HomeMy WebLinkAbout8425-8449RESOLUTION NO. 8 4 4 9 (1995 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION,
THEREBY APPROVING USE PERMIT A 76 -95 TO ALLOW
A BAR AT 723 HIGUERA STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of public testimony, the
appellant's request and statements, and the Planning Commission's recommendations, staff
recommendations, public testimony, and reports thereof, denies the appeal, based on the
following findings:
1. The proposed use, as conditioned, will not.adversely affect the health, safety and welfare
of persons living at the site or in the vicinity, because live entertainment and dancing are
prohibited.
2. The use, as conditioned, is appropriate at the proposed location and will be compatible
with surrounding land uses.
3. The proposed use, conforms to the general plan, which stipulates that entertainment
facilities such as nightclubs should be located in the downtown, and meets zoning
ordinance requirements with provision of parldng to meet ordinance standards for a bar.
4. The project is categorically exempt from environmental review (CEQA Section 15301).
SECTION 2. Action. Use Permit A 76 -95, to allow the establishment of a bar at 723
Higuera Street, is hereby approved, subject to the following conditions and code requirement.
1
2.
3.
The applicant shall provide two additional parking spaces for the use as required for the
C -C zone in the zoning regulations prior to occupancy.
Use permit approval is for a bar only. The establishment of a dance floor or live
entertainment, including amplified bands, is prohibited.
The site shall be maintained in a neat and orderly manner.
R -8449
City Council Resolution No. g 4 4 9 (1995' Series)
Page 2
4. The project shall include facilities for on -site trash containment, as well as for interior
and. exterior recycling, to the approval of the City Engineer and the Community
Development Director. The applicant shall consult with local recyclers regarding the size
and locations of areas dedicated to on -site recycling storage.
5. A security plan, including a management training plan and provisions for overflow
customers, shall be submitted to the Community Development Department for review and
approval by the Community Development Director and the Police Chief.
6. The use permit shall be reviewed by the Community Development Director in one year
from the date of approval. In addition, the Planning Commission may review the use
permit if reasonable written complaints from citizens or the Police Department are
received by the Community Development Department. At the time of use permit review,
the Planning Commission or the Director may add, delete or modify conditions of
approval, or may revoke the use permit.
Code Requirement
1. Building Occupancy shall be limited and enforced by the Fire Department.
On motion of Council Mbr. Romero , seconded by Cnunci 1 Mhr _ Williams
and on the following roll call vote:
AYES: Council Members Smith, Williams, Romero, Mayor Settle
NOES: Council Member Roalman
ABSENT: None
the foregoing resolution was Rassed and adopted this 15 day of Au g„ G r , 1995;.
w /41 ATTEST:
9
Mayor- Allen K. Settle
D ane R. Gla ell, City Clerk
City Council Resolution No. 8 4 4 X1995 Series)
Page 3
City Attomey
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RESOLUTION NO. 8 4 4 8 (1995 SERIFS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS
AND STATE TRANSIT ASSISTANCE FUNDS
WHEREAS, The San Luis Obispo Council of Governments ( SLOCOG) has allocated
$878,721 of Transportation Development Act subventions to the City of San Luis Obispo (the
City) for approved transportation programs and projects; and
WHEREAS, the City must file a claim with SLOCOG to receive this money;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Luis Obispo as follows:
1. to approve the Annual Claim for Local Transportation Funds and State Transit
Assistance Funds
2. to authorize the Transit Manager to execute the claim documents
3. to direct the City Clerk to forward one executed copy of the claim and one
certified copy of this resolution to:
San Luis Obispo Council of Governments
1150 Osos Street, Suite 202
San Luis Obispo, CA 93401
Upon motion of Council Mbr. Romero, seconded by Council Mbr. Williams
and on the following roll call vote:
AYES: Council Members Smith, Williams, Roalman, Romero, Mayor Settle
NOES: N o n e
ABSENT: None
the foregoing resolution was adopted this 1 s day of A ,- , 1995.
Mayor Allen Settle
ATTEST:
3bia Gladwe , Ci Clerk
APPROVED AS TO FORM:
R -8445
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CITY OF SAN LUIS OBISPO
TRANSPORTATION DEVELOPMENT ACT CLAIM_
FY 1995%96
FILING REQUIREMENTS
Please submit,the following items as marked:
1, N. signed TDA Claim Form (CCR § 6630).
y I
2. A signed and completed Certifications Form (CCR ,§ 6632).
Zi 3. A completed annual project and.fnancial plan identifying all proposed LTF and STA
expenditures (CCR § 6632).
1i 4. A certified copy of a resolution or minute order authorizing the claims and approving
basic purposes for which they are' filed (CCR § 6632).
5. A budget or proposed budget for the fiscal year of the claim or portion thereof
pertaining to transportation (CRC'§ 6732).
