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HomeMy WebLinkAbout6775-6824RESOLUTION NO. 6824(1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING NEW WASTEWATER SERVICE CHARGES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 6420 (1988 Series) is hereby rescinded. SECTION 2. The following fees are established in accordance with provision of Municipal Code. Section 4.24.010 - Wastewater Service Charges as follows: A. Every person whose.premises in the city are served by a connection with the system of wastewater of the city, whereby the wastewaters are disposed of by the city through the wastewater treatment plant, or otherwise, shall pay monthly wastewater service charge per Schedule A. B. Quantity Usage. Restaurants and other commercial users shall be entitled to a water flow allowance for the service charge. Any excess over the entitlement allowance shall be charged at the rate specified in Schedule A. Any non - residential customer using substantial amounts of water that is consumed on landscaping or for other purposes not required wastewater facilities may appeal to the Utilities Director to determine an equitable ratio of wastewater use for billing purposes or the user may, at the user's own expense, install private measuring R6824 Resolution 6824 (1990 Series) wastewater Rates Page 2 devices in accordance with the specifications approved by the utilities director. On motion of Councilwoman Rappa I seconded by Councilman Roalman , and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard and Reiss NOES: Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this _ 12th day of June , 1990. MAYOR RON ATTEST: �f V CIT CLERK AgA VOGES r Resolution 6824 (1990 Series) Wastewater Rates Page 3 APPROVED: CITY ADMINISTRATIVE OFFICER DIRECTOR UTILITIES DIRECTOR DIVISION MANAGER Resolution 6824 __ (1990 Series) Schedule A wastewater Rates Page 4 SCHEDULE A MONTHLY WASTEWATER SERVICE CHARGES Type of Account effective date: 7/1/90 7/1/91 7/1/92 7/1/93 Single family dwelling, including single 810.50 $12.50 814.50 516.50 meter condominiums and townhouses Multi - family dwelling unit in any duplex, S 7..90 8 9.40 810.90 $12.40 apartment house or roominghouse, per each dwelling unit Mobile Home or trailer park, per each $ 6.30 S 7.50 $ 8.70 S 9.90 dwelling unit Hotel, motel, or auto court, per each $ 7.90 S 9.40 810.90 $12.40 unit Public, private or parochial school, each $ 1.20 S 1.40 $ 1.65 $ 1.90 average daily attendance at the school Each restaurant or bakery, minimum charge 810.50 $12.50 $14.50 $16.50 additional charge for every 100 cubic ft. in excess of 500 cubic ft. of water used $ 2.10 5 2.50 82.90 $ 3.30 Each business, church or other non - duelling commercial establishment, wholesale or retail, minimum charge $10.50 $12.50 814.50 $16.50 additional charge for every 100 cubic ft. in excess of 500 cubic ft. of water used S 1.30 $ 1.50 $ 1.75 $ 2.00 Each vehicle discharging wastewater into city system, for the first 1500 gallons, minimum charge $35.20 541.90 548.60 $55.30 additional charge per 100 gallons in excess of 1500 gallons S 2.10 $ 2.50 $ 2.90 S 3.30 / ev RESOLUTION NO. 6823 (1990 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING COMPENSATION FOR THE CITY CLERK WHEREAS, the City Council establishes the salary range for, among other positions, the City Clerk in the Managerial Compensation Plan for Appointed Officials (Resolution No. 6604 - 1989 Series): and WHEREAS, the City Council has evaluated compensation factors for the City Clerk under Section 5 of the Managerial Compensation Plan and the Appointed Officials Process Plan for Appointed Officials (Resolution No. 6604 - 1989 Series): and WHEREAS, by Resolution No. 6687 (1989 Series), the City Council established compensation for City Clerk Pamela Voges: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective the first pay period in April 1990, the City Clerk's salary shall increase from $4,050 per month to $4,300 per month. SECTION 2. All other compensation and benefits afforded the City Clerk under the Appointed Officials Compensation Plan (Resolution No. 6604 - 1989 Series), and the City Clerk Employment Agreement (Resolution No. 6172 - 1987 Series), not superseded by the above, shall remain in full force and effect. SECTION 3. The City Council shall evaluate the performance of the City Clerk at the mid -year review. On motion of Councilman Roalman and on the following roll call vote: ,seconded by Councilwoman Pinard AYES: Councilmembers Roalman Pinard Ra ppa, Reiss, and Mayor Dunin NOES: None ABSENT: None a I / o1 7 Resolution No. 6823 (1990 Series) Page 2 The foregoing Resolution was passed and adopted this 6th day of June 1990. YOR R07MUNIN ATTEST: CITY\ CLERK PAM VOGES APPROVED: City Ad inistrative Officer �y a. eeaowK4 ASsCity Atter-ney i�Q-t+Orney Finance Director Personnel Director • ri �j RESOLUTION NO. 6822 (1990 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING COMPENSATION FOR THE CITY ATTORNEY WHEREAS, the City Council establishes the salary range for, among other positions, the City Attorney in the Managerial Compensation Plan for Appointed Officials (Resolution No. 6604 - 1989 Series; and WHEREAS, by Resolution No. 6689 (1989 Series), the City Council appointed Jeff Jorgensen as City Attorney, and WHEREAS, the City Council has evaluated compensation factors for the City Attorney under Section 5 of the Managerial Compensation Plan and the Appointed Officials Process Plan for Appointed Officials (Resolution No. 6604 - 1989); and WHEREAS, by Resolution No. 6690 (1989 Series), the City Council established compensation for City Attorney. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective the first pay period in April 1990, the City Attorney's salary shall increase from $5,625 per month to $6,000 per month. SECTION 2. All other compensation and benefits afforded the City Attorney under the Appointed Officials Compensation Plan (Resolution No. 6604 - 1989 Series), and the City Attorney Employment Agreement (Resolution 6689 - 1989 Series) not superseded by the above, shall remain in full force and effect. SECTION 3. The City Council shall evaluate the performance of the City Attorney at the mid -year review. 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 ABSENTRone R AR9? C, C Resolution No. 6822 (1990 Series) Page 2 The foregoing Resolution was passed and adopted this 6th day of June , 1990. MIT 1. ATTEST: CIT CLERK PA VOGES * * * * * * * * ** APPROVED: Ci y dministrative Offfeer O��c� 1 Personnel Director C, N .r RESOLUTION 6820 (1990 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING FUNDING TO FIFTEEN AGENCIES IN THE AMOUNT OF $61,410 FOR FISCAL YEAR 1990 -91 THROUGH THE PROMOTIONAL COORDINATING COMMITTEE WHEREAS, the City of San Luis Obispo supports non - profit agencies which provide economic, cultural, and recreational services to the residents of the City of San Luis Obispo; and WHEREAS, in the past, the City has authorized and distributed Grants -In -Aid funding to community organizations which provide economic, cultural, and recreational services; and WHEREAS, funding for the Grants -In -Aid program has been included in the 1989 -91 Financial Plan for the City of San Luis Obispo; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agencies attached hereto and marked Exhibit "A" shall be provided funding as is designated in the same attachment. SECTION 2. The staff is directed to prepare a contract for each agency identified in Exhibit "A" and the CAO is authorized to execute such contracts. Upon motion of Councilman Reiss , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Counci]m'mbers Reiss, Rappa, Dunin, and Pinard NOES: None ABSENT: Councilman Roalman R 6820 RESOLUTION NO. 6820 (1990 SERIES) Page Two i the foregoing resolution was passed and adopted this 6th day of June , 1990. or Ron Dunin ATTEST: D��4 Pamel Voges, dity Clerk APPROVED: John Du n, City Administrative Officer DH \pccrpt EXHIBIT "A" Agency San Luis Obispo Vocal Arts Ensemble $3,500 Cuesta College Community Ed. and Services 850 Music and Arts for Youth 3,500 Cuesta College Art Gallery 21400 Pacific Reperatory Opera 21400 Cal Poly Foundation for the Arts 31260 Mozart Festival 61500 La Fiesta 5,000 San Luis Obispo Art Association 71000 San Luis Obispo County Youth Symphony 31000 San Luis Obispo County Symphony 61500 ARTernatives 61000 San Luis Obispo Little Theatre 61000 San Luis Obispo Gold Coast Chorus 31000 San Luis Obispo County Band 2,500 TOTAL $61,410 o ., ,� �,,� ,� G RESOLUTION NO. 6821 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1877 LOCATED AT 2936 -2976 ROCKVIEW PLACE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findincts. That this council, after consideration of the tentative map of Tract 1877 and the Planning Commission's recommendations, staff recommendations, and reports thereof, makes the following findings: 1. The design of the tentative map and proposed improvements will not adversely affect the health, safety, or welfare of persons living or working in the vicinity. 2. The design of the tentative map and proposed improvements are consistent with the general plan. 3. The design of the tentative map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvements will not conflict with easements for access through (or use of property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration, with mitigation. SECTION 2. Conditions. The approval of the tentative map for Tract 1877 be subject to the following conditions:. 1. The subdivider shall submit a final map to the city for review, approval, and recordation. 2. The subdivider shall construct a public storm drain in Rockview and Sweeney, which connects the existing storm drains per an approved plan on file in the office of the City Engineer (public improvement plans for MS 88 -223). Resolution No. 6821 (iggo Series) Tract 1877 Page 2 3. All lots shall be graded to conform to the grading plan approved for MS 88 -223 and use permit U1434 to the satisfaction of the City Engineer. 4. No occupancy shall be granted prior to recordation of the final map, or the condominium conversion process must be followed. 5. The subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by the City Attorney and Community Development Director prior to final map approval. The CC &R's shall contain the following provisions: a. Creation of a homeowners' association to enforce the CC &R's and provide for professional, perpetual maintenance of all common areas including private driveways, utilities, drainage, parking lot area, walls and fences, lighting, laundry facilities, and landscaping in a first class condition. b. Grant to the city the right to maintain common area if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred and the right of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map are met. C. No parking except in approved, designated areas. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. Prohibition of storage or other uses which would conflict with the use of garages and uncovered parking spaces for parking purposes. f. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage of inoperable vehicles. g. No outdoor storage by individual units except in designated storage areas. h. No change in city - required provisions of the CC &R's without prior City Council approval. Resolution No. 6821 (1990 Series) Tract 1877 Page 3 i. Homeowners' association shall file with the City Clerk the names and addresses Of all officers of the homeowners' association within 15 days of any change in officers of the association. 6. The subdivider shall dedicate to the city a ten = foot -wide strip of property contiguous with the northerly right -of- way line of Sweeney Lane, as shown on the tentative map, for public right -of -way purposes. 7. The subdivider shall construct street frontage improvements consisting of curb, gutter, sidewalk, and street paveout on Rockview Place and Sweeney Lane, to the satisfaction of the Public Works Department. On motion Of Councilman Reiss , seconded by Councilwoman RapRa , and on the following roll call vote: AYES: Councilmembers Reiss, Rappa, Pinard, Roalman, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this hrh day Of Tina , 1990. ATTE City erk Pam o es Resolution No. 6821(1990 Series) Tract 1877 Page 4 APPROVED: ity Ad inistrative Officer G RESOLUTION NO. 6819 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION TO APPROVE A TWENTY PERCENT MIXED USE PARKING REDUCTION AT 2015 AND 2121 MONTEREY STREET (THE APPLE FARM) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the applicant's request A164- 90, the appellants' statements, the Planning Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The proposed 20% parking reduction is not likely to adversely affect the health, safety, or welfare of persons visiting, living or working at the site or in the vicinity. 2. The proposed 20% parking.reduction is appropriate because the mix of uses on the site, namely motel and restaurant, results in a reduced peak parking demand for each use because a given parking space often serves patrons of both uses. SECTION 2. Conditions. The request for approval of a twenty percent mixed use parking reduction at 2015 and 2121 Monterey Street is hereby approved, subject to the following conditions: 1. A 20% reduction in required parking is hereby approved. A minimum of 168 vehicle parking spaces, 8 motorcycle spaces and 8 bicycle spaces (of .which 2 spaces shall be lockable storage lockers) shall be available at 2015 and 2121 Monterey Street at all times for employees, customers and guests of the uses on site. 2. Outdoor dining use at 2015 Monterey Street shall be limited to 640 square feet at the restaurant deck and 485 square feet at the Millhouse deck, as shown on attached Exhibits A and B. 3. The following restrictions shall apply to the Millhouse bgJI Resolution No. 6819 A164 -90 Page 2 dining deck: ' : (1990 Series) a. No alcoholic beverage service shall be allowed. b. No menu food services shall be allowed. Food service shall be "to go ", "box" lunches or buffet style only, primarily serving groups. This use of the Millhouse deck shall be allowed only between the hours of 10:00 AM and 2:00 PM. C. Hours of operation for all other uses of the Millhouse deck shall be 10:00 AM to 7 PM. d. No outdoor- music, live or recorded, or entertainment of any kind shall be allowed at any time. 4. Applicant shall submit an agreement to the city for review, approval and recordation indicating that use of outdoor deck dining shall cease under any one of the following conditions: a. When the Community Development Director determines that available parking is insufficient for the use; b. When the Community Development. Director determines that outdoor deck dining use is contributing to a significant parking problem; or C. Upon the expiration or sooner termination of the off -site parking on and agreement. The applicant shall further agree to notify the Community Development Director, in writing, if off -site parking is not available. 5. Use permit shall be reviewed on November 1, 1990, and upon receipt of any reasonable citizen complaint, the Community Development Director shall schedule this use permit for review. At such review, the Director may add, delete, or modify use permit conditions, or may revoke the use permit. All property owners within 300 feet of the subject property shall be given written notice of any such review. 6. The property shall be maintained in a neat and orderly manner. All plant materials, building exteriors and parking lot improvements shall be maintained, repaired or replaced as necessary. 7. Approval of this use permit supersedes use permit A96 -84. Resolution No. 6819 (1990 Series) _ A164 -90 Page 3 _ 7. Approval of this use permit supersedes use permit A96 -84. On Motion Of -- Councilwoman yPinard seconded by Councilman Roalman - and on the following roll call vote: AYES: Councilmembers Pinard, Roalman, and Reiss NOES: Councilwoman Rappa ABSENT : ':14ayoraDunin the foregoing resolution was passed and adopted this 6th day of June , 1990. Mayor Ron Dunin ATTES ' l Q V l City clerk Pao Voges APPROVED: i Resolution No. 6819 A164 -90 Page 4 C. y inistrative Officer (1990 Series) Community Development Director JLl:restr182.wp L Q .c c Q . O F•- :a m CL _ ti W L N cc ol 4 A .• T �o 4 � • v i 0. i i j fro °� S,y/rfQ 1 I O su _ J V v p I rl N I r �1 I ,.n I 1 Y ; � W 4 I �I J P 1 W- 1 i .j 1 .-o u Q CJ � ti Y Q v W I� i i j fro °� S,y/rfQ 1 I O su _ J V v p I rl N I r �1 I ,.n I 1 Y ; � W 4 I �I J P 1 W- 1 i .j 1 .-o u 2 � V � i i j fro °� S,y/rfQ 1 I O su _ J V v p I rl N I r �1 I ,.n I 1 Y ; � W 4 I �I J P 1 W- 1 i .j 1 .-o u ti • O RESOLUTION NO. 6818 (1990 SERIES) RESOLUTION OPPOSING ASSEMBLY BILL 4298 WHEREAS, the City of San Luis Obispo is committed to implementing recycling and waste reduction plans and programs in order to meet the requirements of the California Integrated Solid Waste Management and Recycling Act (AB 939, 1989); and WHEREAS, Assembly Bill 4298 by Assembly Speaker Willie Brown would, if adopted, dismantle the processing fee provision of the state's beverage container recycling and litter reduction act as agreed to by industry, environmentalists, recyclers and local government officials in 1986; and WHEREAS, the processing fee requires beverage container manufacturers to pay the cost of recycling their containers when the scrap value is not sufficient; and WHEREAS, the net cost of recycling glass and plastic beverage containers in California in 1989 was in excess of $10 million, and in 1990 is projected to be $15 million. The deletion of the processing fee as proposed in AB 4298 will require recyclers and local government to cover that cost and in effect subsidize the recycling of glass and plastic beverage containers. NOW, THEREFORE, BE IT RESOLVED, the City of San Luis Obispo 1. Opposes Assembly Bill 4298 currently moving through the state legislature. 2. Conveys our opposition to AB 4298 to Assembly Speaker Willie Brown, our assembly and senate representative, and the California League of Cities and County Supervisors Association of California. R ARIA RESOLUTION NO. 6818 PAGE TWO (1990 SERIES) 3. Directs our legislative representative to join with representatives of the League of Cities, Sierra Club California, the Planning and Conservation League, the California Resource Recovery Association, the Northern California Recyclers Association and Californians Against Waste in working to defeat AB 4298. Upon motion of Counri lmnn Rnalman , seconded by Councilwoman Pinard and on the following roll call vote: AYES: Coimcilmembers Roalman, Pinard, Rappa, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this 6th day of June , 1990. yor Ron unin ATTEST• Pam Vogue, City C k RESOLUTION NO. 6817 (1990 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING COMPENSATION FOR THE CITY ADMINISTRATIVE OFFICER WHEREAS, the City Council establishes the salary range for, among other positions, the City Administrative Officer in the Managerial Compensation Plan for Appointed Officials (Resolution No. 6604 - 1989 Series): and WHEREAS, by Resolution No. 6198 (1987 Series), the City Council appointed John Dunn as City Administrative Officer, and WHEREAS, the City Council has evaluated compensation factors for the City Administrative Officer under Section 5 of the Managerial Compensation Plan and the Appointed Officials Process Plan for Appointed Officials (Resolution No. 6604 - 1989 Series): WHEREAS, by Resolution No. 6686 - 1989 Series, the City Council established compensation for City Administrative Officer John Dunn. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective the first pay period in April 1990, the City Administrative Officer's salary shall increase from $6,400 per month to $6,900 per month. SECTION 2. All other compensation and benefits afforded the City Administrative Officer under the Appointed Officials Compensation Plan (Resolution No. 6604 - 1989 Series), and the City Administrative Officer Employment Agreement (Resolution No. 6198 - 1987 Series) not superseded by the above, shall remain in full force and effect. SECTION 3. The City Council shall evaluate the performance of the City Administrative Officer at the mid -year review. 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 R 6817 Resolution No. 6817 (1990 Series) Page 2 The foregoing Resolution was passed and adopted this 6th day of :Tune 1990. AYOR RON DUNIN ATTEST: Lull, CITY CLERK PA OGES APPROVED: City AdrAinistrative Officer 0 v I't A CF ersonnel Director (� � `�� � � • � J � �� � . �' � �; �� �� v J RESOLUTION N0. 6816 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CITY ADMINISTRATIVE OFFICER TO NEGOTIATE AND AWARD A CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE GROUNDWATER BASIN EVALUATION WHEREAS, the City of San Luis Obispo is actively engaged in a program to develop and manage the groundwater basin; and WHEREAS, the City is in the fourth year of a water shortage; and WHEREAS, the City has declared a water_- emergency.and implemented a mandatory 35 percent water conservation program; and WHEREAS, the City Council has declared water the number one priority and directed staff to evaluate all potential water sources. NOW, THEREFORE, BE IT RESOLVED that the Council authorizes the City Administrative Officer to negotiate a contract for professional engineering services for the Groundwater Basin Evaluation and to award the contract if the cost does not exceed $32,155. On motion of Councilman Roalman , seconded by '.Councilwoman Pira.rd and on the following roll call vote: AYES: Councilmembers Roalman, Pinard, Rappa, Reiss, and Mayor Dunin NOES: None ABSENT: None the following resolution was passed this 6th day of June , 1990: t C MAYOR RON DUNIN ATTEST: CITY 'CLERK PAM R 6816 (A- 46- 90 -CCN Resolution No. 6816 (1990 Series) APPROVED: UTILITIES DIRECTOR afaAA JUL� WATER DIVISION MANAGER rtl4y �J C RESOLUTION NO. 6815 t (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND KCBX, INC. (KCBX) FOR THE LEASE OF A SITE FOR AN EARTH STATION RECEIVE ONLY FACILITY AT THE CITY WASTEWATER TREATMENT PLANT WHEREAS, KCBX is a non - profit public service radio station, and WHEREAS, KCBX has been a lessee of good record since January 2, 1979, at the treatment plant site, and WHEREAS, the City wishes to continue lease of the site for the purposes of. an earth station receive only facility for KCBX. NOW, THEREFORE, be it resolved, the City Council of San Luis Obispo does hereby approve that certain agreement between the City of San Luis Obispo and KCBX, Inc, (KCBX) for lease of a site at the wastewater treatment plant. Upon motion of Councilman Roalman and 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 6th day of June , 1990. Dunin ATTEST: City Ci rk Pam Vo s R 6815 (A- 43- 90 -CC) ��� a • �� ���a �� .� Now Ar A-43-90-CC LEASE This agreement, made and entered into this 6th day of June, 1990, by and between THE CITY OF SAN LUIS OBISPO, a municipal corporation and political subdivision of the State of California ( "City ") and KCBX, INC., a California non - profit corporation, operator of Radio Station KCBX ( "KCBX") WITNESSETH: 1. City leases to KCBX, and KCBX hires from City, certain real property located in the City of San Luis Obispo, San Luis Obispo County, California, being such portion of the premises of the San Luis Obispo City Waste Water Treatment Plant, as previously incorporated in the lease dated January 2, 1979 and incoported herein by this reference as though herein set forth in its entirety. 2. This lease shall be for a term of ten (10) years, commencing on June 6, 1990 and ending on June 1 , 2000 . 3. KCBX agrees to pay City as rent for this lease the sum of ONE DOLLAR AND N01100 ($1.00) per year during the term of this lease which rent shall be payable annually during the term of this lease. 4. KCBX shall have the option to renew this lease on the same terms and conditions as appear herein on the expiration of the term of this lease for an additional term of ten (10) years. A- 43 -90 -CC Agreement with KCBX Page 2 KCBX shall give City notice of its intention to exercise the foregoing option not less than sixty (60) days prior to the expiration of the term of this lease. 5. City shall be entitled to make any use of the leased premises which is not inconsistent with the purposes for which this lease is made, and in this respect City hereby specifically agrees that neither it or its agents, employees, or assigns, whomsoever, shall perform any act either on the leased premises or on the premises on which the leased premises are a part which will impair or interfere with the use of the leased premises as a radio signal receiving site by KCBX. 6. KCBX shall be entitled to use the premises herein leased solely for the purpose of installing and operating on the premises a National Public Radio Earth Station Receive Only Terminal facility as may be necessary or convenient for the reception of satellite radio signals. 7. City shall provide a right -of -way affording KCBX reasonable ingress and egress to the premises being leased.: KCBX shall improve, if necessary, and maintain the right -of -way provided. KCBX shall also be entitled to an easement for full utilities and telephone on, over, and across the right -of -way provided. 8. KCBX shall pay before delinquency all taxes, assessments, licenses, and other charges that are levied and assessed against Agreement with KCBX Page 3 KCBX's personal property installed on or located in or on the leased premises and against the real property leased - under this agreement, including any and all possessory interest taxes that become payable during the time of this lease. This clause shall not be construed to impose upon KCBX any duty to pay any taxes attributable to property not owned or used by it. 9. KCBX shall make all arrangements for and pay for all utilities and services furnished to or used by it on the leased premises, including, without limitation, gas, electricity, water, telephone service., and trash collection, and for all connection charges. 10. KCBX shall not assign this lease in whole or in part nor sublet the premises in whole or in part without the written consent of City first had and obtained. City shall be under no obligation to grant said consent. Any dissolution, merger, consolidation, or other reorganization of KCBX shall be deemed to be a voluntary assignment within the meaning of this clause. 11. No interest of KCBX in this lease shall be assignable by operation of law. Each of the following acts shall be considered an involuntary assignment: (a) If KCBX is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a Agreement with KCBX Page 4 proceeding under the Bankruptcy Act in which KCBX is adjudicated a bankrupt; (b) If a writ of attachment or execution is levied on this lease; (c) If, in any proceeding or action to which KCBX is a party, a receiver is appointed with authority to take possession of the premises. Any involuntary assignment shall constitute a default by KCBX and City shall have the right to elect to terminate this lease, in which case this lease shall not be treated as an asset of KCBX, except that KCBX shall have sixty (60) days in which to cure any default as defined above by terminating any bankruptcy or insolvency proceedings, releasing any writ of attachment or execution, and terminating the power of any receiver appointed with authority to take possession of the premises. 12. KCBX, as a condition to any rights under this lease, must establish and maintain its qualifications as a.non- profit organization under California State Franchise Tax laws. 13. KCBX agrees to keep said premises in a clean, wholesome condition, free from rubbish, garbage and like accumulations of waste, and KCBX agrees at all times to comply with all State, federal and local rules and regulations with reference to the operation and occupation of the premises in the conduct of the Agreement with KCBX Page business thereon, and to use its best efforts to keep down and to prevent the spread of all noxious weeds and pests, except it shall have no responsibility in these respects for the acts of anyone other than itself, its agents, and its employees. 14. City shall have the right at all reasonable times to enter upon the premises for the purpose of inspecting the same, determining that all the terms, covenants and conditions of this lease are being kept and performed by KCBX. 15. KCBX shall hold City harmless from any and all damages arising out of any damage to any person or property occurring in, on or about the leased premises, except that City shall be liable to KCBX for damage resulting from the acts or omission of City or its authorized representatives. City shall hold KCBX harmless from all damages arising out of any such damage. The parties' obligation under this clause to indemnify and hold the other party harmless shall be limited to that sum which exceeds the amount of insurance proceeds, if any, received by the party being indemnified. Lessee at its cost shall maintain public liability and property damage insurance with a single limit of $1,000,000..00 insuring against all liability of KCBX and its authorized representatives arising out of and in connection with KCBX's use or occupancy of the premises. The insurance provided shall be primary to City's insurance.coverage. All public C; Agreement with KCBX Page 6 liability insurance and property damage insurance shall insure performance by KCBX of the indemnity provisions of this clause. The parties hereto hereby release each other from any and all claims which either may have against the other which may supply the basis for a subrogation claim by anyone insuring either. 16. Time is of the essence of this agreement. 17. Notwithstanding any provisions herein to the contrary City reserves the right to terminate this agreement without cause on six (6) months written notice to KCBX. In the event of a termination under the provisions of this section or under the provisions of any other section herein, within thirty (30) days following the termination date KCBX shall remove all its equipment and other materials from the leased premises and shall return the leased premises and appurtenances, including but not limited to irrigation systems, to the condition which existed thereon prior to the execution of this agreement, all subject to the approval of City Administrative Officer or designee and at expense of KCBX. 18. Each of the terms, covenants, conditions of this lease are mutual and dependant, and any breach of any of the said terms, covenants or conditions shall constitute grounds for the termination, cancellation, or forfeiture of this lease. In the event of any such breach of any of the terms, covenants, and t Agreement with KCBX Page 7 conditions hereof, City shall have the right to re -enter the said premises, with or without the use of legal process, and may thereafter have and hold the same as in their first and former state, free from any rights or claims of KCBX by reason of this lease; provided, however, that KCBX shall have a reasonable opportunity in which to cure any defaults of any of the terms, covenants, or conditions of this lease. 19. In the event it becomes necessary for City to commence any action or proceeding in law or equity to collect any payments of rental due herein, or to enforce any of the other terms, covenants, or conditions hereof, or to declare a forfeiture of this lease, or to enforce any other right of City under the terms of the lease, KCBX agrees that in such event it will pay all costs of such suit, action, or proceedings, including a reasonable amount as and for attorney's fees, if City shall prevail in any such proceedings. 20. This lease shall be subject to and subordinate to all laws, rules and regulations of the Federal Communications Commission, the United States, the State of California and City of San Luis Obispo, including any and all conditions imposed by the City Council and City boards and commissions. T �j Agreement with KCBX Page 8 �1 21. This lease shall extend to and be binding upon the parties hereto, their representatives, assigns and successors, whomsoever. 22. Any notice required or permitted to be given or served under the terms hereof shall be deemed to be delivered and served when deposited in the United States mail, certified mail, return receipt requested, postage prepaid, addressed as follows: CITY: City of San Luis Obispo 955 Morro Street San Luis Obispo, CA 93401 KCBX: KCBX, Inc. 4100 Vachell Lane San Luis Obispo, CA 93401 23. This lease contains the entire agreement of the parties on the matters covered and it may not be modified except by a writing signed by the parties hereto. 