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RESOLUTION NO. 6674 (1989 SERIES)
A RESOLUTION OF THE COUNCIL
OF THE CITY OF SAN LUIS OBISPO
RATIFYING THE SAN.LUIS OBISPO AREA
COORDINATING COUNCIL JOINT. POWERS AGREEMENT
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 member
cities and the county is hereby ratified 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 toe San Luis Obispo Area Coordinating
Council, 1050 Osos Street, #C, San Luis Obispo, CA 93408.
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 5thday of September , 1989.
�yor Ron Dunin
ATTEST e
City_Clerk,-Pamela Vo
APPROVED:
ty Ad[4inistrative.Officer
City At
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EXHIBIT "A"
FY 89 -90
JOINT POWERS AGREEMENT
SAN LUIS OBISPO AREA COORDINATING COUNCIL
THIS YOINT 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 seq., of the California Government Code
(Title 1, Division 7, Chapter 5, Article 1) provides for agreements
betty two or more public agencies to jointly exercise any power common
to the co racting 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 to amend and supersede
the same; and
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.
JOINT POWERS AGREEMENT
PAGE 3
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.
a o
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 bold 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.
6. 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.
2. Except 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
representatives. No action shall be effective without the
JOINT POWERS AGREEMENT
PAGE 7
affirmative votes of a majority of those present. 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 and
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.
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 required 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.
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. Meml;ership 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.
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JOINT POWERS AGREEMENT
PAGE 12
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
n
JOINT POUMRS 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.
JOINT POWERS AGREEMENT
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
0 9
JOINT POWERS AGREEMENT
PAGE 15
CITY OF ARROYO GRANDE
By: Date:
Mayor
Resolution No.
Clerk
CITY OF ATASCADERO
By: Date:
Mayor
Minute Order
Clerk
CITY OF PISMO BEACH
By: Date
Mayor
Minute Order
Clerk
CITY OF SAN LUIS OBISPO
Date: 9 /5/89
Resolution No. 6674
Minute Order
-Clerk
CITY
OF GROVER CITY
By:
Date:
Mayor
Resolutimi No.
Clerk
CITY
OF MORRO BAY
By:
Date:
Mayor
Resolution No.
Clerk
CITY
OF PASO ROBLES
By:
Date:
Mayor
Minute Order
Clerk
CITY OF PISMO BEACH
By: Date
Mayor
Minute Order
Clerk
CITY OF SAN LUIS OBISPO
Date: 9 /5/89
Resolution No. 6674
JOINT POWERS AGREEMENT
PAGE 16
COUNTY OF SAN LUIS OBISPO
By:
Chairman
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LlMOLM, JR.
County Counsel
By:
Date
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7 -25-88
Date:
Minute Order
o {�
C
RESOLUTION NO. 6670A
3
(1989 SERIES)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO AUTHORIZING THE
CITY ADMINISTRATIVE OFFICER TO NEGOTIATE AND
AWARD A CONTRACT.FOR PROFESSIONAL-ENGINEERING
SERVICES FOR THE UPGRADE OF THE CITY'S
WATER TREATMENT PLANT AND OZONE PILOT STUDY
WHEREAS, the City of San Luis Obispo is actively engaged in a
program to upgrade it's water treatment plant; and
WHEREAS, the state of California is in the process of implementing
the water treatment filtration rule which will impose more stringent
water quality regulations; and
WHEREAS, the use of ozone is a vialable option to comply with the
new water filtration rule; and
WHEREAS, the City's water treatment plant is over twenty years old
and the equipment has deteriorated and is in need of replacement and
upgrade.
NOW, THEREFORE, BE IT RESOLVED That the Council, authorizes the
City Administrative Officer to negotiate a contract for
professional engineering services for the upgrade of the City's
Water Treatment Plant, and Ozone Pilot Study and to award the
contract if the cost does not exceed $125,000.
On motion of Councilwoman Rappa , seconded by Councilman Settle
and on the following roll calllvote:
AYES: Councilmembers Rappa, Settle, Reiss
NOYES Councilmember Pinard and Mayor Dunin
ABSENT :done
the following resolution was passed this 5th day of September
1989.
vT0.YOR RON DUNIN
ATT S 6-- - ,- ---�—
CITY CLERK PAMELA GES
LL1n_A
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APPROVED:
CITY
F N CE DIRECTO
UTILITIES DIRECTOR
h-i'l A -�W
WATER DIVISION MANAGER
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AGREEMENT FOR CONSULTING SERVICES
BETWEEN CITY OF SAN LUIS OBISPO
AND BLACK AND VEATCH FOR
PROFESSIONAL ENGINEERING SERVICES FOR THE
WATER TREATMENT PLANT MODIFICATIONS AND
OZONE PILOT STUDY
THIS AGREEMENT, made and entered into on thisLd y of(�-�19.�Fby and between
City of San Luis Obispo, hereinafter referred to as City, and Black and Veatch, an
Engineering Consultant authorized to provide services, hereinafter referred to as
Consultant.
W ITNESSETH:
WHEREAS, the City desires a study in accordance with Attachment A; and
WHEREAS, Consultant has available and offers to provide personnel and facilities
necessary to accomplish the work within the required time; and
WHEREAS, City and Consultant have completed negotiation of price based on the scope
of services in Attachment A;
NOW, THEREFORE, City and Consultant agree as follows:
PROJECT COORDINATION
A. City
The Water Division Manager shall be the representative of the City for all
purposes under this agreement and is designated as the Project Manager for
the City. He shall supervise the progress and execution of this agreement.
B. Consultant
Consultant shall assign a Project Manage.r for this
project. .Tamps C_ Hpsfiv is hereby designated as the Project Manager
for Consultant. Should circumstances or conditions subsequent to the
execution of this agreement require a substitute Project Manager for any
reason, the Project Manager designee shall be subject to written acceptance
and approval of the City's Project Manager.
II. DUTIES
OF CONSULTANT
A.
Descriotion
of Proiects
The Project is described in Attachment A. Any changes in the Project as
described will be incorporated by written Amendment executed by the City's
Project Manager and Consultant.
B. Scope of Consulting Services
Planned- Consulting Services - Consultant agrees to perform those planned
tasks described in Attachment A. Compensation for Planned Consulting
Services shall be as provided in Attachment B.
2. Follow -on Consulting Services - City and Consultant agree that certain of the
work to be performed by Consultant cannot be defined adequately prior to the
completion of the predesign services and that additional consulting work
related to the execution of the project and not covered in Attachment A will
be needed during performance of this agreement. It is intended that such
categories of work be classified as Follow -on Services. Follow -on Services
will be negotiated as they become defined.
C. Release of Reports and Information
Any reports, information, data, or other material given to, or prepared or
assembled by Consultant under this agreement, .shall be the property of City
and shall not be made available to any individual or organization by
Consultant without the prior written approval of the City's Project Manager.
D. Copies of Reports and Information
If City requests additional copies of reports, drawings; specifications, or
any other material in addition to what the Consultant is required to furnish
in limited quantities as part of the services under this agreement,
Consultant shall provide additional copies as are requested, and City shall
compensate Consultant for the costs of duplicating of such copies at
Consultant's direct expense..
E. Oualifications of Consultant
Consultant represents that it is qualified to furnish the services described
under this agreement.
III. DUTIES -OF CITY
City agrees to cooperate with Consultant and to provide relevant and necessary
materials and to provide data as requested, whenever possible.
IV. COMPENSATION
For the services described in Attachment A which are to be performed by the
Consultant, the City agrees to pay, and the Consultant agrees to accept,
compensation in accordance with the methods and schedules set forth in Attachment -
B. Compensation for Follow -on Services shall be as set forth in the written
authorization for such services. Payment to the Consultant for completed work, is
due upon receipt of invoice by City.
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V. AUTHORIZATION. PROGRESS AND COMPLETION.
Specific_ authorization to proceed with work described in Attachment A shall be
granted in writing by the City within .a reasonable time after the effective date of
this agreement. The Consultant .shall not proceed with the work without such
authorization. The work shall be completed within 160 days after receipt of the
authorization to proceed.
For F_ ollow -on Consulting Services, the City's authorization shall be in writing and
shall include the definition of the work to be done, the schedule for commencing
and completing the work, and the basis of compensation for the work.
VI. TEMPORARY SUSPENSION
The City's Project Manager shall have the authority to suspend this agreement
wholly or in part, for such periods as he deems necessary due to unfavorable
conditions or to the failure on the part of the Consultant to perform any provision
of this agreement. Consultant will be paid the compensation due and payable to the
date of temporary suspension.
VII. SUSPENSION• TERMINATION
A. Ri¢ht to Suspend or Terminate
The City retains the rig_ ht to terminate this agreement for any reason by
notifying Consultant in writing seven (7) days prior to termination and by
paying the compensation due and payable to the date of termination; provided,
however, if this agreement is terminated for fault of Consultant, City shall
be obligated to compensate Consultant only for that portion of consulting
services which are of benefit to the City. Said compensation is to be
arrived at by mutual agreement of the City and Consultant and should they
fail to agree, then an independent arbitrator is to be appointed_ and his
decision shall be binding upon the parties.
B. Return of- Material
Upon such termination, Consultant shall turn over to the City immediately any
and all copies of studies; sketches; drawings, computations and other data,
whether or not completed, prepared by Consultant, and for which Consultant
has received reasonable compensation, or given to Consultant in connection
with this agreement. Such materials shall become the permanent property of
City. Consultant, however, shall not be liable for City's use of incomplete
materials or for City's use of complete documents if used for other than the
project contemplated by this agreement.
VIII. INSPECTION.
Consultant shall furnish City with every reasonable opportunity for City to
ascertain that the services of Consultant are being performed in accordance with
the requirements and intentions of this agreement.. All work done and all materials
furnished, if any, shall be subject to the City Project Manager's inspection and
approval. The inspection of such work shall not relieve Consultant"of any of its
obligations to fulfill its agreement as prescribed.
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IX. OWNERSHIP OF MATERIALS
All original drawings, plans, documents and other materials prepared by or in
possession of Consultant pursuant to this agreement shall become the permanent
property of the City and shall be delivered to the City upon demand.
X. INDEPENDENT JUDGMENT
Failure of City to agree with Consultant's independent findings, conclusions, or
recommendations, if the same area called for under this agreement, on the basis of
difference in matters of judgment shall not be construed as a failure on the part
of Consultant to meet the requirements of this agreement.
XI. ASSIGNMENT: SUBCONTRACTOR'S EMPLOYEES
This agreement is for the performance of professional services of the Consultant
and is not assignable by the Consultant without prior consent of the City in
writing. The Consultant may employ other specialists to perform special services
as required with prior approval by the City.
XII. NOTICE
All notices hereunder shall be given in writing and mailed, postage prepaid, by
Certified Mail, addressed as follows:
To City: Allen Short
955 Morro Street
San Luis Obispo, CA
To Consultant: James C. Hesbv
P.O. Box 4247
Walnut Creek,.CA 94596
XIII. INTEREST OF CONSULTANT
Consultant covenants that it presently has no interest; and shall not acquire any
interest, direct or indirect, financial or otherwise, which would conflict in any
manner or degree with the performance of the services hereunder.
Consultant further covenants that, in the performance of this agreement, no
subcontractor or person having such an interest shall be employed. Consultant
certifies that no one who has or will have any financial interest under this
agreeement is an officer or employee of the City. It is expressly agreed that, in
the performance of the services hereunder, Consultant shall at all times be deemed
an independent contractor and not an agent or employee of City.
XIV. INDEMNITY
Consultant hereby agrees to indemnify and save harmless City, its officers, agents,
and employees of and from:
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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 an negligent act or omission of Consultant under this
agreement or of Consultant's employees or agents;
B. Any and all damage to or destruction of any property, including the property
of City, its officers, agents, or employees, occupied or used by or in the
care, custody, or control of Consultant, or in proximity to the site of
Consultant's work, caused by any negligent act or omission of Consultant
under this agreement or of Consultant's employees or agents;
C. Any and all claims and demands which may be made against. City, its officers,
agents, or employees by reason of any injury to or death of or damage
suffered or sustained by any employee or agent of Consultant under this
agreement, caused by any negligent act or omission of Consultant under this
Agreement; or of Consultant's employees or agents;
D. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any infringement or alleged infringement of
any patent rights or claims caused by the use of any apparatus, appliance, or
materials furnished by Consultant under this agreement; and
E. Any and all penalties imposed or damages sought on account of the violation
of any law or regulation or of any term or condition of any permit, when said
violation of any law or regulation or of any term or condition of any permit
is due to negligence on the part of the Consultant.
Consultant, at its own costs, expense, and risks, shall defend any and all
suits, actions, or other legal proceedings that may be brought against or for
employees on any such claim or demand of such third persons, or to enforce
any such penalty, and pay and satisfy any judgment or decree that may be
rendered against City, its officers, agents, or employees in any such suit,
action or other legal proceeding, when same were due to negligence of the
Consultant.
XV. WAIVERS
The waiver of either party of any breach or violation of any terms, 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 .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.
XVI. COST 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.
-5-
. 1
I ` )
X V II. 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.
If Consultant is found in violation of the nondiscrimination provisions of
the State of California Fair Employment Practices act or similar provisions
of federal law or executive order in the performance of this agreement, it
shall thereby be found in material breach of this agreement. Thereupon, City
shall have the power to cancel or suspend this agreement; in whole or in
part. Only a finding of the State of California Fair Employment Practices
City or the equivalent federal agency or officer shall constitute evidence of
a violation of the above referred standards.
If Consultant is found in violation of the nondiscrimination provisions of
this agreement or of the applicable affirmative acition guidelines pertaining
to this agreement, Consultant shall be found in material breach of the
agreement.
Thereupon, City shall have the power to cancel or suspend this agreement, in
whole or in part.
XVIII. WORKERS COMPENSATION
Consultant certifies that it is .aware of the provisions of the Labor Code of the
State of California, which requires 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 commending the performance of the work of this agreement.
XIX. INSURANCE
For the duration of this agreement; the Consultant shall maintain the following
minimum public liability and property damage insurance which shall protect the
Consultant from claims for injuries, including accidental death, as well as from
claims for property damage which may arise from the performance of work under this
agreement. The limit of liability for such insurance shall be as follows:
A. Comprehensive general liability insurance, including personal injury
liability, blanket contractual liabiltiy, and broad form property damage
liability. The combined single limit for bodily injury and property damage
shall be not less than $500,000.
B. Automobile liability injury and property damage liability insurance covering
owned, non- owned, rented and hired cars. The combined single limit for
bodily injury and property damage shall be not less than $500,000.
C. Statutory workers compensation and employers liability insurance for the
State of California.
-6-
The Consultant shall also maintain professional liability insurance covering
damages resulting from errors or omissions of the Consultant. The limit of
liability shall be not less than . #45,0O0, OOD,
The Consultant shall submit to the City. certificates for each of the policies
listed above. Each certificate shall provide that the insurance company give
written notice to the City at least 30 days prior to cancellation or any material
change in the policy. Certificates for comprehensive general liability and
automobile liability policies shall provide that the City is named as an
additional insured.
XX. AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall apply to and shall
bind; the heirs, successors, executors, administrators, assigns, and subcontractors
or both parties.
XXI. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral. This document may be amended only by written instrument,
signed by both City and Consultant. All provisions of this agreement are expressly
made conditions. This agreement shall be governed by the laws of the State of
California.
IN ]FITNESS WHEREOF; City and Consultant have executed this agreement on the day and year
first above written.
XXII. SUBCONTRACTS
Consultant shall be entitled to the extent determined appropriate by the Engiener,
to subcontract any portion of the work to be performed under this Project.
Consultant shall negotiate and administer subcontracts in accordance with 40 CFR
33.295. The Consultant shall be responsible to the City for the actions of persons
and firms performing subcontract work.
The Consultant is authorized by the City to subcontract work having a cost which
will not exceed 50 percent of the total amount of compensation due under this
agreement.
XXIII. JURISDICTION
This agreement shall be administered and interpreted under the laws of the State of
California. Jurisdiction of litigation arising from this agreement shall be in
that state. If any part of this agreement is found to be in conflict with
applicable laws, such part shall be inoperative, null and void insofar as it is in
conflict with said laws, but the remainder of the agreement shall be-in full force
and effect.
-7-
t
XXIV. BUSINESS LICENSE
The Consultant and all subcontractors shall have appropriate business licenses in
accordance with the City of San Luis Obispo Municipal Code.
The effective date of start of work described in Attachment C shall be Sentember
12 , 19 899
C' Imo, �'A 1Lri +511,c qr�4{
By: YU2 Q I By:
ATTEST:
i
J
-8-
c ty of san luis osLq)u,
i
TREATMENT-�ILANT MODIFICATIONS
SECTION 2
SCOPE OF WORK
Our experience has demonstrated that the design of additions to an existing water
treatment plant often requires unique solutions that must be adopted to solve the
particular needs of our clients. Included among the problems often encountered
and solved are site considerations; client sophistication; client preferences; coor-
dination of construction, operation, maintenance features between existing and new
facilities; and landscaping and architectural treatment required.. Facilities designed
by Black & Veatch will be functional for logical operation and ease of maintenance.
Environmental factors, such as safety, noise abatement and security will be carefully
reviewed with San Luis Obispo (SLO) staff during design.
The project tasks presented herein follows the generalized approach presented in
the Project Approach section and includes all of the elements discussed in the
Request for Proposal. This Scope of Work was developed based on discussions
with SLO staff, our visits to the treatment plant itself, and our experience on similar
projects.
The project is divided into three distinct phases:
• Phase 100 - Predesign Studies
Y Phase 200 - Design
• Phase 300 - Construction
This section provides a detailed discussion of the interrelated tasks required to
complete each phase and indicates the interaction expected between the project
team and City staff. Please refer to the Key Personnel section for a discussion of
the responsibilities of key team members as they relate to the Scope of Work.
33/933
2 -1
ATTACHMENT A
0
aty of sin hms omq)b
PHASE 100 PREDESIGN STUDIES
TREATMENT r! 4AW MODIFICATIONS
This phase provides for evaluation of existing facilities and
consideration of alternative equipment and treatment proces-
- ses to meet stated treatment objectives. Hydraulic restrictions
will be identified and needed modifications developed. The
final product from this phase will be a predesign report which
summarizes the results of the various investigations and
presents the proposed improvements necessary to expand the plant to 20 mgd and
meet all treatment objectives. To speed the flow of information between the project
team and SLO staff we anticipate issuing a series of Technical Memoranda, each
of which Will deal with a specific topic as follows:
• TM -1 Raw Water Characteristics and Treatment Objectives
• TM -2 Pilot Study Results
• TM -3 Existing Unit Processes
• TM-4 Plant Hydraujcs
• TM -5 Plant Instrumentation and Control
• TM -6 Treatment Process Alternatives
Refer the Schedule section for the relative timing of each Technical Memoranda.
Task 110. Assemble and Review Basic Data
Through our preproposal efforts we have already collected and reviewed consid-
erable historical plant operating data, as well as copies of the plant construction
drawings. We will proceed to collect additional data necessary to initiate this project
as follows:
• Plant operating records (1985 to present).
• Raw water characteristics.
• USGS and /or DOHS data on Whale Rock and Salinas Reservoirs.
• Existing plant design basis.
• Operation and maintenance manuals.
• San Luis Obispo Water Management Plan.
331933 2 -2.
artyo� san luis oglspo - -! TREATMENT ,_ANT MODIFICATIONS
This data will be reviewed for the purposes of establishing design parameters for
the following:
• Raw water characteristics including seasonal variations for each source.
• Turbidity.
• pH.
• Alkalinity.
• THM formation potential.
• Color.
• Algae.
• Total organic carbon.
• Existing plant performance relative to it's ability to meet SDWA objectives.
Task 120. Establish Treatment Objectives
Based on our in -depth understanding of SDWA and the SWTR, we will meet with
SLO staff to jointly establish treatment objectives which will, as a minimum, meet
those regulations which are known or can be reasonably anticipated. For those
parameters (such as disinfection by- products) for which additional regulations are
expected, but the MCL (maximum contaminant level) cannot be reasonably
predicted, the City will have two choices. First, establish a treatment objective in
terms of a MCL recognizing the probability that the actual MCL as established in
I ater regulations will be somewhat different. Second, choose to ignore these
parameters as treatment objectives and deal with them as they are regulated. We
will identify these parameters with the SLO staff and discuss the potential impacts
of the alternative courses of action.
Task 130. Pilot Plant Study
Using our mobile pilot plant, which we have reserved for this project, we will conduct
a series of studies to evaluate alternative oxidants for disinfection, THM control, and
taste and odor reduction. The following combinations will be considered:
33/933 2-3 -
c1tv or San US mq)o TREATMENT i'LANT MODIFICATIONS
Primary Secondary
Series Pre-oxidant Disinfectant Disinfectant
1 Chlorine Chlorine Chloramines
2 Permanganate Chlorine Chlorine
3 Permanganate Chlorine Chloramines
4 Ozone Ozone Chlorine
5 Ozone Ozone Chloramines,
Note that ozone is always shown as both the preoxiclant and disinfectant when
used, because the existing plant layout would seem to preclude post-sedimentation
ozonation without nepumping. Consequently, the above presumes raw water
ozonation for disinfection as well as control of THM's and tastes and odors. Note
also that chlorine dioxide has been omitted since it is not currently allowed by the
State and because concerns about the health impacts of its breakdown products
are expected to limit its use nationally as well.
Black & Veatch personnel will set up the Pilot Plant at the site, possibly in the parking
area under the laboratory where the existing sampling lines are readily accessible.
We will outline the pilot program, including establishing flow rates, chemical doses,
ozone dose (if any), run duration and sequences, as well as the sampling and testing
schedule. We will stay With the plaint until the unit is running smoothly and SLO staff
are comfortable with its operation.. We anticipate this may take one to two weeks.
For the remainder of the study SLO staff will operate the facility and collect samples
as scheduled. The City Will perform all testing at it's laboratories or will arrange for
outside testing services as deemed necessary.
Task 140. Evaluate Existing Unit Treatment Processes
The existing unit treatment processes;
• Flash mixing
• Flodculation.
• Sedimentation
• Filtration
33/933 2-4 0
CILy of san lids OBgv
TREATMENT r.ANT MODIFICATIONS
will be evaluated against current design standards to determine their ability to meet
the stated treatment objectives under each of three plant design flow rates; 10.5,
15, and 20 mgd. Modifications necessary to upgrade each unit to each of the
alternative design flow rates will be identified. Please see the Key Issues subsection
of the Project Approach section for some of our initial thoughts regarding the
existing treatment units.
Task 150. Evaluate Plant Hydraulics
The existing facilities will be analyzed to identify any hydraulic restrictions which
would preclude plant operation at. 15 or 20 mgd. Modifications required to over -
come these restrictions will be identified. We expect that significant rework of plant
piping, especially in the filter gallery, will be necessary. Please see the Key Issues
subsection at the Project Approach section.
Task 160. Evaluate Plant Instrumentation and Control
The existing plant instrumentation and control system will be evaluated against
current design practices for ease -of -use, and reliability. While much of the plant
data collection has been computerized, there are additional opportunities for
modernization and centralization including; remote indication and control of chemi-
cal feed systems, automatic filter backwash (manually or automatically initiated),
and single control panel with modern indicators and recorders. Each of these
options, their costs and benefits, will be identified and discussed.
