HomeMy WebLinkAbout6475-6499RESOLUTION NO. 6499 (1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 1379
AT 1451 DIABLO DRIVE (THE CAREY GROUP, SUBDIVIDER)
WHEREAS, the City Council made certain findings concerning Tract No.
1379, and as contained in Resolution No. 5924 (1986 Series), and
WHEREAS, all conditions required per Resolution No. 5924 (1986 Series)
have been met, and
WHEREAS, all public improvements have been constructed to City
standards,
NOW THEREFORE BE IT RESOLVED that the public improvements are hereby
accepted and the surety is hereby released in accordance with the
subdivision agreement.
On motion of Councilman Settle , seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 23rd day of
September 1988.
APPROVED:
MAYOR RON DUNIN
ATT
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CIT CLERK PAMELA It Es
R6499
Resolution No. 6499 (1988 Series)
APPROVED:
rz:
City Administrative Officer
City At rney
Public Works Director
Community Development Director
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RESOLUTION NO 6498, (.1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
INITIATING THE REZONING OF PROPERTY ALONG THE EAST SIDE OF NORTH
MONTEREY STREET FROM C -T (Commercial Tourist)
TO C -T -S (Commercial- Tourist - Special Consideration)
WHEREAS, residents Of San Luis Drive are concerned about the impact that tourist
commercial development may have on their properties; and
WHEREAS, the city wants to ensure that development occurs that is compatible with
its setting and avoids creating significant environmental problems; and
WHEREAS, the city is concerned about the preservation of San Luis Obispo Creek area
and its possible use as passive open space with limited public access.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1: The City hereby initiates the rezoning of property on the east side of
North Monterey Street as shown on attached Exhibit "A" from C -T to C -T -S.
SECTION 2: The Community Development Department is directed to include within the
proposed zoning ordinance, criteria that will help direct the site design of new
commercial projects within the area shown on Exhibit "A."
SECTION 3: The City Clerk shall notify affected residents along San Luis Drive and
affected owners of commercial property along Monterey Street that this rezoning
action has been initiated.
On motion of Councilman Settle seconded by Coi=ilwoman Bappa , and
on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard and Reiss
NOES: None
ABSENT: Mayor Dunin
the foregoing resolution was adopted this 6th day of September 1988.
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Pa ela Voges, City , lerk
Ron Dunin, Mayor
Resolution N0.649�1988 Series)
Page 2
APPROVED:
City Administrative Officer
City orney
Community Development Director
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RESOLUTION NO. 6497
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(1988 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO
AND SJ FRANCIS & ASSOCIATES TO
PROVIDE ADVERTISING SERVICES
WHEREAS, City entered into an agreement (Exhibit A) with Sexton
Francis & Associates to provide advertising and promotional services
by reason of its qualifications and experience for performing such
services; and
WHEREAS, said agreement by inclusion of Section 6 allows for
extension of agreement for an additional year following approval of
the Promotional Coordinating Committee; and
WHEREAS, said agreement by inclusion of Section 12 allows for
the assignment of professional advertising services with the consent
of City; and
WHEREAS, Sexton Francis & Associates dissolved their partnership
agreement in July 1988 and SJ Francis & Associates has assumed all
rights and responsibilities of that partnership; and
WHEREAS, during a regular meeting of the Promotional
Coordinating Committee, members unamimously approved a recommendation
that the Council continue services with SJ Francis & Associates
during fiscal year 1988 -1989; and
WHEREAS, the contract awarded to'-'SJ Francis & Associates an
amount of $70,000 to perform advertising services, $6,700 of which
has yet to be expended and thus will be carried forwarded
notwithholding the entire compensation for services provided for
fiscal year 1988 -1989.
NOW, THEREFORE, BE IT RESOLVED that the City hereby approves
assignment of services provided by Sexton Francis & Associates to SJ
Francis & Associates; and
BE IT FURTHER RESOLVED that the extension of services agreement
(Exhibit A) is hereby approved. This extension will continue
agreement for a period of one year and shall terminate June 30, 1989.
The City Clerk shall furnish a copy of the executed agreement to:
Sall -e Francis, Project Manager, SJ Francis & Associates.
On motion of Councilmember Settle , Seconded by Councilmember Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
R6497
Resolution No. 6497 (1988 Series)
Page 2
the foregoing resolution was passed and adopted this 6th day of
September, 1988.
ATT
CIT CLERK, PAME GES
Approved:
City Administrative Officer
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Approved:
City Administrative Officer
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EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT
TO PROVIDE ADVERTISING SERVICES
this agreement, made this 25th day of July, 1988, by and between the
CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City "),
and SJ FRANCIS & ASSOCIATES OF SAN LUIS OBISPO, CALIFORNIA, (hereinafter
referred to as "Contractor ").
WITNESSETH:
WHEREAS, City desires to retain certain professional services in
conjunction with an advertising program as recommended by the Promotional
Coordinating Committee (PCC). The services being provided by the
Contractor under this contract are professional advertising services to
facilitate and implement the:specific components of the program; 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 for all purposes
under this agreement. He shall supervise the progress and
execution of this agreement.
b. Contractor. Contractor shall assign a single Program Manager to
have overall responsibility for the progress and execution of
this agreement for Contractor. Sallie Francis is hereby
designated as the Program Manager for Contractor. Should
circumstances or conditions subsequent to the execution of this
agreement require a substitute Program Manager for any reason,
the Program Manager designee shall be subject to the prior
written acceptance and approval by City Program Manager.
2. DUTIES OF CONTRACTOR
a. Services to be furnished. Under general direction of the
Program Manager, Contractor shall provide all specified services
as set forth in Exhibit "1 ", attached hereto and incorporated
herein by this reference, or as amended by the PCC.
b. 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;
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(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 Program Manager in writing
any discrepancy or inconsistency it discovers in said laws,
ordinances, regulations, orders, and decrees mentioned
above in relation to any plans, drawings, specifications,
or provisions of this agreement.
C. Release of reports and information. Any reports, information,
data, or other material given to, or prepared or assembled by.
Contractor under this agreement shall be the property of City
and shall not be made available to any individual or
organization by Contractor, except the Chamber of Commerce and
the VCB, without the prior written approval of the City's
Program Manager.
d. Copies of reports and information. 'If City requests additional
copies of reports, drawings, specifications, or any other
material in addition to what the 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.
e. Qualifications of Contractor. Contractor represents that it is
qualified to furnish the services described under this
agreement.
f. In addition to this Promotional Advertising Agreement, the City
contracts with the Chamber of Commerce for Visitors and
Conference Bureau (VCB); Visitors and Promotional services. The
Contractor 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 Contractor
agrees to make every reasonable effort to coordinate ,activities
and to identify and avoid potential duplication of costs
associated with the VCB, visitors, and Promotion agreements.
DUTIES OF CITY
City agrees to cooperate with Contractor in its performance of that
work described in Exhibit "1", attached hereto and incorporated by
this reference, or amended work plans approved by the PCC. The City
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Program Manager shall work Closely with the Promotional Coordinating
Committee and will incorporate its comments, guidance and desires into the
administration and execution of this contract to the degree such is
reasonable.
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COMPENSATION
Contractor will bill City and be compensated in accordance with
Exhibit "1" attached hereto and incorporated by this reference, as
currently exists or as may be amended..
TIME FOR COMPLETION OF THE WORK
Program is for the period July 1988, to June 30, 1989. Contractor
shall perform services in a timely manner upon direction and guidance
from City Program Manager and PCC.. Contractor acknowledges timing is
at the sole discretion of City.
6. TEMPORARY SUSPENSION
The City Program 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. The city will provide Contractor with a
written statement outlining reasons or conditions of suspension.
7. TERMINATION
a. Right to 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.
b. Return of materials. Upon such termination, Contractor shall
turn over to the City immediately any and all copies of studies,
sketches, drawings, computations, and other data, whether or not
completed, prepared by Contractor, and for which Contractor has
a
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received reasonable compensation, or materials given.to Contractor in
connection with this agreement. Such materials shall become the permanent
property of City. Contractor, however, shall not be liable for City's use
of incomplete materials or for City's use of complete documents if used
for other than the project contemplated by this agreement.
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 Program 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.
OWNERSHIP OF MATERIALS
All original drawings, plans, documents and
by or in possession of Contractor pursuant
become the permanent property of the City,
the City upon demand. Photographic rights
original negatives or transparencies.
INDEPENDENT JUDGMENT
other materials prepared
to this agreement shall
and shall be delivered to
shall be established for
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 advertising
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.
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: SJ Francis & Associates
1137 Vista del Lago
San Luis Obispo, 93401
690*01. /_vim
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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.
J
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;
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
Condit -ion 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.
COMIn. /- &
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
negl "igence 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
At the request of the City, Contractor shall provide proof of
comprehensive general liability insurance ($500,000) and automobile
insurance.
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.
19. COSTS AND ATTORNEY'S FEES
The prevailing party in any action between the parties to this
agreement brought to enforce the terms of this agreement or arising
out of this agreement may recover its reasonable costs and attorney's
fees expended in connection with such an action from the other party.
20. DISCRIMINATION
No discrimination shall be made in the employment of persons under
this agreement because of the race, Color, national origin, ancestry,
religion or sex of such person.
Comm. /' 7
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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.
IN WITNESS WHEREOF, City and Contractor have executed this agreement
on the day and year first above written.
SJ FRANCIS & ASSOCIATES
,
By
President
CITY OF SAN LUIS OBISPO
By
n unin
ATTEST:
.G� 1
Pam 1a Voges, i y Clerk
Comm. /-7
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EXHIBIT 1
The Contractor shall coordinate and implement the year -round diverse
advertising campaign for the promotion of the City of San Luis Obispo as a
tourism destination.
1. The primary purpose of the campaign is to increase off - season
tourism to the City of San Luis Obispo.
2. The Contractor will provide the Promotional Coordinating
Committee, hereinafter called the PCC, with monthly written
reports. The reports will provide information on campaiin
progress and include copies of all ads, tear sheets, production
expenses, bills for services. an outline of work to be completed
in the next month and other pertinent information.
3. The City's Program Manager will give the Contractor direction
based upon monthly review of Contractor's performance and
recommendations.
4. The specific advertising campaign shall be as listed in the
attached proposed 1987 -88 City of San Luis Obispo.Promotional
Campaign, unless modified by the PCC.
5. Payment to the Contractor will be made on all completed work,
jobs in progress and media purchases approved by the PCC within
15 calendar days of receipt of Contractor's invoice. Requests
for payment can be included in the monthly report to the PCC,
sent directly to the PCC or sent directly to the Program
Manager.
S.J. Francis & Associates proposes the following Year 1 budget for
promoting off— season tourism to San Luis Obispo.
Media purchase . . . . . . . . . . . . . . . . . . . . $50,000
Print ads to piggy -back on the State ad campaign, with San Luis
Obispo ads to appear in issues of Travel & Leisure,
Travel - Holiday, California and Sunset that feature the "Middle
Kingdom" State ad
Creative and production fee for producing four copies of one
1 /3- page, four color ad; five B/W ads or two radio ads . . . $14,000
Includes a test radio.promotion in the San Joaquin Valley
Printing fund for special projects . . . . . . . . . . $ 3.000
Visitor Information Kit inserts or changes, special pamphlets
Reserve fund for ad opportunities, direct mail, etc.. . .$ 3,000
TOTAL $70.000
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Fiscal Year 1988 -89 Advertising Campaign Budget
Media Budget ... ............................... $52,500
Creative & Production ....
Ad production
Brochure production
Revise notes
Radio promotion
Miscellaneous
.................. $14,000
$4000 - $4200
$4300 - $4500
$ 200
$3700 - $4000
$18007 $1100
Printing ........................ $ 9.000
Reserve ......... ...........................;... $ 1,200
TOTAL
$76,700'
4$76,700 is based on rolling over $6,700 from FY 1987 -88
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( AD COPY •
join the fun at our weekly Farmers Market
When you come to San Luis Obispo, you'll notice three things.
It's a very pretty little city. We're genuinely friendly. And everyone. goes.
downtown Thursday evenings for Farmers Market..
Just a few steps from the Mission, fanners sell colorful fruits, vegetables and
garden -grown flowers from the back of pickup trucks. Music groups, juggling
actsand barbecuing ribs, oysters and chicken create a carnival atmosphere.