X 6. A statement of projected or estimated revenues and expenditures for the prior fiscal
year pertaining to transportation (CCR § 6732).
2i 7. A statement identifying and substantiating the reason or need for any increase in
transportation operating budget. in excess :of 15% above the preceding year, and
substantial increase or decrease in'scope of operations, or any capital provisions for
major new fixed facilities (P.UC § 99266) if applicable.
8. A certificate from the Department of Motor Vehicles per Section 1808.1 of the Vehicle
Code (PUC § 99251, CAC '§ 6632 (c)).for�u�isdictions operating transit systems i.e.
pull notice program, bus - facility- inspection.(please enclose only one copy of a
certificate as proof).
Item .1: ANNUAL,CLAIM
FOR LOCAL TRANS POR;TATION'F,UNDS;AIIID
STATE TRANSIT ASSISTANCE FUNDS
TO: San Luis Obispo Council of Governments
1150 Osos Street, Suite 202
San Luis Obispo, CA 93401
FROM: CLAIMANT: CITY OF SAN LUIS OBISPO
ADDRESS:
CITY:
CONTACT:
955 Moro Street
�N LUIS OBISPO
CLAIM #SLO -956 -1
FISCAL YEAR 5 96
ZIP CODE: 93401
HARRY WATSON TRANSIT MGR PHONE: 781 -7121
This claimant, qualified pursuant to Section 99203 of the PublicUtilities: Code , hereby requests, in
accordance with Chapter 1400, Statutes of 1971; -as amended.and� applicable rules and regulations,
Ghat an allocation be made for the.. purposes-and, in the respe - Ne: amounts as-described in the
attached Project and Financial Plan claim form.
a) Annual (LTF) Apportionment $ 822,908
b) Annual (STA) Funds $ 55,813
1) Operator Revenues $ 7,170
2) Apportionment $ 55,813
TOTAL FUNDS BEING CLAIMED ARE $ 878,721
Claimant Signature: 4�e�
Title:
Date:
This claim was conditionally approved by the San Luis Obispo Council of Governments at their June
7th, 1995 meeting, by Resolution No. 95 -07
Ronald L. De Carli, Executive Director Date
Q%wpw1n6D1tda956Uaim 1. SLo
CITY OF SAN :LUIS OBISPO
TRANSPORTATION. DEVELOPMENT ACT CLAIM
FY 1995/96
Item 2. CERTIFICATIONS
By signing below, the authorized transit official certifies compliance with all of-the required TDA
Certifications (those marked by an X).
1. Verification the proposed expenditures are . in .conformity with the Regional
Transportation Plan (CCR
X 2. Full use is being made of federal funds` available . under the Urban Mass
Transportation Act and Intermodat Surface. Transportation Efficiency Act for
transportation purposes (CCR Section 6754).
_Xi 3. Compliance will be maintained with the adopted transfer.. pass policy.: (PUC § 99282).
4. Compliance will be maintained with. theaawthat .requires;equivelant-reduced transit
fares and identification cards for. senior citizens.:and'disabled persons. .
1i 5. The transit system operator does-not-routinely staffa,transit vehicle designed to be
operated by one person with tvvo or more''persons (PUC §'.99264);.oris not precluded
by contract from employing part time drivers or from contracting with common
carriers of persons operating under a franchise orlicense (CCR § 6754).
zi 6. Existing and projected farebox ratios are as listed below, and meet the minimum fare
revenue requirements for both LTF'and STA monies (20% applies to SLO Transit).
a• Fiscal Year 1994/95 Far6box Ratio 367a
b• Projected Fiscal Year 1995/96 Farebox Ratio 35
X 7. The SLO Transit system will not receive TDA funds in excess of operating costs
according to the following eligibility fund test(CCR" §6634, 6754).
Estimated 1995/96 Operating Cost 1.084.527
Less depreciation, amortization
and vehicle lease costs 60.000
Net Operating Costs 1.024.527
Less amount of fare revenues required
to meet your minimum farebox revenue 204,905
Maximum amount receivable
for transit system 819.622
r t
ZC 8. The following conditions placed upon the claim'by action of the San Luis Obispo Council
of Governments will be met in a timely fashion, including1he following:
a. Prior to disbursement of funds, monthly transit operating data will be submitted to the
Council of Governments. '
1i b, Improvements required in the, Council of Governments bus stop policy will be
programmed or implemented if applicable.
c. Program or implement services to meet :all,unmet transit needs per the adopted 1995
SLOCOG resolution if applicable.
Zi 9. Prior to disbursement of any TDA funds (after the 1 st quarter), the following documents will
be submitted:
a. A state controller's report of financial transactions (LGFA) will be submitted to the
State Controller's Office and to SLOCOG (by September 30th);
b. Three copies of a certified fiscal audit of all TDA_funds_ received the prior fiscal year
will be submitted to SLOCOG (by December 31st); and
C. This claim for funds will be submitted to SLOCOG.
Signature of Authorized Official
Certifying Compliance
8 f 1E
Date
O
CITY OF SAN LUIS OBISPO
ANNUAL PROJECT AND FINANCIAL PLAN - 1995196
SLO TRANSIT - a local fixed
route system
SLO TRANSIT - a local fixed
route system
STA Article 6.5, PUC
Section 99314 - Op. Revenues
STA Article 6.5, PUC.