Task 170. Evaluate Treatment Alternatives
Using the results of the Pilot Plant Study and the evaluation of existing treatment
units we will develop and evaluate alternative treatment schemes as necessary to
expand the plant capacity to 20 mgd and meet all treatment objectives. Generalized
alternatives which would be considered include:
IA. Full Conventional Treatment.. Under this alternative the existing plant
facilities would be modified and expanded as necessary but the basic
operation would remain as a full conventional treatment facility.
1 B. Full Conventional Treatment with Ozone. As above except ozone
would be used as a disinfectant and to control THM's as well as taste
and odors.
33/933 2 -5 -
cry o� San ims owgx
TREATMENT -ANT MODIFICATIONS
IIA. Direct Filtration. Under this alternative the existing plant facilities
would be upgraded and expanded as necessary but the sedimenta-
tion.basins would normally be bypassed. Under periods of excessive
turbidity or otherwise difficult treatment, the plant would return to
conventional treatment.
IIA. Direct Filtration with Ozone. As above except ozone would be used
as a disinfectant and to control THM's as well as taste and odor.
IIIA. Split Treatment. Under this alternative the two source waters would
be treated separately up to the point of being blended ahead of the
filters. The existing facilities would be upgraded and expanded as
necessary. The Whale rock water would be treated in a direct filtration
mode with only flash mixing and flocculation prior to filtration, while
the Salinas water would receive full treatment including flash mixing,
flocculation and sedimentation prior to filtration. Alternatively, the
Whale Rock water could be treated in the in -line mode (that is, no
flocculation) while the existing flocculation and sedimentation basins
would be used to treat Salinas waters.
The most cost- effective alternative which will reliably treat 20 mgd and meet all
treatment objectives will be identified:
Task 180. Develop Preliminary Opinion
of Probable Construction Cost
We will develop a preliminary opinion of probable construction cost for the recom-
mended improvements.
Task 190. Prepare Predesign Report
We will prepare a Predesign report summarizing the results of the preceding studies
and presenting the recommended treatment plant improvements. The draft report
will be submitted to the SLO staff and our own in -house quality control team for
review and comment. The final report will incorporate review comments and be
submitted to the SLO staff for approval.
33/933 2- 19
ATTACHMENT B
TO
AGREEMENT FOR CONSULTING SERVICES
COMPENSATION
For the services covered by this agreement, the City agrees to pay
the Consultant an amount equal to the Consultant's salary cost times
2.90 plus reimbursable expenses at cost plus subcontract billings
times 1.05. Equipment rental (a reimbursable expense) for the pilot
plant shall be $3,000 per month. The maximum total amount billed
for the Planned Consulting services shall not exceed $122,450.00
without further authorization. Invoices shall be submitted monthly.
RESOLUTION NO. 6673 (1989 Seri -., )
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. 6493 (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 W shall be required to file a Conflict of Interest
Statement (Form 730) with the City Clerk.
Co cilwoman Coun�. ilwo�Qan
On motion of uaPPa seconded by Y1narQ ,
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',5�th day of
September., 1989
ATT ST.
CITY VLERK PAMELA VOGES
MAYOR RON DUNIN
v
Acting City orney
6673
DEPARTMENT - - -- -- POSITION TITLEI
DESIGNATED POSITIONS* EXHIBIT "A"
Administrative Office: Assistant. City Administrative Officer
Transit Manager
Administrative Analyst(s)
Executive Secretary
City Attorney: Assistant City Attorney
City Clerk's Office: City Clerk
Community Develornnent 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 Protection Engineer
Hazardous Material Inspector
Plan Check Inspector
Personnel - Department: Personnel Director
Personnel Analyst(s)
Secretary IS (Confidential Employee)
Police -- Department: Chief of Police
Police Captain(s)
Police Lieutenant(sj
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
Page 2 �
Public Works DeAar£mente
Recreation Department:
Utilities Department:
COMMITTEES /COMMISSIONS
Architectural Review Commission
Housing Authority
BIA Administrator
.ANN
I�
Surveyor
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 Supervisor
Water Treatment Plant Supervisor
Wastewater Treatment Plant Supervisor
Industrial Waste Inspector
Water Division Manager
Wastewater Division Manager
Utilities Maintenance Supervisor(2)
Water Distribution Supervisor
*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
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RESOLUTION NO. 6672 (1989 SERIES)
A RESOLUTION BY THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO ASKING THE LEAGUE OF CALIFORNIA CITIES
TO SUPPORT LEGISLATION TO ALLOW CITY- OR COUNTY -
SPONSORED BUSINESS SIGN PROGRAMS ALONG STATE HIGHWAYS
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findines. That this council, after consideration of the
subcommittee and staff recommendations and reports thereon, makes the following findings:
The City of San Luis Obispo is actively pursuing a sign amortization program to
remove signs that clutter highways, distract the travelling public and block .or
disrupt vistas and scenic resources along highways; and
2. Many businesses, such as gas stations, motels and restaurants along highways are
economically dependent on business from highway users attracted to and directed by
freeway- oriented signs and;
3. Section 101.7. of the California Streets and Highways Code allows the placement of
business logo information signs in advance of state highway exits along a section of
Interstate Route 5 to identify roadside businesses available to serve highway users;
this program has been successful in directing travelers to businesses dependent on
highway users; and
4. Title 4, Chapter 6 of the California Code of Regulations presently restricts outdoor
advertising signs along highways to official, public utility, service club, public
directional and private directional signs.
5: Cities or counties 'other than San Luis Obispo have similar problems which could be
solved by amending the Streets and Highways code to allow Highway 5 logo signs
throughout the state.
SECTION 2.. Action, That the attached resolution be forwarded for consideration
by the League of California Cities, assembled in Annual Conference in San Fransisco,
October 22 - 24, 1989, to support legislation to give cities or counties the option to
develop business logo sign programs, similar to that used along Interstate Route 5, to
allow for a uniform method of business identification at convenient locations within the
state highway right -of -way in lieu of larger advertising signs and devices along the
highway.
6672
Freeway signing resolution
Page 2
1
Councilwoman Councilwoman
On motion of 'Rappa= .::.,.. , seconded by 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 5thday of September 1989:
Mayor Ron Dunin
A'TTE
- U
City lcrk Pam oges
APPROVED:
City Ad inistrative Officer
City Attorn y
Community Development Director
RESOLUTION BY THE GENERAL ASSEMBLY OF THE
LEAGUE OF CALIFORNIA CITIES TO SUPPORT LEGISLATION
ALLOWING CITIES AND COUNTIES TO DEVELOP BUSINESS LOGO
SIGNING PROGRAMS FOR STATE HIGHWAYS
WHEREAS, many cities and counties have removed larger business identification and
directional signs and billboards or are pursuing sign amortization programs to remove
signs that clutter highways, distract the travelling public and block or disrupt vistas
and scenic resources along highways; and
WHEREAS, many businesses, such as gas stations, motels and restaurants along
highways are economically dependent on business from highway users attracted to and
directed by freeway- oriented signs; and
WHEREAS, Title 4, Chapter 6 of the California Code of Regulations restricts
outdoor advertising signs along highways to official, public utility, service club,
public directional and private directional signs; and
WHEREAS, Section 101.7. of the California Streets and Highways Code allows the
placement of business logo information signs in advance of state highway exits along a
section of Interstate Route 5 to identify roadside businesses available to serve highway
users;
NOW, THEREFORE, BE IT RESOLVED, by the General Assembly of the League of
California Cities, assembled in Annual Conference in San Francisco, October 22 - 24,
1989, that the League support legislation to allow cities or counties to develop business
logo sign programs; similar to that used along Interstate Route 5, to allow for a uniform
method of business identification at convenient locations within the state highway
right -of -way in lieu of larger advertising signs and devices along the highway provided
that:
The city or county is actively pursuing a sign amortization program and has
satisfactorily demonstrated, to the California Department of Transportation, the
removal of larger freeway- oriented signs including, but not limited to business
identification and directional signs and billboards.
2. The city or county is responsible for the cost, design, installation and
maintenance of the sign program.
3. The design of the signage is con_ sistent with standards adopted by the California
Department of Transportation.
4. The California Department of Transportation is responsible for the review and
approval of the sign program.
Resolution No. 6671 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING STAFF TO NEGOTIATE A FORMAL CONTRACT AND AUTHORIZING
THE CITY ADMINISTRATIVE OFFICER TO SIGN A CONSULTANT SERVICES
CONTRACT WITH THE ENVIRONMENTAL CONSULTING FIRM ERC
FOR PREPARATION OF THE STONERIDGE II RESIDENTIAL PROJECT
WHEREAS, the Community Development Director determined that an Environmental lmpact
ot
Report (EIR) for the project needed to be prepared'. and
WHEREAS, several consulting firms were solicited to prepare the EIR through a request
for proposal; and
WHEREAS, proposals from three consulting firms were received; and
WHEREAS, the three proposals were reviewed and two of the firms interviewed.
NOW, THEREFORE BE IT RESOLVED as follows:
SECTION L. That staff be authorized to negotiate a, contract with the top- ranked
firm, ERC, to prepare the EIR.
SECTION 2. That the City Administrative Officer be authorized to sign a consultant
services contact for an amount not to exceed $35,000.00.
On motion of Councilwoman Rappa , seconded by
Councilwoman Pinard and on the following roll call vote:
AYES: Councilmembers Rappa, Pinard, Reiss and Mayor Dunin
NOES: Coiincilmember Settle
ABSENT: None
the foregoing resolution was passed and adopted this 5thdayof September
1989.
o
G® ^
�- Mayor Ron Dunin
ATTEST:
U_-� V _
City ierk Pam V e
6671
Resolution No. 6671 (1989 Series)
Page 2
APPROVED:
City dministrative Officer
City Attorne
Community Development Director
61 irector of Finance
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RESOLUTION NO. 6670•;(1989 Series)
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN LUIS OBISPO CONSENTING TO THE
SUBSTITUTION OF A SUBCONTRACTOR ON THE
MARSH STREET PUBLIC PARKING STRUCTURE
WHEREAS, a prior request was received from the prime contrac-
tor, Madonna Construction Company, on the Marsh Street public
parking structure for consent to substitute a subcontractor; and
WHEREAS, pursuant to the procedures and criteria for consider-
ing such a request set forth in State and local law, the Council
gave its consent in Resolution No. 6645 (1989 Series); and
WHEREAS, a similar and later request was made by the prime
contractor for consent to allow it (Madonna Construction Company)
to do the work originally indicated to be done by the original
subcontractor, Amber Steel Company, and the subcontractor which was
substituted in, Regional Steel Company; and
WHEREAS, the Council has met to discuss, deliberate and
consider the request.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
The Council hereby grants its consent to the request to allow
Madonna Construction Company to substitute itself for a subcontrac-
tor to perform that portion of the project, generally described as
the structural steel work, on the sole and express condition that
Madonna Construction Company shall hold harmless and indemnify the
City of San Luis Obispo, its agents, officers and employees from
any and all claims, lawsuits or proceedings of any kind or nature
in which it is alleged that this decision to consent is in error,
wrongful, illegal, contrary to public policy or otherwise defec-
tive.
On motion of Council Member Settle, seconded by Council Member
Reiss, and on the following roll call vote:
R 6670-
Resolution No. 6670
AYES: Settle, Reiss, Mayor Dunin, Rappa, Pinard
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 7th day of
August 1989.
MAYOR RON DUNIN
A
CITY \CLERK,
APPROVED:
ty Aftinistrative Officer
City At
� i J
RESOLUTION NO. 6669 (1989 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL,
APPROVING THE REVISED ORDINANCE AND BYLAWS_
FOR THE
HUMAN RELATIONS COMMISSION OF THE
CITY OF SAN LUIS OBISPO
BE IT RESOLVED by the San Luis Obispo City Council as follows:
SECTION 1. The revised Ordinance and Bylaws for the Human Relations
Commission and attached hereto, are hereby approved.
On motion of Councilwoman Rappa , seconded by Councilwoman Pinard,
and on the following roll call vote:
AYES: Councilmembers Rappa, Pinard and Mayor Dunin
NOES: Councilman Settle
ABSENT: Councilman Reiss
the foregoing Resolution was passed and adopted this 15th day of AugusX
1989.
ATTE ��- MAYOR, RON DUNIN
CITY VLE
RR, PAM GES
Approved:
R6669
U
BY. -LAWS
HUMAN RELATIONS COMMISSION
CITY OF SAN LUIS OBISPO
ARTICLE 1. PURPOSE
It is the purpose of the Human Relations Commission to advise the
Council in its actions to create an environment within the city in
which all persons can enjoy equal rights and opportunities regardless
of race, religion, sex, national origin, ache, physical., mental, or
economic status. The Human Relations Commission shall make
recommendations to the City Council or the City Administrative Officer
on how these social concerns and human needs can best be addressed.
ARTICLE 2. TERMS OF OFFICE
Commissioners shall be appointed by the City Council for terms of four
(4) years, commencing on Aril 1. Commissioners shall serve at the
Pleasure of the City Council. Any Commissioner may be reappointed,
provided that no appointee shall serve more than two (2) consecutive
terms (8 years).
ARTICLE 3. MEETINGS
A. The Commission shall hold a regular meeting each month and not
less than ten (10) times a year.
B. Meetings will be held at 7 :00 p.m. the first Wednesday of
each month.
C. The Commission meetings shall be open to the public and shall be
held at City Hall or other previously announced locations
at specific times as required by California law.
D. A quorum shall consist of a majority of the Commissioners
currently serving.
E. All actions of the Commission shall be decided by a majority
vote or concensus and shall be directed through the
Commission Chair.
F. Minutes of. each meeting shall be forwarded to the City Council and
be available as a public record.
G. The Chairperson or any three members of the Commission may call a
special meeting providing a week's prior notice is given in
writing to each member.
Human Relations Commission
Page 2
H. All Commission meetings shall be conducted according to
Robert's Rules of Order.
I. All members present must vote, except when abstaining due to
a declared conflict of interest.
J. Any member with a declared conflict of interest shall not
vote on or participate in any discussion of an item or in any
manner attempt to influence the decision on that item.
ARTICLE 4. SUBCOMMITTEES
Subcommittees consisting of less than a quorum of the Commission shall
be appointed, as needed, by the Chairperson. Study committees may
include non - commission members who shall have no voting power.
ARTICLE 5. OFFICERS
A. The officers shall be a Chairperson and a Vice - Chairperson who
shall be elected at the Commission meeting in March, for
one year terms.
B. The Chairperson shall preside over all meetings of the Commission,
prepare all meeting agendas, and perform such duties as directed
by the Commission.
C. The Vice- Chairperson shall serve in the absence or incapacity
of the Chairperson.
ARTICLE 6. WORKPLAN
The Commission shall develop a workplan on an annual basis. The
workplan shall be a description of the activities that will be
undertaken in order to meet the goals and objectives of the Commission.
ARTICLE 7. AMENDMENTS
By -law amendments shall be submitted for Council approval by an
affirmative vote of the members present at a regular meeting of the
Commission, provided that such amendments shall -have been discussed by
the Commission on the agenda of at least two meetings prior to the
vote. The members shall receive the proposed amendments in writing at
least ten (10) days prior to the first reading.
Revised: June 1989
hrcbylaws
RESOLUTION NO. 6661989 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBI9PO DENYING AN APPLICATION FOR TENT PERMIT 89 -1 AND DENYING
AN APPEAL OF THE ACTIONS BY THE, RECREATION DEPARTMENT DIRECTOR AND
FIRE MARSHAL TO DENY RELATED ADMINISTRATIVE PERMITS
FOR A TENT TO BE LOCATED AT SANTA ROSA PARK
WHEREAS, the applicant /appellant James Wenzel applied to the city for authorization
to erect a tent on city -owned property at Santa Rosa Park for the period of September 13
through 17, 1989, said tent to be used for meetings which would be open to the public;
and
WHEREAS, the city Recreation Department Director denied the issuance of a Parks
Permit as provided in Section 12.20.050 of the Municipal Code; and
WHEREAS, the city Fire Marshal denied the issuance of permits required for a tent and
for an assembly use, as provided in Article 4 of the Uniform Fire Code; and
WHEREAS, the applicant /appellant has appealed thei actions of the Recreation
Department Director and Fire Marshal to. the council; and
WHEREAS, on August 15, 1989, the council conducted a hearing to consider the Tent
Permit Application 89 -1 as provided in Section 15.24.050 of the Municipal Code, and to
further consider the appeal;
NOW, THEREFORE, the council of the City of San Luis Obispo denies the tent permit
application and appeal, based on the following findings:
SECTION L Findings.
1. The proposed tent would unduly interfere with use of the park by the general public,
due in part to the length of the period during which' it would be in place.
2. The proposed activities would generate, noise levels which_ would disturb residents of
houses and apartments adjoining the park.
3. Inadequate parking facilities would be available at the park during the period for
which the tent would be in place.
4. Occupancy of the tent structure for assembly purposes would constitute a fire hazard.
666E
Resolution No. 6668 (1989 Series)
Tent Permit 89 -1
Page 2
On motion of Councilwoman Rappa , seconded by Councilwoman
Pinard and on the following roll call vote:
AYES: Councilmembers Rappa, Pinard.and Settle
NOES: Mayor Dunin
ABSENT: Councilmember Reiss
the foregoing document was passed and adopted this 15th day of August
1989.
r
•
r
Mayor Roil Dimin
ATTEST:
V
City Clerk Pam.Voges
i
Resolution No. 6la6g (1989 Series)
Tent Permit 89 -1
Page 3
APPROVED: .
City A inistrative Officer
City Attorney
Community Development Director
N
RESOLUTION N0.6667 (1989 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1673
LOCATED AT 3440 SOUTH HIGUERA STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findinas. That this council, after consideration of the tentative map of
Tract 1673 and the Planning Commission's recommendations,'staff recommendations and
reports thereon, makes the following findings:
1. The design of the subdivision and proposed improvements are consistent with the
General Plan.
2. The site is physically suited for the type and density of development allowed in a
C -S 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 will
not have a significant effect on the environment and has:. granted a negative
declaration.
SECTION 2. Conditions. The approval of the tentative map for Tract 1673 shall be
subject to the following conditions:
1. Conditions, Covenants and Restrictions (CC &R's) for the tract shall be approved by
the Community Development Director and shall contain the following provisions:
a. Property owners association shall be created to enforce the CC &R's and provide
for professional, perpetual maintenance of common areas including, but not
limited to driveway, parking lot, landscaping, utilities and building exteriors.
b. Grant to the City of San Luis Obispo, the right to maintain common areas if the
property owners association fails to do so, and assess said association for
expenses incurred.
c. All parking spaces provided in the project shall be available for use by all of
the individual owners. The parking lot at the northeast corner of the site may
also be used by the public for access to San Luis Creek and related recreation
uses.
d. Ownership of air -space units shall be limited to not more than 19 separate
ownerships. Ownership of air -space units shall not be sold or otherwise
transferred.in such a way as to conflict with any law or regulation, including
but not limited to city fire and building codes.
R 6667
T.
' 1
Resolution No. 6667 (1989 Series)
Tract 1673
Page 2
e. There shall be no change in city - regulated provisions of the CC &R's without
prior approval of the City Council.
2. Subdivider shall provide individual water services for each unit. Meters shall be
clustered to the approval of the Community Development, Director and the City
Engineer.
3. Subdivider shall provide individual gas and electrical services and metering for each
unit to the approval of affected public utility agencies and the City Engineer.
4. Final map shall note a blanket easement over the common lot area, except under the
structures, for underground public utilities serving the site, to the approval of the
City Engineer and affected utility companies.
5. The subdivider shall record a common access driveway and shared parking easement
agreement for Lots 1 and 2, to the approval of the Community Development Director.
As an option, the subdivider may combine Lots I and 2 to the approval of the
Community Development Director.
6. Prior to final map recordation the subdivider shall pay, or arrange to pay the city
for the cost of equivalent standard curb, gutter and sidewalk along the Prado Road
frontage on or adjacent to the Prado Road Bridge.
7. Subdivider shall combine the southern most driveway with the existing driveway
serving the Tenwise Commercial Center. If negotiations are unsuccessful between the
subdivider and Tenwise property owner the City Council shall reconsider this
requirement and either pursue condemnation to secure the common driveway or delete
this condition altogether.
8. All buildings within the project shall be fire sprinklered to the satisfaction of the
City Fire Marshal.
9. Prior to building permit issuance, the subdivider shall submit for review and
approval by the Community Development Director a trip reduction plan to minimize the
use of private automobiles to the extent feasible.
10. Exiting vehicles from the northerly parking lot shall be restricted to right turn
(southbound) only egress. Methods for traffic restrictions, such as signage,
striping and channelization, shall be submitted for review and approval by the
Community Development Director prior to building permit issuance.
On motion of Councilwoman Rappa . seconded by CounciWoman Pinard
and on the following roll call vote:
AYES: Councilmembers Rappa, Pinard, and Mayor Dunin
NOES: , Councilman Settle
ABSENT: Councilman Reiss
Resolution No. 6667 (1989 Series)
Tract 1673
Page 3
the foregoing resolution was passed and adopted this 15th day of August ,
1989.
�_�"�
'�M3yor Ron Dunin
ATTES
Luoo�
--
City erk Pam Vo e
APPROVED:
Community Development Director
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RESOLUTION NO. 6666 (1989 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S
ACTION TO APPROVE A PROJECT IDENTIFICATION LOGO SIGN
AT THE PROJECT'S MADONNA ROAD /HIGUERA STREET ENTRANCE
AND PROJECTING SIGNS FOR THE PACIFIC COAST CENTER
AT 65 HIGUERA STREET (ARC 87 -186)
WHEREAS, the Architectural Review Commission (ARC) and City Council have held public
hearings on this request for a project identification logo sign and projecting signs in
accordance with Chapter 2.48 of the San Luis Obispo Municipal Code; and
WHEREAS, the item has come to the council on appeal by the applicant and the council
has considered the staff report, commission minutes, appellant, and public testimony, and
project plans; and
i'
NOW, THEREFORE, the council of the City of San. Luis Obispo resolves to uphold
the appeal of the Architectural Review Commission's action to grant final approval to the
project identification logo sign at the project's Madonna Road Higuera Street entrance
and projecting signs based on the following findings:
Findings:
1. The projecting signs and project identification logo are appropriate at the proposed
location and will not be detrimental to the safety of persons utilizing the site or
adjacent streets.
2. The desire to retain the existing nonconforming historic building with a 0 foot
setback along Higuera Street constitutes an exceptional circumstance which warrants
an exception to the sign regulations to allow the projecting signs.
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
R 6666
� I
Resolution No. 6666 (1989 Series)
Page 2
10
the foregoing resolution was passed and adopted this 15thday of August
1989.
Mayor Ron Dunin
ATT
City dlerk Pam Vog
APPROVED:
City Ad inistrative Officer
City Attorn y
Community Development Director
�� � •
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,tl,.
