measure having received the highest number
of votes cast at said election for Mobilehome Rent Regulations.
On motion of Councilman Settle, seconded by Councilwoman Rappa
and on the following roll call votes:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 2nd of August
1988.
R6474
Resolution No. 6474 x"1988 Series)
Page 2
Approved By:
CITY ADMINISTRA OR .OFFICER
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CITY CLERK PAA VO ES
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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 Special
Municipal Election held in the City of San Luis Obispo, California, on
June 7. 1988.
1 - Number of registered voters in city:
2 - Number of votes cast in city:
3 — Tabulation of votes by measure
For Measure D
Yes 5,571
No 4.816
For Measure E
Yes 4,621
No 5.618
4 - Tabulation
of
votes by
precinct (Exhibit "A ")
5 - Tabulation
of
votes by
measure (Exhibit "A ")
6 - Tabulation
of
absentee
votes (Exhibit "A")
21,716
12,088
Witness my hand and the seal of the City of San Luis Obispo this e[.S
day of to/m/ y 1988.
P"". u"-
P m Voges, i y Clerk
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RESOLUTION NO. 6743
(Never used # 6743)
6743
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RESOLUTION NO. 6472 (1988 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AMENDING
THE GENERAL PLAN URBAN LAND USE AND WATER AND WASTEWATER
MANAGEMENT ELEMENTS TO INCLUDE MINOR ANNEXATION POLICIES
(GP 1380)
WHEREAS, the Planning Commission and City Council have held hearings to consider
amendment to the Urban Land Use Element and Water and Wastewater Management Elements as
shown on Figures A, B, C, attached; and
WHEREAS, the proposed amendments have been evaluated in accordance with the
California Environmental Quality Act and the city's Environmental Impact Procedures and
Guidelines, and a negative declaration has been granted by the city; and
WHEREAS, the City Council had found that it is appropriate to establish new minor
annexation policies to control peripheral development and to establish a permanent green
belt at the edge of the city; and
WHEREAS, the City Council finds that the proposed general plan amendments promote
the public health, safety, and general welfare;
BE IT RESOLVED by the San Luis Obispo City Council as follows:
SECTION 1. Section C.l.b. of the Urban Land Use Element is hereby amended to
include policies shown on Figure A, attached and incorporated by reference.
SECTION 2. Sections C.l.b. and C.S.b. of the Urban Land Use Element are hereby
amended as shown on Figure B, attached and incorporated by reference.
SECTION 3. Policies 1.8.C. and 3A.A. of the Water and Wastewater Management
Element are hereby amended as shown on Figure C, attached and incorporated by reference.
SECTION 4. After City Council review and consideration, the determination of the
Community Development Director to to approve a negative declaration is hereby confirmed.
R6472
Resolution No. 6472 (1988 Series)
Page 2
On motion of Councilperson Reiss , seconded by Councilperson Rappa
, and on the following roll call vote:
AYES: Councilmembers Reiss, Rappa, Pinard and Mayor Dunin
NOES: None
ABSENT: Councilman Settle
the foregoing Resolution was passed and adopted this 25th day of .Tull, , 1988.
Mayor Ron Dunin
ATTEST:
AYYKU V tli:
City Adm nistrative Officer
i
City Att r ey
Community Development Director
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FIGURE A: MINOR ANNEXATION POLICIES
(Add the following to Section C.l.b. of the Urban Land Use Element.)
-- The city's water demand exceeds its supply at this time. During this situation,
annexations which could significantly increase demands on water supply through the
introduction of more urban scale development should not occur. However, minor
annexations which could help create a green belt around the city, and /or result in
other substantial public benefits, and which do not significantly increase water
demand may be considered by the city.
-- A minor annexation is the incorporation of territory to the City of San Luis Obispo
which involves only a relatively small amount of urban intensity development. The
principal purpose for allowing such annexations is to help establish a permanent open
space green belt surrounding the city although .other significant public benefits may
justify .approval of a minor annexation. The green belt is to provide a permanent
edge to the city's urban area and to maintain the city's rural setting by preserving
scenic hillsides and open agricultural land.
-- A minor annexation area shall:
a) Be contiguous to existing developed land within .the city.
b) Be located outside the major expansion areas shown on the Land Use Element Map .
c) Accommodate no more than twenty -five acres for urban development. Urban
development includes all areas devoted to building sites, public and private
roads, parking, drainage improvements, all paved areas, utility easements and
required yards and setbacks. (Urban development areas must be contiguous to
existing developed land within the city.)
d) Enable urban development in accord with applicable hillside planning criteria
which are hereby referenced.
e) Include the preservation of permanent open space equal to at least four times
the amount of developed area proposed to be annexed. This standard is to be
considered a minimum, except as provided under subsection 3 (D) below; the
council may require the inclusion of additional open space if it is deemed
useful to meet the intent of this policy. For example, if a more logical edge
to the green belt, formed perhaps by a ridgeline or other natural or man -made
feature, can be created by adding area beyond the minimum standard, then this
additional open space may be required by the council. This open space area:
(1) May be provided within the annexed territory or in other areas consistent
with the Land Use Element map; and
(2) Shall be secured by dedication of fee title or perpetual easement.
f) Avoid increased demand for city water supplies, either by using an on -site water
source or by providing water use reductions within existing developed city areas
equal to twice the amount of water used by proposed development within the area
to be annexed.
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Page 2
-- The City Council may exempt an annexation proposal from meeting some of these
criteria if it determines that the annexation will provide compensating public
benefits that outweigh an inability to meet one or more of the criteria.
Compensating public benefits include:
a) Housing affordable to low- income people, managed by a public or nonprofit
agency.
b) Mitigation of significant preexisting environmental problems.
c) Actions that significantly improve the quality of life within existing
neighborhoods.
d) Open space which may be of less area than the usual standard (four times the
developable area) but which is of high value to the community; examples would be
prominent visual or aesthetic features, sensitive habitat areas, areas with
special recreational potential, areas with sensitive historical or
archaeological resources or areas especially vulnerable to imminent development.
If the city has adopted a development moratorium because of limited water supply, the
City Council shall not exempt a minor annexation proposal from the requirement to
provide on -site water source or off -site water service reductions.
FIGURE B
(Delete the following from Sections C.l.b. and C.5.b. of the Urban Land Use element.)
Minor expansions to enable more logical, complete and efficient urban development and
urban services should not be restrained or deferred, particularly where other growth
management and land use objectives are achieved as trade -offs.
a) Where existing deficiencies are corrected by the development,
b) Where inappropriate, alternative rural residential development can be avoided by
allowing environmentally acceptable urban residential concentration in the City and
providing interim or permanent agricultural preservation of the remaining
unincorporated portion of the property, and
c) Where the annexation and development will provide a more logical, complete and
efficient urban edge.
Minor expansion areas which may eventually be used for residential development are
located on the slopes of Bishops Peak, the Santa Lucia Foothills east of Johnson
Avenue, and on the south Street Hills /Rockview area. (See also section C.I.c.)
0
•
FIGURE C
Amend Policy 1.8. and Policy 3A.A. of the Water and Wastewater Management Element to
read as follows:
Policy 1.8
The city will not annex an area unless the safe annual yield of available citywide
water supplies at least equals estimated water requirements for all development,
consistent with the Land Use Element, within the city including the annexed area.
The only exceptions to this policy area:
A. Areas which have prior agreements for water service.
B. Minor infill parcels within areas which have prior agreements for water service,
as provided in policy 1.3.
C. Areas which:
1. Provide their own water from groundwater resources, or
2. Provide water use reductions within existing developed city areas equivalent
to twice the amount of water used by proposed development, or
3. Are exempted by the City Council consistent with minor annexation policies
contained in Section C.l.b. of the Urban Land Use Element, and as provided in
policy 3.4.
Policy 3.4
The city does not encourage but may consider wells to provide domestic water for a
private development within the city. Such a well may be operated by the project
owner only for the owner's use. If the well serves any user in addition to the
project owner, it must be operated by the city (Policy 5.1). such wells may be used
only when:
A. The City Council approves the well proposal as part of a specific land - development
project approval, and the proposed well system meets all city standards;
B. A qualified, independent hydrological investigation demonstrates that the well(s)
reliably can provide sufficient quality and quantity of water for the proposed
land - development project.
C. The owner or developer financially guarantees any treatment system required for
the well water to meet state and federal standards and any cost of future connection
to the city water system. (Users of the well water would bear additional costs of
treatment.)
D. The well -water distribution system or a separate system is designed and
constructed, or a separate system is provided, to eventually be connected to the city
water system.
RESOLUTION NO. 6471 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE WATER AND WASTEWATER MANAGEMENT ELEMENT
OF THE GENERAL PLAN (GP 1384)
WHEREAS, the Planning Commission and the City Council have held public hearings on
the proposed amendments in accordance with the California Government Code; and
WHEREAS, the potential environmental impacts of the amendments have been evaluated in
accordance with the California Environmental Quality Act and the city Environmental
Guidelines.
NOW, THEREFORE, the council resolves as follows:
SECTION 1. Finding.
The amendments to the Water and Wastewater Management Element are consistent with other
elements of the general plan.
SECTION 2. Environmental determination..
An initial environmental study (ER 29 -88) has been prepared and considered, and the
council hereby determines that there will be no significant impacts and affirms the
action of the Community Development Director to approve a negative declaration.
SECTION 3. Adoption of amendment.
The Water and Wastewater Management Element is hereby amended as described in the
attached Exhibit A.
2. The Community Development Director shall cause the amended element to be published
and distributed to appropriate city officials, public agencies, and libraries, and to
be available to the public at a cost not to exceed the city's expense for
reproduction.
R6471
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Resolution No. ,.6471 (1988 Series)
Page 2
On motion of .. Councilman Reiss , seconded by Ma,y,or, Dunin ......... ,
and on the following roll call vote:
AYES: Councilmembers Reiss, Mayor Dunin and Rappa
NOES: Councilwoman Pinard
ABSENT: Councilman Settle
the foregoing resolution was passed and adopted this ,19th day of ,.July , 1988.
A
Mayor Ron Dunin
AT
Cit Jerk Pam oges
APPROVED:
City Administrative Officer
City Atto ey
........ ...............................
Community Development Director
Resolution No.
EXHIBIT "A"
Page 1 of 2
[Combine /simplify policies 2.2, 2.3, and 2.4; eliminate Figure 7; revise Program 2.4]
Policy 2.2 The city will manage water demand so it can continue to provide a high
level of water service. In the long term, demand management should set
limits on new development to assure that additional water requirements will
not exceed available supply. Responding to shorter -term weather
conditions, the Annual Water Operational Plan should focus on how much and
in what manner people in existing development should reduce water use from
normal levels to assure adequate supplies during droughts.
When development approvals must be limited to avoid excessive increases in
water use, the allowed increase in water use should be allocated to new
development according to a system which provides for balanced growth
consistent with other general plan elements and adopted policies.
Program 2.4 The city will adopt regulations which establish allowed increases in water
use for new development and which allocate any allowed increase, consistent
with this element.
(1) So long as normal city water use exceeds safe yield, the amount of
water available for allocation to new development at any time will not
exceed:
147.1 acre -feet (two percent of July 1988 safe yield); plus
11 acre -feet (remaining from the 1987 -88 allocation); plus
One -half of any additional safe yield obtained after July 1, 1988,
less 147.1 acre feet (repaying the "water credit" extended in
anticipation if added supply during 1988 -89); minus
All water allocated after July 1, 1988.