You may think it's a street fair. We just know it's a lot of fun,
San Luis Obispo
CALIFORNIA
Share it with someone special
For information about Farmers Maxket,
the Mission,neaxbyHea stCastle,beaches
and wineries, call toll free in California
1 -boo- 04 -13b _
or 805 =543 -1323 natianwide
•
6
RESOLUTION NO. 6496 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING BIA RULES AND REGULATIONS AND FEE SCHEDULE
FOR THURSDAY NIGHT ACTIVITIES
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Resolution 5958 (1986 Series) is hereby rescinded.
SECTION 2. That the BIA Rules and Regulations for Thursday Night
Activities, attached hereto marked Exhibit "A" and incorporated herein by
reference, have been reviewed and ate accepted. Revisions may be made
from time to time by the BIA Board of Directors and shall be consistent
with the broad community purposes and objectives of the Thursday Night
Activities Program. A copy of any adopted revisions shall be provided to
the Council, for information.
SECTION 3. That the Fee Schedule for Thursday Night Activities,
attached hereto as Exhibit "B" and incorporated herein by reference, are
approved. Recommended changes shall be made from time to time by the BIA
Board of Directors for subsequent Council approval.
On motion of Councilwoman Rappa , seconded
by Councilman Settle , and on the following roll
call vote:
AYES: Councilmembers Rappa, Settle, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
R6496
Resolution 6496 (1 90 Series)
Page 2
the foregoing Resolution was passed and adopted this 6th day
of September 1988,
MAYOR RON DUNIN
ATTES .
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CITY LERK PAMELA VOG
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JOHN
NISTRATNE OFFICER
ROGERCQUET
CITY MTORNEY
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THURSDAY NIGHT ACTIVITIES APPLICATION
DU51NE55 IMPROVEMENT A550QATION
1, DATE OF ACTIVITY
IF ONGOING, HOW OFTEN (DATES)?
2, NAME OF PERSON OR GROUP
3. ADDRESS
4, PHONE (DAY.)
5. BRIEFLY DESCRIBE ACTIVITY
6. NUMBER OF PERSONS INVOLVED?
7,
IS ELECTRICAL POWER INVOLVED?
(NIGHT)
(IF YES, POWER CORDS MUST BE SUPPLIED BY APPLICANT - AND
PERMISSION OBTAINED TO USE PRIVATE POWER SOURCE)
8. IS THIS A NON- PROFIT ORGANIZATION?
(IF YES, PROVIDE IRS NUMBER
9, IF NOT BIA MEMBER, PLEASE ENTER SELLER'S PERMIT NO,
THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF THE RULES AND REGULATIONS OUTLINED
BY THE BUSINESS IMPROVEMENT ASSOCIATION, AND AGREES THAT HE /SHE WILL COMPLY
WITH THE RULES. NON - COMPLIANCE WILL RESULT IN REMOVAL OF THE ACTIVITY FROM
THE STREETS. THE UNDERSIGNED FURTHER CERTIFIES THAT HE /SHE IS THE
RESPONSIBLE PERSON REFERRED TO IN THE RULES AND THAT HE /SHE IS AUTHORIZED
TO 1.) EXECUTE ON BEHALF OF THE GROUP AND 2.) ACCEPT LEGAL PROCESS ON
BEHALF OF THE GROUP. THE UNDERSIGNED ALSO AGREES TO INDEMNIFY AND HOLD
HARMLESS SLO CITY, THE BIA, BUILDING OWNERS AND TENANTS FROM ALL DAMAGES,
LIABILITIES, COSTS AND EXPENDITURES, INCLUDING ATTORNEY'S FEES AND COSTS
OF DEFENSE, WHICH MAY OCCUR BY REASON OF USE OF THE STREETS DURING THURSDAY
NIGHT ACTIVITIES.
DATE
-- - - - - - - - -
DO
APPROVED
61 01,1141:1 a I
- - SIGNATURE - - PLEASE -PRIUT -NAME - - -
NOT WRITE BELOW THIS LINE
COMMITTEE COMMENT/RECOMMENDATION
DENIED
ELECTRICAL POWER
0 6
FEE SCHEDULE FOR
THURSDAY NIGHT ACTIVITIES
All fees are based on a per night basis.
Ongoing permits will be billed on a quarterly basis. Fees
are due and payable prior to the beginning of each quarter.
Barbecue*
$ 30
Member Food Vendors
10
Direct Sales - Member
5
Direct Sales - Not - for- Profit
10
Informational
N/C
Entertainment
5
Commercial Displays - Non - Member **
50
*Barbecue fee is $30 for a 20 -foot space, plus $20 for each
10 -foot increment (or portion thereof) in excess of 20 feet.
* *Non - competing businesses only will be allowed with
permission of the Committee:
Not- for - profit groups must provide their tax identification
number.
FOR PERMITS MUST BE PAID WHEN THE APPLICATION IS FILED
Revised 8/88
R "' 66 11 .
C]
RESOLUTION NO. 6495
(1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
TO ADJUST FEES AT LAGUNA LAKE GOLF COURSE
WHEREAS, the City recognizes that Laguna Lake Golf Course is an
important recreation resource, particularly for seniors; and
WHEREAS, the City wants to pattern golf course fees after parks
and recreation fees, recovering 80 to 100 percent of costs while
extending substantial discounts to seniors; and
WHEREAS, the City wants to simplify and stabilize the golf
course fee schedule; and
WHEREAS, the City wants to restrict discounted play to off -peak
hours;
NOW THEREFORE
BE IT RESOLVED by the Council of the City of San Luis Obispo
that:
1. This resolution shall supersede Resolution No. 5718;
2. The following green fee schedule for Laguna Lake Golf Course
shall take effect on October 1, 1988:
one 9 -hole round:
Weekday $ 4.25
weekday for seniors 3.75
weekend /holiday 5.00
monthly passes:
single $40.00
couple 60.00
3. All green fee categories and discounts not included in this
resolution shall lapse effective October 1, 1988;
4. 10 -play cards sold before October 1, 1988 shall be honored
after October 1, 1988;
5. Beginning in 1989, on July 1 of every year prices shall be
adjusted by a percentage equal to the percentage change in the
Consumer Price Index for All Urban Consumers /Los Angeles -
Anaheim- Riverside from April to March in the year before
adjustment;
6. With approval of the city administrative officer, prices may be
increased annually above the percentages specified in section 5 of
this resolution if required to cover at least 80 percent of
approved golf course program costs, provided that the total
percentage increase does not exceed 15 percent;
R6495
C) 0
Resolution No. 6495 (1988 Series)
Page 2
7. After adjustment, prices for single rounds shall be rounded to
the nearest 10 -cent increment and prices for monthly cards shall be
rounded to the nearest dollar..
8. When the revised green fee schedule has been in effect for at
least six months, the council may consider the desirability of
limiting monthly card use to weekdays.
by
On motion of Councilwoman
Councilwoman Pinard
call vote:
seconded
, and on the following roll
AYES: Councilmembers Rappa, Pinard, Reiss and Mayor Dunin
NOES: Councilman Settle
ABSENT: None
the foregoing resolution was passed and adopted this 6th day of
September 1988.
MAYOR RON DUNIN
APPROVED:
CITY ADMINISTRATIVE OFFICER
CITY ORNSY
PUBLIC WORKS DIRECTOR
�-� n e��.� --
��� G�z)
P�✓
• i
RESOLUTION NO. 6494 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING ENGINEERING STANDARDS FOR CONSTRUCTION OF
PUBLIC WORKS PROJECTS AS PREPARED BY THE
ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT
WHEREAS, the Engineering Division of the Public Works Department is
responsible for periodically updating the Engineering Standards, and
WHEREAS, the Engineering Standards are necessary to ensure that public
works facilities are designed and constructed to minimum acceptable standards
to protect the health, safety and welfare of the public, and
WHEREAS, legally adopted Engineering Standards are necessary to provide
"design and plan immunity" thereby protecting the city from possible liability,
and
WHEREAS, the Engineering Division has completed an extensive revision and
expansion of the current Engineering Standards,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Son
Luis Obispo, California hereby.:
1. Approves a booklet prepared by the Engineering Division of the Public
Works Department setting forth City Engineering.Standards for construction of
public works projects, entitled "Engineering Standards," attached hereto marked
Exhibit "A" and incorporated herein by reference.
2.. Authorizes the Public Works Department to prepare and maintain a supply
of said booklet for distribution.
On motion of Councilman Settle , seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
DrAoi,
0
Resolution No. 6494 (1988 Series)
Page 2
the foregoing Resolution was passed and adopted this 6th day of
September 1988.
MAYOR Ron Dunin
i
ATTEST��
CITY CLERK Pam VbVes
APPROVED:
1�
City Administrative Officer
City At rney
Director of Public Works
/City Engineer
mdw2 /rev -sr
by
F1 /z-,
o •
RESOLUTION NO. 6493 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO UPDATING THE LIST OF CITY
EMPLOYEES AND COMMISSION MEMBERS REQUIRED
TO FILE A CONFLICT OF INTEREST STATEMENT
AND RESCINDING RESOLUTION NO. 6299 (1988 SERIES)
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Designated city employees and commission members listed on
the attached Exhibit "A" shall be required to file a Conflict of Interest
Statement with the City Clerk.
On motion of Councilman Settle, seconded by Councilwoman Rappa ,
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 6th day of
September, 1988.
MAYOR RUN
ATTE
CITY LERK PAMELA VOG
Approved: 1�
A nis ative Officer
Citxk Clerk
- X411-1-
City At rney
L,
R6493
u
DEPARTMENT POSITION TITLE
0
DESIGNATED POSITIONS* EXHIBIT "A"
Administrative Office: Assistant Administrative Officer
Assistant to the CAO
Transit and Contracts Coordinator
Executive Secretary
City Attorney: Assistant City Attorney
City Clerk's Office: City Clerk
Community Development Dept. Director of Community Development
Principal Planner
Senior Planner
Associate Planner(s)
Assistant Planner(s)
Chief Building Official
Plan Check Engineer
Building Inspector(s)
Administrative Assistant
Permit Coordinator
Finance Department: Director of Finance
Assistant Treasurer
Chief Accountant
Financial Systems Manager
Fire Department: Fire Chief
Battalion Chief(s)
Battalion Chief (Fire Marshal)
Fire Captain (Prevention)
Fire Prevention Inspector
Personnel Department: Personnel Director
Personnel Analyst(s)
Secretary I (Confidential Employee)
Police. Department: Chief of Police.
Police Captain(s)
Police Lieutenant(s)
Technical Services Coordinator
Public Works Department: Director of Public Works
Administrative Analyst
Projects Manager
Street Manager
Parking Program Coordinator
Building and Parks Manager
Public Works Inspector(s)
City Engineer
Supervising Civil Engineer(s)
Engineering Assistant(s)
Engineering /Field Supervisor
Surveyor
J�
0
Page 2
Public Works Department:
Recreation Department:
Utilities Department:
COMMITTEES /COMMISSIONS
Architectural Review Commission
Housing Authority
BIA Administrator
0
Engineering Technician
Supervising Mechanic
Maintenance Supervisor
Crew Leader(s)
Arborist
Golf Course Supervisor
Building Maintenance Supervisor
Director of Recreation
Director of Utilities
Utilities Engineer
Water Supply & Distribution Supervisor
Utilities Maintenance Supervisor
Water Treatment. Plant Supervisor
Wastewater Treatment Plant Supervisor
Industrial Waste Inspector
*Or as hereafter may be reclassified.
NOTE: Temporary positions may be required to file a Conflict of Interest
Statement upon determination by the City Attorney that the temporary position is
the functional equivalent of a designated position.
City Councilmembers, Planning Commissioners, City Administrative Officer and
City Attorney are required to file pursuant to State mandate using Form 721 and
are, therefore, not shown as designated positions by the City.
Clerk 11A /List
�i� � �
�% L�.��
• i
Resolution No. 6492 (1988 Series)
A RESOLUTION APPROVING THE TRANSIT AGREEMENT
BETWEEN THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY
CALIFORNIA POLYTECHNIC STATE UNIVERSITY, SAN LUIS OBISPO, AND THE
CITY OF SAN LUIS OBISPO FOR ROUTE SUBSIDY TO SLO TRANSIT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1. That Transit Agreement SA #88/075 between the Trustees of the
California State University, California Polytechnic State University,
San Luis Obispo, and the City of San Luis Obispo is approved and the
Mayor is authorized to execute the same.