24. This lease shall be subject to the approval of the Federal Communications Commission of the United States, and should the Federal Communications Commission refuse to approve this lease, then the rights of the parties hereto shall cease and determine, and this lease shall be of no further effect. Lessee hereby agrees to make application for the foregoing approval forthwith on the application on this and prosecute the application diligently. V IN WITNESS WHEREOF, the parties have executed this lease on the date first above written. KCBX, INC. By: Chairman of the Board of Directors KCBX, Inc. CITY OF SAN LUIS OBISPO, a municipal corporation e t— Mayor Ron Dunin ATTEST: Cit Clerk Pam' oges C.. �ity Ad inistrative Officer Finance Director � 1 1 Utilities Director RESOLUTION NO. 6814 �J (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING THE LATE CLAIM APPLICATION OF THE ESTATE OF A.J. DEVAUL WHEREAS, the alleged damage to A.J. DeVaul specified in the late claim is alleged to have occurred on June 2, 1989; and WHEREAS, A.J. DeVaul died on November 2, 1989 and Evelyn DeVaul is chronically afflicted with Alzheimer's Disease; and WHEREAS,the Estate of A.J. DeVaul has timely filed an application to file a late claim for damages with the City of San Luis Obispo NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the late claim application filed by the Estate of A.J. DeVaul be granted. On seconded by roll call v Ayes: Noes: Absent: motion of Councilwoman . and on Councilmembers Roalman, Pinard, Rappa, Reiss, and Mayor Dunin None None the foregoing Resolution was passed and adopted this 6th day of June , 1990. �- MAYOR RON DUNIN ATTEcrO City qlerk Pam joges APPROVED: Cit Admint'strdtive Offi r R 6814 RESOLUTION NO., 6814 Page 2 'fN§t-S6flhdl Directojr RM ce 0 0 RESOLUTION NO. 6813 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ENDORSING PROPOSITION 1161 THE CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT OF 1990 (INITIATIVE) WHEREAS, the City of San Luis Obispo finds that public transportation improvements result in enhanced public safety and mobility, cleaner air, less energy use, and less congestion on already overcrowded streets and highways; and WHEREAS, the Clean Air and Transportation Improvement Act of 1990 (Act) would provide $1990 million to improve and expand public transportation throughout California; and WHEREAS, the Act is compatible and consistent with the transportation package placed on the ballot by the Governor and State Legislature, and will thereby result in implementation of part of an overall transportation plan which will provide cleaner air and better transportation for all Californians; and WHEREAS, the Act would benefit San Luis Obispo County by providing approximately ten million dollars to the region for critically needed transportation improvements; and WHEREAS, the Act creates a trust fund for the Transportation Planning and Development Account which will prohibit the current practice of reappropriating transit funds to the General Fund and which will.provide full appropriation of state Transit Assistance Funds to all counties including San Luis Obispo County; NOW, THEREFORE, BE IT RESOLVED, that the City of San Luis Obispo does hereby endorse the passage of the Clean Air and Transportation Improvement Act on the June 1990 ballot. R 6813 Resolution No. 6813 (1990 Series) Page Two On motion of Councilman Roalman , seconded by Cmin ilman Reiss and on the following roll call vote: AYES: Councilmembers Roalman, Reiss, and Mayor Dunin NOES: Councilmeinbers Pinard,an.d-?Rappa ABSENT: None the foregoing resolution was passed and adopted this 22nd day of Mae , 1990. ATTEST: CITY C PAM VOGIt RESOLUTION NO. 6812 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ENDORSING PROPOSITIONS 111 (SCA 1) AND 108: THE TRAFFIC CONGESTION RELIEF AND SPENDING LIMITATION ACT OF 1990 WHEREAS, the City of San Luis Obispo concurs that the State of California faces serious fiscal policy problems which threaten the critical areas of education, transportation, health services, law enforcement, senior programs and other taxpayer services rf . thereby endangering the state's current and future economic health; and WHEREAS, SCA 1 would alter the Gann spending limit to allow the state greater flexibility in making use of all available revenues generated by California'-s strong economy; and WHEREAS, SCA 1 would allow the state to raise the gasoline tax and truck weight fees as approved in SB 300 and AB 471 (1989) to provide increased funding for maintenance and improvement of highway and mass transit projects without reducing funds for other state programs; and WHEREAS, SCA 1 would provide approximately $16 million to fund currently programmed State Highway projects, another $71 million for other necessary long term transportation improvements in San Luis Obispo County, an increase in gas tax subventions to local jurisdictions, an environmental enhancement grant fund, and provide a guarantee of County Minimum funding pursuant to Section 188 of the Streets and Highways Code; and fi 6812 Resolution No. 6812 (1990 Series) Page Two WHEREAS, Proposition 108 will provide the funding needed to support the rail programs outlined under Proposition 111; and WHEREAS, SCA 1 would continue the guarantee of Proposition 98 that R -12 and the community colleges receive 40% of the state budget; and WHEREAS, without a change in the Gann spending limit, it will be impossible to maintain and improve local streets and roads and state highways; and WHEREAS, SCA 1 is supported by a board coalition including Governor George Deukmejian, State Superintendent of Schools Bill Honig, California Taxpayers Association, California League of Women Voters, California Assocation of Highway Patrolmen, California School Boards Association, County Supervisors Association of California, California Transportation Association, California Chamber of Commerce, League of California Cities, University of California. Board of Regents, California state University Board of Trustees, and many others; and WHEREAS, reduction in the state's traffic congestion will require substantial investments in alternative methods of transportation including the expansion and construction of mass transit facilities; NOW, THEREFORE, BE IT RESOLVED, that the City of San Luis Obispo does hereby endorse the passage of Propositions 111 (SCA 1) and 108, the Traffic congestion Relief and Spending Limitation Act of 1990 on the June 1990 ballot. Resolution No. 6812 (1990 Series) Page Three On motion of Councilman Roalman seconded by Councilman Reiss , and on the following roll call vote: AYES: Councilmembers Roalman, Reiss, and Mayor Dunin NOES: Councilmembers Pinard and Rappa ABSENT: None the foregoing resolution was passed and adopted this 22nd day of May 1990. �LG a J YOR RON DUNIN ATTEST: uttt� CITY C ERR PAM OGES 9k 4t # RESOLUTION NO. 6811 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A VISUAL ART'S IN PUBLIC PLACES PROGRAM BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Title and Content. The City Council hereby adopts the "Visual Arts in Public Places" program as described in Exhibits "A" and "B" of the Community Development Department staff report dated May 1, 1990. SECTION 2. Definitions. For the purposes of this resolution, the following terms are defined as follows: (1) "Visual Art in Public Places" or "Public Art" means any visual work of art displayed in a publically visible location: (a) in a City-owned area, (b) on the exterior of any city-owned facility, (c) within any city-owned facility in areas designated as public area, lobbies, or public assembly areas, or (d) on non -city- owned property if the work of art is installed or financed, either wholly or in part, with city funds or grants procured by the City; and if on private property, secured by a public art agreement between the City and the landowner. (2) "Work of Art" includes, but is not limited to, sculpture, monument, mural, fresco, bas- relief, mobiles, photography, drawing, handcrafts, painting, fountain, landscape composition, banners, mosaic, ceramic, weaving, carving, and stained glass. "Work of art" is the creative result of individual or group effort, and is either unique or of limited -issue nature, and is normally not mass - produced or intended primarily for a commercial market. "Work of art" does not normally include landscaping, paving, architectural ornamentation, or signs as defined by Chapter 15.40 of the Municipal Code. (3) "Capital Construction Project' means any project listed in the City's Financial Plan Capital Improvement Program, and paid for wholly or in part by the City of San Luis Obispo for public benefit. "Capital construction project" includes, but is not limited to building construction, addition, and remodel; parks; plazas; creek improvements and flood protection projects; bridges; streets, sidewalks, bikeways, trails other public transportation improvements; parking facilities, and similar public facilities as determined by the Community Development Director. (4) "Construction Cost" means the cost in dollars, as approved by the City Council or the City Administrative Officer, to construct a project. "Construction Cost" shall not include land acquisition, design, operation, or maintenance costs. R 6811 Resolution No. 6811 (1990 Series) Page 2 (5) "Eligible Project" means a capital construction project which is not exempt under the provisions of this resolution, or by City Council or City Administrative Officer action. SECTION 3. Environmental Determination. After City Council review and consideration, the Community Development Director's decision to grant a negative declaration pursuant to the City Environmental Procedures and the California Environmental Quality Act is hereby affirmed. SECTION 4. Percent For Art. One percent (1 %) of the total approved construction cost of eligible capital construction projects shall be expended for the design and installation of public art. SECTION 5. Responsibility For Implementation. The Community Development Director is responsible for administering the program. City departments responsible for the planning, design, and construction of eligible capital construction projects shall include public art in their projects, or shall otherwise meet the requirement through allocation of funds to the Public Art Program as described in Section 6. SECTION 6. Public Art Program. (1) Small capital construction projects, or projects in which the City Council or City Administrative Officer determines that it is not feasible or desirable to include public art due to site limitations or the project's location or design, may meet this requirement through allocation of one percent (1 %) of their construction cost as an in -lieu contribution for citywide public art; (2) The Finance Director shall establish and maintain a Public Art Program in the Capital Improvement Plan for such a purpose; and (3) Program funds shall be used for the design, fabrication, and installation of public art, pursuant to the Visual Arts in Public Places Program, Exhibits "A" and "B ". Resolution No. 6811 (1990 Series) Page 3 SECTION 7. Exempt Projects. The following types of projects are exempt from this percent for art requirement: (1) Utility projects, such as public water or sewer system improvements, pumps, and wells; (2) Underground projects, such as storage tanks and storm drains and similar items; (3) The City Council or the City Administrative Officer may exempt other projects from this requirement upon finding that: (a) installation of public art would be detrimental to public health, safety, or welfare; (b) the project is not suitable for the inclusion of public art; or is not visible by, used by, or accessible to the public; or (c) The project is itself a public art project. SECTION 8. San Luis Obispo County Arts Council. The San Luis Obispo County Arts Council shall assist the City by evaluating the technical and artistic merit of proposed public art projects by forwarding its comments to the Community Development Director or Architectural Review Commission. This is recognized as an appropriate function for the Arts Council, a non - profit agency, and no City funding is allocated for this advisory service. SECTION 9. Program Evaluation. The City Clerk shall schedule the public art program for Council review within one year of the date of this resolution. At such review, the Council may modify or suspend the program. On motion of Councilman Roalman , seconded by Councilwoman Pinard , and on the following roll call vote: AYES: Councilmembers Roalman, Pinard, Rappa, Reiss, and Mayor Ihmin NOES: None ABSENT: None Resolution No. 6811(1990 Series) Page 4 the foregoing resolution was passed and adopted this 15th day of May . 1990. ATTEST: Resolution No.66811 (1990 Series) Page 5 D/jh/pub-art5.wp _1 �IIIIIIIII��� �IIIIIIIIIIIII�IIIIII CI.W of j San US OBISp0 VISUAL ARTS IN PUBLIC PLACES PROGRAM I. PROGRAM GOALS AND OBJECTIVES A. Goals The City of San Luis Obispo Shall: 1. Preserve and enrich the community's environmental quality by encouraging visual arts in public places for both public and private development. 2. Foster public art to enhance San Luis Obispo's character. 3. Promote opportunities for public participation in and interaction with public artworks and artists. 4. Expand access to the arts for residents and visitors, with special attention to the needs of under - served audiences, such as children, low- income families, senior citizens, and disabled persons. 5. Support a diversity of public art styles, media, programs, and artists through its matching grants program for public art. 6. Encourage public artworks which celebrate and reaffirm the community's historical, socio - cultural, and aesthetic values, and which provide a sense of continuity for future generations. 7. Expand citizen awareness and appreciation of the visual arts as a key part of the community's identity and quality of life. B. Objectives To achieve these goals, the city will: 1. Strongly encourage the inclusion of visual arts in new public and private development projects in the PF, O, C -C, C -R and C -T zones through its development review process. 2. Evaluate, and where appropriate, revise its General Plan, Zoning and Subdivision Regulations and other pertinent policies'and standards to provide incentives for and remove obstacles to public art. . . EY- MBTf A .. - �\ Y Visual Arts in Public Places Program Page 2 3. Develop and implement, in conjunction with San Luis Obispo County Arts Council, administrative policies for public art acquisition, administration, funding and long -range planning. 4. Expand the range and depth of financial support sources for the visual arts, including the possibility of using a portion of an increase in transient occupancy tax or sales tax to support "public arts programs ". 5. Include funding for public art planning and development in the city's Capital Improvement and Capital Reinvestment Programs where feasible, including an on -going matching grant fund for public art. 6. Include public art in new capital projects such as parks, city buildings, public plazas and major street projects; and allocate at least 1 percent of total capital construction costs for the installation of public art. II. GUIDELINES FOR PUBLIC ART Art eludes precise definition or regulation. Art in public context, unlike art in private collections or museums, is linked to the community in complex ways. It both shapes and reflects the community's perception of itself — its character and its values. And it must address and respond to a wider audience than art in museums or private collections. Recognizing this difference, cities and counties have developed various guidelines to encourage the widest possible range of artistic expression, while ensuring that artworks express the community character and values, and meet reasonable criteria applicable to other types of "development projects ". The following guidelines will help artists, citizens, commission and council members and staff understand the city's expectations for public art. They are not intended to unduly restrict creative expression, or limit the types of public art possible. Rather, they are intended to achieve the best possible mating of site and artwork, and guide what is essentially a form of communication between the artist and the community. They are interpreted by the City Council and the Architectural Review Commission, with technical and procedural assistance from the San Luis Obispo County Arts Council. 1. Public art shall be located within the public right -of -way, or shall otherwise be easily visible or accessible from a public right -of -way. 2. The design and placement of public art shall not impede pedestrian or vehicle traffic, or conflict with public or private easements. 3. Public art shall be compatible with the immediate site and neighborhood in terms of architectural scale, materials, land use and the site's historical and environmental context. i Visual Arts in Public Places Program Page 3 4. Public art shall be integrated with the site, and include landscaping, lighting, interpretive information, and other amenities where appropriate. 5. Permanent public art shall be constructed of durable, high -quality materials and require minimal or no maintenance. Temporary public art shall be constructed of materials appropriate to its duration of public display. 6. A wide variety of artistic expression is encouraged. Expressions of profanity, vulgarity, or obvious poor taste are inappropriate. 7. Artwork shall reflect a high level of artistic excellence. 8. Public art shall not directly or indirectly cause adverse environmental effects, or otherwise jeopardize public health, safety or welfare. III. CRITERIA FOR MATCHING GRANT FUNDING The city has established a matching grant fund to encourage public art For every dollar of private investment, the City Council may match the expenditure on a dollar - for -dollar basis. Public art projects receiving matching funds should provide a clear public benefit and advance the city's public art goals.' To achieve this, the city has developed special review criteria. Projects seeking matching grant funds will require City Council approval, as described in Section IV below. The council will use the following criteria in evaluating funding requests: 1. Artwork shall be located 1) on publicly owned property or right -of -way, or 2) on private property if the artwork is secured through a public art easement. 2. Artwork should promote the city's Goals and Objectives for Public Art 3. The applicant has demonstrated sufficient experience and ability to successfully complete the public art project. 4. Projects which make creative and efficient use of resources will be given preference. 5. Artwork shall be consistent with the city's Public Art Guidelines. 6. Artwork designed and /or sponsored by a San Luis Obispo county resident, business or organization will be given preference. 7. The City shall be named as an additional insured and indemnified during construction and installation of the public artwork. 8. Permanent artwork receiving city funds shall become City property. Visual Arts in Public Places Program Page 4 IV. PUBLIC ART REVIEW PROCESS Public art projects shall be reviewed according to the chart shown in Exhibit "B ". All public art shall require review and approval by the City's Architectural Review Commission, except for those public art projects determined by the Community Development Director to be minor or incidental. Hearing, notice and appeal procedures shall be as provided for architectural review, Chapter 2.48 of the Municipal Code. Public art in major City capital projects, or public art projects for which matching city funds are requested, shall require City Council approval. The San Luis Obispo County Arts Council will assist the City in the review of public art. A subcommittee of the Arts Council will, on request by the City, evaluate artworks on their technical and artistic merits, and make recommendations to the Architectural Review Commission and City Council. V. INCENTIVES FOR PUBLIC ART To promote the inclusion of public art in both public and private projects, the City shall undertake, as appropriate, the following actions to implement the Visual Arts in Public Places program: 1. Waive processing and permit fees for public art projects. 2. Increase matching grant funding or allow unused grant funds to accrue from one budget cycle to the next. 3. Consider allowing density bonuses or height exceptions to projects which include public art tied to open space at ground level. For example, a project which included sculpture and mini -plaza might receive height or coverage exception to allow additional floor area comparable to the area devoted to public art. 4. Work with the county and state to explore possible tax incentives for public art. 5. Revise setback regulations (Section 17.16.020) to allow public art within setback areas, with provision allowing direction discretion to require use permits for large artworks, or for those whose placement may have solar, traffic or environmental impacts. 6. Clarify Sign Regulations relative to public art. 7. Minimize public review time by waiving construction permit requirements, where allowed by law, for most types of public art, including: temporary artworks, projects which do not involve significant structural work, and projects which do not affect public health or safety (e.g., the mural or bas- relief on existing wall); and by allowing over - the - counter construction permits Visual Arts in Public Places Program Page 5 for all but structurally complex artworks. 8. Consider allowing public art to meet a portion of the total required common open space in condominium projects. 9. Redefine "structure" in the Zoning Regulations (Section 17.04.410) so that public artworks are excluded for determining setbacks or building/lot coverage. VI. ADDITIONAL TASKS These are additional tasks to be completed as part of a comprehensive public art program, listed in the recommended order of implementation: 1. Establish Administrative Procedures - In addition to public art policies established by the City Council, administrative procedures are needed to support the overall goals of the program These would include: artist selection procedures, community involvement, interagency cooperation, contract preparation, art collection management guidelines, insurance and liability, and conflict resolution. 2. Artist Involvement - The ARC is the primary City advisory body charged with reviewing public art. To assist the ARC in its role, at least one member of the commission should be an artist, or have a strong background in the visual arts. This would help commissioners understand art issues, and provide the technical expertise to understand public art media, techniques, and design implementation. 3. Public Art Brochure - To assist community groups, developers, and citizens, the City will prepare a brochure which explains the public art program: goals and objectives, matching grant funding, and the design review process. The brochure would be made available through the Arts Council, and at the City Community Development and Engineering Departments. 4. Education Program - The success of public art is measured largely by the community's understanding of an and appreciation for this art form as a cultural resource. To promote such understanding, the City will help sponsor an educational program which may include: public art activities in elementary school classes, occasional articles on public art in the SLO Newsletter, San Luis Obispo City/County Library displays, and promotion of public art among civic organizations. 5. Program Evaluation - The public art program should be evaluated on a regular basis, initially one year after adoption (on or before May 15, 1991), and then every 2 years, in conjunction with the city's budget cycle. The written evaluation would describe the status of public art projects, evaluate policies and procedures,. and suggest changes to the program, as appropriate. PUBLIC ART REVIEW PROCESS IF MINOR OR TEMPORARY ARTWORK - - - - - - - - I I I MINOR OR INCIDENTAL ARCH. REVIEW IF IN CRY PARK I I � * I I PARKS & RECREATION - COMMITTEE I I I I I- --------- � i SUBMIT APPLICATION STAFF EVALUATION NOT MINOR OR TEMPORARY ROUTING ARCHITECTURAL REVIEW COMMISSION / / r/00=000/010/00 PERMIT %4/ INSTALL ARTWORK LEGEND NORMAL REVIEW - - - - - SPECIAL REVIEW PUBLIC HEARING IF MATCHING GRANT FUNDING REQUESTED ----- - - - - -- I I I MAJOR CRY FUNDED PROJECTS OR PROMOTIONAL IF APPEALED COORDINATING COMMITTEE I I / * I I CITY �- COUNCIL - EXHIBIT B ___- li� �'� � � � �� - - i RESOLUTION NO. 6,810 (1990 Series) A RESOLUTION.OF THE COUNCIL OF'THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION APPROVING A HOME OCCUPATION PERMI-T FOR PAINTING CONTRACTOR'S OFFICE AT 1921 SAN LUIS DRIVE (A28 -90) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the applicant's home occupation j permit request: A28 -90, the appellants' :'statements, the Planning Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The proposed use will not adversely affect the health, safety, or welfare of persons living or working at the site or in the vicinity, since the office use will not change the exterior appearance or use characteristics of the home. 2. The proposed use complies with zoning requirements for home occupations. 3 -. The proposed use is categorically! exempt from environmental review under the City Environmental Guidelines and the California Environmental Quality Act, Section 15303. SECTION 2. Conditions. The request for approval of a home occupation permit at 1921 San Luis Drive is hereby approved, subject to the following conditions: 1. The business will be conducted entirely inside without altering the appearance of the home, grounds, or accessory buildings. 2. There will be no sales or displays on the premises. R 6810 3. There will no signs other than address and name of residents. Those signs will meet the requirements for the R -1 zone. 4. There will be no advertising which identifies the home occupation by street address or location. 5. The home occupation will not encroach on any required parking, yard, or open space (parking space in a garage is normally required parking). 6. No vehicle larger than a 3/4 ton truck will be used in connection with the home occupation. Parking for vehicles used in connection with home occupation will be provided in addition to parking required for the residence. 7. Activities conducted and equipment or materials used will not change the fire safety or occupancy classification of the premises. Utilities will :not be used in amounts greater than normally provided for residential use. 8. The home occupation will not create noise, dust, vibration, smell, smoke, glare, electrical interference, or other hazard or nuisance. 9. Employees shall not visit the home at any time. 10. Delivery and storage of paint supplies and equipment shall be prohibited. 11. Clients or customers shall not visit the home at any time. 12. Permit shall be subject to review if all conditions are not met, or if any reasonable written complaint is received by the Police Department or Community Development Department. At the review hearing, the Hearing Officer may add, delete, or modify conditions, or revoke the use permit. On motion of Councilman Roalman seconded by Mayor Dunin , and on .the following roll call vote: AYES: Councilman Roalman, Mayor Dunin, Councilmembers Pinard and Reiss NOES: Councilwoman Rappa ABSENT: None 4 the foregoing resolution was passed and adopted this 15th day of may , 1990. Mayor Ron Dimin ATTEST: City Cl rk pam Vog s APPROVED: ity A inistrative Officer i At t. 6/r nX Communitaevelopment Director jh /D /a28- 90cc.wp n � � Cl) . r, V RESOLUTION NO. 6809 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING FEES FOR RETROFIT PROPOSALS , The Council of the City of San Luis Obispo resolves as follows: The city's fee schedule shall be amended to include fees for water conservation offsets (retrofit proposals) of $50.00 for each proposal plus $10.00 for each dwelling, motel room, or commercial restroom to be retrofitted. Additional fees may be charged for other types of retrofit proposals, according to the hourly rates of appropriate city staff. On motion of Councilwoman Rappa , 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 15th day of May , 1990. or n unin ATTE City Clerk Pam es R 6809 Resolution No. 6809 (1990 Series) Retrofit fees Page 2. APPROVED: Utilities Director A�� Finance Director gmD: rtro- fee.wp �'�)? � k x 4 RESOLUTION NO. 6808 (1990 SERIES) A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT FROM THE PLANNING /TECHNICAL ASSISTANCE ALLOCATION OF THE STATE CDBG PROGRAM WHEREAS, the City of San Luis Obispo has reviewed and hereby approves an application for the Women's Shelter Program, Inc., Affordable Housing Development in the amount of $24,000; and WHEREAS, the City Council has reviewed the citizen participation plan. for compliance with federal statue and has determined that this plan was followed for the development of this application, including the execution of the grant agreement should the application be funded; and WHEREAS, the City Administrator is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo does hereby approve the use of General Fund Monies in the amount of $6,000 to be used as the City's Cash Match for this project. Upon motion of Councilwoman Rappa , 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 adopted this 15th day of May, 1990 J i RESOLUTION NO. 6808 (1990 SERIES) Page Two iRTyor Ron Dunin ATTEST: V Pam toges, City lerk APPROVED: City A inistrative Officer AL \womenres `� J � � �� �� � ��-� �� -- - - _ -��. :,;,:.. -1 .� C: State of Calitorr� City of San Luis Obispo CDBG Progrut (Applicant) PLANNING'TECHNICAL ASSISTANCE ALLOCATION ` APPLICATION SUMT�tARY FORM page — of la. APPLICANT; ( Ciry (J County of Sen Luis. ObisIp z. b. Department C-. Street/P.O. Box P -0, 82x 8100 San Luis Obispo Zip 93403 -8100 City -- d. Applicant's Staff Contact Person Alison-Lloyd e. Title Administrative Analyst a. (XJ On Applicant's Own Behalf 5. () Joint Application: and - c., (j On Applicant's Own Behalf and on Behalf of d. ( J On Behalf of LEG— ISLATIVE REPRESENTAT Member of the Assembly a. District Number--Lg h. Name Eric Seastrand C. A d d r e s s —U HiauPra St✓ d. City ca„ f iiic nbi� District Number=_ Name Address City Only f. Phone (805) 549 - 7180_ g. Consultant /Other Public Agency Contact Per -son Scott. Smt th Peoples' Self -Help Housing h. Address 1411 Marsh Street St g 1103 San Luis Obispo, CA 93401 i, Phone. aAnS� 544 - 5.11.1 e. (J For 'Funding from the Economic Development PianningfFechnicai Assistance Allocation: (, (XI For Funding.from the General Planning/Technical Assistance Allocation: Stites for District Number 14 NameKen Maddy _ Address 895 Naoa - City fjolro Ba� -- District Number Name Addre City 1 -3 Member of ConU District Number_ - Name Leon Panetta Address 1160 Marsh St. City Lan L � i nhisnn District Number__ Name Address City q . V 0 11 CITY OF SAN LUIS OBISPO 1990 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION (PLANNING AND TECHNICAL ASSISTANCE SET- ASIDE) PUBLIC PARTICIPATION PLAN It is the intent of the City of San Luis Obispo to provide residents the opportunity to participate in the development of the City's 1990 Community Development Block Grant Program. The City particularly encourages the participation of low- and moderate- income persons who are residents of areas in which CDBG funds are proposed to be used. To facilitate public participa- tton, there will be a minimum of one public meeting and one public hearing prior to the submission of any application. Through public notices, written comment will be encouraged. In addition, there will be a public information _file available for citizen inspection at City Hall. 1. Citizen Participation File: The file will include a copy of the application, all public notices, written comments and responses, and copies of State regulations pertinent to the application. If the program is funded, performance.reports will also be included in the file. The location of this file will be included in all public notices. 2. written Comment: Public comment, including written comment, will be encouraged. All written comments will be responded to in writing and copies of this correspondence will be kept in the Public Participation File. Any written complaint: will be responded to within 15 working days where practicable. 3. Public Meetings and Hearings: a. Public Notice: All public meetings and hear -ings held as part of the 1990 CDBG Program will be advertised, at a minimum, in the local newspaper, the Telegram- Tribune. b. Public Meetings: At least one public meeting will be held during the program desion and application prepara- tion phase for the City's 1990 CDBG application. The initial public meeting will include the provision of information about CDBG funds available, national objectives, competitive rating factors and application time -frames. A public meeting will be held to consider any annual grantee performance or close -out reports as required by Section 7110 of Title 25 of the California Government Code. C. Public Hearings: At least one public hearing will be held by the City Council to approve and authorize submittal to the State of California the completed 1990 CDBG application. % 1 On iD State of Californiu City of San Luis Obispo CDBG Program (Applicants) D p(ANMNGrrEC}�ICA -L ASSISTANCE ALLOCATIONS i7Y ACT(VESCRIFTION FORM Attach one form for i= activity. tvity Tit V 1, Ac — Z, CDBG funds regv ested'for this activity: $ 24. 00 IJ. Page — of _ velo Anent) benefitting the TIC will �tl Describe how the objective of principally r;vP section of this RFP met by this activity. See the Proacam 0biec lies to a Planning/ for the definition of national objective as it app Technical Assistance Activity. See Attached 7a. Total number of households to benefit: 100 . number of household ll s in Targeted Income Group to benefit: Jb. Total Jc. Total numberSQof households in lowest Targeted Income Group to benefit: a. Anticipated environmental level. Exempt from NEPA (CEOA is not applicable). 5, Identify ether p .ann_n.. technical assi.s*_ance funds which will bF committed to this activity during the grant period. 1 \ � q ^.our` So,,Lrce A. Federal S c 0, other state. *_.n. 6,000 City of San Luis Obispo C. Local Cash Ma D. Frivate 5 6 TOTAL ,600 1 \ � q C • 4. Activity Title: ?%omen's Shelter Pro�;;m, Inc. (Affordable Housing Development Amount Requested: 24, 000 - Amount of Cash Match by Applicant: S 6,000 Note: Amount requested may not exceed 530,000. Refer to the General Provisions Seti;- determine minimum cash match required. 5a. APPLICATION CHECKLIST`. LyJ Application Summary Form [)CJ Activity Description Form [4 Activity Budget and Schedule Form Statement of Assurances b. ATTACHMENTS: [X) Resolution by Governing Body [ ] Letters Received and Responses Approving Application (if applicable) (}�] Letter or Resolution Documenting [ J Joint Powers Agreement Cash Match Contribution (if applicable) _ [) Additional Data (if applicable) (X] Letters of Intent or Commitment (if applicable) 6a. Has applicant enacted limitations on residential construction [ J no [X] yes which are not establishing agricultural preserves, not imposed by another agency, or not based on a health and safety threat? b. If the answer to 6a is yes, is the housing element approved by [ J no yes the Department? C. if the answer to 6b is no, is the application for low income (] no (J yes housing? 