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HomeMy WebLinkAbout6736-6761RESOLUTION NO. 6761 (1990 Series) APPOINTMENT OF A TASK FORCE FOR THE COUNTY INTEGRATED WASTE MANAGEMENT PLAN WHEREAS, effective January 1, 1990, the portions of the State Health and Safety Code that required the Solid Waste Management Plan were repealed, and WHEREAS, as the County Solid Waste Management Plant no longer exists, the Solid Waste Management Commission may also be considered to no longer exist; and WHEREAS, on January 1, 1990, the Assembly Bill. 939 - "The California Integrated Waste Management Act of 1989" became effective and required appointment of 'a local task force by March 1, 1990 to assist, in coordinating the development -of city and county source reductions and recycling elements to prepare a countywide siting element, and WHEREAS, on January 4, 1990, the County Solid Waste Management Commission considered and approved a motion to recommend to the cities and county that the Commission be established as the Solid Waste Task Force. NOW, THEREFORE, BE NT RESOLVED, the City Council of the City of Sari Luis Obispo does hereby appoint Councilwoman.Penny Rappa to serve as the member on the Solid Waste Task Force and Fire Chief Mike Dolder to serve as the alternte on the Solid Waste Task Force. Upon motion of. Councilman Roalman - seconded by Councilwoman, Pinard and on the following roll call vote: AYES: Counciluembers Roalman, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this 20th day of February 1990 6761 Resv'iution No. 6761 (1990 Series) ATTEST: d ..0 Pan Vo es, City C1 APPROVED: City a Officer WR56/ ill _ Mayor Ron _unin a I 40 m U RESOLU'T'ION No. 6760 � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING PARTICIPATION OF THE POLICE DEPARTMENT IN THE SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE WHEREAS, the City of San Luis Obispo recognizes that the trafficking and use of illicit drugs poses significant law enforcement and social problems within the County of San Luis Obispo; and WHEREAS, the City of San Luis Obispo recognizes that an effective illicit drug enforcement program can be accomplished only through the cooperative regional efforts of all the law enforcement jurisdictions within the County of San Luis Obispo; and WHEREAS, the City of San Luis Obispo desires that the San Luis Obispo Police Department should participate in the San Luis Obispo County Narcotic Task Force. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO HEREBY RESOLVES AS FOLLOWS: 1. That the City of San Luis Obispo adopt the Inter - Agency Agreement for the San Luis Obispo County Narcotic Task Force ("agreement ") attached hereto as Exhibit A and incorporated herein by reference; 2. That the Chief of Police be designated as the City's representative to the Board of Governors of the San Luis Obispo County Narcotic Task Force, and that he be authorized to execute agreements on behalf of the City, consistent with the Agreement and the City Budget; 3. That the Police Department provide. manpower and support to the San Luis Obispo County Narcotic Task Force as delineated in the Inter - Agency Agreement for the San Luis Obispo County Narcotic Task Force; and 4. That this resolution shall remain in effect until. June 30, 1993, the date of expiration for the Inter -Agency Agreement for the San Luis Obispo County Narcotic Task Force, unless sooner terminated by action of the City Council. On motion of Council MemberRpahrian , seconded by Council Member Pinard , and on the following roll call vote, to wit: AYES: Councilmembers Roalm3n, Pinard, Rappa, Reiss .and Mayor Amin NOES: None ABSENT: None the foregoing resolution was passed.and adopted this 20t*y of February, 1990. mall �� •@• ATTEST: L/ P VOGES.- CLERK APPROVED AS TO • � FORK- 6760 B. Authority of the Board The Board shall have the authority to establish, evaluate, and change the goals and objectives of the NTF whenever necessary. It shall also have the authority to enter into financial arrangements to the extent of resources available. Additionally, the Board of Governors will be responsible for the expenditure ort- seized asset forfeiture funds which are held in a San Luis Obispo County Narcotic Task Force account with the County Auditor. The Board of Governors will, by majority vote, allow expenditures from said account. C. Board Meetings The Board shall fix time and place for its meetings and shall hold at least one meeting quarterly. Any action taken by the Board shall be taken by a majority in attendance provided a quorum exists_ Four members of the Board shall constitute a quorum. D. Board Chairman One member of the Board shall be elected as Chairman and serve for a one year term. The Bureau of Narcotic Enforcement Special Agent in Charge and the representative of the California Highway Patrol shall not serve as Chairman. 3 U NOW, .THEREFORE, the parties do agree as follows: 1. Effect of Agreement This Agreement shall supercede and be a novation of the Law Enforcement Inter - Agency Agreement dated June 30, 1987. 2. Purpose The purpose of this Inter - Agency Agreement is to provide for the exercise of common power of each of the parties to provide combined investigative resources.. These resources shall be utilized for the Purpose of enforcing the laws of the State of California as they relate to narcotics and controlled substances. The specific goals and objectives of the Task Force will be determined. by the San Luis Obispo County Narcotics Task Force Board of Governors and published as the SLOCNTF Manual of Policies and-Procedures. 3. Governing Body of NTF A. Composition of Board of Governors The NTF will be governed by the Police Chiefs of Atascadero, Arroyo Grande, and San Luis Obispo, the Sheriff of San Luis Obispo County., ti:a District Attorney of San Luis Obispo County, the Station Commander of the Templeton Station of the California Highway Patrol, and the Special Agent in Charge of the Los Angeles Field Office of the Bureau of Narcotic Enforcement. Each of these members shall have an equal vote. 4. Supervision _of_ the NTF A Special Agent Supervisor /Task Force Commander from the Bureau of Narcotic Enforcement shall be responsible for supervision of the NTF, and will report directly to the Board, through the Chairman. The Task Force Commander shall be requited to inform each agency head, on a frequency established by the Board, on all potential targets for investigations, NTF activities, and /or any controlled substance related problems. 5. Task Force Assignments A. Agency personnel will be assigned as. follows: San Luis Obispo Sheriff's Department - Two Deputy Sheriffs San Luis Obispo Police Department - One Police Officer - One Secretary I Atascadero Police Department - One Police Officer Arroyo Grande Police Department - One Police Officer Paso Robles Police Department - One Police Officer Morro Bay Police Department - One Police Officer San Luis Obispo District Attorney - Two Investigators - One part -time Account Clerk California Highway Patrol - One Police Officer Bureau of Narcotic Enforcement - One Special Agent Supervisor /Task Force Commander 4 B. Any individuals assigned shall be under the immediate control of the Task Force Commander and shall adhere to all NTF policies and procedures. C. Each agency shall be responsible for compensation of the personnel assigned from that agency to include all salaries, benefits, payroll taxes and insurances, and overtime.. Overtime, due to potential budgetary impact,, must be an item of communication between each agency responsible for payment and the NTF supervisor. D. The police officer assigned by the Atascadero Police Department, Arroyo Grande Police Department, and the secretary assigned by the San Luis Obispo Police Department shall be compensated by funds contributed by the following cities. City of Arroyo Grande City of Atascadero California Polytechnic University City of Grover City City of Morro Bay City of Paso Robles City of Pismo Beach The City of San Luis Obispo will contribute funds to pay a portion of the Arroyo Grande Police Officer as their fair share. 5 Each agency will contribute funds to the City of San .Luis Obispo Finance Department as their fair share of the annual budget proposal approved; by the Board of Governors. Any cost of living increases, as granted by the employing agency will also be compensated.. The San Luis Obispo Finance Department will dispense funds at the discretion of the Board of Governors. E. The police officers assigned by the Paso Robles Police Department, the Morro Bay Police department, and the part - time account. clerk assigned by the San Luis Obispo District Attorney's Office shall be compensated by funds generated by asset forfeiture monies. The assignment shall be evaluated every fiscal year for continuation based. on the availability of revenue. 6. Asset. Forfeiture It shall be the responsibility of the San Luis Obispo County Narcotic Task Force to investigate those asset forfeiture seizures initiated within the County of San Luis Obispo under section 11470 of the California Uniform Controlled Substances Act and 21 United States Code 881. Such seizures will then be deposited in accounts maintained in a Narcotic Task Force interest bearing account held by the San Luis Obispo County Auditor /Controller. Expenditures of proceeds derived from such seizures after disposition shall be authorized by majority vote of the San Luis Obispo County Narcotic N J Task Force Board of Governors in compliance with 11489 of the California Uniform Controlled Substances Act and /or federal guidelines. 7. Equipment and Supplies The San Luis Obispo Police Department-, San Luis Obispo County Sheriff's Department, and the California Bureau of Narcotic Enforcement shall each be responsible for providing vehicles to be utilized by personnel assigned to the unit. This responsibility shall include insurance, gas and oil, upkeep and maintenance, radio installation, and other expenses associated with the vehicles.. The California. Bureau of Narcotic Enforcement will provide Task Force office space, telephone service, a• portable base station, $20,000 in undercover buy funds, and will provide a burglar alarm system for said office. The San Luis Obispo Police Department will provide $1,200 in undercover funds for the purchase of drugs and narcotics in the City of San .Luis Obispo. San Luis Obispo County Sheriff's Department will provide $1,000 in investigative funds for the purchase of drugs and narcotics in the County of San Luis Obispo. Additionally, $4,000 from the San Luis Obispo County Drug Fund will be allotted to the Task Force for the purchase of drugs and narcotics in the County of San Luis Obispo. Office supplies and office expenses should be provided for from excess funds paid by the eight agencies listed in Section 5 -D. 7 8. Acts of Particioatind Agents Personnel assigned to the Task Force shall be deemed to be continuing under the employment of their parent.agency. 9. Term Withdrawal and Termination of Agreement The term hereof is three years, until June 30, 1993. Any member agency may withdraw from the Task Force by resolution of its governing body. Written notice of such withdrawal shall be given to the Board prior to February 01, and become effective only as of July 01, in the year in which withdrawal is made. Termination of this agreement may be made by resolution.of the governing bodies of all but one of the participating agencies.. IN WITNESS, WHEREOF, the parties have executed this Agreement on the dates set forth beside their respective signatures. CITY OF SAN LUIS OBISPO Date. 02 b Y ATTEST: - City lerk Pam Voge M. C'Fa—y-6r Ron. Dunin RESOLUTION No.`.6 7 60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING PARTICIPATION OF THE POLICE DEPARTMENT IN THE SAN LUIS OBISPO COUNTY NARCO'T'IC TASK FORCE WHEREAS, the City of San Luis Obispo recognizes that the trafficking and use of illicit drugs poses significant law enforcement and social problems within the County of San Luis Obispo; and WHEREAS, the City of San Luis Obispo recognizes that an effective illicit drug enforcement program can be accomplished only through the cooperative regional efforts of all the law enforcement jurisdictions within the County of San Luis Obispo; and WHEREAS, the City of San Luis Obispo desires that the San Luis Obispo Police Department should participate in the San Luis Obispo County Narcotic Task Force. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO HEREBY RESOLVES AS FOLLOWS: 1. That the City of San Luis Obispo adopt the Inter - Agency Agreement for the San Luis Obispo County Narcotic Task Force ( "agreement ") attached hereto as Exhibit A and incorporated.herein by reference; 2; That the Chief of Police be designated as the City's representative to the Board of Governors of the San Luis Obispo County Narcotic Task Force, and that he be authorized to execute agreements on behalf of the City, consistent with the Agreement and the City Budget; 3. That the Police Department provide manpower and support to the San Luis Obispo County Narcotic Task Force as delineated in the Inter - Agency Agreement for the San Luis Obispo County Narcotic Task Force; and 4. That this resolution shall remain in effect until June 30, 1993, the date of expiration for the Inter - Agency Agreement for the San Luis Obispo County Narcotic Task Force, unless sooner terminated by action of the City Council. - On motion of Council MemberROalrmn seconded by Council Member Pinard , and on the following roll call vote, to wit:. AYES: Councilmembers Roalman, Pinard, Rappa, Reiss and Mayor Amin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 20trday of February, 1990. ATTEST U., PARY VOGES, CLERK APPROVED AS TO FORM: � ®RA,MR 117re 11 ®r 6760 INTER - AGENCY AGREEMENT FOR THE SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE This Agreement is entered into, by and among, the State of California, Department of Justice, Bureau of Narcotic Enforcement; the County of San Luis Obispo; the cities of Arroyo Grande, Atascadero, Grover City, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo; the California Polytechnic State University, San Luis Obispo; and the California Highway Patrol. This agreement shall be effective July 1, 1990, provided that by said date it has been ratified by all agencies identified above. WITNESSETH WHEREAS, Law Enforcement Administrators agree that drug cultivation, manufacturing, distribution,_;.sale, and use presents a major law enforcement problem, and WHEREAS, each agency identified above is unable to commit sufficient resources to adequately curtail those illegal practices, and WHEREAS, the above identified agencies, by Inter- Agency agreement, . combined resources to control narcotics activities in San Luis Obispo County, and WHEREAS, the San Luis Obispo County Narcotics Task Force has been very successful during that time. 1 9 � C RESOLUTION N0.6759 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP AND ACCEPTING PUBLIC IMPROVEMENTS FOR TRACT NO. 1439 LOCATED AT 1901 ROYAL WAY (Sandra and O. Robert Noyes, Subdividers) WHEREAS, the City Council made certain findings concerning Tract No. 1439 as contained in Resolution No. 6560 (1988 Series), and WHEREAS, all conditions required per said resolution have been met, and the final map is in substantial conformity with the approved tentative map, and WHEREAS, all public improvements have been constructed to City standards and specifications. NOW THEREFORE BE IT RESOLVED that the final map is hereby approved and the public improvements are hereby accepted by the City for maintenance for Tract No. 1439. On motion of Councilman Roalman , seconded by Councilwoman Pinard and on the following roll call vote: AYES: Counclmembers Roalman, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th day Of February , 1990. AYOR RON DUNIN ATTEST: p UXA CITY CLERK p V GES 6759 C'' Resolution No. 6759 (1990 Series) Page Two. APPROVED: City ngineer jk1.wp /t1439res.wp by m 0 Y RECORDING REQUESTE. 1st American Title AND WHEN RECORDED MAIL TO: City of San Luis Obispo Planning Department c/o First American Title NOTICE .4M "-111-44 Additional information for TR. No. 1439 filed Book _, page _ of Maps The following is for information only, describing conditions as of the date of filing, and is not intended to affect record title interest. The possibility exists of a delay in obtaining a building permit due to City of San Luis Obispo Water Supply and Water usage. STATEOFCALI$R It Obispo (ss. COUNTY OF SSddRR LL STATE OF CALIFQRNIA COUNTYOF San Luis Obispo )Ss. On jdm aj'y 17., 1990 before me, the undersigned a Notary Public in and for said State personally appeared Sandra We1Ch NOY-eS r proved to me on the basis of satis- factoryevidence) to be the personM whose nameX is/dMub- scribed to the within instrument and acknowledged to me that tp/she/tlin executed the same. WITNESS my hand and official seal. 1� Slynatura.� D S' . o ever Rbbert Noyes Jq.. , 7 j& --Azy, Sandra Welch Noyes 0 O B08AN S. KELLY NOTARY PUBLIC + SAN LUIS OB1SP0 COUNTY my Commiseion Ex CALIFORNIA plres on June 21, 1993 (This area for official notarial seal) Ben L. Ma dalena R.C.E. #12545, Exp. 3/31/93 0 ��Ipllllllll������llllll`�IIII� GUARANTEE TO THE CITY OF SAN LUIS OBISPO I, the undersigned, hereby place on deposit with the City of San Luis Obispo, the sum of;:$ 43,000.00 to guarantee: Any necessary repairs of public improvements for Tract 1439 on Royal Way in San Luis Obispo in accordance with Subdivision Map Act Section 66499.9(C) and City Municipal Code Section 16.44.120(E). This deposit to be released after one year from date of acceptance of improvements on the condition that any defects that may have become apparent during that time have been remedied to the satisfaction of the City Engineer. at.