(2) So long as water use exceeds safe yield, all allocations of water to
new development will not exceed an increase in city water use during
any year (July 1 to June 30) greater than two percent of then - current
safe annual yield.
(3) The regulations may provide a special reserve, separate from the
limitations of parts I and 2 above, for tenant improvement and use
changes in existing buildings and for development in large, phased
projects which have made substantial commitments to public facilities
in anticipation of development. Initially, this special reserve shall
not exceed about 74 acre -feet (one percent of July 1988 safe yield).
Once the 147 - acre -foot "credit" of part (1) as been deducted from any
added yield, the council may increase the special reserve by not more
than 74 acre -feet.
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Resolution No.
Exhibit A
Page 2 of 2
(4) The safe yield of a supplemental source will be included only when
each of these has occurred: environmental review has been completed;
the City Council has approved construction documents; the new source
could deliver water within one year.
(5) The estimation of city water use will employ additions of allocated
water to use levels of an average, base year, to avoid fluctuations in
measured water use due to relatively short -term economic or weather
conditions.
The regulations will allocate water -use increases to specific developments,
within various land - development categories. Residential uses will be
provided at least 66 percent of total water capacity to be allocated.
Within the residential category, projects affordable to low- or
moderate - income households will have highest priority. Further, the
regulations will assure that no single project can receive all available
water and that projects which make offsetting water -use reductions in
existing development equal to twice their expected water use may proceed
independently from the allocation system. The regulations will take
priority over previously adopted regulations or specific -plan provisions
concerning growth management.
Time frame: Regulations in effect by September 1988
Responsible agencies: City Council
Funding: General fund
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RESOLUTION NO. 6470 (1988 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE
CHAMBER OF COMMERCE, SAN LUIS OBISPO
TO OPERATE A VISITORS AND CONFERENCE BUREAU
WHEREAS, City desires to support a coordinated marketing program for
San Luis Obispo as a visitors and conferencing locale; and
WHEREAS, the coordination and development of enhanced visitors and
conferencing trade is an appropriate adjunct to the proper promotion of
the City; and
WHEREAS, City desires to engage Contractor to provide these services
by reason of its qualifications and experience for performing such
services, and Contractor has offered to provide the required services on
the terms and in the manner set forth herein.
NOW, THEREFORE, BE IT RESOLVED that the services agreement (Exhibit A)
is hereby approved; and
BE IT FURTHER RESOLVED that the Mayor is authorized to execute said
agreement at such time as the County authorizes participation at the
requested prorata level. When the agreement is executed, the City Clerk
shall furnish a copy of this resolution and a copy of the executed
agreement to: Dave Garth, Corporate Secretary, Chamber of Commerce of San
Luis Obispo, Inc.
On motion of Councilmember Pinard , seconded by Mayo r'_.Dunin-1--
and on the following roll call vote:
AYES: Councilmembers Pinard, Mayor Dunin, Rappa and Reiss
NOES: None
ABSENT: Councilman Settle
R6470
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The foregoing resolution was passed and adopted this 19th day
of July , 1988.
e
MAYOR RON DUNIN
ATTEST:
CI Y CLERK PAMELA OGE
Approved:
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City Administrative Officer
City torney
141cA�11 I/
Firorffe Director
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EXHIBIT "A"
PROFESSIONAL SERVICES AGREEMENT
TO OPERATE, A VISITORS AND CONFERENCE BUREAU
This agreement, made this day of . 1988, by and between the
CITY OF SAN LUIS OBISPO. California (hereinafter referred to as "City "),
and CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC., CALIFORNIA, (hereinafter
referred to as "Contractor ").
WITNESSETH:
WHEREAS, City desires to support a coordinated marketing program for
San Luis Obispo as a visitors and conferencing locale; and
WHEREAS, the coordination and development of enhanced visitors and
conferencing trade is an appropriate adjunct to the proper promotion of
the City; and
WHEREAS, the city desires to maintain and enhance the market share in
an increasingly competitive environment, and
WHEREAS, City desires to engage Contractor to provide these services
by reason of its qualifications and experience for performing such
services, and Contractor has offered to provide the required services on
the terms and in the manner set forth herein.
NOW, THEREFORE, in consideration of their mutual covenants, the
parties hereto agree as follows:
1. PROGRAM COORDINATION
a. City. The City Administrative Officer or his designated
representative, shall be the Project Manager representing the
City for all purposes under this agreement. He shall supervise
the progress and execution of this agreement.
b. Contractor. Contractor shall assign a single Project Manager to
have overall responsibility for the progress and execution of
this agreement for Contractor. Jonni Eylar is hereby designated
as the Project Manager for Contractor. 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 by City Project Manager.
2. DUTIES OF CONTRACTOR
a. In addition to this Visitors and Conference Bureau (VCB)
Agreement, City contracts with the San Luis Obispo Chamber of
Commerce (Chamber) for visitors and promotional services. The
City separately contracts with Francis and Associates to provide
promotional advertising services. The Chamber acknowledges the
potential for duplication of efforts and costs as a result of
these contracts with the City. In performing its services under
this agreement, the Chamber agrees to make every
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reasonable effort to coordinate activities and to identify and avoid
duplication of costs associated with the Promotional Services, the
Visitors Center and Promotional Advertising Agreements.
b. Services to be furnished. Contractor shall provide all
specified services as set forth and incorporated herein by this
reference.
C. Chamber will maintain an office suitable for the conduct of a
visitors and conference bureau. This office shall be open
during normal business office hours to facilitate contact with
conference representatives.
d. Chamber staff shall .include personnel qualified in visitors and
conference bureau administration.
e. Chamber shall conduct a visitors and conference.bureau on behalf
of City as outlined here below or as may be modified from time
to time by mutual agreement between the City and the Chamber.
f. The program conducted by the Chamber shall include, but not
limited to, the following:
(1) Development of direct sales efforts.to attract group
business and conferences. Major markets would include Los
Angeles, San Francisco, Fresno, and Bakersfield.
(2) Attendance and representation of San Luis Obispo County at
major travel and sales shows during the contract time period.
(3) Coordination of scheduling for potential conferences with
individual properties in San Luis Obispo County.
(4) Develop new, coordinated county wide sales materials and
brochures to be used in the marketing program.
(5) Creation and implementation of a coordinated and planned
marketing campaign, stressing the benefits of the San Luis
Obispo area as a destination for visitors.
(6) Submittal of a quarterly written report on the progress of
the Visitors and Conference Bureau to the City's Project
Manager,. and the Promotional Coordinating Committee.
g. All services provided by the Contractor listed within this
agreement are in addition and beyond those of any and all other
contracts currently held between the City and Contractor.
h. Laws to be observed. Contractor shall:
(1) Procure all permits and licenses, pay all charges and fees,
and give all notices which may be necessary and incidental to
the due and lawful prosecution of the services to be performed
by Contractor under this agreement;
(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 Contractor'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.
i. Copies of reports.and information. If City requests additional
copies of reports, drawings, specifications, or any other
material in addition to what the Contractor is required to
furnish in limited quantities as part of the services under this
agreement, Contractor shall provide such additional copies as
are requested, and City shall compensate Contractor for the
costs of duplicating of such copies at Contractor's direct
expense.
j. Qualifications of Contractor. Contractor represents that it is
qualified to furnish the services described under this
agreement.
3. DUTIES OF CITY
City agrees to cooperate with Contractor and to perform work
described hereto and incorporated by this reference. The City
Program Manager shall work closely with the PCC and will incorporate
its comments, guidance and desires into the administration and
execution of this contract to the degree such is reasonable.
4. COMPENSATION
The Contractor will perform the work as described and as directed by
the City's Project Manager.
a. City will pay the Contractor the sum of $34,000.00 (thirty four
thousand dollars) for office space, staffing, and expenses to be
paid in two installments, $17,000.00 (seventeen thousand
dollars) on August 1, 1987, and $17,000.00 (seventeen thousand
dollars) on January 1, 1988.
5. TIME FOR COMPLETION OF THE WORK
Program is for the period July 1, 1988, to June 30, 1989. Contractor
shall perform services in a timely manner upon direction and guidance
from City Project Manager and PCC. Contractor acknowledges timing is
at the sole discretion of City.
! •
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 the
Contractor to perform any.provision of this agreement. Contractor
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 Contractor
in writing sixty (60) 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
Contractor, City shall be obligated to compensate Contractor
only for that portion of contractor services which are of
benefit to City. Said compensation is to be arrived at by
mutual agreement of the City and Contractor and should they fail
to agree, then an independent arbitrator is to be appointed by
mutual agreement and his decision shall be binding upon the
parties.
8. INSPECTION
Contractor shall furnish City with every reasonable opportunity for
City to ascertain that the services of Contractor 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 Contractor of any of
its obligations to fulfill its agreement as prescribed.
9. OWNERSHIP OF MATERIALS
Because of several cities' involvement with the Visitors Conference
Bureau, all materials, photos, drawings and other original materials
shall remain the property of the Bureau. The City shall have free,
reasonable and timely access to and use of these materials.
10. INDEPENDENT JUDGMENT
Failure of City to agree with Contractor'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 Contractor to meet
the requirements of this agreement.
11. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES
This agreement is for the.performance of professional marketing
services of the Contractor and is not assignable by the Contractor
without prior consent of the City in writing. The Contractor may
employ other specialists to perform special services as required with
prior approval by the City.
9
i
12. NOTICE
All notices hereunder shall be given in writing and mailed, postage
prepaid, by Certified Mail, addressed as follows:
To City: Pamela Voges, City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
To Contractor: Chamber of Commerce of San Luis Obispo
1041 Chorro Street, Suite E
San Luis Obispo, CA 93401
13. INTEREST OF CONTRACTOR
Contractor 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. Contractor further covenants that, in the
performance of this agreement, no subcontractor or person having such
an interest shall be employed. Contractor 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, Contractor shall at all times
be deemed an independent contractor and not an agent or employee of
City.
14. INDEMNITY
Contractor hereby agrees to indemnify and save harmless City, its
officers, agents, and employees from:
A. Any and all claims and demands which may be made against City,
its officers, agents or employees by reason of any injury to or
death of any person or corporation caused by any negligent act
or omission of Contractor under this agreement or of
Contractor's employees or agents;
B. Any and all damage to or destruction of the property of City,
its officers, agents, or employees, occupied or used by or in
the care, custody, or control of Contractor, or in proximity to
the site of Contractor's work, caused by any negligent act or
omission of Contractor under this agreement or of Contractor's
employees or agents;
C. Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any injury to or
death of or damage suffered or sustained by any employee or
agent of Contractor 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;
0 i
D. Any and all claims and demands which may be made against City, its
officers, agents, or employees by reason of any infringement or
alleged infringement of any patent rights or claims caused by the use
of any apparatus, appliance, or materials furnished by Contractor
under this agreement; and
E. Any and all penalties imposed or damages sought on account of
the violation of any law or regulation or of any term or
condition of any permit, when said violation of any law or
regulation or of any term or condition of any permit is due to
negligence on the part of the Contractor.
Contractor, at its own costs, expense, and risk, shall defend
any and all suits, actions, or other legal proceedings that may
be brought against or for employees on any such claim or demand
of such third persons, or to enforce any such penalty, and pay
and satisfy any judgment or decree that may be rendered against
City, its officers, agents, or employees in any such suit,
action or other legal proceeding, when same were due to
negligence of the Contractor.