7. OFFICIAL AUTHORIZED TO SUB`•1IT APPLICATION: Name John Dunn Title City Administrative Officer (Print) Signature Date 1 -4 Q —9 6. Detailed Activity Description. (Attach additional pages as needed. - SEE ATTACHED 11 -a '0 q �,�D •' Activity Description Form 0. City of San Luis Obispo Page 1 of 6 ACTIVITY,DESCRIPTION FORM 3. Describe how the objective of principally benefiting the TIG will be met by this activity. See the Program Objective Section of this RFP for the definition of national objective as it applies to a Planning /Technical Assistance activity. The objective of principally benefiting TIG households will be met because this activity directs CDBG funds towards the planning of a project which, brought to completion, will assist 100% low income households (households below 80% of area median income). Upon completion of the activity (needs assessment, site inventory and feasibility analysis, site negotiation and low interest loan /grant procurement for acquisition and /or rehabilitation) all beneficiaries of the emergency as well as transitional (second stage) housing shall be low income. Historically, 100% of Women's Shelter residents have been low income. 95% have been poverty level households (on or eligible for AFDC) . This is due in part to residents frequent dependence upon spousal income prior to the physical and /or emotional abuse which resulted in their need for alternative decent, affordable shelter. The highest income documented during the previous year was $17,000 for a two person household, which is equivalent to 65% of the area median income for that household size. 6. Detailed Activity Description (Attach additional pages•as needed.) A. DETAILED DESCRIPTION OF PROGRAM DESIGN The purpose of the activity is to enable the Executive Director,- -Board and Long Range Planning Committee of the Women's Shelter Program to work with a non - profit housi -.g consultant over an 18 to 24 month period toward accomplish- ing the following goals: a) reducing the shelter's existing overcrowding situation (an average of 15 women and children per night share a 4- bedroom house; b) increasing the number of women and children they provide housing to (last year 76 SLO households had to be referred to shelter outside the city due to lack of space); c) expandi-:g t'__ procram to include transitional (second stage) ho;:sing inaddi` ion to the emergency housing they currently provide; and d) o ) I Activity Description Form City of San Luis Obispo Page 2 of 6 purchasing a permanent site with low interest loans or grants in order to reduce vulnerability to rent increases and arbitrary lease conditions. The City will enter into a CDBG grant agreement with Women's Shelter Inc., as subrecipient: Women's Shelter Inc. will solicit consulting services of a non- profit housing corporation such as Peeples' Self -Help Housing Corporation to conduct the majori_: of the activity, iii coordination with the Shelter's Executive Director and. 'Long Range Planning Committee. The steps involved in this activity include: 1.. Needs Assessment: The Consultant will complete an assessment to establish the level. and type of residential services needed for battered women and their children.. This assessment w.i1.1 include documentation of the existing need, projection of future need, and evaluation of emergency versus transitional housing needs. 2. Resources Assessment: The Consultant will evaluate the availability of suitable financing mechanisms and grant resources which might, separately or in tandem, enable the Women's Shelter to purchase and /or rehabilitate residential property. This will include a financial analysis of the Women's Shelter operating budget and borrowing capacity. 3. Existing Site Evaluation: The Consultant will complete an assessment of the physical condition of the existing site, including rehabilitation and additional development potential, and evaluate the consequences of .continued occupancy on that site (financial impact, overcrowding, unmet demand etc.). 4. Planning Review: In consultation with the City, the Consultant will review local planning and zoning ordi- dances which would potentially impact site .selection. This would include an assessment of the public review process and its effect upon the desired site anonymity. 5. Preliminary_- Report: This report by the Consultant will include: 1) an assessment of the level and type of housing need and a projection of future need; 2) the feasibility, including a financial analysis, of purchasig a site which meets the emeraencv as well as -- ransitional housing needs of the Women's Shelter; 3) C Activity Description Form E City of San: Luis Obispo Page 3 of 6 land use, zoning and other ordinances which would encourage or inhibit the location of the Women's Shelter; 4) recommendations for meeting the established residential needs of the Women's Shelter, including resource recommendations and preparation of development pro forma.s. 6. Site Identification: The consultant will conduct a site search for existing residential facilities with significant potential. Important factors in site identification will be security of the beneficiaries and economic feasibility. An inventory of potential properties will be prepared with an analysis of various planning, security and financial issues evaluated for each site. This inventory will be reviewed by Women's Shelter Director and Board, and each will be rated according to its .potential. Owner(s) of the highest rated properties will be researched and contacted regarding sale. A long term option to purchase agreement will be negotiated with the owner. During this option period, permanent grant and /or low interest loan financing will be secured. 7. Application. Preparation: at the direction of the City and the Board of Directors of the Women's Shelter, the Consultant will. prepare appropriate applications for funding from private and public resources, such as the Community Development Block Grant or Emergency Shelter Programs. B. DESCRIPTION OF BENEFICIARIES The number of households potentially benefiting from this activity is based upon the sum of city households sheltered on -site last year, and the number of SLO households referred to other shelters outside the city due to overcrowding. As discussed above, the Women's Shelter provides emergency housing to women and their children living in abusive situations In general women are referred to the program by the police and sheriff's department, by the county's victim /Witness Assistance program, or by the local Hotline. All households served in the last calendar year were low- income: the highest verified annual income was $17,000 for a two person household, which is only 65% of the area median income for that household size. 1I .-17�5 Activity Description Form City of San Luis Obispo Page 4 of 6 Co DESCRIPTION OF OTHER ACTIVITIES There is no other facility or program offering affordable emergency or transitional housing to victims of domestic violence in the city. The San Luis Obispo City Housing Authority currently offers one of its apartments for residents transitioning from the Shelter's emergency housing. However this one apartment is substantially less than the estimated need. The City identifies the Women's Shelter in their General Plan (Housing Element) as an important housing resource for the community. To augment the $24,000 CDBG requested, the City will contribute $6,000 in matching funds towards accomplishing this activity.. California Rural Legal Assistance, in coordination with the women's Shelter Program, recently began legal classes for women orienting them to their rights and assisting them to obtain '-restraining orders as necessary. Victim knowledge and ability to obtain these restraining orders is viewed by the Shelter as a positive step toward reducing the incidence of domestic violence. D. DESCRIPTION OF THE PROBLEM The battering of women is common: at least 1.8 million women are battered every year. It is the single major cause of injury to women, exceeding rapes, muggings and even auto accidents. According to a 1982 study, more than one - million women seek medical help for injuries caused by battering each year; 20% of trauma room visits by women are the result of battering. Why not just leave? Fear. Fear of loss of income, loss of shelter, loss of self- respect, fear of further abuse. Domestic violence shelters offer abused and resource -poor women an inmediate alternative to abuse. Annually, more than a half a million women and children seek the safety and support o€- shelter programs. These programs offer shelter, food, counseling, and safety. They offer the abused woman the opportunity to regroup, to step out of a crisis situation, evaluate her resources and plan for the future. Locally, as nationally, the demand for services for battered women and their families is increasing dramatically. In 1985 there were .14 reported instances of spousal abuse in San Luis Obispo County. In 1988 there were 316, a 23 -fold increase over 1985. . One- euarter of the victims served by the victim /witness Assistance program are related to domestic violence. Q � 14 o • Activity Description Form City of San Luis Obispo Page 5 of 6 Resources to support these programs, however, are limited. In some cases, such as the Emergency Shelter Program and Federal Emergency Shelter Program, domestic violence shelters and homeless shelters compete for the same limited funds. Most available funds are limited to operational expenses and do not permit capital acquisition.. Most importantly, the funding expended upon ;housing costs (i.e., the lease), dramatically reduces operating income available for counseling and the other intensive services which are necessary to rebuild dysfunctional lives. The women's Shelter competes in a rental housing market dominated by college students and urban immigrants. Rents are astronomical and rising. Although ideally situated, the existing facility is expensive and inadequate. The facility is overcrowded, housing an average of 15 women and children per night in a four bedroom dwelling. Additionally, in 1989 the Shelter had to direct 76 San Luis Obispo households (women and children) to facilities outside the City (and in many cases outside the County) due to the inadequate size of their current dwelling. Besides needing a larger facility, the Shelter needs to add transitional housing to its Program. Funding sources limit the maximum length of emergency stay, and frequently residents are neither emotionally nor financially prepared for complete independence. The unfortunate result is that many households see no alternative but to return to the abusive situation from which they fled. The addition of several supervised apartments would meet an important housing need and greatly enhance the effectiveness of the Women's Shelter Program. Expansion of their emergency housing component or the addition of transitional housing must consider the long- standing problem of site stability and disproportionate use of operating funds for rental payments. The CDBG activity w311 consider feasibility of purchasing a permanent location utilizing low- interest loan and /or grant funds. E. REASONABLENESS OF COSTS Reasonableness of cost is documented with a letter from People's Self -Help Housing Corporation, a local non- profit housing and community development corporation. PSHHC's letter estimates the cost and describes the basis for arriving at this cost. _.) I�J Activity Description Form F 1 City of San Luis Obispo Page 6 of 6 G. FINAL PRODUCT The final product of the Women's Shelter- CDBG activity will be negotiation of an Option to Purchase Agreement on a permanent suitable site, and preparation of loan /grant applications for acquisition and /or rehabilitation of the property. I ( 1 -1 1 F. PROPOSED TASKS /TIMEFRAME Complete 1. Award Announcement Jul. 23, 1990 2. Fully Executed Grant Agreement (HCD /City) Nov. 1; 1990 3. Local Contracts Executed (City /women's Shelter,Shelter /PSHHC) Dec. 1, 1990 4. Environmental Review Jan. 2, 1991 5. CDBG Program Activity Jan. 2, 1992 Needs Assessment Resources Assessment Planning Review Site ID and Evaluation 6. Preliminary Report - analysis and presentation of data with recommendations to the Women's Shelter Board and Long Range Planning Committee 7. Site Negotiation /Purchase Agreement Jan. 2, 1993 Preparation of Loan /Grant Applications for Acquisition and /or Rehab G. FINAL PRODUCT The final product of the Women's Shelter- CDBG activity will be negotiation of an Option to Purchase Agreement on a permanent suitable site, and preparation of loan /grant applications for acquisition and /or rehabilitation of the property. I ( 1 -1 1 V J L C U c O U v c� cu° v v a c v v u F o c E v y E G U O V L. v w 8 O O N 7 O 3 u C rol L ' N � VI N ..r ...1 i.l m vy_ w C N w ~ \ y ro v ro Z U E av ,>4 a u Z < y y u c u 4 y 7 4 v v d N Lr o 0 Aj v a �. u N ro U A y G O ' 10 U L F 4 d u o S z a N 9 , U W W z 0 E Q W a M M W a E I N N N I,ti x _ co a O _ cr, h VIP z o o c N N N N y 8 O h � N - P-3 O O Ln r Z ' O N N N VY N - N tR N h S � 1 O < CN p N �< - ry N N N h o V � n � ZO v ?� a O2 W ��rt jit 2 .� .m U w Z Z� u Coll Ll n S w v• J U is -i Y Q W S W il JIJ il li C E. :4 C � d "t C J C) r p -_ Ems` Q W ti) v� ci G 0 _ i • Page _ of _ STATE OF CALIFORNIA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STATEMENT OF ASSURANCES The Ciry/CvewRjy of San Luis Obispo hereby assures and certifies that: (n) It possesses legal authority to apply for the grant and to execute the proposed program. (b) Its governing body has duly adopted or passed as an official act or resolution, motion, or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the applicant's chief executive officer or other designee to act in .connection with the application and to provide such additional information as may be required. (c) It has or will comply with all citizen participation requirements, including: 1. Preparation of a written citizen participation plan which includes, at minimum, the following components: . a. Provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which CDBG funds are proposed to be used, and provides for participation of residents in low and moderate_ income neighborhoods as defined by the local jurisdiction; b. Provides citizens with reasonable and timely access to local meetings, information, and records relating to the grantee's proposed use of funds, as required by CDBG regulations, and relating to the actual use of funds under this title; C. Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the grantee; d. Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which _hearings shall he held after adequate notice, at times and locations convenient to potential or actual. beneficiaries, and with accommodation for the handicapped. This shall include one public meeting during the program design, annual performance report preparation, and formal amendments. A public hearing shall be conducted prior to application submittal; e. Solicits and provides o µ e answer practicable; complaints and gritvances, hin l5 working days where and l Iv -1 f. Identifies how the needs of non - English speaking residents will be met in the case of public hearings where a significant. number of non- English speaking residents can be reasonably expected to participate. (d) Its CDBG Program has been developed ,so as to primarily benefit targeted .income persons and households. (e) It consents to assume the responsibilities for environmental review and decision- making in order to ensure compliance with NEPA by following the procedures for "recipients" of block grant funds as set forth in 24 CFR, Part 58, entitled "Environmental Review Procedures for Title I Community Development Block Grant Programs." Also included in this requirement is compliance with Executive Order 11988 relating to the evaluation of flood hazards, and Section 102(a) of the Flood Disaster Protection Act of 1.973 (Pub. Law 93 -234) regarding purchase of flood insurance, and the National Historic Preservation Act of 1966 (16 USC 470) and implementing regulations (36 CFR 800.8). (f) It consents to assume the role of either "Lead Agency" as defined by Section 21067 of the California Public Resources Code, or if another agency is or will be designated "Lead Agency," it consents to assume the role of "Responsible Agency" as defined by Section 21069 of the California Public Resources Code, in order to ensure compliance with CEQA. (g) If has resolved any audit findings or performance problems for prior CDBG grants awarded by an urban county, by HUD under the Small Cities Program, or by the State. (h) It certifies that there is no plan, ordinance, or other measure in effect which directly limits, by number, the building permits that may be issued for residential construction or the buildable lots which may be developed for residential purposes; or if such a plan, ordinance, or measure is in effect, it will either be rescinded before receiving funds, or it need not be rescinded because: 1. it imposes a moratorium on residential construction, to protect the health and safety, for a specified period of time which will end when the public health and safety is no longer jeopardized; or 2. It creates agricultural preserves under Chapter 7 (commencing with Section 51200) of Part 2 of Division 1 of Title 5 of the Government Code; or 3. It was adopted pursuant to a specific requirement of a state or multi -state board, agency, department, or commission; or 4. The applicant has a housing element which the Department of Housing and Community Development has found to be adequate, unless a final order has been issued by a court in which the court determined that it is not in compliance with Article 10.6 of Chapter 3 of Division 1 of Title 7 the Government Code: or Iv -2 u �3�D • • 5. The use of the funds applied for in this application is restricted for housing for the Targeted Income Group. (i) It will comply with the regulations, policies, guidelines, and requirements of OJMB Circular Numbers A -87, A•128, A -102 and A -121, where appropriate, and the State CDBG regulations. 0) It shall comply with_the following regarding nondiscrimination: p. Title VI of the Civil Rights Act of 1964 (Pub. Law 88-352). 2. Title VIII of the Civil Rights Act of 1968 (Pub. Law 90 -284) as amended; and will administer all programs and activities related to housing and community development in a manner affirmatively furthering fair housing. 3. Section 109 of the Housing and Community Development Act of 1974, as amended. 4. Section 3 of the Housing and Urban Development Act of 1968, as amended. 5. Executive Order 11246, as amended by Executive Orders 11375-and 12086. 6. Executive Order 11063, as amended by Executive Order 12259. 7. Section 504 of the Rehabilitation Act of 1973 (Pub. Law 93.112), as amended, and implementing regulations. 8. The Age Discrimination Act of 1975 (Pub. Law 94 -135). 9. The prospective contractor's signature affixed hereon and dated shall constitute a certification under the penalty of perjury under the laws of the State of California that the bi. 'er has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2. California Administrative Code, Section 8103. (k) It will comply with relocation, displacement, replacement housing and real property acquisition policies and requirements applicable to the Community Development Block Grant Program. (1) It will comply with the following regarding labor standards: 1. Section 110 of the Housing and Community Development Act of 1974, as amended. 2. Section 1720 et se q. of the California Labor Code regarding public works labor standards. 3. Davis-Bacon .pct as amended (46 U.S.C. 276a) regarding prevailing wage rates. q -al Iv -3 4. Contract Work Hours and Safety Standards Act (40 USC 327 -333) regarding overtime compensation. 5. Anti - Kickback Act of 1934 (18 USC 874) prohibiting "kickbacks" of wages in federally assisted construction activities. (m) It will comply with the Architectural Barriers Act of 1968 (42 USC 4151) an-, implementing regulations (24 CFR Part 40 -41). (n) It will enforce standards of conduct which govern the performance of its officers, employees, and agents engaged in the administration of contracts funded in whole or in part by the CDBG Program (Section 7120(d) of the State regulations). (o) It will comply with the Hatch Act (5 USC 1501 et sec.) regarding political activity of employees. (p) It will comply with the Lead -Based Paint Regulations (24 CFR Part 35) which prohibits the use of lead -based paint on projects funded by the program. (q) It will, not employ; award contracts to, or otherwise engage the services of any contrator while that contractor is in a period of debarment, suspension, or placement in :ineligibility status under the provisions of 24 CFR Part 24. (r) It will give HUD, the Comptroller General, the State Department of Housing and Community Development, or any of their authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant. (s) It will not attempt to recover any capital costs of public improvements assisted in whole or in part with CDBG funds by assessing properties owned and occupied by targeted income persons unless:, (A) CDBG funds are used to pay the proportion of such assessment that relates to non-CDBG funding or; (B) for the purposes of assessing proper "ties owned and occupied by targeted income persons who are not of the lowest Targeted Income Group, it, does not have sufficient CDBG funds to comply with the provisions of (A) above.. The certification is made under penalty of perjury under the laws of the State of California. CERTIFYING OFFICIAL: John Dunn, Cit.v Administrative Offi-cer Print Name Date — Signature: iV -4 q_- ! v V May 1, 1990 City of San Luis P. O. Box 8100 San Luis Obispo, Obispo CA 93403 -8100 Attention: Alison Lloyd Subject: CDBG Planning and Technical Assistance Application Dear Mrs. Lloyd: This letter confirms Peoples' Self -Help Housing Corporation (PSHHC) interest in carrying out the Women's Shelter activity described in the City's 1990 CDBG application. As noted in the application, PSHHC has worked with the Shelter on a voluntary basis over the past year to achieve their goal of a permanent affordable site for emergency and transitional housing. We estimate that to accomplish this objective, PSHHC would need to assign a professional staff person an average of 1/3 time over a 24 -month perio'd'to assess Women's Shelter long -term financial/ borrowing capacity, client need, evaluate City land use, zoning and permit issues, identify and negotiate a site, and research and obtain funds for acquisition and /or rehabilitation of a suitable site. The cost of this staff person on a 1/3 time basis over a 24- month period is estimated at $30,000. We appreciate City sponsorship of this CDBG application. The Women's Shelter provides an important source of affordable housing to a most vulnerable population group. Sincerely, '4 Sc mith Director of Programs SS:mc Peoples' Self -Help Housing Corp. 1411 Marsh Street, Suite 103 Son Luis Obispo, Coliforno 93401 1 RESOLUTION NO. 6807 (1990 SERIES,) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE MANDATORY WATER CONSERVATION IMPLEMENTATION POLICY STATEMENT WHEREAS, the City of San Luis Obispo has experienced four (4) consecutive years with lower than normal rainfall, which resulted in lower than normal reservoir storage levels. Using historic water hydrology and demand information, the City developed and adopted its Annual Water Operational Plan of 1985 under which reductions in demand are required when predetermined reservoir storage levels are reached. WHEREAS, The City Council acknowledges that water is a limited resource and therefore desires to improve the effectiveness of water use within the City's service area and encourages citizens to use water wisely. To accomplish this, the City will introduce a mandatory water conservation program using the following elements: NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council finds that: 1. Water use classifications are determined and established by the Director of Finance. 2. The customer of record is resposible for the water service and the manner and extent of water use. 3. The City will establish a life -line water usage allowance of 16 units per billing cycle for single family residence. In the event the billing cycle is reduced to a monthly billing cycle, the life -line water usage allowance will be 8 units. 4. The City will establish a maximum allocation of 25 units per billing cycle for single family residence. In the event the billing cycle is reduced to a monthly billing cycle, the maximum allocation will be 13 units.. 5. The City will establish a life -line water usage allowance of 12 units per billing cycle for all other users. In the event the billing cycle is reduced to a monthly billing cycle, the life -line water usage allowance will be 6 units. • 6. The City will establish a mandatory water conservation percentage reduction allotment program for each customer class. 7. The City will establish an op4ional base -line standard water allocation program adjusted by the target for commercial accounts and a city average plus per capita adjustment water allocation program for residential accounts. The following x Resolution (1990 Series) Page 2 conservation targets, alternative Base Units /Standard, and Adjusted Units for.billing units per billing cycle are established by customer class: A. RESIDENTIAL Target Optional Allocation Single Meter 35% 16 units (lifeline) for 3 permanent residents + 2.0 additional units for each additional permanent resident Multi- Family 28% 12 units (lifeline) for 3 permanent residents + 2.0 additional units for each additional permanent resident B. COMMERCIAL 20% Commercial accounts will reduce over -all water consumption by 20 %, ranging from 10 - 25% reduction for each classification. The commercial classifications and the percent reduction for each category will be determined by the Finance Director. C. INSTITUTIONAL /GOW T 40% D. LANDSCAPE 70% 6. To encourage compliance with the mandatory water conservation program, there will be a surcharge added to the water bill if the customer exceeds the required percentage reduction amount. The surcharge will be 100 percent of the total water bill on which the target allocation is exceeded. In the event that the customer's consumption exceeds the base year usage, the surcharge will be 200 percent of the total water bill. If the customer exceeds the allotment on two billing cycles within a twelve month period, a flow - r-estrictor may installed in the customer's water supply line at cost to the customer, or the surcharge may be increased to a higher value. If the customer exceeds the allotment three or more billing cycles within a twelve month period, the City may reserve the right to terminate the water service. Prior to the termination of water service, the City will provide a due process hearing before the water Conservation Adjustment Board. Resolution (1990 Series) Page 3 7. The City, pursuant to Chapter 13.07 of San Luis Obispo Municipal Code which prohibits wasting of water, will impose the following penalties to consumers in violation. The City may: * Issue a written "warning" for the first offense; * Issue a written citation or complaint for the second offense; * Install a flow- restrictor at the cost of the customer- for the third offense, and; * Terminate water service for a fourth offense. Prior to the termination of water service, the City will provide a due process hearing before the Water Conservation Adjustment Board. The charge for water service termination and restoration shall be 200 dollars. 8. The City shall establish a Water Conservation Adjustment Board, which may grant exceptions for uses of water otherwise prohibited by Section 13.07.070. The procedure for filing a request for exception is: * Completely fill out an application form which will be evaluated in accordance with established criteria as approved by the City Administrative Officer. * The first review will be by the Director of Utilities or designees. The customer will be notified of the decision by letter. * If the water customer is not satisfied with the decision, it may be appealed to the Water Conservation Adjustment Board. * If the customer- is not satisfied with the decision of the Water Conservation Adjustment Board, it may be appealed to the City Administrative Officer- whose decision shall be final. 9. Requests for exemptions and any subsequent appeals can only be made by the service customer or property owner. 10. The mandatory water conservation program will be reviewed annually by the City Council in connection with the Annual Water Operational Plan. Current guidelines exist based upon reservoir storage levels which dictate when restrictions will be reduced,increased, or eliminated. . Resolution 6807 ('1990 Series) Page 4 on motion of Councilwoman Raona , seconded by Mayor Dunin , and on the following roll call vote: AYES: Councilwoman Rappa, Mayor Dunin, Councilmembers Reiss and Roalman NOES: Councilwoman Pinard ABSENT None the foregoing Resolution was passed and adopted the 15th day of May , 1990. MAYOR RON DUNIN ATTEST: CITY `CLERK PAMELA V ES APPRO CITY D INIS TO OFFICER FINANCE DIRECTOR UTILITIES DIRECTOR � ��. _ W'r' � �� �� .� ?�� ��� C�'� �� _...:� :;. (C , L ••,•�� �. RESOLUTION NO. 6806 (1990 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING CERTAIN CITY OFFICIALS AND A CITY CONTRACTOR ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO GOVERNMENT CODE SECTION 7056 THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO HEREBY RESOLVES AS FOLLOWS: Section 1. The following City officials are hereby authorized to receive and review sales and use tax transactions, for the City of San Luis from the Board of Equalization: Mayor and Councilmembers City Administrative Officer Director of Finance Section 2. The following independent contractor for the City of San Luis Obispo is hereby also authorized to receive and review sales and use tax transactions for the City of San Luis Obispo. Hinderliter, de Llamas & Associates: Robert Hinderliter, Principal, Lloyd de Llamas, Principal. Section 3. The City of San Luis Obispo hereby certifies that Hinderliter, de Llamas & Associates: A. Has an existing contract with the City of San Luis Obispo to receive sales and use tax records; and B. Is required by that to disclose information contained in, or derived from, those sales and use tax records only to an officer or employee of the City who is authorized by this resolution to examine the information; and C. Is prohibited by that contract from performing consulting services for a retailer during the term of that contract, and D. Is prohibited by that contract from retaining the information contained in, or derived from those sales tax records, after that contract has expired. Section 4. Information obtained by examination of the board of records shall be used only for purposes related to the collection of local sales and use taxes by the board pursuant to the contract, and for Municipal Revenue Forecasting. Section 5. This resolution supersedes previous authorizations. Section 6. The City Clerk shall certify to the adoption of this Resolution and send forward a certified copy to the Board of Equalization. R 6806 Resolution No. 6806 Page 2 u Upon motion of Councilwoman Rappa , seconded by Councilman. Roalman and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this 15th day of May 1990. Mayor Ron Dunin A TEST: f V Pa Voges, Ci APPROVED nn inistrative Officer tor ., V' s' � �a _�' � v� ���� � ( � ��. .� :. f �� o • AGREEMENT N0. 39 -90 -CC AGREEMENT FOR SALES TAX AUDIT AND INFORMATION SERVICES This agreement is made and entered into by and between the CITY OF SAN LUIS OBISPO, a municipal corporation hereinafter called CITY, and HINDERLTTER, DE LLAMAS AND ASSOCIATES a California Corporation, hereinafter called CONTRACTOR. RECITALS WHEREAS, sales tax revenues can be increased through: a system of continuous monitoring, identification and correction of "point of sale" allocation errors and; WHEREAS, an effective program of sales tax management will improve identification of sales tax opportunities as they relate to economic development and provide for more accurate sales tax forecasting; and WHEREAS, City desires the combination of data entry, report preparation, and data analysis necessary to effectively manage the municipal sales tax base and recover revenues erroneously allocated to other jurisdictions and allocation pools; and WHEREAS, Contractor has the programs, equipment and personnel required to deliver the sales tax services referenced herein; THEREFORE, City and Consultant, for the consideration hereinafter described, mutually agree as follows: 1 SERVICES The Contractor shall perform the following services: A. Sales tax and economic analysis 1. Contractor shall establish a special data base that identifies the name, address and quarterly allocations of the major sales tax producers within the City for the most current and previous four quarters from the date of this agreement. Major sales tax producers are defined as those businesses meeting a quarterly revenue threshold determined by City. Since 100% of the business outlets registered with the Board of Equalization are tracked monthly, this major producers data base is designed to highlight the activities of major businesses. A second data base covering the same period will be established showing total sales tax receipts for each business category identified by the Board of Equalization. These data bases will be utilized to generate special reports to the City on; major sales tax producers by rank and category, analysis of sales tax activity by category and business districts or redevelopment areas specified by City, analysis of reporting aberrations, and per capita and outlet comparisons with state wide sales. 2. Contractor shall provide up -dated reports each quarter identifying changes in sales by major outlets and by category; area growth and decline comparisons; and current graphics, tables, and top 100 listings. Quarterly aberrations due to State audits, fund transfers, and receivables along with late or double payments will be identified. 3. Contractor will additionally provide an analysis for the City to share with Chambers of Commerce and other economic development interest groups that analyze City's sales 2 C C tax trends by major groups, and geographic areas without disclosing confidential information. 