RESOLUTION NO. 6665 (1989 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S
ACTION TO APPROVE THE 4 -UNIT APARTMENT BUILDING BEHIND THE
BIDDLE HOUSE AT 559 PISMO STREET (ARC 88 -51)
WHEREAS, the Architectural Review Commission (ARC) and City Council have held public
hearings on this request for architectural approvals of the apartment project in
accordance with Chapter 2.48 of the San Luis Obispo Municipal Code; and
WHEREAS, the item has come to the council on appeal from an individual representing
a group known as the Citizens to Protect the Biddle House and the council has considered
the staff report, commission minutes, applicant, appellant, and public testimony, and
project plans.
NOW, THEREFORE, the council of the City of San Luis Obispo resolves to uphold
the appeal of the Architectural Review Commission's action granting final approval to the
apartment project (ARC 88 -51) based on the following findings:
Findings:
1. The proposed apartment building is incompatible with and insensitive to the existing
historic Biddle House..
2. The project conflicts with the established and distinctive historical character of
the Old Town Neighborhood.
On motion of Councilwoman Pinard seconded by
Councilwoman Rappa and on the following roll call vote:
AYES: Councilmembers Pinard, Rappa, Reiss, Settle and Mayor Dunin
NOES: None
ABSENT: None
R6665
Resolution No. 6665:; (1989 Series)
Page 2
the foregoing resolution was passed and adopted this 15t-bday of August
1989.
Mayor R6il Dunin
AT I ,
V
City lerk Pam Vo e
APPROVED:
City dministrative Officer
City Attorney
110,
Community Development Director
RESOLUTION NO. 6664 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING BID AND AWARDING CONTRACT FOR REHABILITATION
OF THE SENIOR CITIZEN CENTER
WHEREAS, the City Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT: REHABILITATION OF SENIOR CITY PLAN NO: N -52D
CITIZEN CENTER
ESTIMATE: $155,000 FUND NO: 040
LOW BIDDER: DEVELOPMENT SERVICES BID AMOUNT: $218,454
SAN LUIS OBISPO, CA
NOW, THEREFORE BE IT RESOLVED, that the City Clerk is directed to
prepare the appropriate documents for signature by the successful bidder
and the Mayor.
On motion of Councilman Settle , seconded by Councilwoman Pinar4
and on the following roll call vote:
AYES: Councilmembers Settle, Pinard,, Rappa and Mayor Dunin
NOES: None
ABSENT: Councilmember Reiss
the foregoing resolution was passed and adopted this 15th day of
August 1989.
ATTEST:
City CY rk, Pamela
A OVED:
City ministra v Officer
ity Att ey
�r
or, Ron Dunin
6664
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RESOLUTION NO. 6663
(1989 Series)
1�--, .
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING SPECIFICATIONS,
AUTHORIZING STAFF TO ADVERTISE FOR BIDS
AND AUTHORIZING CAO TO AWARD CONTRACT TO SUCCESSFUL BIDDER
WHEREAS, funds are available for the acquisition of hardware for the
Public Safety Dispatch Computer Aided Dispatch System through the Equipment
Replacement Fund; and
WHEREAS, the hardware required has been specified and called for by the
software vendor;
NOW THEREFORE BE IT RESOLVED, that the City Council hereby approves the
specifications titled "Computer Aided Public Safety Dispatch Hardware and
Related Equipment "; directs staff to advertise for bids; and authorizes the
CAO to award the contract to the lowest most responsible bidder if below the
estimated amount.
On motion of Councilman Settle
and on the following roll call vote:
, seconded by Councilwoman Pinard ,
AYES: Councilmembers Settle, Pinard, Rappa and Mayor Dunin
NOES: None
ABSENT: Councilmember Reiss
the foregoing resolution was passed and adopted this 15th day of ..'L'
August , 1989.
PMAVO—R RON DUNIN
ATT ST:
CITY LERK PAM VOG
APPR
ity A istrative Officer
City Att4ney
F' ance Director
Police Chief
Fire Chief
6663
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RESOLUTION NO. 6662 (1989 SERIES)
OF__�e.C-
CITY OF •' •• AUE-ERIZING THE
C= ADMINISTRATIVE OFFICER TO • /••• A CONMACT
TO REID= THE CARBON Y' • •: UNITS
.I�S, the City of San Luis Obispo is actively engaged in a
program to obtain additional water supplies, including but not
limited to groundwater; and
W=AS, the City has located and drilled a groundwater well
located on City Property in Auto.Parkway; and
WEREA.S, the laboratory analysis have found levels of
tetrachloroethylene above the State maximum contaminate levels and
WfEREAS, the technology exists to effectively remove
tetraihloroethylene frees contaminated water; and
4MUZS, the City Council has identified and purchased a carbon
filtration system to treat the contaminated water; and
MMTAS, the carbon filtration unit Currently located at the well
site.is considered aesthetically undesirable by some of the nearby
property and business owners; and
WBEREAS, the City has agreed to relocate the filtration system to
a place where all persons concerned are satisfied.
NOW, Z3, BE IT RESOLVED That the Council authorizes the
City Aden nistrative Officer to enter into contract for the relocation
of the Carbon Filtration Units from the Auto Parkway Circle to a site
yet to be determined at a cost not to exceed $70,000.
On motion Of Councilwoman Pinard_ . Bonded by Councilman Reiss__
and on the following roll call vate.
AYES: Councilmembers Pinard, Reiss, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the following resolution was passed this 7th day of August
1989.
YOR RON DUNIN
r;rr1)
Resolution No. 6661` 1989 Series) - 2
APPROVED:
-1 044-1-� 6L.
CITYtADJANISTVIVE OFFICER
CITY ATTO Y
//2
FINMC-f DIRECTOR
UTILITIES DIRECTOR
WATER DIVISION MANAGER
1;
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city of san Us oBispo
Resotution
Of APPReClAtion
No. 6661
EXPRESSING THE CITY'S GRATITUDE.AND APPRECIATION
TO BILL HARRIS FOR HIS LONG AND DEDICATED
SERVICE TO THE CITY AND ITS CITIZENS
WHEREAS, Bill Harris was first hired as a laborer- equipment operator in August 1962
at the princely sum of $350 per month; and
WHEREAS, over the past 27 years Bill has held numerous increasingly responsible
positions within the Streets Division rising to his current level of Streets Maintenance
Supervisor; and
WHEREAS, during his career Bill has been in charge of every facet of street work
including street painting, creek maintenance, sidewalk repairs, chip seal.programs, street
paving programs; long -range planning, and preparation of materials and equipment
specifications; and
WHEREAS, Bill has intimate knowledge of all of the storm drain systems within_ the
system, having personally crawled through many of them; and
WHEREAS, during his career Bill has set an outstanding example for attendance,
punctuality, and reliability, almost never being sick or missing a day's work; and
WHEREAS, Bill has improved his skills by taking numerous courses, learning to use the
computer, and attending classes at night to obtain his A.A. degree; and
WHEREAS, Bill has always been available for emergency response during nights and
weekends, often when it was not his responsibility; and
WHEREAS, Bill has given unstintingly of his time in helping with special projects and
events, parades, and most notably the Fiesta; and
WHEREAS, Bill was recognized for his longterm service to Fiesta by being appointed
El Presidente in 1988; and
WHEREAS, Bill has been active in State -wide organizations rising to leadership
positions in the League of California Cities Employees Association, and in the Street
Superintendents' Association; and
WHEREAS, Bill has received numerous commendations for exceptional work during his caree
most notably for the Obispo Theatre fire, for the cleanup of an oil spill in San Luis Obispo
Creek, for his assistance in the Austria Salutes California Program, for yeoman work during
floods; and for the tanker truck overturn; and
WHEREAS, Bill's cc miunity interests and support will be sorely missed.
NOW, THEREFORE, BE IT RESOLVED that this City Council wishes to express its gratitude
and appreciation to Bill Harris for the long and dedicated service he has performed for the
City and its citizens.
. On motion of Counciema_n Sette seconded by Councilwoman Pinand
and on the following roll call vote:
AYES:- CounC.i.QlI embvL6 Settee, Pinand, Rappa, Re i.6s and Mayon 'Dun In
NOES: None -
ABSENT:' None
the foregoing Resolution was passed and adopted this 16t day of August
1989. /"1
VOGES,
MAYOR RON DUNIN
15284
L .gL6l
RESOLUTION NO. 6660 (1989 Series)
A RESOLUTION. OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING ISSUANCE OF A GRADING PERMIT TO ALLOW STOCKPILING
ON A SITE LOCATED AT 2353 BUSHNELL STREET AND ON AN UNIMPROVED
PORTION OF THE CITY'S BISHOP STREET RIGHT -OF -WAY
WHEREAS, the City Council received a request for a stockpiling grading permit for
property located at 2353 Bushnell Street and the adjacent unimproved portion of the
Bishop Street right -of -way; and
WHEREAS, the council has considered the reports of staff, public testimony, and
materials submitted by the applicant; and
WHEREAS, the potential environmental impacts of the project have been evaluated in
accordance with the California Environmental Quality. Act and the city's Environmental
Impact Procedures and Guidelines.
NOW, THEREFORE, the council resolves to authorize issuance of a grading permit as
follows:
SECTION 1. Findinss. This council finds:
The proposed grading operation will not adversely affect the health, safety and
welfare of persons residing or working on the site or in the vicinity.
2. The proposed grading. operation is consistent with the city's grading ordinance.
3. The proposed grading operation is exempt from environmental review;
SECTION 2. Conditions.
The early grading permit authorizing stockpiling at 2353 Bushnell Street and in the
adjacent undeveloped right -of -way of Bishop Street shall be valid for a period of six
months from the date of permit issuance from the Building Division. One time
extension of the permit, not to exceed a period of six months, may be requested in
writing prior to expiration of the permit to the approval of the Community
Development Director. The applicants' written request needs to document any
extenuating circumstances that would warrant an extension.
2. The applicants shall submit an application and appropriate plans for a grading permit
as outlined in Section 15.44.160 of the Municipal Code (Grading Ordinance).
3. The applicant's shall show on the grading plan how existing drainage swales will be
maintained and how drainage around stockpiles will be provided to the approval of the
City Engineer and Chief Building Official.
..#
Resolution No. 6660 (1989 Series)
Page 2
4, The applicants shall install a siltation fence around the stockpiles. Location,
height, and type of fencing shall be indicated on plans. Fencing shall be
periodically checked to insure that soil in the stockpile is being properly
contained.
5. The applicants shall hydroseed slope banks of the stockpiles to the approval of the
City Engineer and Chief Building Official prior to October 15, 1989.
6. The applicants shall deposit a cash surety guaranteeing proper maintenance of
stockpiles and restoration of the property to its present condition as required by
the Community Development Department. Amount of the surety shall be based on the
amount of stockpiled soil shown on final plans submitted and the estimated cost of
hauling away that quantity of material (not less than $4 per cubic yard).
7. The applicants shall indicate on plan how stockpiles will be treated to control dust.
8. Stockpiling operations shall be limited to the weekday hours from 8:00 a.m. to 5:00
p.m.
On motion of'--'Councilman Settle ,seconded byCouncilwoman Pinarind
on the following roll call vote:
AYES: Councilmembers Settle, Pinard, Rappa, Reiss, and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 1st day of August
1989.
yor Ron nunin
ATTEST:
C ty Clerk P Voges
, _- l
Resolution No. 6660 (1989 Series)
Page 3
APPROVED:
City ministrative Officer
City Attorn
v
Community Development Director
qy
RESOLUTION NO. 6659 (1989 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL CONCERNING
PROCESSING GENERAL PLAN AMENDMENT REQUESTS
WHEREAS, the council has initiated a comprehensive review and revision of the
general plan land use, open space, and circulation elements, as provided in the city
financial plan and work program; and
WHEREAS, private applicants have submitted several requests for significant. changes
to the adopted Land Use Element,-'and
WHEREAS, thorough evaluation of cumulative effects and efficient use of city staff
time will be provided by including the individual amendment requests in the comprehensive
revision;. and
WHEREAS, the council finds that establishing this policy is not a project for
purposes of environmental review; and
WHEREAS, the council on August 1, 1989, held a public hearing and considered public
testimony and the report and recommendation of staff;
NOW, THEREFORE, the council resolves that requests to amend the general plan Land
Use Element involving areas outside the city limits; or outside the adopted urban reserve
line, will be considered at public hearings no sooner than the Land Use Element update is
adopted. This policy will apply to all pending applications and any applications which
may be received before adoption of the Land Use Element update.
On motion of Councilmember Pinarc econded by Councilmember Settle
and on the following roll call vote:
AYES: Councilmembers Pinard, Settle, Rappa, Reiss and Mayor Dunin
NOES` None
ABSENT: None
the foregoing resolution was passed and adopted this 1st day of __August- . 1989.
Mayor Ron Dunin
ATTEST:
6659
('
We
Resolution No. 6659 (1989 Series)
Page 2
APPROVED:
-
City A inistrative Officer
City Attorne
Community Development Director
gm2.1:process
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RESOLUTION NO.6658 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ESTABLISHING A PARKING FEE FOR USERS
OF THE PALM STREET STRUCTURE ON THURSDAY EVENINGS
WHEREAS, the City of San Luis Obispo is host for the Farmer's
Market activities each Thursday evening; and
WHEREAS, the City benefits from the large number of visitors
that frequent the Thursday night activities; and
WHEREAS, the City's Parking Program has been experiencing
security and vandalism problems in the Palm Street Structure on
Thursday nights; and
WHEREAS, the City wishes to provide secure parking for all
users of the parking structure and the parking program would
benefit from the additional revenue; and
WHEREAS, the Council has considered the staff report and did
hold a public hearing on the parking fee.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo as follows:
SECTION 1. The fee to park in the Palm Street Structure on
Thursday nights shall be as follows:
A. All vehicles using the parking structure on Thursday nights
between the hours of 5:30pm and 9:30pm shall be required to pay
50 cents ($0.50). This fee will apply each time a vehicle
exits the structure from 5:30pm to 9:30pm.
B. All vehicles that park during the daytime and exit the
structure after 5e30pm on Thursdays will pay the normal rate of
25 cents ($0.25) per hour. Passcard holders, city vehicles on
official business, and emergency vehicles shall be exempt from
paying any fee.
On motion of Councilwoman Rappa —,seconded by Councilman Settle -
and on the following roll call vote:
6658
Resolution No. 6658 (1989)
Page 2
AYES: Councilmembers Rappa, Settle, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 1st day
of August 1989
O DUNIN
ATTES :
== u
City ki erk - PAM �
APPROVED-:
City Administrative Officer
ty
Financig'Director
Public Works Director
'4 e4�'_
Ci Engineer
N
RESOLUTION NO. 6657 (1989 Series)
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 1,
1989, 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 1989 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 1989/90
On motion of Councilmember Rappa seconded by
Councilmember Settle
and on the following roll call vote:
AYES: Councilmembers Rappa, Settle, Pinard Reiss and Mayor Dunin
NOES: 'None
ABSENT: None
the foregoing Resolution was passed and adopted this 1st Day of August
1989.
ATTEST
CITY CLERK, PAMELA
6657
RESOLUTION NO. 6657
APPROVED:
City Adm'nistrative Officer
City Attorney
I 41'a-4s
Fire Chie
Finance Director
(1989 Series) - Page two
AECEIVED �4 - -.'xx)
C
AUG 1 1989
4P 1989 WEED ABATEMENT BILLING EXHIBIT A
CITY CLERK
SAN ffMCtiAFta 4Ag is a breakdown of Fire Department abatement costs for 1989. This report
is being submitted to the San Luis Obispo City Council for approval on August 1, 1989.
- rA��• �rwT
L. Molinari, etal 001,122,021
643 Howard 55.00 41.25 75.00 171.25
r. NO3-'6-13,00:7
r.
63. --493421,010 • Pd
Ralph Battles 003,761,037
2604 El Cerrito 176.00 132.00 75.00 383.00 nn
OFa 58: Q3 77 nnn
T Gaidweil 004,292-,044-
7 95.09 562.
Vernon Pennington 004,582,006
2905 Rockview 375.00 281.25 75.00 731.25
S. Pd
Meadow Ltd. 004,833,004
Meadow /Woodbridge 111.00 83.25 75.00 269.25
R. F. Ballesteros 004,841,018
2211 Broad 33.50 24.75 75.00 133.25
• .nnn AC nno
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�- N.>�l�• r °-�� � 9 713 13 � c nn � � n 1 c 4
OiC411L CA/L-0- f-i
Larry oh 052,52G,42-9- HE 11 An
ball"y Evil va,,G 13 11
. QG�
cavil- Rc Burke _
865 Gapitelia
BGl2Z'�
4'
EXHIBIT A - Weed Abatement Billing - continued
I. Lara
053,063,001
3418 Sacramento
110.00
82.50
75.00
267.50
David Ruseh
053,063,041
Via Esteb
. W.09
0,.50
455M)
avn;r 4
815 %n
Richard Hampton
053,071,013
3428 Bullock Ln
499.50
374.63
75.00
949.13
East Fork Ltd.
053,081,043
Tank Farm Rd.
1,216.50
912.38
75.00
2,203.88
John Ruffoni
053,141,011
LOVR & 101
690.00
517.50
75.00
1,282.50
Guy Bartlett, etal
053,171,016
1575 Calle Joaquin
265.00
198.75
75.00
538.75
G. M. Bartlett
053,171,022
2153 Calle Joaquin
178.00
133.50
75.00
386.50
E. A. Alward
053,245,026
1715 DeAnza Ct.
44.00
33.00
75.00
152.00
A:WA89
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ATTACHMENT 1
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NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 8.08 of the Municipal
Code of the City of San Luis Obispo, the owner, occupant or agent in charge of the property, land
or lot upon which this notice is posted, is directed to remove or cause to be removed from said
premises, including adjacent streets and sidewalk areas, all weeds, rubbish and similar material
within TEN DAYS (10) FROM THE DATE OF THE POSTING OF THIS NOTICE.
NOTICE IS HEREBY FURTHER GIVEN that in the event such weeds and rubbish are not
removed within said ten (10) days, the same will be removed by the City of San Luis Obispo and
the expense and costs of such work shall become a lein against said premises.
Reference is hereby made to the San Luis Obispo Municipal Code, and City Ordinance No. 955,
(1983 Series) for further particulars.
DATE POSTED:
HAZARD ABATEMENT OFFICER
549 -7387
g FIRE depARtment
e'. 11II'i i J,Gwi,.,1�' ��� Of
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san Luis OBISPO
•
ATTACHMENT 2
��Iililllllllll ���
['a y of sAn tuis oBispo
I
FIRE DEPARTMENT
oOM 748 Pismo Street . San Luis Obispo.CA 93401 • . 549 -7387
May 18, 1989
Parcel Number:
is • JA
r. I.
Representatives of the Fire Department recently inspected the
Property described by the parcel number listed above. They saw
weeds or trash, or both, that could be a fire - hazard or public
nuisance. Section 8- 18.020 of the Municipal Code requires citizens
to keep their property clear of hazards. County records indicate
that you own this property. If you don't own it, please notify us
immediately of the owner's name and address.
At the time of inspection, a "Not-ice To Clear Weeds and Trash" card
was posted on the property. If you did not see the notice, this
letter is to confirm what the notice said. The hazards must be
cleared 10 days from the date of this letter.
If you cleared the property between the original posting and the
receipt of this notice, thank you for your cooperation and please
disregard this letter.
We will inspect the property again in 10 days. That should allow
Plenty of time to mow, disc, scrape or rototll, and dispose of any
trash:_(if that hasn't been done already). If weeds and /or trash have
not been cleared satisfactorily by then, we will have a private con-
tractor perform the work and you will be billed accordingly by the
City. We have to charge an additional SEVENTY- FIVE.PERCENT (75 %)
for administrative costs, so if you want - a contractor to do it, it
would be cheaper for you to hire the contractor yourself. We can
give you names of people or firms that do.lot= clearing if you cannot
locate one.
IMPORTANT. NOTE: SHOULD YOU FAIL TO ABATE YOUR•.PREMISES, YOU WILL BE
ASSESSED A $75.00 PENALTY IN ADDITION TO ALL OTHER COSTS.
For more information, or if you have any questions, please-call this
department at 549 -7387 and ask for Carrie Bassford, the Hazard Abate
merit Officer.
THANK YOU for helping keep San Luis Obispo a fire -safe and attractive
rtnmmitnity ._
NOTICE IS HEREBY GIVEN that on the 1st day of August, 1989, at approximately
7:00 p.m., in the Council Chambers of City Hall at 990 Palm Street, San Luis Obispo,
California; the report of the Fire Chief on the cost of destruction or removal of weeds
and /or debris and the assessment list thereon will be presented to the City Council for
consideration, correction, and confirmation and that at said time and place, any and all
persons interested in or having any objections to said report or list or proposed
assessments, or to any matter or thing contained therein, may appear and be heard. The
failure to make any objection to said report and list shall be deemed a waiver of the
same.
Upon confirmation of said assessment by the City Council, the amount thereon will
be payable. In the event the same is not paid on or before the 2nd day of August
following the aforesaid hearing, said assessment will be added to the tax bill for said
property and thereafter shall become a lien on said property..
The Municipal Code, Sections 8.08.030 to 8.08.110 inclusive, provides for the removal
from property of weeds, rubbish and other materials which may endanger or injure
neighboring property or the health or welfare of residents of the vicinity. The code also
provides for the establishment of liens for the cost of such removal and for the
enforcement of such liens.
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of Chapter 8.08 of the
San Luis Obispo Municipal Code, the Fire Chief has destroyed or removed weeds and
debris from the real property owned, occupied, rented, managed or controlled by you and
from the portions of streets, alleys, and sidewalks adjoining the same, which real
property is described as follows:
PARCEL NUMBER:
The City's Finance Department is billing you for the cost of said destruction or
removal proposed to be assessed against said property, including a 75% administrative
charge; and a $75.00 penalty fee, for a total of $ (per Ordinance
955, 1983 Series /3- 15 -83).
You may pay this assessment at any time before August 2, 1989 by 5:00 p.m. at
City Hall, 990 Palm Street, San Luis Obispo, California at the. City Finance Department.
Assessments not paid by that time will be added . to the tax rolls, and shall become
a lien against the subject property.
Erwin Willis
Fire Marshal
FDP 255/WA89
O h,
�\ V
RESOLUTION NO. 6656'(1989 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 1150
AT 2877 BROAD STREET (JOHN & CAROLE KING, SUBDIVIDERS)
WHEREAS, the City Council made certain findings concerning Tract No. 1150,
and as contained in Resolution No. 5322 (1984 Series), and
WHEREAS, all conditions required per Resolution No. 5322 (1984 Series) have
been met, and
WHEREAS, all public improvements have been constructed to City standards,
and specifications,
NOW THEREFORE.BE IT RESOLVED that the public improvements for Tract No.
1150 are hereby accepted by the City for maintenance, except for the
landscaping of the park and Rockview and Broad Street entrances, which are to
be maintained by the subdivider for one year after acceptance. The faithful
performance surety ($52,500 cash deposit) shall be retained as a warranty for
one year in accordance with the subdivision agreement. , A warranty bond may be
substituted for the cash deposit..
On motion of Councilwoman Pinard , seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Pinard, Rappa, Reiss, Settle and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 1st day of
August
1989..
R RON DUNIN
ATTEST:
PqC.
CIT CLERK PAM VO
6656
0 O
Resolution No. 6656 (1989 Series)
Page Three.