15. WORKERS COMPENSATION
Contractor certifies that it is aware of the provisions of the Labor
Code of the State of California, which require every employer to be
insured against liability for workers compensation or to undertake
self - insurance in accordance with the provisions of that code, and it
certifies that it will comply with such provisions before commencing
the performance of the work of this agreement.
16. INSURANCE
Contractor shall provide proof of comprehensive general liability
insurance in the amount of ($500,000).
17. AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall apply
to, and shall bind, the heirs, successors, executors, administrators,
assigns, and subcontractors of both parties.
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.
C •
19. COSTS AND ATTORNEY'S FEES
The prevailing party in any action between the parties to this
agreement brought to enforce the terms of this agreement or arising
out of this agreement may recover its reasonable costs and attorney's
fees expended in connection with such an action from the other party.
20. DISCRIMINATION
No discrimination shall be made in the employment of persons under
this agreement because of the race, color, national origin, ancestry.
religion, sexual orientation, or sex of such person.
If Contractor 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 Contractor 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 his
paragraph.
If Contractor is found in violation of the nondiscrimination
provisions of this agreement or the applicable affirmative action
guidelines pertaining to this agreement, Contractor 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 Contractor the sum of Two Hundred
Fifty Dollars ($250) for each calendar day during which Contractor 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 Contractor 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 Contractor. All provisions of this agreement are expressly
made conditions. This agreement shall be governed by the laws of the
State of California.
WITNESS WHEREOF, City and Contractor have executed this agreement on the
day and year first above written.
CHAMBER OF COMMERCE OF SAN LUIS OBISPO
By
President
By
Corporate Secretary
CITY OF SAN LUIS OBISPO
By -
ayor Ron Dunin A
ATTE
k�_p LX <��
Pamel Voges, City C erk
r 6
RESOLUTION NO. 6469 (1988 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
AP_PROVI_NG AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC.
FOR CHAMBER TO CONTINUE TO PERFORM PROMOTIONAL SERVICES ON BEHALF
OF THE CITY OF SAN LUIS OBISPO
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 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: Dave Garth, Executive
Manager of the Chamber of Commerce; San Luis Obispo Finance Director; and
the President.of the Chamber of Commerce.
On motion of Councilwoman Pinard seconded by Councilman Reiss and
on the following roll call vote:
AYES: Councilmembers Pinard, Reiss, Rappa and Mayor Dunin
NOES: None
ABSENT: Councilman Settle
the foregoing Resolution was passed and adopted this 19th day of July
1988.
ATTE
CI CLERK, PAMELA 061fS
Approved:
City Administrative Officer
City
Director
* s s
MAYOR, ON DUNIN
R6469
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EXHIBIT "A"
PROFESSIONAL SERVICES AGREEMENT
TO PROVIDE PROMOTIONAL SERVICES
This agreement, made this 19th day of July , 1988, by
and between the CITY OF SAN LUIS OBISPO, California (hereinafter referred
to as "City "), and CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC.,
CALIFORNIA, (hereinafter referred to as "Contractor`').
WITNESSETH:
WHEREAS, City desires to promote its advantages as a tourist and
recreation center; and
WHEREAS, arranging and obtaining favorable coverage about the
community in the various news media likely to be read by potential
visitors to the City is an integral part of its promotion as a tourist and
recreation center; and
WHEREAS, the coordination and development of cultural and
recreational events is a necessary adjunct to the proper promotion of the
city; and
WHEREAS, the Chamber staff is qualified and the office is equipped to
carry on such activities on behalf of the City; and
WHEREAS, the provisions of the Government Code of the State of
California authorize the expenditure of public funds by a municipal
corporation as therein and herein provided.
NOW, THEREFORE, in consideration of their mutual covenants, the
parties hereto agree as follows:
1. PROGRAM COORDINATION
a. City. The City Administrative Officer or his designated
representative, shall be the Project Manager representing the
City for all purposes under this agreement. He shall supervise
the progress and execution of this agreement.
b. Contractor. Contractor shall assign a single Project Manager to
have overall responsibility for the progress and execution of
this agreement for Contractor. Dave Garth is hereby designated
as the Project Manager for Contractor. 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 by City Project Manager.
0 0
2. DUTIES OF CONTRACTOR
a. In addition to this Promotional Services Agreement, City has two
othet contracts with the San Luis Obispo Chamber of Commerce
(Chamber), Visitors Center and Visitors and Conference Bureau
(VCB). The City separately contracts with Sexton Francis and
Associates to provide advertising services. The Chamber
acknowledges the potential for duplication of efforts and costs
as a result of these contracts with the City. In performing its
services under this agreement, the Chamber agrees to make every
reasonable effort to coordinate activities and to identify and
avoid duplication of costs associated with the VCB, the Visitor
Center and Advertising Agreements.
b. Services to be furnished. Contractor shall provide all
specified services as set forth and incorporated herein by this
reference.
C. Chamber will maintain an office suitable for the conduct of a
promotional program. This office shall be open during normal
business office hours to facilitate contact with news media
representatives and to disseminate news releases and promotional
information in a professional manner to various media.
d. Chamber staff shall include personnel qualified in public
relations. Public information shall be available as necessary
to the successful implementation of a promotional program.
e. Chamber shall conduct a promotional and publicity program on
behalf of City as outlined here below or as may be modified from
time to time by mutual agreement between the City and the
Chamber.
f. The program conducted by the Chamber shall include, but not
limited to, the following:
(1) The writing, production, and distribution of news releases,
feature stories, photographs and illustrations, radio and
television news materials, informational fliers, graphics, and
such personal contacts with news media as may be necessary for
the general promotion of the City of San Luis Obispo as a
tourist destination.
(2) Maintaining a file of clippings, news releases, artwork,
and other promotional material produced by the Chamber on behalf
of the City pursuant to this contract which shall be available
to the City or its designated agents for use in promotional
programs at the sole discretion of the City.
(3) Representation at meetings of the PCC, and at the direction
of the Chairman of the PCC, the meetings of other City
commissions and the City Council.
0 0
3. DUTIES OF CITY
City agrees to cooperate with Contractor and to perform work
described-'.hereto and incorporated by this reference.
4. COMPENSATION
City shall pay to Chamber the following sums for furnishing said
services:
a. A flat rate of Twenty Four Thousand Eight Hundred Eighty Eight
Dollars ($24,888.00) per year of office space, staff and
expenses.
b. Payment shall be made in two equal installments of $12,444.00
on August 1, 1988 and January 1, 1989.
5. TIME FOR COMPLETION OF THE WORK
Program is for the period July 1, 1988, to June 30, 1989.
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 the
Contractor to perform any provision of this agreement. Contractor
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 Contractor
in writing sixty (60) 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
Contractor, City shall be obligated to compensate Contractor
only for that portion of contractor services which are of
benefit to City. Said compensation is to be arrived at by
mutual agreement of the City and Contractor and should they fail
to agree, then an independent arbitrator is to be appointed by
mutual agreement and his decision shall be binding upon the
parties.
8. INSPECTION
Contractor shall furnish City with every reasonable opportunity for
City to ascertain that the services of Contractor 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 Contractor of any of
its obligations to fulfill its agreement as prescribed.
•
(4) Maintenance of a liaison with groups and individuals in the
community who express an interest in producing information
and /or programs which support the promotional activities of the
City of San Luis Obispo.
(5) The Chamber shall submit a monthly written report of
promotional services rendered including copies of press
releases, feature stories, photographs and illustrations, radio
and television news materials, fliers, grpahics, and other
materials prepared on behalf of the City at each regular meeting
of the PCC. Said monthly report shall include an itemized
statement regarding Chamber staff hours devoted to the City's
promotional program during the preceding month.
g. All services provided by the Contractor listed within this
agreement are in addition and beyond those of any and all other
contracts currently held between the City and Contractor.
h. Laws to be observed. Contractor shall:
(1) Procure all permits and licenses, pay all charges and fees,
and give all notices which may be necessary and incidental to
the due and lawful prosecution of the services to be performed
by Contractor under this agreement;
(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 Contractor'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.
i. Copies of reports and information. If City requests additional
copies of reports, drawings, specifications, or any other
material in addition to what the Contractor is required to
furnish in limited quantities as part of the services under this
agreement, Contractor shall provide such additional copies as
are requested, and City shall compensate Contractor for the
costs of duplicating of such copies at Contractor's direct
expense.
j. Qualifications of Contractor. Contractor represents that it is
qualified to furnish the services described under this
agreement.
0 0
9. NOTICE
All notices hereunder shall be given in writing and mailed, postage
prepaid, by Certified Mail, addressed as follows:
To City: Pamela Voges, City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
To Contractor: Chamber of Commerce of San Luis Obispo
1041 Chorro Street, Suite E
San Luis Obispo, CA 93401
10. INTEREST OF CONTRACTOR
Contractor 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. Contractor further covenants that, in the
performance of this agreement, no subcontractor or person having such
an interest shall be employed. Contractor 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, Contractor shall at all times,
be deemed an independent contractor and not an agent or employee of
City.
11. INDEMNITY
Contractor hereby agrees to indemnify and save harmless City, its
officers, agents, and employees from:
A. Any and all claims and demands which may be made against City,
its officers, agents or employees by reason of any injury to or
death of any person or corporation caused by any negligent act
or omission of Contractor under this agreement or of
Contractor's employees or agents;
B. Any and all damage to or destruction of the property of City,
its officers, agents, or employees, occupied or used by or in
the care, custody, or control of Contractor, or in proximity to
the site of Contractor's work, caused by any negligent act or
omission of Contractor under this agreement or of Contractor's
employees or agents;
C. Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any injury to or
death of or damage suffered or sustained by any employee or
agent of Contractor 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;
M
D. Any and all claims and demands which may be made against City,
its officers, agents, ents, 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
Contractor under this agreement; and
E. Any and all penalties imposed or damages sought on account of
the violation of any law or regulation or of any term or
condition of any permit, when said violation of any law or
regulation or of any term or condition of any permit is due to
negligence on the part of the Contractor.
Contractor, at its own costs, expense, and risk, shall defend
any and all suits, actions, or other legal proceedings that may
be brought against or for employees on any such claim or demand
of such third persons, or to enforce any such penalty, and pay
and satisfy any judgment or decree that may be rendered against
City, its officers, agents, or employees in any such suit,
action or other legal proceeding, when same_ were due to
negligence of the Contractor.
12. WORKERS COMPENSATION
Contractor certifies that it is aware of the provisions of the Labor
Code of the State of California, which require every employer to be
insured against liability for workers compensation or to undertake
self- insurance in accordance with the provisions of that code, and it
certifies that it will comply with such provisions before commencing
the performance of the work of this agreement.
13. INSURANCE
Contractor shall provide proof of comprehensive general liability
insurance in the amount of ($500,000).
14. AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall apply
to, and shall bind, the heirs, successors, executors, administrators,
assigns, and subcontractors of both parties.
15. 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.
O O
16. 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.
17. DISCRIMINATION
No discrimination shall be made in the employment of persons under
this agreement because of the race, color, national origin, ancestry,
religion, sexual orientation, or sex of such person.
If Contractor 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 Contractor 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 his
paragraph.
If Contractor is found in violation of the nondiscrimination
provisions of this agreement or the applicable affirmative action
guidelines pertaining to this agreement, Contractor 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 Contractor the sum of Two Hundred
Fifty Dollars ($250) for each calendar day during which Contractor is
found to have been in such noncompliance as damages for said breach
of contract, or both.
18. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement between
City and Contractor 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 Contractor. All provisions of this agreement are expressly
made conditions. This agreement shall be governed by the laws of the
State of California.