2. The City Clerk shall furnish a copy of this resolution and copies of
the agreement to:
Ray Macias
Procurement & Support Services Officer
California Polytechnic State University
San Luis Obispo, CA 93407
On motion of Councilman Settle , seconded by Councilwoman Rappa,
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 6th day
of September , 1988.
ATTE
CI CLERK PAMELA E
APPROVED:
City Administrative Officer
City At rney
YOR RON DUNIN
ire�f Finance
Pr AQ7
�,i� i �
Fi �� ,�
1��.��
-� �J��
�M1
1�
�V
STANDARD AGREEMENT ATrOR14EYY GENERAL KEP T}''� COPY
STATE OF CALIFORNIA
STD. 2 (REV. 2/Bi!.
TIIIS "AGREEMENT, made and entered into this 29th date of July 19 88
in the State of California, by and between State of California, through its duly elected or appointed,
qualified and acting
❑
CONTRACTOR
❑
STATE AGENCY
❑
DEPT. OF GEN. SER.
❑,
CONTROLLER
PARTNEPSHIP. ETCJ
CITY OF SLO TRANSIT SYSTEM
BY [AUTHOR,SIGV RE)
El
BY IAVTNO I TUREI
X �—
Affirmative Action Employer
TITLE OF OFFICER ACTING FOR STATE AGENCY hereafter called t to State, an CONTRACT NUMBER AM. NO.
Procurement & Support Services. Cal Poly
"State °Universit "'San Luis Obispo. SAfl88 /075
1.111: . , hereafter called the Contractor. CONTRACTORS I.D. NUMBER
CITY OF SAN LUISOBISPO TRANSIT SYSTEM
WITNF_SSETH: That the' Contractor for and in considl ration' of `the' covenants, conditions, agreements, and stipulations of the State
hereinafter expressed; does hereby agree to furnish to the State'services'and materials, as follows:
(St-1 forth seraire to br renderrd by Contractor. arno ntt t6 he (mid Contractor, lime for perfornlancC or cOrnplefion, and attach I)laas and spCcifieations, i f any.)
CITY OF SAN LUIS OBISPO
TRANSIT,SYSTEM
Exhibit "A ", attached hereto is -made a part of this agreement by reference thereto.
The period of this agreement is from July 1, 1988 through June 30, 1989.
Fiscal Year 1988 =89 Fee Calculation listed on letter attached, marked
Exhibit "BIT, becomes a part,of this agreement.
CONTINUED ON —SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the rcvcrs< side hereof constitute a part of this agreement.
IN WITNESS \\/HEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA
CONTRACTOR
AGENCY The Californi University
CONTRACTOR aF OTHER THAN AN INDIVIDUAL STATE WHETHER A CORPORATION.
Cal Poly State sit , San Luis Obispo
PARTNEPSHIP. ETCJ
CITY OF SLO TRANSIT SYSTEM
BY [AUTHOR,SIGV RE)
BY IAVTNO I TUREI
X �—
X
PRINTED NAWL OF PERSO SIGNING
AME AND TITLE OF PERSON SIGNING
Ray Macias
Ron Dunin, Mayor
TITLE
ADDRESS
Procurement & Support. Services Officer
P. 0. Box 8100, San Luis Obispo, CA 93403 -8100
AMOUNT ENCUMBERED
PROGRAM /CATEGORY ICODE AND TITLEI
FUND TITLE
S 74 086.80
I Bus Program for 1988
Parking
Department of General Services
Use Only
UNENCUMBERED BALANCE
(OPTIONAL USE)
S
James R. Landreth /VP for
Business Affairs
ADJ. INCREASING ENCUMBRANCE
ITEM
CHAPTER
STATUTE
FISCAL YEAR
S
1988 -89
ADJ. DECREASING ENCUMBRANCE
OBJECT OF EXPENDITURE (CODE AND TITLE)
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SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY
DATE
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Exhibit .A
TRANSIT AGREEMENT
is
This Transit Agreement ( "Agreement ") is made and entered into on
this 7th day of _ July _. 1987, by and between the CITY OF SAN LUIS
OBISPO, a chartered municipal corporation of the State of California,
hereinafter referred to as "City," and THE TRUSTEES OF THE CALIFORNIA
STATE UNIVERSITY, CALIFORNIA POLYTECHNIC STATE UNIVERSITY, SAN LUIS
OBISPO, hereinafter referred to as "University ;" jointly referred to
hereinafter as the "parties."
RECITALS
The parties enter into and execute this Agreement with knowledge of
and reliance upon the following facts:
1. City is the operator of a mass transit system known as "SLO
Transit" which provides public transportation service within the City of
San Luis Obispo and between the City of San Luis Obispo and University.
2. City and University entered into Interagency Agreement #85/037 on
July 16, 1985 in order to provide a No Fare Program for Cal Poly students,
faculty and staff using SLO Transit September 15, 1985 through June 14,
1986.
3. City and University entered into Amendment No. 1 to Interagency
Agreement 985 /037 and Interagency Agreement #86/058 on July 15, 1986.
Said Amendment and Agreement provided a No Fare Program for Cal Poly
students, faculty and staff using SLO Transit June 15, 1986 through June
30, 1986, and July 1, 1986 through June 30, 1987, respectively.
e'dt/— /
4. This No Fare Program has increased ridership on SLO Transit and
reduced the demand for automobile parking on the University campus by
providing for direct payment to City from University, which payment
entitles University students, faculty and staff to unlimited use of SLO
Transit during a specified period of time.
5. City and University wish to continue and expand the time period
for said Program.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual and respective
covenants set forth herein, and subject to all the terms and conditions
hereof, the parties agree as follows:
A. University shall pay to City a fiscal year.fee of Sixty Nine
Thousand One Hundred Twenty Four Dollars and Eleven -Cents ($69,124.11) for
the No Fare Program July 1, 1987 through and including June 30, 1988. Fee
shall be payable in semiannual payments on or before September 14, 1987
and February 14, 1988.. Said fee is calculated by the following formula:
A x B = C, where
A = total number of Cal Poly passengers riding SLO Transit
during Fiscal Year 1986 -87 as shown on the "SLO Transit
Operations Report," an example of which is attached and
incorporated by this reference (Exhibit A), and
B = twenty -.nine (29) cents, and
C = University fiscal year fee
u
0
B. Beginning July 1, 1988, and for each successive fiscal year
beginning on July lst while this Agreement is in effect, the fiscal year
fee shall be calculated according to the formula in Paragraph A, where 'W'
uses the fiscal year prior to the fiscal year during which said fee is due
and "W' is increased by one cent per fiscal year (for example, FY 1988 -89
30 cents, FY 1989 -90 = 31 cents).
The fee shall be adjusted each fiscal year in said manner until
such time that the Cal Poly fare revenue per Cal Poly passenger is equal
to the SLO Transit fare revenue less Cal Poly fare revenue per SLO Transit
passenger less Cal Poly passengers, using the data shown on the applicable
fiscal year "SLO Transit Operations Report ". At such time,, "B" shall be
equal to the SLO Transit fare revenue less Cal Poly fare revenue per SLO
Transit passenger less Cal Poly passengers. Exhibit B of Agreement shows .
an example of fare revenue calculations using Exhibit A data.
The fee shall be payable in semiannual payments on or before
September 14th and February 14th of the applicable fiscal year.
C. In consideration of the payment described in Paragraph A or
Paragraph B, City shall allow University students, faculty and staff
unlimited use of SLO Transit services during normal operating hours, and
at existing levels of 'service for the applicable fiscal year, provided
that said students, faculty and staff shall show a current University
identification Card to the driver of any SLO Transit bus before boarding.
City shall not be required to increase its service level above that
currently existing, nor to change routes, times, or schedules, or add
buses. City reserves the right to change existing routes, times, and
schedules as it deems best for the benefit of the entire SLO Transit
system. City shall not charge or exact any additional fee from University
students, faculty or staff for use of SLO Transit services.
C 9q
E
D. Either party may terminate this Agreement at any time., without
cause, by giving ninety (90) days written notice to the other party.
Either party may terminate this Agreement immediately for cause at any
time by giving written notice to the other party. In the latter case,
termination shall be effective upon receipt. In the event of termination
of this Agreement, City shall refund to University, a proportionate amount
of the fee paid pursuant to Paragraph A or Paragraph B. The ratio of the
amount refunded to the total fee paid pursuant to Paragraph A or Paragraph
B shall be equal to the ratio of weeks (or part of a week) elapsed from
July l.of the current fiscal year, to 52 weeks.
E. This Agreement is not assignable. Any assignment or attempted
assignment by University shall be void, shall confer no rights on any
third party, and shall be good cause for termination of this Agreement by
City at its option.
F. Neither University nor any of University's agents or contractors
are or shall be considered to be agents of City in connection with, the
performance of University's rights and obligations of this Agreement.
Neither City not any of City's agents or contractors are or ,shall be
considered to be agents of University in connection with the performance
of City's rights and obligations under this Agreement_
G. Unless otherwise provided, all notices required herein shall be in
writing and delivered in person or sent by registered or certified mail,
C -14- �o
postage prepaid, return receipt requested. Notices required to be given
to City shall be addressed as follows:
Transit Manager
c/o City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
Notices required to be given to University shall be addressed as follows:
James Landreth
Vice President for Business Affairs
California Polytechnic State University
San Luis Obispo, CA 93407
Provided that either party may change its address by notice in writing to
the other party and thereafter notices shall be addressed and transmitted
to the new address. Mailed notices shall be deemed received forty -eight
(48) hours after deposit in the U.S. mail.
H. This Agreement contains the entire Agreement between the parties
hereto relating to the unlimited use of SLO Transit by University and may
not be modified except by instrument in writing signed by the parties
hereto.
I. This Agreement has been entered into and is to be performed in the
State of California and shall be construed and interpreted in accordance
with the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the date and year first above written.
CITY OF SAN LUIS OBISPO
ATTEST:
be A -A00e
City Clerk Pamela Voges Mayor Ron Dunin
!71L 0 (Is if
Date
CALIFORNIA POLYTECHNIC STATE
UNIVERSITY AT SAN LUIS OBISPO
Vice President for Business Affairs
C' -�1-eI42
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RESOLUTION NO. 6255 (1987 SER16S)
A RESOLUTION APPROVING THE TRANSIT AGREEMENT
BETWEEN THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, CALIFORNIA
POLYTECHNIC STATE UNIVERSITY, SAN LUIS OBISPO, AND THE
CITY OF SAN LUIS OBISPO FOR ROUTE SUBSIDY Tb SLO TRANSIT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1. That the Transit Agreement between the Trustees of the California
State University, California Polytechnic State University, San Luis
Obispo, and the City of San Luis Ob:.po is approved and the Mayor is
authorized to execute the -same.
2. The City Clerk shall furnish a copy of this resolution and a copy of
the executed amendment and agreement tc:
Ray Macias
Procurement & Support Services Officer
California Polytechnic State University
San Luis Obispo. CA 93407
On motion of Councilman Settle .seconded by Councilman Griffin—. and
on the following roll call vote.:
AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this _jjh_ day of
-- _�1uly —. 1987.
MAYOR RON DUNIN
ATT
CIT CLERK PAMELA GES
sssssssassss
APPRGVED:
HAd stra tive Officer finance Director
City Attorney
R 6255
CItY 0 SATI 1u15 OBISPO
990 Palm StreetiPost Office Box 8100 , San Luis Obispo, CA 93403 -8100
EXHIBIT "B"
.1 !ly 22.. 1987
Mr. .lames R.. Landreth
Vice President for Business Affairs
California Polytechnic State University
SLO. CA '93407
Dear Jim:
2
JUL 2 •: 1988
BUSINESS AFFAIRS
Per the Cal Poly /City'No Fare Program Agreement for SLO Transit (SAtt87 /102).
calCUlations are shown below that indicate, the FY 1988 -89 Cal Poly 'fee. As
usual, the City will bill Cal Poly for this fee - -due in semiannual payments on
or before September 19th and February 14th.
FY 1988 -89 Cal Poly'Fee Calculation
246,956 Cal Poly passengers (7/1/87. G %30/88)
x 30 cents /passenger
$74. 086.80
The SLO Transit Operations Report is attached which indicates the number of Cal
Poly passengers.for FY 1987 -88.