APPROVED:
City Ad inistrative Officer
City Attorne
Public Works Director
Community Development Director
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RESOLUTION NO. 6655 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE TRAFFIC WORK ORDERS
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
The Traffic Work Orders for the period of April 1, 1989 through June 30,
1989 are hereby approved.
On motion of Councilman Settle seconded by Councilwoman Pinard
and on the following roll call vote:
AYES: Councilmembers Settle, Pinard, Rappa and Reiss
NOES: Mayor Dunin
ABSENT: None
the foregoing Resolution was passed and adopted this 1st day of August
1989.
ATTES
4L..._. V
CIT. CLERK PAM V S
APPROVED:
lib3 /wr1
by
C�
6655
I\
I
�J
6654
RESOLUTION NO. (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO
APPROVING THE 1989 -91 FINANCIAL PLAN
AND APPROPRIATING FUNDS FOR
THE 1989 -90 FISCAL YEAR
WHEREAS, the City Administrative Officer recommends a comprehensive Financial Plan
for the 1989 -91 Fiscal Years in accordance with accepted budget policies and programs
established by the Council; and
WHEREAS, the Financial Plan is based upon public comment and direction of the
Council after scheduled budget hearings held between January 9 and July 24, 1989;
WHEREAS, the Council reviewed the City's Annual Work Program as an integral
component of the Financial Plan preparation process.
NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo that:
Section 1. The Financial Plan for Fiscal Years 1989 -91 is hereby approved.
Section 2. The Operating, Debt Service,. and Capital Outlay Budget for the Fiscal
Year beginning July 1, 1989 and ending June 30, 1990 is hereby appropriated as follows:
Onrrnt ;na TlPht Q^ru;ro me ;rot
Public Safety
Public Utilities
Transportation
Leisure, Cultural, and Social Services
Community Development
General Government
TOTAL
6 8,202,300
$ 0
$ 3;299,400
4,578,200
677;400
32,585,000
2,453,300
1,400;000
2,231,600
3,266,700
67,000
1,058,000
2,909,600
0
330,000
4.150.000
34.400
415.000
25;560.100
$2.178.800
$39.919.000
6654
On motion of Councilmember Rapp4econded by Mayor Dunin ,and on
the following roll call vote:
AYES: Councilmember.Rappa, Mayor Dunin and Councilmember Reiss
NOES: Councilmembers Pinard and Settle
ABSENT: None
the foregoing Resolution was passed and adopted this __24th day of July
1989.
A
Citv\ Clerk Pam
City_Ak�ninistrative Officer
City
of Finance
Mayor Ron Dunin
,,
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RESOLUTION NO. 6653 (1989 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING IN CONCEPT AN AGREEMENT BETWEEN CITY STAFF AND
SEVERAL PROPERTY AND BUSINESS OWNERS LOCATED ON AUTO PARK WAY
WHEREAS, there exists a bona -fide emergency water shortage for residents of and
visitors to San Luis Obispo; and
WHEREAS, the City is actively engaged in a program to obtain additional water
supplies, including, but not limited to, water conservation and ground water; and,
WHEREAS, the City has located and drilled a ground water well located on City
property in Auto Park Way; and
WHEREAS, said well produces water which needs treatment in order to be potable;
and
WHEREAS, the Council has identified and purchased a carbon filtration system
as the means to treat the water; and
WHEREAS, the carbon filtration unit currently located at the well site is
considered aesthetically undesirable by some of the nearby property and business
owners; and
WHEREAS, it is the City's desire to use all,- reasonable means to relocate the
filtration system to a place where all persons! concerned are satisfied; and
WHEREAS, City staff and several interested property and business owners have
met and discussed a possible relocation site; and
WHEREAS, these possible relocation discussions have been reduced to letter
form, a copy of,which is attached hereto as Exhibit "A" and incorporated herein by
reference; and
WHEREAS, the letter agreement appears to set forth a reasonable solution to the
current situation.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That letter agreement (Exhibit "A ") between staff and various business and
property owners is hereby approved in concept as a desirable way to resolve the
honest and good faith disagreement as to the location and impact of the filtration
treatment system for the Auto Park Way well site.
2. Staff is hereby directed to proceed as expeditiously as possible, and in
a manner consistent with City rules, regulations, policies and practices, to
implement the provisions of Exhibit "A."
6653
'Y
3. Staff is hereby directed to keep Council reasonably informed as to the
progress of this matter and to bring to Council any and all necessary documents,
agreements, easements or transfers of real property relevant to this matter for
Council review, consideration, direction and /or possible action.
On motion of Council Member Settle, seconded by Council Member Rappa, and on
the following roll call vote:
AYES: Council Members Settle, Rappa, Pinard and Mayor Dunin
NOES: None
ABSENT: Council Member Reiss
the foregoing Resolution was passed and adopted this 18th day of July 1989.
MAYOR RON DUNIN
APPROVED:
Director of Utilities
i
L�X kl Gl- � r
July 18, 1989
Dear Mayor Dunin and City Councilmembers:
This letter is a follow -up to two meetings which took place on July 17, 1989
and represents an agreement between property owners and lessees on Auto Park
Way (Rancho Grande Motors and KSBY) and staff representatives of the City of
San Luis Obispo.
City of San Luis Obispo staff representatives agree as follows:
1. That the City will install the carbon filtration units in the cul -de -sac on
Auto Park Way on a temporary basis, and will use its best efforts to relocate
the units onto adjacent land owned by the O'Reilly Family Trust and /or KSBY
within a sixty -day period.
2. That the City will do everything within its power to -cause and permit the
relocation of the units to the referenced private property within sixty days,
including:
A. Obtaining a permanent easement from one or both of the private property
owners for the existing and any future carbon filtration and control
building units, water pipelines, power lines and other utilities necessary
for operation of the treatment units.
a. Obtaining an administrative use permit from the Community Development
Department and, as needed, from the Planning Commission.
C. Obtaining approval from the Architectural Review Commission for
landscape screening of the units in their new location.
D. Installation of the concrete base in the new location and installing
water pipelines to the new location.
E. Any other work item under City control that is reasonably necessary to
achieve the relocation of the units.
Private property owner the O'Reilly Family Trust and KSBY and their lessees and
representatives agree as follows:
1. That one or both of the owners will provide a permanent easement to the
City in the area generally to the rear of their above - mentioned properties for
the installation of the existing and any future carbon filtration and control
building units, water pipelines, power lines and other utilities necessary for
operation of the treatment units and for the installation of inter- connecting
water pipelines, and to provide reasonable access for construction and
installation and ongoing maintenance and operation.
2. That they will work with and cooperate with
such initiatives as are necessary on their part
units.
City representatives and take
to cause the relocation of the
3. That.will be no cost or charge to the City for the granting of the easement
for the units, or for normal access to the units or the water pipeline for
installation, maintenance and removal.
It is agreed between the parties that it is not necessary to landscape /screen
the site in the center of the cul -de -sac on Auto Park Way, because of the
short -term interim nature of this use.
It is recognized by both parties to this agreement that there are circumstances
and contingencies which could prevent or delay the relocation of the units, but
that both parties will use their best efforts and their authority to cause the
timely relocation of the carbon filtration units to a more suitable and less
visible site within the stated time period or as soon thereafter as possible.
For the City of San Luis Obispo:
John D nn
Gi` _ dministrative office
�1
William Hetland
Director of Utilities
JD:mp
For the Property Owners
and - ,their R re entat'ves:
- 7 _
Owner
Rancho Grande.Motors Property
owner
Rancho Grande Motors Business
Pa-dm de MDors, By: Dean Ha-pt,
A& c t� t
,yro eWfker
KSBY Q.R. Randy Oswald
President & Gent-rat Manager
1
RESOLUTION NO. 6652 (1989 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL,
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC.
FOR CHAMBER TO CONTINUE TO PERFORM CERTAIN VISITOR AND TOURIST
INFORMATION ACTIVITIES FROM A CHAMBER OPERATED VISITORS' CENTER
BE IT RESOLVED by the San Luis Obispo City Council as follows:
SECTION 1. That certain agreement attached hereto, marked
Exhibit "A" and incorporated herein by reference, between the City of
San Luis Obispo and is hereby approved and the Mayor is authorized to
execute the same.
SECTION 2. The City Clerk shall furnish a copy of this
resolution and a copy of the executed agreement approved by it to:
Dave Garth, Executive Manager of the Chamber of Commerce; San Luis
Obispo Finance Director; and the President of the Chamber- of Commerce.
On motion of Councilwoman Rappa , seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Rappa, Settle, Pinard and Mayor Dunin
NOES: None
ABSENT: Councilmember Reiss
the foregoing Resolution was passed and adopted this 18th day of July
1989.
ATTES
CITY ERK, PAM G
Approvedi
1L" .,rte �• — e
e.----`MAYOR, RON DUNIN
6652
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EXHIBIT "A"
PROFESSIONAL SERVICES AGREEMENT
TO PROVIDE VISITORS SERVICES AND
TOURIST INFORMATION ACTIVITIES
This agreement, made this 18th day of July
and between the CITY OF SAN LUIS OBISPO, California
referred to as "City "), and CHAMBER OF COMMERCE OF
OBISPO, INC., CALIFORNIA, (hereinafter referred to
"Contractor").
WITNESSETH:
, 1989 by
(hereinafter
SAN LUIS
as
WHEREAS. City desires to continue to promote its advantages
as a tourist and recreational center, disseminate visitor
information relative thereto, and properly respond to inquiries
about various activities of City and its possibilities; and
WHEREAS, City desires Contractor to continue to perform
certain visitor and tourist information services for City which
City believes will be of great advantage and benefit to the City
and its citizens, residents, property owners and taxpayers
thereof, and will promote the general welfare; and
WHEREAS, Contractor is organized for and equipped to carry
on such informational activities on behalf of City, and is in a
position to accomplish such aims and purposes of City in an
efficient and economical manner; and
WHEREAS, the provisions of the Government Code of the State
of California authorize the expenditure of public funds by a
municipal corporation as therein and herein provided.
NOW, THEREFORE, in consideration of their mutual covenants,
the parties hereto agree as follows:
1.
C O
PROGRAM COORDINATION:
a. Cit y. The City Administrative Officer or his desig-
nd representative, shall be,the Project Manager re-
presenting the City for all purposes under this agree-
ment. He shall supervise the progress and execution of
this agreement.
b. Contractor. Contractor shall assign a single Project
Manager to have overall responsibility for the progress
and execution of this agreement for Contractor. Dave
Garth is hereby designated as the Project Manager for
Contractor. Should circumstances or conditions subse-
quent to the execution of this agreement require a.sub-
stitute Project Manager for any reason, the Project
Manager designee shall be subject to the prior written
acceptance and approval by City Project Manager.
2. DUTIES OF CONTRACTOR:
a. In addition to the Visitor Services Agreement, City
contracts with the San Luis Obispo Chamber of Commerce
(Contractor) for promotional services and the Visitors
and Conference Bureau (VCB). The City separately con-
tracts with an independent agency to provide
advertising 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.duplication of
costs associated with the VCB, the Promotional
Services, and Advertising Agreements. .
b. Services to be furnished. Contractor shall provide all
specified services as set forth and.incorporated herein
by this reference.
C. Chamber will maintain a public office within the City
of San Luis Obispo at a location acceptable to the City
Council. Contractor will maintain a fully competent
staff in this office including a manager with necessary
secretarial assistance. The Contractor office will pro-
vide information to visitors and to business and pro-
fessional people. The office will be .staffed and open
to the public daily during regular office hours seven
(7) days per week, excepting legal holidays.
0 0
Contractor will also maintain telephone services open
to the public desiring information, will provide writ-
ten responses to inquiries, and will distribute appro-
priate printed material. The information program will
include distribution of such material to local agencies
and businesses for dissemination to their customers and
tourists. The Contractor shall also distribute appro-
priate material to other chambers, tourist agencies,
and travel organizations in other communites. Except
for material which is furnished to the Contractor by
the City, the Contractor shall be permitted to charge
reasonable fees for material which it distributes.
1) Contractor will employ a manager and other neces-
sary personnel. The manager's qualifications will in-
clude training and experience in public relations and
public information.
2) Contractor will distribute maps and promotional lit-
erature about San Luis Obispo and will conduct an in-
formation program including maintaining files on the
community's economic data, recreational facilities and
events, general business conditions, historic points of
interest, and cultural activities. This program will be
directed toward visitors and others who have interest
in the community.
3) Contractor will also maintain a library of litera-
ture, business and telephone directories for public
use.
4) Contractor will cooperate with the City's promotion-
al advertising program by responding to inquiries, tab-
ulating and reporting responses and coordinating acti-
vities and services.
5) In all activities, Contractor shall be a public re-
lations agency disseminating information and creating
goodwill and advancing the development of San Luis
Obispo and its trading area. Contractor furthermore
agrees to cooperate in ascertaining the most favorable
long -range activities for the community.
6) Contractor will carry on such other duties as may be
mutually agreed upon.by the parties hereto to promote
tourism, conferences, conventions, and related business
and cultural activities in the community.-
o
d. Notwithstanding any other representations, oral . or
written, between the parties, including any and all a-
gents or representatives thereof., Contractor at all
times covered by the terms of this agreement is acting
as a free and independent contractor, not as an agent
of the City. Any and all supervision and direction by
any City official, department or body shall be only
that necessary to provide broad general outlines, and
Contractor will use its own initiative and discretion
in performing the details of work herein.
e. All services provided -by the Contractor listed within
this agreement are in addition and beyond those of any
and all other contracts currently held between the City
and Contractor.
f. Laws to be observed. Contractor shall:
1) Procure all permits and licenses, pay all charges
and fees, and give all notices which may be necessary
and incidental to the due and lawful prosecution of the
services to be performed by Contractor under this
agreement;
2) Keep itself fully informed of all existing and pro-
posed federal, state and local laws, ordinances, regu=
lations, orders, and decrees which may affect those en-
gaged 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 men-
tioned above.
4) Immediately report to the City's Project Manager in
writing any discrepancy or inconsistency it discovers
in said laws, ordinances, regulations, orders, and de-
crees mentioned above in relation to any plans, draw-
ings, specifications, or provisions of this agreement.
g. Copies of reports and information. If City requests ad-
ditional copies of reports, drawings, specifications,or
any ether 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 du-
plicating of such copies at Contractor's direct ex-
® G
pense.
h. Qualifications of Contractor. Contractor represents
tit is qualified t�ish the services described
under this agreement.
3. DUTIES OF CITY:
City agrees to cooperate with Contractor and to perform work
described hereto and incorporated by this reference.
4. COMPENSATION•
City shall pay to Contractor the following sums for furnish-
ing said services:
a. Commencing July 1, 1989,
year, City shall pay Contract
Thousand Five Hundred Dollars
in two installments of Twenty
Fifty Dollars ($22,750.00) on
1990.
and continuing for one (1)
Dr the sum of Forty Five
($45,500.00) per year payable
Two Thousand Seven Hundred and
August 1; 1989 and January 1,
5. TIME FOR COMPLETION OF THE WORK:
Program is for the period July 1, 1989 to June 30, 1990.
6. TEMPORARY SUSPENSION:
The City Project Manager shall have the authority to suspend
this agreement wholly or in part, for such period as he
deems necessary due to unfavorable conditions or to the
failure on the part of the Contractor to perform_ any provi-
sion of this agreement. Contractor will be paid the.compen-
sation due and payable to the date of temporary suspension.
7. SUSPENSION; TERMINATION:
a. Right to suspend or. terminate. The City retains the
right to erminate 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.
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8. INSPECTION•
Contractor shall furnish City with every reasonable
opportunity for City to ascertain that the services of
Contractor are being performed in accordance with the
requirements and intentions of this agreement. All work done
and all materials furnished, if any, shall be subject to the
City's Project Manager's inspection and approval. The
inspection of such work shall not relieve Contractor of any
of its obligations to fulfill its agreement as prescribed.
9. NOTICE•
All notices hereunder shall be given in writing and mailed,
postage prepaid, by Certified Mail, addressed as follows:
To City: Pamela Voges, City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
To Contractor: Chamber of Commerce
of San Luis Obispo
1041 Chorro Street, Suite E
San Luis Obispo, CA 93401
10. INTEREST OF CONTRACTOR:
Contractor covenants that it presently has no interest, and
shall not acquire any interest, direct or indirect,
financial or otherwise, which would conflict in any manner
or degree with the performance of the services hereunder.
Contractor further covenants that, in the performance of
this agreement, no subcontractor or person having such an
interest shall be employed. Contractor certifies that no one
who has or will have any financial interest under this
agreement is an officer or employee of City. It is expressly
agreed that, in the performance of the services hereunder,
Contractor shall at all times be deemed an independent
contractor and not an agent or.employee of City.
11. INDEMNITY•
Contractor hereby agrees to indemnify and save harmless
City, its officers, agents, and employees:
o o
A. Any and all claims and demands which may be made
agai y nst 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 condition of any permit, when said
violation of any law or regulation or of any term or
condition of any permit is due to negligence on the
part of the Contractor.
Contractor, at.its own costs, expense, and risk, shall
defend any and all suits, actions, or other legal
proceedings that may be brought against or for
employees on any such claim or demand of such third
persons, or to enforce any such penalty, and pay-and
satisfy any judgment or decree that may be rendered
against City, its officers, agents, or employees in any
such suit, action.or other legal proceeding, when same
were due to negligence of the Contractor.
12. WORKERS COMPENSATION:
Contractor certifies that it is aware of the provisions of
the Labor Code of the State of California, which require
every employer to be insured against liability for
workers compensation or to undertake self- insurance in
accordance with the provisions of that code, and it
certifies that it will comply with such provisions
before commencing the performance of the work of. this
agreement.
13. INSURANCE:
Contractor shall provide proof of comprehensive general
liability insurance in the amount of ($500,000).
14. AGREEMENT BINDING:
The terms, covenants, and conditions of this agreement shall
apply to, and shall bind, the heirs, successors, executors,
administrators, assigns, and subcontractors of both parties.
15. WAIVERS:
The waiver by either party of any breach or violation of any
term, covenant, or condition of this agreement or of any
provision, ordinance, or law shall not be deemed to be a
waiver of any subsequent breach of violation of the same or
of any other term, covenant, condition, ordinance, or law.
The subsequent acceptance by either party of any fee or
other money which may become due hereunder shall not be
deemed to be a waiver of any preceding breach or violation
by the other party of any term, covenant, or condition of
this agreement or of any applicable law or ordinance.
16. COSTS AND ATTORNEY'S FEES:
The prevailing party in any action between the parties to
this agreement brought to enforce the terms this
agreement or arising out of this agreement may recover its
reasonable costs and attorney's fees expended in connection
with such an action from the other party..
17. DISCRIMINATION:
No discrimination shall be made in the employment of persons
under this agreement because of the race, color, national
origin, ancestry, religion, sexual orientation, or sex of
0 0
such person.
If Contractor is found in violation of the nondiscrimination
provisions of the State of California Fair Employment
Practices Act or similar provisions of federal law or
executive order in the performance of this agreement, it
shall thereby be found in material breach of this agreement.
Thereupon, City shall have the power to cancel or suspend
this agreement, in whole or in part, or to deduct from the
amount payable to Contractor the sum of Twenty -Five Dollars
($25) for each person for each calendar day during which
such person was discriminated against, as damages for said
breach of contract, or both. Only a finding of the State of
California Fair Employment Practices Commission or the
equivalent federal agency or officer shall constitute
evidence of a violation of contract under this paragraph.
If Contractor is found in violation of the nondiscrimination
provisions of this agreement or the applicable affirmative
action guidelines pertaining to this agreement, Contractor
shall be found in material breach of the agreement.
Thereupon, City shall have the power to cancel or suspend
this agreement, in whole or in part, or to deduct from the
amount payable to Contractor the sum of Two Hundred Fifty
Dollars ($250) for each calendar day during which Contractor
is found to have been in such noncompliance as damages for
said breach of contract, or both.
18. AGREEMENT CONTAINS ALL UNDERSTANDINGS:
This document represents the entire and integrated agreement
between City and contractor and supersedes all prior
negotiations, representations, or agreements, either written
or oral. This document may be amended only by written
instrument, signed by both City and Contractor. All
provisions of this agreement are by made conditions.
This agreement shall be governed by the laws of the State of
California.
o
IN WITNESS WHEREOF, City and Contractor have executed this
agreement on the day and year first above written.
By
Corporate Secretary
CITY OF SAN LUIS OBISPO
By
Mayor Ron Dunin
ATTEST:
Pamela Voges, City Clerk,
lw:vcbcont
6 -30 -89
0
RESOLUTION NO. 6651 (1989 Series)
__A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL,
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC.
FOR CHAMBER TO CONTINUE TO PERFORM PROMOTIONAL SERVICES ON BEHALF OF
THE CITY OF SAN LUIS OBISPO
BE IT RESOLVED by the San Luis Obispo City Council as follows:
SECTION 1. That certain agreement attached hereto, marked
Exhibit "A" and incorporated herein by reference, between the City of
San Luis Obispo and is hereby approved and the Mayor is authorized to
execute the same.
SECTION 2. The City Clerk shall furnish a copy of this
resolution and a copy of the executed agreement approved by it to:
Dave Garth, Executive Manager of the Chamber of Commerce; San Luis
Obispo Finance Director; and the President of the Chamber of Commerce.
On motion of Councilwoman Rappa , seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Rappa, Settle, Pinard and Mayor Dunin
NOES: None
ABSENT: Councilmember Reiss
the foregoing Resolution was passed and adopted this 18th day of July ,
1989.
DUNIN
ATTE T �
CITY CLERK, PAM V ES' -
Approved:
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EXHIBIT "A"
PROFESSIONAL SERVICES AGREEMENT
TO PROVIDE VISITORS SERVICES AND
TOURIST INFORMATION'ACTIVITIES
This agreement, made this 18th day of July 1 1989 by
and between the CITY OF SAN LUIS OBISPO, California (hereinafter
referred to as "City "), and CHAMBER OF COMMERCE OF SAN LUIS
OBISPO, INC., CALIFORNIA, (hereinafter referred to as
"Contractor ").
WITNESSETH:
WHEREAS, City desires to promote its advantages as a
tourist and recreational center; and
WHEREAS, arranging and obtaining favorable coverage about
the community in the various news mdeia likely to be read by
potential visitors to the city is an integral part of its.
Promotion as a tourist and recreational center; and
WHEREAS, the coordination and development of cultural and
recreational events is a necessary adjunct to the proper
promotion of the city; and
WHEREAS, the Chamber staff is qualified and the office is
equipped to carry out such activities on behalf of the City; and
WHEREAS, the provisions of the Government. Code of the State
of California authorize the expenditure of public funds by
municipal corporations as therein and herein provided..
NOW, THEREFORE, in consideration of their mutual covenants,
the parties hereto agree as follows:
1. PROGRAM COORDINATION
a. Ci�t . The City Administrative officer or his
designated representative, shall be the Project Manager
representing the City for all purposes under- this
agree ment. He shall supervise the progress and
execution of this agreement.
b. Contractor. Contractor shall assign a single Project
Manager to have overall responsibility for the progress
and execution of this agreement for Contractor. Dave
Garth is hereby designated as the Project Manager for
Contractor. Should circumstances or conditions subse-
quent to the execution of this agreement require a sub-
stitute Project Manager for any reason, the Project
Manager designee shall be subject to the prior written
acceptance and approval by City Project Manager.