- 1901 et al Royal Way LOt(S) 1 through 22 Block - -- Tract 1439 Necessary repairs If I fail to make within thirty (30) days from= date, of notification of any defects the proceeds of I hereby authorize the city to use any or all of�this deposit as necessary to complete these improvements and refund the balance of the deposit, if any. If the city has to proceed with these improvements and the lowest responsible bid exceeds this deposit, then I agree to deposit the required additional amount within two days after returned receiving written notice thereof. I understand the entire deposit shall be rUMM if I make improvem is withi th t 30 days from NIMate. of notification of defects. Signed o Date �y90 Please Print: Oliver Noyes Name of person to whom cash will be refunded: /i've r o v es Mailing Address: l90/ ` oYei/ 0,7&4 5 An 1w;5 Obis d 93'1.0 Refund requested by- Date: . White: File Yellow Finance Pink-.Dept. Goldenrod: Applicant 72.84 ,v COMMERCE BANK OF SAN LUIS OBISPO N.A Letter of Credit #90 -02 IRREVOCABLE COMMITMENT OF FUNDS FOR COMPLETION OF POSSIBLE REPAIRS ON ROYAL WAY IN SAN LUIS OBISPO City of San Luis Obispo San Luis Obispo, CA 93401 The undersigned, Commerce Bank of San Luis Obispo, N.A., being a financial institution which is subject to regulation by the State of California or by the federal government, hereby pledges that monies to the extent of $43,000.00 (Forty Three Thousand Dollars and No /100) are credit to the loan commitment account of 0. ROBERT NOYES AND SANDRA W. NOYES as required by the Subdivision Map Act of the State of Cali- fornia for the purpose of any necessary repairs of public improvements for Tract 1439 on Royal Way in San Luis Obispo in accordance with Subdivision Map Act Section 66499.9 (c) And City Municipal Cole Section 16.44.120 (e). This deposit is to be released after one year from date of acceptance of improvements on the condition that any defects that may have become apparent during that time have been remedied to the satisfaction of the City Engineer. The undersigned agrees that said funds are trust funds on deposit and guaranteed for payment and that upon receipt of written demand, signed by the clerk of the City of San Luis Obispo, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said demand, to the City of San Luis Obispo for the purposes set forth above. By execution and delivery of this Irrevocable Commitment of Funds to the City of San Luis Obispo, the undersigned financial institution is relieved of any and all liability to said 0. ROBERT NOYES AND SANDRA W. NOYES, except as herein specifically set forth. 545 Higuera Street Post Office Box 1069 San Luis Obispo, CA 93406 (805) 541 -4166 Letter of Credit #90 -02 0. Robert Noyes and Sandra W. Noyes Page two Dated at San Luis Obispo, California this 2nd day of February 1990. Commerce Bank of San Luis Obispo, N.A. BY Address to which notices to Bank should be sent: Commerce Bank of San Luis Obispo, N.A. P.O. Box 1069 San Luis Obispo, CA 93406 The undersigned hereby agrees to all the terms and con- ditions of the foregoing Irrevocable Commitment of Funds and release the financial institution executing said Irrevocable Commitment of Funds from all liability except as therein specifically set forth. Dated at San Luis Obispo, February, 1 . Robe Noyes 917nd"ra w. Noyes California this 2nd day of RESOLUTION NO.6758 (1990 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AUTHORIZING THE CITY TO TO EXECUTE DOCUMENTS NECESSARY TO FACILITATE FUNDING FROM CALIFORNIA COMMUNITY REINVESTMENT CORPORATION TO EDNA =ISLAY HOUSING ASSOCIATES FOR FOR LOW- MODERATE INCOME HOUSING WHEREAS, the City of San Luis Obispo, the Housing Authority of the City of San Luis Obispo, and Edna =Islay Housing Corporation have worked together to develop a 20 unit low and moderate income housing development. at 4035 Poinsettia Street pursuant to a Community Development Agreement dated May 18, 1988, as approved by Council Resolution No. 6328 (1987 Series); and WHEREAS, that 20 unit low and moderate income housing development has been substantially completed; and WHEREAS, Edna -Islay Housing Associates, a limited partnership, was formed with Edna -Islay Housing_ Corporation as managing general partner, to take advantage of tax credits pursuant to the Internal Revenue Service Act of 1986 and corresponding State Legislation; and the City Council consents to the assignment of the Community Development Agreement from Edna = Islay Housing Corporation to Edna - Islay Housing Associates; and WHEREAS, permanent financing is now being secured by Edna- Islay Housing Associates from California Community Reinvestment Corporation for the project; and WHEREAS, California Community Reinvestment Corporation requires. the execution of certain documents, consents, and assurances from the City of San Luis Obispo in order to provide permanent financing; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows; , SECTION 1. The Council of the City of San Luis Obispo consents to, and authorizes and directs the Chief Administrative Officer, Community Development Director, or any other City staff designated by the Chief Administrative Officer, to execute any and 411 appropriate legal documents necessary to consummate the permanent financing between Edna -Islay Housing Associates and California Community Reinvestment Corporation, including but not limited to the following: a. Assignment of Interest in Regulatory Agreement (Exhibit A. attached hereto). 6758 Resolution No. 6758 Page Two (1990 Series) b. Estoppel Certificate Regarding Housing and Community Development Agreement (Exhibit B. attached hereto). C. Subordination Agreement Regarding Regulatory Agreement (Exhibit C. attached hereto). SECTION 2. The Council of the City of San Luis Obispo also hereby authorizes the City Attorney to compile and execute an appropriate opinion letter supporting the above action. On motion of Councilwoman Pinard seconded by Councilwoman Rapper and on the following roll call vote Ayes: Councilmembe..rs- Pinard, Rappa, Reiss, Roalman and Dunin Noes: None Absent: None the foregoing Resolution was passed and adopted this 20th day of February , 1990. P`Mayor Ron Dunin AP OVED: City A inistrative Officer Community Dev 1ppment Director Recording Requested By and When Recorded Mailed To: Edna Islay Housing Corporation, a California Nonprofit Public Benefit Corporation P. 0. Box 13657 San Luis Obispo, CA 9.3406 J ASSIGNMENT OF INTEREST IN REGULATORY AGREEMENT This Assignment is made and entered into this 11th day of January, 1990, by Edna Islay Housing Corporation, a California Nonprofit Public Benefit Corporation ( "Assignor ") to Edna Islay Housing Associates, a California Limited Partnership ( "Assignee "). Whereas, Assignor entered into a Housing and Community Development Agreement ( "Regulatory Agreement ") dated May is, 1988, which was recorded in the official records of San Luis Obispo County on June 29, 1988 as Document No. 35349, affecting the property described on the attached Exhibit A; Whereas, Assignee is in the process of securing a loan of $450,000.00 from the California Community Reinvestment Corporation which loan shall be secured by a Deed of Trust encumbering that certain property described in Exhibit A attached hereto; Whereas, the California Community Reinvestment Corporation is r= �:�ria a^ a ccrditi f -� g :. on ;, its loan. that Assignor assign all of its right, title, and interest in the "Regulatory Agreement" to Assignee; Whereas, it is to the mutual benefit of the parties hereto that this Assignment be effectuated; Now, therefore, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor hereby assigns to Assignee all of its right, title, and interest in the "Regulatory Agreement'!. `V(� ITI „tea Assignor: Edna Islay Housing Corporation, a California Nonprofit Public Benefit Corporation By: // 24�L� E E R. NELSON P sident U .Assignee, hereby accepts the above Assignment-of the "Regulatory Agreement” subject to all the terms, conditions thereof. Edna Islay Housing Associates, A California Limited Partnership By:Edna Islay Housing Corporation a California Nonprofit Public Benefit Corporation General Partner e ** d %n t NELSON / P esien (, The City of San Luis Obispo hereby consents to the above Assignment City of San Luis Obispo, a Charter Municipal Corporation • ^1 i i EXHIBIT A Property Description All that real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: Lot 110 as shown on the certain map entitled "Units 3 and 4, Tract 929 ", in the County of San Luis Obispo, State of California, according to map September 18, 1984 in Book 11, Page 97 of Maps. 6 i WITHOUT COLLECTION Feb. ,2f 19 90 ESCROW NO. SLO —870965 —YH To: First American Title Insurance Co. I herewith hand you a SUBORDINATION AGREEMENT executed by: the CITY OF SAN LUIS OBISPO, a charter municipal corporation to: California Community Reinvestment Corporation, a California nonprofit public benefit rnrnnrwtinn describing: subordination of existing Agreement recorded 6/29/88 in 9k. 3163, page 719 in the office of the county recorder of San Luis Obispo, CA to a new 1st deed of trust securing one note in the amount of $450,000.00 in favor of California Community Reinvestment Corporation on property legally described as: Lot 110 of Unit 4 as shown on the certain map entitled "Units 3 and 4, Tract 929 ", in the County of San Luis Obispo,State of California, according to map recorded September 18, 1984 in Book 11, Page 97 of Maps: which you are authorized.to use in this escrow without collection for my account, as I have received full consideration therefor outside of escrow. CITY OF SAN LUIS OBISPO, a charter municipal corporation Signatur o Signature BY- City A inistrative_Officer Community De lopment Officer Address Address 1 WITHOUT COLLECTION Feb. 19 90 ESCROW; NO. SLO -870965 -YH To: First American Title Insurance Co. I herewith hand you a SUBORDINATIOhL AGREEMENT executed by: the CITY OF SAN LUIS OBISPO, a charter municipal corporation to: California Community Reinvestment Corporation, a California nonprofit public benefit corporation describing: subordination of existing Agreement recorded % 6/29/88 in 31639 page 719 in the office of the county recorder of San Luis Obispo, CA to a new 1st deed of trust securing one note in the amount of $450,000.00 in favor of California Community Reinvestment Corporation on property legally described as: Lot 110 of Unit 4 as shown on the certain map entitled °Units 3 and 4, Tract 929 ", in the County of San Luis Obispo,State of California, according to map recorded September 18, 1984 in Book ll, Page 97 of Maps: which you are authorized.to use in this escrow without collection for my account, as I have received full consideration therefor outside of escrow. -.. STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO. ss. On this 21stday of February in the ear 199 y Q before me Marilyn Perry personally appeared John Dunn_ & i minis rative Officer and rno V known to me i to be o unity_ Development Director of Jonas - TTr�ia + the -C'i t�/ of B. Qan T ii; c and known t0 I me to be the person who executed the within instOb�nt on behalf of said public ' I corporation, agency or political subdivision, and acknowledged to me that the City i I of San Luis executed the same. ' I I I OFFICIAL SEAL j MA91LYN PERRY ' v (SEAL) Notary ?ublic -! coin rnia � Prirdp.:i C'iice in 1 Notary Pu _ is , San Luis Obispo counp' j bfy Comm. Eapiw3 on Aug. 19, 1991 I -�� ���" -------------------------- --- --- - -- -- ----------- Borrower: Edna -Islay Housing Associates Loan No.: 89.00001 ESTOPPEL CERTIFICATE REGARDING HOUSING AND COMMUNITY DEVELOPMENT AGREEMENT The undersigned ( "City") hereby certifies and represents in favor of California Community.Reinvestment. Corporation, a California nonprofit public.benefitcorporation ( "Lender ") as follows:. 1. City has entered into a Housing and Community Development Agreement dated May 18, 1988, which was recorded on June 29, 1988 in San Luis Obispo County Official Records as Document No. 35349 ( "Regulatory Agreement ") with Edna -Islay Housing Corporation, a. California nonprofit public b6nefit corporation ("EIHC''), with respect to the development of a 20 unit low- income housing project.known as Poinsettia Street Apartments, situated on land in the City and County of San Luis Obispo, California, more particularly described in Exhibit A, attached hereto. EIHC has assigned its rights and obligations under the Regulatory Agreement to Edna -Islay Housing Associates, a California limited partnership ( "EIHA"); 2. The Regulatory Agreement is in full force and effect and has not been modified or amended in any respect; 3. City hereby consents to (a) EIHC's assignment of its interest in the Regulatory Agreement to EIHA, and (b) EIHA's assignment of its interest in the Regulatory Agreement to Lender as security for a loan to be made by Lender to EIHA. 4. As of this date, to City's knowledge, none of City, EIHC, or EIHA is in default under the Regulatory Agreement. 5. As of this date, City has not given any notice of any default by EIHC or EIHA under the Regulatory Agreement. 6. City agrees that prior to amending, modifying or cancelling the Regulatory Agreement, City shall give Lender written notice of its intent to do so, at least thirty (30) days prior to the date such event of amendment, modification or termination is to take effect. City 'further agrees that Lender shall be entitled to receive a copy of any notice of default of EIHA given by City under. the Regulatory Agreement contemporaneously with EIHA's receipt of the same, and that Lender shall have the right to cure any defaults of Owner for G: \PB \RAC \00000016.RAC 01/31/90 -2 1• s- . 6Gj 3-c period of thirty (30) days in addition to the periods afforded EIHA under the Regulatory.Agreement for the cure of same. 7. In entering the Regulatory Agreement, City fully complied with all federal, state and local laws applicable thereto, including without limitation, Article XXXIV of the Constitution of the State of California, and California Health & Safety Code Section 37000, et sea., as amended. 8. City acknowledges that Lender's address for purposes of receiving notices to which it is entitled under the Regulatory Agreement or this certificate is as follows: California Community Reinvestment Corporation P.O. Box 106039 Burbank, California 91510 -0639 2800 N. Hollywood Way Burbank, California 91505 Attn: Daniel B. Lopez 9. City acknowledges that Lender is extending credit to EIHA in reliance on matters set forth in this Certificate. Date: ,2,/9/h,0 "city" City of San Luis Obispo, a charter muDle �al-t�grporation By: By: Administrative Community DeW-lopment Officer [All Signatures Must Be Notarized] ------------------ -- - - - - — - - - - - -= - --- - - - - — - - - - - --- STATE OF CALIFORNIA I COUNTY OF SAN LUIS OBISPO. ss. I I On this 21stday of February in the year 1994 before me Marilyn Perry personally appeared John Dunn & i4 A minis r�tive Off ` cer and Arnold known to met to be o unity peve opment Director of the �.; ty f • S�onas T�`'F� 10� s o , and known t o me to person who executed the within instrument on behalf of said public t corporation, agency or political subdivision, and acknowledged to me that the C_i__ty of San Luis executed the same. I I t t t I r OFFICIAL SEAL MA9iL YN PER R Y Notary Public - California (SEAL) Principal Office in Not r ubl San Luis Obispo County (amy Comm. Expires I on Aug. 79, 1991 I I I EXHIBIT "A" LEGAL DESCRIPTION LOT 110 OF UNIT 4 AS SHOWN ON THE CERTAIN MAP ENTITLED "UNITS 3 AND 4, TRACT 929' IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED SEPTEMBER 18, 1984 IN BOOK 11, PAGE 97 OF MAPS. RECORDING REQUESTED BY: California Community Reinvestment Corporation WHEN RECORDED RETURN TO: Robert A. Crooks Brobeck, Phleger & Harrison One Market Plaza Spear Street Tower San Francisco, CA 94105 SUBORDINATION AGREEMENT (Housing and Community Development Agreement to Deed of Trust) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR AGREEMENT AFFECTING THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF A SECURITY INSTRUMENT. THIS AGREEMENT is made this day of3atmun7�- 1990 by EDNA ISLAY Housing Associates, a California limited partnership ( "EIHA "), successor by assignment to Edna Islay Housing Corporation, a California nonprofit public benefit corporation ("EIHC") (collectively, "Borrower "), and.the City of San Luis Obispo, a charter municipal corporation ( "City "), in favor of California Community Reinvestment Corporation, a California nonprofit public benefit corporation ( "Lender ").. R E C I T A L S 1. EIHC and City entered into a Housing and Community Development Agreement dated May 18, 1988, which was recorded in the Official Records of San Luis Obispo County on June 29, 1988 as Document No. 35349 ( "Regulatory Agreement "), affecting the property described on the attached Exhibit A (which property, together with all improvements now or in the future located on the property, is referred to as the "Property "). EIHA has executed, or is about to execute, a Promissory Note secured by Deed of Trust in the sum of Four Hundred Fifty Thousand and no /100 Dollars ($450,000.00) dated of even date herewith in favor of Lender ( "Note ") evidencing a loan ( "Loan ") to EIHA., The Note is to be secured by a Deed of Trust executed by EIHC and EIHA dated of even date herewith encumbering the Property which will be recorded in the Official Records of the County Recorder of San Luis Obispo County, California ( "Deed of Trust "). G: \P8\RAG \00000013_AAC 01/31/90 -4 1 . qxq. C A. As a condition to making the Loan secured by the Deed of Trust, Lender requires that the Deed of Trust be unconditionally and at all times remain a lien or charge upon the Property, prior and superior to all rights of City under the Regulatory Agreement and that City specifically and unconditionally subordinate the Regulatory Agreement to the lien or charge of the Deed of Trust. B. City and Borrower intend that the Deed of Trust shall unconditionally be and remain at all times a lien or charge upon. the Property prior and superior to City's rights under the Regulatory Agreement and to any estate created thereby. City has agreed to specifically and unconditionally subordinate and subject the Regulatory Agreement, and any estate created thereby together with all rights and privileges or City thereunder, to the lien and charge of the Deed of Trust in favor of Lender. C. It is to the mutual benefit of the parties hereto that Lender make the Loan to EIHA; and City is willing that the Deed of Trust securing the Loan shall, when recorded, constitute a lien or charge upon the Property which is unconditionally prior and superior to the Regulatory Agreement and to any estate created thereby. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, it is hereby declared, understood and agreed as follows: 1. The Deed of Trust securing the Note in favor of Lender, and any modifications, renewals or extensions thereof, and any advances (including interest thereon) thereunder or secured thereby, shall unconditionally be and remain at all times a lien or charge on the Property, prior and superior to the Regulatory Agreement, to the estate created thereby, to all loans, grants and advances of money made pursuant thereto, and to all rights and privileges of City thereunder, and said Regulatory Agreement and the estate created thereby, and all loans, grants and advances of money made pursuant thereto, together with all rights and privileges of City thereunder, is hereby subjected, and made subordinate, to the lien or charge of the Deed of Trust in favor of Lender. 2. This Agreement shall be the whole and only agreement between the parties hereto with regard to the subordination of the Regulatory Agreement, and the estate created thereby, and all loans, grants and advances of money made pursuant thereto, together with all rights and privileges of City thereunder, to the lien or charge of the Deed of Trust, and shall G: \PB \RAC \00000013.RAC. 01/31/90 -4 2 supersede and cancel any prior agreements to subordinate the Regulatory Agreement to the Deed of Trust. 