0 0
IN WITNESS WHEREOF, City and Contractor have executed this agreement on
the day and year first above written.
CHAMBER QF\COMMERCE OF SAN LUIS OBISPO
By = \JU
President
By 411 _Gr J7'.:.
Corporate. Secretary
CITY OF SAN LUIS OBISPO
By � -- •
or Ron Dunin
ATTEST:
7
Pamela Voges, City 1erk
G
RESOLUTION NO. 6468 (1988 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL,
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC.
FOR CHAMBER TO CONTINUE TO PERFORM CERTAIN VISITOR AND TOURIST
INFORMATION ACTIVITIES FROM A CHAMBER OPERATED VISITORS' CENTER
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 is hereby approved 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: Dave Garth, Executive
Manager of the Chamber of Commerce; San Luis Obispo Finance director; and
the President of the Chamber of Commerce.
On motion of Councilwoman Pinard seconded by C'oun'cilman Reiss;d and
on the following roll call vote:
AYES: Councilmembers Pinard, Reiss, Rappa and Mayor Dunin
NOES: None
ABSENT: Councilman Settle
the foregoing Resolution was passed and adopted this 19thday of July,
1988.
r
YOR, RON DUNIN
ATTEST
CITY CLERK, PAM VOGEO
Approved:
Qc_r—�
City AAMInistr-A.t-)1e- QXfice
City At
Finance Director
R6468
j. fit;
%I CIE,
C� 1
EXHIBIT "A"
PROFESSIONAL SERVICES AGREEMENT
TO PROVIDE VISITORS SERVICES AND
TOURIST INFORMATION ACTIVITIES
This agreement, made this day of , 1988, by and between the
CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City "),
and CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC., CALIFORNIA, (hereinafter
referred to as "Contractor ").
WITNESSETH:
WHEREAS, City desires to continue to promote its advantages as a
tourist and recreational center, disseminate visitor information relative
thereto, and properly respond to inquiries about various activities of
City and its possibilities; and
WHEREAS, City desires Chamber to continue to perform certain visitor
and tourist information services for City which City believes will be of
great advantage and benefit to the City and its citizens, residents,
property owners and taxpayers thereof, and will promote the general
welfare; and
WHEREAS, Chamber is organized for and equipped to carry on such
infor on activities n behalf of City, and is in a position to
Accomplish such aims and purposes of City in an efficient and economical
manner; and
WHEREAS, the provisions of the Government Code of the State of
California authorize the expenditure of public funds by a municipal
corporation as therein and herein provided.
NOW, THEREFORE, in consideration of their mutual covenants, the
parties hereto agree as follows:
1. PROGRAM COORDINATION
a. City. The City Administrative Officer or his designated
representative, shall be the Project Manager representing the
City for all purposes under this agreement. He shall supervise
the progress and execution of this agreement.
b. Contractor. Contractor shall assign a single Project Manager to
have overall responsibility for the progress and execution of
this agreement for Contractor. Dave Garth is hereby designated
as the Project Manager for Contractor. 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 by City Project Manager.
• •
2. DUTIES OF CONTRACTOR
a. In addition to the Visitor Services Agreement, City contracts
with the San Luis Obispo Chamber of Commerce (Chamber) for
promotional services and the Visitors and Conference Bureau
(VCB). The City separately contracts with Sexton Francis and
Associates to provide advertising services., The Chamber
acknowledges the potential for duplication of efforts and costs
as a result of these contracts with the City. In performing its
services under this agreement, the Chamber agrees to make every
reasonable effort to coordinate activities and to identify and
avoid duplication of costs associated-with the. VCB, the
Promotional Services and Advertising Agreements.
b. Services to be furnished. Contractor shall provide all
specified services as set forth and incorporated herein by this
reference.
C: Chamber will maintain a public office within the City of San
Luis Obispo at a location acceptable to the City Council.
Chamber will maintain a fully competent staff in this office
including a manager with necessary secretarial assistance. The
Chamber office will provide information to visitors and to
business and professional people. The office will be staffed
and open to the public daily during regular office hours seven
(7) days per week, excepting legal holidays. Chamber will also
maintain telephone services open to the public desiring
information, will provide written responses to inquiries, and
will distribute appropriate printed material. The information
program will include distribution of such material to local
agencies and businesses for dissemination to their customers and
tourists. The Chamber shall also distribute appropriate
material to other chambers, tourist agencies, and travel
organizations in other communities. Except for material which
is furnished to the Chamber by the City, the Chamber shall be
permitted to charge reasonable fees for material which it
distributes.
(1) Chamber will employ a manager and other necessary
personnel.. The manager's qualifications will include training
and experience in public relations and public information.
(2) Chamber will distribute maps and promotional.literattire
about San Luis Obispo and will conduct an information program
including maintaining files on the community's economic data,
recreational facilities and events, general business conditions.
historic points of interest, and cultural activities. This
program will be directed toward visitors and others who have
interest in the community.
(3) Chamber will also maintain a library of literature,
business and telephone directories for public use.
(4) Chamber will cooperate with the City's promotional
advertising program by responding to inquiries, tabulating and
reporting responses and coordinating activities and services.
(5) J n all activities. Chamber shall be a public relations
agency disseminating information and creating goodwill and
advancing the development of San Luis Obispo and its trading
area. Chamber furthermore agrees to cooperate in ascertaining
the most favorable long -range activit -ies for the community.
(6) Chamber will carry on such other duties as may be mutually
agreed upon by the parties hereto to promote tourism,
conferences, conventions, and related business and cultural
activities in the community.
d. Notwithstanding any other representations, oral or written,
between the parties, including any and all agents or
representatives thereof, Chamber at all times covered by the
terms of this agreement is acting as a free and independent
contractor, not as an agent of the City. Any and all
supervision and direction by any City official, department or
body shall be only that necessary to provide broad general
outlines, and Chamber will use its own initiative and discretion
in performing the details of work herein.
e. All services provided by the Contractor listed within this
agreement are in addition and beyond those of any and all other
contracts currently held between the City and Contractor.
f. Laws to be observed. Contractor shall:
(1) Procure all permits and licenses, pay all charges and fees,
and give all notices which may be necessary and incidental to
the due and lawful prosecution of the services to be performed
by Contractor under this agreement;
(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 Contractor'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.
g. Copies. of - reports and information. If City requests additional
copies of reports, drawings, specifications, or any other
material in addition to what the Contractor is required to
furnish in limited quantities as part of the services under this
agreement, Contractor shall provide such additional copies as
are requested, and City shall compensate Contractor for the
costs of duplicating of such copies at Contractor's direct
expense.
h. Qualifications of Contractor. Contractor represents that it is
qualified to furnish the services described under this
agreement.
3. DUTIES OF CITY;
4.
City agrees to cooperate with Contractor and to perform work
described hereto and incorporated by this reference.
City shall pay to Chamber the following sums_ for furnishing said
services:
a. Commencing July 1, 1988; and continuing for one (1) year, City
shall pay Chamber the sum of Forty Three Thousand Two Hundred
Fifty Dollars ($43,250.00) per year payable in two installments
of Twenty One Thousand Six Hundred Twenty Five ($21,625.00).on
August 1, 1988 and January 1, 1989.
5. TIME.FOR COMPLETION OF THE WORK
Program is for the period July 1, 1987, to June 30, 1989.
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 the
Contractor to perform any provision of this agreement. Contractor
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 Contractor
in writing sixty (60) 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
Contractor, City shall be obligated to compensate Contractor
only for that portion of contractor services which are of
benefit to City. Said compensation is to be arrived at by
mutual agreement of the City and Contractor and should they fail
to agree, then an independent arbitrator is to be appointed by
mutual agreement and his decision shall be binding upon the
parties.
I'
8. INSPECTION
Contractor shall furnish City with every reasonable opportunity for
City to ascertain that the services of Contractor 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 Contractor of any of
its obligations to fulfill its agreement as prescribed.
9. NOTICE
All notices hereunder shall be given in writing and mailed, postage
prepaid, by Certified Mail, addressed as follows:
To City: Pamela Voges, City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
To Contractor:
10. INTEREST OF CONTRACTOR
Chamber of Commerce of San Luis Obispo
1041 Chorro Street, Suite E
San Luis Obispo, CA 93401
Contractor 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. Contractor further covenants that, in the
performance of this agreement, no subcontractor or person having such
an interest shall be employed. Contractor 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, Contractor shall at all times
be deemed an independent contractor and not an agent or employee of
City.
11. INDEMNITY
Contractor hereby agrees to indemnify and save harmless City, its
officers, agents, and employees:
A. Any and all claims and demands which may be made against City,
its officers, agents or employees by reason of any injury to or
death of any person or corporation caused by any negligent act
or omission of Contractor under this agreement or of
Contractor's employees or agents;
12
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14.
0 0
B. Any and all damage to or destruction of the property of City,
its officers, agents, or employees, occupied or used by or in
the care, custody, or control of Contractor, or in proximity to
the site of Contractor's work, caused by any negligent act or
omission of Contractor under this agreement or of Contractor's
employees or agents;
C. Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any injury to or
death of or damage suffered or sustained by any employee or
agent of Contractor 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;
D. Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any infringement
or alleged infringement of any patent rights or claims caused by
the use of any apparatus, appliance, or materials furnished by
Contractor under this agreement; and
E. Any and all penalties imposed or damages sought on account of
the violation of any law or regulation or of any term or
condition of any permit, when said violation of any law or
regulation or of any term or condition of any permit is due to
negligence on the part of the Contractor.
Contractor, at its own costs, expense, and risk, shall defend
any and all suits, actions, or other legal proceedings that may
be brought against or for employees on any such claim or demand
of such third persons; or to enforce any such penalty, and pay
and satisfy any judgment or decree that may be rendered against
City, its officers, agents, or employees in any such suit,
action or other legal proceeding, when same were due to
negligence of the Contractor.
WORKERS COMPENSATION
Contractor certifies that it is aware of the provisions of the Labor
Code of the State of California, which require every employer to be
insured against liability for workers compensation or to undertake
self - insurance in accordance with the provisions of that code, and it
certifies that it will comply with such provisions before commencing
the performance of the work of this agreement.
INSURANCE
Contractor shall provide proof of comprehensive general liability
insurance in the amount of ($500,000).
AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall apply
to, and shall bind, the heirs, successors, executors, administrators,
assigns, and subcontractors of both parties.
15
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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.
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.
DISCRIMINATION
No discrimination shall be made in the employment of persons under
this agreement because of the race, color, national origin, ancestry, .
religion, sexual orientation, or sex of such person.
If Contractor 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 Contractor 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 his
paragraph.
If Contractor is found in violation of the nondiscrimination
provisions of this agreement or the applicable affirmative action
guidelines pertaining to this agreement, Contractor 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 Contractor the sum of Two Hundred
Fifty Dollars ($250) for each calendar day during which Contractor is
found to have been in such noncompliance as damages for said breach
of contract, or both.
AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement between
City and Contractor and supersedes all prior negotiations,
0
representations, or agreements, either written or oral. This document may
be amended only by written instrument, signed by both City and
Contractor. All provisions of this agreement are expressly made
conditions. This agreement shall be governed by the laws of the State of
California.
IN WITNESS WHEREOF, City and Contractor have executed this agreement on
the day and year first above written.