2. DUTIES OF CONTRACTOR:
a. In addition to the Promotional Services Contract,
City contracts with the San Luis Obispo Chamber of
Commerce (Contractor) for promotional services and the
Visitors and Conference Bureau (VCB). The City
separately contracts with an independent agency to
provide advertising 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
duplication of costs associated with the VCB, the
Promotional Services and Advertising Agreements.
b. Services to be furnished. Contractor shall provide all
specified services as set forth and incorporated herein
by this reference.
C. Chamber- will maintain an office suitable for the
conduct of a promotional program. This office shall be
open during normal business hours to facilitate contact
with the news media representatives and to disseminate
news releases and promotional information in a
professional manner to various media.
d. Chamber staff shall include personel qualified in
public relations. Public information shall be available
as necessary to the successful implementation of a
promotional program.
e. Chamber shall conduct ea promotional and publicity
program on behalf of City as outlined here below or as
may be modified from time to time by mutual agreement
between the City and the Chamber.
f. The - program to be conducted by the Chamber shall
0 0
include, but not be limited to the following:
(1) The writing, production and distribution of news
releases, feature stories, photographs and
illustrations, radio and television news materials,
informational fliers, graphics, and such personal
contacts with the media as maybe necessary for the
general promotion of the City of San Luis Obispo as a
tourist destination.
(2) Maintaining a file of clippings, news releases,
artwork, and other promotional material produced by the
Chamber on behalf of,the City pursuant to this contract
which shall be available to the City or its designated
agents for use in promotional programs at the sole
discretion of the City.
(3) Representation at meetings of the PCC, and at the
direction of the Chairman of the PCC, the meetings of
other City commissions and the City Council.
(4) Maintanance of a liason with groups and
individuals in the community who express an interest in
producing information and /or programs which support the
promotional activities of the City of San Luis Obispo.
(5) The Chamber shall submit a monthly written report
of promotional services rendered including copies of
press releases, feature stories, photographs and
illustrations, radio and television news materials, .
fliers, graphics, and other materials prepared on
behalf of the City at each regular meeting of the PCC.
Said monthly report shall include an itemized statement
regarding .Chamber staff hours devoted to the City's
promotional program during the preceding month.
g. All services provided by the Contractor listed within
this agreement are in addition and beyond those of any
and all other contracts currently held between City and
Contractor.
h. Laws to be observed. Contractor shall:
1) Procure all
and fees, and
and incidental
services to be
agreement;
2) Keep itself
.posed federal,
permits and licenses,
give all notices which
to the due and lawful
performed by Contract
fully informed of all
state and local laws,
pay all charges
may be necessary
prosecution of the
Dr under this
existing and pro -
ordinances, regu-
f V
lations, orders, and decrees which may affect those en-
gaged 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 men-
tioned above.
4) Immediately report to the City's Project Manager in
writing.any discrepancy or inconsistency it discovers
in said laws, ordinances, regulations, orders, and de-
crees mentioned above in relation to any plans, draw-
ings, specifications, or provisions of this agreement.
i. Copies of reports and information. If City requests ad-
itiona_ copies of reports, 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 du-
plicating of such copies at Contractor's direct ex-
pense.
j. Qualifications of Contractor. Contractor represents
that it is qualified to furnish the services described
under this agreement.
3. DUTIES OF CITY:
4.
City agrees to cooperate with Contractor and to perform work
described hereto and incorporated by this reference..
City shall pay to Contractor the following sums for furnish -
ing said services:
a. A flat rate of Twenty Six Thousand, Five Hundred
Dollars ($26,500) per year of office space, staff, and
expenses.
b. Payment shall be made in two equal installments of
$13,250.00 on August 1, 1989 and January 1, 1990.
5. TIME FOR COMPLETION OF THE WORK:
Program is for the period July 1, 1989 to June 30, 1990.
6. TEMPORARY SUSPENSION:
The City Project Manager shall have the authority to suspend
this agreement wholly or in part, for such period as he
deems necessary due to unfavorable conditions or to the
failure on the part of the Contractor- to perform any provi-
sion of this agreement. Contractor will be paid the compen-
sation due and payable to the date of temporary suspension.
7. SUSPENSION; TERMINATION:
a. Right to suspend or terminate. The City retains the
right to terminate -this agreement for any reason by
notifying Contractor'in writing sixty (60) days prior to
termination and by paying the compensation due and.payable
to the date of termination; provided, however, if this
Agreement is terminated for fault of Contractor, City shall
be obligated to compensate Contractor only for that portion
of contractor services which are of benefit to City. Said
compensation is to be arrived at by mutual agreement of
theCity and Contractor and should they fail to agree, then
an independent arbitrator is to be appointed_ by mutual
agreement and his decision shall be. binding upon the
parties.
8. INSPECTION•
Contractor shall_ furnish City with every reasonable
opportunity for City to ascertain that the services of
Contractor- are being performed in accordance with the
requirements and intentions of this agreement. All work done
and all materials furnished, if any, shall be subject to the
City's Project Manager's inspection and approval. The
inspection of such work shall not relieve Contractor of any
of its obligations to fulfill its agreement as prescribed.
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 93463 -8100
To Contractor: Chamber of Commerce.
of San Luis Obispo
1041 Chorro Street, Suite E_
San Luis Obispo, CA 93401
10. INTEREST.OF CONTRACTOR:
Contractor covenants that it presently has no interest, and
shall not acquire any interest, direct or indirect.,
financial or otherwise, which would conflict in any manner
or degree with the performance of the services hereunder.
Contractor further covenants that, in the performance of
this agreement, no subcontractor or person having such an
interest shall be employed. Contractor certifies that no one
who has or will have any financial interest under this
agreement is an officer or employee of City. It is expressly
agreed that, in the performance of the services hereunder,
Contractor shall at all times be deemed an independent
contractor and not an agent or employee of City.
11. INDEMNITY•
Contractor hereby agrees to indemnify and save harmless
City, its officers, agents, and employees:.
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 condition of any permit, when said
violation of any law or regulation or of any term or
condition of any permit is due to negligence on the
part.of the Contractor.
Contractor, at its own costs, expense, and risk, shall
defend any and all suits, actions, or other legal
proceedings that may be brought against or for
employees on any such claim or demand of such third
persons, or to enforce any such penalty, and pay and
satisfy any judgment or decree that may be rendered
against City, its officers, agents, or employees in any
such suit, action or other legal proceeding, when same
were due to negligence of the Contractor.
12. WORKERS COMPENSATION:
Contractor certifies that it is aware,of the provisions
of the Labor Code of the State of California, which
require every employer to be insured against liablity
for workers compensation or to undertake self- insurance
in accordance with the provisions of that code, and it
certifies that it will comply with such provisions
before commencing the performance of the work of this
agreement.
13. INSURANCE•
Contractor shall provide proof of comprehensive general
liability insurance in the amount of ($500,000).
14. AGREEMENT BINDING:
The terms, covenants, and conditions of this agreement shall
apply to, and shall bind, the heirs, successors, executors,
administrators, assigns, and subcontractors of both parties.
15. WAIVERS•
The waiver by either party of any breach or violation of any
term, covenant, or condition of this agreement or of any
provision, ordinance, or law shall not be deemed to be a
waiver of any subsequent breach of violation of the same or
of any other term, covenant, condition, ordinance, or law.
The subsequent acceptance by either party of any fee or
other money which may become due hereunder shall not be
deemed to be a waiver of any preceding breach or violation
by the other party of any term, covenant, or condition of
this agreement or of any applicable law or ordinance.
16. COSTS AND ATTORNEY'S FEES:
The prevailing party in any action between the parties to
this agreement brought to enforce the terms of this
agreement or arising out of this agreement may recover its
reasonable costs and attorney's fees expended in connection
with such an action from the .other party.
17. DISCRIMINATION:
No discrimination shall be made in the employment of persons
under this agreement because of the race, color, national
origin, ancestry, religion, sexual orientation, or sex of
such person.
If: Contractor is found in violation of the nondiscrimination
provisions of the State of Cali.for-nia 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 acgency or officer shall constitute
evidence of a violation of contract under this 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 a in whole or in
agreement, part, or to deduct from the
amount payable to Contractor the•sum of Two Hundred Fifty
Dollars ($250) for each.calendar day during which Contractor
is found to have been in such noncompliance as damages for
said breach of contract, or both.
18. AGREEMENT CONTAINS ALL UNDERSTANDINGS:
This document_ represents the entire and integrated agreement
between City and-contractor and supersedes all prior
negotiations, representations, or agreements, either written
or oral. This document may be amended only.by written
C
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.
By ± �J ✓�i
Corporate Secretary
CITY OF SAN LUIS OBISPO
By.
Mayor Ron Dunin
ATTEST:
r
I
I
Pamela Voges, City ',Clerk
lw:vcbcont
6 -30 -89
EXHIBIT "A"
K
PROFESSIONAL SERVICES AGREEMENT
TO OPERATE A VISITORS AND CONFERENCE BUREAU
This agreement is made this 18thday of July , 1989, by and between
the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as
"City "), and the County of San Luis Obispo visitors and Conference
Bureau (hereinafter referred to as "Contractor ").
WITNESSETH:
WHEREAS, City desires to support a coordinated marketing program
for San Luis Obispo as a visitors and conferencing locale; and
WHEREAS, the coordination and development of enhanced visitors and
conferencing trade is an appropriate adjunct to the proper promotion of
the City; and
WHEREAS, City desires to maintain and enhance its market share in
an increasingly competitive environment; and
WHEREAS, City desires to engage Contractor to provide these
services by reason of.its qualifications and experience for performing
such services, and Contractor has offered to provide the requested
services on the terms and in the manner set forth herein.
NOW, THEREFORE, in consideration.of their mutual covenants, the
parties hereto agree as follows:
1. PROGRAM COORDINATION:-
a. CITY. The City Administrative Officer or his designated
representative shall be the Project Manager representing the
City.for all purposes under this agreement. He shall supervise
the progress and execution of this agreement.
b. CONTRACTOR. Contractor shall assign a single Project Manager
to have overall responsibility for the progress and execution
of this agreement for Contractor. Jonni Eylar is hereby
designated as the Project Manager for Contractor. Should
circumstances or conditions subsequent to the execution of
this document require a substitute Project Manager- for any
reason, the Project Manager designee shall be subject to the
prior written approval by City Project Manager.
C
2.. DUTIES OF CONTRACTOR:
a. In addition to this Visitors and Conference Bureau (VCB)
Agreement, City contracts with the San Luis Obispo Chamber of
Commerce for visitors and promotional services. The City
separately contracts with an independent agency to provide
promotional advertising services. The VCB 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 VCB agrees to make every reasonable
effort to coordinate activities and to identify and avoid
duplication of costs associated with the Promotional Services,
the Visitors Center, and Promotional Advertising Agreements.
b. Services to be furnished. Contractor shall provide all
specified services as set forth and incorporated,herein by
this reference..
C. VCB will maintain an office suitable for the conduct of a
visitors and conference bureau. This office shall be open
during normal office hours to facilitate contact with
conference representatives.
d. VCB staff shall include personnel qualified in visitors and
conference bureau administration.
e. VCB shall conduct a visitors and conference bureau on behalf
of City as outlined here below or as may be modified from time
to time by mutual agreement between the City and the VCB.
f. The program conducted by the VCB shall include, but not be
limited to the following:
1. Development of direct sales efforts to attract group
business and conferences. major markets would include Los
Angeles, San Francisco, Bakersfield and Fresno.
2. Attendance and representation of San Luis Obispo County at
major travel and sales shows during the contract time period.
3. Coordination of scheduling for potential conferences with
individual properties in San Luis Obispo County.
4. Development of new, coordinated county wide sales materials
and brochures to be used in the marketing program.
5. Creation and implementation of a coordinated and planned
marketing campaign, stressing the benefits of the San Luis
Obispo area as a destination for visitors.
6. Submittal of a quarterly report on the progress of the VCB
to the City's Project Manager, and the Promotional
Coordinating Committee.
g. All services provided by the Contractor listed within this
agreement are in addition and beyond those of any and all
other contracts currently held between the City and the
Contractor.
h. Laws to be observed. Contractor shall:
1: Procure all.permits and licenses, pay all charges and fees,
and give all notices which may be necessary and incidental to
the due and lawful.prosecution of the services to be performed
by contractor under this agreement;
2. Keep itself fairly 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, amd materials used in Contractors'
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, decrees and orders mentioned above.
4. Immediately report to the City's Project Manager in writing
any discrepancy or inconsistency it discovers in said laws,
ordinances, regulations, orders and decrees mentioned above in
relation to plans, drawings, specifications, or provision of
this agreement.
i. Copies of reports and information. If City requests
Additional copies of reports, drawings, specifications, or any
other material in addition to what the Contractor is required
to furnish in limited quantities as part of the services under
this agreement, Contractor shall provide such additional
copies as are requested, and City shall compensate Contractor
for the costs of duplicating of such copies at Contractor's
direct expense.
j. Qualifications of Contractor. Contractor represents that it is
qualified to furnish the services described under this
agreement.
3. DUTIES OF THE CITY:
City agrees to cooperate with Contractor and to perform work
described hereto and incorated by this reference. The City
Project Manager shall work closely with the PCC and will
such is reasonable.
4. COMPENSATION:
The Contractor will perform the work as described and as directed
by the City's Project Manager.
a. City will pay the Contractor the sum of $35,700 (thirty five
thousand, seven hundred dollars) for office space; staffing,
and expenses, to be paid in two installments, $17,850
(seventeen thousand, eight hundred and fifty dollars ) on
August 1, 1989, and $17,850 (seventeen thousand, eight hundred
and fifty dollars) on January 1, 1990.
5. TIME FOR COMPLETION OF THE WORK:
Program is for the period July 1, 1989 to June 30, 1990. .
Contractor shall perform services in a timely manner upon
direction and guidance from City Project Manager and PCC..
Contractor acknowledges timing is at the sole discretion of
City.
6. TEMPORARY SUSPENSION:
The City Project Manager shall have the authority to suspend
this agreement_ wholly or in part, for such period as he deems
necessary due to unfavorable conditions or to the failure on
the part of the Contractor to perform any provision of this
agreement. Contractor will be paid the compensation due and
payable to the date of temporary suspension.
7. SUSPENSION; TERMINATION:
a. Right to suspend or terminate The City retains the right to
terminate -this agreement for any reason by notifying
Contractor in writing sixty (60) days prior to termination and
by paying the compensation due and payable to the date of
termination; provided, however, if this agreement is
terminated for fault of Contractor, City shall be obligated to
compensate Contractor only for that portion of contractor
services which are of benefit to City. Said compensation is to
be arrived at by mutual agreement of the City and Contractor.
Should they fail to agree, then an independent arbitrator is
to be appointed by mutual agreement and his decision shall_ be
binding upon the parties.
8. INSPECTION•
Contractor shall furnish City with every reasonable
opportunity for City to ascertain that the services of
Contractor are being performed in accordance with the
requirements and intentions of this agreement. All work done
and all materials furnished, if any, shall be subject to the
City Project Manager's inspection and approval. The inspection
of such work shall not relieve Contractor of any of its _
9.
10.
11
12.
13
C,
OWNERSHIP OF MATERIALS:
Because of several
Conference Bureau,
original materials
The City shall have
of these materials.
.INDEPENDENT JUDGMENT:
cities' involvement with the Visitors and
all materials, photos, drawings, and other
shall remain the property of the Bureau.
free, reasonable and timely access to use
Failure of the 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 the Contractor to meet the requirements of this
agreement.
ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES :
This agreement is for the performance of professional
marketing services of the Contractor and is not assignable by
the Contractor without prior consent of the City in writing.
The Contractor may employ other specialists to perform special
services as required with prior approval by the City.
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 -5100
To Contractor: .................... San Luis Obispo County
Visitors and Conference Bureau
1041 Chorro Street, Suite E
San Luis Obispo, CA 93401
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 the
performance of the
times be deemed an
employee of City.
14. INDEMNITY•
City. It is expressly agreed that, in the
services hereunder, Contractor shall at all
independent contractor and not an agent or
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 maybe made against City,
its officers, agents or employees by reason of any injury to
or death of or damage suffered or sustained by any employee or
Agent of Contractor under this agreement, however caused,
excepting, however, any such claims and demands which are the
result of the negligence or willful misconduct of City, its
officers, agents, or employees.
D. Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any
infringement or alleged infringement of any patent rights or
claims caused by the use of any apparatus, appliance, or
materials furnished by Contractor under this agreement; and
E. Any and all penalties imposed or damages sought on account of
the violation of any law or regulation or of any term or
condition of any permit, when said violation of any law or
regulation or of any term or condition'of any permit-is due to
negligence on the part of the Contractor.
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.
C
16. INSURANCE•
17.
18.
19.
20.
C�
Contractor_ shall provide proof.of comprehensive general
liability insurance in the amount of ($500,000).
AGREEMENT BINDING:
The terms. covenants, and
apply to, and shall bind,
administrators, assigns,
WAIVERS•
conditions of this agreement shall
the heirs, successors, executors,
and subcontractors of both parties.
The waiver by either party of any breach or violation of any
term, covenant, or condition of this agreement or of any
provision, ordinance, or law shall not be deemed to be a
waiver of any subsequent breach of violation of the same or of
any other term, covenant, condition, ordinance, or law: The
subsequent acceptance by either party of any fee or other
money which may become due hereunder shall not be deemed to be
a waiver of any preceding breach or violation by the other
party of any term, covenant, or condition of this agreement or
of any applicable law or ordinance.
COSTS AND ATTORNEY'S FEES:
The prevailing party in any action between the parties of this
agreement brought to enforce the terms of this agreement or
arising out of this agreement may recover its reasonable costs
and attorney's fees expended in connection with such an action
from the other party..
DISCRIMINATION•
No discrimination shall be made in the employment of persons
under this agreement because of race, color, national origin,
ancestry, religion, sexual orientation, or sex of such person.
If Contractor is found to be 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 this paragraph.
If Contractor is found in violation of the nondiscrimination
provisions of this agreement or the applicable affirmative
pertaining to"this agreement, Contractor shall 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 the Contractor
the sum of Two Hundred Fifty Dollars ($250) for each calendar
day during which the Contractor is found to have been in
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.
COUNTY OF SAN LUIS OBISPO
VISITORS' AND CONFERENCE BUREAU
By Zd
President
CITY OF SAN LUIS OBISPO
mayor Ron Dunin
ATTEST..
,
Pame a Vogeir,===ciiy` Clerk
RESOLUTION NO. 61650 (1989 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE
COUNTY OF SAN LUIS OBISPO VISITORS AND CONFERENCE BUREAU
WHEREAS, City desires to support . a coordinated marketing program
for San Luis Obispo as a visitors and confereiicL g locale; and
WHEREAS, the coordination and development of enhanced visitors and
conferencing trade is an appropriate adjunct to the proper promotion of
the City; and
WHEREAS, City desires to engage Contractor to.provide these
services by reason of its qualifications and experience for per- formi_►g
such,services, and Contractor has offered to provide the required
services on the terms and in the manner set forth here-in.
NOW, THEREFORE, BE IT RESOLVED that the services agreement
(Exhibit A) is hereby approved; and
BE IT FURTHER RESOLVED that -the Mayor is authorized to execute
said agreement at such time as the County authorizes participation at
the requested prorata level. When the agreement is executed, the City
Clerk shall furnish a copy of this resolution and a copy of the
executed agreement to Jo__nni Eylar, Director, County of San.Luis Obispo
Visitors.and Conference Bureau.
On the motion of - FMayor..Dunin,r seconded b Councilwoman
and on the following roll call vote• y RaDPa
AYES: Mayor Dunin and Councilmembers•Rappa and Settle
NOES: Councilmember Pinard
ABSENT;Councilmember Reiss
6650
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I
Y 4,
The foregoing resolution was passed and adopted this 18thday of.July ,
1989.
ATTEST:
CITY. CLERK PAMELA VOGES
APPROVED:
If
RESOLUTION NO. 6649
� l~F
(1989 Series)
A RESOLUTION OF THE SAN.LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
sJ FRANCIS AND ASSOCIATES FOR THE CONTINUATION OF PROFESSIONAL
SERVICES ON BEHALF OF THE CITY OF SAN LUIS oBISPO
WHEREAS, City desires to retain certain professional services in
conjunction with an advertising 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, BE IT RESOLVED that the services agreement
(Exhibit A) is hereby approved; and
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the
agreement. Wh 'the.,agreement is executed, the City Clerk shall_.fur_-nish
a copy of this reso cation and a copy of he executed agreement to
Sallie Francis, Pb2tdent, SJ Francis anj Associates.
On the motion of Mayor'Dunin _ , seconded by Councilwoman
and on the following roll call vote -Rappa
AYES: Mayor Dunin and Councilmembers Rappa and'Settle
NOES: Councilmember Pinard
ABSENT: Councilman Reiss
6649
The foregoing resolution was passed and adopted thisl8th day of July
1989.
ATTEST • - -
APPROVED:
1
MAYOR —RON DUNIN
EXHIBIT "A"
PROFESSIONAL SERVICES AGREEMENT
TO PROVIDE ADVERTISING SERVICES
This agreement is made this 18thday of July , 1989, by and
between the CITY OF SAN LUIS OBISPO, California (hereinafter referred
to as "City "), and SJ FRANCIS & ASSOCIATES OF SAN LUIS OBISPO,
(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 requested
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 Program Manager representing the
City for all purposes under this agreement. He shall supervise
the progress and execution of this agreement.
b. CONTRACTOR. Contractor shall assign a single 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 document require a substitute Project Manager for any
reason, the Project Manager designee shall be subject to the
prior written.approval by City Project Manager.
' J
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 111, 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;
2. Keep itself fairly 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, amd materials used in Contractors'
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, decrees and orders mentioned above.
4. Immediately report to the City's Project Manager in writing
any discrepancy or inconsistency it discovers in said laws,
ordinances, regulations, orders and decrees mentioned above in
relation to plans, drawings,. specifications, or provision 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. Co Ries of reports and information. If City requests
additional copies of reports, driwings, 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 the Promotional Advertising Agreement, the City
contracts with the Chamber of Commerce and the VCB for -
visitors and conference 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 VC_B and Visitors and Promotion
agreements.
3. DUTIES OF THE CITY'
City agrees to cooperate with Contractor in its performance. of
that work described in Exhibit "l", attached hereto and
incorporated by this reference, or amended work plans approved
by the PCC. The City Program Manager shall work closely with
the PCC and will incorporate its comments, guidance and
desires into the administration and execution of this contract
to the degree that such is reasonable.
4. COMPENSATION:.
Contractor will bill City and be compensated in accordance with
Exhibit "1" attached hereto and incorporated_ by this reference, as
currently exists or may be amended.
5. TIME FOR COMPLETION OF THE WORK:
Program is-for the period July 1,
Contractor shall perform services
direction and guidance from City
Contractor acknowledges timing is
City.
6. TEMPORARY SUSPENSION:
7.
1989 to June 30, 1990. .
in a timely manner upon
Project Manager and PCC.
at the sole discretion of
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.
a. Ri ht 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. 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 received reasonable compensation, or
materials given to Contractor in connection with this
agreement. Such materials shall become 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.