3. City declares, agrees, and acknowledges that: a. It consents to and approves (i) all provisions of the Note and Deed of Trust in favor of Lender, (ii) all agreements, including but not limited to any loan agreement or other loan or escrow agreements between Borrower and Lender for the disbursement of the proceeds of Lender's .Loan, and City acknowledges receipt of a copy thereof, and all modifications, alterations and amendments of the Note and Deed of Trust in favor of Lender and all loan and other agreements between Borrower an Lender above referred to; and b. Lender in making disbursements pursuant to any such agreement is under no obligation or duty to; nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds, and any application or use of such proceeds for Purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; and C. It intentionally and unconditionally waives, relinquishes, subjects and subordinates the Regulatory Agreement, and the estate created thereby, and all loans, grants, and advances of money pursuant thereto, together with all rights and privileges of City thereunder, in favor of the lien or charge upon the Property of the Deed of Trust and understands that in reliance upon, and in consideration of, this waiver, relinquishment, subjection, and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment, subjection and subordination. d. city agrees that the provisions of Section III.J. of the Regulatory Agreement do not and shall not apply to (i) the Lender, (ii) any of Lender's successors or assigns, or (iii) any persons acquiring title to the Property through Lender of its successors or assigns by foreclosure sale or otherwise. G:\P8\RAC \00000013.RAC 01/31/90-4 3 . NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR AGREEMENT AFFECTING THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF A SECURITY INSTRUMENT. CITY OF SAN LUIS OBISPO, a charter m pa rporation Jl _ _ d Ci Administrative 0 r. c\ By: ~'- - community Officer EDNA ISLAY HOUSING ASSOCIATES, a California limited partnership y By: Edna Islay Housing Corporation, a California nonprofit public benefit corporation By: - Names STEPHEN R. ELSON Title: President — [All Signatures Must. Be Notarized] G: \P8\RAC \00000013.RAC 4 01/31/90 -4 o, - NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR AGREEMENT AFFECTING THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF A SECURITY INSTRUMENT. CITY OF SAN LUIS OBISPO, a charter m ,a rporation ., CIL a �.. STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO. ss. On this 21stday of February , in the year 199Q before me Marilyn Perry personally appeared John Dunn & known to me it finis ra five Of and rno Jonas to be �o0 unity pevelopment Director of �Q C *t -�. nf�gan'r,,; and known to me to be thhe person who executed the within instrum nt on behalf of said public corporation, agency or political subdivision, and acknowledged to me that the City of San Luis executed the same. OFFICIAL SEAL "' I �a °•. PAAR Y�i PERRY $F.A,> r.;.. ,ug2l;�r,„=.�}I &Vary Publlr _ Caf!ornia. i {' Principal ONi a in Notary Public SanLusr-rolspoCounty I ry Comm. Expires on Aug. 19, 1997 STATE OF CAUFppRNIA ;ss. CGUNTYOF___ -Jdfl LU1s Obi spo_._____ On _F64. _14,.1990 before me, the undersigned, a Notary Public in and for said State, personally appeared__ STEPHEN—R. NELSON BARBARA BIOSSAT --- - - - - -- - - - - -- — _______, personally known tome (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as.__. ----- .._— ______ -__ __ XXX _President and XXX .Secretary, on behalf EDNA_ISLAY_HQUSI -NG C-ORPORAIION___, the corporation therein named, and acknowledged tome that said corporation executed the within instrument pursuant to its by- laws or a resolution of its board of directors, said corporation being . known to me to be one of the partners of ~� YM HERRERA Q EDNA-ISLAY_.HOUSING ASSOCIATES NOTARY PUBLIC the partnership that executed the within instrument, and ack- SAN LUIS OBISFOCOUNTY nowledged to me at such corporation executed the same as CALIFORNIA such partner d t such pa ership executed. the same. My Commission Expires on Feb. 28, 1901 WITNESS my an Yea seal. Signature _ (This area for official notarial seal) Y M my notary expires on: 02/26/91 01/31/90 -6 1 . I I li l I I EXHIBIT "A" LEGAL DESCRIPTION LOT 110 OF UNIT 4 AS SHOWN ON THE CERTAIN MAP ENTITLED "UNITS 3 AND 4, TRACT 929', IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED SEPTEMBER 18, 1984 IN BOOK 11, PAGE 97 OF MAPS. p- , RESOLUTION NO. 6757 (1990 SERIES) .A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBI_ SP_ O AMENDING THE LAND USE MAP OF THE GENERAL PLAN FROM OFFICE TO PUBLIC FACILITY FORA CITY -OWNED PARCEL LOCATED AT 1010 NIPOMO STREET (GP /R 1461) WHEREAS, the Planning Commission conducted a public hearing on General Plan Amendment GP /R 1461, on January 10, 1990, and recommended the council approve the application; and 1990; and WHEREAS, the council conducted a public' hearing on February 6, WHEREAS, the council has considered the testimony of interested parties, and the records of Planning Commission hearing and its recommendation, and the evaluation and recommendation of staff; and WHEREAS; the proposed amendment to the General Plan will not be detrimental to the health, safety or welfare of persons living or working in the vicinity; and WHEREAS, the proposed amendment to the Land Use Map is consistent with the policies of the various General Plan elements; and WHEREAS, the proposed land use designation is appropriate at that- , and will be compatible with surrounding land uses. NOW, THEREFORE, the council resolves to approve General Plan Amendment GP /R 1461, changing the. General. Plan Land Use Map designation from Office to Public Facility for a city -owned parcel located at 1010 Niponio Street, as shown on attached Exhibit "A" and incorporated herein by reference. 6757 Resolution No. 6757 (1990 Series) GP/R 1461 Page 8 On motion of Councilwoman Rappa seconded by _ Councilwoman Pinard , and on the following roll call vote: AYES: councilmembers Rappa, P.inard, Reiss, Roalman and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of February 1990. ATTEST: Q®r_ City C*rk Pam ges APPROVED: City A strati a Officer r on unin G RESOLUTION NO. EXHIBIT A .$L. 0 z i -. O D 9 fNL W= H i (1990'SERIES) Q u to o Ofpx ¢ R 1461 tih o y 2b pUB J i� Oy y /L a 1 ' . Rd or s� V-1 /G°"'4 �PF -., I P ii ,8 y,y v0 ti IL w' '•-' to 4Y '�� \� V G ' ti RESOLUTION NO. 6756 (1990 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION DENYING A REQUEST FOR. A HEIGHT EXCEPTION TO ALLOW A 6 -FOOT HIGH FENCE WHERE A 4.5 FOOT HIGH FENCE IS ALLOWED AT 283 CHORRO STREET WHEREAS, the Administrative Hearing Officer conducted a public hearing on Use Permit Application A 149 -89 November 17, 1989 and denied the Application; and WHEREAS, the decision of the Hearing Officer was appealed to the Planning Commission which conducted a public hearing on December 13, 1989, and denied the appeal; and action; WHEREAS, applicant has filed an appeal of the Planning Commission's WHEREAS, the council has considered the testimony and statements of the applicant and other interested parties, and the records of the Administrative and Planning Commission hearings and actions, and the evaluations and recommendation of staff, NOW, THEREFORE; the council resolves to deny the appeal and affirm the action of the Planning Commission, thereby .denying Application No. A149- 89 based on the following findings: 1. The proposed fence height exception will adversely affect the health, safety, and welfare of persons living or worldng at the site or in the vicinity. 2. The proposed fence height exception is not appropriate at the proposed location and will not be: compatible with surrounding development. Councilwoman Rappa Councilman On motion of ,seconded by . Roalman and on the following roll call vote: 6756 Resolution No. 6756 Use Permit A 149 -89 Page 2 (1990 Series) AYES: Councihmbers Rappa, Roalman, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of February 1990. ATTEST: i City Oerk Pam V es APPROVED: City Administrative Offi r Community ,ctor V or Ron Dunin - �. * n �� V .\ ,� '.vi 4 � .� r _ a\ � � n`. 1 RESOLUTION NO. 6755 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT MAP FROM LOW - DENSITY RESIDENTIAL TO PUBLIC - FACILITY FOR PROPERTY AT 1575 BISHOP STREET, SOUTH OF GENERAL HOSPITAL (GP /R 1422) WHEREAS, the Planning Commission and City Council have held hearings to consider amendment to the general plan Land Use Element map in compliance with the Government Code; and WHEREAS, the amendment has been evaluated in accordance with the California Environmental Quality Act and the city's Environmental Impact Procedures and Guidelines and the request to change the Land Use Element map to Public Facility for property at 1575 Bishop Street poses no adverse impacts on the environment and has been granted a negative declaration by the Community Development Director; and WHEREAS, the amendment is appropriate at the proposed location and will be compatible with surrounding land uses; and WHEREAS, the proposed amendment is consistent with the city's general plan; . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The determinations of the Community Development Director concerning environmental documents are hereby affirmed. SECTION 2. The Land Use Element map is hereby amended as shown on the attached exhibit. SECTION 3. The Community Development Director shall cause 6755 Resolution No. 6755 .(1990 Series) GP /R 1422 Page 2 changes to be made in publications and maps which are available to the public and displays in City Hall. SECTION 4. This action shall take effect thirty (30) days from the date of adoption of this resolution. Councilman Councilwoman On motion of - Reiss seconded by Pinard and on the following roll call vote: AYES: Councilmembers Reiss, Pinard .and, MaYQr Dunim NOES: Councilmembers Rappa and Roalman ABSENT: None the foregoing resolution as passed and adopted this 6th 1990. 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I V• , lT jrr•ii N 'Q . � � �J RESOLUTION NO. 6754 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE HEARING OFFICER'S ACTION DENYING A MINOR SUBDIVISION AT 1778 ALRITA STREET (MS 89 -39). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this council, after consideration of public testimony, the minor subdivision request MS 89 -39, the Hearing Officer's action, staff recommendations and reports thereon, hereby upholds Earl Murie's appeal of the Hearing Officer's denial of the minor subdivision, and approves Tentative Parcel Map MS 89 -39 subject to the findings and conditions listed below: Findines: 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 and C /OS -40 zones. 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 proposed deep lot subdivision and common driveway are appropriate and meet the intent of Subdivision Regulations, and installation of a standard street would not be feasible due to topographical conditions and existing subdivision design. 6. The Community Development Director has determined that the proposed tentative map will not have a significant effect on the environment and has granted a. mitigated negative declaration of environmental impact based on the following' mitigation measures being incorporated into the project:. a. The subdivider shall follow the soils and geological engineer's recommendation in layout, design and construction on the new lot. b. At 12 months after occupancy of the new house, the subdivider shall submit 6754 0 0 Resolution No. 675(1990 Series) Page 2 a monitoring report, prepared by a qualified professional, .which documents the project's compliance with engineering recommendations and evaluates the effectiveness of the recommendations in: minimizing grading and topographic disturbance, reducing erosion, and preventing drainage impacts to adjacent properties. C. The proposed house site, Parcel 2, shall be considered - a sensitive site and shall require architectural review prior to', building permit issuance. At such review, special attention shall be given to privacy screening, landscaping and erosion control, and building colors. d. The Community Development Director may, at any time, modify, add or delete mitigation measures as needed if the above mitigation measures are determined to be ineffective or physically infeasible. Such changes, shall be limited to measures which would meet the intent of the original mitigation. Conditions: 1. The subdivider shall submit a final map to the City for review, approval and recordation. 2. Final map shall note that parcel 2 is a sensitive site and any development proposed shall require architectural review and approval. 3. The subdivider shall submit a common driveway agreement to the city for approval and recordation. Final map shall show an easement for the common driveway. 4. The subdivider shall provide drainage facilities 1 to carry storm water to a suitable disposal point, to the approval of the City Engineer. 5. The subdivider shall submit a landscape plan showing erosion control using drought tolerant plant materials. 6. The subdivider shall dedicate to the city an open space easement over the C /OS -40 zoned portion of the site, to the approval of the Community Development. Director.. 7: The subdivider shall install a dry standpipe and driveway turnaround for fire protection, to the approval of the city Fire Marshal. 8. The existing water resource deficiency shall be mitigated by either: A. Prior to final map approval, the city shall have approved construction plans and specifications and funding for water supply improvements in the Alrita Street neighborhood,. and prior to building permit issuance; said utility improvements shall be completed and functioning, to the approval of the Utilities Engineer; or B. Providing an on -site fire protection system, to the approval of the Utilities Engineer and the Fire Marshall. All water facilities, including water storage tank, water pump and supply lines shall be undergrounded or otherwise screened from view with suitable landscaping, to the approval of the Architectural Review Commission. I n Resolution No. 6754(1990 Series) Page 3 9. No building permit shall be issued for development on this site until condition 8 is met, to the approval of the Community Development Director. 10. The subdivider shall submit a waiver of right to protest participation in an assessment district or other equitable fee program, to improve the Alrita Water Supply System, to the approval of the Utilities Engineer. 11. Subdivider shall install an NFPA_ 13 -D fire sprinkler system to serve new construction, to the approval of the Fire Marshall. 12: Subdivider shall install a private fire hydrant within 300 feet of the proposed house site, to the approval of the Fire Marshall and the Utilities Engineer. 11 Subdivider shall allow the Fire Department to use the private fire hydrant and onsite water storage facilities to fight a fire 'in either of the two homes in this subdivision, in neighboring houses, or for protection against wildland fires, by written agreement with the City. 14. Easements shall be provided to accommodate drainage and utilities, to the satisfaction of the City Engineer. 15. Subdivider shall pay water acreage charges for parcel 2 prior to recordation of final parcel map. Fees shall be. as determined by the City Engineer. 16. The subdivider shall grant a perpetual easement to the City to allow installation and maintenance of a water supply main from the subdivider's on -site water storage facilities to a public fire hydrant to be installed by the City on La Cita Court, near the subject property. The easement shall be recorded, to the approval of the Utilities Director. On motion of Mayor _Dunin ,seconded by Co ,n i iman R l , and on the following roll call vote: AYES: Mayor Dunin, Councilmembers Reiss and Pinard• NOES: Councilmembers Rappa and Roalman ABSENT: None the foregoing resolution was passed and adopted this 6th day of February 1990. r __. OR RON7 DUt1IiJ - ATTES - l./ CITY FLERK`PAM V G S t Resolution N0.67-54 1990 ,1,:Series) Page A APPROVED: C ty WOmiftistirativeAfficer Fire Chief RESOLUTION NO. -6753 (1990 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL ENDORSING APPLICATION FOR AN URBAN STREAM RESTORATION GRANT AND DETERMINING_APPROPRIATE ENVIRONMENTAL IMPACT DOCUMENT, CONDITIONALLY ACCEPTING GRANT IF OFFERED, AND DESIGNATING CONTRACT MANAGER AND FISCAL AGENT WHEREAS, the California Department of Water Resources, Division of Local Assistance, Urban Stream Restoration Program has announced the availability of funds for grants; and WHEREAS, said grants are intended to help solve flooding and erosion problems in a way that provides environmental enhancement; and WHEREAS, the San Luis Obispo Land Conservancy has.proposed to CO- sponsor a grant application with the City of San Luis Obispo;. and WHEREAS, we have concluded the project proposed -for funding with the grant funds would be environmentally - beneficial and categorically- exempt from requirements for environmental document preparation under one or all of the following exemptions: Class 1,2,4,6,7, or 8; and WHEREAS, we consider the prospects of receiving such a grant to be reasonably likely. NOW THEREFORE, BE IT RESOLVED we the Council of the City of San Luis Obispo approve the joint application with the San Luis Obispo Land Conservancy for an Urban Stream Restoration Program grant. 6753 C) Resolution No. 6753 (1990 Series) ri If offered such a grant, we authorize John B. Ashbaugh to accept the grant, develop a work plan for the project, and sign any contract for administration of the grant funds and designate John B. Ashbaugh to submit invoices to the Department of Water Resources for activities carried out under the work plan for the grant contract. On motion of Councilman Roalman and on the following roll call vote: , seconded by Councilwoman_Pinard AYES: Councilmembers Roalman, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of February; 1990. -.40000 N ATTEST,:` CItY :CLERK PAMEqk VOGES ty Aclbinist,rative Off Community Devi? opment Director Public Works Director reslnd /dfr #19 0 lip I r� } w .1 �r ��lllllp�piA���lli city or San tins OBIspo Eft COUNCIL AGENDA REPORT MEETING DATE: ITEM NU.Ml3 FROM: ^ - -- David F. Romero — Wayn.,- �r��II« Prepared by: Barbara Lynch Public Works Director City Engineer Engineering Assistant /Traffic SUBJECT: Traffic Work Orders for the Period of October 1, 1989 through December 31, 1989. CAO RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of October 1, 1989 through December 31, 1989.. BACKGROUND: The City Engineer has; over the past three months, issued work orders making changes to improve safety and operation of the street system and parking facilities. One quarter of the work orders were for requests for changes or additions of signing, about half from staff and half from the public. One third were requests, mostly from the public, for red curbing. One fifth were parking related, and the remaining were requests regarding signals, lighting and transit. It has been Council's policy in the past to accept this report on a quarterly basis. This report satisfies this past policy. FISCAL IMPACT: Minor implementation costs associated with street maintenance. RECOMMENDATTON: Pass resolution approving Traffic Work Orders for the period of October 1, 1989 through December 31, 1989. Completed Traffic Work Orders (October 1, 1989 through December 31, 1989) Available in the Council Office for Review wpl.forms /wrkord by C-3 -/ RESOLUTION NO.67541990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ATTACHED 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 October 1, 1989 through December 31, 1989 are hereby approved. Councilman Councilwoman On motion of Roalman , seconded by Pinard , and on the following roll call vote: AYES: Councilmembers Roalman, Pinard, Rappa and Reiss NOES: Mayor Dunin ABSENT: None the foregoing Resolution was passed and adopted this 6th day of February ; 1990. N D11NIN ATTE CITY CLERK PAM OGES wpl.forms /wrkord by 6752 p ��J �� v - .