AT
t.,
i
Pame a Voges, City CD6rk
By
President
OF SAN LUIS OBISPO
BYll.«l9Jli =�-
Corporate Secretary
CITY OF SAN LUIS OBISPO
By �+
Wayor Ron Dunin
Cl
RESOLUTION NO. 6027 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1376
(ISLAY HILL) LOCATED AT 1100 TANK FARM 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 1376 and the Planning Commission's recommendations, staff recommendations and
reports thereon, makes the following findings:
1. The design of the tentative map and proposed improvements are consistent with the
general plan and specific plan for Edna - Islay.
2. The site is physically suited for the type and density of development proposed and
allowed in an R -1 -SP zone.
3. The design of the subdivision and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvement will not conflict with
easements for access through or use of property within the proposed subdivision.
5. The Community Development Director has determined that the subdivision is consistent
with the adopted Edna -Islay Specific Plan, and that no further environmental study is
necessary.
SECTION 2. Conditions. That the approval of the tentative map for Tract 1376 be
subject to the following conditions:
1. Multiple final maps may be filed. Recordation of any final map for Tract 1376 shall
not occur prior to acceptance of the Tank Farm Road right -of -way in phases I and 2 of
the Edna -Islay Specific Plan.
2. Subdivider shall construct all public improvements shown on the tentative map.
Subdivision improvements shall be consistent with standards in the Edna -Islay
Specific Plan.
3. New streets shall be named and shown on the final map, to the approval of the
Community Development Department and the Postal Service. Addresses shall be assigned
according to a plan prepared by the Community Development Department.
4. Final map and improvement plans shall note that if grading or other operations
unearth archeological resources, construction activities shall cease. The Community
Development Director shall be notified of the extent and location of discovered
materials so that they may be recorded by a qualified archeologist. Disposition of
artifacts shall comply with state and federal laws. Costs of any archeological work
shall be the subdivider's responsibility.
0 0
Resolution No. 6027 (1986 Series)
Tract 1376 (Islay Hill)
Page 2
5. Solar easements shall be delineated on the final map for those lots with longer
dimensions oriented more than 30 degrees from a North -South line. Easements shall be
to the approval of the Community Development Director.
6. The subdivider shall establish covenants, conditions, and restrictions (CC &R's) for
the tract. These CC &R's shall be approved by the Community Development Department
and administered by the homeowner's association. The subdivider shall include the
following provisions in the CC &R's for the Tract:
a. Maintenance of storm water detention basin shall be by homeowner's association
in conformance with the Edna Islay Specific Plan.
b. There shall be no change in city - regulated provisions of the CC &R's without
prior approval of the Community Development Department.
C. Front yard landscaping shall conform to a city - approved plant list.
Incentives, to the approval of the Community Development Director, shall be
provided to homeowners who complete landscaping within six months of
occupancy.
7. Subdivider must install street trees to city standards, to the approval of the Public
Works Department. Any street trees included in the park improvements must be
installed as initial subdivision improvements also.
8. Fire hydrants shall be provided as required by the city fire code and to the
satisfaction of the Fire Marshal. All hydrants shall provide 1500 gallons per minute
and be served by loop water lines consistent with the Edna -Islay Specific Plan.
9. All lots shall be graded in compliance with the Uniform Building Code and Grading
Ordinance.
10. Subdivider shall submit for Community Development Director approval a detailed
landscape improvement plan for the detention basin and the north side of Tank Farm
Road. Plan shall be prepared by licensed landscape architect, shall be consistent
with concepts and requirements of the Edna -Islay Specific Plan,.and shall include
provisions needed to prevent erosion on the north side of Tank Farm Road.
Landscaping shall be installed to the approval of the Community Development. Director.
11. The subdivider shall construct the following to the satisfaction of the City
Engineer:
a. Surface and subsurface drainage improvements on the site.
b. Detention basin.
12. Subdivider shall offer for dedication to the city and show on final map:
a. Access easements for maintenance of detention basin, to the approval of the
City Engineer. Access to the basin shall be paved to the satisfaction of the
City Engineer and Community Development Director.
O O
Resolution No. 6027 (1986 Series)
Tract 1376
Page 3
b. Drainage easements, in accordance with the Specific Plan, to the satisfaction
of the City Engineer.
13. The subdivider shall submit a hydrology study and calculations for the design of the
proposed drainage facilities within the tract.
14. Subdivider shall submit a maintenance schedule to be fulfilled by the Homeowners'
Association for the detention basin, subject to approval by the City Engineer. The
maintenance schedule shall include periodic report to the city of the condition of
the detention basin for the life of the basin. The maintenance schedule and
reporting procedure shall be approved by the City Engineer.
15. Bike paths shall be shown on improvement plans, located as shown on the specific plan
map, to the approval of the Community Development Director.
16, Construction of the railroad underpass along Tank Farm Road shall be complete
concurrent with or prior to development of any other tract improvements. No buildings
may be constructed prior to the completion of the underpass.
17. The subdivider shall install street furniture and signs for transit systems, to the
satisfaction of the Community Development Department and Mass Transit Committee.
18. Final map shall note access rights to both sides of Tank Farm Road shall be dedicated
to the city by a 1 -foot no- access strip.
19. Subdivider shall construct the intersection of Tank Farm Road and Orcutt Road as part
of this subdivision. Design shall conform to standards set in the Edna -Islay
Specific Plan and shall be approved by the City Engineer, County Engineer, and
Community Development Director.
20. Subdivider shall submit to the Community Development Department a written agreement,
signed by an authorized representative of the Department of Fish and Game, .
specifically allowing the work in the creek and stating the limitations imposed upon
this work.
Work shall be limited to rehabilitation and stabilization of active erosion areas,
channel improvements for site drainage regulations and control and installation of
utility crossings required to complete the Final. Map improvements. This work shall
employ, to the extent possible, native rocks and materials which will provide a
channel similar to the natural existing one.
21. Subdivider shall submit a revised landscape improvement plan to the Community
Development Department for review and approval. This landscape plan shall show the
bike /pedestrian path relocated as shown on the Edna -Islay Specific Plan map, shall
include typical creek sections for the creek improvement areas and the creek
preservation areas to the satisfaction of the Community Development Director.
Resolution No. 6027 (1986 Series)
Tract 1376
Page 4
W
22. Subdivider shall pay park -in -lieu fees in accordance with the subdivision regulations
or dedicate land for a park, as designated on the specific plan land use map.
23. Landscaping and fencing in the creek setback areas shall be shown on the subdivision
improvement plans.
24. The Tank Farm Road crossing of the south branch of Acacia Creek shall be designed to
minimize creek disruption to the approval of the Community Development Director and
the City Engineer. That design shall include the concerns of the Department of Fish
and Game. Plans shall be part of Tank Farm Road improvements and improvements for
Islay hill phase 3 final map.
25. The subdivider shall submit a financing plan for the development of the park that
splits the financial responsibility among the subdivider, the individual lot owners,
and the city. The plan shall be submitted prior to final map approval, to the
approval of the Community Development Director. Park improvements shall be
implemented in stages, as required by the specific plan. If the park is dedicated in
this phase, then a bond for the subdivider's portion of the improvements shall be
posted prior to the approval of the final map for Tract 1376 to the approval of the
Community Development Director.
26. The subdivider shall offer for dedication and show on the final map creek. improvement
and preservation areas included in the development plans of this subdivision.
27. The final map shall note, that all buildings located.beyond the four- minute response
line, as determined by the Fire D.cpartment, must contain on -site fire mitigation
measures, to the approval of the Fire Department.
28. Subdivider shall provide plans and bond for the installation of a 12" diameter water
main extending from Bullock Lane to the proposed extension of Tank Farm Road or an
alternative line approved by the city's Utilities Engineer. This water main shall be
installed prior to development of phase 4 of the Edna -Islay Specific Plan, or when 386
units have been constructed within the Edna -Islay Specific Plan area, whichever comes
first. Subdivider shall be entitled to reimbursement in accordance with chapter 13.04
of the Municipal Code. Acquisition costs for off -site easements shall be the
responsibility of the subdivider. City may exercise its power of eminent domain as
required to expedite acquisition of necessary easements. Subdivider shall be
responsible for preparation of legal work and costs of any litigation.
29. Subdivider shall construct an all- weather access road to all sewer line manholes not
located within dedicated roads, to the satisfaction of the Public Works Department. An
access easement to all such sewer lines shall be granted to the city and shown on the
final map, to the satisfaction of the City Engineer.
30. Subdivider shall submit to the Community Development Department a noise analysis,
prepared by a registered acoustical engineer, that analyzes the effects of noise from
Tank Farm Road on the adjacent residential lots. The report shall include
recommendations for noise mitigation and incorporated into the project where
necessary.
Resolution No. 6027
Tract 1376
Page 5
• •
(1986 Series)
Noise or visual buffers constructed along Tank Farm Road shall be to the approval of
the Architectural Review Commission.
On motion of Councilman Settle seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilpersons Settle, Rappa, Dove-y, Griffin, and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this I 5t-h_ day of Tully
1986.
Mayor
ATTEST:
City Clerk
APPROVED:
o7
City Administrative bfficdr
City At rney
Community Dfel clopmcnt Director
U e��
CD 1
C �
RESOLUTION NO. 64611988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF A TWELVE -MONTH TIME EXTENSION FOR
TENTATIVE TRACT NO. 1376 LOCATED AT 1100 TANK FARM ROAD
WHEREAS, The subdivider requests a twelve -month time extension to complete
improvements and satisfy conditions of approval; and
WHEREAS, reasonable progress has been made toward completing subdivision improvements
and filing of the final map; and
WHEREAS, the circumstances and findings of the original tract approval are unchanged;
NOW THEREFORE, the City Council resolves as follows:
Section 1. That Tract .1376 is granted a twelve -month time extension to April 15,
1989, subject to original tract map findings and conditions as specified in City Council
Resolution No. 6027 (1986 Series), attached.
On motion of .Councilwoman Rappa ,seconded by Councilman Reiss,,,-and
on the following roll call vote:
AYES: Councilmembers Rappa, Rciss, Pinard, and Mayor Dunin
NOES: None
ABSENT: Councilman Settle
the foregoing resolution was passed and adopted thisl9taay of July , 1988.
_g� e e -
ayor RON DUNIN
A
Cit Clerk PAM VO S
R 6467
Resolution No.646VI988 Series)
Tract 1376
Page 2
APPROVED:
City Administrative Officer
a
City A o ney
Community Development Director
JL:1376res
0 0
RESOLUTION NO. 64601988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF A TWELVE -MONTH TIME EXTENSION FOR
TENTATIVE TRACT NO. 1399 LOCATED AT 3547 S. HIGUERA STREET
WHEREAS, The subdivider requests a twelve -month time extension to complete processing
of the final map; and
WHEREAS, reasonable progress has been made toward completing subdivision improvements
and filing of the final map; and
WHEREAS, the circumstances and findings of the original tract approval are unchanged;
NOW THEREFORE, the City Council resolves as follows:
Section 1. That Tract 1399 is granted a twelve -month time extension to April 1,
1989, subject to original tract map findings and conditions as specified in City Council
Resolution No. 6020 (1986 Series), attached.
On motion of Councilman Reiss
on the following roll call vote:
seconded by Councilwoman Rappa, and
AYES: Councilmembers Reiss, Rappa, Pinard, and Mayor Dunin
NOES: None
ABSENT: Councilmember Settle
the foregoing resolution was passed and adopted thislit"y of July , 1988.