8. INSPECTION:
Contractor shall furnish City with every reasonable opportunity
for City to ascertain that the services of Contractor are being
performed in accordance with the requirements and intentions of
this agreement. All work done and all materials furnished, if any,
shall be subject to the City Program Manager's inspection and
approval. The inspection of such work shall not relieve Contractor
of any of its obligations to fulfill its agreements as prescribed.
9. OWNERSHIP OF MATERIALS:
All original drawings, plans, documents and other materials
prepared by or in possession of Contractor pursuant to this
agreement shall become the permanent property of the City, and
shall be delivered to the City upon demand. Photographic rights
shall be established for original negatives or transparancies.
10. INDEPENDENT JUDGMENT:
Failure of the 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 the
Contractor to meet the requirements of this agreement.
11 ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES
This agreement is for the performance of professional marketing
services of the Contractor and is not assignable by the Contractor
without prior consent of the City in writing. The Contractor may
employ other specialists to perform special services as required
with prior approval by the City.
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
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
has-,or that no one who has.r will have any financial interest
under this agreement is an officer or employee of the City. It is
expressly agreed that, in the performance of the services
hereunder, Contractor shall at all times be deemed an independent .
contractor and not an agent or employee of City.
14. INDEMNITY•
Contractor hereby agrees to indemnify and save harmless City, its
officers, agents and employees from:
A. Any and all claims and demands which may be made against City
its officers, agents or employees by reason of any.injury to
or death of any person or corporation caused by any negligent
act or omission of Contractor under this agreement or of
Contractor's employees or agents.
B. Any and all damage to or destruction of the property of City,
its officers, agents or employees, occupied or used by or in
the care, custody, or control of Contractor, or in proximity
to the,site of Contractor's work, caused by any negligent act
or omission of Contractor under this agreement or of
Contractor's employees or agents.
C. Any and all claims and demands which may be made against City,
its officers, agents or employees by reason of any injury to
or death of or damage suffered or sustained by any employee or
agent of Contractor under this agreement, however caused,
excepting, however, any such claims and demands which are the
result of the negligence or willful misconduct of City, its
officers, agents, or employees.
D. Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any
infringement or alleged infringement of any patent rights or
claims caused by the use of any apparatus, appliance, or
materials furnished by Contractor under this agreement• and
E. Any and all penalties imposed or damages sought on account of
the violation of any law or regulation or of any term or
condition of any permit, when said violation of any law or
regulation or of any term or condition of any permit is due to
negligence on the part of the'Contractor.
15. WORKERS COMPENSATION
Contractor certifies that it is aware of the provisions of the
Labor Code of the State of California, which require every
l I`J
employer to be insured against liability for workers
compensation or to undertake self- insurance in accordance with
the provisions of that code; and it certifies that it will
comply with such provisions before commencing the performance
of the work of this agreement.
16. INSURANCE:
Contractor shall provide proof of comprehensive general
liability insurance in the amount of ($500,000).
17. AGREEMENT BINDING:
The terms. covenants,, and
apply to, and shall bind,
administrators, assigns,
18. WAIVERS•
19.
MIR
conditions of this agreement shall
the heirs, successors, executors,
and subcontractors of both parties.
The waiver by either party of any breach or violation of any
term, covenant, or condition of this agreement or of any
provision, ordinance, or law shall not be deemed to be a
waiver of any subsequent breach of violation of the same or of
any other term, covenant, condition, ordinance, or. law. The
subsequent acceptance by either party of any fee or other
money which may become due hereunder shall not be. deemed to be
a waiver of any preceding breach or violation by the other
party of any term, covenant, or condition of this agreement or
of any applicable law or ordinance.
COSTS AND ATTORNEY'S FEES:
The prevailing party
agreement brought to
arising out of this
and attorney's fees
from the other party
DISCRIMINATION:
in any action between the parties of this
enforce the terms of this agreement or
agreement may recover its reasonable costs
expended in connection with such an action
No discrimination shall be made in the employment of persons
under this agreement because of race, color, national origin,
ancestry, religion, sexual orientation, or sex of such person.
If Contractor is found to be 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
C
contract under this 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 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 the Contractor the sum of Two Hundred Fifty Dollars
($250) for each calendar day during which the Contractor is
found to have been in 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 supercedes 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.
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 campaign
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 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.
SJ Francis & Associates proposes the following budget for promoting
tourism to San Luis Obispo:
Media Budget $58,000
Ad production (1 4C ad, 2 B/W ads, 1 postcard) $ 51000
Radio Promotions coordination $ 4,000
Printing $ 2,000
Direct Mail Expenses* $ 4,500
TOTAL for FY 1989 -90 $73,500
* Includes printing postcard, list preparation, handling and postage.
Does not include computer or software purchases.
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
Mayor Ron Dunin
ATTEST,,,
Pamela Voges, City Clerk
C 0
RESOLUTION NO. 6643 (1989 SERIES)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO
AWARDING A PROJECT
WHEREAS, the City requested bids for the construction of a memorial
arbor in Mitchell Park; and
and
WHEREAS, bids were received from three contractors on June 22, 1989;
WHEREAS, Whitaker Construction submitted the low responsive bid in the
amount of $44,323.00 for the construction of Corner Memorial, Mitchell
Park, City Plan No. N -55Y:
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The award of a contract to Whitaker Construction, Inc. in
the amount $44,323.00 is approved and the Mayor is authorized to sign the
contract.
SECTION 2. The City Clerk shall furnish a copy of this resolution to
the Director of the Public Works and Finance Departments.
On motion of Councilman Settle seconded by Councilwoman Rappa
and of the following roll call vote:
AYES: Councilmembers Settle, Rappa,'.Pinard and Mayor Dunin
NOES: None
ABSENT: Councilman Reiss
6648
Resolution No b648 (1989 Series)
Page Two
The foregoing Resolution was passed and adopted this 18th day of
July , 198
ATTEST: /
U
CITY Q ERK PAM VOGES
APPROVED:
Ad t M gineer
g:N55Y -res
RON DUNIN
s s �
City Attorn
Public Works Director
Project Manager
�p
RESOLUTION NO. 6647 (1989 .series)'
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
APPROVING THE FINAL MAP FOR TRACT N0. 1545
WHEREAS, the City Council made certain findings concerning Tract No.1545 as
contained in Resolution No: 6406 (1988 Series), and,
WHEREAS; the Fire Department has determined that anew fire hydrant is not
needed at the entrance to the project as prescribed in Condition 11 of the
above - mentioned resolution, due to the existance of an adequate fire hydrant at
the intersection of Buchan and Nipomo Streets, and the Subdivider has paid
$3000.00 to the City for a fire hydrant to be installed at the intersection of
Buchan and Beach Streets under a future City contract which will better serve
the neighborhood; and
WHEREAS, the 8 -inch waterm,ain per Condition 12 of said resolution is
therefore not needed to support the previous.fire' hydrant location, and
met;
WHEREAS, all all other conditions required for Tract No. 1545 have been
NOW THEREFORE BE IT RESOLVED that final approval is hereby granted for
Tract No. 1545.
On motion of Councilman Settle
seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard and Mayor Dunin
NOES: * None
ABSENT:. Councilman' - ,Reiss
the foregoing Resolution was passed and adopted this 18th day of
July 1989.
MAYOR RON DUNIN
ATTEST::
CITY CL RK PAM VOGES
6647
Resolution No. 6647 (1989 Series)
Page Two.
APPROVED:
City Atministrative Officer
Xa-
City Attor
City Engineer
D.
ire Chief
Utilities Director
Community Development Director
N /jkt1545
jk
o
0
RESOLUTION NO. 6646 (1989 S._..ES)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
PLACING AN ADVISORY MEASURE ON THE BALLOT FOR
THE REGULAR MUNICIPAL ELECTION SCHEDULED
NOVEMBER 7, 1989 (Election Code Section 5353)
WHEREAS, California Elections Code Sec. 5353 authorizes cities
to hold an advisory election in consolidation with any regular or special
election for the purpose of allowing voters to voice their opinions on
substantive issues, with the understanding that the results of any such
advisory election will not be binding on the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of San Luis Obispo as follows:
SECTION 1. There is hereby called and ordered to be held in
the City of San Luis Obispo, an advisory election on Tuesday, November 7,
1989, in consolidation with the General Municipal Election that date and
for the purpose of voting on one advisory measure.
SECTION 2. The wording of the measure, and the letter
designation of this measure, shall be as set forth in Exhibit "A" attached
hereto and incorporated herein by reference.
SECTION 3. The heading immediately above the advisory measure
on the ballot shall be plainly marked with only the following description:
"Advisory Vote Only."
SECTION 4. The City Clerk shall certify to the passage and
adoption of this resolution to be published once in the San Luis Obispo
County Telegram- Tribune, a newspaper of general circulation printed,
published and circulated in the City of San Luis Obispo, within fifteen
(15) days of the date hereof and not more than 120 days prior to the 7th
day of November, 1989 (this requires two different publications).
6646
Resolution No b 6 (1989 Series)
On motion of Vice -Mayor Pinard
and on the following roll call vote:
, second Councilwoman Rappa
AYES: Vice -Mayor Pinard, Councilmembers Rappa, Settle and Mayor Dunin
NOES: None
ABSENT: Councilmember Reiss
the foregoing Resolution was passed and adopted this 18th day of July ,
1989.
ATTEST:
0,� � U,
City Clerk Pam Vo s
w w * * w
Approved
i -
C]jt iniistrative Officer
Acting Ci Attorney
Ci Clerk
Mayor Ron Dunin
EXHIBIT "A"
Should the City of San Luis Obispo amend its YES
Growth Management ordinance to apply to all NO 0
development in our city?
/� .
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RESOLUTION NO. 6645 (1989 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
CONSENTING TO THE SUBSTITUTION OF A SUBCONTRACTOR ON THE
MARSH STREET PUBLIC PARKING STRUCTURE
WHEREAS, a request was received from the prime contractor, Madonna Construction
Company, on the Marsh Street public parking structure for consent to substitute a
subcontractor; and
WHEREAS, a timely objection was received from the subcontractor, Amber Steel
Company; and
WHEREAS, pursuant to Public. Contracts Code Section 4100 et seq., a hearing was
conducted on June 20, 1989, by the Council in chambers at 990 Palm Street, San Luis
Obispo, California; and
WHEREAS, both Madonna and Amber have stipulated and agreed that Council Member
Jerry Reiss may participate in this matter even though he is involved in the
construction business; and
WHEREAS, at said hearing, oral and written testimony was taken on the merits
of the request to substitute Regional Steel Corporation for Amber Steel Company; and
WHEREAS, the matter was continued in order to receive additional information
from both Madonna and Amber; and
WHEREAS, said material was received from Amber Steel Company on June 23, 1989,
and Madonna Construction Company on June 26, 1989; and
WHEREAS, said additional material from Madonna was submitted and received as
confidential information since it contained specific bidding and pricing information,
the disclosure of which could unfairly be against the general business interests of
Madonna Construction Company; and
WHEREAS, the Council has met several times to review all the testimony and
evidence, the relevant law and the particular facts and circumstances involved in
this request.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Council makes the following factual determinations:
a. Amber Steel Company was in a bankrupt status at the time of the
original bid to the City and at the time of the request for substitution;
b. Madonna Construction Company should and could have been aware of
Amber's status had it exercised normal and proper management practices prior to the
submission of its bid to the City;
c. Regardless of the fact that Amber gave notice on more than one
occasion of its bankrupt status to Madonna Construction Company, the management of
Madonna Construction had no actual knowledge of said status;
d. Madonna Construction Company has a bona -fide, good -faith belief that
Amber Steel Company's bankrupt status presents an unreasonable risk for it to
undertake over the life of the project.
2. The Council hereby grants its consent to the requested substitution on the
sole and express condition that Madonna Construction Company shall hold harmless and
indemnify the City of San Luis Obispo, its agents, officers and employees from any
and all claims, lawsuits or proceedings of any kind or nature in which it is alleged
that this decision to consent is in error, wrongful, illegal, contrary to public
policy or otherwise defective.
On motion of Counci-1 Member Settle, seconded by Council Member Reiss, and on
the following roll call vote:
AYES: Settle, Reiss, Mayor Dunin
NOES: Rappa
ABSENT: Pinard
the foregoing Resolution was passed and adopted this 12 day of July 1989.
MAYO DUNIN
ATTEST•
CITY fLERK, PAR VO S
APPROVED--��_
City AdrWnistrative Vficer
City At
Finance Director
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RESOLUTION NO. 6643 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF MINOR SUBDIVISION NO. 89 -135
LOCATED AT 2527 BROAD STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of the tentative parcel
map of Minor Subdivision No. 89 -135 and the Community Development Director's
recommendations, staff recommendations and reports thereon, makes the following findings:
1. The design of the minor subdivision is consistent with the general plan.
2. The site is physically suited for the type and density of development allowed in the
R2 zone.
3. That the design of the subdivision and proposed improvements are not likely to cause
substantial environmental damage, cause serious health problems, or substantially and
unavoidably injure fish or wildlife or their habitat.
4. The design of the subdivision or type of improvements will not conflict with public
easement property within the, proposed subdivision.
5: The Community Development Director has determined that the proposed subdivision will
not have a significant effect on the environment and has granted a negative
declaration.
SECTION 2. Excentions. That approval of reduced lot width for Parcel 1 or 34.61
feet where 60 feet is normally required, and allow a one foot building setback from the
flag lot access. way where ten feet is normally required based on the following findings:
Due to the unusual lot configuration, large lot'size and limited lot width, it is
impractical and undesirable to conform to the: strict application of the S_ ubdivision
Regulations.
2. The cost to the subdivider of :strict or literal compliance with the regulation not
the sole reason for granting the exceptions.
3. Granting the, exceptions in this particular case is in accord_ with the intent and
purpose of the Subdivision Regulations.
SECTION 3. Conditions. That the approval of the tentative parcel map for Minor
Subdivision No. 89 -135 be subject to the following conditions`.
Subdivider.shall submit a final map to the city for review, approval and recordation.
6643
Resolution No. 6643 (1989 Series)
Minor Subdivision No. 89 -135
Page 2
2. Final map shall show Parcel 2, farthest from the street, owing the access way in fee,
and Parcel 1 with a minimum of 6,000 square feet in area.
3. The subdivider shall submit a common driveway ^agreement to the Community Development
Department staff for approval and recordation. Final map shall show an easement for
the common driveway.
4. The subdivider shall secure a .drainage easement to drain surface water on Parcel 2 to
Gail Place or Caudill Street, or install ejector pumps to dispose of surface water to
Broad Street, to the satisfaction of the City Engineer.
6. The subdivider shall install two parking spaces (one covered) on Parcel 1, consistent
with city parking standards for a house prior to final map approval.
SECTION 4. Code Reouirements. The following represent standard requirements
required by various codes, ordinances, and policies of the City of San Luis Obispo, but
are not limited to the following:
I., Grading and drainage shall be provided to the satisfaction of the City Engineer and
Community Development Department.
2. Water acreage fees shall be paid for as determined by the City Engineer prior to
final map approval.
3. Subdivider shall install street trees in accordance with city standards, prior to
final map approval.
4. Subdivider shall pay park in -lieu fees for one parcel, prior to final map approval:
5. Subdivider shall provide individual sewer, water, and utilities to each parcel to the
satisfaction of the Public Works Department and Utilities Department. Utility lines
shall not be installed within the drip line of existing trees.
6. Existing house shall meet Uniform Building Code requirements, to the satisfaction of
the Chief Building Official.
On motion of Mayor Dunin ,seconded by Councilwoman.Rappa
and on the following roll call vote:.
AYES: Mayor.Dunin, Councilmembers Rappa, Reiss and Settle
NOES: Councilwoman Pinard
ABSENT: NONE
Resolution No.6643(1989 Series)
Minor Subdivision No. 89 -135
Page 3
the foregoing resolution was passed and adopted this
1989.
A
ty Qjlerk
APPROVED:
City ,administrative Officer
City A
Community Development Director
5th day of July
RESOLUTION NO. 6642 . (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A PERMIT TO CONVERT 1212 GARDEN STREET TO A
NON- RESIDENTIAL USE (CV 1445
WHEREAS, a bed and breakfast inn at 1212 Garden Street is consistent with the San
Luis Obispo Land Use Element and the Goals for Downtown; and
WHEREAS, the applicant's proposal is supported by the Goals for Downtown that state
that "older buildings in the downtown should be rehabilitated to show off their
turn -of -the century character" and city historic preservation goals; and
WHEREAS, the bed and breakfast use will be compatible with surrounding land uses and
conforms to city policies regarding the location of tourist accommodations; and
WHEREAS, the loss of the use of the building as an 8 -unit apartment house will not
significantly affect the supply of downtown housing; and
WHEREAS, based on information submitted by the applicant, retention of housing at
this specific location is determined to be infeasible;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION L Finding (M.C. 17.86.060). That this council finds that the conversion
of 1212 Garden Street to non - residential use is consistent; with the adopted San Luis
Obispo general plan and the adopted downtown goals statement.
SECTION 2. Conditions
Each tenant shall have the right to remain in the building until September 5, 1989.
2. A tenant's rent shall not be increased between July 5, 1989, and September 5, 1989.
3. Prior to approval of a building permit, applicant shall submit to the Community
Development Director for approval a plan for providing parking for guests, including
a loading zone for guests at or near the site.
SECTION 3. Downtown Housing Conversion Permit CV1445 is hereby approved.
6642
Resolution No.6642=: (1989 Series)
CV 1445
Page 2
CounciYoman
On motion of Rappa
on the following roll call vote:
Coiincilwoma_ n
seconded by __ Pinard and
AYES: Councilmembers Rappa, Pinard and Reiss
NOES: Councilmember Settle and Mayor Dunin
ABSENT: NONE
the foregoing resolution was passed and adopted this - 5thday of Jul- ,
1989.
Mayor Ron Dunin
A EST:
V 67,4 i
Ci y Clerk Pam( ges
APPROVED:
City dministrative Officer
City Attor e
Community Development Director
J R,J
V
A
RESOLUTION NO. k ( -1989 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBIS_PO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW
COMMISSION'S ACTION TO DENY EXCEPTIONS TO SIGN
REGULATIONS AT 12250 LOS OSOS VALLEY ROAD (SA4063)
WHEREAS, on June 5, 1989, the Architectural Review Commission denied a request to
approve exceptions to the Sign Regulations for a proposed freestanding sign at 12250 Los
Osos Valley Road; and
WHEREAS, on June 13, 1989, the appellant appealed the Architectural Review
commission's action to the City Council; and
WHEREAS, on July 5, 1989, 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 denies the appeal and
upholds the action of the Architectural Review Commission; based upon a finding that no
1
unusual site conditions or other design factors exist which could justify approval of the
requested exceptions.
Councilwoman
On motion of Rappa
following roll call vote:
Councilwoman '
seconded by Pinard ' , and on the
AYES: Councilmembersr Ragpa,'.�Einard; `;Reiss and Mayor Durf i
NOES: Councilmember Settle
ABSENT: NONE
the foregoing document was passed and adopted this 5th day of July
1989.
elqa-yor Ron Dunin
AT T:
Cit I Clerk Pam ges
6641
Page 2, Resolution No. 6641 (1989 Series)
APPROVED:
City A ministrative Officer
City Attorne
Community Development Director
13
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�.�� ,
J ��l
U
RESOLUTION NO. 6640 (1989 Series-'
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REQUESTING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO
CONSOLIDATE THE GENERAL MUNICIPAL ELECTION ON
TUESDAY, NOVEMBER 7, 1989, WITH THE SCHOOL AND SPECIAL
DISTRICTS ELECTION TO BE HELD ON SAID DATE
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. The Board of Supervisors of the County of San Luis Obispo
is hereby requested to order the consolidation of the General Municipal
Election with the School and Special Districts Election to be held on
Tuesday, November 7, 1989, and said Board of Supervisors is hereby
authorized to canvass the returns of the election called and the election
shall be held in all respects as if there were only one election and one
form of ballot, namely the ballot used at such primary election shall be
used. The precincts, polling places and officers of election for the
General Municipal Election hereby called shall be the same as those
provided for said School and Special Districts election and as set forth
in Section 23312 of the Elections Code.
The Board of Supervisors is requested to certify the results of the
canvass of the returns of the General Municipal Election to the Council of
the City of San Luis Obispo, which shall thereupon declare the results
thereof.
SECTION 2. The Board of Supervisors is hereby requested to issue
instructions to the County Clerk and Registrar of Voters to take any and
all steps necessary for the holding of said General Municipal Election.
The City will pay its pro rata share of extra costs incurred by the County
in consolidating the elections pursuant to Section 51350 of the Government
Code.
6640
Resolution No. 664E 389 Series)
Page 2
SECTION 3.. The City Clerk is hereby directed to file certified copies
of this resolution with the Board of Supervisors, the County Clerk and the
Registrar of Voters of the County of San Luis Obispo.
SECTION 4. The City Clerk shall certify to the passage and adoption
of this resolution.
On motion of Councilwoman.Rappa, seconded by Councilman Settle
and on the following roll call votes:
AYES: Councilmembers Rappa, Settle, Pinard, Reiss, and Mayor Dunin
NOES: NONE
ABSENT: NONE
the foregoing Resolution was passed and adopted this .5th day of July
1989.
� / J
MAYOR RON DUNIN
AT
V
CI CLERK PAM V S
Approved:
City A inistrativee Officer
City Attornoi
bi-,
City Clerk, Pa dg :.
��' o
�� ,:L� , o
1
J✓:'�'
�rcy
A%
RESOLUTION NO. 6639 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CALLING THE GENERAL MUNICIPAL ELECTION TO BE HELD
TUESDAY, NOVEMBER 7, 1989
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1: Pursuant to Section .302 of the City Charter, a General
Municipal Election shall be held Tuesday, November 7, 1989, to fill the
following elective offices:
(1) Mayor - two (2) year term
(2) Two (2) Councilmembers - four (4) year terms each and to
vote on any other measure placed on the ballot by the Council.
SECTION 2. For purposes of this election, the polls shall be open
from 7:00 a.m.. to 8:00 p.m.
SECTION 3. Pursuant to Election code Section 10012 and Municipal .Code
Section 2.40.080(A)(6), each candidate may submit with the nomination
papers a Statement of Qualifications of the candidate of no more than 400
words, which statement will be printed and mailed out with the sample
ballot at not cost to the candidate.
SECTION 4. Pursuant to Sections 4015.5 and 5014.5 of the Elections
Code, rebuttal arguments will be permitted, and shall be filed with the
City Clerk not more than 10 days after the final date for filing direct
arguments.
0
6639
Resolution No. 6639`(1989 Series) Page 2
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
the foregoing Resolution was passed and adopted this 5th day of July ,
1989.
Vwxo'HAYOR RON DUNIN
i
c
City Administrative Officer
r.
I
RESOLUTION NO. 6638 (1989 Series)
RES1O=QN OF Y I COUNCIL OF Y 1 M •
•: •• Y.•' 1 YI CITY •'U Y•• ?