Section 99313 - Discretionary
Total LTF Funds
Total STA Funds
TOTAL TDA FUNDS
7,170
48,643
55,813
822,908
-
Amoun
SLORTA System -jurisdictional
LTF Article 4, PUC
share of regional transit
Section 99262
328,810
under authority of JPA
Total Transit JPA•Contributions
328,810
2% BIKE/PEDESTRIAN ways projects
LTF Article 3, PUC '
and bicycle safety. education
Section 99234
16,458
SLO TRANSIT - a local fixed
LTF Article 4, PUC
route system
Section 99262
476,390
STREETS & ROADS PROGRAM - for
LTF Article.8, PUC
miscellaneous street (re)construction
Section 99400 (a)
(0)
and maintenance projects
TDA Audit Cost
Reimbursement
LTF Article 3, PUC
1,250
Section 99245
Total LTF Raraivari n:.., i..
SLO TRANSIT - a local fixed
route system
SLO TRANSIT - a local fixed
route system
STA Article 6.5, PUC
Section 99314 - Op. Revenues
STA Article 6.5, PUC.
Section 99313 - Discretionary
Total LTF Funds
Total STA Funds
TOTAL TDA FUNDS
7,170
48,643
55,813
822,908
i
RESOLUTION NO. 8447 (1995 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE LEASE OF ESCORP ATHLETIC FIELD
WHEREAS, finding additional youth athletic fields is a priority in the Parks & Recreation
Element /Master Plan; and
WHEREAS, Hank Harbers, the owner of Escorp, located at 1150 Laurel Lane, has
offered the City use of an athletic field located on the business property; and
WHEREAS, the land will be made available for $1 a year and the cost of the water; and
WHEREAS, Escorp will continue to provide maintenance; and
WHEREAS, the 1995 -97 Approved Financial Plan contains funding for the cost of water.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis
Obispo does approve the lease of the Escorp facilities by the City of San Luis Obispo and
authorizes the Mayor to sign the agreement.
Upon motion of Council Mbr. Romero seconded by Counr; 1 Mhr- W11 1 i arras
and on the following roll call vote:
AYES: Council Members Smith, Williams, Roalman, Romero, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 15 day of August 41 , 1995.
Allen Sew, Mayor
ATTEST:
Dfa Glades Ll, City Clerk
By: Kim Condon, Assistant City Clerk
APPROVED AS TO FORM:
�/�J
R -8447
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into as of the 31st day of
August, 1995, between ATOLL HOLDINGS, INC., a California corporation, ( "Lessor "), and
the CITY OF SAN LUIS OBISPO, a charter municipal corporation of the State of California
( "Lessee ").
1. SITE. This Lease Agreement pertains to approximately two(2) acres (the
"Site ") located at 1150 Laurel Lane, San Luis Obispo, California (the "Property") more
particularly described in the drawing attached hereto as Exhibit A. Lessor will tender the Site
to Lessee in an "as is" condition on the Commencement Date.
2. LEASE. Lessor hereby leases the Site to Lessee, and Lessee hereby leases
the Site from Lessor, subject to the terms and conditions of this Lease Agreement.
3. TERM. The Term of this Lease Agreement shall begin on September 1,
1995 (the "Commencement Date ") and shall end on August 31, 1997, provided, however, the
Lessor may terminate this Lease Agreement at any time on thirty (30) days written notice, with
or without cause.
4. RENT. Rent for the Site shall be One and No /100 Dollars ($1.00) for the
entire Term of this Lease Agreement and shall be paid upon execution hereof.
5. WATER. On or about the Commencement Date, Lessee shall install at
its sole cost a flow meter that will measure all water to be used on the Site. Lessee shall
reimburse Lessor for all water used on the Site as recorded by the flow meter. The amount per
gallon to be paid by Lessee for the water used on the Site will be based upon the charge made
to Lessor for water used at the Property at the highest rate per gallon charged for use of water
at the Property. Lessee agrees to make upon execution hereof a $3,000 deposit with Lessor
which will be retained by Lessor and against which payment for the water used immediately
prior to the termination of this Agreement will be applied and the difference returned to Lessee.
Lessor shall provide a detailed invoice to Lessee within 15 days of Lessor's receipt of a bill for
the water used at the Property. The terms of payment shall be net 30 days payable at the
address specified in the invoice.