Mayor RON DUNIN
ATT
City klerk PAM VO
R 6466
o
Resolution No. 64601988 Series)
Tract 1399
Page 2
APPROVED:
�-' �
City Admini-strative Officer
City A orney
Community Development Director
JL:1399res
W
RESOLUTION NO. 6020 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1399
LOCATED AT 3547 SOUTH HIGUERA STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of the tentative map of
Tract 1399 and the Planning Commission's recommendations, staff recommendations and
reports thereon, makes the following findings`.
1. The design of the tentative map and proposed improvements are consistent with the
general plan.
2. The site is physically suited for the type and density of development allowed in a
GS zone..
3. The design of the tentative map and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvement will not conflict with
easement for access through (or use of property within) the proposed subdivision.
5. The Community Development Director has determined that the proposed subdivision will
not have a significant effect on the environment and has granted a negative
declaration.
SECTION 2. Conditions. That the approval of the tentative map for Tract 1399 be
subject to the following conditions:
1. The subdivider shall establish covenants, conditions, and restrictions for the
regulation of land use control of nuisances and architectural control of all
buildings and facilities. These CC &R's shall be approved by the Community
Development Department and administered by [give name] homeowner's association.
2. The subdivider shall include the following provisions in the CC &R's for the Tract:
a. Property owner's association shall be created to enforce the CC&R's and provide
for professional, perpetual maintenance of common areas including, but not
limited to, the driveway, parking lot, landscaping, sewer, utilities and
building exteriors.
R 6020
Resolution No. 6020 (1986 Series)
Tract 1399
Page 2
0.,. .
b. The right shall be granted to the City to maintain common areas if the property
owner's association fails to do so, and to assess said association for expenses
incurred.
c. All parking spaces provided in the project shall be available for use by all the
individual owners.
d. There shall be no change in city - regulated provisions of the CC &R's without
prior approval of the Community Development Department.
3. Subdivider shall provide individual water services for each unit. Meters shall be
clustered at property frontage, to the approval of the City Engineer.
4. Subdivider shall extend individual gas and electrical services and metering for each
unit, to the approval of affected utilities and the City Engineer.
5. Final maps 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 agencies.
On motion of Councilman Settle seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Setae, Rappa, Dovey and Mayor Dunin
NOES: None
ABSENT. Councilman Griffin
the foregoing resolution was passed and adopted this 1.st day of .7uly- 1986.
Mayo
caAO
612 &11 � �k, 4 ,, -
0 17)
RESOLUTION NO. 6465 (1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO AMENDING THE CITY /COUNTY
AIRPORT SEWER AND WATER AGREEMENT
WHEREAS, the City Of San Luis Obispo provides water and sewer
service to the County Airport under an existing agreement; and
WHEREAS, the City of San Luis Obispo provides such capacity as
needed to serve the area.
NOW, THEREFORE BE IT RESOLVED, the City adopts Amendment #2 to
the City /County Airport Sewer and Water Agreement relating to the
expansion of the service area. Said amendment is attached hereto
as exhibit A.
n
Councilwoman Pinar
kid motion Of , end seconded by Councilman Reiss
and on the following roll call vote:
AYES: Councilmembers Pinard, Reiss, Rappa, and Mayor Dunin
NOES: None
ABSENT: Councilman Settle
the foregoing resolution was passed and adopted this 19th day
Of July , 1988.
qw- MAYOR RON DUNIN
ATTEST:
CITY CLEkK PAMELA VOG
R 6465
G
Resolution No. 6465 (1988 Series)
APPROVED:
:Lc---� e=--::
City Administrative Officer
//L± 2 -
City Attolo ey
Finance Director
Utilities Manager
/U zL,4� -"
Public Works Director
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IN THE BOARD OF SUPERVISORS
Q COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
--- Tues - day ------- ---,19-
July 19 88
- - - - - - --------------
PRESENT: Supervisors Jerry Diefenderfer, Evelyn Delany, James Johnson
Carl Hysen and Chairman William B. Coy
ABSENT None
In the matter of Consent Agenda:
On motion of Supervisor Delany, seconded by Supervisor Hysen and on the
following roll call vote, to wit:
AYES: Supervisors Delany, Hysen, Diefenderfer, Johnson,
NOES: None Chairman Coy
ABSENT: None
Consent Agenda Items A -1 through A -18 are approved as recommended by the
County Administrative Officer. Item A -2 is RESOLUTION NOS. 88 -336 and
88 -337. Item A -10 is RESOLUTION NO. 88 -338. Item A -14 is RESOLUTION NO.
88 -339. Item A -16 is RESOLUTION NO. 88 -340. Item A -17 is RESOLUTION NO.
88 -341. Said Consent Agenda Items A -1 through A -18 are on file in the Office
of the County Clerk - Recorder and are available for public inspection.
cc: Administration
7/20/88 vms
1' •/ NY
STATE OF CALIFORNIA,
County of San Luis Obispo, } ss.
I FRANCIS M. COONEY County Clerk and ex- officio Clerk
of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do
hereby certify the foregoing to be a full, true and correct copy of an order made by the Board
of Supervisors, as the same appears spread upon their minute book.
WITNESS my hand and the seal of said Board of Supervisors, affixed this . - -- 20th - - - --
day of-- - - - - -- JulY----- - - - - --
FRANCIS M. COONEY
---------------------------------------------
County Clerk and Ex- Officio Clerk of the Board
(SEAL) of Supervisors By
CD-33 ^
Deputy Clerk.
1 A -1 thru A -18
AMENDMENT #2 TO SEWER AND WATER AGREEMENT BETWEEN
CITY OF SAN LUIS OBISPO AND COUNTY OF SAN LUIS OBISPO
This second Amendment to Agreement is entered into this
day of 1988, between City of San Luis Obispo,
hereinafter called "CITY" and County of San Luis Obispo, hereinafter
called "COUNTY."
and
RECITALS
WHEREAS, CITY owns and operates a water and waste water system;
WHEREAS, COUNTY currently utilizes this water and waste water
treatment system for San Luis Obispo County Airport pursuant to a
Sewer and Water Agreement between CITY and COUNTY dated November 7,
1977; and
WHEREAS, Sewer and Water Agreement between CITY and. COUNTY was
amended by Amendment No.. 1 on April 26, 1988; and
WHEREAS, the COUNTY desires to expand the service area of the
water and waste water treatment service area to other airport
facilities directly related to airport operations.
NOW THEREFORE, in consideration of the following terms and
conditions, CITY and COUNTY agree to amend various sections of the
Sewer and Water Agreement as follows:
2. (Under "City agrees to ") is amended to include Exhibit
A -A.
1�
3
C�
5. (Under "County agrees to ") is amended to include 7±
acres as shown on Exhibit A -A.
7. (Under "County agrees to ") is amended to include
Exhibit A -A (7± acres) and reimburse the CITY for capital
investments in the amount of the current CITY adopted "Acreage
Fees." Acreage fee will be imposed separately for sewer and water,
according to which service(s) is sought.
11. (Under "County agrees to ") is amended to read as
follows:
Limit water consumption to the number of gallons per
day as per the following schedule:
YEAR GAL /DAY
1977 -1987 70,300
1988 35,150
1989 38,665
1990 42,180
1991 45,695
1992 49,210
1993 52,725
1994 56,2,40
1995 59,755
1996 63,270
1997 66,785
1998 70,300
Exceptions to the above water consumption limits are
made in case of fire.
�I
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C
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IN WITNESS THEREOF, the parties hereto have executed this Second
Amendment to Agreement on the date shown above.
COUNTY OF SAN LUIS OBISPO CITY OF SAN LUIS OBISPO
By : —
Cha &a of the Bo of
Supervisors
Aubhorized by Board action on
1988
ATTEST:
County Clerk
B -
APPROVED AS TO FORM
EFFECT:
JAMES B. LINDHOLM, JR.
Countv Counsel
By
Dated:�"�
°Mayor
ATTEST:
City Clerk
By:
APP
City Attorney
BY:
Dated:
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BOARD OF SUPERVISORS' AGuryOA FOR JULY 19, 1988 PAGE 3
A=6 Request for approval of 1987 -88 end -of -year budget adjustments for
Budget Unit 2510 - Municipal Court including an appropriation
transfer in the amount of E12,000. (RECOMMEND APPROVAL'AND INSTRUCT
CHAIRMAN TO SIGN.)
Clerk - Recorder's Items:
A -7 Submittal of letter of opposition to SB 2601 - Garamendi. (RECOMMEND
THIS ITEM BE REFERRED TO STAFF FOR INCLUSION IN THE NEXT LEGISLATIVE
UPDATE.)
A -8 Request for approval of minutes of the Board of Supervisors' meetings
of June 28, 1988 and July 5, 1988. (RECOMMEND APPROVAL.)
General Services' Items:
A -9 Submittal of lease for additional office space for the District
Attorney's Office. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO
SIGN.)
A -10 Resolution approving an application to participate in the California
Energy Commission's Partnership Program. (RECOMMEND APPROVAL AND
INSTRUCT CHAIRMAN TO SIGN.)
- �1 -i'I'� Submittal of Amendment No. 2 to the Water and Sewer Agreement between
City of San Luis. Obispo and County of San Luis Obispo. (RECOMMEND
APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.)
Health Agency's Items:
A -12 Submittal of an agreement. with Coast Regional Resource Center for
mental. health therapist services for the . "Brain Impaired Adults"
program. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.)
A -13 Submittal of renewal contract . with the Economic Opportunity
Commission for the provision of tubal ligation services at General
Hospital. (RECOMMEND.APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.)
Other Items:
A -14 Resolution amending the position allocation list for B.U. 3090 - Air
Pollution Control District by deleting one half -time Sr. Air Quality
Specialist position and adding one Sr. Air Quality Specialist, and by
deleting one Air Quality Specialist II and adding one half -time Air
Quality Specialist II. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO
SIGN.)
A -15 Submittal of an agreement with the State Department of Social
Services for continuation of a child abuse and neglect prevention
program. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.)
A -16 Resolution authorizing a joint powers agreement with the State of
California for a "Victims of Crime" program and submittal of an
employment contract with.Karen Ramsay for Victim Witness services.
(RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.)
A -17 Resolution amending the position allocation list for B.U. 2050 -
Auditor- Controller by adding one Accountant - Auditor I. II or III.
(RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN,)
A -18 Request for approval of CO 86 -312, a proposed subdivision by B.0 &
B.H. Boyles, located on State Highway 41 east of Atascadero, and
reject the Offer of Dedication and access denial with prejudice to
future acceptance;.5th District..,(RECOMMEND APPROVAL.)
The County of San Luis Obispo's Environmental Coordinator has determined that there is
no substantial evidence that the following proposed projects may have 'a significant
effect on the environment. A proposed negative declaration has been prepared for each
of them. Files, containing the data supporting the proposed Negative Declaration, are
available for review upon request. For additional information please contact the County
Environmental Coordinator's Office at (805) 549 -5011.
RESOLUTION NO. 6464(1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO AUTHORIZING
PARTICIPATION IN THE ENERGY PARTNERSHIP PROGRAM
WHEREAS, SB 880 has provided funds to the California Energy Commision
(CEC) for energy support to local governments through the Energy
Partnership Program; and
WHEREAS, The City qualifies to participate in the CEC'c Energy
Partnership Program: and
WHEREAS, The City recognizes.that assistance will allow better use of
limited staff recourses and expertise to deal with energy matters;
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Public Works Director shall file an application with
the California Energy Commission for participation in its Energy
Partnership Program.
SECTION 2. The City Clerk shall furnish a copy of this resolution to
the the Public Works Director .