`i �rF fig RESOLUTION NO. 6751 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE PARCEL MAP NO. MS 89 -31.7 LOCATED AT 2858 JOHNSON AVENUE 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 Parcel Map No. MS 89 -317 and the Hearing Officer's recommendations, staff recommendations, and reports thereof makes the following findings: 1. The design of the subdivision is 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 subdivision is 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 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. That the approval of the tentative map for Parcel Map No. MS 89 =317 be subject to the following conditions: 1. The subdivider shall submit a common driveway agreement to the Community Development Department staff for approval and recordation, consistent with the criteria contained in the city's parking and driveway standards. The precise location of the common driveway shall be accurately depicted on the final map. The utility and access easement accommodating the common driveway shall continue onto Lot 2 to the approval of the Community Development Department staff. 2. The paved portion of the proposed utility and access easement shall be a minimum of 20 feet. 3. The driveway leading to the existing garage on Lot 1 shall either be painted a different color than the common driveway, or signage shall be installed, to discourage vehicles parking in front of the garage from encroaching onto the common driveway and blocking it. 6151 Resolution No. 6751 (1990 Series) Parcel Map MS 89 -317 Page 2 4. The final map shall show necessary drainage and utility easements on Lot 2 to the approval of the City Engineer. 5. The proposed water service for Lot 2 shall be accommodated in the access and utility easement in the driveway so that it does not cross Lot 1 without a utility easement. 6. Structures constructed on Lot 2 shall be equipped with automatic fire sprinkler systems. 7. Lot '2 shall be addressed as assigned by the Community Development Department. Addresses for both Lots 1 and 2 shall be posted near the street frontage to the approval of the Community Development Department. S. Final map shall note that Lot 2 is determined to be a sensitive site and that any new development on the lot.shall require city architectural . review and approval.prior to the issuance of building permits, with direction to the Architectural.Review Commission to review sightlines with respect to overlook potential on the adjoining properties on Flora Street. 9. Final map shall note that new construction on Lot 2 shall be set back a minimum of a 20 feet from the north property line to address potential overlook concerns. Code Requirement: 1. The subdivider shall pay water acreage fees as determined by the City, Engineer and park -in -lieu fees as determined by the Community Development Department prior to final map approval. SECTION 3. Exceptions. That the requested exceptions to Sections 16.36.230 D. & E. of the Subdivision Regulations be approved along with the tentative map for Parcel Map MS 89- 317 as follows: 1. That the property to be divided is of such size or shape, or is affected by such topographic conditions, that is impossible, impractical or undesirable, in the particular case, to conform to the strict application of the regulations codified in this title (Title 16, Subdivisions, of the SLO Municipal Code); and Resolution No. 6751 (1990 Series) Parcel Map MS 89 -317 Page 3 2. That the cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification; and 3. That the modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity; and 4. That granting the modification is in- accord with the intent and purposes of these regulations, and is consistent with the general plan and with all applicable specific plans or other plans of the city. On motion of Councilman Reisss Mayor _ - - -- , seconded by Dunin and on the following roll call vote: AYES: Councilman Reiss, Mayor Dunin, and Councilwoman Pinard NOES'_ .Councilmembers Rappa and Roalman ABSENT: None the foregoing resolution was passed and adopted this - 16th day of - January. -, 1990. ow% %yo -r oR n 6unin ATTEST: U City C rk Pam Vo s .APPROVED: ty .Adm nistrati"ve Officer C'_y for y Community Development Director r 0 R -1 -PD KM1 hflff7 R— 0 *"I � VICINITY MAP U �) 2858 JOHNSON AVE. MS 89 -317 C J6 @ 63. • rL1n ? `l O \ \ /� o, .J •. ttva.v. � O r N O 0 SIT if /� .w I ) �or9 O' •/ C O ' r - O r�� 2 r 2 Oa s °rs T a O 2 !r O O e / Zc Oha( ie goy: I < 4t �I a III e �w p' , lit i% -M is a _ lit LA kk `I "oR Z ;oz a 4z; o n $2fi b i t tit s � '3 rap r f^ i t J rt 5 ; l E a� tiA :p: It -Ri �a y o• OP11 11 t�;.�� g3 a Re let I R ,.t L� �. �� . J, l� � U RESOLUTION NO. 6150 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP_O GRANTING APPROVAL OF TENTATIVE TRACT NO. 1848 LOCATED AT 2995 MCMILLAN AVENUE 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 1848 and the Planning Commission's recommendations, staff recommendations, and reports thereof 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 the M 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 mitigated negative declaration. 6. The City of San Luis Obispo has identified through its Circulation Element studies that deficiencies exist on an adjacent, major arterial street (Orcutt Road) which may, in the future, require an assessment district to finance necessary improvements. SECTION 2. Conditions. The approval of the tentative map for Tract 1848 be subject to the following conditions: 1. Subdivider shall submit a final..map to the city for review, approval and recordationc 2. Subdivider shall provide individual water services for each unit. Meters be located near property frontage to the approval of 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 structures, for underground public utilities serving the site, to the approval of the City Engineer and affected utility companies. l Resolution No. 6750 (1989 Series) Tract 1848 Page 2 5. Subdivider shall prepare covenants, conditions, and restrictions (CC &R's) to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions: a. Property owners association 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, and trash /waste pick -up and'disposal. b. Grant to the City of San Luis Obispo the right to maintain common areas if property owners association fails to do .so and to assess said association said association for expenses incurred. C. All parking spaces provided in the project shall be available for use by all of the individual owners. d. There shall be.no change in city - required provisions of the CC &R's without prior approval of the Community Development Department and City Attorney. e. Participation in _a trip reduction program to the approval of the Community Development Director. 6. Parking shall.be provided at a rate of no less than one -space per 300 square feet. On motion of Councilwoman Rama , seconded by' Councilman Reiss and on the following roll call vote: AYES: Councilmembers Rappa, Reiss, Pinard, Roalman, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 16th day of January , 1990.. Mayor Bon Dunin - ATTEST• -City C1 rk Pam Vo qs n • • Resolution No. 6750 (1989 Series) Tract 1848 Page 3 i13i ii]+I3i01n City A inistrative Officer tt� ,neey �Z Community Development Director \\ y \\ /> or / M. j r '�� ,,':• Otis •, ]tj�c1 iii S MORRISON • y.-� . it •'= �'- � �t� j� iii 3 ;� �:: �►_�,;�;. z s� i �• Ll, ), �0 .r•P 0 i t7A �C...3 � Mme 9 • 1 4fo,VLf Q *t 3i83 Z J - ° }�- Q Ea �Y O ORCUTT ROAD w. 1 Y M' TRACT 1848 A:KLLO rA s � . a ' N� wv 11 wY �` Zvi ui• to .1 0 1� Eli •, -� � - -- _ usr. aos oo' s � r— � — ----- - - - - -- — ___ r , � 11 I � � •�° � � dCD �` `�•g. y� Hy�'�% g�` �� 4��y`' iV Vi\ Ni S Ill t �• oa ewer sos oo' 0 �I ' N� wv 11 wY �` Zvi ui• r— � — ----- - - - - -- — ___ r , � 11 I � � •�° � � dCD �` `�•g. y� Hy�'�% g�` �� 4��y`' iV Vi\ Ni S Ill t �• oa ewer sos oo' 0 �I V _• �a IP G c a � N m�� c� � _ �` �. �. RESOLUTION NO. 6749 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1846 LOCATED AT 2930 MCMILLAN AVENUE 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 1846 and the Planning Commission's recommendations, staff recommendations, and reports thereof makes the following findings: 1. The design of the subdivision is consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in the M zone. 3. The design of the subdivision is 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 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. 6. The City of.San Luis Obispo has identified through its Circulation Element studies that deficiencies exist on an adjacent, major arterial street (Orcutt Road) which may, in the future, require an assessment district to finance necessary improvements. SECTION 2. Conditions. The approval of the tentative map for Tract 1846 be subject to the following conditions: 1. Subdivider shall submit a final map to the city for review, approval and recordation. 2. Subdivider shall provide individual water services for each unit. Meters shall be clustered, at the back of the sidewalk at property frontage to the approval of 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 structures, for underground public utilities serving the site, to the approval of the City Engineer and affected utility companies. 6749 Resolution No. Tract 1846 Page 2 6749 (1989 Series) S. Subdivider shall prepare covenants, Conditions, and Restrictions (CC &R's) to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions: a. Property owners association 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, and trash /waste pick, -up and disposal. b. Rights shall be granted to the city to maintain common areas if 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. d. No change in city regulated provisions of the CC &R's shall be allowed without prior approval of the Community Development Director and City Attorney. 6. The applicant shall remove the existing storage tank at the rear of the site to an approved disposal site. On motion of Councilwoman RaDDa , seconded by Councilwoman Pinard , and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, Reiss, Roalman, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 16th day of January , 1990. e —moo Mayor Ron Dunin ATTEST: Qev... Un City C erk Pam Vo Resolution No. 6749 (1989 Series) Tract 1846 . Page 3 APPROVED: City A inistrative Officer it t ney -- -- Community Development Director k� i r m O 3 4O f 2 < ,) VICINITY MAP �) TRACT 1846 2930 McMILLAN 3 ° MORR150td 5T A{i-D1 w Y Y c 1O1 a y `jY8• ° A °aY F Dn Z WO u_ e O -- w '•.IW w<RUR _ MYM WM Q � - �o MKw1..E ' wn L.oO Al LJ wuro ../.•X »<If( 04wS+ } Mu' VI)01 MI•N • wan so.o .a f> -u. - " 5 a e t wacv<a.ws m . p parTw. p �. w n•y. R :e•. a.w O �w.uoar.r >c.se� � /y . p InbiK ^ K� - 1 1 a g4JViKw.nIMO. •K a. -µ \ni nt ••-» nu. -•• ..•.. .111r0B �� -•> c Ira^ w w aY ..w.l•{'i. <un +e+t •.�. •.c n -.. w .npss -•...a .K N•1 •wl •' a -.1 O -aq ° ^"+ nt i• . e. r w •� ORGUTT ROAD nL, 1 w Y Y c 1O1 .G[r fOJICR F yl9�Y u_ e O w �o MKw1..E ' wn L.oO Al LJ wuro ../.•X »<If( 04wS+ } Mu' VI)01 MI•N • wan so.o .a f> -u. - " 5 a e t wacv<a.ws m . p parTw. p �. w n•y. R :e•. a.w O �w.uoar.r >c.se� � /y . p InbiK ^ K� - 1 1 a g4JViKw.nIMO. •K a. -µ \ni nt ••-» nu. -•• ..•.. .111r0B �� -•> c Ira^ w w aY ..w.l•{'i. <un +e+t •.�. •.c n -.. w .npss -•...a .K N•1 •wl •' a -.1 O -aq ° ^"+ nt i• . e. r w •� ORGUTT ROAD nL, 1 ,p� "� C� �, RESOLUTION NO. 6748 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PURCHASE OF PORTABLE RESTROOM FACILITIES WHEREAS, the City Capital Improvement Plan for FY 1.988 -89 includes a project to enlarge the restroom facilities in the Mission Plaza; and WHEREAS, the City has determined that trailer mounted portable restroom facilities would provide the additional restrooms needed for special events in the Mission Plaza and could also be used for special events at other locations; and WHEREAS, the City has prepared Specifications Number CY 90001 for the purchase of Trailer Mounted Portable Restroom Facilities; and WHEREAS, the estimate without contingencies is $35,000: NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Specifications are approved for Trailer Mounted Portable Restroom Facilities. SECTION 2. Staff is authorized to advertise for bids. SECTION 3. The City Administrative Officer is authorized to award a contract if the low bid is less than the estimate of $35,000. SECTION 4. The City Clerk shall furnish a copy of this resolution to the Director of the Public Works and Finance Departments. 6748 ?Polk i Resolution No. 6748(1990 Series) Page Two On motion of Councilwoman Rappa , seconded by Mayor Dunin and of the following roll call vote: AYES: Councilmember Rappa, Mayor Dunin, Councilmember Reiss NOES: Councilmembers Pinard and Roalman ABSENT: None The foregoing Resolution was passed and adopted this lAth day of January , 1990. ATTEST: ( , .. V CITY C RK PAM VO S APPROVED: City A4ministrative Officer Finance Director Project Manager g:portrrre.wp Public Works Director (* W,p AGREEMENT NO. 08- 90 -CCN THIS AGREEMENT is made and entered into in the City of San Luis 11th day of April , 1990, by and between the CITY OF SAN municipal corporation, hereinafter referred to as CITY,,and the Bakersfield hereinafter referred tows SUPPLIER. WITNESSETH Obispo on this LUIS OBISPO, a 14,1I Services - WHEREAS, on February 22, 1990 , CITY invited proposals for the procurement of Trailer Mounted Portable Restrooms per Specification No. CY 90001. WHEREAS, pursuant to said invitation, SUPPLIER submitted a proposal which was accepted by CITY for said equipment NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance of said equipment. 2. INCORPORATION BY REFERENCE. The Notice Inviting Proposals, the General Proposal Terms and Conditions, the Special Proposal Terms and Conditions, Proposal Submission Form(s), and the Proposal Specifications, are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For furnishing equipment as specified in this Agreement, City will pay and Supplier shall receive therefor compensation in a total sum not to exceed $ 36,922.87 Payment to the Supplier shall be made within 30 days after receipt of an original invoice from the Supplier and acceptance of the equipment by City. 4. SUPPLIER'S OBLIGATIONS. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by CITY. SUPPLIER agrees with CITY to furnish the equipment and to do everything required by this Agreement and the said specifications. Without limiting the generality of the foregoing, SUPPLIER warrants on behalf of itself and all subcontractors engaged for the performance of this Agreement that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 5. HOLD HARMLESS AND INDEMNIFICATION. SUPPLIER agrees to defend, indemnify, and hold harmless CITY, its officials, officers, employees, representatives, and agents, from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of or in connection with, or relating in any manner to any act or omission of SUPPLIER, its agents, employees, and subcontractors of any tier and employees thereof in connection with the performance or non- performance of this Agreement. The SUPPLIER shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect A A- 08- 90 -CCi: -G ''0 the CITY, its officials, officers, employees, agents,. and representatives, as to any such claims, lawsuits, liabilities, expenses, or damages. 6. AMENDMENTS. Any amendment, modification; or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Director of Finance. r 7. TERMINATION. If during the term of this Agreement, CITY determines that SUPPLIER is not faithfully abiding by any term or condition contained herein, CITY may notify SUPPLIER in writing of such defect or failure to perform; which notice must give SUPPLIER in writing notice of such defect or failure to perform; which notice must give SUPPLIER a 10 -day notice of time thereafter in which: to perform said work or cure the deficiency. If SUPPLIER has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of this Agreement and CITY may terminate this Agreement immediately by written notice to supplier to said effect_ Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligations of SUPPLIER'S surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event. SUPPLIER shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY'S Notice of Termination, minus any offset from such payment representing the CITY'S damages from such breach. CITY reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the CITY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall SUPPLIER be entitled to receive in excess of the compensation quoted in its proposal. 8. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 9. ANTI- DISCRIMINATION. In the performance of the terms of this Agreement, SUPPLIER, agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because.of age., race, Color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. 10. AUDIT. CITY shall have the option of inspecting and /or auditing all records and other written materials used by SUPPLIER in preparing its statements to CITY as condition precedent to any payment to SUPPLIER. F-11 11. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: CITY: City of San Luis Obispo 25 Prado Road San Luis Obispo, CA 93401 SUPPLIER: 1414I SERVICES - BAKERSFIELD 7100 District Blvd. Bakersfield, CA 93313 12. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and SUPPLIER do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have.caused this instrument to be executed the day and year first above written. SUP By: CITY OF SAN LUIS OBISPO, A Municipal Corporation Date: MAYOR RON DUNIN APPROVED AS TO FORM: By. City ne APPROVED AS TO CONTENT: Ry: ' Project Manager ATTEST: U40(.44 CI Y CLERK PAP VOGES RESOLUTION NO.'6 ­74j7(1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ALTMORIZING FINANCIAL SUPPORT FOR TH - E RESTORATION OF AN HISTORIC HOUSE AT 531 DANA STREET WHEREAS, the City of San Luis Obispo in cooperation with the Bank of America has established a program to provide ovide fina I ncial support to owners of historic residential properties who wish to rehabilitate their properties; and WHEREAS, the City established an application period of September 1, *1989 to October 31;1 1089 for property owners to submit applications for financial support; and WHEREAS, the City Community Development Department has received an application involving a proposal to restore A single family house '' at 531 Dana Street (new foundation); and WHEREAS, the Cultural Heritage Committee (CHQ has reviewed the application for financial support and has recommended that the City Council approve it as submitted and subject to specific conditions of approval. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The following request for city financial support is hereby approved subject to the condition stated below- A. 531 Dana Street, Betty M. Holt, - Applicant. Financial support, for the construction of a new foundation and related improvements to the floor system and exterior siding. Maximum City Support: $16,790 Condition of - Support: The replacement siding at the cripple wall shall match that used on the rest of the residence. .2.. The subject restoration work affecting property at 531 Dana, Street and the request for financial - - assistance Lssistance is consistent with city - adopted Historical Preservation Financial Assistance Guidelines (September 1989) 61747 Page 2: Resolution 6747 (1990 Series) 3. The city's action to support this _, application.- in no way obligates the Bank of America to approve below - market loans for; .this- applicant. On motion of Councilman Roalman ,seconded by Councilwoman Pinard 'and on the following roll call vote: AYES: Councilmembers Roalman, Pinard, Rappa, Reiss and Mayor Dunin NOES None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of ;.Tanuarr7, :990 ..��- Mayor on Dunin ATTEST: Pam oges, City lerk -APPROVED: V \ John Du, City Administrative Officer Randy Rossi, Interim Community Development Director N 4,,;OLUTION NO. 6746 (1990 Series A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING PROPERTY LISTED IN EXHIBIT A AS SURPLUS PROPERTY BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City Council hereby declares that all items of personal property listed in Exhibit A attached and incorporated herein by reference are surplus property. SECTION 2. Disposal of the property shall be made by sale at auction, direct sale to other local government agencies, or as unsalable "junk" in a manner to be determined by the Director of Finance. Councilwoman On motion of Ra-pPa , seconded by Mayor. Dunin and on the fol- lowing roll call vote: AYES: Councilmember Rappa, Mayor Dunin, Councilmembers Reiss and Roalman NOES: Councilmember Pinard ABSENT: None the foregoing Resolution was passed and adopted the Mayor Ron Dunin ATTEST: U Cik Clerk Pam oges APPROVED: City dministrative Officer 16th day of, January;,- 1990: 6746 CITY OF SAN LUIS OBISPO SURPLUS VEHICLE LIST December 19, 1989 EXHIBIT A AGE CITY NO MODEL YEAR DEPARTMENT DESCRIPTION VIN -NO MILES MONTHS REPLACEMENT SCHEDULE 2686 87 - Police Sedan 2114 73,995 36 mo 24 months or 75,000 miles 1667 87 Police Sedan 4589 50,971 39 mo 24 months or 75,000 miles 1787 87 Police Sedan 4623 56,892 28 mo 24 months or 75,000 miles 1987 87 Police Sedan 4752 66,477. 28 mo 24 months or 75,000 miles 2187 87 Police Sedan 4822 68,617 28 mo 24 months or 75,000 miles 1587 87 Police Sedan 4552 65,221 28 mo 24 months or 75,000 miles 2087 87 Police Sedan 5207 51,113 28 mo 24 months or 75,000 miles 2466 87 Police Sedan 2113 37,405 36 mo 24 months or 75,000 miles 1485 85 Police Sedan 4066 66,011 54 mo 24 months or 75,000 miles 1985 85 Police Sedan 4061 90,190 54 mo 24 months or 75,000 miles 2586 87 Police Sedan 2115 39,987 36 mo' 24 months or 75,000 miles 0383 83 Police Scooter 409 11,209 62 mo 48 months or 75,000 miles 2284 83 Police Sedan 9211 53,176 66 mo 48 months or 75,000 miles 0479 79 Recreation Sedan 8676 35,334 127 mo damaged beyond repair 0665 65 Public Works Pickup 3684 93,634 288 mo 60 months or 75,000 miles 0769 69 Utilities Truck 2466 116,838 248 mo 12 years or 100,000 miles 0470 70 Public Works Truck 6633 '108,155 234 mo 12 years or 100,000 miles 0565 64 Public Works Truck 21E5 108,663 300 mo 12 years or 100,000 miles 0156 56 Public Works Tractor 9817 5,800 hes 408 mo 15 years or 4,000 hours 0782 82 Public Works Sedan 9066 104,432 90 mo 48 months or 75,000 miles 1964 83 Admin Sedan 8070• 95,000 66 mo 48 months or 75,000 miles 1380 80 Public Works Sedan 0582 91,869 104 mo 48 months or 75,000 miles 0875 75 Public Works Truck 9991 84,498 172 mo 12 years or 100,000 miles 0376 76 Public Works Truck 0383 33,878 164 mo 12 years or 100,000 miles EXHIBIT A .. � J F �� �-. RESOLUTION NO. 6745 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING STAFF TO ADVERTISE FOR BIDS, .AND AUTHORIZING CAO TO AWARD CONTRACT TO SUCCESSFUL BIDDER WHEREAS, funds for the installation of curb, gutter and sidewalk are included in the 1989 -90 Budget, and WHEREAS, the project is categorically exempt from an EIR, and is not of sensitive or exceptional community interest; NOW THEREFORE BE IT RESOLVED, that the City Council hereby approves the Plans and Specifications for City Plan No. P -07B, "South Street Widening," and "Street Widening Project -- Meadow Street - Funston Ave. "; directs staff to advertise for bids; and authorizes the CAO to award the contract to the low bidder if bids are below the Engineer's Estimate. On motion of Counci Yman Roa2man seconded by Counci&oman Pinand , and on the following roll call vote: AYES: Counci&embet6 Roa&an, Pinand, Rvdzs and Mayon Dun in NOES: Councitwoman Rama ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of JanucftN , 1990. OR RON DUNLN - ATTE P ( 9 V CITY LERK PA OGES 6745 Resolution No. 6745 (1990 Series) Page Two. APPROVED: Public Works Director �Q� Cit Engineer p /p07b -award by �`� �`� �/ � A RESOLUTION N0,6553 *(1988 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING CONTRACT OF EMPLOYMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND DODIE WILLIAMS, BIA ADMINISTRATOR, FOR THE PERIOD JANUARY 1, 1989 THROUGH DECEMBER 31, 1989 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the contract of employment between the City of San Luis Obispo and Dodie Williams as BIA Administrator for the period January 1, 1989 through December 31, 1989., attached hereto as Exhibit ^A" and by this reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute same. On motion of Councilwoman Rappa seconded by Councilwoman Pinard, and on the following roll call vote: AYES: Councilmembers Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 20th day of _December , 1988. YOR:RON DUNIN APPROVED: City dministrative Officer City Uttor y P onnel Direct Finance Director C 0 �.yR RESOLUTION NO. 6744 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF CURB, GUTTER AND SIDEWALKS CONSTRUCTED UNDER THE 1911 ACT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That pursuant to public hearings duly held, the Council hereby determines that it has addressed objections or protests to the costs of construction submitted by the Public Works Director and hereby confirms said costs as submitted as set forth hereafter. SECTION 2. That the hereinafter listed construction costs shall be paid within five (5) day's after the date hereof and any such costs remaining unpaid thereafter shall be turned over to the City Tax Collector to be placed as a lien against the property and collected with the city taxes, and subject to the same penalties and costs'if not paid on the first installment. The property owners, addresses and construction costs are shown on Exhibit "A ". SECTION 3. If the assessment is $1,000 or more, payment may be made in three annual installments at seven percent (7 %) interest subject to all the curative clauses and powers of the 1911 Act., The property owners addresses and construction costs are shown in Exhibit "B ". On motion of Corivrr,ilmnvr RnnImnyi , seconded by Coupe i woman Piviand and on the following roll call vote: , 6744 Resolution No. 6744 ( 1990 Series) AYES: Councitmembeu R6a&an, Pinand, Reizz and Maym.'Dunin NOES: Councilwoman Rapna ABSENT: None the foregoing Resolution was passed and adopted this 91arl day of JanuoAy , . -1990. ATTEST RON DUNIN CITY C PA OGES 1911act /dfr #19 Peter M. Kardel John F. Sachs, et. al c/o Richard Keenan UNPAID AS OF 1/2/90 AT 5:00 PM 1101 Marsh (Santa Rosa side) 693.00 194 Lincoln Avenue 793.33 * Denotes action by Lead Person' ,R/eSppnd by: LJ COLjncil 6cA0 eCity Atty. Ftlerk -odq. w RECEW EL) JAN 2 KO CITY COUNCIL SAN LUIS OBISPO. CA \ So,'ao p.rAs VV ll MEEr —AG AGENDA EXHIBIT .'.'A" DATE , 'i;A*M # Owner Location Amount Louis P. Chrysler 226 Lincoln Avenue $ 793.33 KSBY 467 Hill Street 846.00 John R. & E. Lehman 875 Mountain View 1,493.50 J. C. Kundert 1106 Pacific (Santa Rosa Side) 2,000.00 Clara B: Dalidio 515 N. Broad (Lincoln Ave. Side) 2,205.00 Peter M. Kardel John F. Sachs, et. al c/o Richard Keenan UNPAID AS OF 1/2/90 AT 5:00 PM 1101 Marsh (Santa Rosa side) 693.00 194 Lincoln Avenue 793.33 * Denotes action by Lead Person' ,R/eSppnd by: LJ COLjncil 6cA0 eCity Atty. Ftlerk -odq. w RECEW EL) JAN 2 KO CITY COUNCIL SAN LUIS OBISPO. CA \ So,'ao p.rAs VV ll C Owner James & Margaret Coia EXHIBIT "B" 188 Lincoln Avenue M. M. Mello 777 Lincoln Avenue Brandori & Maureen Jones 2145 Cypress Street Ted Frankel 680 Higuera Street P ' STING AGENDA rE I -)-40 ITEM # Amount $ 1,100.00 1,287.00 1,650.00 4,943.21 Denotes action by Lead Person i Respond by: 5�.Itouncll [e,tAO Ci°ity Atty. Clerk -org. � h} -o►w• pia v�,,' rqr. .1 E JAN 2 1990 CITY COUNCIL. SAN LUIS OSISPO, CA ayw) RESOLUTION NO. 6743 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING FIRST AMENDMENT OF CONTRACT OF EMPLOYMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND DODIE WILLIAMS, BIA ADMINISTRATOR, FOR THE PERIOD JANUARY 1, 1990 THROUGH MARCH 30, 1990 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: That the contract of employment between the City of San Luis Obispo and Dodie Williams as BIA Administrator for the period January 1, 1990 through March 30, 1990, attached hereto as Exhibit "A" and by this reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute the same. On the motion of Counci&oman Rapp a , seconded by Counartwoman P.i:nah.d , and on the following roll call vote: Ayes: Counci.PlYlembe)Lz Rappa, Pinand, Reitz, Roatman and Mayon Dunin Noes: None Absent: None the foregoing Resolution was passed and adopted this 2nd day of 7 vrifntr y � "i:990. _ ATTE CITY LERK PAM AA VOGES APPROVED: O `���� nistrative officer 6743 FIRST AMENDMENT OF CONTRACT OF EMPLOYMENT THIS CONTRACT is entered into this 2nd day of January, 1990, by and between the CITY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, (hereinafter referred to as "City ") and DODIE WILLIAMS, a. contract employee (hereinafter referred to as "Employee "). W I T.N E S S E T H: WHEREAS_, the City entered into a contract of employment with Employee on December 20, 1988, for a period commend!_ng January 1, 1989 through December 31, 1989; and _ WHEREAS, it is in the-best interests of City and Employee to extend the contract for an additional three (3) month period. NOW, THEREFORE, the parties do mutually agree as follows: 1. Paragraph 6 of the contract of employment dated December 20, 1988 between City and Employee is amended to extend the term for an additional three (3) month period commencing on January 1, 1990 and terminating on March.30, 1990, . unless terminated earlier as provided therein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council. 2. All other terms and conditions of that contract of employment between City and Employee dated December 20, 1988 shall remain in full force and effect. IN WITNESS WHEREOF, City and Employee have executed this First Amendment of Contract of Employment on the day and year first hereinabove set forth. CITY OF SAN L S OBISPO / 1/ AY OR RON DUNIN Dodie Williams �j i RESOLUTION NO. 6742 Series) A.RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING EMERGENCY REPAIR OF THE ROCKVIEW LIFT STATION WET WELL WAIVING PURCHASING CONTROL GUIDELINES AND.AUTHORIZE CAO TO APPROVE CONTRACT WHEREAS, the City staff has inspected the Rockview Lift Station Wet Well; WHEREAS, the inspection has determined the wet well in need of immediate repair; WHEREAS, the immediate, need of repair is determined to be an emergency situation and; WHEREAS, the Council may waive the City's Purchasing, Control Guidelines and direct staff to enter into an emergency repair contract. NOW THEREFORE, BE IT RESOLVED the City Council determines that the Rockview Lift Station Wet Well is in an emergency state and they waive the Purchasing Control Guidelines and authorize the City Administrative.Officer to approve a contract for the emergency repair- of,the Rockview Lift Station Wet Well.. On motion of Counc.i:ewoman Rappa , seconded by Coune,i ewoman Pinand, and on the following roll call vote: AYES: CouncU embehl Rappa, PinoAd, Re.c6b, Roatman and Mayon Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 2nd day of Januevc y 1990. ATTE CITY LERK PAM a OGES Ap,wpnu n e-ViYOR RON DUNIN 042 RESOLUTION N0.6741 (.199.0:; Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 7, 1989 WHEREAS, a General Municipal Election was held in the City of San. Luis Obispo on the 7th day of November, 1989, which election was duly held and conducted in the manner provided by the Charter of the City of San Luis Obispo, and as provided by law for the purpose of electing a Mayor and two (2) City Councilmembers; and WHEREAS, under the provisions of City Council Resolution No. 6640 (1989 Series), the Board of Supervisors was authorized to perform the official canvass of the November 7, 1989, General Municipal. Election pursuant to the election laws of the State of California; and WHEREAS, a statement of the results of said election has been duly entered by the City Clerk in the official records of the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. The whole number of votes cast in said election within the City of San Luis Obispo was 11,532. SECTION 2. The names of the persons voted for, the office for which each person was voted for, the number of votes given at each precinct to each person, are shown by the tabulation of votes, marked Exhibit "A" and attached hereto, and by this reference incorporated herein as though fully set forth. 6141 Resolution No. 6741 (1990 Series) Page 2 SECTION 3. RON DUNIN, the candidate having received the highest number of votes cast. at said election for the office of Mayor, is hereby declared elected to such office for the term prescribed by the City Charter. SECTION 4. BILL ROALMAN AND PENNY RAPPA, the two candidates having received the highest number of votes cast at said election for the office of City Councilmember; are and each of them is hereby declared elected to such office for the term prescribed by the City Charter. SECTION 5. The City Clerk is hereby directed to sign and deliver to each of said Ron Dunin, Bill Roalman and Penny Rappa a certificate of election certifying to him /her election of him /her respective office, as hereinbefore set forth. On motion of Coune,i,Pmemben Rappa seconded by Councitmembeh Pinatcd and on the following roll call vote: AYES: Councitmembenu Rappa, Pinand, Rena, Roatman and Mayon Duni:n NOES: None ABSENT: None the foregoing Resolution was passed and adopted this %Nd day of January 1990. RON- DUNIN ATTEST 0�5 CITY -CLERK PAM/ VOGES 1 Resolution No. 6741 (1990--' Series) Page 3 APPROVED: City A inistrative Officer `J r .. C E R T I F I C A T E I, Pamela Voges,.the City Clerk of the City of San Luis Obispo, certify that the following is the final statement of votes cast at the General Municipal Election held in the City of San Luis Obispo, California, on November 7, 1989. 1 - Number of registered voters in city: 26,894 2 - Number of votes cast in city: 11,532 3 - Tabulation of votes by person:. For Mayor Ron Dunin 61148 Allen Settle 51102 For Councilmember Bill Roalman 51268 Pierre Rademaker 4,934 Penny Rappa 51091 Richie Ray Walker 1,518 Brett Cross 846 Gary Kunkel 2,566 David Blaine 831 4 - Tabulation of votes by precinct (Exhibit "A") 5 - Tabulation of votes by person (Exhibit "A") 6 - Tabulation of absentee votes (Exhibit "A") 7 - Tabulation of votes on Measure G (Exhibit "B ") Witness my hand and the seal of the City Clerk of San Luis Obispo this /3 day of , 1989. voges, ci n 9 n H N 7 � v x � rr m r N w O W W N N H cn m J r r W A t0 N r r r r r �o r r r N �O N r r r O r N N N N N D m r r J (71 r r N O o w J N W A r N m O N 0% H r N A O A m N J W r N �o r O A r N H cn N A H it W m N ON r� O � N z ��w m b] O loo na HG 7 H to v r r es O J J r r O i6 tD J � N m §t N J VI W l71 °Ib VO J VI A m §h A J N fn J q J. 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N Ch A J l0 01 A w UI N f r 0 0 0, o m w w to r r A kD A r N J N m m 10 N m w N O A N w r r r D i,j CO a to m cn a O A v 0 N O N A N w VI N J r J' W N OD %p O1 r N J J W O N f ul r A t0 J m w A A N 01 t0 m w Nw A J � Nm N A J m NI �O N N A A (n N Ln O ul N W r r r N J N N m N � A 000% O O 0 O N kO n 9 n H N 7 � v x � rr m r N w O W W N N H cn m J r r W A t0 N r r r r r �o r r r N �O N r r r O r N N N N N D m r r J (71 r r N O o w J N W A r N m O N 0% H r N A O A m N J W r N �o r O A r N H cn N A H it W m N ON r� O � N z ��w m b] O loo na HG 7 H to v r r es O J J r r O i6 tD J � N m §t N J VI W l71 °Ib VO J VI A m §h A J N fn J q J. J J 01 r_ N W J Os J t0 ' In J N m O� NI J o+ �o A m m J o W m J r J O m t0 N J r m N W Cho, m A A J to ao N In m r r N r m O b7 z h7 t r x x H m N H H A M ro _ S� r V [+1 r z x s r co m tD C] x PC tv C' %Q x N H N H H H n ro b Htl r h7 O x t" w K K r m p, '02 x p 7C M fD 'A N 7 O xl H m m O C K o x 7 bf H � 0 v O bco Fw.