4. Contractor will provide annual reports for the City Administrative Officer identifying historical growth comparisons with state, county, selected city averages and C.P.I. indices; top producer listings and make up and volatility of the economic base. Annual reconciliation worksheets to assist the Director of Finance with budget forecasting will also be provided. 5. Contractor shall make available to City Staff the HdL DATA computer program and data base containing sellers permit information for all in-city business outlets registered with the Board of Equalization. In addition, contractor shall process for City the monthly registration and allocation files provided by the Board in magnetic media. Printouts of registration changes and dollars allocated by business name and number will be provided from these files on a monthly basis. B. Allocation Audit and Recovery 1. Contractor shall conduct an initial and on -going sales tax audit in order to identify and correct "point -of- sale" distribution errors and thereby generate previously unrealized sales tax income for the City. Common errors that will be monitored and corrected include: transposition errors resulting in misallocation; erroneous consolidation of multiple outlets; misreporting of "point of sale" from the wrong location; delays in reporting new outlets; misidentifying transactions as a "use tax" rather than a "sales tax;" and erroneous fund transfers and adjustments. 3 0 2. Contractor will initiate contacts with the appropriate sales management and accounting officials in companies that have businesses where a probability of error exists to verify whether current tax receipts accurately reflect the local sales activity. Such contracts will be conducted in a manner to encourage local business retention and expansion. 3. Contractor shall prepare and submit to the Board of Equalization all information necessary to correct any allocation errors that are identified and shall follow -up with the individual businesses and the State Board of Equalization to ensure that all back quarter payments due the City are recovered. 4. If during the course of its audit, Contractor finds businesses located iri the City that are properly reporting sales tax but have the potential for modifying their operation to provide an even greater share to the City, Contractor will work with those businesses and the City to encourage such changes. C. On Going Consultation Contractor shall work with City on questions related to tenant mix alternatives for maximum sales tax returns; advise City business license staff on utilization of reports to enhance business license collection efforts; provide sales tax projections on specific projects and city budget purposes; and provide sample reports, letters and programs to enhance the sales tax base. 4 O CONFIDENTIALITY O Section 7056 of the State of California Revenue and Taxation code specifically limits the disclosure of confidential taxpayer information contained in the records of the State Board of Equalization. This section specified the conditions under which a City may authorize persons either than City officers and employees to examine State Sales and Use Tax records. The following conditions specified in Section 7056 (b), (1) of the State of California Revenue and Taxation Code are hereby made part of this contractual agreement.. A. Contractor is authorized by this agreement to examine sales and use tax records of the Board of Equalization provided to City pursuant to contract under the Bradley -Burns Uniform Sales and Use Tax Law. B. Contractor is required to disclose information contained:in, or derived from, those sales and use tax records only to an officer or employee of the City who is authorized by resolution to examine the information. C. Contractor is prohibited from performing consulting services for a retailer during the term of this agreement. D. Contractor is prohibited from retaining, the information contained in, or derived from those sales and use tax records, after this agreement has expired. Information obtained by examination of board records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the City as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and taxation Code. The 5 C resolution shall designate the Contractor as a person, authorized to examine sales and use tax records and certify that this agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code. CONSIDERATION A. Contractor shall establish the sales tax and audit data bases and shall provide the monthly and quarterly updates referenced above for a fee of $600.00 per month, invoiced quarterly. B. Contractor shall be further paid 15% of all new Sales and /or Use tax revenue received by the City as a result of audit and recovery work performed by Contractor.. Said percentage fee will apply to fund transfers received for back quarter reallocations and monies received in the first eight consecutive reporting quarters following completion of the audit by Contractor and confirmation of corrections by the State Board of Equalization. Contractor shall obtain City approval prior to beginning the work of correcting tax reporting methodology or "point of sale" for specific businesses where said payment of the percentage fee will be expected. Said approval shall be accomplished by the City Administrative Officer or his designated representative on the Sales Tax Audit Authorization form, a copy of which is attached as `'Exhibit A." City shall pay audit fees upon Contractor's submittal of evidence of State Fund Transfers and payments to City from businesses identified in the audit and approved by the City, C. Above sum shall constitute full reimbursement to Contractor for all direct and indirect expenses incurred by Contractor in performing audits including the salaries of Contractor's employees, and travel expenses connected with contacting local and out -of- state businesses and Board of Equalization representatives. CITY MATERIALS AND SUPPORT City shall adopt a resolution in a form acceptable to the State Board of Equalization and in compliance with Section 7056 of the Revenue and taxation Code, authorizing Contractor to examine the confidential sales tax records of. City. City further agrees to provide any information or assistance that may readily be available such as business within the City and copies of the monthly sales tax allocation reports received from the board of Equalization. TERMINATION This agreement may be terminated by either party with 30 days written notice. Upon the presentation of such notice, Contractor may continue to work through the date of termination. Upon termination, Contractor shall be paid the value of all tax analysis and reporting work performed in accordance with paragraphs A and B above under "Consideration" less payments previously made. Compensation for any audit work previously authorized and satisfactorily performed shall be made at the times provided in the preceding section entitled "Consideration." All documents, data, surveys and reports prepared by Contractor pursuant to this agreement shall be considered the property of the City and upon payment for services performed by Contractor, such documents and other identified materials shall be delivered to City by Contractor. 7 i INDEPENDENT CONTRACTOR r.� Contractor shall perform the services hereunder as an independent contractor and shall furnish such services in his own manner and method, and under no circumstances or conditions shall any agent, servant, or employee of Contractor be considered as an employee of City. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for covering the Consultant under its workers' compensation insurance program, or otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. NON - ASSIGNMENT This Agreement is not assignable either in whole or in part by Contractor without the written consent of City. ATTORNEY'S FEES In the event a legal action is commenced to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. 3 0 0 GOVERNING LAW The laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this agreement and shall also govern the interpretation of this agreement. INDEMNIFICATION Contractor hereby agrees to, and shall hold City, its elective and appointive boards officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for breach of confidentiality or property damage which may arise from Contractor's negligent acts, errors or omissions under this Agreement. Contractor agrees to and shall defend City and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid negligent acts, errors or omissions. City hereby agrees to, and shall hold Contractor, its officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for breach of confidentiality or property damage which may arise from City's negligent acts, errors or omissions under this Agreement. City agrees to and shall defend Contractor and its officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid negligent acts, errors or omissions. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $500,000 per occurrence for personal injury; and $500,000 per occurrence for property damage. Said E t0 ' & ASSOC'TATFS -139 Agreement to be executed on iorized in that behalf. C) 0 the City of San Luis Obispo as an additional named insured -)hibiting cancellation of said policy except upon thirty (30) of coverage as required by this section shall execution of this agreement. CONTINGENT FEES �BISPO ie has not employed or retained any company or person, other orking solely for the Consultant, or to solicit or secure this t aid or agreed to pay any company or person, other than a wsa ' the Consultant, any fee, commission, percentage, rY�?gF �� 1 Lh . ",ration contingent upon or resulting from the award or violation of this warranty, the City shall have the right S & ASSOCIATES it liability or, in its discretion, to deduct from the contract price or recover, the full amount of such fee, commission, percentage, ngent fee. DISCRIMINATION PROHIBITED .Yard to the work performed by him under this agreement, will not ,ands of race, color, national origin, religion, creed, age, sex or the I or sensory handicap in the selection and retention of employees or .Is or supplies. NOTICE y this Agreement shall be given to City and Contractor in writing, by first ;paid, addressed as follows: CITY OF SAN LUIS OBISPO P. O. Box 8100 San Luis Obispo, California 93403 10 4J Contractor: HINDERLTTER, DE LLAMAS, & ASSOCIATES 150 West First Street, Suite 280 Claremont, California 91711 -4139 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf. Dated this day of 91920. CITY: CITY OF SAN CONTRACTOR: I1 APPROVED AS TO FORM: L dV4 1 W7 11 DE LLAMAS & ASSOCIATES r SAMPLE EXHIBIT A Sales Tax Audit Work Authorization No. SAMPLE The following business or businesses, located in the City of , have been identified as having the potential for generating additional sales tax revenue to the City of Contractor is hereby authorized to contact the given business(s) and the State Board of Equalization to verify the accuracy of the current reporting methodology and obtain the necessary documentation for the Board of Equalization, to modify allocation formulas, and to return previous misallocated revenue that may be due to City. Contractor's compensation shall be 15% of the incremental growth generated by the above business (and /or businesses) for the first eight quarters following completion of work, plus any recovered back quarters. The base shall be the average of the last four quarters of revenue received from the business, if any, less any amounts determined by City or Contractor to be increment attributable to causes other than Contractor's work. Contractor shall provide City with an itemized quarterly invoice showing all formula calculations and amounts due. CITY OF By: - Date. HINDERLITER, DE LLAMAS AND ASSOCIATES a 12 RESOLUTION NO. 6805 (1990 SERIES) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN INCREASE IN COMPENSATION TO PLANNING COMMISSIONERS AND RESCINDING PREVIOUS RESOLUTION NO. 4398 (1981 SERIES) IN CONFLICT. WHEREAS, it is the practice of cities to provide compensation to Planning Commissioners in recognition of their commitment and dedicated service in the performance of official duties, and to help defray costs associated with such service; and WHEREAS, a survey of neighboring cities was conducted that indicated the City of San Luis Obispo Planning Commissioners are paid below the average; and WHEREAS, Planning Commissioners and Architectural Review Commissioners meet regularly twice monthly but are often called upon to meet weekly; and NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that: A) Planning Commission compensation be increased to $25.00 per meeting with a monthly maximum of $100.00. B) Architectural Review Commission Compensation be established at $25.00 per meeting with a monthly maximum of $100.00. C) The City Council shall review compensation for Planning Commission and Architectural Review Commission every four years. 6805 Resolution No. 6805 On motion of (1990 Series) Councilman Roalman , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Roalman, Rappa. Pinard, and Mayor Dunin NOES: None ABSENT: Councilman Reiss the foregoing Resolution was passed and adopted this 15th day of May , 1990. ATTEST: Q-W,� L" CITY LERR PAM V S APPROVED: City A nistrative Officer ,1 WiA o Finance Director ersonnel Director ��� � s ��.�G �. ,f. T RESOLUTION N0. 6804 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1841 LOCATED AT 415 NORTH CHORRO STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 1841 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 R -4 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 proposed subdivision will comply with the requirements of City of San Luis Obispo Council Resolution 6430 (19 88 Series), which authorizes this residential condominium conversion, pursuant to Chapter 17.82 of the Municipal Code. SECTION 2. Conditions. The approval of the tentative map for Tract 1841 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. D tisni. Resolution No. 6804 (1990 Series) Tract 1841 Page 2 3. Subdivider shall provide individual 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., 5. Subdivider shall prepare conditions, covenants, 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. Creation of a.homeowners' association to enforce the CC &R's and provide for professional, perpetual maintenance of all common area including private driveways, drainage, parking lot areas, walls and fences, lighting, and landscaping in a first class condition. b. Grant to the city the right to maintain common area if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right of the city to inspect the site at mutually agreed.times to assure conditions of CC &R's and final map are being met. C. No parking except in approved, designated spaces. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. Prohibition of storage other uses which would conflict with the use of garages for parking purposes. f. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage of inoperable vehicles. g. No outdoor storage by individual units except in designated storage areas. h. No change in city - required provisions of the CC &R's without prior City Council approval. Resolution No. 6804 (1990 Series) Tract 1841 Page 3 i. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association. j. Provision of appropriate "no parking" signs and red- curbing along interior roadways as required by the City Fire Department. 6. Subdivider shall repair and /or replace existing storm drainage facilities to accommodate the ten -year design storm, to the approval of the City Engineer and Community Development Director. Drainage calculations and any plans for revisions or reparis shall be prepared by a licensed engineer. 7. Usable private open space shall be provided with each unit which meets all requirements of Section 17.82.110.) of the Condominium Development and Conversion Regulations. 8. Subdivider- shall evaluate the condition and repair as required to the 'approval. of the Community Development Director, the existing fence and retaining wall at the westerly property line. 9. Subdivider shall retrofit all units with low -flow plumbing fixtures to the maximum extent determined feasible by the Community Development Director. No credit toward water allocations required by Section 17.89.030 of the Municipal Code shall be allowed. 10. Subdivider shall provide constructive notice to prospective condominium buyers that the units may not conform to zoning ordinance setback requirements; and non - conforming units, if damaged or•;'_destroyed- could be rebuilt only if made to conform. 11. Subdivider shall install ceiling and wall insulation, weatherstripping, and caulking, and repair substandard or leaking window fittings in all units to provide substantial compliance with energy conservation standards to the maximum extent feasible,.to the approval of the Chief Building Official. 12. Subdivider shall install a residential fire sprinkler system in Units 5, 6, and 7 in accordance with NFPA 13 -D and shall provide a two -hour rated fire wall between two of the units. 1.3. Subdivider shall schedule the condominium conversion so that tenants are not displaced between September 1st and June 15th. C Resolution No. 6804 (1990 Series) Tract 1841 Page 4 On motion of Councilwoman Rappa , seconded by Councilman. Roalman , and on the following roll call vote: . AYES: Councilmembers Rappa, Roalman, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 1st day of May , 1990. ay in APPROVED: City A nistrative Officer Community Deve op ent Director Cl r� L� I� RESOLUTION NO. 6803 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION TO DENY USE PERMIT APPLICATION A 20-909 A REQUEST TO ALLOW REDUCED SIDE AND REAR YARD SETBACKS FOR A GARAGE AT 2374 BUSHNELL STREET WHEREAS, the Administrative Hearing Officer conducted a public hearing on Use Permit Application No. A 20-90, on February 16, 1990, and denied the application; and WHEREAS, the decision of the Hearing Officer was appealed to the Planning Commission, which conducted a public hearing on March 14, 1990, and determined to deny the appeal; 'and WHEREAS, the applicant has appealed that decision to the City Council; and WHEREAS, the council has considered the testimony and statements of the applicant, appellant, and other interested parties, and the records of the Administrative and Planning Commission hearings and actions, and the evaluation and recommendation of staff, and WHEREAS, the council determines that the action of the Planning Commission was appropriate; NOW, THEREFORE, the council resolves to deny the appeal and affirm the action of the Planning Commission, thereby denying Use Permit Application A 20- 90 subject to the following findings adopted by Planning Commission: 1. The proposed exceptions would allow a project that would block a significant portion of adjacent lots' solar exposure. 2. The proposed setback reductions are not appropriate at the proposed location. R 6803 Resolution No. 6803 (1990 Series) A 20-90 Page 2 3. The proposed exceptions would adversely affect the health, safety or welfare of persons residing or working on the site or in the vicinity. On motion of Councilman Roalman , seconded by Mayor Dunin and on the following roll call vote: AYES: Councilman Roalman, Mayor Dunin, Councilmembers Pinard, Rappa and Reiss NOES: None ABSENT: None the foregoing resolution was passed and adopted this 1st day of May, 1990 Mayor Ron Dunin A T: 4�Q-) City Clerk Pam V° es APPROVED: Ad 'mstrative Officer Community Develb*ent Director �� �� s � .;� .. _ � ��;. ., „�. RESOLUTION NO. 6802 (1990 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 MONTE LUKOV, BIA ADMINISTRATOR, FOR THE PERIOD MAY 2, 1990 THROUGH MAY 2, 1991 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 Monte Lukov as BIA Administrator for the period May 2, 1990 through May 2, 1991, 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 Mayor Dunin and on the following roll call vote: AYES: Councilwoman Rappa, Mayor Dunin, Councilmembers Pinard, Reiss and Roalman NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of May , 1990. ATTEST: _CITY CLERK P OGES APPROVED: City A ministrative Officer it tt n R RON DUNIN 0'. Personnel Direct Finance Director R 6802 [-�Il 0 AGREEMENT N0. 37 -90 —CC CONTRACT OF EMPLOYMENT THIS CONTRACT is entered into this second day of May, 1990, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City "), and MONTE LUKOV, a contract employee (hereinafter referred to as "Employee "). WITNESSES: WHEREAS, the City of San Luis Obispo has a need to hire an employee for a special project for which the continued funding or need for the project is too uncertain to create a permanent classification; and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS, the services to be contracted for are BIA Administrator. NOW, THEREFORE, the parties do mutually agree as follows: 1. Emplovment: City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scone of Services. Pursuant to this Contract, Employee shall provide to City the following services: Administrator for the Downtown Parking and Business Improvement Association (BIA); specific duties and responsibilities to be established and modified from time to time by the BIA Advisory Board. Employee shall perform said services under the direct supervision of BIA Advisory Board. 3. Employment Status. Employee shall be a full -time employee. Membership in the City PERS retirement program shall be in accordance with PERS requirements with the Employee's share to be paid by Employee. Employee shall accrue holiday and sick leave benefits consistent with other positions in the City and as determined by the Personnel Director. Employee shall accrue 8.00 hours of vacation per month over the term of this Agreement which shall be taken in a manner consistent with other City employees. Employee shall be granted up to 40 hours per year of administrative leave in lieu of overtime compensation, in recognition of the fact that the employee is exempt from overtime compensation consideration and that the employee's schedule may require work beyond 40 A 37 -90 —CC C) hours in a week. The only other paid benefits are workers' compensation insurance and unemployment insurance. Employee shall be eligible for reimbursement for mileage at a rate of $0.24 per mile for use of his private automobile for official business but not including any mileage attributable to normal commuting by Employee to and from his office. Employee will also receive a monthly permit for the Palm Street Parking structure. Employee understands and agrees that his term of employment is governed only by this Contract; that no right of tenure is created hereby, and that he does not hold a position in any department or office of the City. 4. Warranty of Employee. Employee warrants that he is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. 5. Compensation. City shall pay to Employee as compensation in full for all services performed by Employee pursuant to the Contract, the sum of $3,000 per month ($36,000 per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on May 2, 1990 through May 2, 1991, unless terminated earlier as provided herein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council. 7. Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. Employee agrees that the notice provisions of this paragraph shall limit the liability of the City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently found to be improper. 8. Termination of Contract for Cause. If Employee fails to perform his duties to the satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the obligations under this Contract, or if Employee shall violate any of the terms 2 C> of provisions of this Contract, or if Employee has a physical or mental incapacity that precludes Employee from performing the duties, or if Employee fails to exercise good behavior in either during or outside of working hours which is of such a nature that it causes discredit to the City or impairs his ability to perform these contract duties, then the City shall have the right to terminate this Contract effective immediately upon the City's giving written notice thereof to Employee. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. 9. Entire Agreement and Modification. This Contract constitutes. the entire understanding of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Employee shall be entitled to no other benefits than those.specified herein, and Employee acknowledges that no representations, inducements or promises not contained in this Contract have been made to Employee to induce Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Employee specifically acknowledges that in entering into and executing this Contract, Employee relies solely upon the provisions contained in this Contract and no others. 10. Non - Assignment of Contract. This Contract is intended to secure the individual services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegate, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet without the City's prior written consent shall be considered null and void. 11. Covenant. This Contract has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this Contract shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in the City of San Luis Obispo, and such City shall be that venue for any action, or proceeding that may be 3 G brought, or arise out of, in connection with or by reason of the Contract. 12. Nondiscrimination. There shall be no discrimination against any person employed pursuant to this contract in any manner forbidden by law. 13. Conflicts of Interest. The employee shall not participate in any decision related to this Contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is directly or indirectly interested. 14. Copyright. Any reports, maps, documents or other materials produced in whole or part under this Contract shall be the property of the City and shall not be subject to an application for copyright by or on behalf of Employee, without the prior written approval of the City. 15. Outside Employment. Conduct and Behavior. a. Employee may engage in outside activities such as part -time teaching, consulting, or in other similar activities unrelated to City business only with the express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements regarding conflicts -of- interest and shall avoid personal involvement in situations which are inconsistent or incompatible with the position of BIA Administrator or give rise to the appearance of impropriety. 16. Enforceability. If any terms, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. IN WITNESS WHEREOF, City and Employee have executed this Contract on the day and year first hereinabove set forth. 4 CITY OF SAN LUIS OBISPO MAYOR RON N EMPLOYEE- CONCUR: Finance Director dua L&.t. Personnel Director KWIK -K0Fr -4:37 T� No.619- 322 -5340 30031.90 14 =21 No.006 P.03iO4 MONTE W. LUKOV 9150 Warwick Desert Hot Springs. CA 92240 (619) 329.2356 THE FUTURE: A challenging position, with a firm or organization that will utilize my years of highly developed management skills, public relations, personnel, sales/marketing and association background In their operational objectives. PROFESSIONAL BACKGROUND: Administration Formulated policy, marketing programs, planned/ Implemented legislative advo- and Management cacy. hired /trained /supervised stalls/volunteers, set up bookkeeping programs, developed/implemented budgets, operated from single sites to multiple offices and counties, dealt with people at every level and walk of life and day-to-day operations, plus all forms of communications. Sales/ Experience Includes planning and Implementation of marketing programs for retell. Marketing advertising legislature advocacy, membership., career development and placement, Insurance (life, disability and group Insurance) and Ideas /fund raising. Recelved awards for sates, group attendance and membership Increases / retention recognition. Public Dealing at all levels, planning specialist press conferences, workshops, newsletters/ Relations magazines, fund raising, media promotion (TV, radio, newspaper, and direct mall), membership solicitation /retention. Have received special recognition for Joint development of a new concept "Mlnl- Telethons` for fund raising, and have designed brochures, posters and flyers. Have made group presentations before both large and small groups. Industrial I Have labor relations experfenoe working with union I non -unlon businesses (building Human Industry, hospitals, plants, retail), wages / benefit programs, workers' compensa• Relations lion. unemployment programs. Job training, written )ob descriptions and personnel policies, grievance procedures. Have appeared at National Labor Relations Hearing on Unfair Labor Practices, and contract negotiations. Non Profit/ A background of working in management, public relations, fund raising, sales/ marketing. Associations volunteer training /suppon, legislative advocacy, budgeting development/ Implementation, personnel, communications, plus my own volunteerism covering diverse fields from downtown improvement districts, business /trade associations, heahh agencies, labor relations, veterans' groups and servloe organizations. Comment Have a flair for gening things done, innovative, creative and willing to put In extra time when needed, plus strong research ability and commitment to my processional status. kluI( -f UF'r -487 T�; 140 .619- 322 - u -1 -`'.0 14:21 1Jc . _06 P-04/114 Monts W. Lukov Page 2 EMPLOYMENT 1987 -89 Main Strvat Palm Springs - Palm Springs. CA Title: Executive Director Business: Downtown. Revitalization Program /Assessment District 1984 -87 Visallans Inc - /Downtown Vlsailsns - Visalia, CA Title: Executive Director Business: Downtown Improvement District - Business Association 1983 -64 Wastland Collage Fresno, CA This! Director Career Development Plaosrnent. Business: Private 2 year college (Business, Technical. Vocational) 1982 -83 National Multiple Scierosls Society - Fresno, CA Title: Executive Director Business: National Health Agency covering 6 counties 1970 -82 Salt Employed - Fresno/ San Franc[= Bay Area, CA Title: Agent/Broker Business: Lde - Disability Insurance 1969 -70 California Association of Employers - San Francisco Bay Area, CA Title: Area Manager - Alameda /Contra Costa Counties Business: industrial Relations, multiple types of businesses 1961 -69 Home Builders Association of Central CA - Modesto, CA Title: Executive Vice President Business: Trade Associatlon - covering 5 counties EDUCATION: 1987 Georgia Institute of Technology Course: Small Business Retention, Expansion, and Recruitment Program 1969.70 University of Calilomla at San Francisco - San Francisco, CA Courses: Labor/Management 1953 -55 Fresno State Colbge - Fresno. CA Major: Liberal Ads (Pre -law). Minor: Speech and Media MISCELLANEOUS American Cancer Society - Visalia / Fresno I Bay Area 10 years ACTIVITIES Beautify Modesto Commission - Modesto 2 years Stanislaus County Veterans Commission - Modesto 5 years Various polhical campaigns - Partisan and non - Partisan 10 years MEMBERSHIPS California Downtown Association (State Association): Current State Director and 1st Vice President, Legislative Chairman, By -Laws Committee. Convention Host - (twioe: Visalia / Palm Springs) City /County Chamber of Commerce - Visalia. Fresno and Modesto. Palm Springs. CA - 12 years. Local Government Committee. Convention and Visitors Bureau Cornmlttee, Ambassadors. Retail / Business Committee Lions International - Dublin CA. Charter member, past club Pres&nl 1 -12 years anti 100% disirk:t and Inlematlonal president's ow6ld - 14 year member American Legion - Modesto / Dublin / Palm Springs. CA. Past Post Commander, past District Commander and 7 year rnamber State Public Relations Commission - 31 year member 40/8 - Modesto. CA- Past President (kcal). past State President, past National Executive Committeeman - 29 year member REFERENCES Won request and mutual Interest. D & RESOLUTION NO. 680.1 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING STAFF TO EXPEND $200 IN SUPPORT OF "GOOD NEIGHBOR DAY" WHEREAS, "Students Serving Their Community" is the theme of this year's Seventh Annual Good Neighbor Day to be held on Saturday, May 5, by the Associated Students, Inc. of Cal Poly; and WHEREAS, the purpose of this event is to provide student assistance in lending a helping hand to elderly and handicapped residents of San Luis Obispo in need of assistance; and WHEREAS, assistance includes such tasks as window - washing, weeding, painting, and general clean -up activities, which may not otherwise be completed by persons in need; and WHEREAS, the 1990 Good Neighbor'Day will include participating with the Downtown Business Improvement Association's ''SLO Sweep" downtown clean -up campaign; and WHEREAS, over 1,000 students are expected to participate in this very 'wor-thy program; NOW, THEREFORE BE IT RESOLVED, that the City Council hereby supports the 1990 "Good Neighbor Day" and authorizes the expenditure of $200 in support of this program. On motion of Councilman Roalman , seconded by Councilwoman..Rappa , and on the following roll call vote: AYES: Councilmembers_Roalman,,Rappa,. Reiss,-and.Mayor Dunin., NOES: Councilmember Pinard ABSENT: None R 6801 RESOLUTION NO. 6801 (1990 SERIES) Page Two the foregoing Resolution was passed and adopted this .1st day of May , 1990. YOR RON DUNIN ATTEST: / _CITY CLERK PA6 VOGES I AT7bRmly OFF JORGENSEN 7 kh \good �� � • ,,_. o� .L I' RESOLUTION NO. 6800 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING THE LIMITS OF THE CITY ADMINISTRATIVE OFFICER'S AUTHORITY TO MAKE SETTLEMENT PAYMENTS ON CLAIMS AGAINST THE CITY WHEREAS, by Resolution No. 4502, dated June 2, 1981, the Council of the City of San Luis Obispo has designated authority to the City Administrative Officer to settle certain claims against the City up to the amount of Five Thousand Dollars ($5,000.00) ; and WHEREAS, it is desirable to update the level of the City Administrative Officer's settlement authority for claims other than those under the California Workers' Compensation laws; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: Upon investigation and determination by the CCCJPA adjustor for the City that the City appears to be partially or fully liable by reasons of an incident or accident resulting in a claim against the City, the Adjustor shall have the authority to enter into Settlement Agreements on claims that do not exceed One Thousand and no /100ths Dollars ($1,000.00). This authority may be suspended or reduced at any time by the City Administrative Officer. SECTION 2: When a claim against the City exceeds One Thousand and no /100ths Dollars ($1,000.00) and it is determined that the City appears to be partially or fully liable for the claim, the City Administrative Officer shall have the authority to enter into a Settlement Agreement to settle the claim up to the amount of Ten Thousand and no /100ths Dollars ($10,000.00). Any such Settlement Agreement shall be signed by both the City Administrator and the City Attorney. SECTION 3: All proposed settlement of claims in which the staff cannot reach concurrences to settle as provided in 2 above, or which amount to Ten Thousand and no /100ths Dollars ($10,000.00) or more, shall be referred to the City Council for determination. R 6800 Resolution No. 6800 Page 2 On motion of Councilwoman Rappa , seconded by Mayor Dunin , and on the following roll call vote: Ayes: Councilwoman Rappa, Mayor D_unin, Councilmembers Pinard, Reiss and Roalman Noes: None Absent: None the foregoing Resolution was passed and adopted this 1st day of May-.