6. USE. Lessee will use the Site as a soccer field and a baseball field to be
used by organized teams or leagues for playing or practicing baseball or soccer as may be
appropriate (the "Activities "). The City of San Luis Obispo Parks and Recreation Director on
behalf of Lessee shall be directly responsible for controlling access to the Site. The City of San
Luis Obispo Parks and Recreation Director shall be given one or more keys to a gate to the
Property which he will use to grant access to the Site to participants in the Activities (the
0241563.03
028720 -000 09/01/95
C� o
"Participants ") or those viewing the Activities. Lessor shall mow the Site once per week, shall
maintain the irrigation system on the Site and shall water the Site at intervals to be mutually
agreed to between Lessor and Lessee. Lessee shall be responsible for reseeding any areas as
it determines may be necessary to allow the Activities to be carried on. The Activities shall be
operated in a lawful and orderly manner, and Lessee shall obtain all necessary approvals and
permits for the Activities. Lessee shall comply with all present and future laws, ordinances,
requirements, rules and regulations of governmental authorities having jurisdiction pertaining to
the operation and safety of the Activities. No dangerous substances shall be located on the Site.
Lessee shall neither conduct nor allow any activity or condition on the Site which is unlawful,
which, in Lessor's reasonable judgment, increases the risk of harm to any person or property
beyond the minimal risk normally associated with activities similar to the Activities, which
would create a nuisance or trespass, which would disturb or impair the use or operation of the
Property other than the Site, or which, in any manner, would vitiate the insurance or increase
the rate of insurance on the Property or any part thereof.
7. RESTROOMS. Lessor agrees that it shall obtain from Crux Climbing
Gym, Inc. permission for the Participants to be allowed to use the restrooms located at the Crux
Climbing Gym, provided that such Participants prior to being authorized to use the restrooms
must obtain a Crux identification card and present such card prior to admission to the Crux
Climbing facility. Lessor agrees that the initial identification card shall be provided to the
Participant at no cost. If the Participant should mislay his Crux identification card and require
an additional Crux identification card, such additional identification card shall cost the
Participant $1.00. Lessee recognizes that Crux may confiscate the identification card from and
deny admission to any Participant who allows anyone other than himself to use the identification
card or in any way abuses the privilege of being allowed to use the restrooms at the Crux
Climbing facility.
8. PARKING. Lessee shall have the right to use the ten (10) parking spaces
located on the Property closest to Laurel Lane and not designated for use by the Crux Climbing
Gym patrons or the Lessor's employees for a period commencing one hour prior to any Activity
and ending one hour after any Activity. Lessee agrees that it will inform all Participants and
those viewing the Activities of these conditions and that they shall have no right to use the
parking facilities reserved for the use of the Crux Climbing Gym participants or the employees
of Lessor. All terms and conditions relating to the Lease shall apply to the parking area made
available to the Lessee, including in particular, but not in limitation, all indemnity and insurance
provisions hereof.
9. SURRENDER OF PREMISES. Upon the termination of this Lease
Agreement, Lessee will immediately remove its personal property from the Site and will
peacefully surrender possession of the Site without further notice and in as good condition as
when entered, ordinary wear and tear excepted. Personal property remaining on the Site after
the expiration of this Lease Agreement may be stored by Lessor or, if ten (10) days' prior notice
is sent to Lessee, Lessor may dispose of such property in such manner as it may elect, and shall
not be accountable for any proceeds of such disposition.
0241563.03
028720 -000 09/01/95
-2-
10. INSURANCE. Lessee shall not allow any team or league to use the Site
unless such team or league obtains and keeps in force at its expense so long as such team or
league uses the Site comprehensive public liability insurance, including contractual liability,
protecting and indemnifying Lessor and such team or league against any and all claims arising
with respect to Lessee's occupancy of the Site and the use of the Site by such team or league,
with companies and in a form acceptable to Lessor, to afford protection to the limit, per
occurrence, of not less than One Million Dollars ($1,000,000) with respect to personal injury
or death, and property damage. Lessee shall deposit a duplicate copy of the policies or
certificates of insurance with Lessor, which policies shall name Lessor and its designees as
additional named insureds, and shall provide that said policy or policies shall not be cancelled
except after thirty (30) days' written notice to Lessor.
11. NO WASTE OF PREMISES. Lessee will not. damage or commit waste
of the Site or the Property. Lessee will pay to Lessor, upon demand, the cost of repairs to the
Site caused by the Activities and vandalism or other damage to the Property caused by the
Participants or anyone viewing the Activities or any third party who gains access to the Property
through the Lessee, either directly or indirectly. Lessee shall insure that trash does not
accumulate on the Site and shall either remove the trash itself or contract with a trash removal
service to ensure that trash is removed promptly.
12. ALTERATIONS. No permanent alterations or improvements of the Site
shall be made by Lessee unless the plans and specifications therefor have first been approved
in writing by Lessor. Any work performed by the Lessee shall be in accordance with all codes
and other applicable laws and regulations.