On motion of Councilwoman Pinard seconded by Councilman Reiss
and of the following roll call vote:
AYES: Councilmembers Pinard, Reiss, Rappa and Mayor Dunin
NOES: None
ABSENT: Councilman Settle
the foregoing Resolution was passed and adopted this 19th day of
July 1988.
R 6464
Resolution No.6464(1988 Series)
Page Two
ATTEST:
CITY CLEM PAM VOGES
APPROVED:
City A$strative Officer _
C /1
TR^ RON DUNIN
Project Manager
g:em -apres
Public Works Director
"! A- �H {
PW
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RESOLUTION NO. 6463 (1938 Sen.ie6)
city of Sam", lUIS OBISPO
Qcsotut.ion
Of APPRCCIAtion
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO CANDACE HAVENS
FOR HER DEDICATED SERVICE TO THE CITY AND ITS CITIZENS
WHEREAS, Candace Havens ha-6 had a di.6tingui,6hed ean.eeh with the City o6 San Luis Obizpo
6.inee June 1, 1978; and
WHEREAS, Candace ha6 6enved in both the Community Devetopment and Pubtic Wonh,6
Depantment6; and
WHEREAS, Candace ha6 heaved a6 Ptan.ni.ng Technician, Ptanning En6oneement Technician,
A ,si,stant PZannen, A66oci,ate Ptannen, and Parking Paognam CooAd&taton, a6 weZZ a6
paAtici:pating acti.veey and enthuzia.6t.ieatty on van.iou6 eommittee6; and
WHEREAS, heA pea6onmanee and aecompt ,6hment6 in the6e po6.i tims have demonstaated hen
6o.eid abiei ti.e6; and
WHEREAS, Candaee'6 pozitive enexgy, enthu6.i>a6m and expertise have cAeated an atmo6phene
o6 thudt and ae6peet 6oa the City; and
WHEREAS, Candace, as the JiAst Pahhing Paognam Cooadinatoa o6 the City o6 San Lug
Ob.i,6po, haz with6tood the uZtimate te6t in digomaey and innovation; and
WHEREAS, hen pe/Lzevenance and cAeativ.ity have conth,i.buted to San Lui,6 Obi spo'6 newe6t
and moat anch.i teetwcaUy eontAoven6.c.at bui.eding, the Poem Staeet Parking Stnuctune; and
WHEREAS, Candace hail contributed to the .<mpaovement o6 the quantity and quaZity o6
patk ng in San Luis Ob.i.apo with the major accompti6hment o6 devetoping the PanFit.ng
Management Pean 6on the City o6 San Luiz Ob.igpo; and
WHEREAS, Candace waa the City'6 project managea 6on the new City- County Libnany; and
WHEREAS, no matter how gaeat hen aeeompti6hment6 on how wddupnead hen 6ame, Candace
a&uy6 coiR be beat known 6on 6ign en6oaeement; and
WHEREAS, whiPe hen management taeent6 have earned heA a new du k, 0b6.iee with a doors, .
and enough 6-iee cab.inet6, 6he ha6 eho6en to aetin.e to the 24- hour -a -day job o6 taking cane
o6 hen home and 6amity;
NOW, THEREFORE, BE IT RESOLVED, that the City eouncie w,i she6 to expae66 it's gratitude
6on heA numeAou.6 accomp i6hment6 and out6tanding peA6onmance which 6he has given to the
City o6 San Luis Obi4po dun.ing the pa6t .ten yeah.6 and w.i,6h Candace we t.
On the motion o6 Councitmemben Rappa, 6econded by CounciCmembeA Rei66, and on the
.6o.e.eow.i.ng noZt cane vote:
AYES: CouncitynembeAz Rap pa, •.
NOES: None
. CouncitmembeA
\�CITY CLERK PltLA VOGES -UNIN
152 -ea
193
RESOLUTION NO. 6462 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AWARDING A CONTRACT AND TRANSFERING MONEY FROM
WATER FUND CAPITAL REPLACEMENT APPROPRIATION
WHEREAS, the City received bids for "Waterline Improvement Project:
Jennifer St. -.Ella to George and George St. - Jennifer to End; City Plan No.
M -27P ", and
WHEREAS, the Engineer's estimate was $97,840.00, and
WHEREAS, the low bid was received from Christoff Technical Services of
Orcutt, California in the amount of $76,949.00. and
WHEREAS, there is money available in the Water Fund Capital Replacement
appropriation for this project,
NOW THEREFORE BE IT RESOLVED, the following items:
1. Accept the low bid from Christoff Technical Services of Orcutt, California.
2. Authorize the Mayor to sign the contract on behalf of the city.
3. Direct the City Clerk to prepare the appropriate documents for signature by
the successful bidder and the Mayor.
4. Direct the Finance Director to transfer $83,105.00 from the Water Fund
Capital Replacement to Waterline Improvement Project: Jennifer St. - Ella
to George and George St. - Jennifer to End (050- 9714- 091 -572) for cost of
construction and contingencies for the waterline replacement.
On motion of Councilwoman Pinard , seconded by Councilman Reiss
and on the following roll call vote:
AYES: Councilmembers Pinard, Reiss, Rappa, and Mayor Dunin
NOES: None
ABSENT: Councilman Settle
R 6462
Resolution No. 6462 (1988 Series)
Page Two.
the foregoing Resolution was passed and adopted this 19th day of
July , 1988.
CLERK PAM VOGES
* a• w r w w
APPROVED:
City - Attorilyy
Ste! / /Ome
Public Works Director
City ineer
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RESOLUTION No. 6461 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS
BE IT RESOLVED by the Council of the City of Son Luis Obispo cis follows:
The attached Traffic Work Orders for the period of April 1, 1988 through
June 30, 1988 are hereby approved.
On motion of Councilwoman Pinar_d seconded by Councilman Reiss
and on the following roll call vote:
AYES: Councilmembers Pinard, Reiss, and Rappa
NOES: Mayor Dunin
ABSENT: Councilman Settle
the foregoing Resolution was passed and adopted this 19th day of July
1988.
rte°
A ON DUNIN
ATTES
CITY LERK--PAMELA VO S'
APPROVED:
City Administrative Officer
City At a ney
city ngineer
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by
R 6461
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����i�i�►���IINIII�II����lll city of san�uis OBlspo
Mrws COUNCIL AGE11
REPORT
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MEETING DATE:
July 19, 19
ITEM NUMBER: a
FROM:
David F. Romero Wayne A. Peterson? Prepared by: Barbara Lynch
Public Works Director City Engineer tr� Engineering Assistant /Traffic
SUBJECT:
Traffic Work Orders for the Period of April 1, 1988 through June 30, 1988.
CAO RECOMMENDATION:
Adopt a resolution approving Traffic Work Orders for the period of April 1,
1988 through June 30, 1988.
BACKGROUND:
The City Engineer has, over the past three months, issued work orders making
changes to improve safety and operation of the street system and parking
facilities. One -third of the work orders were parking related, the majority
resulting from the opening of the new parking structure. One -half were signing
and striping changes and the remaining work orders were requests for red
curbing and signal work.
The Council's policy is to accept this report quarterly. This report satisfies
this past policy.
FISCAL IMPACT:
Implementation costs are minor.
RECOMMENDATION:
Adopt resolution approving Traffic Work Orders for the period of April 1, 1988
through June 30, 1988.
Completed Traffic Work Orders
(April 1, 1988 through June 30, 1988)
Available in the Council office for review
bl5 /wrkordrs
lib3 /wrk
by
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADJUSTING RATES FOR SOLID WASTE COLLECTION AND DISPOSAL
EFFECTIVE JULY 11 1988 AND SUPERCEDING RESOLUTION NO. 6091
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Effective July 1, 1988 the rates for solid waste
collection and disposal shall be those listed in the following
subsections. These rates shall be applied to all bills for single
family residential customers issued on or after August 1, 1988.
A.
Cans or Waste Wheeler Containers. The base monthly rate for the
weekly collection and disposal of up to one cubic yard of refuse
for residential customers from standard garbage cans or from waste
wheeler containers provided.by the franchisee.shall be $7.65 per
residence. Loose rubbish (as defined by Municipal Code. Section
8.04.010) must be bundled so that one worker can lift and handle
it. A standard garbage can shall have a maximum volume of 35
gallons and a maximum weight of 80 pounds. There shall be an
additional charge of $3.95 per month per can or container for
collection away from the street curb. There shall be an additional
monthly rental fee for a waste wheeler container.
B. Multi -unit Residential Customers- Dumpster Containers. Monthly
rates for the collection and disposal of refuse for multi -unit
residential customers from dumpster containers provided by the
franchisee shall be determined from the following schedule:
SIZE OF
COLLECTIONS PER WEEK
CONTAINER
(CU YDS)
1
2
3
4
5
6
7
1 $
36.70
$ 55.15
$ 65.95
$ 91.85
$115.00
$128.75
$165.60
1 -1/2
43.20
62.45
78.90
103.35
124.50
135.85
190.95
2
49.50
70.00
92.05
114.70
133.95
143.40
217.20
3
60.80
86.40
119.60
152.95
198.95
215.20
288.70
4
73.80
110.40
156.35
212.70
265.40
286.90
358.70
6
100.45
153.30
215.20
318.30
367.25
404.70
478.25
8
128.75
189.85
286.90
424.60
530.25
574.00
647.40
(1) The rates stated above for dumpster containers shall include
the monthly container rental fee.
R6460
Resolution No. 6460 (1988 Series)
C. Commercial Customers - Garbage Cans. Monthly rates for the
collection and disposal of refuse for commercial customers from
standard garbage cans with a maximum volume of 35 gallons per can and
a maximum weight of 80 pounds per can shall be determined from the
following schedule:
NUMBER
COLLECTIONS PER
WEEK
OF
OF
CONTAINERS
CANS
1
2
3
4
5
6
7
1 $
1
$ 7.65
$ 12.80
$ 19.15
$ 21.30 $
23.40
$ 25.50
$ 29.20
2
9.50
19.15
25.50
28.05
30.55
33.15
38.30
3
12.10
23.05
31.90
33.95
36.65
38.28
45.70
4
14.75
26.95
37.05
40.40
43.80
47.10
56.15
5
17.15
30.70
42.15
46.65
51.35
56.18
66.20
6
19.80
34.30
47.10
53.25
59.50
64.95
76.50
7
22.35
38.30
52.40
59.90
67.35
74.10
86.75
8
24.75
42.15
57.35
65.85
74.30
82.95
96.85
9
27.40
45.85
62.55
72.20
81.90
91.20
107.15
10
29.90
49.77
68.85
79.38
89.90
100.80
117.20
(1) Where more than 10 cans are collected, the additional charge per
can per collection shall be $2.65.
D. Commercial Customers - Waste Wheeler Containers. Monthly rates for
the collection and disposal of refuse for commercial customers from
waste wheeler containers provided by the franchisee shall be
determined from the following schedule:
NUMBER
COLLECTIONS PER WEEK
OF
CONTAINERS
1
2
3
4
5
6
7
1 $
12.80
$ 19.15
$ 22.85
$ 31.80
$ 39.85
$ 44.55
$ 57.30
2
25.50
38.10
45.65
63.70
79.70
89.05
114.55
3
29.90
43.30
54.65
71.65
86.25
94.20
132.40
4
34.30
48.45
63.70
79.50
92.85
99.25
150.25
5
38.25
54.10
73.25
92.85
115.35
124.10
175.05
6
42.10
59.80
82.80
106.05
137.95
148.95
199.80
7
46.65
68.05
95.50
126.85
160.95
173.75
224.00
8
51.30
76.35
108.20
147.45
184.00
198.55
248.25
9
55.85
83.15
118.40
165.80
201.70
218.95
298.20
10
60.30
91.25
128.60
184.10
219.35
239.40
348.10
11
64.95
98.85
138.80
202.40
237.00
259.70
.398.15
12
69.45
'106.25
148.95
220.64
254.60
280.10
448.15
(1) In addition to the collection rates stated above for waste wheeler
containers, there shall be charged a monthly rental fee for each
container.