Should you have any questions, please contact me (540- 7122)
continued cooperation with this successful program.
Best'Regards.
Nan y KKoflet
Transit Manager
attachment
C: Ries, Finance
Thanks for your
RESOLUTION NO. 6491 (1988 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN-AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
SAN LUIS SMALLBORE ASSOCIATION FOR RENTING REAL PROPERTY
LOCATED AT 35 PRADO ROAD
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 Smallbore Association is Hereby approved and
the Mayor is authorized to execute the same. '
SECTION 2. The City Clerk shall furnish a copy of this
resolution and a copy of the executed agreement approved by it to:
Smallbore Association; City Administrative Officer; Public Works Director:
On motion of Counciltem_ber Settle seconded by
Councilmember Rappa
and the. following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 6th'- day of
September_,._1988.
mayor Ron Dunin
Approved:
* * * * * * * * * * * * * * * * **
-- R6491
7-rl
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��������������ii i►��Illlllp�i��►►�I��� I city of sAn tuts oBi po
990 Palm Street /Post Office Box 8100 • San Luis Obispo, CA 93403-81 0 0
LEASE AGREEMENT
This agreement is made and entered into in the City of San Luis
Obispo, County of San Luis Obispo, State of California, on this 7
day of September, 1988, by and between the CITY OF SAN LUIS OBISPO, a
chartered municipal corporation of the State of California, hereinafter
referred to as "LESSOR," and the SAN LUIS SMALLBORE ASSOCIATION,
hereinafter referred to as "LESSEE," jointly referred to hereinafter as
"parties."
RECITALS
The parties enter.into and execute this agreement with knowledge of
and reliance upon the following facts:
1. LESSOR is the owner of the real property and all improvements
thereon, commonly known as 35 Prado Road, and specifically including that
single improvement described as:
A concrete building, approximately 50 feet by 90 feet in size, located
near the northeast corner of the San Luis Obispo County Assessor's
Parcel Number 53- 051 -45. The structure is adjacent to the City
Corporation Yard, the Sewer Treatment Plant, and ECO -SLO, in the Fire
Training Site.
2. LESSEE, a non - profit, California tax- exempt corporation (Tax I.D.
#D- 0583558 SLISA), in accordance with a previous informal, oral agreement
between the parties, constructed the structure described in paragraph one.
o •
Since the construction, LESSEE has used the structure as a firing
range for rifle and pistol instruction without payment of rent or any fee
or consideration to LESSOR.
3. LESSEE desires to continue to use the structure.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual and respective
covenants and promises set forth herein, and subject to all the terms and
conditions hereof, the parties agree as follows:
a. Premises: LESSOR hereby.leases to LESSEE and LESSEE hereby
leases from LESSOR, for the term and at the rental and upon the conditions
hereinafter set forth, that certain real property described above in
paragraph #1, (as depicted in red in attached diagram A) hereinafter
referred to as "the premises."
b. Term: The term of the agreement shall commence on the date this
agreement is entered into, and shall continue each year thereafter and
automatically renew itself unless sooner terminated as hereinafter
provided.
c. Termination: Notwithstanding any other provision of this lease,
LESSOR may terminate this agreement at any time without cause, by giving
ninety (90) days written notice to the LESSEE. LESSOR agrees not to
terminate this agreement without cause for the period of four (4) years.
d. Rent: LESSEE agrees to pay LESSOR as rent for the leased premises
$1.06 (one dollar), payable in advance, annually, on the 31st day of
January. LESSEE shall pay the LESSOR the first three (3) years rent upon
execution of this lease by both parties hereto. In the event this lease
is terminated, prepaid rent will be prorated. All checks shall be made
payable to the "City of San Luis Obispo," and shall be sent to the LESSOR
at the address to which notices to LESSOR are given.
e. Use---of Premises: The leased premises shall be used by the LESSEE
for a smallbore (,22 caliber) shooting range and instructional facility.
LESSEE agrees and covenants to use and maintain the premises and to devote
the same only to such purpose. LESSEE agrees to use the facility after
normal business hours only (5.p.in. -12 midnight Monday through Friday and
all day Saturday and Sunday), and further agrees that LESSOR retains the
right to make use of the facility during normal business hours (8 a.m. -5
p.m. Mon =Fri). Except in the case of activities directly sponsored by the
LESSEE and related to the facility (tournaments, competitions, etc.), the
premises shall.not be used for any other purpose without the prior written
consent of LESSOR. Notwithstanding any other provisions of this agreement,
if at any time during the term or any renewals.hereof, said premises are
used for or devoted to any other purpose or purposes, excepting directly
sponsored activities, without the prior written consent of LESSOR, LESSOR
may immediately terminate the lease without any notice whatsoever, and
LESSOR, .its officers, or agents, may re -enter and take possession of said
premises and.remove all persons therefrom.
C,
f. Utilities: LESSEE shall be solely responsible for all utilities
on the premises, including installation, maintenance and payment for all
services.
g. Maintenance of Premises: LESSEE agrees to keep and maintain the
premises in good order and condition at its expense to the satisfaction of
LESSOR. Upon vacating the premises, LESSEE further agrees to remove from
the interior walls and /or ceiling any hazardous material.which may have
been deposited or generated by LESSEE'S activities. LESSOR reserves the
right at any time to make such reasonable rules and regulations as in its
judgment may from time to time be necessary for the safety, care, and
cleanliness of the premises, and LESSEE hereby agrees to strictly comply
therewith. In the event that LESSEE fails to maintain the premises to the
satisfaction of the LESSOR, the LESSOR reserves the right to terminate
this agreement for such cause.
h. Nuisance: LESSEE shall not commit or suffer to be committed
nuisance, waste, or unlawful act in or about the premises.
i. Compliance with laws: LESSEE agrees and promises to comply with
and obey all applicable federal, state, county, and municipal laws,
ordinances or regulations; including, but not limited to, those pertaining
to discrimination, zoning, land use, or public health, safety and welfare.
j. Assignment: The use of the premises authorized herein is of a
personal nature, and assignment, sublease, or transfer by LESSEE of this
agreement or of any privileges given hereunder shall not be permitted.
LESSEE agrees not to assign this lease nor sublease nor sublet the leased
premises or in any other manner part with possession or occupation of the
same without the prior written.consent of LESSOR.
k. LESSEE not agent of LESSOR: Neither LESSEE nor any of LESSEE's
agents or contractors are or shall be considered to be agents of LESSOR in
connection with LESSEE's rights and obligations under this agreement.
1. Release: LESSOR shall not be responsible to LESSEE for any loss
of property from said premises, however occurring. LESSEE hereby waives
any and all claims for damages that may be caused by LESSOR in re- entering
and taking possession of the premises thereby and all claims for damages
to or loss of property belonging to LESSEE, its agents, officers or
members, as may be in or upon the premises at the time of such
re- entering. LESSEE also waives any and all claims against LESSOR for
damages to any property of LESSEE from any cause arising at any time.
M. Indemnification: LESSEE agrees to and shall defend, indemnify,
and save harmless LESSOR and its officers, agents, and employees, from and
against any and all claims, demands, liability, cost, expenses, damages,
causes of action and judgments for loss or damage to property or for death
or injury to persons, in any manner arising out of this agreement or out
of the performance or attempted performance of the provisions hereof,
including, but not limited to, any act or omission to act or act of
negligence by LESSEE, its agents, employees, sublessees, or independent
contractors directly responsible to LESSEE excepting only such injury or
death as may be caused by the sole negligence or willful conduct of
LESSOR, or its officers, agents, employees, or independent contractors
directly responsible to LESSOR.
n. Insurance: LESSEE agrees to and shall take out and maintain
during the entire time of this agreement, in companies acceptable to
LESSOR, a public liability and property damage insurance in the amount of
at least one million dollars ($1,000,000) combined single limit for bodily
injury and property damage. All such insurance or the endorsements must
indclude the following provisions:
(1) If the insurance policy covers on an "accident" basis, it must be
changed to "occurrence."
(2) The policy must cover personal injuries as well as bodily
injuries. (3) The policy shall include coverage for errors or
ommissions by LESSOR and its officers, agents; employees, independent
contractors directly responsible to LESSOR.
(4) The policy shall require the insurance carrier to give LESSOR in
writing thirty (30) days prior notice of any cancellation of such
insurance or a reduction in the amount thereof, or any major policy
change.
(5) The policy shall provide that the insurance will act as primary
insurance and that no other insurance effected by LESSOR or other named
insureds will be called to contribute to the loss covered thereunder.
(6) The City of San Luis Obispo, its officers, agents and employees
shall be named as additional insureds under the policy.
Approval of the insurance by LESSOR should not relieve or decrease the
extent to which LESSEE may be held responsible for payment of damages
resulting from its operation, use and / or possession of the premises..
o. Effective Waiver: LESSOR's waiver of breach of any one term,
•
covenant, or other provision of this agreement is not a waiver or breach
of any other terms, nor subsequent breach of the term or provision waived.
p. Surrender of possession: At the expiration or termination of this
agreement, LESSEE promises and agrees to deliver unto LESSOR, the said
demised premises in as good condition as of the date this agreement was
entered into, reasonable wear and tear expected.
q. Notices: Unless otherwise provided, all notices required herein shall
be in writing, and delivered in person or sent by United States mail,
postage prepaid. Notices required to be given to LESSOR shall be
addressed as follows:
City Administrative Officer
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA .93403 -8100
Notices required to be given to the LESSEE shall be addressed as follows:
San Luis Smallbore Association
Spencer Kulick, Secretary /Treasurer
P.O. Box 1465
San Luis Obispo, CA 93406
n
C 0
It is provided that either party may change its address by notice in
writing to the other party and thereafter notices shall be addressed and
transmitted to the new address. IN WITNESS WHEREOF the parties hereto have
executed this agreement as of the date and year first above written.
Approved as to form:
by
City A o y
ATTEST:
P VOGES, CITY CLERK
LESSOR
CITY OF SAN LUIS OBISPO
BY' /�
MAYOR RON DUNIN
LESSEE
SAN LUIS SMALLBORE ASSOCIATION
BY
KULICKL, SECRETARY /TREASURER
Resolution No. 6490 (1988eries)
Used for tracking purposes only — HRC Grants —In -Aid
ur%aAn
0 Resolution No. 6489 0988 *ies)
Used for tracking purposes only - PCC Grants -In -Aid
R6489
C� r
RESOLUTION NO. 6488 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUIRING
WATER- CONSERVATION FEATURES FOR PROJECTS RECEIVING WATER ALLOCATIONS
WHEREAS, the council has adopted Water Allocation Regulations which enable the
council to require water- conservation features for projects obtaining water allocations;
and
WHEREAS, the council finds that establishing these requirements is not a project for
purposes of environmental review; and
WHEREAS, the council has considered the report and recommendation of staff concerning
potential water- conservation features; and
WHEREAS, the council has considered the housing cost impacts( as provided in the
general plan Housing Element program #22); the council has determined that the
requirements will cause a minor increase in construction costs and minor savings in
utility costs, anbd therefore they will not significantly increase the cost of housing
overall;
NOW, THEREFORE, the council resolves that the following features will be required for
all projects obtaining a water allocation:
Effective September 1, 1988:
1. For all new hotels, motels, group - quarters or congregate housing, a circulating
hot -water system.
2. Prohibited: Any water body, supplied by potable sources, with a surface area
greater than 1,000 square feet, exposed directly to the atmosphere.
Effective January 1, 1989:
3. Toilets with a maximum flush of 1.5 gallons.
On motion of ..Counclman.Sett le. , seconded by Councilwoman „Rappa,
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Reiss and Mayor Dunin
NOES: Councilwoman Pinard
ABSENT: None
the foregoing resolution was passed and adopted this 16th day of August , 1988.
Mayor Ron Dunin
ATTEST:
Cit Clerk Pam Os
11TI-M:I ?
0 0
Resolution No. 648.8.. . _ .... (1988 Series)
Page 2
APPROVED:
City Ad ,oinistrative Officer
— . ie:y Cit�v Ir
A44 Y4
Community Development Director
��� • r
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RESOLUTION NO. 6487 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DETERMINING ELIGIBILITY FOR THE WATER ALLOCATION
SPECIAL RESERVE
WHEREAS, the council has adopted Water Allocation Regulations which enable the
council to designate specific development areas as eligible for the special reserve for
large, phased projects; and
WHEREAS, the council finds that this determination is not a project for purposes of
environmental review; and
WHEREAS, the council has considered the report and recommendation of staff concerning
areas potentially eligible for the special reserve;
NOW, THEREFORE, the council resolves as follows:
Projects within the Edna -Islay Specific Plan area shall be eligible for the special
reserve.