+w N 0 � b 6 r t�7" 3 y fAX� H. H d �D W W C �3 y a M rrt o r ;o M W ry r K to J O w m A N V N w t0 t0 v ~ N V r r A N W t0 tp N V W N w O Li � A N m N w m O V r N r O r V O O A N a 03 O 0% w W r r m N m to m O W r W ~ m r �--! t0 V O V A O t0 1 jj W W N O r � ' m W O O t0 w F+ V O to w m a m V to O r w w �•, N a w C% V W N m f, ID w A V W 'l0 N l0 V w A A O A W O vi N N r r r �"' r V X O m to m W w O O N In tv N J � A W N m W a C A m N b A w lJ Li N r to N F' a N iv W u 4-J N w u' r r c N Ln%0 W W V a w N O W A A V .m to O w t0 .41t0 A J N A N r N N N N r r r. Wb r A. m w V O N r W O O m a w F+ F+. N r PA tj l0 m tp W W a- w. m O a V a t0 t0 V W N A W to W N A w & w u- w a Li o N V N co A f, W O lJi r N a W r ~ r r m 4h t0 V O V m y. W A r m r 4h to o vii t~il Ll N to O W to W o O N In A A a. w N F. w N tp t0 a a. ,ap N J a (J A W b r W N O t n A N to t+ W r w N r r f+ J m q4 f, to N m r O u r -4 v a A u tD A W m 'P V A r m � N OOW V N w a A. Ln tmp ON Wr r m m a m O to a Ul w H a V V r N N r N a A a a a y C`b W 'tOGI • CO A a m F+ Vi V r7 y t9 F. [C A N r Ootn m In O w N N rOt a m m N Y H a � r co m tD C] x PC tv C' %Q x N H N H H H n ro b Htl r h7 O x ,vim w yO M K M G7 J N O 01 ON O A dP O W W N OD W r N dP y� "Z t0 t0 0 OD 0 dp r tD O tD M M z e tj' M G7 � o x K C H z w Fi Fi y 0 H O H Q to O O M r M 0 H H O z y y z7� �z L9 07 H Mr ny t+ 07 H MH r 0D1 "0 z � O C ;arn M HO zH O m Q K 0 �� n H rA y M H < OY O Y Qn O o y H H D1 H O M 7D L7 W O r N N W J O °Ik r W J r N r W r r ik J A A O N W N t0 01 O r O J H Q A N r N N r r O r co w O O H r J J 01 w 01 r O t0 m N q %D r 0 y N J r J J O J MA r N O r O co O N 9k J w O A r W W O O W to w y N r r to t0 A .P to O 1k r N A r D` A to tD J N 01 ID 01 W O tD N N A N W 01 r t0 r to N A t0 'pe r N N r to 01 O A 'Ik J J D• w J W A O to N In A w p r tp tD J tr 'IR r N r r to A J J J 01 01 O O J (A) co O N J M O J A O r J N 'r N O W J N A W r to 0 w a1 J » r 01 tD W to r N O N r O % r w w N t0 O t0 to J r W J N t0 w N A tD N co CD A .7 to W r W N In r r % r N W r O to 01 (n % J t0 A O r W O r J O t0 o OD z w r r 01 O A O t0 w tD A N J 0 ID W N to r J O• O W r W t0 r N N A tD W �Ie O O N O r O J co 01 'Ik r N J r J J J 01 W?A O A r A O A N In W tD N r W O to W N FN+ J W r co w w r O N tD O tD N w A r r N w N r 9A A r N O co O rn 9h co 01 O N J A W r O A A A W N tD O r J r W tp O O Mm+ r J A N J 01 N O A A J r w N O r r '1k r w N t0 r. t0 t0 01 H �k r O• co r tD O tD M M z e tj' M G7 � o x K C H z w Fi Fi y 0 H O H Q to O O M r M 0 H H O z RESOLUTION NO. r. 6740 (1990 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE SUBMISSION OF AN APPLICATION UNDER THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT WHEREAS, the Legislature of the State of California has enacted the California Beverage. Container Recycling and Litter Reduction Act which provides funds to certain entities for litter Abatement and recycling activities; and WHEREAS, the Division of Recycling has been delegated the responsibility for the administration of the program and setting up necessary procedures governing the submission of proposals by various organizations and local agencies under the program; and WHEREAS, said procedures established by the Division of Recycling require the proposer to certify by resolution local approval to submit an application prior to submission of said application to the state. NOW THEREFORE BE IT RESOLVED, that the City Council: 1. Fully supports all projects within said application; 2. Certifies that the proposed project does not replace previously City budgeted project. on motion of Councitmemben P,appa seconded byCounai&embeh PinaAd and on the following roll call vote: AYES: Counai.2membvLz Rappa, Pinand, Relish, Roaeman and Mayan Duni:n NOES: None ABSENT: None the foregoing Resolution was passed and adopted this, god day of � �y 1990. yor Ron Dunin ATTE City Clerk Pam oges 6740 Rezotution No. 6740 (1990) 1, ^ Page 2 APPROVED: City A inistrative Officer �� ; ` •fir i 1.�� \�I �. \. L/ f ` Vfn� Vry _ ,. �j _` ' f, �..u.�3'. •� RESOLUTION NO. 6739 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY FLOOD CONTROL DISTRICT 9 WHEREAS, the City of San Luis Obispo is a participant in San Luis Obispo County Flood Control District Zone 9; and WHEREAS, the City of San Luis Obispo is eligible for monies,for designated repair and maintenance programs in city creeks. - NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The certain agreement attached hereto and incorporated herein by reference between the City of San Luis Obispo and San Luis Obispo County Flood Control District Zone 9 is hereby approved and the Mayor is authorized to execute the same. 0 On motion of Mayor Dunin %seconded b_y Councilman and on the Reiss following roll call vote: AYES: Mayor Ron Dunin, Counrilmembers Reiss;.;Pinard.and Roalman NOES: Councilmember Rippa ABSENT: None The foregoing Resolution was passed and adopted this 2nd .day of JanuaAy 1990. la XFA YOR RON DUNIN ATTEST: CI CLERK,PAMELA ItS 19 I A r, Resolution No. 6739 (1990 Series) Page Two APPROVED: City Ad •nistrative Of icer City Attorne Fin a Director �2-9�e� Public Works Director treets Manager g:zone9 -re.wp RESOLUTION NO. 6738 (`19.90 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO LITTLE THEATRE FOR LEASE OF A CITY PROPERTY AT 1010 NIPOMO STREET 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 the San Luis Obispo Little Theatre is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: The San Luis Obispo Little Theatre, City Administrator, and Community Development Director. On motion of Councilmember Ranpa seconded by Councit2 ember P-inand and on the following .roll call vote: AYES: Counc.i b-Aembeu Rappa; Pinatd, Reiss, Roa&an and Mayon. Duwi.n NOES None ABSENT' None the foregoing resolution was passed and adopted this 2nd day of JanucyLy, 1990. .1 ATTES Or7AA CITY LERK PAM V ES YOR RON DUNIN_ ✓� 6738 Resolution No Series) Page Two - 67�8 *i-)o APPROVED: CITY MINI I STRATIVE OFFICER AGREEMENT BETWEEN SAN LUIS OBISPO LITTLE THEATRE AND THE CITY OF SAN LUIS OBISPO FOR LEASE OF CITY PROPERTY AT 1010 NIPOMO STREET This agreement entered into this 2 day of January 1990 , by and between the City of San Luis Obispo hereinafter referred to as "City ") and San Luis Obispo Little Theatre, a non - profit California corporation (hereinafter referred to as "SLOLT ").. INTENT WHEREAS, the City is the legal owner of property located at 1010 Nipomo Street, in the City of San Luis Obispo as shown in attached Exhibit "B "; WHEREAS, the City wishes to enhance Mission Plaza activities and the vitality of downtown by encouraging development of live theatre facilities and opportunities for other community events, seminars, meetings and public presentations in the downtown; WHEREAS, the addition of 'a non - profit theatre facility in Mission Plaza is intended to complement ongoing plaza activities And provide a place where historical, cultural and artistic events can be presented for community enjoyment and education; WHEREAS, it is the intent of the City to maximize daytime, evening and. year -round use of the facility. As such, the City expects SLOLT to take every opportunity to keep the facility fully occupied and active and to make the facility available at a cost the encourages such use; WHEREAS, the City represents that the property to be leased is worth at least $325,000 and that the lease rate is proposed to be below market rate and is in the public interest; WHEREAS, the City is willing to lease the subject property to SLOLT and the SLOLT has authority to enter into an agreement for the lease of real property; NOW, THEREFORE be it resolved that the City considers the development of a non - profit community theatre on the proposed property to be of'benefit to the community at large and the parties agree to meet the intent of this agreement according to the following: LEASE TERMS 1. SLOLT agrees to lease the subject property and to develop and operate a facility on the proposed site for the term of the lease, which will serve to meet the intent of this agreement. The City will have no obligation for development and /or operation of the proposed facility. Any costs incurred for development and operation of facility shall be the sole responsibility of SLOLT. tom: 2. . SLOLT will lease the property for forty (40) years beginning with the start of construction and ending forty years later on the anniversary of said date. 3. SLOLT will reserve the first right to negotiate an additional term upon mutual agreement of City and SLOLT not to exceed fifteen (15) years for purposes outlined in the intent of this agreement, outlined above. SLOLT shall submit any notice of interest in an extended term no less than one (1) year prior to termination of the base term of the lease agreement. 4. The lease may not be assigned except by prior written approval of the City. Such approval shall not be unreasonably withheld. 5. The lease rate shall be fixed at $1 per year. USE AND OPERATIONS 6. In recognition of the below market lease rate, SLOLT agrees to make the facilities available without fee to the City for official or City- sponsored uses. In addition, the City shall have first right of use for uncommitted time periods consistent with the requirements. of SLOLT's own use and other provisions of this agreement. 7. SLOLT is encouraged to sub -lease the facility to promote and ensure the fullest community benefit. First consideration for use by others will be given to the City and to local non - profit groups. The City and other performing groups and organizations shall be assured use of the facility at least ten (10) weeks per fiscal year (July 1 to June 30) which will be coordinated with the SLOLT performance and rehearsal schedule. Sub -lease charges will be at a rate which generally reflects the costs to amortize costs and maintenance of the building. The form of sub -lease agreements and schedule sub -lease charges shall be subject to City approval consistent with the purposes of this agreement, which approval shall not be unreasonably withheld. 8. A minimum of sixty (60) annual performances and offerings which'are open to the public will be provided by the SLOLT. During this period, use of the facility will not be exclusive to the SLOLT. If at any time SLOLT is unable to maintain this level of operation, the City may issue a one hundred twenty (120) day notice of early cancellation to terminate the lease agreement. 9. SLOLT will use due diligence in encouraging other performing groups and organizations to utilize the facilities whenever not in use by SLOLT. 10. The SLOLT will provide a full or part -time operations manager who will be responsible for meeting the terms of the agreement and assuring the fullest community use of the facility. C' In the event that this position is a paid position, the City, upon receipt of written justification of the need' for such position, will consider funding a portion of the salary which is directly related to providing services for groups other than SLOLT. 11. Review of the public use and benefit of the facility consistent with the intent of this agreement and the rights and obligations stated thereon will be conducted annually by a seven - member committee including: * two members of SLOLT * the Mayor and City Administrator (or designees) one representative of the Business Improvement Association * one representative of the Chamber of Commerce * one representative of the County Arts Council. OTHER PROVISIONS 12. SLOLT agrees to accept the condition of the property "as is" except for unknown subsurface toxic or hazardous materials. The City shall be responsible for cost of any required clean up of the site due to toxic or hazardous materials. If the cost exceeds $10,o00, apportionment of the costs shall be subject to negotiations between the parties. If no accommodation can be reached, at the City's option, the lease would terminate and the site would be returned to its pre -lease condition less structural improvements, at the sole expense of SLOLT (excluding cost of site clean up). 13. The City will initiate a General_ Plan Amendment and rezoning of the property to accommodate this type of use and will make such efforts as are reasonably necessary to accomplish such amendments and rezoning. Other required approvals (e.g., use permit, architectural review) and compliance with zoning and parking requirements, including payment of in -lieu fees or securing off -site parking, shall be the sole responsibility of SLOLT. It is noted that the subject property lies partially in a Flood Hazard Zone and that new or remodeled structures may require flood - proofing. 14. Except for "acts of God" and mutually agreed upon excusable delays to be delineated in the lease, SLOLT will use due diligence to adhere to the design, planning and construction schedule described in Exhibit "C". The City reserves the right to grant time extensions or to cancel this agreement for failure to progress on this schedule, where failure results from reasons other than those listed above. Said schedule will commence upon approval of this agreement by all parties. 15. If after three (3) years of the effective date of this agreement, SLOLT cannot demonstrate to the reasonable satisfaction of the City that it has raised or otherwise has funds committed to cover eighty percent (80 %) of the construction costs of the building and, in no event, less than $1.1 million, then the City shall have the right to terminate or extend this agreement, at its sole option and discretion. 16. If at any time SLOLT is unable to complete development, the lease will be terminated, and, at the City's option, all improvements will become the property of the City or the site shall be delivered free and clear of all improvements. 17. In the event of early cancellation after completion of construction, the City shall have the option to buy out improvements at the proportional rate of 90% of actual construction costs if cancellation is within the first 5 years, 70% between 6 and 15 years, 50% between 16 and 25 years, and nothing thereafter. If the City chooses not to exercise its option, SLOLT shall sell their improvements to a city- approved successor. 18. The relationship that will exist between the City and SLOLT in this matter will be that of lessor and lessee. Under no circumstance will SLOLT be considered an employee, officer or agent of the City under this agreement or the lease. Conversely, the City is not an agent or extension of SLOLT and is acting solely in its landlord capacity.. 19. SLOLT will insure all real property improvements for their market value and shall maintain public liability insurance in an amount acceptable to the City. In addition, any required flood insurance shall be paid for by SLOLT. The City shall be covered as "additionally insured" on such insurance policies. SLOLT will also maintain a performance bond to cover the cost of construction, including materials and labor. 20. SLOLT will indemnify and hold harmless the City, its officers, agents and employees from any claims, demands, damages, penalties or costs, including attorneys' fees, imposed which may arise from development, construction and operation of the proposed theater facility on City property. 21. SLOLT will maintain the buildings, features of the theatre and formal landscaping surrounding the theatre development in first - class condition at all times (shown as unshaded area of Exhibit "B "). The City will maintain the natural vegetation along the creekbank (shaded area of Exhibit "B ". Failure to so maintain in City's reasonable opinion shall, at the City's option, constitute a material breach of the lease. 22. The City of San Luis Obispo reserves the right to enter the property to construct and maintain retaining walls, slope banks, creek channel, Nipomo Street Bridge and other related items both as they .exist today and as they may be modified, changed or replaced in the future. The City reserves the right of the public to pass over and for the City to construct and maintain "Mission Plaza" improvements on property outside of the footprint of the building approved by the City (shown as shaded area of Exhibit "B ". O 23. Both parties also recognize that some issues may not have been anticipated or addressed herein and that changes to the agreement may be warranted. Thus, this agreement may be amended upon written consent of the both parties to the approval of the City Administrative Officer and the by law. City Attorney and as provided This Memorandum of Agreement is executed this day of January ,1990 in the City of San Luis Obispo, State of California. SAN LUIS OBISPO LITTLE THEATRE THE CITY OF SAN LUIS OBISPO 7 Director' - — - - Mayor DD ct r � - ^- - City Ad inistrative Officer Director irector :ATTEST: v r4 t y Cli�ric 31 /SLOLT �✓ /off/ �i�Li i o Community Development Director EXHIBIT ':B!! LOONTEREY STF4M'F ti Z. . .... .. Y 0 gyp, ZZ x. > q A .... . ...... I., am LVA oevo LIME Tow-axR > SME PLAN .1 oa90 LrrTLE NEVER SAN LUIS OBISPO LITTLE THEATRE Design, Planning and Construction Schedule Phase I Application, Project Description, Environmental Review, and Schematic Design and City Approvals Phase II Design Development and Final Approvals Phase III Working Drawings Phase IV Plan Check and Re -Check Phase V Construction Bidding Phase VI Construction Total Design, Planning and Construction B1 /SLOLT 8 months 4 months 5 months 5 months 3 months 12 months 37 months i RESOLUTION NO. 6737 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING TEMPORARY USE OF CITY PROPERTY AT 1010 NIPOMO STREET BY THE SAN LUIS OBISPO CHILDREN'S MUSEUM BE IT RESOLVED by.the San Luis Obispo City Council as follows:. SECTION 1. That certain agreement attached hereto, marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and.San Luis Obispo Children's Museum is hereby approved and the Mayor is authdrized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agree_.ment approved by it to :. San Luis Obispo Children's Museum, Parks and Recreation Department, Finance Director, and Office of Administration. On motion of Counaiewoman Rappa seconded by Counc i 2woman P, na&d and on the following roll call vote: AYES: Counaiemembeu Rappa, Pinand, Reizz, Roatman and Mayon Dunin NOES: None ABSENT: None the foregoing Resolution' was passed and adopted this 2nd day of JanucAy 11990. ATTT,/. 44 CITY -CLERK - -P Voges Approved: - City -Ffnandle Director - 6737 AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO CHILDREN'S MUSEUM FOR USE OF CITY PROPERTY AT 1010 NIPOMO STREET This Agreement entered into this 2nd day of Januvcy 1990, between the City of San Luis Obispo (herein referred to as "City" and the San Luis Obispo Children's Museum, a non- profit organization (herein referenced as "Museum "). WITNESSETH WHEREAS, the City is the legal owner of the property located at 1010 Nipomo..Street in the City of San Luis Obispo as shown in graphic description of the subject property is attached hereto as Exhibit-"A". WHEREAS, the City is willing to allow for temporary use of this property by the .San Luis Obispo Children's Museum, a non- profit organization, and that the Museum has authority to enter into an agreement for the use of the property; WHEREAS, the city-wishes to support the opportunity for the youth of the community to experience a creative; educational, and exploratory type of museum geared to children's interests; WHEREAS, the City considers use of this property by the Museum to be in the public.interest and an appropriate complement to the Mission Plaza and its activities; NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, the city and Museum hereby agree to the following terms and conditions for use of this property: LEASE TERMS 1. The Museum agrees to occupy the subject property, to remodel the existing structure and to operate the facility for the term of the Agreement. 