13. ASSIGNMENT AND SUBLETTING. Lessee shall not mortgage, pledge,
hypothecate, assign, transfer, encumber, sublease, or grant a license with respect to any interest
in this Lease Agreement or the Site.
14. INDEMNITY; EXPENSES.
(a) Expense Caused by Lessee. Lessee shall indemnify, defend and
save Lessor harmless from all claims, actions, damages, liability and expenses (including
reasonable attorneys' fees and court costs) resulting from the occupancy or use by Lessee of the
Site occasioned wholly or in part by any act or omission of Lessee or the Participants or
Lessee's agents, servants, contractors, employees, licensees, invitees or guests.
(b) At Own Risk. Lessee shall occupy the Site at its own risk, and
unless due to the gross negligence or willful misconduct of Lessor, its agents or employees,
Lessor shall not be liable to Lessee or to those claiming by, through or under Lessee for any
damage to Lessee's property, or for any injury or damage to persons or property that results
from any latent or apparent defect or change of condition in the Site, crime, accident, natural
disorder, water, or any other cause.
0241563.03
028720 -000 09/01195
-3-
(c) Litigation. If Lessor, without fault on its part, is made a party to
or is required to testify in connection with any litigation or administrative proceeding
commenced by, against or concerning Lessee, then Lessee shall protect and hold Lessor
harmless therefor and shall pay all costs, expenses, and reasonable attorney's fees incurred by
Lessor in connection with such proceeding.
(d) Attorney's Fees. In the event of any controversy, claim, or dispute
relating to this Lease Agreement, or the breach thereof, the prevailing party shall be entitled to
recover from the losing party reasonable expenses, attorney's fees, and costs.
(e) Limitation of Liability. Any claim by Lessee against Lessor shall
be limited to the interest of Lessor in the Property.
(f) . Survival. The terms of this Section 13 shall survive the term of
this Lease Agreement.
15. DEFAULT.
(a) Events of Default. In the event that Lessee defaults in performing
any of its obligations under this Lease Agreement and fails to cure such default within ten (10)
days after the giving of notice of default by Lessor, then Lessor, at its option, may terminate
this Lease Agreement by three (3) days written notice to Lessee, or pursue any other remedies
for default available to it at law or in equity.
(b) Remedies Upon Default. Upon Lessor's termination of this Lease
Agreement pursuant to subparagraph (a) above, Lessee shall at once surrender possession of the
Site to Lessor, and Lessor may immediately, and without further notice, or at any time
thereafter, reenter the Site and remove all persons and all or any property therefrom, by any
suitable action or proceeding at law.
(c) Other Remedies. If Lessee breaches any of the provisions hereof,
Lessor shall be entitled to obtain specific performance thereof, and shall be further entitled to
obtain any other remedies which it may have at law or equity.
16. NOTICES. All notices or other communications to be given under this
Lease Agreement shall be in writing and delivered personally or sent by prepaid, first class,
certified or registered airmail, return receipt requested and mailed to the address set forth below
(or to such other address as either party may from time to time duly notify the other). Any such
notice or other communication shall be deemed to have been duly given immediately upon actual
receipt or three (3) days after mailing.
0241563.03
028720 -000 09/01/95
-4-
Atoll Holdings, Inc.
1150 Laurel Lane
San Luis Obispo, CA 93401
Attn: H. C. Harbers, Jr.
The City of San Luis Obispo
Parks and Recreation Department
860 Pacific Street
San Luis Obispo, CA 93401
C
17. TERMS SEVERABLE. If any provision hereof is held void or
unenforceable for any reason, the remainder of this Lease Agreement shall continue in full
effect.
18. RIGHTS CUMULATIVE. All rights and powers conferred hereunder
upon Lessor and Lessee shall be cumulative but not restrictive to those given by law.
19. NO WAIVER OF RIGHTS. No failure of Lessor to exercise any right
hereunder, or to insist upon strict compliance by Lessee with its obligations hereunder, and no
custom or practice of the parties at variance with the terms hereof shall constitute a waiver of
Lessor's rights to demand exact compliance with the terms hereof.
20. BROKERAGE. Lessor and Lessee each represent to the other that it has
not dealt with any broker or agent in connection with this Lease.
21. SUCCESSORS AND ASSIGNS. Except as otherwise expressly provided,
all provisions herein shall be binding upon and shall inure to the benefit of the parties, their
permitted heirs, executors, administrators, legal representatives, successors and assigns.
22. GOVERNING LAW. The laws of the State of California shall govern the
validity, performance and enforcement of this Lease Agreement. Venue for any action related
hereto shall be in the courts of San Luis Obispo County, California.
0241563.03
028720 -000 09/01/95
-5-
23. ENTIRE AGREEMENT. This Lease Agreement and the attached Exhibits
set forth the entire agreement between the parties. Any prior or contemporaneous conversations
or writings are merged herein. No provision hereof can be waived or amended except by a
writing signed by the party against whom enforcement of such waiver or amendment is sought.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease
Agreement, as of the date first written above.