On motion of ..Councilman. Settle. , seconded by „Counci.lwoman „Rappp
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 16th day of ,August , 1988.
Mayor Ron Dunin
ATT ST:
Cit Clerk Pam oges
gm4 /sr -res
R6487
Resolution No. „ 6487 (1988 Series)
Page 2
APPROVED:
.... .. .inistrative ....
.. Officer ....
City Atto ey
......... ...............................
Community Development Director
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G 0 I
RESOLUTION NO. 6486 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADOPTING A FEE FOR THE FILING OF INITIATIVES.
WHEREAS, the California Elections Code was amended in 1988 regarding
election filing fees to require that a filing fee be adopted by the City
Council and charged proponents for filing with the City Clerk a notice of
intent to circulate petitions (Elections Code Sections 4002 and 4002.5);
and
WHEREAS, the City Attorney is required to prepare a ballot title and
summary within fifteen days of receiving a notice of intent to circulate a
petition; and
WHEREAS, the City Clerk is required to examine the sufficiency of an
initiative petition once signatures have been gathered; and
WHEREAS, the City Council is desirous of helping to defray costs
associated with election requirements to determine the sufficiency of
petition signatures.
NOW, THEREFORE, BE IT RESOLVED as follows: Any person filing a Notice
of Intent to circulate a petition with the City Clerk shall pay a fee of
one dollar ($1.00) to be refunded to the filer if, within one year
of the filing the notice of intention, the City Clerk certifies the
sufficiency of the petition.
On motion of Councilman Settle , seconded by Councilwoman Rappa,
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of August ,
1988.
86486
o
Resolution No. 6486 (1988 Series)
ATTES :
--- —2--
CIT CLERK PAM VOGES
E3E3E3K3E3E3
Approved:
�1
City Administrative Officer
Page 2
e� -
RON DUNIN
lam.
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0
RESOLUTION N0.6485 (1988 SERIES)
A RESOLUTION OF,THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A FEE FOR THE ISSUANCE AND RENEWAL OF SECURITY
AND FIRE ALARM PERMITS.
Whereas, the Municipal Code of the-City of San.Luis Obispo
requires that a fee be established by the City Council for the issuance
and renewal-of security and fire alarm permits (San Luis Obispo Municipal
Code Section 15.12.050 (B)(1)); and-
Whereas, the Police and'Fire'Departments are required to issue
alarm permits, maintain current permit files, respond to alarm
activations, track false alarms, and -renew alarm permits every two years;
and
Whereas, the City Council desires to defray costs associated with
alarm permits, .
NOW, THEREFORE BE IT RESOLVED as follows: Any person•fi.ling an
application for security or fire alarm permit shall pay a fee of five
dollars ($5_00). All permits shall - expire on the first day of July of
each even - numbered year.
On motion of Councilman Reiss , seconded by Councilman Settle
on the followino roll call vote:
Ayes: Councilmembers Reiss; Settle,; Pinard; Rappa and Mayor Dunin
Noes: None
Absent: None
the foregoing Resolution was passed and adopted this 16th day of Ajj st ,
198B.
'MAYOR RON DUNIN
ATTEST:
• 1
Pa Voges, City Clerk
R6485
Resolution,No. 6485
Z
APPROVED:
ity A in' a "ve Officer
f
;hi A rney
of'/Po I ice
2
(1988 Series)
f'D
RESOLUTION NO. 64 U4 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF VESTING TENTATIVE TRACT NO. 1360
LOCATED AT 4400 POINSETTIA 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 vesting
tentative map of Tract 1360 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 the Edna Islay area.
2. The site is physically suited for the type and density of development 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 proposed subdivision is
substantially in compliance with the Edna Islay Specific Plan and that an
environmental impact report was certified for the specific plan, and no further
environmental study is needed.
SECTION 2. Conditions. That the approval of the vesting tentative map for Tract
1360 be subject to the following conditions:
1. Multiple final maps may be filed.
2. Development of the subdivision must be in accordance with the Edna -Islay Specific
Plan.
3. Fire protection facilities required by the fire department are to be installed by the
developer. Such facilities, including all access roads, shall be installed and made
serviceable prior to and during the time of building construction.
4. All structures will require an approved, automatic fire - sprinkler system, to the
satisfaction of the Fire Department.
5. Recontoured banks of the creek will be revegetated with indigenous plant species that
are drought resistant, require minimal maintenance and that are suitable for wildlife
in the area.
I
R6484
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Resolution No. 6484 (1988 Series)
Tract 1360
Page 2
6. Bicycle /pedestrian paths shall be designed in accordance with the Edna -Islay Specific
Plan, to the approval of the Community Development Director.
7. Access points to the creek shall be located and improved to the satisfaction of the
Community Development Director and City Engineer.
8. A creek protection and restoration plan must be submitted to the approval of the City
Engineer and Community Development Director, along with improvement plans. Such plan
must show improvements to the creek extending from the bicycle /pedestrian path (where
it is proposed) to 20' beyond the top of bank on the opposite side, including all
landscaping and erosion protection methods.
9. The edge of the bicycle /pedestrian path closest to the creek shall be set back at
least fifteen feet from the top of bank, except for areas within 120 feet of the
Poinsettia Street right -of -way and where the path enters the creek to go under the
railroad. In those places where the.path is nearer than fifteen feet, dense
vegetation shall be planted between the path and the creek.
10. The creek crossing method must be within the guidelines established in the Flood
Prevention Policy adopted by the city, unless an alternative is specifically approved
by the council.
11. Access to the creek will be provided to the satisfaction of the Community Development
Department. Improvements to allow access shall be shown on the creek protection and
restoration plan.
12. Detention basins shall be unfenced and maintained by the tract homeowner's
association. A maintenance schedule and reporting procedure shall be submitted to
the City Engineer for review and approval. The schedule shall include periodic
reports to the city on the condition of the basin.
13. The neighborhood park shall be completed in phases, as described in the Edna -Islay
Specific Plan and approved as part of Tract 1235. The subdivider shall record a lien
or alternative approved by the Community Development Department, equal to $750 per
unit for park improvements, to become due and payable to a special fund, maintained
by the city, upon transfer of the lots or dwelling units.
14. All street lights must be spaced less than 200' to 250' apart, per city standards, to
the satisfaction of the City Engineer.
15. Water acreage fees and sewer lift station charges are required to be paid prior to
recordation of the Final Map.
16. All lots must be served by individual water, sewer, and utilities.
17. All public improvements must comply with city standards and are subject to
modifications to the satisfaction of the City Engineer.
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Resolution No. 6484 (1988 Series)
Tract 1360
Page 3
18. Final plans must provide for drainage between Wisteria and Lily and also between
Tulip and Yarrow to the satisfaction of the City Engineer.
19. Final map must indicate the existing flood zone per the Flood Insurance Rate Map.
All residences in the flood zone must have finished pads a minimum of one foot above
the 100 year storm elevation. Flood map amendment must be processed with FEMA by
developer's engineer to eliminate flood insurance requirements for those lots
adjacent to the channel.
20. Subdivider must submit plans and calculations that specifically address the effects
of all proposed grading within the flood zone. Plans must indicate any impacts
during a 100 -year storm to the satisfaction of the City Engineer, Department of Fish
and Game, and the Corps of Engineers.
21. The detention basin must be designed per standard established by the Edna -Islay
Specific Plan and to the satisfaction of the City Engineer. Detention basin must be
protected against erosion from the adjacent creek.
22. All lots must drain to the street or as approved by the City Engineer.
23. The emergency access road must be constructed with an all- weather surface to the
satisfaction of the City Engineer and Fire Department. This road must extend to the
creek and southeasterly tract boundary, or other access must be provided for
maintenance of the creek area, to the satisfaction ofi Public Works and Community
Development Departments..
24. A Public Utility Easement must be provided for in the buffer area adjacent to lot 40
for the possible future extension of public utilities, sewer, and water.
25. All residential water services must be sized to accommodate fire sprinklers to the
satisfaction of the Fire Department.
26. The developer must dedicate a 1 -foot vehicular non - access strip at the southerly end
of Goldenrod Lane, to the satisfaction of the City Engineer, and install a standard
city barricade in this location.
27. Phasing of this tract and utilities may require off -site utility extensions within
subsequent phases, to the satisfaction of the City Engineer.
28. The subdivider shall inform future lot buyers of the possibility of building permit
delay based on the city's water shortage. Such notification shall be made a part of
the recorded documentation for each lot.
29. The subdivider shall number all lots in the tract consistent with city- approved
addressing plan.
0 0
Resolution No. 6484 (1988 Series)
Tract 1360
Page 4
30. Grading plans must 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.
31. 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 the homeowner's association.
The subdivider shall include the following provisions in the CC &R's for the Tract:
a. Maintenance of linear parks, railroad buffer areas, and all storm water
detention basins shall be by the homeowners' 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.
32. The subdivider shall provide for street furniture and signs for transit systems, to
the satisfaction of the Mass Transit Committee.
On motion of Councilwoman Pinard� seconded by Councilman Reiss
and on the following roll call vote:
AYES: Councilmembers Pinard, Reiss, Rappa, Settle and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 16th day of August
1988.
'Mayor Ron unin
AT
Cit Clerk pa Voges
C'
Resolution No. 6484 (1988 Series)
Tract 1360
Page 2
APPROVED:
tive Officer
City A
Commun' y Development Director
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RESOLUTION NO. 6483 (1988 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S
ACTION DENYING AN EXCEPTION TO ALLOW A FREE - STANDING BANNER
SIGN AND A ROOF - MOUNTED BANNER SIGN AT THE
TRAVELODGE MOTEL AT 950 OLIVE STREET
WHEREAS, the applicant requested an exception .to allow a free- standing banner sign
and a roof- mounted banner sign at the Travleodge Motel at the above address; and
WHEREAS, the Architectural Review Commission reviewed the request at its July 18,
1988, meeting and denied the exceptions based on the finding that there were no
exceptional circumstances which would justify exceptions to the sign regulations; and
WHEREAS, on July 25, 1988, the applicant appealed the Architectural Review
Commission's action to the City Council; and
WHEREAS, on August 16, 1988, the City Council conducted a duly noticed public
hearing to consider the testimony of the appellant and other interested parties;
NOW, THEREFORE, the council of the City of San Luis Obispo upholds the appeal and
approves both the freestanding banner sign and the roof - mounted banner sign based on the
findings that the site and /or exceptional design of the signs meets the intent of the
regulations and is compatible with surrounding signs and development.
R6483
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Resolution No. 6483 (1988 Series)
Page 2
On motion of Councilwoman Rappa , seconded by
Councilwoman_ Pinard , and on the following roll call vote:
AYES: Councilmembers Rappa, Pinard, Reiss, Settle and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 16thday of August
1988.
AJI
i
Mayor Ron Dunin
ATTEST: ( q
- 2 V
CiO Clerk P m Voges
APPROVED:
City A4ministrative Officer
City torney //
Communit evelopment Director
� -D D '
Q C -5
RESOLUTION NO. 6482 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT 1376, UNITS I & II
(The Pacifica Corporation, Subdivider)
WHEREAS, the City Council made certain findings concerning Tract 1.376
as contained in Resolution No. 6027 (1986 . Series), and
WHEREAS, all conditions required per Resolution No. 6027 (1986
Series), have been met or are bonded for,
NOW THEREFORE BE IT RESOLVED, that final approval is hereby granted
for Tract 1376, Units I and II; and the Mayor is hereby authorized to
execute the subdivision agreement and the Southern Pacific Transportation
Company railroad indentures. The City Clerk shall cause the railroad
indentures and other off -site easements to be recorded. The park -in -lieu
fees paid under this tract shall be refunded to the subdivider upon
dedication of the park required under the Edna -Islay Specific Plan (Islay
Area).