2. The term of use of the property as a Museum. will begin on January 1, 1990 and last 18 months ending June 30, 1991. The Museum may request three -month extensions of the Agreement. Such requests shall be submitted in writing to the City Administrator's Office no less than one month in advance of time extension requested.. Time extensions shall be subject to the approval of the City and the San Luis Obispo Little Theatre and shall be denied if continued use of the property by the Museum would conflict with Little Theatre's plans for redevelopment of the site. Such approvals shall not be unreasonably withheld. 3. The City agrees to sponsor the Museum as a City Recreation Department Program and, as such, no rent will be charged. USE AND OPERATIONS 4. The City agrees to remove all contents of the building prior to occupancy by the Museum and no later than February 1, 1990. 5. The Museum agrees to accept the building in its present condition. The cost to remodel the building to make the structure useful as a Museum shall be borne by the Museum and includes, but is not limited to interior improvements, exterior painting, landscaping, hardscape, deck and fence installation, installation of trash enclosure, and design and screening of temporary storage. 6. The Museum is permitted to access the building for the purpose of preparing it for use as a museum at its own expense and I isk prior to occupancy provided that such access does not conflict with City use of the building prior to February 1, 1990. 7. The Museum shall be- required to comply with all applicable codes, permits and approvals required or enforced by the City including but not limited to rezoning, general plan amendment, administrative use permit, architectural review, building and seismic safety. Proposed structural changes to the building shall first be approved by the City. The City will initiate a General Plan Amendment and rezoning of the property to accomodate this type of use and will make such efforts as are reasonably necessary to accomplish such amendment and rezoning. 8. Except for "Acts of God!' and mutually agreed upon, excusable delays or similar circumstances beyond their control, the Museum will use due diligence to adhere to the design, planning and construction schedule described in Exhibit "B ". The City reserves the right to grant time extensions and to cancel this Agreement for failure to progress on this schedule. 9. The City will provide insurance .coverage for the Museum use as it would for other Recreation Department programs and uses. Prior to operation as a Museum, the Museum agrees to insure all real property improvements for their - - market - -value and shall maintain public liability insurance in an amount agreed upon by both parties. Evidence of insurance shall be submitted to the City for approval before access to the .building is permitted. 10. If the Museum is unable to complete renovation of the building, the Agreement may be terminated and at the City's option, all improvements will become the property of the City or the site shall be delivered free and clear of all improvements which were added by the Children's Museum and returned to the City in the same condition as prior to February 1, 1990. 11. The Museum will be open to the general public a minimum of 5 days a week for at least 4 hours per day, 20 hours per week. A nominal entry fee may be charged by the Museum to help cover costs of operations and maintenance of the Museum. C 12. The City will provide part -time staffing for the Museum for one year beginning July 11 1990 and ending on June 30, 1991. . If time extensions for use of the building are granted, the Museum will provide staffing at. its sole expense after June 30, 1991 unless other arrangements are agreed upon in writing by both parties prior to that time. 13. The structure and /or property shall be used only for those purposes stipulated in this Agreement, unless other uses are Approved in writing by the City. 14. The City shall provide weekly maintenance of the grounds and deliver cleaning and maintenance supplies to the building as needed to maintain a clean and safe facility. 15. The museum will maintain the facility in first -class condition at all times. The Museum will maintain and clean the building interior, exterior and landscape which is part of the Museum experience. The City will maintain the natural vegetation along the creekbank. 16. The Museum agrees to indemnify and-hold harmless the City, its officers, agents and.employees from any claims, demands, damages or penalties imposed which may arise from development construction and operation. of the proposed-Museum facility on City property. 17. Both parties recognize that some issues may not be covered in this Agreement. The Agreement may be amended accordingly if the changes meet the intent of this agreement, both parties agree to changes in writing, and such changes are approved by the City Administrative Officer. 18. This Memorandum of Agreement is executed this day of ,1990, in the City of San Luis Obispo, State of California. Childr '� Muse 1 Director Director B1 /cmuseum City of San-Luis-Obispo City A ministrative Officer t t rn Community Development Director v C- EXHIBIT "B" TENTATIVE SCHEDULE SAN LUIS OBISPO CHILDREN'S MUSEUM January 1990 City Council review of Agreement. Form Non - profit corporation Seek donations and contributions Submit ARC and Use Permit application to City Organize building improvement and exhibit committees Planning Commission review of General Plan Amendment /Rezoning February 1990 City Council consideration of General Plan /Rezoning ARC review March/April-1990 Finish ARC, Use Permit and Building Permit approvals Obtain building permits, start interior plumbing and electrical improvements Start exterior painting, landscaping and fencing May /June 1990 Complete exterior improvements; Continue exhibit work Furnish and supply building Train staff-and volunteers July /August 1990 Possible partial opening and trial operations September 1990 Completion.of exhibits Prepare official opening Grand opening celebration event B1 /cmuseum • lip (11,f ierey � rree m 65 �s , 1' v • V Q � �r • 1 � � }� v � 1 1 •..i 1 -� . r C m c 3 m 65 �s , 1' RESOLUTION NO. 6736 (1990 Series) RESOLUTION APPROVING THE REVISION OF THE AGREEMENT CREATING THE CENTRAL COAST CITIES SELF INSURANCE FUND AND THE CREATION OF BYLAWS WHEREAS, the City of San Luis Obispo is a member entity of the Central Coast Cities Self Insurance Fund; and WHEREAS, the Board of Directors of the Central Coast Cities Self Insurance Fund at the October 4, 1989 meeting voted to recommend revisions to the original Agreement, and WHEREAS, the Board of Directors voted to create Bylaws for the Central Coast Cities Self Insurance Fund; and WHEREAS, a complete and true copy of the proposed Joint exercise of Powers Agreement and. Bylaws recommended by the Board, has been provided to.this member entity; and WHEREAS, this member entity is in accord with the revised Joint. Exercise of Powers Agreement and the Bylaws, and finds that they should be adopted; now therefore BE IT RESOLVED that this member entity hereby adopts the revised Joint Exercise of Bowers Agreement and newly created Bylaws, and authorizes execution of the Agreement. On motion of Counait-woman Rappa seconded by CounaiLvoman Pinatd , and on the following roll call vote: AYES: Councitmemben6 Rdppa, Pinatd, Reiz.6, Roatman and Mayon Duni.n NOES None ABSENT: None 673:6 Resolution No. 6736 (1990 Series) The foregoing Resolution was passed and adopted this 2nd day JanucvLy, 1990. POMMUR -RON DUNIN ATTEST: �. U CITY 4LERK PAM Vo l S APPROVED: City inistrative officer Personnel Director F v 4� AGREEMENT N0. Gl -90 —CC JOINT EXERCISE OF POWERS AGREEMENT FOR CENTRAL COAST CITIES SELF INSURANCE FUND This Agreement is made by and among the undersigned public entities, all of which are organized and operating under the laws of the State of California. RECITALS 1. The following state laws, among others, authorize the Member ALencies to enter into this Agreement: A. Labor Code Section 3700(h) which allov-s a local public entity to fund its Workers' Compensation claims; B. Government Code Sections 989 and 990 which permits a local public entity to insure against liability and other losses; C. Government Code Section 990.4 which permits a local public entity to provide insurance and self - insurance in any desired combination; D. Government Code Section 990:5 which permits two or more local public entities to enter into an agreement to jointly fund such expenditures in accordance with Government Code Sections 6500 -6515; and 01 -90 —CC it E. Government Code Section 6500 -6515 which permits two or more local public entities to jointly exercise under an agreement any powers which are common to each of them. I Each of the parties to this Agreement desires to join with the other parties for the purpose of: A. Developing effective risk management programs to reduce the amouni and frequency of their losses; B. Pooling their self- insured losses; and C. Jointly purchasing insurance and administrative services in connection with ,im of the programs for said parties. I. The governing bode of each undersigned public entity has determined that it is in the entity's own best interest and in the public interest that this present Agreement be executed and that the entity shall participate as a member of the public entity created by this Agreement. NOW, THEREFORE, the undersigned, by, between and among themselves. in consideration of the mutual benefits, ,promises and agreements set forth below, hereby agree as follows: T1:17- 50.1STS 1 2 August V. I'114 s AGREEMENT ARTICLE. I RE- CREATION OF TIIE CENTRAL, COAST CITIES SELF INSURANCE FUND This agreement has been created for the. purpose of revising and updating an existing Joint Exercise of Powers Agreement forming the Central Coast Cities Self lnsurrince Fund. Pursuant to Article I. Chapter 5, Division 7, Title I of the Government Code of the State of California (commencing with Section 6500), the parties hereto hereby create a public agcncy. separate and apart from the parties hereto. known as the Central Coast Cities Self Insurance Fund. hereinafter called the Authority. This agreement sh:dI supersede am such other a,rcement. ARTICLE LI PURPOSES This Agreement is entered into by Member Agencies pursuant to the provisions of California Government Code Sections 990, 990.41 990.8, and 6500, et seq.. to: 1. Pool on a self - insured basis various risks in excess of established deductible amounts and up to a jointly selected maximum; 2. Jointly purchase insurance coverage; 3. Jointly purchase administrative and other services including, but not limited to: claims administration, data processing, risk management, loss prevention and legal services in connection with any of the Programs: h. 4. Create and maintain various Program funds to pay the cost of the self - insured portions of losses insured against; S. Implement risk management and loss control programs; G. Provide for including in the future additional cities which desire to become parties to the Agreement; and 7. Provide for the removal of ,Member Agencies for cause or.upon request. ARTICLE III DEFINITIONS Unless the context otherwise requires, the following terms shall be defined as herein stated: 1. "Authority" shall mean Central Coast Cities Self Insurance Fund. I "Board" or "Board of Directors" shall mean the governing body of the Authority. 3. "Deposit" shall mean the estimated amount determined by the Board for each Member Agency necessary to fund the Program Year for each Program of the Authority. I'S 1 4 August v. I• +�" 4. "Insurance" shall mean that insurance which may be purchased on behalf of the Authority to protect the funds of the Member Agencies against loss as is determined by the Board of Directors. �. "Member Agency" shall mean any of the public entities which are a parts to this Agreement. 6. "Memorandum of Coverage" shall be the document issued by the. Authoritv to Member Agencies specifving the-tvpe and amount of pooled coverage provided to each Member Agency by the Authority. 7. "Fiscal Year" shall mean a period of time as defined, in Article X1, to be used in determining operating budget, deposits, and incurred losses. S. "Program" shall include, but not be limited to, properry. workers' compensation. and liability coverages as may be determined by the Board. 9. "Covered Losses" shall mean any loss resulting from a claim or claims against a Member Agency which is in excess of its respective deductible and is covered by any Memorandum of Coverage issued by the Authority or any purchased insurance coverage ARTICLE V1 PARTIES TO AGREEMENT Each party to this Agreement certifies that it intends to, and does, contract with all other parties who are signatories to this.,Agreement and, in addition, with such other parties as may later be added parties to, and signatories of, this Agreement pursuant August t 0 10 to Article XVII. Each party to this Agreement also certifies that the deletion of any party from this Agreement, pursuant to Article XVIII or X1X, shall not affect this Agreement or the remaining parties' intent to contract as described above with the other parties to the Agreement then remaining. ARTICLE V TFRINI OF AGREENIENNT This Agreement shall become effective when executed by the cities of Arroyo Grande, Atascadero, Grover City: Guadalupe; Lompoc, Morro Bay. Paso Robles, Pismo Beach. San Luis Obispo, Santa Maria. and Santa Paula, and shall remain in full force until terminated in accordance with Article XXI. ARTICLE VI POWERS OF-THE AUTHORITY The Authority is authorized, in its own name, to do all acts necessary to fulfill the purposes of this Agreement as referred to in Article II, including, but not limited toa 1. Make and enter into contracts; 2. Incur debts, liabilities and obligations, but no debt, liability or obligation of the Authority is a debt. liability or obligation of any Member Agency, except as otheru�ise provided by Article XIX and XX; i. Acquire, hold or dispose of real and personal property; 11- flsU7h. I's I v Aurum 9. 1`r�" 4. Receive contributions and donations of property, funds, services and other forms of assistance from any source; 5. Sue and be sued in its own name; 6. Lease real or personal property, including that .of a Member Agency; 7. Receive, collect, invest and disburse monies; and 8. Undertake such other activities as may be necessary to carry out the purpose of this Agreement. These powers shall be exercised in the manner provided by applicable la«• and as expressly set forth in this ALrec:ment. ARTICLE VII NIENIBER AGENCY RESPONSIBILITIES The Member Agencies shall have the following responsibilities: L. To appoint a representative and alternate to the Board of Directors; 2. To cooperate fully with the Authority in determining the cause of losses and in the settlertrnt of claims, as defined in the insurance coverage: 3. To pay deposits and any adjustments, thereto promptly to the Authority when due: MrI30i11q.Ys1 7 Augum 9. 11+101 4. To provide the Authority with such statistical and loss experience data and other information as may be necessary for the Authority, in all matters relating to this Agreement and to comply with the Bylaws and all policies and procedures adopted by the Board. 5. Maintain an active risk management program. 6. Designate a risk manager charged with overseeing the entity's risk management program within the city; 7. Comply with safety /loss control requirements established by the Authority. S. Establish a claim management procedure. ARTICLE VIII BOARD OF DIRECTORS 1. MEMBERSHIP There shall be a Board of Directors to govern the affairs of the Authority. -'Lhe Authority's Board shall be comprised of one representative from each Member Agency. The City Council of each Member Agency shall appoint as its representative the City Manager, or Cite Administrator. The Board member shall serve and be subject to removal and replacement at the pleasure of the appointing city. Said representative shall have authority to bind the Member Agency on all matters pertaining to this agreement. I EN_W 7:%A T 11 R v. Aofu.l 9. Vf" Each Board representative shall appoint one alternate for such representative who shall attend meetings in the event that the appointed representative is unable to attend and who shall, as an alternate, have the same rights as the representative so appointed. 2. OFFICERS Thc: Board of Directors shall elect from its membership a President and Vice President in accordance to the provisions of the Bylaws. The Board of Directors shall appoint a SecretaryfTreasurer. who is not required to he a member of the Board of Directors. 3. PO%VERS The powers of the Board shall be all of the powers of the Authorin' not specifically reserved to the Member Agencies by this Agreement and w2v include. but not he limited to. Article II of said Agreement and the follct�� in_: A. Appm%al of Insurance Coyera_cs. B. Setting deposit premiums. C. Approval of the annual Authority budget. D. Election of officers. E. Creation of Bylaws. F. Approval of service providers, including but not limited to: (1) Program Administratur/Bruker (2) Legal counsel (3) Auditors (4) Claim administrators (5) Loss prevention consultants G. Delccate authority to officers as provided for in the Bylaws. AWFICI.I•: IX IN EFYINGS AND RECORDS 1. BOARD MEETINGS The Board shall hold at least one regular mecting each fiscal year. The Board shrill fu the date, hour and place at which each regular meeting is to be held. Special meetings may be called by the President or upon written request of at least one -third of the Board. Notice of such special. meetings shall be delivered personally or by mail to each Board, Member at least seven (1) days before such meeting. Each meeting of the Board, including. without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the Ralph M. Brown Act (Section 54950, et seq. of the Government Code). 