LESSOR:
ATOLL HOLDINGS, INC.
By:
Tit]
APPROVED T FORM:
i �'�Z• � 4 v. •,i
LESSEE:
CITY OF SAN LUIS OBISPO, CALIEO RNIA
Bye-
Title: Mayor
0241563.03
028720.000 09/01/95
-6-
By Asst. City Clerk Kim Condon
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LAUREL LANE EXHIBIT A
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t'-- ROOLUTION NO.8 4 4 ( 1995 Series;
SPECIFY THAT LEAST $1,315,806 WILL BE CONTRIBUTED
BY THE CITY TOWARDS THE CONSTRUCTION OF
A NEW HEADQUARTERS FIRE STATION
AND AUTHORIZE THE FIRE CHIEF AS
AGENT FOR THE CITY REGARDING THIS GRANT
WHEREAS, the City of San Luis Obispo entered into an Agreement for a Local Government
Grant on June 23, 1995 for the recovery of costs relating to the replacement of its seismically unfit
headquarters fire station, and
WHEREAS, total costs in the amount of $3,182,772, are specified for the replacement of
this fire station,
WHEREAS, throughout the entire application process, the Fire Chief has been the authorized
official.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of San Luis Obispo
does hereby agree to contribute at least $1,315,806, which is more than the 75% contribution
required by the State of California to qualify fora local government grant, and authorizes the City's
Fire Chief to sign as its agent.
Upon motion of Council Member Romero , seconded by Council Member
Williams and on the following roll call vote:
AYES: Council Members Smi.th, Williams, Roalman, Romero, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this
ATTEST:
X
1995. '
R -8446
Resolution No. 8446 (y' es 1995)
Page Two
APPROVED:
ci Admini trative Officer
��;J M 3
f�
RESOLUTION NO. 8445 (1995 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING INTENTION TO REIMBURSE EXPENDITURES
RELATING TO THE HEADQUARTERS FIRE STATION PROJECT
FROM THE PROCEEDS OF OBLIGATIONS OF THE CITY
AND DIRECTING CERTAIN ACTIONS
WHEREAS, the City has previously advanced funds, and expects to make future
advances, to finance a project consisting of the headquarters fire station (the "Project"), and in
order to provide funds to finance the Project the Council intends to issue debt for such Project
and to use a portion of the proceeds of such debt to reimburse expenditures made for the
Project prior to the issuance of the debt; and
WHEREAS, United States Income Tax Regulations section 1.150 -2 provides generally
that proceeds of tax- exempt debt are not deemed to be expended when such proceeds are used
for reimbursement of expenditures made prior to the date of issuance of such debt unless
certain procedures are followed, one of which is a requirement that (with certain exceptions),
prior to the payment of any such expenditures, the issuer declare an intention to reimburse such
expenditures; and
WHEREAS, it is in the public interest and for the public benefit that the City declare
its official intent to reimburse the expenditures referenced herein;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Council hereby declares that it reasonably expects to issue
obligations (the "Obligations)) for the purpose of paying costs of (i) the acquisition and
construction of a headquarters fire station, consisting of a 16,000 square foot main story
building designed with administrative offices, crew's living quarters, and four drive- through
apparatus bays; (ii) the rehabilitation of an existing on -site 1,600 square foot maintenance
facility to meet current code and seismic standards; and (iii) construction of a three story block
training center.
SECTION 2. The Council hereby declareL that it reasonably expects (i) to pay certain
costs of the Project prior to the date of issuance of the Obligations and (ii) to use a portion of
the proceeds of the Obligation for reimbursement of expenditures for the Project that are paid
before the date of issuance of the Obligations.
SECTION 3. The maximum principal amount of the Obligations is $3,500,000.
R -8445
Resolution No. 8445 (199` eries)
Page 2
On motion of Council Member William�sand seconded by Vice Mayor Romero
and on the following roll call vote;
AYES: Council Members Smith, Williams, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 29rh day of J 995.