On motion of Councilwoman Pinard , seconded by Councilman Reiss
and on the following roll call vote:
AYES: Councilmembers Pinard, Reiss, Rappa, Settle and Mayor Dunin
I
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of
August 1988.
r—
MAYOR Ron Dunin
ATTEST:
CL ut
CIT CLERK Pam jogee
if i! i4 iF K iF K M
R6482
Resolution No. 6482 (1988 Series)
Page Two.
APPROVED:
City Ad inistrative Officer
?L b-&W, k2a "tdW2�
Community Development Director
City Engineer
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by
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STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this 16th day of August by and
between The Pacifica Corporation, A California Corporation , herein
referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein
referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State
of California, a description of which is shown on final map of Tract 1376
- Units L and II, City of San Luis Obispo, California, as approved by the
City Council, on the 16th. day of August 1988 .
The Subdivider desires that said Tract 1376 - Units I and II be
accepted and approved as a final.map pursuant tc the Subdivision
Regulations of the City of Son Luis Obispo (Titla 17 of the San Luis
Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to
install the improvements as set forth on the plcns therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree
to construct and install the following subdivision improvements in
accordance with said subdivision regulations, and in accordance with
approved plans and specifications on file in the office of the City
Engineer, City of San Luis Obispo, to wit:
1
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1. CURBS, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER.MAINS, including sewer laterals to the
property line and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each
public utility shall be required to file a letter stating that the
developer has properly installed all facilities to be provided by
him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated
and to the plans and specifications on file and approved by said City
Engineer.
The lines and grades for oil of said improvements shall be established
by the Subdivider in accordance with said approved plans and
specifications.
The Subdivider agrees that the work of installing the above
improvements shall begin within thirty (30) days from the date of
recording of the final map, and that the work shall be completed within
eighteen (18) months of said recording date, unless an extension has been
granted by the City, provided that if completion of said work is delayed
by acts of God or labor disputes resulting in strike action, the
Subdivider shall have an additional period of time equivalent to such
period of delay in which to complete such work. Any extension of time
hereunder shall not.operate to release the surety on the Improvement
2
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Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 2819 of the Civil Code of the State of
California.
No building permits will be issued nor occupancy granted after the
expiration date of the agreement until completion and acceptance of ail public
improvements unless specifically approved by the City.
The Subdivider does also agree to comply with the following conditions
established by the Planning Commission and /or the City Council:.
1. The Subdivider has paid the following fees, in addition to bonds and
inspection fee:
(a) A monumentation guarantee of $7,200.90 to cover the installation of
survey monuments in accordance with the approved map and payment for
same. Said deposit will be released to the Subdivider upon receipt by
the City of a letter from the Engineer /Surveyor indicating he has
completed the work and has been paid.
(b) Water acreage fees of .$40,603.00 (21.37 AC x $1900/AC).
(c) Rockview -Tank Farm sewer lift station fees of $8,433.67 (21_.37 AC x
$131.55 x 3).
(d) Park -in -lieu fee of_$57., 451. 68'(352 -x .005 x1,:324,653)
40.58
2. The Subdivider shall be responsible for landscaping Tank Farm Road parkway,
according to the conditions of the approval, plans and Edna -Islay Specific
Plan and shall be responsible for maintenance until taken over by the City.
3. Subdivider shall provide for payment of $750.00 to the City through escrow
for each dwelling unit as a park development fee. These payments are
payable prior to occupancy releases or property transfers in lieu of filing
liens as prescribed in Condition 25 of Resolution No. 1376 (1986 Series).
4. The Subdivider hereby agrees to move any sewer main that is installed in an
undeveloped area if subsequent development does not locate streets or other
acceptable easement areas over the sewer main in ultimate development.
5. The Subdivider hereby agrees to complete the first phase of creek
improvement plans prior to building permits on Lots 65 through 87 and to
complete improvements prior to occupancy of any houses on said lots. This
includes fencing, paths, erosion control anu landscaping. The creek plans
for the area adjacent to the first phase may be submitted separately for
this purpose. (Per Condition 20 of Resolution 6027 - 1986 Series).
3
6. The Subdivider has installed the Bullock Lane waterline per Condition 28 of
Resolution 6027 (1986 Series), pursuant to an agreement per Resolution No.
6214 (1986 Series). Subdivider is entitled to reimbursement as specified
in said agreement. Costs for litigation to obtain waterline easement(s),
including the portion of Bullock Lane fronting on that parcel commonly
known as 3590 Bullock Lane, San Luis Obispo, California, are to be the
subdivider's responsibility, per said agreement.
7. The Subdivider hereby agrees to construct and landscape the detention basin
and related area to City approval. The Subdivider shall establish a
maintenance and inspection program for the detention basin and shall be
responsible for maintenance until turning the responsibility over to the
Homeowner's Association.
8. The Subdivider has posted a $2000 deposit to guarantee the installation of
street furniture for transit systems (per Condition 17 of Resolution No.
6027 - 1986 Series).
The restoration of lost section corners and retracement of section
lines within the Subdivision shall be in accordance with Division 4,
Chapter 15 of the Land Surveyors Act of the Professions and Vocations Code
of the State of California, paragraph 8771 et seq.
The Subdivider attaches hereto, as an integral part hereof, and as
security for the performance of this agreement, instruments of credit or
bonds approved by and in favor of the City of San Luis Obispo, and
conditional upon the faithful performance of this agreement. Said bonds
are in the total amount of $2;400,.000.00, which is the amount of the
estimated cost of remaining improvements. Subdivider agrees to remedy any
defects in the improvements arising from faulty workmanship or materials
or defective construction of said improvements occurring within twelve
(12) months after acceptance thereof. In accordance with Sections 66499.7
and 66499.9 of the Government Code of the State of California, upon final
completion and acceptance of the work, City will release all but 10% of
the improvement security, that amount being deemed sufficient to guarantee
faithful performance by the Subdivider of his obligation to remedy any
defects in the improvements arising within a period of one year following
the completion and acceptance thereof.
m
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Completion of the work shall be deemed to have occurred on the date
which the City Council shall, by resolution duly passed and adopted,
accept said improvements according to said plans and specifications, and
any approved modifications thereto.. Neither periodic nor progress
inspections or approvals shall bind the City to accept said improvements
or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed
time, the Subdivider agrees that City may, at its option, declare the
instruments of credit or bonds which have been posted by Subdivider to
guarantee faithful performance, forfeited and utilize the proceeds to
complete said improvements, or city may complete said improvements and
recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider agrees to deposit with the City labor and material .
bonds in the amount of 50% of the above described subdivision improvements
in accordance with State law.
Said Subdivider has deposited with the City the sum of $72,000.00 -(3 %.
of ,$2,400,000.00) in addition to $32,000.00 previously deposited prior to
start of work under Tract 1376 (Units I & II) (Fund #664) from which
deposit the City will pay the salary and expenses of an inspector or
inspectors to inspect installation of remaining subdivision improvements
and certify that they have been completed in accordance with the plans and
specifications. Any unexpended monies will be returned to the
Subdivider. In the event the inspection fees exceed the sum of
$72,000_00, the difference is to be paid, by the Subdivider.. The City
reserves the sole discretion in determining the amounts to be paid for
salary and expenses of said inspector or inspectors.
5
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In accordance with Title 16 of the Son Luis Obispo Municipal Code,
entitled "Subdivision," all plans and specifications on file with said
City Engineer as a part of said Subdivision Map, and all other documents
filed with the City by the Subdivider and approved by the City Engineer
are hereby referred to for further particulars in interpreting and
defining the obligations of the Subdivider under this agreement.
It is understood and agreed by and between the Subdivider and the City
hereto that this agreement shall bind the heirs, executors,
administrators, successors and assigns of the respective Parties to this
agreement.
It is agreed that the Subdivider will furnish the City copies of the
successful bidder's contract unit prices and total bid prices for all of
the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO
.Y,.
ATTEST:j
CITY CLERK Pam oges
Approved aq to form:
City Atjrney
_ /yC7 ^'� VCity Engineer
Agr -1.376
by
SUBDIVIDER
THE P I ORPORATION
alit nia Corporation
Bil Co lan
Vice President
6
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RESOLUTION NO 6480988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING THE SAN LUIS OBISPO COUNTY LAND CONSERVANCY
IN ITS EFFORTS TO FORMULATE A GREENWAY ACQUISITION
AND DEVELOPMENT PROGRAM FOR SAN LUIS OBISPO.
WHEREAS, San Luis Obispo's quality of life and the environment is strongly dependent
on the preservation of open lands, mountain peaks, streams and wetlands; and
WHEREAS, the city is working on long range plans that will address the preservation
of these important community resources; and
WHEREAS, the San Luis Obispo County Land Conservancy has interest, expertise and
specific experience in pursuing the conservation of important land resources; and
WHEREAS, the City feels that is appropriate to work with the Land Conservancy to
pursue common preservation goals.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. The San Luis Obispo City Council supports the efforts of the San Luis
Obispo County Land Conservancy to undertake feasibility studies to establish a
Greenway Acquisition and Development Program.
SECTION 2. The City Council supports the cooperative efforts of its staff working
with the Land Conservancy to pursue its long range goals for the preservation of open
space.
On motion of Councilman Settle seconded by Councilwoman Rappa, and on
the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the forgoing resolution was passed and adopted this 16thday of August 1988.
Ron Dunin, Mayor
ATTEST:
pou
Pa ela Voges, rt Clerk
R6481
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Resolution No. 6481(1988 Series)
Page 2
APPROVED:
City dministrative Officer
City A rne,y
Community Development Director
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RESOLUTION NO. 6480
(1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO AUTHORIZING EXECUTION OF INDEMNITY
AND HOLD HARMLESS AGREEMENT, AND RELEASE, IN
FAVOR OF THE CITY OF SAN MATEO
BE IT RESOLVED by the Council of the City of San.Luis.Obispo that the
City of San Luis Obispo does hereby authorize James M. Gardiner, its Chief
of Police. to execute in favor of and deliver to the.City of San Mateo the
"Indemnity and Hold Harmless Agreement, and Release, In Favor of the City of
San Mateo ", a copy of which is attached hereto as Exhibit A and made a part
hereof.
On motion of Councilman Settle seconded by Councilwoman Rappa
on the following roll call vote:
Ayes: Councilmembers Settle, kappa, Pinard, Reiss and Mayor Dunin
Noes: None
Absent: None
the foregoing Resolution was passed and adopted this 16th day of August,
1988.
� Mayor Ron Dunin
Attest:
City erk, Pam Vo s
Approved:
ity A ini strative 0 icer
City Attor
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Uri. sin
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INDEMNITY, HOLD HARMLESS AND RELEASE
BY CITY OF SAN LUIS OBISPO
IN FAVOR OF THE CITY OF SAN MATEO
In consideration of an 82 -hour motorcycle training course being
conducted by the CITY OF SAN MATEO (hereinafter "San Mateo ") and its
allowing employees of the City of. San Luis Obispo (hereinafter referred to
as "Contracting Agency ") to take part in said course, Contracting Agency
agrees to indemnify, defend, and hold harmless;San Mateo, its officers and
employees, from and against any and all claims, loss, liability, and damages
resulting from injury to or death of persons, including to employees of
Contracting Agency. or from damage to property, including that of San Mateo,
the San Mateo County Fair Association, San Mateo County, and the California
Jockey Club, arising out of'or in any way connected with Contracting
Agency's participation in the 82 -hour course, however, caused, regardless
of negligence of San Mateo, whether active or passive, except for injury or
damage.caused by the sole negligence or willful misconduct of San Mateo.
This agreement shall remain in full force and effect unless written
notice is given to the City of San Mateo Chief of Police, at least 30 days
before the effective date of such termination.
Dated:
CITY OF SAN LUIS OBISPO
By�. , /lli7c. < ✓..�,t
-Zlames M. Gardiner
Chief of Police
nq
RESOLUTION NO. 6479 (1988 SERIES)
A RESOLUTION OF THE COUNCIL
OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AGREEMENT BETWEEN THE CITY
AND SAN LUIS OBISPO AREA COORDINATING COUNCIL
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and
incorporated herein by reference, between the City of San Luis Obispo and San Luis
Obispo Area Coordinating Council is hereby approved and the Mayor is authorized to
execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of
the executed agreement approved by it to: San Luis Obispo Area Coordinating
Council, County Government Center, San Luis Obispo, CA 93408.