2 RECORDS The President shall keep, or have .kept, minutes of all reg filar, adjourned, regular and special meetings of the Board. As soon as 1�) possible after each meeting, a copy of the minutes shall be forwarded to each member of the Board. Minutes may not be kept of any closed sessions. No business may he transacted by the Board without a quorum of its members being present. A quorum shall consist of a majority of its members authorized representatives. A majority of the members present must vote in favor of a motion to approve. it, except as may otherwise be provided for in this Agreement. Alternates shall have: all the and authority of a designated representative. The Board shall conduct its business in accordance with Roberts Rules of Order. ARTICLE X BVIAWS : %ND ND1IINisTRATION_POLICY AND PROCEDURES The Beard shall cause Bylaws to be developed consistent with applicable law and this Agreement. to. govern the day -to -day operations of the Authority. Each Board member shall receive a copy of the Bylaws and any administrative policies and procedures developed under this article. The Board may adopt additional Bylaws and approve administrative policy and procedures or change existing ones so Iona as they shall be and remain consistent with both applicable law and with this Agreement. ARTICLE XI FISCAL YEAR The fiscal vear of the Authority shall be the period beginning the first day of July of each calendar vear to and including the 30th day of June of the following year. - 1Ti/_50"1s. I'S I Au }use v. 111" 0 ARTICLE X11 BUDGET G The Board shall adopt an annual hudget prior to the beginning of each fiscal year. ARTICLE X111 ANNUAL AUDIT AND AUDIT REPORTS The Board of Directors shall cause an annual financial audit to be made with respect to all receipts, disbursements. and other transactions by a Certified Public Accountant experienced in and qualified to conduct public agency audits. A report of such financial audit shall he filed as a public record with each of the Member. Agencies. Such report shall be filed no later than required by law. All costs of such financial audit shall be paid by the Authority and shall be charged against the Member Agencies in the same manner as all other administrative costs. ARTICLE XIV ESTABLISHMENT AND ADMINISTRATION OF FUNDS The Authority shall be responsible for the strict accountability of all funds and reports of all receipts and disbursements. It will comply with all provisions of law relating to the subject, particularly Section 6505 of the California Government Code The Treasurer shall receive, invest and disburse funds only in accordance with the procedures established by the Board of Directors, the Bvlaws, and in conformity with applicable last'. ARTICLE XV DEPOSITS The deposit for each Member Agency for each Program in which they participate shall t)c calculated and paid in accordance with the Bylaws and Administrative Police and Procedures. ARTICLE XVI PROGRAMS The coveraue(s) provided by the Authority shall be as specified in the Memoranda Of Coycrace and/or insurance policies. Each Member Entity shall have the ability to detern.iine in which Prourams it will participate. ARTICLE XV_II \'EIS' MEMBERS Prospective Members may apply for participation in the Authority in accordance with, and as stated in the Byla%vs. A two - thirds majority vote of the cities participating in a Program shall be required. for admission to any Program subject to ratification by two- thirds majority vote of the entire Board of Directors of the Authority. 1I: %SU7ISTS1 . 0 Augu,i 9. w.•, ARTICLE XVIII WITHDRAWAL Anv Member Agency of the Authority who has been a member for at least three full fiscal years may withdraw from one or any Program in which it participates. The withdrawal nmv be effective at the end of a fiscal year. The withdrawing Member ALencv must notify the Authority in writing at least ninety (90) days prior to the end of the fiscal near th;lt it will withdraw from a Program. After withdrawal, the xithdraxine member shall continue to be responsible for any fimincial .obhuation incurred by reason of lasses occurring prior to the effective date of an c:ntitv's withdraws tl. 1RTICLE NIX EXPULSION The Authority may expel any ,Member Agency. with or without cause. as a participant in .an%, program or as a member of the Authority by a two- thirds vote of the Board ARTICLE XX EFFECT OF NVITHDRAWAL OR EXTULSION The withdrawal or expulsion of any Member Agency after the inception of its participation in any program shall not terminate its responsibility to: Au -lu,l 4. ty" I. Cooperate fully with the Authority in determining the cause of losses and in the settlement of claims, as defined in the coverage agreement; 2. Pay any adjustments determined by the Board to be due and payable for each program year in which it participated; 3. Provide the Authority with such statistical and loss experience data and other information as may be necessary for the Authority to carry out the purposes of this Agreement, and �. Cooperate with and assist the Authority, any insurer, claims adjuster or legal counsel retained by the Authority, in all matters relating to this At:rcement. ARTICLE XXI TERMINATION AND DISTRIBUTION The Programs provided for by this Agreement may be terminated when the Board so determines that the withdrawal of a sufficient number of members makes it no longer feasible to continue as a Joint Powers Authority, and that the public interest is no longer served. However, this Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, distribution of assets and all other functions necessary to conclude the affairs of the Authority.. Upon termination of all Programs provided for under this Agreement and the settlement of all liabilities and claims, including incurred but not reported claims. all property of the Authority shall he divided among the entities in a ratio equal to U their equity in each Program in which they participate. The Board shall determine such distribution within six months after the last pending claim or loss covered by this Agreement has heen finally resolved. The Board is vested with all powers of the Authority for the purpose of concluding and dissolving the husiness affairs of the Authority. ARTICLE XXII NOTICES Notices to N9emher Aicncies under this Aercement shall be sufficient if mailed to their respective ::ddresses on file with the Authoritv. Notices to the Authority shall be sufficient if mailed to the address of the Authority as contained in the Bylaws. ARTICLE XXIII PROHIBITION AGAINST ASSIGNMENT No Member Acyency may assign any right, claim or interest it may have under this Acreement, and no creditor, assignee or third party beneficiary of any Member Agency shall have any right, claim or title to any part, share, interest, fund-premium or asset of the Authority. 'I I'S I ARTICLE XXIV AMENDMENTS This Agreement may be amended by a two- thirds vote of the Member Agencies at anv regular or special meeting of the Board, provided that any amendment is ' cornp:itible with the purposes of this Agreement and it has been submitted to the Board Members at least sixty (60) days in advance.. Any such amendment shall be effccti�'e immediately upon two- thirds vote of the member a,encies. ARTICLE XXV SE-VERAIiILITI' Should any portion. term, condition or provision of this Agreement be decided by a . court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual., the validim of the remaining portions, terms. conditions and provisions shall not be affected thercbv. ARTICLE XXVI HOLD.HARNTLESS AND INDEMNIFIC4TI0\' Member Agencies agree and covenant to save free and hold harmless and indemnif. the Authority, other Member Agencies, their elected officers. employees and volunteers for any claim, damage; or liability in connection with claims handling. claims administration, retrospective adjustments, assessments, deposits, coverage, error and omissions, and /or decisions to expel a Member A_encv.. rI >' /-Sl PS Augo,t v, 1.1." ARTICLE XXVII AGREEMENT COMPLETE The foregoing constitutes the full and complete agreement of the parties. There arc no oral und.crstandings or agreements run set forth in writing herein. ARTICLE XXVIII EXECUTION OF COUNTERPARTS This Aurecrtmcnt ITI t1V be e XL: cuted in any number of counterparts, each of which when so executed shall he deemed to be an original. but altooether shall constitute one and the same agreement. IN WITNESS WHEREOF, each of the parties hereto, by and through their respective duly iutliorized.represcntatives, have executed this Agreement on the date so indicate. DATED: G CITY OF: SAN LUIS OBISPO BY: Mayor Ron Dunin BY: City Berk Pam ges rt:vw;i. rst Aucu.[ ". PJ," BYIAWS of the CENTRAL COAST' CITIES SELF INSURANCE? FUND MLh:. Pursu ;:nt to th;,t ccrt ;;in ; ,rec:nlent entitled "Joint .Exercise_ of Powcrs A,reenlent for rile Ccntr,d Cn:ai Cities Self Insumncc Fund" dated January 2, 1990 1 alld effc:rtr. ;. January 2, 1990 these Bylaws }i Eve been adopted for [he rcu,u!:::icln oI Said :V, :liluric%.. •1 R "PICLE: I DI:I�I�PCLO \S I hC t;'l lus Ill then. l3%-! ;:Ws s!1 ;III I)e is dehned in. the Agreement crCatln, the Cetl'r;:! Coast Cities Self INSLI ance Fund unless otherwise specified herein. :1 I -ICLE _11 OFFICES The principal executive ot'lice for the transaction of business of the Authorit% is !lcreby feed and located at: Cite of San Luis Obispo c/o Finance Director P.O. Box 5100 San Luis Obispo, CA 93.303 -81UO The Board shall have the authority to change the location of the principal executive, office. from time -to -time. Any such change shall be noted in the Bylaws, and this section shall be amended to state the new location. Official notice shall comph with Section 53051 of the California Government Code. - 1 *1141�n r').rS1.; . AwrTCT T- 11EE-FINGS In addition to ;I rc:urlired annuad meeting as called for in the Joint Exercise of Powers ,,crec:mcw, the Board shall sleet on an as needed hasis as determined by the Eint:rd. Oltici;+l minutes of the Bo;rrd me cling shall.hc kept by the Authority at its principal zccu:ive office. ARTICLE IV I:LE:CI'EO� OF AND VICE•: PRFSIDFNT The Board of Directors shull elect the President and Vice President from among the Board nicmhcrs. Election of President and Vice President and conditions of office ;:re ;a follu�c >: I. A nei111in;ltin, conttnittee shall !). appointed b\ the President to rei:olnmend a. sl;Ite of ol.11cers. In addition. ;illy Board member may .noniin::ic another Board nlenihcr for ;In office: 1 Each Board incmhcr shall cast one vote for the candidate of his her choice for each office. =. .-all terms of office shall be for one. year. The officers shall begin servin_ terms at the heeinnin,g of the calendar year immediately followin, the election. The terms of office shall end on December 31 of each vear. 4. Elections shall he held whenever there is an office vacancy.. >. President and Vice President shall hold their positions as individuals and not merely as a representative of a Member Agency. ARTICLE V DUTIES OF OFFICERS PRESIDENT. The duties of the President shall be: 1. to.,preside at all meetings of the Board of Directors and the Executi.c Colllnllttee. ?. to si,n contmcts on hchall. of the Joint Powers Atjihoiity. '11`. /su; }v.l's1.2 0' ;. to enter into insurance agreements on hehalf of the Joint Powers Authority within the pammeters as granted fro the Board. to .ptcpare the meeting avenclas. ?. to direct thc Progr ;url Administrator facilit:iie anti ensur the I) ref>ar;lti)II of Plinutes of tilt: nleciin,,_s rrUUr�d. io h::rlklrnl such other duties as the Hoard inay specify. VICE Pf:ESIDEN' I" The duties of the Vice President shall be to act as, the President in the ;ih >ence of the Presidcnt and to perform such other duties as the f7o;:Ju aiaC" s;1eCl;'.'. :TAP 1:;'Ifli ASU'FR. ho.: duties of the Sccrettrn;'Treasurc:r shall he: I. iU !l;r'.� CUtiOi! \' anCi 1l1iW11erl:InCe of {he Atlthoritv's records and UUCtlii!C:li�. .. �. - il1 rnainialll 1111 atiCOU'nllrl�_ arid other fiminclal records In accordance %C'llfl ;ilCeplcd financial accountine practices. to file ;ill financial reports required of the Authority'. Y. to pei oriil the functions of controHer and to have the duties specified in Section 6� O0 .5 of the Government Code. �. to make payments pursuant to previously authorized contracts v.-hich arc Within hudcet limits. 6. to collect and process all Conflict of Interest statements and records in compliance with State requirements. The SecretanvTreasurer shall furnish a fidelity bond in a minimum amount of One Hundred Thousand Dollars (SIOO,Of)O) conditioned upon the performance of the duties herein prescrihed. 71e an)OUnt of the bond shall he determined from tinge -io -tinge by the Board. Anv premiuni.s for such bond shall he a proper char,-,e a,;+inst the Authorii% 1 ARTICLE C_LE VI C01 MITTEES AND DUTIES EE. \1=,CU'1 IVE COMMITTEE. The Executive. Committee shall be comprised of tilt: f'rcSicicnt• :�ICe President, immediate Past President and Secretary/Treasurer. The Sccrct:: -N-./ I rcasurcr shall he a non - voting member. The Executive Committee shall oycrscc the day -u) day management of the Authority. For purposes of conducting Sur'n business. the l:\ecutivc Committee has Po,vers as may be Provided for by the '1 -'ne i.;\ccutiVC Com;rtittee sh:+ll Proyidc reports to the Board as required. CONINil'l -I'L Fach niefilhcr city shall IPPOint a representative to the rits S:ltcty Committee cchich shall meet regularly to Plan. coordinate and y• mnlcnien:.prt >' -; :m> In >irUnlenl;lI in reducin, loss. \RTIC:LE_1'I1 I�[�I1GE'I' liic : \arbor i:y >ha!! annualh adopt an operatin,.* budget Pursuant to Article X1;1 of t;tc Ji. :nt E\ercisc of Po�ecrs , '\grecn)cnt. which shall include a separate budget for preliminary budget shall be, submitted to all members no later \Prii 1 of each year, and a final budget shall he completed no later than J, :..Ic � of e:1C;7 fear. T;•,e huduet shall Provide for: Rc%enuc Administrative Expenses Incurred Losses Insurance Expense L<)ss Control Program Expense ARTICLE VIII , DISBURSEMENT AND MANAGENIENT OF FUNDS of funds of the Authorit) shall he in accordance' The disbursement and management with the follo«in!,: 1, The Trc asurer's Office shall have sole authority to withdraw tunds front the Loet l t\gencics lnye tment Fund (LAIF) in accordance with Peilicy and procedures adopted by the city'in which rile Joint Prn.'er> Agr.ncv funds.ar� mana,�cei. 2 The Treasurer shall have authority to transfer funds from reserves to Offset budget overruns of' other hudoet line items. 3. Authority mmw he granted to the Claims Administrators to issue «:rrr:rnts from a trust account in i+nutunts so specified. by the Board for purnoscs of claims administration ter settlement. INVESTMENT OF FUNDS The Trc:uurcr sh: ll invest surplus Rinds from each Protzmrn in iccordance with the Inv s;:ncn: Polic\ adopted by thc_- l3nard of Directors. T'hc Treasurer shall suhmit to the. Board, of Directors no less than annually, a report of investments. The report shall include, tuft not be limited to. a list of investment cirmi risin :the ;;u imritc s portfolio: mltc:s of interest, and annual yield on imcstr;ct:ts. OF CLAIMS etch member of a TroLram shall ,rant to rile Pro(-,mm's Claims Administrator discrctionary settlement authority in an amount determined by the Member ARenc%. All settlements, in excess of the settlement authorits_• of the Claims Administrator . shall require approval from each - Member Agency in accordance with the provisions of the entity's i.lunicipal Code or procedure. ARTICLE XI LIABILITY PROGRAM 1. PROGRAM STRUCTURE. The Auto and General Liabilitv Proeram shall consist of a deductible, a self - insured retention layer (pool).- and purchased excess insurance in an amount determined annually by the Board of Directors. Each Member ACencv shall determine the amount of their deductihle. biit in no case ma% it be less than S 1,000 for each occurrence insured at!:tinst. ?. COVFRAGI=. Pic. covcr(-,r provided in all layers of the program shall he the same as that of th.c covcmLc pri\,idcd in the excess insuY;iiIcc 1i0licy PLAN FUNDING. The Liability Program shall be funded annually by each Mcnther Agency contributing a Deposit based on funding formulas established by I he Board of Directors. There shall be three cost components that are funded by the Deposit. They are: (1) the loss reserve fund, (2) the excess insurance premium. and (3) administrative costs. The Deposit shall be sufficient to cover the Budget for each ProL:mm Yc:::r of the Program. RETAINED RISK. For coverage provided, the Authority is responsible for erne;;: of risks in the self- insured retention layer (pool) over and above the dcducilb1c applic;rhle-to the IMc;mbc:r Agency. DEDUCTIBLE RECOVERY. Each Member Agency is responsible for a deciu�:tiNc under the Program for losses that occur. Loss is defined as paid claims. djus,in, costs. turd le,al expense. Repayment is made to the Authority for the deductihle after the claim is paid by the Authority. When a claim is paid and closed. o, [mynicnt on an open claim reaches S1000, the Claims Administrator shall mill e;:ch Member Agency. P�ivntents slmll he made to the Authority's Treasurer. h. REFUND PLAN. A Memhtr Auen& in the Program three complete fiscal rcflectin_ ;: nositivr ' Fund Balance" may be eligible for a percentage refund of tiicir "Fund Balance" if such a refund is declared by the Board cif Directors. In thc: Refund Plan calculation. the "Fund Balance" represents the amount of funds rern:;inin in a Member Aucncv's account after allowing for reserves. an IBNR (Incurred But Not Reported) reserve, and inflation factors. ARTICLE \1I WORKERS! COb1PENSATION. PROGRAM 1. PROGRAIM STRUCTURE. The workers' Compensation Program shall consist of a self - insured retention layer (pool), and purchased excess insurance in an amount determined annually by the Board of Directors. 2. COVERAGE. The coverage provided shall he those statutory Workers' Compensation benefits prescribed by California State law, and for Employers Li.rhilih - 3. PLAN .FUNDING. The Workers' Compensation Program shall he funded annually t;% each Mcnibc:r contributing a Deposit based on funding formulas rst:+h!ishrd h - the Board of Directors. There shall he three cost components funded K by the Deposit. The components are: (1) the loss reserve fund, (2) the excess insurance premium, and (3) administrative costs. The Deposit shall be sufficient to cover the Budget for each Program Year of the Program. I. RETAINED RISK. The Authority is responsible for coverage of those State mand;!tc.d Workers' Compensation and Employers Liability benefits in the self - insured retention layer (pool) of the Program. 1\' FFUND PLAN. A iNlcinher Agency in the Program three complete fiscal vcars, reflecting a positive. "FU nd Balance" may be eligible for a percentage refund of ;heir "Fund Balance" i1' such a refund is declared by the Board of Directors. The "Fund Balance" represents the amount of funds remainin, in a Member Agency's :!"'count after allowin« for reser-,,es, an IBNl: (Incurred But Not Reported) reserve. and inflation factors.► ART1.(J,1: \III NEW MEMBERS il% city Within th Counties of San Luis Obispo. Santa Barbara or Ventura may :lnpiv for admission to the Joint Powers Authority for participation in any or all 1'ro_rr ins. The Bo: rd of Directors, shall vote on the citv's application for admissioni :!Jtc_r cvaluatin, past loss experience, financial status, other risk management considerations, and compatibility with the ohjecti,.es of the Authority. A two- thirds majority vote of the Member Agencies participating_ in a Program shall be required for admission to the Program subject to ratification by two- thirds majority vote of thc: entire Board of Directors of the Authority. ARTICLE \IV AMENDMENTS These Bylaws may be amended by a majority of the Board provided that any :amendment is compatible with the purposes of the Authority, is not in conflict with the Aurc:cment and has been suhiitittc:d to the Board at least 30 days in advance. Any such amendment shall be effective immediately, unless other vise designated.