- , 1990. MAYOR RON DUNIN ATTEST: City Clerk Pa Voges APPROVED: Ixt " Personnel Director C 0 i RESOLUTION NO. 6799_ (1.990 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING CONDOMP41UM CONVERSION APPLICATION FOR 18 UNITS AT 1330 SOUTHWOOD DRIVE (CON 90-01) WHEREAS, an application has been made for conversion to condominiums of 18 units at 1330 Southwood Drive; and WHEREAS, based on the statements of staff and the applicant, and all materials on the application forwarded to the council in the April 17, 1990 agenda packet, this council finds that this proposal would meet minimum conversion standards based on the following findings and subject to the following conditions: Findings: 1. All provisions of the Condominium Development and Conversion Regulations have been or will be met. 2. The proposed conversion is consistent with the general plan. 3. Adequate facts exist to support the following findings required by the State Subdivision Map Act: A. The site is physically suited for the type and density of development allowed in the R-2-PD zone. B. The design of the condominium conversion and the proposed improvements are not likely to cause serious health problems, or substantially and avoidably injure fish or wildlife or their habitat. C. The design of the condominium conversion or the type of improvements will not conflict with easements for access through (or use of property within) the proposed condominium conversion. 4. The proposed conversion will not displace a signific ant number of low- income or moderate- income households or senior citizens at a time when no equivalent housing is readily available. 5. The proposed conversion is subject to conditions of approval which will ensure substantial compliance with building and housing codes and zoning regulations which are currently in effect. R 6799 Resolution No. 6799 (1990 Series) CON 90-01 Page 2 Conditions: 1. Applicant shall install a fire sprinkler system in all units, or shall upgrade site access and on -site and off -site hydrants and water mains to meet city standards, to the approval of the Fire Marshal. 2. Applicant shall remove all illegal improvements from garages, and restore them to comply with city standards for covered parking. 3. Applicant shall provide an easement for usable private open space at each unit to comply with condominium property development standards. Applicant shall allow future unit owners to relocate existing fencing to correspond to easement area if they wish. 4. Applicant shall replace existing driveway barrier with an emergency access barrier, to the approval of the Fire Marshal. 5. Applicant shall reseal and restripe parking area in. accordance with city Parking and Driveway Standards, a_ nd complete all repairs as noted in the property condition report. 6. Applicant shall install separate water and other utility meters at each unit. 7. Applicant shall retrofit all units with low -flow plumbing fixtures to the maximum extent determined feasible by the Community Development Director. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the application referred to hereinabove hereby is approved. On motion of Councilwoman Rappa , seconded by Councilman Roalman , and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard, Reiss and Mayon -Tunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 17th day of April , 1990. r-. .L Resolution No. (s:7 99 (1990 Series) CON 90-01 Page 3 ATTEST: City erk APPROVED: City Admi- strative Officer m YOR RON DUNIN ��. � � o �� .�. .., ._ ___ ;; ._ .,.� 0 0 RESOLUTION NO. 6798 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION TO APPROVE USE PERMIT APPLICATION A 163 -891 A REQUEST TO ALLOW A-CHURCH AND PRIVATE ELEMENTARY SCHOOL AT 271 -277 SOUTH STREET WHEREAS, the Administrative Hearing Officer conducted a public hearing on Use Permit Application No. A 163 -89, on January 51 1990, and conditionally approved the application; and WHEREAS, the decision of the Hearing Officer was appealed to the Planning Commission, which conducted a public hearing on. March 14, 1990, and determined to deny the appeal; and WHEREAS, the applicant has appealed that decision to the City Council; and WHEREAS, the council has considered the testimony and statements of the applicant, appellant, and other interested . Parties, and the records of the Administrative and Planning Commission hearings and actions, and the evaluation and recommendation of staff; and WHEREAS, the council determines that the action of the Planning Commission was not appropriate; NOW, THEREFORE; the council resolves to uphold the appeal and conditionally approving Use Permit Application A 163 -89 subject to the following modified findings and conditions: SECTION 1, FINDINGS 1. The proposed church use, private elementary school use, and off -site parking will not adversely affect the health, safety and welfare of persons living or working at the site or in the vicinity. 2. The proposed church and private elementary school uses conform to the general plan and meet zoning ordinance requirements.. 3. The proposed church and private elementary school uses will not likely cause unreasonable compatibility problems with existing or future service - commercial or office uses on the site or in the vicinity. R 6798 V ' Resolution No. 6798 (1990 Series) A 163 -89 Page 2 4.. The proposed church and private elementary school uses and off -site parking are appropriate at.the proposed location. 5. The proposed parking reduction is appropriate because the mix of uses on the site do not have over- lapping peak hour_ s of parking demand. 6. The proposed off -site parking is within 300 feet of the uses served, and allows for safe and convenient pedestrian access. 7. The director has determined that the proposed project is categorically exempt from environmental impact procedures as a minor alteration of existing structures. SECTION 2, CONDITIONS 1. The use permit shall be reviewed in one year (March 1991) and upon receipt of any reasonable written complaint received by the Community Development Department. At a review hearing, the use permit may be extended and conditions added; deleted, or modified, or the use permit may be revoked. 2. Occupancy of the church building shall not exceed 172 persons at any time during weekday business hours, 8 a.m. to 5 p.m., Monday through Friday, and a minimum of 43 on -site parking spaces shall be maintained available for church use during these hours. Weekday occupancy limit shall be based upon a ratio of four occupants per parking space allocated for church use, and may be increased by the Director upon demonstration by the applicant that additional parking which meets all requirements of the city's Zoning Regulations and Parking and Driveway Standards is available. 3. Enrollment at the private elementary school shall be limited to no more than 30 students. 4. A 12% reduction in required parking is hereby approved by the site at 271 and 277 South Street. A minimum of 109 vehicle spaces, six motorcycle spaces and. six bicycle spaces (of which two spaces shall be lockable storage lockers) shall be available at all times for employees, members, guests, and customers of the uses on site. 5. A minimum of 35 vehicle spaces may be located off -site at 265 and 285 South Street. Applicant shall enter into an agreement with the city to guarantee that. the said parking shall be available in perpetuity, and that if off -site parking c Resolution No. 6798 A 163 -89 Page 3 (1990 Series) becomes unavailable for any reason, the parking required for uses at 2.71 and 277 South Street shall otherwise be provided to meet city standards, or the uses modified so that parking requirements are met on, site. The applicant shall agree to notify the Community Development Director in writing if the off -:site parking is not available. Said agreement shall be recorded and shall run with the land and uses. 6. The property shall. be maintained in a neat and orderly manner. All. plant materials, building exteriors and parking lot improvements shall be maintained, repaired or replaced as necessary. On motion of Mayor Dunin seconded by Vice -Mayor Reiss and on the following roll call vote: AYES: Mayor Dunin, Vice -Mayor Reiss and Councilmember Rappa NOES: Councilmembers Pinard and Roalman ABSENT • None the foregoing resolution was passed and adopted this 17th day of April _ , 19'90. Mayor ATTES r / AA V City klekk APPROVED: City A inistrative Officer 00 Director A, RESOLUTION NO. 6797 V (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION THEREBY ALLOWING A REVISION TO THE APPROVED WINDOW DESIGN FOR A NEW COMMERCIAL BUILDING AT 81 HIGUERA STREET (THE PACIFIC COAST CENTER) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the applicant's request ARC 90- 08, and the Architectural Review Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The proposed revision to the window scheme for 81 Higuera. Street is appropriate at the proposed location and will not adversely affect the historic character of the site and building. SECTION 2. The proposed deletion of second story divided light windows and addition of ground floor aluminum storefront . systems for 81 Higuera Street ARC 90 -08 is hereby approved. On motion of Councilwoman Pinard , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Pinard, Rappa,and Mayor-Dunin NOES: Councilmembers Reiss and Roalman ABSENT.: None the foregoing resolution was passed and adopted this 17th day of April , 1989. R -6797 Resolution ARC 90 -08 Page 2 C No. CD 7'7 (1990 Series) ATTEST: City lerk APPROVED: pity A, inistrative Officer IN CC' � N RESOLUTION NO. 6796 No (1990 Series) AMENDMENTS TO 1987 JOINT POWERS AGREEMENT FOR C.L.E.T.S. /M.S.S. SYSTEM Aresolution of the City Council of the City of San Luis Obispo authorizing the Mayor to sign an amendment to a Joint Powers Agreements with the City of Santa Barbara for the replacement and Operation of the California Law Enforcement Telecommunication System. I BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: WHEREAS, upon review of Resolution 6227 signed on June 2, 1987, a modification in wording Was found to be necessary to clarify the definition of "operating costs" to be paid by member agencies and participating agencies, and WHEREAS, the Amendment to the Joint Powers Agreement is made pursuant to Article XX, NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that Article XIII (D), "Operating Costs" is hereby amended to read as follows: "D. OPERATING COSTS Operating costs will be billed to the member agency on a pro - rata basis. The amount due will be determined by the actual number of messages sent and received by each agency proportionate to the total system message count for the billing period.. Agencies will be billed on a regular basis and remittances shall be due and payable within thirty (30) days of the date of billing." II. it is also resolved that those provisions of the JPA not inconsistent with the above amendment shall remain in full force and effect. III. The foregoing amendment together with the JPA constitutes the full and complete understanding of the Member Agencies and the Participating Agencies. There are no other ainendaients or changes (either orally or in writing) to the JPA other than the amendment. set. forth herein. A copy of the executed resolution shall be forwarded to the City of Santa Barbara for attachment to Agreement Number 13, 904 as amended by Agreement 15, 280. 2 R 6796 G `J On motion of Vice Mayor Reiss , seconded by .. _Councilwoman Pinard on the following roll call vote: AYES: Councilmembers Reiss, Pinard, Rappa, Roalman and Mayor Dunin NOES: None ABSENT: None The foregoing resolution was passed and adopted this 17th day of April- 1990. ATTEST: PAM VQGES, CITY APPROVED: GARDINER, CHIEF OF POLICE 3 w RESOLUTION NO. 3048 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A JOINT P014ERS AGREEMENT WITH THE COUNTY OF SAN LUIS OBIS_PO FOR REGULATION OF AMBULANCE SERVICE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby approves a Joint Powers Agreement with the County of San Luis Obispo Relative to the Regulation of Ambulance Service and the Licensing Thereof as contained in Division VIII of the Emergency Medical Response Manual for the County of San Luis Obispo, dated March 18, 1976. The Mayor is authorized to execute said Joint Powers Agreement on behalf of the City. On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris the foregoing Resolution was passed and adopted this 5th day of May, 1976. ATTEST: R 3048 J RESOLUTION NO. 6795 (1990 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL CANCELLING THE EMERGENCY MEDICAL SERVICES CONTRACT WITH THE COUNTY OF..SAN LUIS OBISPO. WHEREAS, the City adopted an agreement on May 5, 3.976 with the County of .San Luis Obispo transferring the City's Emergency Medical Services authority for ambulance service to the County for five years; and WHEREAS, the existing EMS Contract is automatically renewed for an additional five -year period unless the County is notified of the intent to cancel one year in advance; and WHEREAS, the existing EMS contract does not provide for City input into County ambulance ordinance changes or changes to the Emergency Medical Response Manual (EMRM); nor does..the__contract.- -allow for City input on ambulance transport charges; and WHEREAS, since the 1976 contract was signed, numerous changes have been made without City input; and WHEREAS, the changes to the EMS contract have a direct affect on the ambulance service level to the City; and WHEREAS, the City Managers and City Fire Chiefs of San. Luis Obispo County have reviewed all City /County EMS contracts regarding ambulance service levels and found the existing contracts to be lacking- provisions for local input and require modification; and WHEREAS, it is important to maintain local control.and have input into how ambulance services are delivered to this City and at what cost; WHEREAS, population, service demands and county -wide changes have occurred since the contract was originally signed; and WHEREAS, it is essential to review and update emergency medical services with the involvement of Cities on local control issues. NOW, THEREFORE BE IT RESOLVED that the City Council of San Luis Obispo notifies the County of San Luis Obispo that the City intends to cancel its current City /County EMS contract effective May 5, 1990 and directs City staff to evaluate the emergency medical service levels provided to the City and negotiate a new EMS contract as necessary. R 6795 . Resolution No.6775(1990 Series) N Upon motion of Vice Mayor Reiss seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Reiss, Pinard, Rappa, Roalman and Mayor Dunin NOES: None ABSENT: none the foregoing resolution was adopted this 17th day of __April 1990. ATTEST: -- - — Pam V ges, City kAlerk APPROVED: City A instrative Officer t tt ne r V I D// -e0 Y QW J Fire Chief ayor Ron Dunin j C� �� - . , �� �- T��� _ -- B1- -------- _ ^- .::------- -, - - -� _.coq, CONTRACT Drr�jii THIS CONTRACT entered into this 15th day of May 1976, by and bett•:een the CITY OF SAN LUIS OBISPO , a general law city located in the County of San L.uis Obispo, State of California (hereinafter called "City "), and the COUNTY OF SAN LUIS OBISPO, a political subdivision and one of the counties of the State of California (hereinafter called "County "); WIThESSETH: WHEREAS, County has duly adopted an Ambulance Ordinance as set forth in Chapter 6.60 of the County Code, and pursuant to such Ordinance County has also duly adopted an Emergency medical Response Manual (hereinafter called "EMRM "), and WHEREAS, in order to have uniform ambulance operation procedures in the entire County of San Luis Obispo, it is neces- sary that all cities within the County of San Luis Obispo, and the County, enter into contracts pursuant to Government Code Sections 51300 through 51303, inclusive, for the performance . by the appropriate County officers and employees of the cities' ambulance functions, and WHEREAS, Governme -nt Code Section 38794 also permits City to contract for ambulance service to serve the residents of City as convenience requires, and WHEREAS, it is in the interest of the taxpayers and residents of the County and of such cities, and it is in the public interest, that such contracts be..entered into by County and such cities. NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, City and County hereby mutually covenant and agree as follows 1. ThE;'the recitals set forth hCIinabove are true, correct and valid. 2. That pursuant to Government Code Sections 51300 through 51308, inclusive, and to Government Code Section 38794, County shall by its appropriate officers and employees perform within City all of City's ambulance functions, including, but not limited to, those referred to in Government Code Section 38794. 3. That City and County hereby agree that during the term of this Contract, the provisions of the County A,- bulance Ordinance (namely, Chapter 6.60 of the County Code) and as hereafter amended, and of the EiRM and as hereafter amended, shall be and are in full force. and effect within City; and Chapter 5.60 of the County Code and as hereafter amended, and the EMR:%i of County and as hereafter amended, are both hereby e- xpressly incorporated herein by reference as though here fully set forth. 4. The term of this Contract shall be for five (5) years from and after the date set forth hereinabove, and such term shall be automatically renewed for addit -ional periods of five (5) years each unless the legislative body of either County or City votes not to renew the term at a meeting more than one (1) year before the expiration of any five year period and duly notifies the other party hereto within thirty (30) days after such vote. 5. The following County officers and employees shall exercise within City the powers, duties and functions hereinafter specified: a. The San Luis Obispo County Emergency Medical Care Committee shall exercise viithin City all of the powers, duties and functions conferred on such Committee by such Chapter 6.60 and as hereafter amended, and by the EMRM1 and as hereafter amended, -2- o to be exercised with County. b. The County Sheriff as the EMRM licensing agency shall exercise within City all of the powers, duties and functions conferred on such Sheriff by such . Chapter 6.60 and. as hereafter amended, and by the EMRM and hereafter amended, to be exercised with- in County. C. The County Central Dispatch Center shall exercise within City all of the powers, duties, and functicns conferred on such Center by such Chapter 6.60 and as hereafter amended, and by the EMRM and as hereafter amended, to be exercised within County. d. The Board of Supervisors of County shall exercise within City all of the powers, duties and functions conferred on such Board by such Chapter 6.60 and as hereafter amended, and by the EhRM and as hereafte amended, to be exercised within County. e. The County Communication Director shall exercise within City all of the powers, duties and functions conferred on such Director by such Chapter 6.6'0 and as hereafter amended, and by the E•1RF1 and as hereafter amended, to be exercised within County. 6. This Contract may only be amended or repealed by the mutual written agreement of both parties hereto. 7. It is understood and agreed by County ane City that City shall have no obligation or duty pursuant to this Contract to pay any money to County for any purpose hereunder. 8. County shall defend, indemnify and save harmless City -3- C and its off1 -.rs, agents and employees om and against any and all claims, demands, liability, costs, expenses, judgments, causes of action and damages, arising in any manner out of this Contract or out of the performance or attempted performance of the pro - visions hereof, including but not limited to any act or omission to act on the part of County or its agents or employees or in- dependent contractors directly responsible to County. 9. Neither party hereto shall assign or transfer this Contract or any interest herein without the prior written consent of the other party, except a.s may be otherwise - specifically per- mitted by such Chapter 6.60 and as hereafter amended or by such EMRM and as hereafter amended. 10. This Contract shall be binding on the assigns, transferees and successors of the parties hereto. 11. No waiver by either party hereto of any failure by the other party to comply with any term or condition hereof, shall be or shall be deemed to be a waiver by such first party of any similar or other failure by such other party to comply with any term or condition hereof. In witness whereof, City and County have executed this Contract on the day and year first hereinabove set forth. C i t By : 6 County of San Luis Obispo By; /s_ /.Hans Heilmann Chairnan of the Board of Supervisors of County -4- Approved as to form by the City Attorney of the City of orvey Approved as to form ROBERT N. TAIT District.Atto.rney By: . Deputy District ttorney -5- ORDINANCE NO. 672 (1976 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO TRANSFERRING AND CONSOLIDATING AMBULANCE REGULATORY FUNCTIONS TO THE COUNTY OF SAN LUIS OBISPO. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to the provisions of City Charter Section 903, and in accordance with the Joint Powers Agreement approved on May 5, 1976; the City hereby transfers and consol- idates its ambulance regulatory functions to the County of San Luis Obispo. It is understood that the County will regulate said functions in accordance with all applicable laws, including San Luis Obispo County Code Chapter 6.60, Ambulances, and the Emergency Medical Response Manual for the County, as they are now, and as they may hereafter be amended. SECTION 2. This Ordinance, together with the ayes and noes, shall be published once in full, at least three days prior to its final passage, in the Telegram- Tribune, a news- paper published and circulated in said City, and the same shall go into effect at the expiration of thirty days after its said final passage.. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at an Adjourned Meeting thereof held on the 5th day of May, 1976, on motion of Councilman Gurnee„ seconded by Councilman Petterson and on the following roll call vote: Ordinance No. 672 2 (1976 Series) AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris ATTEST: y CIerk \J FINALLY PASSED this 17th day of May , 14 76 , by the following rcll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None ATTEST: TY CLERK - J.H. FITZPATRICK C Q RESOLUTION NO. 6794 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING AERIAL LADDER TRUCK AND RELATED EQUIPMENT 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 the 1956 Seagraves Aerial Ladder Truck and 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 direct sale to Amigos /USA for the sum of $1,000 by the City Administrative Officer. On motion of Vice Mayor Reiss , seconded by Councilmember Pinard and on the following roll call vote: AYES: Councilmembers Reiss, Pinard, Rappa, Roalman and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted the 17th day of April, 1990. —Ron orn Dunin ATTEST: City C�,erk a R 6794 O Resolution No. (1990 Series) ity A ministrative Officer 0 1 1 1 6 4 1 1 3 1 2 2 l 1 1 1 C� SURPLUS FIRE EQUIPMENT TRUCK 2 Street Crossing Pipe Battering Ram CO2 Fire Extinguisher Pike Poles Chalk Blocks 85" 3" Hose with Gated Wye Fog Nozzle with Ladder Mount Straight Stream Tips McPherson Hose Strut 6" Pulleys Hammer Head Picks / Remote Control Smoke Ejector (1968 Vintage) 110 Volt Generator (1968 Vintage) McCullough Circular Saw (1965 Vintage) Acetylene Torch Misc. Engine and Hydraulic Parts Exhibit A 0 -3 -b \GM ~Eric's / rs OE 0G� 9L*Attac n°nent AMIGOS /U.S.A. BROTHERHOOD OF FIREFIGHTERS MEXICO - USA Michael Dolder Fire Chief San Luis Obispo 748 Pismo St. San Luis Obispo, Dear Chief; F.D. Ca. 93401 January 23, 1990 Thank you for your interest in our program, and the opportunity to share the details with you. I am writing in anticipation of your assistance in helping our Brother Fire Fighters in Mexico. AMIGOS /USA was created two years ago after observing the desperate plight of the Fire Service in the Nation o M f exico. In Mexico, many cities that would be much like San Luis Obispo, do not have the resources to provide life safety services. Mexican Fire Departments depend on donations, support from service groups and the traditional Bar -B -Que for money to fund day to day operations. With a desire to help, and the knowledge that a lot of the fire equipment no longer serviceable in California would be of great benefit to Mexico, we decided to do something. Joining with the Mexican Fire Chiefs Association we developed a fund raising program. Monies generated through the sale of Identification cards and flat badges issued by the Mexican Fire Chiefs, provide the resources for purchase of surplus fire equipment. Though still a relatively small group of about two hundred members, we have purchased two fire apparatus for donation to Mexico and have been instrumental in the acquisition and placement of five other Engines. We also attempt to outfit each apparatus so they go immediately into first line service. CrVJ —I AMIGOSA UR A .9;414 Ariamc AVP.ni1P. • Ran niann „\ l Il l�r�, h 7 �fS OE_BOen \ r� I� q!L AMIGOS /U.S.A. BROTHERHOOD OF FIREFIGHTERS MEXICO - USA We are very interested your eighty five foot aerial ladder. There are several cities wit: low rise construction where this apparatus :could 'ae very useful_. We as professional fire fighters are very aware cf the limitations of. this type of equipment. AMIGOS /'u SA also provides or. site training to guarantee the proper use of all donated fire equipment.. AMIGOS /USA in cooperat_;:r: with, Jim McMullen, the S_ tate Fire Marshall is able to arrange for transportation of donated or purchased fire equipment from your location to Mexico. Our budget is small. but we have abcut one thousand dollars for this project and we would still have some money left to add the necessary truck company equipment for effective utilization of this apparatus. AMIGOS /USA will provide photos and the information on the community that this equipment is placed in, suitable for display in your department. .t is our i:te or that your :Fire Department, and City receive appronriate recognition for your participation in our program,. I have included for your re, 0—.ew yews clippings - describing our activities, several brochures for distribution that detail our program. Please,. if I can supply addi:.ionai information do not hesitate to call at any time. 7 will contact you by phone shortly after you xeceive thI s information.to answer any questions that might come up. YZ444- Mike Powell AMIGOS/U.S.A. 5419 Adams Avenue * San Diecgo, California 92115 • M191265-2226- W FI-- OLUTION NO. 6793 (1990 Series) ft< , 0 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. On motion of Vice JlAyor Reiss , seconded by Councilwoman Pinafchnd on the fol- lowing roll call vote: AYES: Councilmembers Reiss, Pinard, Rappa and Roalman and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted the 17th day of April, 1990 ayor Ron Dunin APPROVED: City Acklinistnaive Officer R 6793 CITY OF SAN LUIS OBISPO SURPLUS PROPERTY April 5, 1990 ESTIMATED DESCRIPTION QUANTITY NUMBER VALUE Motorola Mobile Radio 1 220 $ 100 Power Broom, Front End Loader 1 224 3,000 Dump Truck Bed 1 227 500 Forge 1 230 100 Air Blower and Hose 1 411 100 EXHIBIT A VIA p v RESOLUTION NO. 6792(1990 SERIES) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL ADJUSTING RATES FOR SOLID WASTE COLLECTION AND DISPOSAL EFFECTIVE APRIL 1,1 1990 AND SUPERCEDING RESOLUTION NO. 6460 BE IT RESOLVED by the San Luis_ Obispo City Council as follows: 1. Effective April 1, 1990 the rates for solid waste collection and disposal shall be those listed on the attached rate schedule dated April 1, 1990 and incorporated here by reference. These rates shall be applied to all service bills issued after April 4, 1990. 2. Upon passage, this resolution shall supercede Resolution No. 6460 (1988 Series): 3. The city clerk shall furnish copies of this resolution, as executed, to finance department, public works department and San Luis Garbage Company. On motion of Councilwoman Rappa , seconded by Councilman Roalman , and on the following roll call vote: AYES:. Councilmembers Rappa, Roalman, Reiss and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard the foregoing resolution was passed and adopted this 4th day of April , 1990. ® s Mayor Ron Dunin Attest: City Clerk Pam ges Director of Finance R 6792 R 6792 �. CITY OF SAN LUIS OBISPO RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL 4/11/90 SINGLE FAMILY and MULTI -UNIT RESIDENTIAL GARBAGE CANS or WASTE WHEELER CONTAINERS (PER MONTH) $8.10 1 cubic yard, 1 collection per week $4.20 per can or container for collection away from the street curb Maximum volume per garbage can: 35 gallons Maximum weight per garbage can: 80 pounds There shall be charged a monthly rental fee fora waste wheeler container. MULTI -UNIT RESIDENTIAL DUMPSTER CONTAINERS (PER MONTH) size of container (cubic yards) COLLECTIONS PER WEEK 1 2 3 4 5 6 7 1 $38.90 $58.50 $69.90 $97.40 $121.90 $196.50 $175.56 1.5 $45.80 $66.20 $83.60 $109.60 $132.00 $144.00 $202.40 2 $52.50 $74.20 $97.60 $121.60 $142.00 $152.00 $230.20 3 $64.40 $91.60 $126.80 $162.10 $210.90 $228.10 $306.00 4 $78.20 $117.00 $165.70 $225.50 $281.30 $304.10 $380.20 6 $106.50 $162.50 $228.10 $337.40 $389.30 $429.00 $506.90 8 1 $136.50 1 $201.20 1 $304A0 $450.10 $562.10 1 $608.40 $686.20 the rates stated above for dumpster containers shall include the monthly container rental fee. COMMERCIAL GARBAGE CANS (PER MONTH) number Of cans_ COLLECTIONS PER WEEK 1_ 2 3 4 S 6 7 1 48.10 - $13.60 $26.30 $22.60 $24.80 $27.60 $31.00 2. $10.10 $20.30 $27.00 $29.70 $32.40 $35.10 $40.60 3 $12.80 $24.40 $33.80 $36.00 $38.20 $40.60 $48.40 4 $15.60 $28.60 $39.30 $42.80 $46.40 $49.90 $59.50 5 $18.20 $32.50 $44.70 $49.40 $54.40 $59.50 $70.20 6 $21.00 $36.40 $49.90 $56.40 $63.10 $68.80 $81.10 7 $23.70 $40.60 $55.50 $63.50 $71.40 $78.50 $92.00 8 $26.20 $44.70 $60.80 $69.80 $78.80 $87.90 $102.70 9 $29.00 $48.60 $66.30 $76.50 $86.80 $96.70 $113.60 10 $31.70 1 $52.70 1 $73.00 1 $84.20 1 $95.30 1 $106.801 $124.20 Maximum volume per can: 35 gallons Maximum weight per can: 80 pounds Additional charge per can per collection: $2.80 Rate Schedule for Solid Waste Collection and Disposal - 4/1190 Page 2 COMMERCIAL WASTE WHEELER CONTAINERS (PER MONTH) number Of COLLECTIONS PER WEEK containers 1 2 3 4 5 6 7 1 $13.60 $20.30 $24.20 $33.70 $42.20 $47:20 $60.70 2 $27.00 $40.40 $48.40 $67.50 $84.50 $94.40 $121.40 3 $31.70 $45.90 $57.90 $75.90 $91.40 $99.90 $140.30 4 $36.40 $51.40 $67.50 $84.30 $98.40 $105.20 $159.30 5 $40.50 $57.30 $77.60 $98.40 $122.30 $131.50 $185.60 6 $44.60 $63.40 $87.80 $112.40 $146.20 $157.90 $211.80 7 $49.40 $72.10 $101.20 $134.50 $170.60 $184.20 $237.40 8 $54.40 $80.90 $114.70 $156.30 $195.00 $210.50 $263.10 9 $59.20 $88.10 $125.50 $175.70 $213.80 $232.10 $316.10 10 $63.90 $96.70 $136.30 $195.10 $232.50 $253.80 $369.00 11 $68.80 $104.80 $147.10 $214.50 $251.20 $275.30 $422.00 12 1 $73.60. $112.60 1 $157.90 1 $233.90 1 $269.90 1 $296.90 1 $475.00 In addition to the collection. rates stated above for waste wheeler containers, there shall be charged a monthl fee for each container. COMMERCIAL DUMPSTER CONTAINERS (PER MONTH) size of container COLLECTIONS PER WEEK (cubic yards) 1 2 3 4 5 6 7 1 $29.20 $43.90 $52.40 $73.00 $91.40 $102.30 $131.70 1.5 $34.30 $49.70 $62.70 $82.20 $99.00 $108.00 $151.80 2 $39.30 $55.60 $73.10 $91.20 $106.50 $114.00 $172.70 3 $48.30 $68.70 $95.10 $121.60 $158.20 $171.00 $229.50 4 $58.70 $87.80 $124.30 $169.10 $210.90 $228.10 $285.10 6 $79.90 $121.80 $171.00 $253.00 $291.90 $321.70 $380.20 8 $102.30 $150.90 $228.10 $337.60 $421.50 $456.30 $514.70 the rates stated above for dumpster containers shall include the monthly container rental fee. UNSCHEDULED EXTRA COLLECTIONS $10.40 1 cubic yard (minimum charge) $12.50 2 cubic yards $18.80 3 cubic yards $25.00 4 cubic yards Cl� � �� � �. ��� � RESOLUTION NO. 6791 (1990 SERIES) RESOLUTION DESIGNATING APRIL 17, 1990 AS "FREE TRANSIT DAY" WHEREAS, the City of San Luis Obispo has long supported environmental protection and natural resource management programs and policies and is therefore a supporter of the Earth Week . activities scheduled for April 16 - 22, 1990; and WHEREAS, the purpose of Earth Week is to promote environmental awareness through education and other activities; and WHEREAS, one of the issues to be addressed during Earth Week is air quality and beneficial impacts on air quality which are possible through the increased use of mass transportation; and WHEREAS, by offering a "Free Transit Day" in conjunction with the San Luis Obispo Regional Transit Authority, the City hopes to call attention to the benefits of mass transportation and to attract new riders to the bus system. NOW THEREFORE, BE IT RESOLVED that the City of San Luis Obispo hereby designates April 17, 1990 as "Free Transit Day" and encourages all residents of San Luis Obispo County to consider the use of bus service on that date and thereafter. On motion of Councilwoman Rappa , seconded by Councilman Roalman and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Reiss and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard R 6791 RESOLUTION NO. 6791 (,1990 SERIES) PAGE TWO the foregoing Resolution was passed and adopted this 4th day of April _ . 