• •l�l' f MUM 1 • • d• E IM • ti :1•
/ APPROVE EASEMENTS
WHEREAS, Unocal Corporation wishes to abandon two existing
pipelines through the City of San Luis Obispo; and
WHEREAS, the City has previously adopted the concept of
wastewater reclamation; and
WHEREAS, the use of these two existing pipelines would benefit
the City in implementing a wastewater reclamation program;
NOW, THEREFORE, BE IT RESOLVED that the City Administrative
Officer is authorized to enter into an agreement to implement the
transfer of ownership of the pipelines and to authorize additional
easements for their replacement, subject to the approval of the City
Attorney as to form and sufficiency of agreement and supporting
documents.
On motion of Councilwoman Rappa , seconded by Councilman. Settle
and on the following roll call vote:
AYES: Courcilmembers Rappa, Settle,. Pinard,' "'Reiss, Mayor Dunin
NOES: NONE
ABSENT: NONE
the following resolution was passed this 5thday of July , 1989.
yor Ron Dunin
6638
Resolution No. 608 series
Approved:
ity Ad#nistrative Officer
City AttotVey
Finance birector
Public Works Director
P,JLM
Director of Utilities
o �r
tj
9
city of son Luis osispo
Resolution
of APPReciAtion
RESOLUTION NO. 6637 (1989 Sepia)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO EXPRESSING APPRECIATION OF JIM CLARK, CHIEF
OF POLICE FOR THE CITY OF ARROYO GRANDE
WHEREAS, Jim Ct .ark hae a elcved with the City o f Arno yo Grande Pot ice ce Department
jot oven 30 yeane, the &zt 17 ob which ae Chieb; and
WHEREAS, Ch,ie.6 CZank ha6 aZwaye admi.nizteted hib poeiti.on with puju.6ioWli6m,
e65iciency, and diptomaey; and
WHEREAS, Chieb Ctank'e eenviee hae gone beyond the boundan,iu og Aanoyo Grande
with h,ie Heady a6ei6tance to o.th.er communit%e6 in our County; and
WHEREAS, ChieS Ctank ha6 exhibited teader64p in hi,6 ehoeen proseeeion by eer.ving
ae pa.a.t Chaviman ob the S.L.O. County Cn.imi.na2 Ju6fii.ce Admini.6tnatond A6eociatfon, a6
Board membeA o5 the Cati6oxnia Counci.Y ob Cniminae. Jw6tice Region P, and the S.L.O.
County Narcotic. Ta.6k Fon.ce.
WHEREAS, Chieb CZa,%k hoe atzo been an active member in namero" community agenc.ie6,
ouch a6 pa6.t Pituident os the Gteaten P.i,6mo Beach Kiwanie, the Advi4c,%y Boartd to
AZZan Hancock and Cue6ta CotZegee, and the Nafii.onat Cki d Sa'ety Council.
NOW, THEREFORE, the City Couneit ob San Lui6 Obiapo eongnatutate6 Jim .Ceank
and extend6 but wi6hee, heaY,th, and good tuck in hi,6 netinement a6 Chieb og Potice
Uon the City ob Avwyo Grande.
On motion of Councitmemben Rappa , eeeonded by CouncitmembeA Settte, and on
the bottowi.ng rott Batt vote:
AYES: Counci.Ymemben6 Rappa, Settee; PinoAd, Reis.6 and Mayor Dunin
NOES: None
ABSENT: None
the bonegoing Re.eotuti,on was padaed and adopted .thin 5.th day o6 JuXy, 1989.
PAM �OGES, CITY
.. .
\ 152 U
(O
_.SC CN No. 6636 (Sei..a�1989)
1:r -O)fl is of na W: I AF04 1W 61drow n�wf Wol as 6;I" oh of
111 "JI •J• Y1 :A;1 •'a 11 'll'J }: 11 J 1 L:1' 1 r. 'MI•
11 L:I" :III CN ••,�'SfI
• II 1• li ]11 L:I" M ol/'ll M1
WHERERS, the proposed 1989 -91 Financial Plan includes a number of signifi-
cant Capital Itprovement Plan pro] ects; and
iEWMAS, adequate review of the financial and policy implications of these
plrojects is essential to the future of the City of San Wis Obispo; and
UMMS, adopticn of the 1989 -91 Financial Plan and the 1989 -90 Budget is
not expected prior to July 1, 1989 due to the need for adequate review and
.•1 .
WW, TEMU F, BE IT RMMVED by the City Council of the City of San Luis
Obispo that it hereby extends the 1988 -89 budget for the czxw t level of
operations and maintenance to 1989 -90 until the 1989 -91 Financial Plan and
1989 -90 Budget is
On motion of Councilmember Rappa seconded by Councilmember Settle
and on the follor/ring roll call vote:
ASS: Councilmembers Rappa, Settle, Reiss and Mayor Dunin
N=, None
ABWV: Councilmember Pinard
the foregoirg Resolution was adopted the 27th Clay of June 1 1989.
_- voges, Ci Croft
APPFOM:
6636
r,
- JXKM1F= NO. 6635 (1989 Seri._4
poet r e: •t ca •e n w• er 6,1- w 16 •t +. . *7177o
er o-e+• �r• •. �:r.rrr.: • �
WEEMS, the voters approved the Gann spstUm g- Limitation Initiative
(Proposition 4) on November 6, 1979 adding Article XIII B to the Omnstitation
of the State of California to establish and define armual appropriation limits
on State and local goverrment entities; and,
MHERERS, SB 1352 provides for the implementation of Article XIII B by
defining various terms used in this article and prescribing proce&a-es to be
used in implementing specific provisions of the article, including the estab-
lishment by resolution each year by the govemurj body of each local jurisdic-
tion of its iaticns limit; and,
WMZMSo, the required cmprtaticns to determine the Appropriations Limit
for FY 1978 -79 through FY 198990 have been performed by the Department of
Finance and are on file with the Office of the City Clerk, aril available for
public review; arid,
FMS, these comixrtations are provided in Exhibit "A" TAdch is herein
hx=rporated by reference and attached hereto.
SB=TM 1. The Apprcpriaticns Limits for the City of San Inis Obispo for
Fiscal Year 1978 -79 through Fiscal Year 1989 -90 are the am ants provided at
Exhibit "A".
SBgiMM 2. The City Clerk shall certify to the adoption of this resolu-
tion and shall cause this resolution and certification to be filed in the
Office of the City Clerk.
On motion of Councilmember Rappa wed by Mayor Dunin
and on the followlM roll call vote:
Councilmember Rappa, Mayor Dunin, Councilmembers Reiss and Settle
NOES: None
ABMW: Councilmember Pinard
the foregoisug Resolution was adopted this 27th day of June 1989.
6635
CITY OF SAN LUIS OBISPO �!
APPROPRIATION LIMIT HISTORY
FISCAL
LIMIT
CPI OR
POPULATION -
GROWTH
APPROPRIATION
ACTUAL BUDGET
YEAR
BASE
INCOME
GROWTH
FACTOR
LIMITATION
SUBJECT TO LIMIT
DIFFERENCE
1978 -79
$8,018,152
88,018,152
0
1979-80
8,018,152
1.1017
0.9966
1.0980
8,803,564
6,189,680
2,613,884
1980 -81
8,803,564
1.1211
1.0052
1.1269
9,920,998
5,795,468
4,125,530
1981.82
9,920,998
1.0912
1.0103
1.1024
10,937,298
8,296,846
2,640;452
1982 -83
10,937,298
1.0679
1.0259
1.0956
11,982,451
8,247;797
3,734;654
1983 -84
11,982,451
1.0235
1.0142
1.0380
12,438,188
9,414;875
3,023,313
1984 -85
12,438,188
1.0474
1.0213
1.0697
13,305,250
10,356,484
2,948,766
1985 -86
13,305,250
1.0374
1.0204
1.0586
14,084,445
11,451,837
2,632,607
1986 -87
14,084,445
1.0230
1.0297
1.0534
14,836,316
13,081,776
1,754,540
1987 -88
14,836;316
1.0304
1.0071
1.0377
15,395,880
14,411,701
984,179
1988 -89
15,395,880
1.0393
1.0410
1.0819
16,656,977
15,223,479
1,433,497
1989 -90
16,656,977
1.0498
1.0293
1.0806
17,998,848
16,753,800
1,245,048
EXHIBIT "A"
Resolution No. 6635
Page 2
APPROVED:
City dministrative Officer
City Att r
Community Development Director
v` ^✓ � J
,'!i��i7
y i
RESOLUTION NO.6634(:1989 Series)
ARESOLUTION OF THE CITY OF SAN LUIS OBISPO DENYING
AN AMENDMENT TO THE OFFICIAL ZONE MAP OF THE CITY TO REZONE
4.8 ACRES AT 773 FOOTHILL FROM C -N TO C -N -PD
WHEREAS, the Planning Commission and the City Council have held hearings to consider
the proposed amendment in accordance with the California Government Code; and
WHEREAS, the proposed amendment has been evaluated in accordance with the California
Environmental Quality Act and the city's Environmental Impact Guidelines; and
NOW, THEREFORE, the Council resolves as follows:
SECTION 1. Findings.
The proposed amendment is inconsistent with the neighborhood orientation of the
Neighborhood Commercial zone according to the general plan and zoning regulations.
SECTION 2. Environmental Determination. An environmental study has been prepared,
and the Community Development Director has approved a negative declaration.
SECTION 3. Action, The request to amend the text of the zoning regulations to allow
retail sale of auto parts and accessories in the C -N zone is hereby denied.
Gouncilmember Councilmember
On motion of Settle seconded by —__ Pinard
and on the following roll -call vote:
AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 20thday of June, 1989
Mayor
AT T:
v
Cik Clerk
6634
RESOLUTION NO. 6634
Resolution to deny amendment to zoning-map to rezone
773 Foothill (CN - CNPD)
(Refdrred to City Attorney Roger Picquet to prepare -never done).
6634
RESOLUTION NO. 6633 (1989 Series)
RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING A CONTRACT FOR TEMPORARY LEGAL
SERVICES BETWEEN THE CITY OF SAN LUIS OBISPO
AND LYON & PICQUET
BE IT RESOLVED by the San Luis Obispo City Council as follows:
SECTION 1. That certain contract attached hereto, marked "Exhibit
A," and incorporated herein by reference, between the City of San Luis
Obispo and Lyon & Picquet is hereby approved and the City Administrative
Officer is authorized to execute the same.
On motion of Councilmember Rappa seconded by Councilmember Pina ;d
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 20thday of June
1989.
RON DUNIN
ATTE T:
q-- ( )" ,<,
CITA CLERK, PAM OGES
City_lAdministrativ,4 Officer
City Attor y
FinWce'Air€2rtor
6633
a.;
LEGAL SERVICES AGREEMENT
1. IDENTIFICATION OF PARTIES. This Agreement, executed in
duplicate with each party receiving an executed original, is made between
LYON & PICQUET, Attorneys at Law (hereinafter referred to as "Law Firm")
and CITY OF SAN LUIS OBISPO (hereinafter referred to as "Client ").
THIS AGREEMENT is required by Business and Professions Code Section
6148 and is intended to fulfill the requirements of that section.
2. LEGAL SERVICES TO BE PROVIDED. The legal services to be
provided by Law Firm to Client are as follows:
A. Furnishing of legal advice, preparation of legal documents
and generally performing legal office work. In addition, Law Firm
shall attend, as needed and instructed, City Council meetings and
any other meetings, as requested by City Administrative Officer or
Acting City Attorney
B. Representing City in civil litigation involving City as
party plaintiff or party defendant, but only upon direction of the
Acting City Attorney.
C. Acting as city prosecutor as directed by the Acting City
Attorney.
3. RESPONSIBILITIES OF LAW FIRM.AND CLIENT. Law Firm will perform
the legal services called for under this Agreement, keep Client informed
of progress and developments, and respond promptly to Clients' inquiries
and communications. Client will be cooperative with Law Firm, keep Law
Firm reasonably informed of developments and provide necessary information
and staff coordination and timely make any payments required by this
Agreement..
4. ATTORNEY'S FEES. Clients will pay Law Firm according to Law
Firm's regular rates for the legal services provided under this Agreement.
Law Firm's current hourly rates are as follows:
Roger Picquet $110 per hour
($120 per hour for litigation)
Other Attorneys same as for Roger Picquet unless
a lesser rate is agreed upon by
the parties
Law Firm will charge in increments of one tenth of an hour, rounded off
for each particular activity to the nearest one tenth of an hour. The
minimum time charged for any particular activity will be one tenth of an
hour.
Law Firm will charge for all activities undertaken in providing
legal services to Client under this Agreement, including, but not limited
to, the following: conferences, court sessions, council or other
meetings, and depositions (preparation and participation); correspondence
and legal documents (review and preparation); legal research; and
telephone conversations.
If, while this agreement is in effect, Law Firm increases the hourly
rates being charged to Client generally for attorney's fees,that increase
may be applied to fees incurred under this Agreement, but only with
respect to services provided thirty (30) days or more after written notice
of the increase is mailed to Client. If Client chooses not to consent to
the increased rates, Client may terminate Law Firm's services under this
agreement by written notice effective when received by Law Firm, provided
Client execute and return a substitution -of- attorney form immediately on
its receipt from Law Firm if Law Firm is Client's attorney of record in
2
any proceeding. Client acknowledges that Law Firm has made no promises
about the total amount of attorney's fees to be.incurred by Client under
this Agreement.
5. COSTS. Client will pay all "costs" in connection with Law
Firm's representation of Client under this Agreement. Costs will be
advanced by Law Firm and then billed to Client unless the costs can be met
out of client deposits that are applicable toward costs. Costs include,
but are not limited to, court filing fees, deposition costs, expert fees
and expenses, investigation costs, long- distance telephone charges,
messenger service fees, photocopying expenses, fax copies, and process
server fees.
6. STATEMENTS AND PAYMENTS. Law Firm will send Client monthly
statements indicating attorney's fees and costs incurred and their basis,
any amounts applied from the deposit, and any current balance owed. If no
attorney's fees or costs are ,incurred for a particular month, or if they
are minimal, the statement may be held and combined with that for the
following month. Any balance will be paid.in full within thirty (30) days
after the statement is mailed:
7. EFFECTIVE BATE OF AGREEMENT. The effective date of this
Agreement will be March 24, 19891.
8. AMENDMENTS. The parties agree to consider any necessary and
desirable amendments to this agreement which best implement the
contractual relationship created herein.
9. ENFORCEMENT OF AGREEMENT. If any legal action is necessary to
enforce the provisions of this Agreement, the prevailing party shall be
entitled to costs, including reasonable attorney's fees.
3
C, )
The foregoing is agreed to by:
Client:
City of San Luis Obispo
Jo Dunn
Dated:
4
Law Firm:
Lyon & Picquet
By: 4�
Roger v Picquet
Dated: l9( 2? 8/�
0
RESOLUTION NO.6632 (Series 1989)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS
IN. THE CITY.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
WHEREAS, the State of California, through its Department of Transportation
has presented an Agreement for Maintenance of the STATE highways in the CITY of
San Luis Obispo effective as of July 1, 1989, and to remain in effect until
amended or terminated.
WHEREAS, the City Council has read said Agreement in full and is familiar
with the contents thereof;
THEREFORE, be it resolved by the City Council of the CITY of San Luis
Obispo that said Agreement for Maintenance of the STATE highways in the CITY is
hereby approved and the Mayor and the City Clerk are directed to sign the same
on behalf of said CITY.
M
On the motion of Councilmember Rappa seconded by Councilmember 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 20th day
of June , 1989.
-o�
Myor Ron Dunin
ATTES :
CITY C ERK PAMELA VO E
6 532
Resolution No. 6632(1989 Series)
Page 2
a;j.IGI Di pip
e
City A ministratine Officer
City Attornet/
2::� 4;e��/
Public Works Director
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY
OF
SAN LUIS OBISPO
This AGREEMENT, 'made and executed in duplicate this 20th
day of June 19 89, by and between the State of
California, acting by and through the Department of
Transportation, hereinafter referred to as the "STATE" and the
CITY of SAN LUIS OBISPO hereinafter- referred to as the "CITY ".
W I T N E S S E T H
A. RECITALS
The parties desire to provide for the CITY to perform
particular maintenance functions on the State Highway within the
CITY as provided in Section 130 of the Streets and Highways Code.
B. AGREEMENT,
This Agreement shall supersede any previous AGREEMENT FOR
MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF SAN LUIS OBISPO
and /or AMENDMENTS thereto with the CITY.
In consideration of the mutual covenants and promises Herein
contained, it is agreed;
The CITY will perform such maintenance work as is
specifically delegated to it, on the State Highway routes or
portions hereof all as hereinafter described under Section H
hereof or as said Section may be subsequently modified with.the .
consent of the parties hereto acting by and through their
authorized representative.
C. MAINTENANCE DEFINED
Maintenance is defined in Section 27 of the Streets and
Highways Code as follows:
Sec. 27. "(a)" The preservation and keeping of rights of way and
each type of roadway, structure, safety conven-
ience or device, planting, illumination equipment
and other facility, in the safe and usable condi-
tion to which it has been improved or constructed,
but does not include reconstruction, or other
improvement.
"(b)" Operation of special safety conveniences and
devices, and illuminating equipment.
2
"(c)" The special or emergency maintenance or repair
�. necessitated by accidents or by storms or other
weather conditions, slides, settlements or other
Unusual or unexpected damage to the roadway,
structure or facility.
D. DEGREE OF MAINTENANCE
The degree or extent of maintenance work to be performed and
the standards therefore shall be in accordance with the provi-
sions of Section 27 of the Streets and Highways Code, as set
forth in the current edition of the State Maintenance Manual, or
as may be prescribed from time to time by the District Director.
"District Director ", as used herein, means the District Director
of the Department of Transportation assigned to the territory in
which the CITY is located, or his authorized representative.
The STATE reserves the option to check at random all areas
of STATE HIGHWAYS maintained by the CITY to assure conformance to
maintenance levels. Failure of the CITY to comply with the
maintenance levels would.be reason to terminate this Agreement as
specified under Section J "Terms of Agreement." However, this
random check does not preempt the CITY'S maintenance responsi-
bilities as spelled out in the Agreement.
3
An Encroachment Permit will be required for third parties
when maintenance work is redelegated. Such redelegated work
shall be performed to the same levels of service as spelled out
herein and will be subject to the same random checks as provided
for work performed directly by the.CITY forces.
The level of service of maintenance in each of the programs
delegated to the CITY has been considered in setting authorized
total and route dollar amounts. The CITY may perform additional
work if desired but the STATE will not reimburse the CITY for any
work in excess of authorized dollars. The District Director may
authorize adjustments.needed because of inflation or changes in
program emphasis.
E. LEGAL RELATIONS AND RESPONSIBILITIES
Nothing in the provisions of the Agreement is intended to
create duties or obligations to or rights in third parties not
parties to this contract or affect the legal liability of either
party to the contract by imposing'any standard of care respect-
ing the maintenance of State Highways different from the standard
of care imposed by law.
It is understood and agreed that neither STATE, nor any
officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be
done by the CITY under pr in connection with any work, authority
or jurisdiction delegated.to the CITY under this Agreement for
Maintenance. It is also understood and agreed that pursuant to
Government Code Section 895.4 the CITY shall defend, indemnify
and save harmless the State of California, all officers and
employees from all claims, suits or actions of every name, kind
and description brought for or on account of injuries to or
death of any person or damage to.property resulting from anything
done or omitted to be done by the CITY under or in connection
with any work, authority or jurisdiction delegated to the CITY
under this Agreement.
The CITY waives any and all rights to any type of express
and implied indemnity against the STATE, its officers and
employees arising from any work, authority or jurisdiction
delegated to the CITY under this Agreement.
F. MAINTENANCE FUNCTIONS
The.CITY shall perform only those maintenance functions
delegated, as identified, in Section H (DELEGATION OF
MAINTENANCE) of this Agreement.
5
1 _ J
A brief description of those maintenance functions delegated
to the CITY are included in this section. The functions are
identified by the Caltrans HM Program Codes.
HM1A FLEXIBLE ROADBEDS
This provides for patching, sealing, and maintaining the
surface and base courses of asphalt surfaced roadways including
asphalt surfaced shoulders.
HM2C SLOPES /DRAINAGE /VEGETATION
This provides for cleaning, maintaining, and repairing
drains, curbs, sidewalks and other appurtenances between the
roadbed and the outer highway right -of -way boundary line.
HM2D LITTER /DEBRIS
This provides for removal of -litter and debris from roadway
surfaces and roadsides.
.H3J OTHER STRUCTURES
This provides for the maintenance, repair and cleaning of
pump plants.
6
HM4K ELECTRICAL
This includes maintenance work performed on highway
electrical facilities including traffic signals, and safety
lighting. It also includes the electrical.energy for these
items.
G. EXPENDITURE AUTHORIZATION
The STATE will reimburse the CITY for actual cost of all
routine maintenance work performed by the CITY as delegated under
Section H of this Agreement, but it is agreed that during any
fiscal year, the maximum expenditure on any route shall not
exceed the amount as shown on Section H of this Agreement, unless
such expenditure is revised by an amended Agreement or otherwise
adjusted or modified as hereinafter provided for.
A new "DELEGATION OF MAINTENANCE" sheet (Section H) will be
provided annually by the STATE for the ensuing fiscal year, if
necessary, to ensure equitable annual cost.
The expenditure per route for routine maintenance work as
referred to above may be increased or decreased, redistributed
between routes, or additional expenditures for specific projects
7
costing $5,000 or less may be made when such adjustment of
expenditures for routine maintenance or such specific work is
authorized in writing by the District Director or his authorized
representative. Expenditures for specific projects costing in
excess of the above amount may be made when such specific work is
authorized in writing by the District Director with prior
approval from the Chief, Division of Maintenance at headquarters.
Additional expenditures or adjustment of expenditures thus
authorized shall apply during the fiscal year designated therein
and shall not be deemed to permanently modify or change the basic
maximum expenditure per route as hereinafter specified. An
adjustment of the said maximum expenditure, either increase.or
decrease, shall not affect other terms of the Agreement.
8
H. DELEGATION OP MAINTENANCE
The specific maintenance function indicated.below (and on
EXHIBIT "A") is hereby delegated to the CITY. This delegation of
maintenance function set forth herein does not include areas and
functions of which the control and maintenance rest with the
local authority under the terms of Freeway Agreements and /or
Freeway Maintenance Agreements.
ROUTE LENGTH
NO. MILES DESCRIPTION -OF- ROUTING
001 1.22 Santa Rosa Street from Walnut
Street to the north City Limit.
at PM 17.93, approximately
0.96 mile.
Also -
Walnut Street from Santa_ Rosa
Street to Osos Street,
approximtely 0.09 mile; Olive
Street from Santa Rosa Street
to Osos Street, approximately
0.09 mile; and Osos Street from
Walnut Street to freeway ramps .
and from Olive Street to freeway
ramps, approximately 0.08 mile.
A total length of approximately
1.22 miles.
101 6.86 Freeway from south City Limit .
at Post Mile 25.00 to north City
Limit near Cuesta Park, Post Mile
3.1.86, a total length of
Approximately 6.86 miles.
PROGRAM
DELEGATED
HM2C
HM2D1
HM4K
1Length of street to be cleaned 4 curb miles.