0 0
Resolution No. 6460 (1988 Series)
E. Commercial Customers - Dumpster Containers. Monthly rates for the
collection and disposal of refuse for commercial customers from
dumpster containers provided by the franchisee shall be determined
from the following schedule:
SIZE OF
COLLECTIONS PER WEEK
CONTAINER
(CU YDS )
1
2
3
4
5
6
7
1 $
27.55
$ 41.40
$ 49.43
$ 68.85
$ 86.25
$ 96.55
$124.20
1 -1/2
32.35
46.85
59.15
77.55
93.35
101.90
143.25
2
37.10
52.45
69.00
86.05
100.45
107.55
162.90
3
45.60
64.80
89.70
114.7.5
149.20
161.36
216.55
4
55.35
82.80
117.25
159.50
199.00
215.20
269.00
6
75.35
114.95
161.35
238.70
275.40
303.50
358.70
8
96.55
142.40
215.20
318.45
397.65
430.45
485.55
(1) The rates stated above for dumpster containers shall include the
monthly container rental fee.
F. Commercial Customers - Extra Collections. The rate for unscheduled
extra collections from commercial customers shall be determined from
the following schedule:
1 cubic yard (minimum charge) $ 9.85
2 cubic yards 11.75
3 cubic yards 17.75
4 cubic yards 23.60
G. Compacted Refuse in Dumpster Containers. The monthly rate for
collection and disposal of compacted refuse from dumpster containers
shall be the scheduled rate for uncompacted refuse plus $5.65 per
cubic yard per collection.
SECTION 2. Upon passage, this resolution shall supercede
Resolution No. 6091 (1986 Series).
SECTION 3. The city clerk shall furnish copies of this resolution,
as executed, to the finance director, the public works director, and
San Luis Garbage Company.
0 0
Resolution No. 6460 (1988 Series)
On motion of Councilman Reiss , seconded by Councilwoman Rappa ,
and on the following roll call vote:
AYES: Councilmembers Reiss, Rappa, Finard and Mayor Dunin
NOES: None
ABSENT: Councilman Settle
the foregoing resolution was passed and adopted this 18th. day
of July , 1988.
ATTES .
CITY LERR PAMELA V ES
APPROVED:
C TY ADM NISTRATIVE OFFICER
— A�==A
CITY AT RNEY
® 40
OR RON DUNIN
FINANCE DIRECTOR
ey2�
PUBLIC WORKS DIRECTOR
IrlrJ4-71 6(l
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RESOLUTION NO. 6459 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO IN THE MATTER OF THE
DISCIPLINARY ACTION REGARDING FORMER'
POLICE OFFICER SIDNEY BARTHOLOW
WHEREAS, in accordance with the Personnel Regulations of the City
(Chap. 2.36, San Luis Obispo Municipal Code), the Personnel Board has
conducted a hearing, completed deliberations and made a recommendation in
the disciplinary matter of former police officer, Sidney Bartholow; and
WHEREAS, Mr. Bartholow has requested an opportunity to present
further argument to Council; and
WHEREAS, this Council is satisfied that adequate opportunity to
present all reasonable and relevant evidence and arguments exist in the
normal operation and exercise of the Personnel Regulations; and
WHEREAS, this Council has reviewed and considered the Board's
recommendation and findings, as well as the record of the hearing; and
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The request by Mr. Bartholow for further argument is
denied.
SECTION 2. The termination of former police officer Sidney
Bartholow, effective July 2, 1981, is appropriate and proper.
SECTION 3. The findings of the Personnel Board in this matter,
attached hereto as Exhibit "A" and incorporated herein by reference as
though fully set forth are adopted as the findings of Council in support
s
of its determination that termination is appropriate and proper.
On motion of Councilmember Settle, seconded by Councilmember Pinard,
and on the following vote:
R 6459
Resolution No. 6459 C38 Series) O Page 2
AYES: Settle, Pinard, Dunin, Rappa, Reiss
NOES: None
ABSENT: None
the foregoing resolution has passed and adopted this 5th day of July,
1988.
ATTEST:
CITY ADMINISTRATIVE OFFICER
CITY ATTO 'EY
YERSUNNEL DIRECTOR
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MAYOR IN
C �
BEFORE THE PERSONNEL BOARD
CITY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
IN THE MATTER OF THE APPEAL ) FINDINGS AND RECOMMENDATIONS TO
OF SIDNEY BARTHOLOW FROM ) CITY COUNCIL
TERMINATION. )
The Personnel Board has considered the appeal of SIDNEY BARTHOLOW from
termination from his position as a police officer on .July 2, 1981. In
reaching its decision, the Board has fully considered all relevant
evidence, oral and written, made available to it. Specifically, the
evidence before the Board consisted of Exhibits marked "A" through "R ", as
stipulated by the Attorneys for the appellant and the City, and the oral
testimony from witnesses given February 18 -20, 1988. Their testimony was
reported and transcribed. All exhibits and transcripts are designated as
part of the administrative record.
The Board held an open hearing at the request of appellant. At the
conclusion of oral testimony, the attorneys requested and were granted
time within which to submit additional written arguments. On April 16 and
.June 21, 1988, the Board met in closed session to deliberate and make
appropriate findings and a recommendation. The latter meeting was held to
review and adopt written findings which were consistent with the earlier
discussion, deliberations and decisions. Due to a scheduling conflict,
Commissioner Sorensen was unable to attend the June 21, 1988, meeting.
The Board agreed that he could review the written findings at a later
date. The Board's recommendation and supporting findings are attached
hereto as Exhibit "1 ".
In summary, the Board finds by a 4 -1 vote (Commissioner Wheeler
dissenting), on a preponderance of evidence, that the City has
EXHIBIT "A"
substantiated the charges in support of termination. The findings
attached are applicable to each and every charge. The Board recommends to
the City Council that the imposed disciplinary action (termination
effective July 2, 1981) be carried out.
These findings and recommendation shall be filed as a permanent record
with the Personnel.Director and she shall deliver a copy to the City
Council, City Clerk, the City Administrative Officer., Sidney Bartholow and
the current Police Chief.
(Signed) Qt1sti., (2 LI3`i�(!P
a es Buttery, Chairma V Date
eZey �
Ma �, rti Reed, Commissioner a17 to
� Ted Wheeler, Commissioner
Ba ry Whelchel, Commissioner Date
7 �fl it
obert Sorensen, Commissioner Da e
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EXHIBIT "1"
RE: FINDINGS AND RECOMMENDATION TO THE CITY COUNCIL ON THE APPEAL OF
SIDNEY BARTHOLOW
Procedural Rulings
1. The stipulated version of Exhibit "L" consisting of fourteen (14)
pages is accepted and admitted into evidence.
2. Exhibits "E" and "H" are admitted into evidence over the objection of
appellant.
Findings
1. Officer Bartholow's performance as a police officer prior to the dates
of the incidents in question in this matter was satisfactory.
2. Between January and May, 1981, Officer Young was planning a series of
criminal offenses.
3. Officer Young's plans were made known to Bartholow during a period of
approximately five (5) months (January - May 1981). At some point
during that period Bartholow should have known that Young was serious
about carrying out his criminal plans.
4. On May 2., 1981., Officer Berrett told Bartholow that he had been
solicited by Young to join Young and Bartholow in committing crimes.
By this date, Bartholow had a duty and obligation to take affirmative
steps and action to report what had occurred to superiors in the
chain -of- command, or other responsible individuals or agencies.
Bartholow failed to meet this duty and obligation, by failing to make
such report or otherwise disclose the plans of Officer Young.
5. For example, on a number of occasions. Bartholow had the opportunity
to report Young's plans to Sgt. Downey and he failed to do so.
6. Chief Neuman's management style and personality was irrelevant to the
situation faced by Bartholow and in no way acted as a valid excuse for
Officer Bartholow's failure to report Officer Young's planned criminal
activities.
7. Officer Bartholow's failure to report Officer Young's plans for
criminal activity posed a potential serious threat to the public
safety and unnecessarily created a possible risk of harm to his fellow
police officers.
8. Officer Bartholow's failure to report was in direct conflict with the
standards and requirements of the City's Personnel Rules and
Regulations, the Police Department's Manual of Rules and Regulations,
and the Law Enforcement Code of Ethics.
-3 --
9. Officer Bartholow's friendship with Officer Young influenced the
former's decision to not report the latter's planned criminal
activities to superior officers.
10. Officer Bartholow's failure to report constituted conduct unbecoming
an officer and was a serious breach of the public trust.
11. Officer Bartholow's termination from public employment as a police
officer is warranted in view of the following factors, and each of
them:
A. The extreme seriousness of the offenses being planned by Officer
Young.
B. His total failure to take any steps towards fulfilling his duty
to report Officer Young's plans.
C. His apparent unwillingness to recognize that the failure to
report such planned criminal activities is a serious breach of
the public trust and confidence bestowed upon a police officer.
D. The high standard of trust and confidence implicit in the job of
police officer requires that the public be assured that major
violations of the City's Personnel Rules and Regulations, the
Police Department's Manual of Rules and Regulations and the Law
Enforcement Code of Ethics will result in severe disciplinary
action.
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�.�� ��� �����!�� O
�I,� /�rb�� ion .
C 0
RESOLUTION NO.6458(1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE LAND USE ELEMENT MAP FROM INTERIM CONSERVATION /OPEN SPACE
TO LOW- DENSITY RESIDENTIAL, AND ADJUSTING THE URBAN RESERVE LINE,
FOR PROPERTY BEYOND THE SOUTHERLY END OF ROYAL WAY (GP /CR 1368)
WHEREAS, the Planning Commission and City Council have held hearings to consider
amendment to the General Plan Land Use Element Map in compliance with the Government
Code; and
WHEREAS, the amendment has been evaluated in accordance with the California
Environmental Quality Act and the city's Environmental Impact Procedures and Guidelines,
and the request to change the land use element map to Low- Density Residential for
property at 2000 Royal Way and adjust the urban reserve line poses no adverse impacts on
the environment and has been granted a negative declaration by the Community Development
Director; and
WHEREAS, the amendment is appropriate at the proposed location and will be
compatible with surrounding land uses; and
WHEREAS, the proposed amendment is consistent with the city's general plan;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. The determinations of the Community Development Director concerning
environmental documents are hereby affirmed.
SECTION 2. The Land Use Element map is hereby amended as shown on the attached
exhibit.
SECTION 3. The Community Development Director shall cause changes to be made in
publications and maps which are available to the public and displays in City Hall.
SECTION 4. This action shall take effect thirty (30) days from the date of adoption
of this resolution.
R6458
O 0
Resolution No. 6458 (1988 Series)
Page 2
On motion of Councilwoman Pina rd, seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Pinard, Rappa, Reiss, Settle and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 5th day
of July
1988.
Mayor Ron Dunin
ATTEST:
- =-'= -b-izf
CitA Clerk Pa ' V ges
APPROVED:
City A ministrative Officer
City A t rney
Community Development Director
i
j