1990. ml ayor Ron Dunin ATTEST: . L Ut, (� City Cle k Pam V s P_ 'l 3f�ij�i� City Ad4inistrative Officer t me KH \transres VO RESOLUTION NO. 6790 .. (19 d Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO SUPPORT SB 1830 (GREEN) AND AB 2666 (HANSEN) URGENCY LEGISLATION THAT WOULD ASSURE THE ABILITY OF CITIES, COUNTIES AND FIRE DISTRICTS TO ADOPT BUILDING STANDARDS WHICH ARE MORE STRINGENT THAN THOSE ADOPTED BY THE STATE FIRE MARSHAL. AND STATE HOUSING LAW.. WHEREAS, the California Attorney General's Opinion #88 -904, September 14, 1989, finds that local authority may not be more restrictive than the State Fire Marshal and State Housing Law in regards to adopting residential building standards and the Attorney General's specific conclusions are: 1. Cities and Counties may not adopt building standards relating to fire and panic safety that are more _stringent than those adopted 17 y the State Fire Marshal under Sections 922, 17958.5 and 17958.7 of the State,flousing Law. 2. A fire protection district may not adopt a fire prevention code or other regulations that set forth building standards relating to fire and panic safety which are stricter than the standards contained in the State Building Standards Code; and WHEREAS, the State Fire Marshal and State Housing Law standards have traditionally served as a minimally acceptable fire and life safety required standard, and Cities, Counties and Fire Districts have routinely adopted far more encompassing building standards relating to Fire Protection requirements, such as for Smoke Detectors, Fire Sprinklers, Fire Resistive Roofing, Iron Bars on Bedroom Windows with Quick Release Mechanisms, etc.; and WHEREAS, virtually all major fire and life safety improvements in the past have been first developed and adopted by local authority, often following a tragic fire incident, with the new Code innovation being first adopted locally, then over time receiving State -wide, National recognition and acceptance, eventually becoming included in a National or Regional "Uniform Standard ", and then finally becoming adopted by States and local authorities as a minimal standard; and WHEREAS, it is extremely important to the fire and life safety of the State of California that local governments be able to retain their present building code requirements which are more restrictive than the minimal State standards, and maintain their future ability to continue to improve the fire safety of their citizenry through the local Code adoption process; and WHEREAS, the ability to retain "local control" and Home Rule" has always been of major concern to Cities, Counties, and Fire Districts in regards to fire, life safety, and as it pertains to the many other responsibilities of local government; and WHEREAS, the League of California Cities at its 1989 annual conference passed a resolution to sponsor legislation that would maintain local control on this issue; and WHEREAS, the California Attorney General's Opinion #88 -904 concludes that local authority no longer retains the right to be more restrictive than the State standards in regards to residential building codes and that the opinion poses a most serious threat, doubt and uncertainty to local authority in regards to their ability to do so; and WHEREAS, Senator Cecil Green, and Assemblywoman Bev Hansen have introduced legislation, SB 1830 (Green) and AB 2666 (Hansen) which would if adopted clarify the rights of local authority to continue to adopt more stringent fire and life safety residential building standards. NOW, THEREFORE BE IT RESOLVED that the Council of San Luis Obispo strongly supports the adoption of St 1830 (Green) and At 2666 (Hansen) legislation that would assure the ability of cities, counties, and fire districts to adopt building.standards which are more stringent than those adopted by the State Fire Marshal and State Housing Law. Page 2 Resolution No. 6790. (1990 Series) Support SB 1830 (Green) and AB 2666 (Hansen) On motion of Councilwoman Rappa seconded by Councilman Roalman and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Reiss and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard the foregoing resolution was passed and adopted this 1990. ATTEST: V City Clerk Pam Vog * * *sss *ss* APPROVED: City Ad 'nistrative Officer y orne, Fire Chief 4th day of April 40M R0 DUNIN R 6790 1 � ;r= r� :L C, RESOLUTION NO. 6789 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 1261 LOCATED AT 133 ROSITA STREET (BROWN FAMILY ESTATE TRUST, SUBDIVIDERS) WHEREAS, the City Council made certain findings concerning Tract No. 1261 as contained in Resolution No. 5651 (1985 Series), and WHEREAS, all conditions required per said resolution have been met, and WHEREAS, the final map is in substantial compliance with the approved tentative map. NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 1261 is hereby approved. On motion of Councilwoman Rappa , seconded by Councilman Roalman and on the following roll cal -1 vote: AYES: Councilmembers Rappa, Roalman, Reiss and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard the foregoing resolution was passed and adopted this 4th day of April , 1990. ATTEST: f l V 4 6b CITY CLERK P VOGES e MAYOR RON DUNIN R 6789 Resolution No. 6789 (1990 Series) Page two APPROVED: 1ty A inistrative Officer /� "City Engineer N: \mdocs \JKT1261.wp ��N ( \ \\ � � yA V��' r ti J'i RESOLUTION NO. 6788 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PLANS AND SPECIFICATIONS -`FOR ROCKVIEW LIFT STATION REPAIR PROJECT -CITY PLAN NO. P -41R AUTHORIZING STAFF TO ADVERTISE FOR BIDS, AND AUTHORIZING CAO TO AWARD CONTRACT IF BID IS BELOW ENGINEER'S ESTIMATE WHEREAS, the Rockview lift station wet well has been thoroughly inspected and has been determined to be in need of repair to prevent possible collapse; and WHEREAS, the Rockview Lift Station Repair Project is required to provide uninterrupted sewage flow without health hazard to -the citizens of San Luis Obispo; and WHEREAS, Council approved funding for this project in the 1989 -91 Financial Plan on July 24, 1989. NOW, THEREFORE, BE IT RESOLVED the Council for the City of San Luis Obispo approve plans and specifications for the "Rockview Lift Station Repair Project -City Plan No. P -41R!' (engineers estimate $37,000); authorize staff to advertise for bids; and authorize City Administrative Officer to award contract if successful bid is equal to or below engineer's estimate. On motion of Councilwoman Rappa , seconded by Councilman Roaligan, and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Reiss and Mayor Dunin NOES: None ABSENT: Councilmember Pinard the foregoing Resolution was passed and adopted this day of April, 1990. ATTES . u CITY tLERK PAM '11 ES MAYOR RON DUNIN R 6788 Resolution No. 6788 (1990 Series) APPROVED: &ITI_ADAINISTRATIVE OFFICER FINANCE DIRECTOR Wa ,M � UTILITIES DIRECTOR PUBLIC WORKS DIRECTOR WAW6M. Xy EdWATYR DIVISION MANAGER O c� �� � �yv� ��� :__ - - . . . ,.�,,. _ .. -. � ... �_ . , r 1 J �1i f RESOLUTION NO. 6787 (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 restoring and maintaining street pavements are included in the 1989 -91 Financial Plan; 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 -04A, "Street Reconstruction and Resurfacing Project - Various Locations "; 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 Councilwoman Rappa , seconded by Councilman Roalman and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Reiss and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard the foregoing resolution was passed and adopted this 4th day of April , 1990. MAYOR RON DUNIN ATTEST: UAob CITY CLERK PAlRVOGES R 6787 C Resolution No. 6787 (1990 Series) Page Two. APPROVED: City A inistrative Officer City Engineer C ,�o 0 q ,Q. 0 z CE O U L E A119 O v O J �V n� W 'O 1 M1 y IS v A �9 p pV. v aw �m V 1+ m e C i BID SUMMARY City o f SAN LUIS OBISPO Bid Dpening: Date: City Plan No. P -04A Tiwe:3:00p® Job Title: Street Reconstruction /Resurfacing Project - Various locations ----------------------------------------------------------------------------------------------------------------------------- ; ENGINEER'S ; BID ITEM & DESCRIPTION ; ESTIMATE ----------- --------------------- - - - - -- - ---------------- UNI1 - -- - -- ------ ; --- ---- UN1T -- - - - - -- ; --------------- UNIT - - - - -- -------------------- ; UNIT ; No. ITEM UNIT BUAN.; PRICE AMOUNT ; PRICE AMOUNT 1 PRICE AMOUNT ; PRICE AMOUNT ; 1 Clean and Sweep L.S. 1 ;10000.00 10,000.00 ; 0.00 0.00 ; 0.00 0.00 ; 0.00 0.00 ; -------------------------------- - - - - -- ----------------- , - - - - -- -- ---- --- ---- -- - - - - -- -------- ------- , - - - - -- --------------------- 2 -------------------------------------- Excavation Cu.Yd.14010 ; 11.00 ----------------------- 154,110.00 ; --------------------- 0.00 0.00 I 0.00 --------------------- 0.00 ; --------------------- 0.00 0.00 ; 3 Grinding Sq.Yd. ; 4667 ; 2.00 99334.00 ; 0.00 0.00 ; 0.00 0.00 ; 0.00 0.00 ; -------------------------------------- ----------------------- --------------------- --------------------- --------------------- 4 Asphalt Concrete Tons 30280 ; 32.00 968,960.00 ; 0.00 0.00 ; 0.00 0.00 ; 0.00 0.00 ; 5 ----------- Raise w /v,c /o & eonuse -------------------- Ea. 187 ; - - - - -- 175.00 ----------------- 32,725.00 ; - - - - -- --------------- 0.00 0.00 ; - - - - -- 0.00 --------------- 0.00 ; - - - - -- --------------------- 0.00 0.00 ; 6 Upgrade and raise c/o' Ea. 14 ; 250.00 31500.00 ; 0.00 0.00 ; 0.00 0.00 ; 0.00 0.00 ; 7 -------------------------------------- Adjust MH to grade Ea. 50 ; '----------------------- 300.00 15,000.00 ; '--------------------- 0.00 0.00 ; ' 0.00 ---- ------ 0.00 ; ----- - - - - -- ------ 0.00 - -- --- 0.00 ; ---- -- - -- ' 8 -------------------------------------- Adjust new MH to grade Ea. 21 ; '----------------------- 400.00 89400.00 ; '--------------------- 0.00 0.00 ; '-------------------- 0.00 0.00 ; ' 0.00 ----- --- 0.00 --- -- -- -- --' 9 -------------------------------------- Replace Traffic Loop L.S. 1 '----------------------- 5000.00 59000.00 ; '--------------------- 0.00 0.00 ; '--------------------- 0.00 0.00 ; '--------------------- ERR ; ' 10 -------------------------------------- Traffic Control Toro L.S. 1 ; '----------------------- 1000.00 11000.00 ; '------- --------------- 0.00 ; '--------------------- 0.00 ; '--------------------- 0.00 ; ' 0.00; --------------- 0.00; - - - - -- --------------- 0.00; - - - - -- --------------------- 0.00; 0.00 ; 0.00 ; 0.00 ; 0.00 ; ' ------------- - ---------- - ------ - --- ' ------------------ - - - - -' ---------------- - - - - -' ---------------- - - - - -' ---- ----------- --- BID TOTALS ; $1,2085029.00 ; , $0.00 ; $0.00 ; , ERR ; v °1 �" �a`J�� .� �.�� �,, RESOLUTION N0. 6786 (1990 Series) A RESOLUTION OF THE COUNC__IL OF THE CITY OF SAN LUIS OBISPO APPROVING THE TRAFFIC WORK ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The Traffic Work Orders for the period of January 1, 1990 through March 31, 1990 are hereby approved. on motion of Councilwoman Rappa , seconded by Councilman Roalman and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Reiss and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard the foregoing Resolution was passed and adopted this 4th day of April , 1990. YOR, RON DTJNIN ATTEST: CITY dLERK PAM H APPROVED: ty A#inistrative Officer City Engineer bll /wrkord by R 6786 4��ImIM��IIIII�III�INIIII ?1I (� MEE4/ /90 Cl Of Sd11 LUIS OBISpO � °o COUNCIL AGENDA REPORT ITEM NUMBER r FROM: David F. Romero, Public Works Director Wayne A. Peterson, City Engineer Prepared by: Barbara Lynch, Engineering Assistant /Traffic SUBJECT: Traffic Work Orders for the Period of January 1, 1990 through March 31,1990. RECOMMENDATION: Pass Resolution Approving Traffic Work Orders for the Period of January 1, 1990 through March 31, 1990. The City Engineer has, over the past three month, issued work orders making changes to improve safety and operation of the street system and parking facilities. Nearly one -half of these were changes in signing, many resulting from a night review of City streets. One -third were changes in parking. One -sixth were requests for red curbing from the public. The remaining were changes in pavement markings and signals. 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. Pass resolution approving Traffic Work Orders for the period of January 1, 1990 through March 31, 1990. Completed Traffic Work Orders (Jan. 1, 1990 through March 31, 1990) Available in the Council Office for Review bll /wrkord by REUMV ED MAR 2 3 1990 CITY CLERK SAN LUIS OBISPOCA AA Ar z RESOLUTION NO. (1990 Series) A RESOLUTION OF THS 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 January 1, 1990 through March 31, 1990 are hereby approved. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT.: the foregoing Resolution was passed and adopted this day of 1990. MAYOR. ATTEST: CI-TY CLERK APPROVED: City Ad#inistrative Officer i�wrciey ; i i=ce City Engineer b11 /wrkord by RESOLUTION NO. 6785 (1990 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A JOINT POWERS AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO AND SEVEN JURISDICTIONS FOR THE PREPARATION OF A CITY NOISE ELEMENT DPDATEj, CONSTRUCTION STANDARDS AND NOISE DESIGN MANUAL, AND POSSIBLE NOISE ORDINANCE REVISIONS BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That the mayor is hereby authorized to sign the Joint Powers Agreement (Attached as Exhibit ".A") for the city's financial participation in the preparation of an updated Noise Element, noise construction and design standards, and possible noise ordinance revisions. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed Joint Powers Agreement approved by the City Council to the San Luis_ Obispo County Plannning Department. On motion of. Councilperson Rappa_ seconded by Councilperson Roalmaa and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Reiss and Mayor Dunin NOES: None ABSENT: Councilmember Pinard the foregoing Resolution as passed and adopted t_hi_s 4th day of April, 1990. el Mayor Ron Dunin ATTEST• Ci1v Clerk, Agm foges R 6785 Resolution No. 6785 (1990 series) Page Two APPROVED: .�— City dministrative Officer grFAY MrIMI i/a/ 9 Community Deve(looment Director D �����v� �\ 1 Nry�J�� ti 4�� � I �/y �� v�,,rl'�, . l�� ,H� �` �n I4 `n`I.i V / l�r � i ��. � �i f; �, n �, AGREEMENT N0: 23- 90 -CCN JOINT POWERS AGREEMENT A14ONG THE COUNTY OF SAN LUIS OBISPO AND THE CITIES OF ARROYO GRANDE, ATASCADERO, GROVER CITY, EL PASO DE ROBLES, MORRO BAY, PISMO BEACH, AND SAN LUIS OBISPO FOR PREPARATION OF COUNTY AND CITIES NOISE ELEMENT UPDATE/ CONSTRUCTION STANDARDS AND NOISE DESIGN MANUAL /NOISE ORDINANCE REVISIONS THIS JOINT POWERS AGREEMENT is made and entered into this 4th da-y of April 1990, by and between the COUNTY OF SAN LUIS OBISPO hereinafter called COUNTY, and the cities of ARROYO GRANDE, ATASCADERO, GROVER CITY, EL PASO DE ROBLES, MORRO BAY, PISMO BEACH, AND SAN LUIS OBISPO, hereinafter called CITIES, under and pursuant to Section 6500 et seq., of the Government Code. WITNESSET_H: WHEREAS, COUNTY and CITIES desire to undertake certain surveys, studies and plans leading to the development of updates to the Noise. , Elements of their General Plans pursuant to Section 65302 of the Government Code; and, FIIiEREAS,.COUNTY and CITIES wish to develop measures which implement the updated Noise Elements of their General Plans such as construction standards, an informational design manual, and typical zoning regulations, and other standards; and, WHEREAS, it will avoid duplication of efforts, minimize expense, and be of benefit to the citizens of COUNTY and CITIES to jointly agree for the execution of one contract for the preparation of updates to the said Noise Elements of their General Plans and implementation measures; and, G' �ANIMIT "Alt Q €g2f�r A 23- 90 -CCN 0 0 WHEREAS, the Planning or Community Development Director of each City and the Director of the County Department of Planning and Building have reviewed and have had opportunity to comment on the tentative Work Program for the preparation of the Noise Element updates; and WHEREAS, BROWN- BUNTIN ASSOCIATES, INC., a California Corporation (hereinafter Consultant) is engaged in the business of acoustical gonsulting and preparation of Noise Elements and represents that it is qualified to offer its services as consultant in the preparation of said updates to the Noise Elements and implementation measures; NOW, THEREFORE, IT IS MUTUALLY AGREED: 1. The sole purpose of the Agreement is to provide a vehicle by which the parties hereto may cooperate in the preparation of the updates to Noise Elements of their respective General Plans and implementation measures, and no party to this Agreement intends or does hereby assume any.of.the debts, liabilities or obligations of any party hereto. 2. The COUNTY, upon approval by the San Luis Obispo County Board of Supervisors, for and on behalf of COUNTY and CITIES, is hereby designated and empowered as the party to negotiate and execute a contract with the Consultant for the preparation of said General Plan Noise Elements and implementation measures, in an amount not to exceed $63,000. 3. COUNTY, or such person as the COUNTY may designate, is hereby designated as the party charged with the administration and enforcement of said Contract on behalf of the COUNTY and CITIES. 4. COUNTY and CITIES shall contribute funds in accordance with Exhibit "A ", (Cost Contribution Obligation), which exhibit is attached hereto and hereby incorporated herein by reference as though here fully set forth, for payment of the obligation incurred under the Contract which is the subject of this Agreement, and none of the parties to this Agreement shall be liable to any person or agency for the share of any othersuch parties; and provided that the liability of COUNTY and CITIES to contribute funds hereunder shall be limited to the amounts set forth in "Exhibit "A." 5. The amount of money to be expended pursuant to said Contract shall not exceed $63,000 except by written amendment to this Agreement concurred in by all parties hereto. 6. Prior to execution of the Contract, the Treasurer of the county of San Luis Obispo shall receive and receipt for all money contributed by COUNTY and CITIES pursuant to this Agreement. These monies will be maintained in a trust fund by the. Auditor and appropriated to the Planning Department's budget in the fiscal year when the expenditures occur. Amounts due on the Contract referred to herein shall be drawn upon warrants of the Auditor of the County of San Luis Obispo. After termination of this Agreement as provided for in paragraph 11, any surplus money on hand in the trust fund .shall be returned to the parties to this Agreement in proportion to their contribution made within 45 days from the date of the final billing from the Consultant. s. 7. Costs of additional work tasks other than those specifically set forth in the Contract. between the County and Consultant are the responsibility of the City or County requesting the additional service and shall be borne by the COUNTY or CITY electing to have such work tasks performed. Such additional work tasks shall be performed by the county or city desiring them or through separate contract(s) between COUNTY or CITIES and ;the Consultant. The costs.of such additional work tasks shall be above and beyond the amounts specified in Exhibit "A" attached hereto and the maximum expenditure stated in paragraph S of this Agreement. 8. COUNTY and CITIES shall each be responsible for completing at their own expense certain activities, such as reproduction of final documents, as specified in the Contract. • 9. COUNTY and CITIES shall each be responsible for furnishing information with regard to areas under their jurisdiction for use by the Consultant including but not limited to the following: traffic counts and projected future traffic volumes as available for streets listed in the Contract, future circulation plans and improvements, any special mapping requirements for noise contour maps, desired Noise Element goals and any preferred policies and implementation measures, and existing noise ordinances and regulations. 10. COUNTY and CITIES and each of them shall indemnify and save harmless the COUNTY and each other and the officers, agents and employees of each, from any and all claims, demands, damages, costs, expenses or � Oi� liability arising out of or occasioned by any act or omission to act by such COUNTY or CITIES pursuant to this Agreement, including, but not limited to, any act or omission to act on the part of COUNTY'S or CITIES' agents or employees or independent contractors directly responsible to COUNTY or CITIES. 11. This Agreement shall take effect upon its execution by the chairman, or mayoi7, and clerks of the legislative bodies of the county of San Luis Obispo and the seven incorporated cities authorized pursuant to resolutions of such legislative bodies authorizing such execution and shall continue until COUNTY'S Contract with the Consultant shall have been fully performed by the parties thereto and until the updates to the Noise Elements and implementation measures hereunder have been completed and received by the parties hereto and all the obligations of the parties hereto have been performed, whereupon it shall automatically terminate. 12.. Entirei Agreement and Modification. This agreement supersedes all previous contracts and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless made in writing by all parties to this Agreement. 13. Non - Assignment of Contract. No party to this Agreement may assign, transfer, delegate or sublet any interest therein. 14. Enforceability. If any term, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof ` x shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 15. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. CITY OF ARROYO GRANDE By: Mayor By: Clerk CITY OF ATASCADERO By: Mayor By: Clerk CITY OF GROVER CITY By: Mayor By: _ Clerk CITY OF MORRO BAY By: Mayor By: Clerk Date: Resolution No. Date: Resolution No. Date: Resolution No. Date: Resolution No. i CITY OF EL PASO DE ROBLES By: Mayor By: Clerk CITY OF PISMO BEACH By: Mayor , By: Clerk CITY OF SAN LUIS OBISPO By: Mayor Ron Dunin By: V Clerk Voges COUNTY OF SAN LUIS OBISPO By: Chairman, Board of Supervisors By: Clerk, Board of Supervisors JOINT POWERS AGREEMENT PROVISIONS APPROVED AS TO FORM: JAMES B. LINDHOLM, JR. County Counsel By: Deputy County Counsel Dated: MW /hf /cl /1011j/62 07 -18 -89 V Date: Resolution No. Date: Resolution No. Date: Resolution No. 6785 Date: Resolution No. EXHIBIT "A" COST CONTRIBUTION OBLIGATION Arroyo Grande $ 42175.86 Atascadero 6,750.83 Grover City 39407.65 Morro Bay 31010.17 Paso Robles 4,869.51 Pismo Beach 29247.60 San Luis Obispo 12,187.73.. *County of San Luis Obispo 26,350.65 TOTAL $63.000.00 ° *County will be responsible for costs of contract adminis- tration and limited reproduction services as described in the scope of Work and Work Program exhibit of the contract. ADDITIONAL TASKS AND COSTS The following work tasks are not to be included within the scope of services of the contract between the County and Consultant_ .These tasks and any other tasks not specifically set forth in the contract between the County and Consultant shall be the responsibility of the County or city requesting the additional service and shall be performed by that county or city or through separate contract(s) with the consultant. The cost of such additional service shall be borne by the county or cities desiring such tasks, and shall be in addition to the cost contribution obligation specified above: 1. Analyses of transportation routes and stationary noise sources that are in addition to those specified in the Scope of Work and Work.Program exhibit.of the contract. 2. Meetings and public hearings that are in addition to the three public information meetings specified in the Scope of Work and Work Program exhibit of the contract. 3. Reproduction of documents that are in addition to the type and number of documents described in the Scope of Work and Work Program.exhibit of the contract. MW /hf /cl /lj /1316j 2/06/90 � o 1, l b Ef RESOLUTION NO. 6784 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF I SAN LUIS OBISPO ESTABLISHING A FEE FOR THE v ISSUANCE AND RENEWAL OF ALARM PERMITS FOR FALSE ALARMS WHEREAS, the Municipal Code of the City of San Luis Obispo requires that a fee be established by the City Council for the issuance and renewal of alarm permits and for false alarms (San Luis Obispo Municipal Code Section 15.12.050); and WHEREAS, the City Council desires to defray costs associated with alarm permits, and false alarms, NOW, THEREFORE, BE IT RESOLVED as follows: The following Alarm Permit and False Alarm Response fees are hereby established: A. Permit Fees The initial fee for a permit to operate an alarm system shall be $30.00. The annual permit renewal fee shall be $25.00. B. False Alarm Response Fees The fee for a fourth response to the location of a false alarm by the Police or Fire Department during any consecutive 12 month period shall be $25.00. The fee for the fifth such response shall be $50.00 The fee for the sixth and each subsequent response shall be $100.00. On motion of Councilman Reiss , seconded by Councilman Roalman r on the following roll call vote: - Ayes: Councilmembers Reiss, Roalman, Pinard, Rappa, and Mayor Dunin Noes: None Absent: None R 6784 Resolution No. 6784 (1990 Series) Page Two W the foregoing Resolution was passed and adopted this 2nri, day of March , 1990, and shall become effective May 3, 1990. ayor Ron Dunin ATTEST: UrfAA -City Clerk, Pa oges APPROVE Ci y dmini trative Officer of Police ire (5.1i�ief �� pi �\� �� �� ��. �: ���;� �,.•�'. RESOLUTION NO. 6783 (1990 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE JOHNSON PARK PROJECT WHEREAS, the Congress under Public Law 88 -578 has authorized the establishment of a Federal Land and. Water Conservation Fund Grant -In -Aid Program,, providing matching funds to the State of Callforn_ is and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the State Department of Parks and Recreation is responsible for administration of the program in the state, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior to submission of said applications to the state; and WHEREAS, the proposed Johnson Park project is consistent with the Statewide Comprehensive Recreation Resources Plan: California Outdoor Recreation Plan -1988; and WHEREAS, the project is compatible with the land use plans immediately surrounding the project; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Approves the filing of an application for Land and Water Conservation Fund assistance; and 2. Certifies that the City will provide matching funds, and can finance one hundred percent of the project, half of which will be reimbursed; and 3. Certifies that the project is compatible with the land use plans immediately surrounding the project ;' and 4. Appoints the Director of Parks and Recreation to conduct all negotiations and execute and submit all documents, including, but not limited to, applications; agreements, amendments, billing statements, etc., which may be necessary for the completion of the aforementioned project. R 6783 Resolution No. 6783 (1990 Series) Page 2 Councilwoman Councilwoman On the motion of Rappa , seconded by Pinard and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, Reiss, Roalman, and Mayor Dunin NOES: None ABSENT: None The forgoing Resolution was passed and adopted this 20thday of March , 1990. el?A—YOR RON DUNIN ATTEST: C" CLERK PAMELt VOGES APPROVED: C $ill Statler, Finance D for 9 � J 0 Ej RESOLUTION NO. 6782 (1990 SERIES) RESOLUTION SUPPORTING EARTH DAY 1990 AND THE GLOBAL CITIES PROJECT WHEREAS, the City of San Luis Obispo has long supported environmental protection and natural resource management programs and policies; and WHEREAS, public concern about protecting the Earth is rapidly increasing as a new scientific information about environmental threats such as global warming, ozone depletion, acid rain, air pollution, and more becomes available; and WHEREAS, citizens and business leaders are now recognizing environmental protection and resource conservation to be essential prerequisites to the foundation of sustained prosperity and economic development; and WHEREAS, cities have many critical environmental responsibilities; including land -use planning, management of transportation systems, solid and liquid waste management, and much more; and WHEREAS, almost twenty years ago, millions of Americans joined together on Earth Day to express an unprecedented concern for the environment, and their collective action resulted in the passage of sweeping laws to protect our air, our water, and the lands around us; and WHEREAS, citizens and their governments must again renew their commitment to meet the global environmental challenge and "stand up together in cities, counties, towns, and villages around the world for a day of collective action to declare our shared resolve; R 6782 Resolution No. 6782 Page Two (1990 Series) N NOW, THEREFORE, BE IT RESOLVED that. the City of San Luis Obispo endorses Earth Day 1990, declaring.that April 22, 1990 shall be designated and proclaimed as Earth Day, and that the day shall be set aside for public acitivit-ies promoting preservation of the global environment. On motion of Councilwoman Rappa , 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 20th day of March ATTEST: City C rk Pam V es APPROVED: c Cit A ministra ive Off'cer 1990. ayor Ron Dunin J �✓1V V r►J RESOLUTION NO. 6781 (1990 . SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PROJECT FOR UTILITY TRENCH REPAIR WHEREAS, repair of the street pavement is the final step in making a pipeline repair; and, WHEREAS, funds for said repair are available in the Water Fund Operating Budget, and WHEREAS, the City has prepared Plans and Specifications for the 1990 Utility Trench. Repair Project, City Plan No. P -45A; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Plans and Specifications are approved for 1990 Utility Trench Repair Project, City Plan No. P -45A. 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 Engineer's Estimate. SECTION 4. The City Clerk shall furnish a copy of this resolution to the Director of the Public Works, Finance Department and Utilities Department. R A7A1 0 Resolution No.6781(1990) Page Two • On motion of Councilwoman Rappa seconded by Councilwoman Pinard and of 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 day of March , 1990. C�MAYOR RON DUNIN ATTEST: Q.� ft.-,LA CITY C RK PAM V ES x s s s s s t s APPROVED: 20th City A i tr a Officer L�,YV�i— Ayto�Key/ Fin ce Director Public Works Director \� e Ate: -�' k�`� Project Manager Utilities Director p45a.wp /bradley /streets2 � • 0 RESOLUTION NO. 6780 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 1652 LOCATED AT 275 NO.CHORRO STREET (TAKKEN AND HARRIS, SUBDIVIDERS) WHEREAS, the City Council made certain findings concerning Tract No. 1652 as contained in Resolution No. 6549 (1988 Series), and WHEREAS, all conditions required per said resolution have been met or have been bonded for under a subdivision agreement and /or are conditions of current building permits, and WHEREAS, the final map is in substantial conformance with the approved tentative map. NOW THEREFORE BE IT RESOLVED that the final map is hereby approved and the Mayor is .authorized to execute the subdivision agreement. Councilwoman Councilwoman On motion of Kappa seconded by 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 20th day of March , 1990. MATO—R-RON DUNIN R 6780 G Resolution No. 6780 (1990 Series) Page two APPROVED: 'c- .,/ E ~veer N:JKT1652.wp �. � �. �, � . ��� �' ��� Q .. .. -- � :�v. 0 RESOLUTION NO. •6779 (1990 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO AMENDING A POLICY FOR NOTICING VARIOUS TYPES OF DEVELOPMENT REVIEW WHEREAS, the Council finds that it is in the community's best interest to provide extensive public notice of development proposals in order to solicit neighborhood participation in the review of new projects; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the amended noticing schedule as set forth in the attached table labeled "Notification Requirements" which are incorporated hereby by reference. On motion of Councilwoman Rappa 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 20th day of March ATTEST: 2... ( ). , City C1 rk Pam Vo , 1990. ayor Ron Dunin R 6779 r- Resolution No. 6779 (1990 Series) Page 2 APPROVED: NOTIFICATION REQUIREMENTS PROCEDURE AD AD MAP LETTERS TO ADJACENT LETTERS TO PROPERTY SIGNS PROPERTY OWNERS OWNERS WITHIN 300' ADDRESS CHANGE 5 APPEALS SAME AS ORIGINAL APPLICATION ARCHITECTURAL REVIEW - A.R.C. 10 10g 10 Minor or Incidental Se 5 e Non - Residential Adjacent to Residential Zone 10 10 Determination of Significant Structure 10 10 10 10 Demolition of SignMicant Structure h h CONDOMINIUM CONVERSIONS 10 10 tO 10 10 10 1 t0 CULTURAL HERITAGE - Projects on Residential Sites g 5 Projects in Historical Districts b Demolition on Historical Resource Sites Demolition in. Historical Districts 5 b b Changing Master List: Resources Changing Historical.District Boundaries 10 10 1 10 .DOWNTOWN HOUSING CONVERSION PERMITS r City Council 10 10 a g 10 10 ENVIRONMENTAL REVIEW - Community Development Department h GENERAL PLAN AMENDMENT - Map - Planning Commission C.C. and 10 10 10 Text - Planning Commission and City Council 10 HOME OCCUPATION PERMITS 5 Home Occupation with Administrative Hearing 5 5 PARCEL MAPS (ail except Planned Devel.) - Tentative map - Director 10 10 a 5 Final map - Director 10 10 1 10 10 PLANNED DEVELOPMENT REZONING - Preliminary - P.C. and C.C. 10 / 0 10 10 Final Development Plan - Director NO NOTICE Amendments (preliminary or final) - Planning Commission 10 10 REZONING - Map - Planning Commission and City Council a. A+... Y. 10 10 10 10 10 Text= Planning Commission and City Council 10 10 SCHOOL TENANT PERMITS School Tenant with Administrative Hearing 5 h SIDEWALK SALES PERMITS 10b 5 NO NOTICE s SIGN PERMITS NO NOTICE SPECIFIC PLAN AMENDMENT- Planning Commission and C.C. 10 10 STREET ABANDONMENTS - Planning Commission 10 10 1p Resolution of Intent - City Council 10 to NO NOTICE Resolution Ordering - City Council 10 1 d STREET NAME CHANGE - Planning Commission 10 t0 i0 c TIME.EXTENSIONS log 10 d b TRACT MAPS AND PARCEL MAPS WITH P.D. (tentative) r P.C. 10 10 USE PERMITS _- Administrative 5 10a 10 Planning Commission and City Council 10 5 5 VARIANCES - Administrative 5 10a 10 • NLIMRFRC IN f:f1l rIAAnIC uinlnwx r,.