Mayor Allen Settle
ATTEST:
1 L. RWY,
APPROVED:
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RESOLUTION NO. 8444 (1995 Series)
A RESOLUTION AUTHORIZING THE SALE
OF A PORTION OF LAGUNA LAKE GOLF COURSE TO
CONGREGATIONAL CHURCH- UNITED CHURCH OF CHRIST
WHEREAS, the Congregational Church - United Church of Christ and LifeSpan of San
Luis Obispo desire to conduct a Senior Day Care Program at the church property; and
WHEREAS, the existing church property is not large enough to allow for the
construction of a building on site for the Senior Day Care Program; and
WHEREAS, the Laguna Lake Golf Course, adjacent to the church, has sufficient
surplus land to allow for the construction of a building; and
WHEREAS, the Congregational Church - United Church of Christ and LifeSpan have
entered into an Agreement to provide the LifeSpan Service at the church site; and
WHEREAS, the City is indemnified from legal action resulting from the sale; and
WHEREAS, this transaction has received an Environmental Review which determined
there are no environmental impacts on the portion of the property in question; and
WHEREAS, there are no adverse impacts on the operations of Laguna Lake Golf
Course, and the sale will promote an important public purpose in allowing the establishment of
a much needed Senior Day Care Program;
NOW THEREFORE BE IT RESOLVED that the Council of the City of San Luis
Obispo authorizes the sale of a portion of Laguna Lake Golf Course, as identified by the legal
description of the property, to the Congregational Church - United Church of Christ for a sum
of $20,000, as set forth in the Agreement attached hereto as Exhibit "A," and authorizes the
Mayor to execute the agreement on behalf of the City.
On motion of Council Member WilliArtd seconded by Vice Mayor Romero
and on the following roll call vote:
AYES: Council Members Smith, Williams, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
ATTACHMENT #1
R - 8,444
Resolution No. 8444 (1995 Series)
Page 2
the foregoing resolution was adopted on this 95rh day of July , 1995.
Allen Settle, Mayor
ATTEST:
%L' I
APPROVED AS TO FORM:
riffiet n, Att&fey
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF LOT 59 OF STRATTON'S SUBDIVISION OF THE RANCHOS
CANADA DE LOS OSOS.& LA LAGUNA, AS SHOWN IN BOOK A OF RECORD MAPS
AT PAGES 83 AND 84, RECORDED IN THE OFFICE OF THE SAN LUIS OBISPO
COUNTY RECORDER, DESCRIBED AS FOLLOWS:
BEGINNING at a 1 1/2" iron pipe & tag, L.S. 3982, on the
southwesterly line and distant 49 ft. from the westerly corner
of Parcel A, as shown in Book 20 of Parcel Maps at Page .71,
being THE TRUE POINT OF BEGINNING; thence, at right angles to
the said southwesterly line, South 45 degrees .59 minutes 25
seconds West, a distance of 65 ft.; thence, along a line
parallel to and 65 ft.' southwesterly of the southwesterly line
of Parcel A, South 44.degrees 00 minutes 35 seconds East, a
distance of 130 ft.; thence, along a line at right angles to
the southwesterly line of Parcel A, North 45 degrees 59
minutes 25 seconds East, a distance of 65 .ft.; thence,
northwesterly along the southwesterly line of Parcel A, North
44 degrees 00 minutes 35 seconds .West, a distance of 130 ft.
to the TRUE POINT OF BEGINNING. (containing 0.194 Ac., more
or less)
Fzhi ,it B B -2
CA
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Doc No: 1995- 041858 Rec No: 00047076
RECORDING REQUESTED BY Official Records ; RF 67.00
CITY OF SAN LUIS OBISPO San Luis Obispo Co. ;
WHEN RECORDED MAIL TO: Julie L. Rodewald ;
Recorder ;
City of San Luis Obispo Sep 18, 1995
Time: 10:17 ,
Attn: Paul LeSage ,
860 Pacific Street [ 21 ',TOTAL 67 .00
San Luis Obispo, CA 93401
Z�
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT constitutes an agreement by
which the CITY OF SAN LUIS OBISPO, a chartered municipal
corporation of the State of California ( "Seller" and /or "City ")
agrees to sell, and THE CONGREGATIONAL CHURCH - UNITED CHURCH OF
CHRIST, a Not For Profit California Corporation (Buyer" and /or
"Church "), agrees to purchase that certain real property
( "Property ") legally described in the attached Exhibit "A ", which
is incorporated herein as though fully set forth.
The terms and conditions of this Agreement are follows:
1. Purchase and Sale. Seller agrees to sell to Buyer, and
Buyer agrees to purchase from Seller, the property upon the terms
and conditions as following.
2. Purchase Price. The purchase price of the Property is
Twenty thousand Dollars ($20,000.00).
3. Payment of Purchase Price. Buyer shall pay the purchase
price in full upon the transfer of the Property as specified in
1
v
this Agreement.
4. Lot Line Adjustment. The Seller shall provide all
necessary legal descriptions to be included in the deed, and a lot
line adjustment.
5. Conditions of Title., Fee simple absolute title to this
Property shall be conveyed by Seller to Buyer by grant deed in the
form set forth in Exhibit "B" to be fully executed and acknowledged
by Seller subject only to the following conditions of title:
A. Matters affecting the Conditions of Title created
by, or with the written consent of Buyer.
B. Prior to transfer of the Property, Seller shall
deliver to Buyer a Preliminary Title Report evidencing the
willingness of a Title insurer to provide a policy of title
insurance (C.L.T.A. or equivalent) in the amount of the purchase
price showing title to the property vested in Buyer.