On motion of Councilman Settle seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of August 1988,
Mayor Ron Dunin
ATT T:
CitA Clerk, Pamela ges
APPROVED:
ity.Ad inistrative Officer
City A orney
R6479
I. .
C, Q
"EXHIBIT A"
FY 88 -89
JOINT POWERS AGREEMENT
SAN LUIS OBISPO AREA COORDINATING COUNCIL
THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of
January, 1976, and amended on November 4, 1982, and September 19, 1984,
by and among such of the incorporated cities of Arroyo Grande, Atas-
cadero, E1 Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San
Luis Obispo, all being municipal. corporations of the State of California
and located within the boundaries of the County of San Luis Obispo,
California, as may execute this Agreement, hereinafter called "CITIES,"
and the County of San Luis Obispo, a body politic and corporate and a
subdivision of the State of California, hereinafter called "COUNTY," as
follows:
WHEREAS, Section 6500, et sea., of the California Government Code
(Title 1, Division 7, Chapter 5, Article 1) provides for agreements
between two or more public agencies to jointly exercise any power common
to the contracting parties, subject to certain mandatory provisions
contained therein; and
WHEREAS, the City of San Luis Obispo by virtue of its charter, and
the other incorporated cities in the County, parties hereto, by virtue of
Sections 65600 through 65604, inclusive, of the California Government
Code have the joint and mutual power to create_ an area planning,
commission, herein designated "San Luis Obispo Area Coordinating Council."
WHEREAS, COUNTY AND CITIES did, in 1968; jointly execute an agreement
establishing such a planning council and now -wish td amend and supersede
the same; and
"A99
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JOINT POWERS AGREEMENT
PAGE 2
WHEREAS, Section 29532, California Government Code, provides that
such a Planning and Coordinating Council shall be designated the Regional
Transportation Planning Agency to act in matters of transit and
transportation planning; and
WHEREAS, it is desirable that a single agency be created by and with
the consent of CITIES and COUNTY to advise, plan for, and suggest
solutions to common problems; assist in the preparation of plans and
programs by utilizing planning talents and general plans of the various
governmental jurisdictions in the County and of experts in various other
fields and to coordinate their efforts.; and
WHEREAS, creation of such an agency and action by it upon certain
plans and programs is necessary to comply with requirements of federal
and state legislation in order to participate in the allocation and
disbursement of state and federal funds which may be desired by COUNTY
and CITIES in the implementation of plans and programs which have been
approved by their respective governing bodies.
NOW, THEREFORE, it is agreed as follows:
I. PURPOSE
The San Luis Obispo Area Coordinating Council is organized for the
permanent establishment of a forum for planning, discussion and study of
area -wide problems of mutual interest and concern to COUNTY and to
CITIES; for the development of studies and adoption of regional plans; to
serve as a regional agency for certain federal and state programs;; and
for other actions commensurate with the desires of the member governments.
Q •
JOINT POWERS AGREEMENT
PAGE. 3
II. NAME
The official name of the organization hereby created shall. be the
"San Luis Obispo Area Coordinating Council."
III. POWERS
The San Luis Obispo Area Coordinating Council hereinafter called
"Area Council," is hereby created as a voluntary agency pursuant to
applicable provisions of the California Government Code with the power to
carry out the purposes hereinabove stated and to implement the annual
work program approved by COUNTY and CITIES, including the power to
contract for goods and services; to provide for employment of necessary
personnel, experts and consultants; to accept gifts, loans; grants; and
to administer the affairs of the Area Council hereby created in
accordance with this Agreement.
Pursuant to Section 6508.1, California Government Code, it is hereby
declared by COUNTY and CITIES that the debts, liabilities and obligations
of the Area Council shall not be the debts; liabilities and obligations
of any of the parties to this Agreement, except as otherwise provided
herein.
IV. MEMBERSHIP
1. Membership in the Area Council shall be voluntary, but only the
County of San Luis Obispo and all cities, incorporated in the County of
San Luis Obispo presently or in the future, are declared eligible for
membership in the Area Council.
0 0
JOINT POWERS AGREEMENT
PAGE 4
2. Representatives of the COUNTY and CITIES shall. be appointed to
serve on the Area Council in accordance with procedures established by
each of the governing bodies of the member agencies. Representatives to
the Area Council shall consist of the five members of the Board of
Supervisors of the County of San Luis Obispo from time to time in office
and of one additional member from the governing body of each incorporated
city within the boundaries of the County of San Luis Obispo which is a
party to this Agreement, with each incorporated area being limited to one
representative. Representatives shall serve so long as they hold office
with their member agency or until they shall resign or be removed by a
majority vote of their respective governing bodies. Vacancies among
representatives shall be filled in the same manner as the first
appointment.
3. Member agencies may elect to have an alternate member in
addition to any official member, but said alternate shall be able to vote
only in the absence of the official representative.
4. Designation of the official representative or alternate, or
changes thereto, shall be transmitted in writing to the Executive
Director of the Area Council by the appointing city or the county.
5. In addition to the incorporated cities presently a party to this
Agreement, any other city which may hereafter be incorporated within the
boundaries of the County of San Luis Obispo and which may desire to
participate in the activities of the Area Council may do so by executing
this Agreement without prior approval or ratification of the named
JOINT POWERS AGREEMENT
PAGE 5
parties to this Agreement and shall thereafter be governed by all the
terms and provisions of this Agreement as of the date of execution.
fi. Membership shall be contingent upon the execution of this Joint
Powers Agreement and subsequent annual ratification.
V. OPERATION
1. The powers of the Area Council are advisory to the member
agencies which execute this Agreement except for those actions mandated
by state or federal law for the processing of applications submitted by
any of the member agencies for federal and state grants or funds which
require action by the Area Council. Nothing herein shall be construed to
limit in any manner the power of any of the parties to initiate and
complete a local project within their respective jurisdictions with,their
own funds. It is understood, however, that the recommendations of the
Area Council may have the effect of precluding any favorable action by an
agency of the state of federal government in support of such a project if
other than local financing is sought; as determined by the respective
state or federal agency under law, regulations and policies applicable to
them.
Z Exrept as otherwise provided herein, there shall, be no costs
incurred by Area Council pursuant hereto, other than expenses of its
members, which are to be borne by their respective entities, and the cost
of services by the officers and personnel of the respective entities to
said Area Council, upon approval of such services by the governing bodies
hereof, shall likewise be borne by the respective entities.
JOINT POWERS AGREEMENT
PAGE 6
All costs incurred by Area Council performing functions as the
regional transportation agency for San Luis Obispo County as designated
by the State shall be paid out of the transportation fund established
pursuant to Section 29530, et seq., Government Code as provided for
therein.
3. Costs of Area Council for each fiscal year which are necessary
for the ordinary operation of the Area Council, including but not limited
to office space, furniture; supplies and postage; and excepting those
functions performed as the regional transportation agency, shall be borne
by COUNTY in an amount approved by the Board of Supervisors in the annual
county budget. Extraordinary costs as recommended by the Area Council
shall be borne by contributions from the member entities as approved by
their governing bodies.
Costs of all activities undertaken by Area Council as the Regional
Transportation Planning Agency shall be set forth. in the budget as part
of the annual work program, of Area Council and shall be funded from the
transportation fund pursuant to applicable state statutes.
4. The annual work program and budget, when adopted shall be the
basis for operation of Area Council for the fiscal year. Any deviation
from the work program affecting the budget shall be returned to the
member agencies for approval.
5. For purposes of conducting business, there shall be present a
quorum consisting of a majority of representatives, including two COUNTY
representat -fives. No action shall be effective without the affirmative
JOINT POWERS AGREEMENT
PAGE 7
votes of a majority of representatives. However, eight (8) affirmative
votes shall be required for taking any action in the event any agency
demands such a vote. The representatives to the Area Council shall adopt
such procedures as are consistent with this Agreement and necessary to
conduct the business of Area Council in an orderly manner.
VI. OFFICERS
1. The officers of the Area Council shall consist of a President
and Vice= President elected for a term of one year by a majority vote of
member agency representatives to the Area Council.
2. Both the President and Vice- President of Area Council shall be.
elected at the May meeting (annual meeting).
3. The officers shall serve until their successors are elected.
4. The duties of the officers shall be as follows:
a. President
1) Shall preside over all meetings of the Area Council as
Chairman..
2) Shall appoint all standing committees..
3) Shall exercise general supervision over all activities
of said Area Council.
4) Shall be an ex- officio member of all committees.
5) Shall execute all contracts and legal documents on
behalf of the Area- Council.
b. Vice - President
1) Shall serve as Chairman pro_ tempor in the absence of
the President.
JOINT POWERS AGREEMENT
PAGE 8
2) Shall give whatever aid necessary to the President in
Administering of the Area Council.
3) Shall be an ex- officio member of all. committees.
5. In the event of a vacancy occurring in the office of either the
President or Vice - President upon said officer's death, resignation,
removal or his ceasing to be an official representative of a member city
of the County of San Luis Obispo, such vacancy will be filled by majority
vote of the Area Council, the officer elected to serve for the balance of
the unexpired term..
VII. STAFF
1. The Area Council shall appoint an Executive Director to serve at
its pleasure, who will perform the following duties and such others as
may be assigned by Area Council.
a. Prepare and submit the annual work program and budget to
the Area Council for its approval and to the parties hereto
for ratification.
b. Shall keep an accurate account and file of all meetings.
C. Shall disburse all funds in accordance. with the policies of
the County - Treasurer and the County Auditor /Controller Arid
the budget. and work program adopted by the Area Council.
d. Shall have charge of all correspondence..
e. Shall keep and maintain the reports of the Area Council on
all committees.
u
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JOINT POWERS AGREEMENT
PAGE 9
f. Shall insure that Area Council renders a written year end
report reflecting activities of the preceding fiscal year,
said year end report to be distributed to each of the
participating member bodies.
g. Shall be responsible for directing those employees
authorized by the. Area Council in the budget. Employees
are to be appointed by the Area Council on the
recommendation of the Executive Director and to serve at
the pleasure of the Area Council.
2. The Executive Director of the Area Council shall have charge of,
handle and have access to, any property of the Area Council.
3. The Executive Director, Treasurer, and Auditor- Controller shall
be bonded or self- insured through the county in -lieu of bonds (in
accordance with Government Code Section 24156) in the sum of $1000.
VIII. MEETINGS
1. Regular meetings of the Area Council shall be held at least six
(6) times a year or at more frequent intervals as approved by the Area
Council.
2. Special meetings may be called by the President or upon written
request of at least three (3) representatives of the Area Council.
Actual notice of special meetings must "be given at least three (3)
business days in advance.
3. Meetings shall be open to the public as requited by state law.
•
JOINT POWERS AGREEMENT
PAGE 10
4. Regular meetings shall be generally held in the first week of
January, March, May, July, September and November, or as specified in the
annual meeting calendar adopted in May. The May meeting shall be
designated the "annual meeting."
5. The Executive Director of the Area Council will direct the
publication of notices of all meetings pursuant to state law..
6. Only official representatives or alternates shall. represent a
member of the Area Council or vote on any motion before the Area Council.
7. The meeting agenda shall be prepared by the Executive Director
to the Area Council. Agenda material shall be submitted to the Executive
Director at least twenty -one (21) calendar days prior to the next regular
meeting and distributed to members at least fourteen (14) calendar days
prior to the next regular meeting to allow member agencies to advise
their representatives on tentative vote subject to independent judgement
of delegate based. on public testimony. Unless authorized by majority
vote of the representatives at a regular meeting, only agenda items shall
be considered by the Area Council..
8. The Area Council, at the discretion of the President, may
memorialize any of its actions by resolution.
9. Robert's Rules of Order or such other rules as the Area Council
may adopt will govern all proceedings not specifically provided for
herein.
10. Executive sessions shall be held in accordance with applicable
law..
• o
JOINT POWERS AGREEMENT
PAGE 11
11. The Area Council shall hold public hearings for the adoption of
Regional .Plans.
12. Minutes of all Area Council meetings shall be kept by the
Executive Director to the Area Council and shall be submitted to member
agencies.
IX. COMMITTEES
1. Committees and subcommittees may be established as the Area
Council may deem appropriate.