- .........-- ... -_ - -._ _____ __ .._- _... - - -• -• • • •� ..� nocn yr vh Ta rruVH I V rttAHING 1 FIAT ACTION (LEGAL AD, LETTER, POST SIGN...) IS TO OCCUR a. Notice to adjacent tenants, including those across the street b. Notice may be required to adjacent or any other property owners at the discretion of the Community Development Department's Director or his representative. c. Signs must be 300' apart or less, minimum three signs. nimum of three signs. e. Notice at least two days before final action. t. Letters sent to persons or organizations that have requested notice of demolition of significant structures. g. Notice to tenants. h. No specific date or time limit The above no procedures meet or exceed the requirements of other sections of the City of San Luis Obispo Municipal Code or applicable state law. While k is airy policy to provide additional notice beyond these requirements, failure to provide such notice shall not be construed In any way as Invalidating othervvise proper actions or decisions. These requirements were amended by Council Resolution No. 6779 on 3120/80. 72 - RESOLUTION NO. 6778 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DESIGNATING 1990 AS CENSUS YEAR WHEREAS, a complete count of the city's population is necessary for: accurate assessment of citizens' needs; fair representation in county, state, and national legislative districts; and equitable distribution of revenues and grants; The Council of the City of San Luis Obispo resolves that 1990 be designated "Census Year," and all residents be urged to complete and return their confidential responses to the census questionnaires. Councilwoman Councilwoman On motion of Rappa , seconded by Pinard and on the following roll call vote: AYES: Councilmembers.Rappa, Pinard, Reiss, Roalman, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution as passed and adopted this day of March , 1990. ATTES City C erk Pam Vo s 20th of - r-Mayor Ron Dunin • RA77R Resolution No. 6778 (1990 Series) Census Year Page 2 APPROVED: gmD: cen- res.wp E RESOLUTION NO.6777(1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING MID -YEAR BUDGET REQUESTS FOR FISCAL YEAR 1989 -90 AND AMENDING THE 1989 -91 FINANCIAL PLAN WHEREAS, the City Administrative Officer.has presented the Council with a Mid- Year Budget Review report on March 5, 1990, in accordance with the City's Financial Plan policies; and WHEREAS, mid -year budget requests and amendments to the 1989 -91 Financial Plan were submitted at that time for Council consideration and approval. NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo that: Section 1. The Mid -Year Budget Requests recommended by the City Administrative Officer for Fiscal Year 1989 -90 are hereby approved in the amount of $ 697200 as summarized in Exhibit A attached hereto. Section 2. The 1989 -91 Financial Plan for Fiscal Year 1990 -91 is hereby amended in the amount of $1;024,700 as summarized in Exhibit A attached hereto Councilman Councilwoman On motion of Roalman seconded by Rappa and on the following roll call vote: AYES: Councilmembers Roalman, Rappa, and Reiss NOES`. Mayor Dunin ABSENT: Councilwoman Pinard the foregoing Resolution was passed and adopted this 5th day of March 1990. ATTES yor Ron Dunin City Cle k Pam Voges 6777 EXHIBIT A SUMMARY OF 1989 -90 MID -YEAR BUDGET REQUESTS AND AMENDMENTS TO THE 1989 -91 FINANCIAL PLAN ------------------------------------------------------------------------------------------------------------------ Regular Amount Requested Positions ------------------------- Requested 1989 -90 1990 -91 - ---- --------- -- -- - --- -- -- --- ----------- --- ---------- OPERATING PROGRAMS Public Safety Police Patrol Services - Speed Trailer Public Utlities Groundwater Well's - Operation and Maintenance General Government Legal Services - Contract Service Requirements Personnel.Administration - Classification Studies Total Operating Programs CAPITAL IMPROVEMENT PLAN PROJECTS Leisure, Cultural 8 Social Services Mission Plaza Projects General Government City Hall Asbestos Removal City Hall Office Systems Furniture Total Capital Improvement Plan Projects TOTAL MIO-YEAR. BUDGET REQUESTS $6,600 50 1 359,900 736,700 45,700 0 15,000 0 1 427,200 736,700 --------------------------------------------- 50,000 50,000 180,000 143,000 40,000 ------------------------------ 95,000 335,000 ------------------------------ 288,000 $697,200 $1,024,700 ,c� nn ��P h 4' i 4�v C J RESOLUTION NO. 6776 (1990) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING EXECUTION OF AN AGREEMENT WITH WESTERN ALARM TRACKING FOR ALARM TRACKING SERVICES WHEREAS, the City of San Luis Obispo is confronted with an increasing number of alarm systems in use in the City; and WHEREAS, the tracking of alarm users, permit fees and false alarm fees requires either an increase in City employees or the services of an outside contractor; and WHEREAS, a search for- contractors has revealed that Western Alarm Tracking is the only contractor capable of servicing the City in this matter; and WHEREAS, the Chief of Police has negotiated a. contract with Western Alarm Tracking which will allow the payment of contractor solely from funds generated through fines and revenue collected by contractor. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. To authorize the City Administrative Officer to execute the attached negotiated agreement with Western Alarm Tracking. 2. To direct the City Clerk to furnish copies of this executed resolution and the fully executed agreement to the Finance Department, the Police Department and to Western Alarm Tracking, 18627 Brookhurst, Suite 287, Fountain Valley, CA 92708. On motion of Councilwoman Raooa , seconded by rnunr;lman Roalman and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard, Feiss and Aiayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of March 1990. ayor, Ron Dunin- ATTES City Clerk, Pamela es R�776 Resolution No. 6776 (1990 Series) Page Two APPROVED: e Chief Fire Chief � P�� T��� �` `� . Q /�� � `J�` �j.��5o ��� 1W C .^ AGREEMENT NO. 19 -90 —CC SERVICING AGREEMENT This Agreement made and entered into in duplicate originals the date of the last signature hereto between "WESTERN ALARM TRACKING', hereinafter referred to as "WAT', 18627 Brookhurst, Suite 287, Fountain Valley, California 92708 and the "CITY OF SAN LUIS OBISPO", hereinafter referred to as "CUSTOMER", and identified by its signature hereto. WHEREAS WAT is experienced in Automated Management Tracking, Processing and Collection Systems; and WHERFAS. CUSTOMER desires to make use of said services and experience of WAT; NOW, THEREFORE, it is agreed between the parties thereto as follows: 1. SUBJECT a. During the term of this Agreement WAT will supply to CUSTOMER, computerized services. Said services will include: 1. ON -LINE computerized retrieval system at WAT facilities 2. Automatic enforcement notice mailing 3. Report(s) showing collection, banking and payment processing; and reporting of same to the CUSTOMER 4. Verification of occurrence, permit, residence name and address given by Permit number and/or Address b. WAT will provide the complete data processing services required for above including all necessary systems analysis and design, computer programming, conversion of data, information storage and retrieval, data transmission, systems controls and all related man - machine interaction including data entry and verification necessary for the CUSTOMER. 2. RELATIONSHIP OF CUSTOMER AND WAT a. WAT is not an employee of CUSTOMER. Rather, WAT is an independent contractor although WAT employees(agents may work with CUSTOMER'S employees and at times at the cite or CUSTOMER'S business location. CUSTOMER is contracting for results produced by WAT only and shall not determine how WAT internally performs its obligations under this Agreement. WAT shall bear all of its own expense and disbursements for travel, maintenance, personnel, office, clerical, and overhead expense. 3. SERVICES PERFORMED BY WAT a. WAT agrees to process CUSTOMER AND /OR ISSUING AGENCY S data within three (3) days of receipt of documents form CUSTOMER AND /OR ISSUING AGENCY. WAT will process and record person or persons record of payment(s) received. WAT will provide monthly a statistics report summarizing said information to CUSTOMER although eliminating reporting of false alarm from prior calendar years ff more than twenty -four (24) months after initial delivery to WAT. b. WAT agrees to provide, as requested, additional reporting. Agreed upon delivery times by WAT are subject to delay for causes beyond those anticipated by or within the control of WAT. WAT does not agree to assume responsibility for consequential damages to CUSTOMER, if any, for delay in WAT delivery specially requested processed records or data to CUSTOMER. c. All monthly reporting and accounting will be provided to the CUSTOMER by the 15th of the month for received activity for the previous month. d If any, all forms, all delinquency notices, and all correspondence sent and provided by WAT will conform to State and local law. 4. SERVICES BY CUSTOMER a. CUSTOMER shall supply the following to WAT at the following times: 1. Alarm information (residence, alarm company, false alarm, and ID number system). 2. Copies of ordinance and Appeal form (if any) to accompany invoice mailer. 3. Provide WAT with all necessary CUSTOMER letterhead and envelopes. 5. PROPERTY OF WAT a. The parties hereto agree that WAT is the owner of and shall remain the owner of all of its concepts, approaches, trade secrets, computer programs, experience, written procedures, forms, magnetic tapes, punch cards, and similar computer materials. b. Trade secrets shall be defined by agreement between the parties hereto to include without limitation, WAT Computer Software and ideas included therein. c. During the term of this Agreement and the relationship of the parties, WAT may develop new and additional programs, and methods of handling and processing the data which is the subject of this Agreement which programs and methods are agreed to be the property of WAT. 6. PROPERTY OF CUSTOMER a. All documents, records, tapes, information supplied by CUSTOMER to WAT is agreed to be and to remain the sole property of CUSTOMER and WAT agrees to return the physical evidence of same supplied by CUSTOMER to CUSTOMER no late that forty -five (45) days following termination of this Agreement. Within such period, the A19 —;0 —CC CUSTOMER may make arrangements with WAT for the transmission of such data to the CUSTOMER upon payment to WAT of the cost of such tape and processing charges from WAT's computer facilities to CUSTOMER's designated point of delivery. If termination of this document is by WAT, WAT will waive all costs set out in this paragraph. 7. STORAGE FOR CUSTOMER a. Wat agrees to store and have available its processing of CUSTOMER's data for a reasonable period of time, no longer than three- hundred sixty -five (365) days. WAT will provide CUSTOMER reasonable retrieval of same during such period. The CUSTOMER relieves WAT of all liability costs and loss for such storage or retrieval for CUSTOMER to any other person or entity using such data. b. Subsequent to said three - hundred sixty -five (365) days, WAT will deliver to CUSTOMER WAT's hard copy. If requested, a magnetic tape of processed data is available for a fee of Seventy -Five Dollars. 8. EXCLUSIVITY a. The parties agree that the consideration to be paid to WAT is based in part upon WAT furthering and developing its good will as the exclusive servicer of said of said services to CUSTOMER. CUSTOMER therefore agrees to utilize only the services of WAT during the term of this Agreement for the processing of the Alarms referred to above. CUSTOMER agrees during the term of the Agreement to not directly or indirectly assist a competitor of WAT in the performance of the services provided by WAT under this Agreement, and subsequent to the term of this agreement to not divulge the trade secrets or property of WAT to any entity other than WAT. 9. PAYMENT TO CUSTOMER a. False Alarm payments will be deposited daily, or as otherwise agreed upon schedule, into CUSTOMER's bank account. CUSTOMER will disburse revenues monthly, on the 15th of each month, for the previous month upon presentation of an invoice from WAT. WAT will provide a detailed listing of all false alarms paid, in addition to all requested reports. 10. CONFIDENTIALITY a. CUSTOMER agrees to keep confidential the procedures, approaches, and trade secrets. WAT agrees to keep confidential the data supplied it by CUSTOMER except if same is delivered to or released to a third party or parties at the request of CUSTOMER or as reasonably anticipated in order to supply the herein services to CUSTOMER. WAT shall not be obligated to keep private data which has entered public knowledge or which may legally be obtained through third parties, or to keep confidential techniques developed solely by WAT or jointly with CUSTOMER regarding this subject of this Agreement. 11. HOLD HARMLESS a. WAT agrees to use reasonable care in the processing of data supplied by CUSTOMER and agrees to correct errors in its transcribing without charge. Neither party agrees to responsibility to any other party for the negligence of the other party to this agreement. Each party agrees to: 1. Defend after reasonable notice and request suits brought against the other which are due to its own negligence; and 2. Pay any non - exemplary judgement against the other party resulting from its own negligence after reasonable and timely opportunity to defend has been given to the negligent party. b. CUSTOMER additionally agrees to hold WAT harmless from damages, if any, which flow necessarily from release of the herein data to WAT and WAT's non - negligent performance of its duties as herein provided. 12. AF 7RMATIVE ACTION a. WAT will comply with Title VI of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, handicap, sex or national origin be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under this act. 13. TERM a. The term of this Agreement shall commence upon last signature of this agreement hereto and shall continue in full force and effect for 1 year at which time it shall automatically renew for 1 year periods unless 30 days prior to same either party notifies the other in writing of its election to NOT renew for cause, or unless earlier terminated by the occurrence of any of the following occasions: 1. Ninety (90) days written notice (without cause) served on the other party; or 2. Breach of the Agreement by the other party upon written election based thereon served on the other party giving the other party thirty (30) days within which to cure such breach, if curable. 14. INCORPORATORS a. The exhibits attached hereto labeled EXHIBIT A & B are hereby incorporated by this reference with the same force and effect as if set forth in full in this place. 13. ATTORNEY'S FEES a. If any action is filed in a Court of proper jurisdiction and is reasonably necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to its reasonable attorney fees and reasonable disbursements in addition to any other relief to which the prevailing party may be entitled. WAT and CUSTOMER acknowledge recelpt of c this page i WAT Initials ( CUSTOMER Initlala.. f vim~ 16. CHOICE OF LAW a. This Agreement shall be governed by and construed in accordance with the laws of the state where this contract is being signed and at the time of execution or renewal thereof wherein the consideration to WAT is payable and wherein this Agreement is accepted by WAT. 17. PARTIAL INVALIDITY a. If any portion of this Agreement is declared invalid by Court of proper jurisdiction the remaining provisions shall be carried in effect as stated. 18. ENTIRE AGREEMENT a. This Agreement constitutes the only Agreement of the parties hereto relating to the herein services and correctly sets forth their respective rights and duties. Any prior or concurrent representations, agreements, promises, negotiations not expressly set forth herein are agreed to be of no force or effect. Executed on the dates set beside signatures hereto at the places hereafter indicated. WESTERN ALARM TRACKING, by: , . � qt" Carter . Green, President Date: 7-13-89 at f0U1,TAr-4JVALLG 4 . Ca. CUSTOMER, by: e TITLE: City Administrative Officer at San Luis Obispo CA WAT and CUSTO ER acknowledge receipt of cope of this page ii'AT Initials CUSTOMER Inrtiala` EXHIBIT' ►A ►► Procedure for collection of False Alarm fees and forwarding: 1. WAT will instruct citees /defendants to mail personal check or money order only to: CITY OF SAN LUIS OBISPO P.O. Box 8100 San Luis Obispo, CA 9.3403 -8100 or other agreed upon local area mailing address, made payable to "City of SAN LUIS OBISPO ". 2. False Alarm payents will be deposited into CUSTOMER'S bank account, accessible by WAT in Orange County, California. WAT will provide a detailed listing of all false alarms paid, in addition to all requested reports. 3. WAT agrees to make all deposits on a daily or 'as received' basis. 4. In case WAT ceases or discontinues the above processing, all software including data files will become the exclusive property of CUSTOMER. WAT and CUSTOMER acknowledge receipt of copy of thas page WAT Initials ( CUSTOD -ER InilW l JW RATE Exhibit Service charges to CUSTOMER by WAT: 1. Permit issuance a. 40% for each permit issued. 2. False Alarm Fees a. 40% of collections up to $50,000.00. b. 25% of collections above $50,000.00. 3. Postage Costs a. Billing to be the responsibility of WAT. b. Warning letters/notifications to be the responsibility of CUSTOMER. iVAT and USTDUER a4n6 I WAT i IN TS CUSTOMER Inch RESOLUTION NO. 6775 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF SAN LUIS OBISPO AND BROWN AND CALDWELL FOR IMPLEMENTATION OF THE WASTEWATER MANAGEMENT PLAN FOR DESIGN AND OFFICE ENGINEERING FOR UNIT 4 TREATMENT PLANT IMPROVEMENTS NTS AND CONSTRUCTION MANAGEMENT SERVICES FOR UNITS 3 & 4 AND COLLECTION SYSTEM IMPROVEMENTS PROJECTS: WHEREAS, the City has adopted a Wastewater Management Plan; and WHEREAS, the Wastewater Management Plan identifies a specific program for it's implementation; and' WHEREAS, Council, on October.11, 1988 selected the "Full Compliance" option for implementation of the WWMP; and WHEREAS, the City is ready to proceed with. the Design of Unit 4 Improvements, and actual construction of Units 3 & 4, and Collection System Improvements and desires technical assistance in the implementation of these projects; and WHEREAS, the City has previously gone through a consultant selection process and the firm of Brown and Caldwell is determined to be capable and interested in providing assistance. NOW THEREFORE, BE IT RESOLVED the Mayor is authorized to execute the Agreement for Engineering Services between the City of San Luis Obispo and Brown and Caldwell for Implementation of the Wastewater Management Plan for Design and Office Engineering for Unit 4 Treatment Plant Improvements and Construction ' Management Services for Units 3 & 4 and Collection System Improvements Projects at a cost of $3,290,571. On motion of Councilman Reiss , seconded by Councilman Roalman , and on the following roll call vote: AYES: Councilmembers Reiss, Roalman, Pinard, Rappa and Mayor Dunin NOES: None ABSENT.: None the foregoing Resolution was passed and adopted on this 6th day of Marrh . 1990_ RON DUNIN ATTE CITYfLERK-P V01133ES R6775 Resolution No. 6775(1990 Series) Wastewater Management Plan Implementation Page 2 APPROVED: L 11.A1. t.L L11WLV1VS� VVV� UTILITIES DIRECTOR TEWATER.DIVISION MANAGER un4desgn.wp AGRREEMENT N0. 18 -90 -CC AGREEMENT FOR ENGINEERING SERVICES BETWEEN CITY OF SAN LUIS OBISPO AND. BROWN AND CALDWELL FOR DESIGN OF UNIT 4 WASTEWATER TREATMENT PLANT IMPROVEMENTS AND CONSTRUCTION MANAGEMENT SERVICES FOR THE IMPLEMENTATION OF WASTEWATER MANAGEMENT PLAN THIS AGREEMENT, made and entered into on this 6th day of March , 1990, by and between City of San Luis Obispo or "City", hereinafter referred to as "Owner," and Brown and Caldwell, a California corporation, authorized to provide engineering services, hereinafter referred to as "Engineer." WITNESSETH: WHEREAS,. City and Engineer have previously entered into an Agreement- -on February 23, 1988, for engineering services- for implementation. of Wastewater Management Plan for the City -of- -San Luis Obispo; and WHEREAS.,. Engineer has completed the final design for the construction. cf:.- .'nit 3 Wastewater Treatment Plant Improvemerits--ind WHEREAS, City has requested Engineer to provide design and office engineering services for Unit 4 Wastewater Treatment Plant Improvements and the Construction Management Services for Implementat'_on of the Wastewater Management Plan, hereinafter referred to as the "Project "; and WHEREAS, Engineer has available and offers to provide personnel and facilities necessary to accomplish the work within the required time; and WHEREAS, Owner and Engineer have completed negotiation of price based on certified cost data submitted by Engineer, and NOW, THEREFORE, Owner and Engineer agree as follows: N /AGR.:9920 -07AGR Page 1 of 12 18 -9D -CC I I. PROJECT COORDINATION A. City The City Utilities Director shall be the representative of the city for all purposes under this agreement and is designated as the Project Manager for the City. He shall supervise the progress and.execution of this agreement. B. Engineer Engineer shall assign a Project Director and a Project Manager for this project. Mr. Pervaiz Anwar is hereby designated as the Project Director and Mr. Azee Malik is hereby designated as the Project. Manager for Engineer. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Director or Project Manager for any reason, the Project Director or Project Manager designee shall be subject to the prior written acceptance and approval of the City's Project Manager. II. DUTIES OF ENGINEER - A. Description of: Project The Project "Descri.otion of described will executed by the is described in Exhibit A entitled, Pr_Ugect11 . Any changes in the Project =as - be incorporated by written Amendment City's Project Manager and Engineer. B. Scope of Engineering Services Engineer agrees to perform those services which are described in detail hereafter. Unless modified in writing by the parties hereto, duties of Engineer shall not be construed to exceed those services specifically set forth herein. 1. Design Engineering Services Engineer agrees to perform those tasks described in Exhibit B -1 entitled, "Scope of Design Engineering Services, ". Compensation for Design Engineering Services shall be as provided in Exhibit C. Page 2 of 12 N /AGR:9920 -07AGR C.. D. 2. Office _Engineering Services Engineer agrees to perform Office Engineering Services described 1; n Exhibit B -2 entitled, "Scope of Office Engineering Services for Unit .4 Improvements," Compensation for Office Engineering Services shall be as provided in Exhibit C. 3.' Construction:Mana�ement Services: Engineer agrees to perform. Construction Management Services described in Exhibit B -3 entitiled, "Scope of Construction Management Services for the Implementation of the Wastewater management Plan. Compensation for Construction Management Services shall be as provided in Exhibit C. . 4. Special Engineering Services. Owner and Engineer agree that certain - of the work contemplated to be performed by Engineer cannot be defined sufficiently ,at the time of execution of this Agreement, and that incidental engineering work related to the Project and not covered in Design, Office and Construction Management Services may be needed during performance of this Agreement. Such categories of work shall be classified as Special Engineering Services.. Special Engineering Services shall be authorized by the Project Manager for the City. Release of Reports and Information. - Any reports, information, data, or other material given to, or prepared or assembled by, Engineer under this agreement shall be the property of City and shall not be made available to any individual or organization by Engineer without the prior written approval of the City's Project Manager. Copies of Reports and Information. If City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Engineer is required to furnish in limited quantities as part of the services under this agreement, Engineer shall provide such additional copies as are requested., and City shall compensate Engineer for the costs of duplicating of such copies at Engineer's direct expense. N /AGR:.9920 -07AGR Page 3 of 12 III. IV. E. Qualifications of Engineer. Engineer is employed to render a professional-- service only, and any payments made .to Engineer are compensation solely for such services rendered and recommendations made in carrying out the work. Engineer shall follow the practice of the engineer profession to make .findings, provide opinions, make factual presentations, and provide professional advice and recommendations. In performing. construction management services only, Engineer shall act as agent of Owner. Engineer's review or supervision of work prepared or performed by other individuals or firms employed by Owner shall not relieve those individuals or firms of complete responsibility for the adequacy of their work. It is understood that any resident engineering or inspection provided by Engineer- is for the purpose of determining compliance with the technical provisions of Project specifications and does not consistute any form of guarantee or insruance with respect to the performance of a contractor. Engineer -does -not assume responsibility for methods or.appliances. -used by a contractor, for the safety - of construction work, or for compliance by contractors with laws and regulations. Owner shall use its best efforts to assure that the construction contract requires that the contractor(s)_-indemnif Engineer and construction-` manager as well as Owner, and that the contractor(s) name. Engineer and construction manager as additional insureds on contractor's insurance policies covering Project. DUTIES OF CITY City agrees to cooperate with Engineer and. to provide treatment plant operation, maintenance, and performance data as requested plus available construction or as -built drawings. COMPENSATION For the services described in Exhibits B -.1, B -2 and B =3', which are to be performed by the Engineer, the Owner agrees to pay; and the Engineer agrees to accept, compensation in accordance with the methods and schedules set forth in Exhibit C. Payment to the Engineer is due upon receipt of invoice by Owner. If payment is not made within 30 days, interest on the unpaid balance will accrue beginning with the Page 4 of 12 N /AGR:9920 -07AGR .31st day at the rate of 1.0 percent per month or the maximum interest rate permitted by law, whichever is lesser. Such interest will become due and payable at the time said overdue payment is made. V. AUTHORIZATION., PROGRESS, AND COMPLETION Specific authorization to proceed with work described in Exhibits B -1, B -2 and B -3 shall be granted in writing by the Owner within a reasonable time after the effective date of this Agreement. The Engineer shall not proceed with the work without such authorization. The Schedule for the completion of the work is presented in Exhibit D entitled, "Project Schedule." VI. TEMPORARY SUSPENSION The City's Project Manager shall have the authority to suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the Engineer to perform any provision of this agreement. Engineer will be paid the compensation due and payable to the date of temporary suspension. �- VII. SUSPENSION; TERMINATION A. Right to Suspend or Terminate _3�: The City retains the right to terminate this agreement for any reason by notifying Engineer i -n writing 7.d6ys prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Engineer, City shall be obligated to compensate Engineer only for that portion of consulting services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Engineer and should they fail to agree, then an independent arbitrator is to be appointed and his decision shall be binding upon the parties. B. Return of Materials Upon such termination, Engineer shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations and other data, whether or not completed, prepared by Engineer, and for which Engineer Page 5 of 12 N /AGR:9920 -07AGR I l�J` ✓r has received reasonable compensation, or given to Engineer in connection with this agreement. Such materials shall become the permanent property of City. Engineer, however, shall not be liable for City's use of incomplete materials or for City's use of complete - documents if used for other than the project contemplated by this agreement: VIII. INSPECTION Engineer shall furnish. City with every reasonable opportunity for City to ascertain that the services of Engineer are being performed in accordance with the requirements and intentions of this agreement: All work done and all materials furnished, if any, shall be subject to the City Project Manager's inspection and approval. The inspection of such work shall not relieve Engineer of any of its obligations to fulfill its agreement as prescribed. IX. OWNERSHIP OF MATERIALS All original drawings, plans, documents and other materials prepared by or in possession of Engineer pursuant to this agreement shall become the permanent property of the City, and shall be delivered to the City upon demand. Engineer may keen file copies of all the documents. -------- - K. INDEPE €dDENT JUDGMENT y Failure of City to agree. with Engineer's independent findings, conclusions, or recommendations, if the same. area called for under this agreement, on the basis of difference in matters of judgment shall not be construed as a failure on the part of Engineer to meet the requirements of this agreement. XI. ASSIGNMENT.: SUBCONTRACTOR'S EMPLOYEES This agreement is for the performance of professional engineering services of the Engineer and is not assignable by the Engineer without prior consent of the City in writing. The Engineer may employ other specialists to perform special services as required with prior approval by the City. Page 6 of 12 N /AGR:9920 -07AGR H. NOTICE All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows: To City: City Utilities Director City of San Luis Obispo 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403 -8100 To Engineer: Brown and Caldwell 150 South Arroyo Parkway P.O. Box 7103 Pasadena, CA 91109 CI. INTEREST OF ENGINEER Engineer covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Engineer further covenants that, in the.performance of this agreement, no subcontractor . -or person having such an interest shall be employed E-^fgieeer - certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in t'rre performance of the services hereunder, Engineer shall at all times be deemed an independent contractor and not an agent or employee of City. :V. INDEMNITY Engineer hereby agrees to indemnify and save harmless City, its officers, agents, and employees of and from: A. Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Engineer under this agreement or of Engineer employees or agents; B. Any and all damage to or destruction of any property, including the property of City, its officers, agents, or employees, occupied or used -by or in the care, custody, 2 Page 7 of 12 .GR:9920 -07AGR XV. I � I or control of Engineer, or in proximity to the site of Engineer's work, caused by any negligent act or omission of Engineer under this agreement or of Engineer's employees or agents; C. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Engineer under this agreement, however caused, excepting, however, any- such claims and demands which are the result of the negligence or. willful misconduct of _City, its officers, agents, or employees; D. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Engineer under this agreement; and E. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of ahy permit, when said violation of any law or regulation or of any term or condition of any. permit is .:dl.._to_neg- ligence on the part of the Engineer. -_- Engineer at its- -own cost, expense, and risk, shall. defend any and all suits, actions, or other legal. proceedings that may be brought against or for employees on any claim or demand of third persons, or to enforce any penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, whenever indemnification is required pursuant to paragraphs A through E above. WORKERS COMPENSATION Engineer certifies that it is aware of the provisions of the Labor Code of the State of California, which requires every employer to be insured against liability for workers compensation or to undertake self- insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commending the performance of the work of this agreement. Page 8 of 12 N /AGR:9920 -07AGR U J XVI. INSURANCE For the duration of this Agreement, the Engineer shall maintain the following minimum public liability and property damage -insurance which shall protect the Engineer from claims for injuries, -including accidental death, as well as from claims for property damage which may arise from the performance of work under this .Agreement. The limit of liability.for•such insurance shall be as follows: A. Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad form property damage liability. The combined single limit for bodily injury and property damage shall be not less than $500,000. B. Automobile bodily injury and property damage liability insurance covering owned, non - owned, rented, and hired cars_. The combined single limit for bodily injury and property damage shall be not less than $500,000. C. Statutory workers compensation and employers liability insurance for the State of California. The Engineer shall also maintain professional liability ,insurance covering damages resulting from errors or omissions of the Engineer. The limit of liability .shall be not less than $5400,000. The Engineer shall submit to the Owner certificates for each of the policies listed above. Each certificate shall provide that the insurance company give written notice to the Owner at least 30 days . prior to cancellation or any material change in the policy. Certificates for comprehensive general liability and automobile liability policies shall provide that the Owner is named as an additional insured. XVII. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs,.successorst executors, administrators, assigns, and subcontractors of both parties. Page 9 of 12 N /AGR9920 -07AGR XVIII. XIX. XX. t i J WAIVERS The waiver of either party of any breach or violation of any terms, covenant, or condition of this agreement or of any provision, ordinance or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. COST AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of. this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. DISCRIMINATION No discrimination shall be persons under this agreement national. origin, ancestry, person., made in the employment of because of the race, color, religion or sex of Bach If Engineer is found in violation of the non discrimination provisions of the state of California Fair Employment Practices act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. There upon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Engineer the sum of Twenty -.five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under his paragraph. If Engineer is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, Engineer N /AGR:9920 -07AGR Page 10 of 12 r� shall be found in material breach of the agreement. There upon, City shall have the power to. cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Engineer the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which Engineer is found to have been in such noncompliance as damages for said breach of contract, or both. XXI. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document , represents the entire and integrated agreement between ,City and Engineer and supersedes all, prior negotiations, representations, or agreements, either written or oral. This document. may be amended only by written instrument, signed by both City and Engineer. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. XXII. SUBCONTRACTS Engineer shall be entitled, to the extent determined appropriate by the Engineer, to subcontract any portion of the work to be performed under this Project. Engineer shall negotiate and administer subcontracts in accordance with 40 CFR 33.295. The Engineer shall be responsible to the Owner for the actions of persons and firms performing subcontract work. The Engineer is authorized by the Owner to subcontract work having a cost which will not exceed 20 percent of the total amount of compensation due under this Agreement. Subcontractors selected as of the date of this Agreement, and the nature of services to be performed by. each, is as follows: Staal, Gardner, & Dunne, Inc. Geotechnical Services XXIII. JURISDICTION This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be, in that Page 11 of 12 N /AGR:9920 -07AGR i state. If any part of this Agreement is found to be in conflict. with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall be in full force and effect. XXIV. BUSINESS LICENSE The Engineer and all Engineer's Subconsultant shall have appropriate business licenses in accordance with the City of San Luis Obispo Municipal Code. IN WITNESS WHEREOF, City and Engineer have executed this agreement on the day and year first above written. Regional Vice President CITY OF SAN LUIS OBISPO B - - on Dunin, Mayor _.. ATTEST: APPROVE N /AGR:9920 -07AGR Page 12 of 12 I EXHIBIT A DESCRIPTION OF PROJECT The City of San Luis obispo collects and treats was from business, agencies, and about 41,000 residents within the City, and from Cal Poly and the County Airport. The City's wastewater treatment plant is a secondary treatment plant using trickling filters and ponds for biological treatment. The plant effluent is discharged to San Luis obispo Creek, which has very low natural flows during the dry season. It is also an important creek for .steelhead spawning, and the discharge requirements set by the California Regional Water Quality Control Board, Central Coast Region (Regional Board), specify a stringent ammonia - nitrogen limit to avoid toxicity effects on steel head. The treatment plant has been consistently unable to meet effluent requirements for ammonia - nitrogen and for 5 -day biochemical oxygen demand (BOD5). It has periodically exceeded limits for other constituents such as suspended solids, oil and grease, and coliform organisms. The plant also cannot consistently meet receiving water requirements for several constituents, particularly turbidity, color, MBASF and temperature. In. addition, the treatment ..plan - =,bas several hydraulic. limitations.. The design aver -age, dry- weathQ.r:flow is approximately 5 mgd_.: The wet-weather flow capacity of seiiaral processes -- including the, influent pumping station, - .grit.-- r-emoval' facklity, primary clarifiers, and ef- fluent pipeline - -is about 10 mgd. A flow equali- zation basin was constructed recently but is inadequate to accommodate the. large infiltration /inflow into the system during storms. To satisfy effluent discharge requirements and to handle peak wet weather flow, Brown and Caldwell has prepared, under a previous agreement between the City and Engineer, contract documents for the construction of Unit 3 Improvements. But even with these improvements, it was recognized that certain receiving water quality criteria might not be met consistently. These include color, temperature, turbidity and MBAS. Therefore, in order to assure full compliance (meeting effluent and receiving water requirements), the City directed , under the previous agreement, to conduct a pilot N /AGR:9920 -07A Exhibit A' February 14, 1990 Page 1 of 3 testing program to assess the effectiveness of the activated sludge process (proposed in Unit 3 Improvements) and other follow -on process units (cooling towers, granular filters, carbon adsorption columns) that may be needed to meet receiving water requirements. As a result of the pilot testing program, Brown and Caldwell recommended the design and construction of Unit 4 improvements for effluent polishing and.water reclamation. Also under the previous agreement, Brown and Caldwell completed a preliminary design report for the wastewater collection system improvements. This report recommends installation of 7.3 miles of relief sewer and replacement improvement . sewers, which will increase the present hydraulic capacity of the collection system to about 32 mgd. Based on the preliminary design, the City engineering staff is preparing contract documents for the installation of about three miles of sewers during Phase I of the Sewer main improvements. The City plans to carry out phased changes to the wastewater treatment plant and collection system. This project for the imple- mentation of the Wastewater Management Plan consists of three elements: Sewer Main Improvements- -Phase I; Unit 3 Wastewater Treatment Plant Improvements; and Unit 4 Wastewater Treatment Plant Improvements. 1. SEWER _MAIN IMPROVEMENTS-= PHASe;1 -- About 150 miles of sewer mains, ranging from six to 30 inches in diameter, collect wastewater fl.ows._ The oldest pipes date back to the 1890s, when pipe materials were less able to withstand the effects of corrosion and :�:l = settl�mc.it. Despite the City's efforts to repair and replace - older: pipes, water from rainfall and saturated ground enters the collection system and significantly increases the amount of wastewater which must be transported and treated at the wastewater treatment plant. During Phase 1 of the sewer main improvements, about three miles of sewer limes will be constructed in place of or parallel to the existing lines, to better contain storm inflow and avoid overflow of sewage at manholes. The contract documents for these improvements will be prepared solely by the City. N /AGR:9920 -07A Exhibit A February 14, 1990 Page 2 of 3 2. UNIT 3 WASTEWATER TREATMENT.PLANT IMPROVEMENTS Unit 3 improvements are intended to meet wastewater discharge requirements and to better handle peak winter storm- related flows. The Unit 3 Wastewater Treatment Plant Improvements Project includes construction of modifications to the existing headworks and equalization pond control structure, construction of new aerated grit removal tanks and associated equipment, addition of new primary sludge pumps, addition of new biofilter 1 and 2 recirculation pumps, construction of new aeration blowers and aeration tanks, construction of new final clarifiers; construction of final clarifier sludge and scum pumping stations, construction of 3W water system, construction of new switchgear. building and new MCC buildings, construction of new sludge drying beds, a new supernatant lagoon, construction of a new dissolved air flotation thickener and associated equipment, outside piping, electrical work,. instrumentation work, paving and grading, landscaping, plant wide testing and commissioning, and all work necessary for a complete and operable wastewater treatment plant. The contract documents for Unit 3 improvements were completed under the previous agreement between the City and Engineer. 3. UNIT 4 WASTEWATER TREATMENT PLANT IMPROVEMENTS Unit 4 improvements are intended to meet receiving water - requirements, such as. temperature, color, turbidity and M,BAS. The UnitiA - Wastewater:Treatment Plant Improvements Project`- includes construction of modifications to the existing effluent ponds, addition of new cooling towers and associated equipment, construction of new filter building, addition of new chlorine gas and sulfur dioxide gas scrubbing systems, construction of modifications to the existing..: control house, addition of ferrous chloride storage and feed system, outside piping, electrical work, instrumentation work, paving and grading, landscaping, plant testing an commissioning, and all work necessary for a complete and operable treatment facilities. The contract documents for Unit. 4 Improvements will be prepared under this Agreement. N /AGR:9920 -07A Exhibit A February 14, 1990 Page 3 of 3 EXHIBIT B -1 SCOPE OF DESIGN ENGINEERING SERVICES Design Engineering Services to be performed under this Agreement comprise and are limited to those specifically set forth in this exhibit. These service's are related to the Unit 4 Improve- ments only as described in Exhibit A. If, during the course of performing the design services, City and Engineer find that additional tasks are required of the Engineer, such tasks will be performed as Special Engineering Services. 1.0 Project Management. Administer the project -- a continuous function during design of the Unit 4 improvements. Maintain liaison with the City of San Luis Obispo. Attend and represent Brown and Caldwell at monthly meetings with City's staff. Provide City with periodic review materials for critique during the monthly meetings. Encourage the City's staff, especially the plant operators, to provide their input on the design of various components of the plant facilities. Prepare rnQnthly progress reports for submittal to the City. Maintain budget and time control. 1.1 Prepare Project Management Plan. Define each task to be conducted, including -sequencing, budget allocation and establishing milestone. Establish project responsibili- ties, staffing projections, project coordination require- ments, and schedule of all.meetings with the City staff. N /AGR:9920 -07B -1 Exhibit B -1 February 14, 1990 .Page 1 of 5 1.2 Coordinate State. Revolvin Fund Financing. Coordinate submittals to SWRCB for consideration of State revolving fund financing for this proJect. It is assumed that the submittals would comprise of periodic progress drawings and specifications for the Unit 4 design. 2.1 Conduct "kick -off" meeting. Conduct a "kick -off" meeting. with the City's engineering and operational staff at the start of the predesign studies. Collect available information necessary for the design of the project. The information to be obtained will include: o Available topographic and geotechnical information. o As -built '•drawings 2.2 Conduct a brainstorming session. Conduct a "brainstorming session" with Brown and Caldwell project advisor and City's staff to discuss improvements to- the Wastewater Treatment.Plant. 2.3 Prepare geotechnical report. Perform geotechnical . investigations at the proposed fac- ilitias location. It is assumed that a maximum of 4-drill holes will be required. The depth of the- drill holes= will be: 1 hole to 40 -foot depth 3 hole to 25 -foot depth Prepare a geotechnical report. 'Report will provide all geotechnical data necessary for the design of the proposed facilities. Specifically the following information will be presented: o PiezometriC data. for groundwater table.. o Moisture density test data. o Grain size data o Seismic analysis (liquefaction potential of soils). N /AGR:9920 -07B -1 Exhibit B -1 February 14, 1990 Page 2 of 5 2.4 10- percent design review. Conduct design review at 10 percent design completion level with Brown and Caldwell Review Board and the City engineering and operations staff. Make formal presentation to the City council if requested. 2.5 Prepare plans and specifications for bidding purposes. Design new facilities as recommended in the San Luis Obispo Wastewater Pilot Study Report for meeting receiving water requirements. Detailed design will include design of the following facilities /structures: o Equalization Basin Modifications o Cooling Towers o Filter Influent Pumping Station Filter- Building o Chlorine Gas Scrubbing System o Sulfur Dioxide Scrubbing System o MCC Building o Emergency Generator - °-_ o Ferrous Chloride feed and storage system for hydrogen sulfide control in the sludge gas. o Modifications to=- the existing control house to increase the laboratory area and to provide additional office space. The design of the above facilities will include architec- tural, civil, structural, mechanical, electrical, and in- strumentation disciplines. Architectural design will include basic building layouts, selection of building materials, and interior and ex- terior treatment of the buildings. N /AGR:9920 -07B -1 Exhibit B -1 February 14, 1990 Page 3 of 5 Civil design will include site layouts, computation of survey control data and paving, grading, landscaping, drainage, outside piping, and other civil engineering items for the project. Structural design will include design of foundations, buildings, process structures, piping supports, hand- rails, repair and modifications to existing structures, and miscellaneous special construction. Mechanical design will include final selection of mechan- ical equipment, arrangement of equipment and piping, and process schematics showing related controls, piping, and power features. Mechanical design also includes modifi- cations to existing equipment and piping, where necessary for the work on this project. Electrical design will include service analysis of power utility service, determination of power requirements, de- sign of electrical distribution system, motor control centers, lighting and circuit diagrams and electric motors and switchgear. Instrumentation design will include an evaluation, of specific control systems for various processes- and systems speclied. Finder this task, control panels will be designed, control systems configured and display } components selected. 3.3 Design reviews. Conduct design reviews with in -house Design Review Board at 40- and 70- percent design completion levels. Invite City staff to these design reviews. Incorporate review comments in design documents. 3.4 Prepare project schedule. Prepare design and construction schedule updates to the schedule presented as part of the 10 percent design documents. The schedule updates will be at 40- 70 -, and 90- percent' completion levels. N /AGR:9920 -07B -1 Exhibit B -1 February 14, 1990 Page 4 of 5 3.5 estimates f probable on Develop estimates of probable construction costs for the project at 10,percent design completion level and updates this estimate at 40- and 90- percent completion level. Present these cost estimates categorized by major project components. During the early design phase, develop the estimates of project components from historical data of similar projects adjusted for unique aspects of this project. Prepare later phase estimates of more fully designed components from unit costs in a Construction Specifications Institute (CSI) format. 3.8 Prepare bidding plans and specifications. Coordinate preparation of plans and specifications for bidding purposes. Prepare one reproducible copy of plans and one camera ready set of specifications for City's use in preparing bid documents. 4.1 Provide bidding assistance. Provide assistance to the City .during the bidding of the proposed project. The services under this task will include the following: o Attend a pre -bid conference and respond to ..questions during the bid period. -- 0 Prep =re all addenda to the contract docum-._n.t °s:: - o Assist the City in evaluations of bids and in selection of construction contractor. N /AGR:9920 -07B -1 Exhibit B -1 February 14, 1990 Page 5 of 5 EXHIBIT B -2 SCOPE OF OFFICE ENGINEERING SERVICES Office Engineering Services to be performed under this Agreement comprise and are limited to those specifically set forth in this exhibit. These services are related to the construction of Unit 4 Wastewater Treatment Plant Improvements only, as described in Exhibit A. For estimation of labor effort and cost, it is assumed that the construction of Unit 4 improvements will be in accordance with the Project Schedule as provided in Exhibit D. Any changes to this schedule will likely impact the labor efforts and costs. Such changes will be reviewed at the time they occur and labor effort and costs reflecting the..impact of these changes will be negotiated as warranted. If during the course of performing the Office Engineering Services, City and Engineer find that additional tasks are required for the Engineer, such tasks will be performed as Special Engineering Services. 1.0 .Project Management. Project management under. this task includes . project. planning, assignment and supervising of engineers, staff, establishment and monitoring. project schedule and budget, maintain liason with ena.i-,rxeer'-s construction manager and city's= stiff. 1.1 Review of .Submittals. Review contractor's submittal to assure compliance with the contract documents. 1.2 Consultation During Construction. Provide interpre- tation of.contract documents. 1.3 Site Visits. Make visits to the construction site to assist the construction manager in monitoring of the construction program. It is assumed that twelve trips to the site will be made during the construction of the proposed project. 1.4 Change Order_ Preparation_ and Review. Provide assistance to - the- City -in the -preparat:ion and review of change orders: This will include developing cost estimates for the changes as well as evaluating contractor supplied costs for the proposed changes. N /AGR:9920 -07B -2 Exhibit B -2 February 14, 1990 Page 1 of 2 1.5 Prepare _Operations and _Maintenance operation and maintenance (0 &M) manual use by the City's plant personnel. changes resulting from additions to or of existing treatment facilities. nual. Update currently in Incorporate modifications 1.6 Prepare Start -up Procedures. Prepare start -up procedures for the modified treatment facilities. Start -up procedures to include system flushing, inspections, testing and any other additional manufacturer requirement necessary, to place the equipment and systems in full operation. 1.7 Start -up Assistance. Provide start -up assistance to the City. Conduct up to three pre. - start -up meetings with contractor, construction manager and plant personnel. Coordinate and oversee the final testing. 1.8 Provide Operator Training. Prepare training procedures. Coordinate contractor and equipment suppliers for contract - related training by the equipment suppliers. Conduct start -up, operations, shutdown, maintenance and on -site field training.. 1.9 Prepare Unit .3 Record Drawings. Prepare record= drawings based. on drawing mark -ups developed by the contractor during the construction phase. As- built . information will be transferred to original drawings (mylars) and a complete set will be submitted to the City. 1.10 Prepare Unit 4 Record Drawings. drawings based on drawing mark -ups contractor during the construction information will be transferred to ( mylars) and a complete set will b< City. N /AGR:9920 -07B -2 .Prepare record developed by the ,phase., As -built original drawings submitted to the Exhibit B -2 February 14, 1990 Page 2 of 2 EXHIBIT B -3 SCOPE OF CONSTRUCTION MANAGEMENT SERVICES Construction Management Services to be performed under this Agreement comprise and are limited to those specifically set forth in this Exhibit. These services are related to the construction of the following three projects: 1) Unit 3 Wastewater Treatment Plant Improvements, 2) Unit 4 Wastewater Treatment Plant Improvements, and 3) Sewer Main Improvement- -Phase I. For estimation of labor effort and costs, it is assumed that the construction of these projects will be in accordance with the Project Schedule as provided in Exhibit D. Any changes to this schedule will likely impact the labor efforts and costs. Such changes will be reviewed at the time they occur and the labor effort and costs reflecting the impact of these changes will be negotiated, as warranted. If, during the course of performing the construction management Services, City and Engineer find that additional tasks are required of the. Engineer, such tasks will be. performed as Special Engineering,Services. 1.0 Bid and Award .Phase Services. Provide the following services during. the = bid and award phase, beginning.__ with bid advertisement and continuing through cc..struction contract award of each project. - o Monitor the bidding process for bidder interest and participation. Advise the City and design team on scheduling of bid phase activities including prebid conference, issuance of addenda by design team, and receipt of bids. Consult with and provide comments to deign team to include in addenda. o Assist the City and design team to schedule and conduct a prebid conference for each project. At prebid conference, provide a tour of the site to bidders. Identify and clarify bidder's questions so that design team may answer them by addendum. o Assist the City and design team to receive and open bids for each project following established procedure. Consult with deign team on recommen- dation to City on contract award. N /AGR:9920 -01B -3 Exhibit B -3 February 14, 1990 Page 1 of 4 • Develop a Contracts.Administration manual (CAM) to establish procedures for administration of the construction contracts. Obtain comments by design team and the City on this manual. • Assist the City to award construction contracts. Actions will include assistance in receiving the required contractor documents, issuing notice of award, executing the construction agreement with the successful Contractor, and issuing notice to proceed for the construction of each project. 2.0 Construction Phase Services'. Provide the following construction contract administration services for each project. o Conduct a preconstruction conference to establish administrative procedures and implement a short - term schedule of activities for project mobili- zation. Distribute the CAM to the appropriate parties. Prepare and distribute minutes to all attendees. o Establish, chair, take minutes, and monitor the follow-up _........ P of monthly Job meet- ings.- -- ._._..�_....- _.. o. dai detailed records of- the project includ -ing] daily ly logs, inspection reports, photos,; ...measurements of quantities, schedules, and correspondence. o Prepare and submit to the City a monthly progress report. Any significant variances between planned and actual results will receive appropriate attention and corrective action will be recommended. • Represent the City's interest in negotiation of change orders. Obtain scope documentation from and consult with design team on proposed changes. • Maintain a project accounting to record and track actual versus planned projections of construction cost to report cost status to City: N /AGR:9920 -07B -3 Exhibit B -3 February 14, 1990 Page 2 of 4 L • Plan and monitor cash flow to assist City. Provide monthly cash flow projection of Contractor, construction management, and design cost to assist in short -term investment planning. • Make quarterly presentations to the City Council and explain the state of each project. Significant construction problems, change orders and potential claims would be discussed in detail. • Coordinate and supervise the work of subconsultants. 3.0 Provide Field Inspection for Conformance to Plans and SOecifications. Provide construction inspection for each project to monitor conformance of the contrac- tor's work. with contract documents and to report construction deficiencies to the Contractor and to the City. Work with the Contractor to take appropriate corrective actions. Whenever there is a question of design intent requiring interpretation of the plans and specifications, obtain the design team's interpretation. 4.0 Estimating. Estimate the added or reduced cost of changes during construction to be used in negotiation of change orders to each contract. 5.0 Scheduling. Review and -approve the contractor's construction schedule, submittals, updates, and revisions in accordance with the contract documents for each project. Involve design team in initial schedule review. Evaluate monthly progress payment requests and recommend payment to the contractor based upon the construction manager's judgment of the value of work completed during the payment period_ and the requirements of the contract. Evaluate the impact of change orders on the construction schedule to recommend eligible time extensions.- 6.0 Project Completion. Schedule and conduct substantial completion inspections, issue punch lists, review compliance, and recommend acceptance by the City for each project. Assist in negotiation of unsettled changes or disputes. When all final punch list items have been completed or resolved, recommend to the City final acceptance. Prepare a certificate of completion N /AGR:9920 -07B -3 Exhibit B -3 February 14, 1990 Page 3 of 4 9 for all contracts. Obtain from the Contractors all bonds, guarantees, operation and maintenance manuals, and record drawings and deliver to the City. Review the marked -up set of record documents maintained by each Contractor. At project completion, deliver these documents to the design team for drafting of the final record documents. Prepare a final project report for each project including: a. Total project cost analysis. b. Project progress analysis of planned and actual milestones. C. Summary of contract startup, close out, and acceptance including the final resolution of claims or disputed work. 7.0 Project Management. Provide - project management services for the- construction - of each project.. Assemble project team and make assignments. Establish and monitor time schedule, manpower loading, and budget for the project. Supervise project team and review the work - --performed:" "Obtain t-he services of specialty subconsultants-'­Im — laboratory testing, surveying, and soils­--'engineering. Maintain communications with the City. Assist- the City with contract administration and amendments. Prepare and submit monthly invoices. 8.0 Operations and Start -up Services. Review and comment on Contractor's Outage and Start -up Plan. Monitor activities of manufacturer's training while on- site. Provide on -site assistance during initial test, operational test and commissioning phases of each project. Coordinate equipment and systems start -up, testing and commissioning, and plant personnel training activities. N /AGR:9920 -07B -3 Exhibit B -3 February 14, 1990 Page 4 of 4 L EXHIBIT C COMPENSATION " Compensation for services provided.- under Article IIB, Scope of Engineering Services," shall be in accordance with the method described in this Exhibit and the specific amounts shown on the attached schedule, or as may be later mutually agreed to. - I. COST REIMBURSEMENT Compensation for each authorized cost reimbursement task shall be the sum of the cost reimbursement portion and the fixed. professional fee for each task listed on the. compensation schedule included herein, subject to such later mutually accepted modifications in writing as may be allowed herein. The cost reimbursement portion of the compensation shall be the sum of direct labor charges, indirect costs, and other direct costs, as herein defined: , The cost reimbursement for each designated engineering service shall not exceed the cost ceiling listed in the compensation schedule without formally amending this Agreement. 1. Direct Labor Char es.= Direct labor charges shall be the total number —o - hours work6.d on the job by each employee times each -employee's hourly salary rate. Direct labor charges shall not -- include any distribution of profits. 2. Indirect Costs. hndirect costs shall be the product of all direct labor charges multiplied by an overhead rate of 1.85. 3. Other Direct-Costs. Other direct costs shall be billed at cost and shall include the following: a. Services directly applicable to the work, such as special legal and accounting expenses; computer rental and programming costs; special consultants borings; laboratory charges; commercial printing and binding; and similar costs that are not applicable to general overhead. N /AGR:9920 =07C Exhibit C February 14, 1990 Page 1 of 4 b. Identifiable reproduction costs applicable to the work, such as printing of drawings, photostating, multilithing, printing, and similar costs. c. Identifiable communication expenses, such as long- distance telephone, telecopying, telegraph, cable, express charges, and postage other than for general correspondence. d. Living and traveling expenses of employees when away from home office on business connected with work. e. Automobile expenses at Engineer's current mileage rate. f. Subcontracted services. 4. Fixed. Professional Fee. Fixed professional fee for engineering services shall be the amount listed in the attached schedule for each authorized task. The fixed fee shall not be modified unless there is a change in scope of work. S.. Limitation of Cost and. Time. It is estimated that the total .ost ceilings- for Design, Office, and- Constriction Management Engineering Services given in Section II of this Exhibit and the time for completion-"'- given in this Agreement will not be exceeded. The Engineer agrees to use his best efforts to perform the work. specified in Exhibits B -1, B -2 and B -3 within the estimated cost and time of completion. If, at any time, the Engineer has reason to believe that the total cost or time for the performance of work under this Agreement will be greater or substantially less than the estimated ceiling cost or estimated time of completion given in this Agreement, the Engineer shall immediately notify the Owner in writing. N /AGR:9920 -07C Exhibit C February 14, 1990 Page 2 of 4 II. COMPENSATION SCHEDULE For each task authorized under this Agreement, compensation shall be in accordance with the applicable portions of this Agreement and the following schedule: 1. DESIGN ENGINEERING SERVICES (PER EXHIBIT B -1) Compensation for the Design Engineering Services (Article IIB.1) shall be as follows: Cost ceiling $81.3,848 Fixed Professional fee $1.19,891 Professional fee payable Proportional to the per billing period work completed. 2. OFFICE ENGINEERING SERVICES (PER EXHIBIT B -2) Compensation for the Office Engineering Services (Article IIB.2) shall be as follows: Cost Ceiling $394,338 Fixed Professional Fee $ 55,174 Professional Fee Payable Proportional to the work completed. .3. _CONSTRUCTION MANAGEMENT SERVICES (PER EXHIBIT B -3) Compensation for the Construction Management Services (Article IIB.3) shall be as follows: Cost Ceiling $1,590,700 Fixed Professional Fee $ 216,620 Professional Fee Payable Proportional to the per Billing Period work completed. 4. SPECIAL ENGINEERING SERVICES Compensation for special engineering services (Article IIB.3) shall be agreed to at the time of authorization. An allowance of $100,000 shall be established for such special engineering services as may be authorized by the City in accordance with Article IIB.3. This allowance shall. not be increased without an amendment to this Agreement. N /AGR:9920 -07C Exhibit C February 14; 1990 Page 3 of 4 III. INVOICES Charges for reimbursable costs determined in accordance with this Exhibit shall be billed to the Owner in summary form at four -week intervals. Invoices shall present the sum of all direct labor, indirect costs, and other direct costs incurred during_ the billing Direc period plus a percentage of the faxed professional fee. t labor charges will be summarized as total hours and total cost for professional, technical,. and clerical personnel categories. The amount of fixed professional fee due for the billing period will be based upon estimated level of project completion. N /AGR:9920 -07C - s Exhibit C. February 14, 1990 Page 4 of 4 Exhibit D - Project Schedule ACTIVITY YEARS 1990 1991 1992 COMPLETE UNT4 DESIGN INCORPORATE COMMENTS ON CONTRACT DOCUMENT COMPLETE UNIT 3 CONSTRUCTION COMPLETE UNIT 4 CONSTRUCTION COMPLETE SEWER MAIN IMPROVEMENTS -PHASE 1 z _i 3 a s = s 6 _ ®Start Unit 4 Design eComplete Design ®Submit Documents for City. RWQCB. and SWRCB Review ® Incorporate Review Comments Start Construction ©Complete Construction J�3