9
MAXIMUM
ANNUAL
AUTHORIZED
EXPENDITURE
$ 8,500.00
ROUTE LENGTH PROGRAM
140. MILES DESCRIPTION OF ROUTING DELEGATED
227 2.68 South Broad Street from City HMIA
Limits, Post_Mile 11.56 to HM2C
Higuera Street, Post Mile 13.44, HM2D2
approximately 1.89 miles. HM3J
Also - HM41K
Higuera Street westbound from
Broad Street to the intersection
of Marsh Street and Higuera Street,
approximately 0.41 mile.
Also -
Marsh Street eastbound from the
intersection of Higuera Street and
Marsh Street to Broad Street,
approximately 0.38 mile. A total
length of approximately 2.68 miles.
MAXIMUM_
ANNUAL
AUTHORIZED
EXPENDITURE
$23,000.00
TOTAL AUTHORIZED EXPENDITURES $31,500.00
2Length of street to be cleaned 5.76 curb miles.
10
I. SUBMISSION OF BILLS
The CITY will submit bills in a consistent periodic sequence
(monthly, quarterly, semiannually, or annually). Bills for less
than $500 shall not be submitted more than once each quarter.
Bills must be submitted promptly following close of correspond-
ing billing period and should be coded according to the Caltrans
HM Program Code as outlined in this Agreement. Bills submitted
for periods prior to the last fiscal year will be deemed waived
and not be honored.
Equipment shall be charged at mutually acceptable rental
rates and labor and material at actual cost. The CITY will be
allowed to recover- overhead and administrative costs only to the
extent that such charges include applicable expenses incurred by
the CITY in the execution of the work. Said factors and method
shall be subject to approval by the STATE.
Maintenance services provided by contract or on a unit-
rate basis with overhead costs included shall not have these
above - mentioned charges added again. An actual handling charge
for processing this type of bill will be allowed the City.
Emergency and,storm repairs performed by the CITY will be
paid for only with prior approval of the STATE's Highway
Superintendent of that specific area. In addition, the CITY
11
should immediately.notify the STATE's Area Superintendent for the
area of any storm damage or.other emergency condition affecting
the STATE highway. The CITY shall maintain, on a generally
accepted accounting basis complete and accurate records that
support all billings. These records shall be made available to
STATE representatives for review during normal business hours for
a period of three-(3) years after payment of said billings.
J. TERM OF AGREEMENT
This Agreement shall become effective July 1, 1989, and
shall remain in full force and effect until amended or
terminated.
This Agreement may be amended or terminated at any time
upon mutual consent of the par -ties thereto. This Agreement may
also be terminated by either party upon thirty (30) days notice
to the other party.
12
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
Approved as to form and
procedures:
City /Attorney
By
13
CITY OF SAN LUIS OBISPO
Mayor, Ron Dunin
City Clerk; •, Pam Voges
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
LEO J. TROMBATORE
Director of Transportation
By 1111J
District Direct 6r of
Transportation
Date 7- 57 -
'i
EXHIBIT "A"
City of SAN LUIS OBISPO
Effective July 1, 1989
Billed and Maintained by the Cit
14
E. Number /
Type of
Cost Distribution
Route
Pole No.
Location
Facility
Units
State
City
SIGNALS
227
Marsh & Nipomo
1
50
50
it
Marsh & Broad
1
75
25
it
Higuera & Broad
1
50
50
Hiquera & Nipomo
1
50
50
FLASHERS
None
UTILITY.OWNED
001
299
Osos & Walnut
20OW HPS
1
50
50
"
325
Montalban
"
1
50
50
227
10
Lawrence
70W HPS
1
66.7
33.3
if
8
Francis
it
1
66.7
33.3
if
5
Caudill
it
1
50
50
!'
134
Pismo
10OW HPS
1
50
50
='
192
Carmel & Higuera
20OW HPS
1
66.7
33.3
!�
185
Nipomo & Marsh
"
1
50
50
!�
189
Carmel & Marsh
"
1
50
50
14
1
Y
RESOLUTION NO. 6631 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING PLANS AND SPECIFICATIONS FOR REHABILITATION
OF THE SENIOR CITIZEN CENTER, AUTHORIZING STAFF
TO ADVERTISE FOR BIDS AND AUTHORIZING CAD TO AWARD CONTRACT
TO SUCCESSFUL BIDDER
WHEREAS, the City of San Luis Obispo is desirous of rehabilitating
the Senior Citizen Center in Mitchell Park; and
WHEREAS, funds for this rehabilitation are available from State Grant
sources and the 1987 -89 Capital Replacement Program;
NOW THEREFORE BE IT RESOLVED, that the City Council hereby approves
the Plans and Specifications for City Plan No. N -520, "Rehabilitation of
Senior Citizen Center ", directs staff to advertise for bids and authorizes
the CAD to award the contract to the low bidder if bids are below or equal
to the Engineer /Consultant Estimate.
On motion of Councilmembei Rappa , seconded by Councilmember Pinard
and on the following roll call vote:
AYES: Council_members Rappa, Pinard, Reiss, Settle and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this
June
1989.
mayor, Ron Dunin
ATTEST: )"
City Cl Irk, Pam Vog , CMC
20th
day of
6631
- (�y
RESOLUTION NO. 6630 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AMENDED BYLAWS FOR THE
BUSINESS IMPROVEMENT ASSOCIATION
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Those certain bvlaws attached hereto marked Exhibit
"A" and incorporated herein by reference for the Business Improvement
Area are hereby approved.
SECTION 2. The City Clerk shall furnish a copy of this resolution
=!nd a copy of the bylaws approved by it to: Business Improvement Area:
On motion of Councilmember Rappa , seconded by
Councilmember Pinard and cn 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 20thday of June
1989.
AT l T;
I 'CLERK, PA14ELA GE
4uproved:
ity AcAinistrative Officer
\T L�
City A
i'HAYOR, RON DUNIN
6630
� o
ol
Y
EXHIBIT A
ATTACHMENT: BIA Bylaws Amendment
Section 3.2 Eligibility. Membership shall be comprised of
all holders of active city business licenses within the
defined BIA boundaries.' Businesses, individuals or
instituions outside the distirct with an interest in
furthering the goals and mission of the BIA may join the
organization as a voluntary member at an annual fee
established by the board of directors. Any business, person
or institution within the BIA boundaries but exempt from the
payments of the business license tax shall also be permitted
to voluntarily associate as a,member at an annual fee. Such
voluntary members as described herein may serve on any
standing or ad hoc committees only, as appointed by_the.BIA
president.' Voluntary_ membership shall not exceed 15% of the
total BIA membership at any time.
RESOLUTION NO.
6629 (1989 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO AUTHORIZING FUNDING TO SIXTEEN ORGANIZATIONS
IN THE AMOUNT OF $66,481, FOR.FISCAL YEAR 1989 -1990
THROUGH THE PROMOTIONAL COORDINATING COMMITTEE
GRANTS -IN -AID PROGRAM
WHEREAS, the City desires to sponsor and support activities of a
cultural, artistic and educational nature for the benefit of the City's
residents and for the promotion of the City as an. inviting place for
visitors and tourists; and
WHEREAS, in the past, the City has authorized and-'distributed
Grants -in -Aid funding to community organizations which provide such
activities; and
WHEREAS, funding for the Promotional Coordinating Committee's
Grants -in -Aid program will be included in the 1989 -1990 Financial Plan
for the City of San Luis Obispo;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That certain organizations attached hereto and marked
Exhibit "A" shall be provided funding as is designated in the same
attachment.
Section 2. The staff is directed to prepare a contract for each
organization identified in Exihibit "A" and the CAO is authorized to
execute such contracts.
On motion of Councilmember Pnard seconded by Councilmember Rappa and
on the following roll call vote:
AYES: Councilmen ers Pinard, Rappa; Settle and Mayor Dunin
NOES. Councilmember Reiss
ABSENT: None
the foregoing resolution was passed and adopted this 6th day of June
1989.
ATT S :
-PATla Voges, Ci 'Clerk
APPROVED:
City Administrative Office
qftydr Ron Dunin
City Atto Vby
6629
EXHIBIT "A"
PROMOTIONAL COORDINATING COMMITTEE
Fiscal Year 1989 -90
GRANTS- IN -AIb RECOMMENDATIONS
*Contingent upon receipt of acceptable financial disclosuresstatements
from fiscal year 1988 -89.
GIA SUB - COMMITTEE
FULL PCC
AGENCY AMOUNT REQUESTED
RECOMMENDATION
RECOMMENDATION
1.
Vocal Arts
$
4,000.00
$
3,000.00
$
3,000.00
2.
County Band
$
2,500.00
$
21500.00
$
21500.00
3.
Music & Arts
for Youth
$
31000.00
$
31000.00
$
31000.00
4.
Pacific Repertory
Opera
$
21400.00
$
2,400.00
$
2,400.00
5.
EOC Wine
Festival
$
9,850.00
$
2,000.00
$
4,000.00
6.
SLO Art
Association
$
71000.00
$
71000.00
$
71000.00
7.
SLO County Arts
Council
$
8,006.00
$
51000.00
$
71000.00
8.
SLO Youth
Symphony
$
21500.00
$
2,000.00
$
2,500.00
9.
CP Foundation
for Arts
$
31500.00
$
11250.00
$
2,000.00
10.
SLO County
Symphony
$
71000.00
$
61500.00
$
61500.00
11.
SLO Mozart
Festival
$
7,000.00
$
6,500.00
$
6,500.00
12.
SLO Civic
Ballet
$
6,881.00
$
3,881.00
$
31881.00
13.
SLO Little
Theater
$
61000.00
$
6,000.00
$
6,000.00
*14.
Team Poly
Royal
$
4,000.00
$
11000.00
$
3,000.00
15.
Cuesta College
Art
$
71650.00
$
1,200.00
$
1,200.00
16.
ARTernatives
$
61000.00
$
61000.00
$
61000.00
TOTAL:
$
87,281.00
$
59;231.00
$
66,481.00
*Contingent upon receipt of acceptable financial disclosuresstatements
from fiscal year 1988 -89.
�� � G ,- ��
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l
RESOLUTION NO. 6628 (1989 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO AUTHORIZING FUNDING TO TWENTY -ONE AGENCIES
IN THE AMOUNT OF $'86,230, FOR FISCAL YEAR 1989 -1990,
THROUGH THE HUMAN RELATIONS COMMISSION
GRANTS -IN -AID PROGRAM
WHEREAS,_the City of San Luis Obispo "supports non- profit agencies which
Provide human services to t_he. residents of the City of San Luis Obispo;
and
WHEREAS, in the past, the City has authorized and distributed
Grants -in =Aid funding to community organizations which provide human
services; and
WHEREAS, funding for the Grants -in -Aid program will be included in the
1989 -1991 Financial Plan for the City of San Luis Obispo;
NOW THEREFORE, BE IT RESOLVED by the Council of the city of San Luis
Obispo -as follows:.
SECTION 1. That certain agencies attached hereto and marked Exhibit
"A" shall be provided funding as is designated in the same attachment.
SECTION 2. The staff is directed to prepare a contract for - each agency
identified in Exhibit "A" and the CAO is authorized to execute such
contracts.
On motion of Councilm_ember Pinard_ seconded by Councilmember Rappa and
on the following rol call vote:
AYES: Councilmembers Pinaid, Rappa, Reiss, Settle and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 6th day of June
1989.
APPROVED:
City dministrative Officer
-Mayor Ron Dunin
City Attorney
6628
EXHIBIT "W'
,-�x(JMAN RELATIONS
COMMISSION
Fiscal Year
1989
-90
GRANTS -IN -AID RECOMMENDATIONS
HRC
SECONDARY
AGENCY AMOUNT
REQUESTED
RECOMMENDATION___RECOMMENDATIO
1.
Family Services
Center
$
61000.00
$
4,000.00
$
-0-
2.
Hospice
$
16,000.00
$
5;000.00
$
1,000.00.
3.
Long Term Care
Ombudsman
$
51000.00
$
1,500.00
$
-0-
4.
Casa Solana.
$
101000.00
$
31500.00
$
1,000.00
5.
Children's Home
Society
$
4,864.00
$
500.00
$
500.00
6.
SLO Child Development
Center
$
13,470.00
$
7,000.00
$
2,000.00
7.
Women's Shelter
Program
$
11,500.00
$
7,000.00
$
11500.00
8.
Hotline
$
6,500.00
$
21000.00
$
3;000.00
9.
Mental Health
Association
$
61500.00
$
41500.00
$
-0-
10.
American
Red Cross
$
6,000.00
$
21250.00
$
750.00
11.
Salvation
Army
$
25,000.00
$
18,000.00
$
-0-
12.
EOC Senior Health
.Screening
$
31882.00
$
31000.00
$
-0-
13:
EOC Family
Planning
$
5,500.00
$
1,500.00
$
21000.00
14.
SLO Literacy
Council
$
5,000.00
$
1,250.00
$
750.0.0
15.
ALPHA
$
2,800.00
$
350.00
$
650.00
16.
Easter Seal
Society
$
11'500.00
$
11000.00
$
-0-
17.
Grass Roots II
$
41740.06
$
31500.00
$
-0-
18.
Poly Pals
$
1,600.00
$
480.00
$
-0-
19.
Rape Crisis
Center
$
61908.00
$
51000.00
$
-0-
20.
RSVP
$
41.000.00
$
11000.00
$
-0-
21.
Caring Callers
$
750.00
$
750.00.
$
-0-
TOTAL:
$147,514.00
$
.8;6;._230:0
$13,150.00
0/
vx/
RESOLUTION NO. 6627 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 1672_
LOCATED AT 3450 BULLOCK LANE
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of the tentative map of
Tract 1672 and the Planning Commission's recommendations, staff recommendations and
reports thereon, makes the following findings:
1. The design of the tentative map and proposed improvements are consistent with the
general plan.
2. The site is physically suited for the type and density of development allowed in the
R -2 zone.
3. The design of the tentative map and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvements 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 will
not have a significant effect on the environment and has granted a negative
declaration based on the incorporation of mitigation measures listed in initial study
ER2 -89 which is incorporated by reference.
6. The proposed exceptions do not constitute a grant of special privilege inconsistent
with limitations upon other properties in the vicinity.
7. Because of special circumstances, notably the creek which traverses the property and
the irregular shape of the parent parcel, the strict literal application of the
Subdivision Regulations would be deprive the property owner of privileges enjoyed by
other properties in the vicinity.
8. The cost to the subdivider of strict literal compliance with the regulations is not a
reason for granting the modification.
SECTION 2. Exceptions. The approval of the tentative map for Tract 1672 shall be
i
subject to the following exceptions:
1. A 46 foot right -of -way with 32 foot pavement section including curb gutter and
sidewalk along the northerly frontage only is hereby approved for the proposed
cul -de -sac, as shown on Exhibit "C ".
2. An exception is granted to allow a 60 foot depth where 90 feet is required for
proposed parcel 5.
6627
Resolution No. 6627 (1989 Series)
Tract 1672
Page 2
3. An exception is granted to allow an average width less than 60 feet for proposed
parcel 7.
SECTION 3. Conditions. The approval of the tentative map for Tract 1672 shall be
subject to the following conditions:
A permanent open space and pedestrian access easement shall be dedicated to the city
for the areas generally shown on attached Exhibit "B ", and subject to the approval of
the Community Development Director and City Attorney. The open space and access
easements shall run with the land and provide. the following limitations on land use
or alterations:
a. No structures or solid fencing shall be placed on or within said -premises.
b. No advertising of any kind shall be located within said premises except for a
project identification sign.
C. The general topography of the area shall be preserved substantially in its
existing condition. No grading shall be allowed except as permitted by the
Community Development Director.
d. No removal of vegetation except for fire protection or other hazards or
elimination of diseased growth as approved by the Community Development
Director.
e. The open space and pedestrian access easement shall include an area which is 20
feet from the top of the bank of the creek.
f. All of the willows on the project site shall be preserved.
g. The open space easement shall be maintained by the property owner except the
pedestrian access easement if accepted by the city, and except for clearing by
the City for flood control and drainage purposes.
2.. The applicant shall submit a creek vegetation restoration plan to the Community
Development. Department and Department of Fish and Game for review and approval which
shows:
-- The trunk diameter, species and status of each tree (to be removed,
preserved and safety pruned, etc.).
-- Planting of additional vegetation along the creek, showing size, type and
location.
-- Clearing of debris and refuse from the creek channel.
3. The applicant shall construct one -half of Bullock Lane plus a 12 foot travel lane
along the project's entire Bullock lane frontage, to the satisfaction of the City
Engineer.
Resolution No. 6627 (1989 Series)
.Tract 1672
Page 3
4.. The applicant shall dedicate to the city and improve a full cul -de -sac turnaround of
50 -foot property line radius including curb, gutter; "sidewalk, driveway approaches,
street tree easement and public utilities easement. Street pavement shall be
installed to the satisfaction of the City Engineer and shall be 'a 46 -foot
right -of -way for the cul -de -sac which includes curb, gutter and sidewalk along the
northerly side of the street and curb only along the southerly (creek) side as shown
on Exhibit "C ".
5. The parking island in the center of the cul -de -sac turnaround shall be deleted.
6. A noise evaluation shall be done of the site which identifies all areas subject to 60
Ldn noise exposure. The study shall identify mitigation measures which shall be
incorporated into the design of any development plans on the affected lots. All
projects on parcels falling within the 60 Ldn contour shall be designed to satisfy
the exterior and interior noise standards contained in the Noise Element of the
general plan.
7. Any runoff directed to the creek from the project shall be done in a non- erosive
manner.
8. A 6 -foot fence shall be installed along the portion of the proposed subdivision_ which
borders the adjacent parking lot for the nonconforming commercial use.
9. The final map shall delineate common driveway and access easements for all lo_ is
sharing a driveway apron as depicted on the preliminary development plan.
10. Notice of potential building restrictions due to water limitations shall be recorded
with each lot.
On motion of Councilmember Rappa Councilmember Pinard
,seconded by
, and on the following roll call vote:
AYES: Councilmembers Rappa, Pinard, Reiss'. and Mayor Dunin
NOES: Councilman .fettle
ABSENT: None
Resolution No.
Tract 1672
Page 4
66271989 Series)
the foregoing resolution was passed and adopted this
1989.
ATTEST:
City Clerk Pam toges
APPROVED:
City A inistrative Officer
City Attorn
�zwr
Community Development Director
6th day of June
ayor Ron Dunin
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RESOLUTION NO. 6626 (1989 SERIES)
A'� RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING GP /R 1312, AMENDING THE LAND USE ELEMENT MAP
OF THE CITY OF SAN LUIS OBISPO FROM MEDIUM
DENSITY RESIDENTIAL TO OFFICE FOR A 5._5
ACRE SITE AT 1825 JOHNSON AVENUE
WHEREAS, the Planning Commission and the City Council have held hearings to consider
appropriate land use designation on the subject property in accordance with Section 65800
et. seq. of the Government Code; and
WHEREAS, the general plan amendment will not have a significant adverse impact on the
environment and has been granted a negative declaration subject to the mitigation
measures listed in initial study No. ER 10 -87 which is hereby incorporated by reference;
and
WHEREAS, the proposed general plan amendment will not be detrimental to the health
safety and welfare of persons living or working in the area or at the site; and
WHEREAS, the proposed general plan amendment is consistent with the general plan; and
WHEREAS, the proposed land use designation is appropriate at the proposed location
and will be compatible with surrounding land uses.
NOW THEREFORE BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows.
SECTION 1. That the area shown on the map attached hereto marked Exhibit "A" and
included herein by reference, be reclassified from medium density residential to office.
6626
Resolution Nob 6 2 6 (1989 series)
Page 2
On motion of Councilmember Pinard ,seconded by
I
Councilmember Rappa and on the following roll call vote:
AYES: Councilmembers Pinard, Rappa and Mayor Dunin
NOES: Councilmember Settle
ABSENT: Councilmember Reiss
the foregoing resolution was passed and adopted this 6th day of June
1989.
Mayor Ron Dunin
ATT ( 1
City lerk Pam Vog
APPROVED:
-A�
City A ministrative Officer
City Attorn i
t Director
EXHIBIT A
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RESOLUTION NO. 6625 (1989 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL OF THE SUBDIVISION HEARING OFFICER'S
ACTION TO APPROVE THE TENTATIVE PARCEL MAP FOR MINOR
SUBDIVISION 89 -07 LOCATED AT 1550 ROYAL WAY
WHEREAS, the Subdivision Hearing Officer approved the tentative map for Minor
Subdivision 89 -07 at a public hearing on March 31, 1989; . and
WHEREAS, on April 6, 1989, Mr. Daniel Balicki filed an appeal requesting that the
council deny the tentative map; and
WHEREAS, on May 16 and June 6, 1989, the City Council conducted a duly noticed public
hearing to consider the testimony of the appellant, the subdivider, and other interested
parties.
NOW, THEREFORE, the council of the City of San Luis Obispo denies the appeaVand takes
an action to approve the tentative map for Minor Subdivision 88 -184, subject to the
following findings and conditions:
SECTION 1. Findings
The design of the minor subdivision and proposed improvements are consistent with the
general plan.
2. The site is physically suited for the type and density of development allowed in the
R -1 zone.
3. The design of the minor 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 minor subdivision or the type of improvement will not conflict with
easement for access through or use of property within the proposed subdivision.
5. The Community Development Director has determined that the proposed minor subdivision
will not have a significant effect on the environment and has granted a negative
declaration.
6625
Resolution No...- 6625 (1989 Series)
Minor Subdivision 89 -07
Page 2
SECTION 2. Conditions.
Subdivider shall submit a final map to the city for review; approval and recordation.
2. Final map shall note that all existing trees 12 inches in diameter or larger shall be
preserved. Said trees shall be safety pruned to the satisfaction of the City Arborist
prior to final map approval.
3. The existing house and accessory structures shall be removed prior to final map
approval. Request to demolish the existing house must be approved by the city
Architectural Review Commission.
4. Final map shall note that all new driveways serving the parcels shall be designed to
accommodate vehicles exiting in a forward direction onto Royal Way, in accordance with
city Parking and Driveway Standards, and to the approval of the Community Development
Director.
SECTION 3. Code Reouirements. That the following represent standard requirements
required by various codes, ordinances, and policies of the City of San Luis Obispo, but
are not limited to the following:
1. Subdivider shall install street trees in accordance with city standards. Existing
trees may qualify as street trees, as determined by the City Arborist.
2. Subdivider shall provide individual sewer, water, and utility services to all
parcels. New utilities shall be underground.
3. Subdivider shall pay water acreage and frontage fees, as determined by the City
Engineer, prior to final map approval.
4. Subdivider shall pay park -in -lieu fees for two parcels, prior to final map approval.
On motion of Councilmember ReSAnded by Councilmember Rappa
and on the following roll call vote:
AYES: Councilmembers Reiss, Rappa and Pinard
NOES: ._-Councilmember Settle and Mayor Dunin
ABSENT: None
Resolution No. c,62.'1 (198;. Series)
Minor Subdivision 89 -07
Page 3
The foregoing document was passed and adopted this 6t4 day of June
1989.
n unin
ATTEST:
City Clerk pam oges
APPROVED:
V%,
City Adm istrative Officer
City Attorne
Community Development Director
•k
1