2. Membership on committees shall be at the discretion of the
President. Nothing herein shall be construed to limit membership on
these aforesaid committees to officials of the member agencies. The
President may appoint any individual deemed qualified to serve on a
committee. Standing committees shall include the Administration
Committee, comprised of 'all managers and administrators of member
.jurisdictions; the Legal Committee, comprised of all city and designated
county attorneys; the Planning Committee, comprised of all agency
Planning officials nominated by their respective agencies; the Public
Works Committee, comprised of all agency engineering officials nominated
by their respective agencies; the Technical Transportation Advisory
Committee (TTAC) and the Citizen's Transportation Advisory Committee
(CTAC) as per the Memorandum of Understanding between the California
Department of Transportation and the Area Council; and the Transit
Productivity Committee as required by Section 99224 and Section 99238 of
the Public Utilities Code. The Area Council may .organize such other
technical advisory committees as it deems necessary to carry out Area
Council functions.
o •
JOINT POWERS AGREEMENT
PAGE ].2
3. No committee shall commit the Area Council on any matter or
questions of policy. Such matters or questions can only be decided by
the Area Council.
4. All committees shall receive clerical assistance from the Area
Council staff for the. purpose of maintaining minutes of meetings and
other such duties as the Executive Director may direct. The chairman of
each committee shall sign the original copy of the minutes indicating his
verification. of contents. Copies of minutes of all meetings shall be
sent to members of the Area Council and the Executive Director.
X. FINANCE
1. The Area Council shall have no power to expend funds on any
project for which funds have not been budgeted, nor on any item in excess
of the budgeted amount without specific approval of two- thirds of the
governing bodies of the member agencies including COUNTY.
2. The Treasurer of the County of San Luis Obispo is designated the
depositary, and he shall have custody of all money of the Area Council
from whatever source received. It is further understood that the
Auditor /Controller of the County of San ,Luis Obispo is, as such, auditor
of the Area Council.
XI. WITHDRAWAL AND DISSOLUTION
1. The .parties to this Agreement pledge full cooperation and agree
to assign representatives to serve as official members of the Area
Council. or any committee or subcommittee thereof who shall act for and on
behalf of their city or county in any or all matters which shall come
0 C
JOINT POWERS AGREEMENT
PAGE. 13
before the Area Council, subject to any necessary approval of their acts
by the governing bodies of CITIES and COUNTY.
2.. Any party to this Agreement may withdraw from the San Luis
Obispo Area Coordinating Council and terminate its participation in this
agreement by resolution of its governing body. The Withdrawal of the
member shall have no effect on the continuance of this Agreement among
the remaining members and the Agreement shall remain in full force and
effect as respects the remaining members.
3. A member withdrawing shall not be liable for the payment of
further contributions falling due beyond the date of withdrawal and shall
have no right to reimbursement of any monies previously paid to Area
Council, provided, however, that Area Council may authorize a
reimbursement if in its judgment such reimbursement is fair and equitable
and can be done without jeopardy to the operation of the Area Council.
If any party hereto fails to pay its contribution, as determined by Area
Council, said entity shall be deemed to have voluntarily withdrawn .from
the Area Council.
4. Area Council may be dissolved at any time and this Agreement
rescinded by a joint agreement executed by COUNTY and CITIES which are
parties hereto. Said rescision Agreement shall provide for the orderly
payment of all outstanding debts and obligations and for. the return of
any surplus funds of Area Council in proportion to the contributions made.
• i
JOINT POWERS AGREMENT
PAGE 14
XII. EFFECTIVITY
This Agreement shall take effect upon its execution by the chairman
or mayor and clerks of the governing bodies of the County of San Luis
Obispo and at least four (4) cities, pursuant to resolutions of such
governing bodies authorizing such execution and shall remain in full
force and effect until dissolved pursuant to the provisions herein. This
Agreement may be executed in eight (8) counterparts which together shall
constitute a single agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the day and year first hereinabove written.
RD /msl /hg /cl/0663 -1 /111
7 -25 -88
m
JOINT POWERS AGREEMENT
PAGE 15
CITY OF ARROYO GRANDE
By;
Mayor
Clerk
CITY OF ATASCADERO
By:
Mayor
Clerk -
CITY OF GROVER CITY
By:
Mayor -
Clerk
CITY OFF MORRO BAY
By:
Mayor -
Clerk
CITY OF PASO ROBLES
By:
Mayor
Clerk
CITY OF PISMO BEACH
N
Dater
Resolution No.
Date
Minute Order
Date:
Resolution No.
Date:
Resolution No.
Date:
Minute Order
BY:
Mayor - Date
Clerk - Minute Order
CITY OF SAN LUIS OBISPO
BY: yI •
Mayo - Date:
Clerk Resolution No.
I
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JOINT POWERS AGREEMENT
PAGE 16
COUNTY OF SAN LUIS OBISPO
By:
Chairman Date:
Clerk Minute Order
RD/ms /hf /cl/0663 -1 /111
7 -25 -88
I+
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• 6
RESOLUTION NO. 6478 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AWARDING A CONTRACT TO UNION ASPHALT, INC. OF SANTA MARIA, CA
AND TRANSFERRING MONEY FROM STREET FUND CRP APPROPRIATION
WHEREAS, the City received bids for "Street Reconstruction and
Resurfacing Project, City Plan No. M -08A, and
WHEREAS, the Engineer's estimate was $757,575.00, and
WHEREAS, the low bid was received from Union Asphalt, Inc. of Samta
Maria in the amount of $656,712.50, and
WHEREAS, there is money available in the Street Fund CRP Appropriation
for this project,
NOW THEREFORE BE IT RESOLVED, the following items:
1. Accept the low bid from Union Asphalt, Inc. of Santa Maria, CA.
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 $700,000.00 from the Street
Fund CRP Allocation to Account No. 021 -9841 -091 -572 for for cost of
construction and contingencies for the Street Reconstruction and
Resurfacing Project.
On motion of Councilman Settle
, seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
C -4
R6478
Q �
Resolution No. 6478 (1988 Series)
Page Two.
the foregoing Resolution was passed and adopted this 16th day of August ,
1988.
MAYOR Ron Dunin
ATTEST:
CITY CLERK Pam 0 es
M M M if M if M #
APPROVED:
- -J�z -
City Ad inistrative Officer
bofl /m08a -awa
by
RESOLUTION NO. 6477(1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO TRANSFERRING
FUNDS AND APPROVING A PROJECT
WHEREAS, the FY 1987 -89 Financial Plan includes the funds in the
amount of $66,000 for a pilot residential tree trimming contract; and
WHEREAS, Scovell Tree Surgery submitted the low bid of $56,400;
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Award a contract in the amount of $56,400.00 to Scovell
Tree Surgery for the "Street Tree Trimming Project" City Plan No. N -37Y.
SECTION 2. Authorize the Mayor to sign contract documents.
SECTION 3. The City Clerk shall furnish a copy of this resolution to
the Directors of the Public Works and Finance Departments.
On motion of Councilman Settle seconded by Councilwoman Raooa
and of the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
R6477
Resolution No. 6477 (1988 Series)
Page Two
The foregoing Resolution was passed and adopted this 16th day of
May 1 1988.
MAYOR RON DUNIN
ATTEST:
P,,L-J 4 /--)
CIT CLERK PAM VOGES
APPROVED:
C' ;yAd istrative Officer City At orney
Finance Director Public Works Director
Project Manager
g:trim -res
rde
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PK/
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SOLUTION NO. 64791988 Serifs)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO CONFIRMING LIENS UPON REAL PROPERTY
PARCELS FOR WEED ABATEMENT COSTS
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
1. This Council hereby finds and confirms the existence as of
August 2, 1988 of duly imposed liens in the amounts and upon the real
property parcels set forth in Exhibit "A" delinquency list attached
hereto. Said liens were imposed for weed abatement costs incurred by the
City upon said parcels in calendar year 1988 in accordance with provisions
of the City's Municipal Code, Section 8.08.010 to 8.08.110
inclusive.
2. The Director of Finance is directed to send a copy of this
Resolution to the Auditor - Controller of the County of San Luis Obispo for
collections of said liens along with regular City property taxes for
1987/1988.
On motion of Councilman Settle seconded by
Mayor Dunin and on the following roll call vote:
AYES: Councilman-Settle.-Mayor Dunin, Councilmembers Pinard, Rappa and Reiss
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd
Day of August , 1988.
MAYOR RON DUNIN
ATTEST:
CITY CLERK, PAMELQ VOGES
R6476
Resolution No. 6476 O (1988 Series) O
Page 2
APPROVED:
S � rz_ - � �
City Administrative Officer
Ow
ri� Chief
dl /wares
�r I
T
r
193.50
MEETING
AGENDA
200.00
150.00
DATE ' "" $
ITEM #
EXHIBIT A
The following is a breakdown of Fire Department abatement costs for 1988.
This report is being submitted to the San Luis Obispo City Council for
approval on August 2, 1988.
Name Parcel No. F.D. Cost Admin. Fee Penalty Total
P, pademalee r 9G G.3 .7b 'r, ^^ 11 7
623 S_ _ „y
M. Salazar
M & P Ltd.
002,291,005
689 N. Broad
002,292,020
626 N. Broad
C. Carmelrose 002,316,005
1163 Peach.
D. S. Grow 002,352,018
Wilding Lane
R. Umbertis 002,452,004
1235 Buchon
M. Souza
Church St.
Ptshp.
D. Williams
003,614,022
468 Islay
003,634,005
728 Church
003,663,001
1013 Ella
258.00
193.50
75.00
526.50
200.00
150.00
75.00
425.00
40.00
30.00
75.00
145.00
240.00
180.00
495.00
86.00
64.50
75.00
225.50
40.00
30.00
75.00
145.00
40.00
30.00
75.00
145.00
100.00
75.00
75.00
250.00
M peed 903,471,08 -v6- -22.59 75.9A 1��§8-
R. Denoya 004,581,002 187.50 140.62 75.00 403.12
647 Perkins Ln.
T. McSherry 004,601,018 .
004,6011019 195.00 146.25 75.00 416.25
3361 /336T.Broad
I
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Olson Farms
004,961,056
120.00
90.00
75.00
285.00
1010 Orcutt
Stan Bell
052,311,012
136.50
102.37
75.00
313.87
346 Los Cerros
W. Anderson
052,311,007
052,311,013
295.00
221.25
75.00
591.25
327/330 Los Cerros
- - Peyvan
9521312199
:75.99
293.;S-
67
3:25.8e
93.75
Gaines Hill
052,312,026
30.00
22.50
75.00
127.50
Devel.
109 Cerro Romauldo
L. Martinelli
0531171,014
120.00
90.00
75.00
285.00
1675 Calle Joaquin
d- Rankin
%1040 Capictran
53.25
7599
199 25
The Meadows
053,272,027
125.00
93.75
75.00
293.75
Mariposa
SUB TOTALS 21913.00
2,184.74
1,800.00
6,897.74
SPRR
12,205.00
9.153.75
75.00
21.433.75
TOTALS 15,118.00
11,338.49
1,875.00
28,331.49
µ
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RESOLUTION NO. 6475 (1988 SERIES)
A RESOLUTION APPROVING THE ESTABLISHMENT
OF A UTILITIES DEPARTMENT
WHEREAS, the City's organizational structure is periodically
reviewed and changed to most effectively and efficiently address the
issues and priorites of the city; and
WHEREAS, the City Administative Officer has determined that a
separate Utilities Department would better serve the current needs of the
City; and
WHEREAS, he has requested that the City Council approve the
creation of a Utilities Department and transfer all water and waste water
functions and personnel currently assigned to the.Utilities Division; and
WHEREAS, the City council concurs that separate departments of
Public. Works and Utilities will provide a more responsive and efficient
organization,
NOW, THEREFORE BE IT RESOLVED as follows:
1. The Utilities Division of the Public works Department is
hereby established as a Utilities Department.
2. The Utilties Manager is hereby changed to Utilities
Director and shall report to the City Administrative Officer.
3. The newly created Utilities Department key staff, working
closely with the City Administrative Officer, shall by January 1, 1989,
submit a formal report of departmental organizational recommended
actions.
\ R6475
Q �
Resolution No. 6475 (1988 Series)
On motion Of Councilman Settle seconded by Councilwoman Rappa ,
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOS: None
ABSENT: None
the foregoing Resolution was passed and adopted the 2nd day of August 1988.
. --- an
r
Mayor Ron Dunin
ATTEST:
PL� r\ All Is
City Cl rk Pam Vo
APPROVED:
City Administrative Officer
City torney
Personnel Director
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G�..�;f��,s
.�
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