6. Costs and Expenses. The cost and expense of the title
report and insurance policy to be issued in favor of the Buyer as
in paragraph 5(B) above, shall be paid by Seller. The cost of
drafting documents necessary to this transaction shall be borne by
the party responsible for furnishing the document. Recording fees
shall be borne by the Buyer.
7. Default. Seller agrees that if this sale is not
completed due to fault of Seller, Buyer may, at its option
terminate this Agreement without any liability. Buyer shall not be
entitled to recover any of its out of pocket expenses.
8. Notices. All notices or other communication required or
Pa
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permitted shall be in writing, and will be personally delivered or
sent by registered or certified mail, return receipt requested, at
the following addresses:
Seller: City of San Luis Obispo
Attn: Paul LeSage
860 Pacific Street
San Luis Obispo, CA 93401
Buyer: The Congregational Church -
United Church of Christ
Attn: Moderator
For Location: 11245 Los Osos Valley Road
San Luis Obispo, CA 93405
For Mail: P.O. Box 3559
San Luis Obispo, CA 93403
Notice shall be deemed given as of the time of personal delivery or
forty -eight (48) hours following deposit in the United States Mail.
Notice of change of address shall be given by written notice.
9. Seller's Representations and Warranties.
A. In addition to any express agreements of Seller
contained herein, the following constitute representations and
warranties of Seller which shall be true and correct as of the
transfer of title (and the truth and accuracy of which will
constitute a condition to the Buyer accepting the transfer of
title) :
(1) There are no actions, suits, claims, legal
proceedings or any other proceeding affecting the Property or any
portion thereof at law or in equity before any Court or
governmental agency, domestic or foreign.
(2) Seller has not received any notices from
governmental authorities pertaining to violations of law or
governmental regulations with respect to the Property.
R3
�i
(3) Seller has no knowledge of any pending or
threatened proceeding in eminent domain or otherwise by any public
entity which would affect the Property, or any portion thereof, nor
does Seller know the existence of any facts which might give rise
to such action or proceedings.
(4) There are no liens or encumbrances on or claims
to, or covenants, conditions and restrictions, easements, rights of
way, rights of first refusal, options to purchase, or other matters
affecting the Property except those previously disclosed and any
rights conferred to Buyer by this Agreement.
(5) There is no material adverse fact or condition
relating to the Property, or any portion thereof (including the
existence of any underground tanks or hazardous material) of which
the Seller is aware. The Buyer agrees to accept the Property in
its existing condition, without any warranty whatsoever.
(6) Seller has the legal power, right and authority
to enter into this agreement, and to consummate the transaction
contemplated hereby.
(7) There are no fixtures on the property in which
anyone other than Seller has any claim, rights, or security or
other interest.
(8) There are no service or maintenance contracts,
management agreements or any other agreements which will affect
Buyer or the property subsequent to the transfer of title.
(9) In the event that, during the period between
the execution of this Agreement, and the transfer of title, Seller
4
K
has actual knowledge of, learns of, or has a reason to believe that
any of the above representations or warranties may cease to be
true, Seller hereby covenants to immediately give notice to Buyer
of the change in circumstances. Upon Seller notifying Buyer of the
change in circumstances Buyer may terminate this agreement, and all
funds delivered to Seller in connection herewith shall be
immediately returned.
10. Use of Property..
A. Buyer agrees to enter into and maintain an agreement
and lease with LifeSpan Services Network, Inc., a Not For Profit
California Corporation ( "LifeSpan ") . LifeSpan is to provide a
senior adult day care program at The Congregational Church for a
period of no less than twenty -five (25) years ( "the agreement
term "). A Memorandum of Lease setting forth the minimum terms of
the agreement between Church and LifeSpan (which incorporates the
terms of the Lease dated June 15, 1994, between the Congregational
Church - United Church of Christ and Ad Care, and the First
Amendment of Lease dated August 22, 1995, between the United
i
Congregational Church - United Church of Christ and LifeSpan
Services Network, Inc.) is attached as Exhibit "C ". At any time
should LifeSpan be unable to provide the senior adult day care
program, the Buyer agrees to make a good faith effort to find a
replacement senior or other social services provider for the
remainder of the agreement term, on essentially the same terms and
conditions as the Memorandum of Lease described in this Paragraph
10A.
5
B. Buyer agrees to establish a gate that allows
emergency vehicles access to Laguna Lake Golf Course at its own
cost, consistent with all applicable City code and legal
requirements. The Buyer further agrees to maintain access to the
emergency gate for emergency vehicles via fire lanes constructed
and maintained consistent with all applicable City code and legal
requirements.
C. Buyer will relocate golf course water and electrical
lines off the property at its own cost, to the approval of City
Parks and Recreation Director.
D. Seller shall process a zone change (from PF to R3)
for the Property at its own cost.
E. Buyer acknowledges that any structure on the
Property shall require City Architectural Review Commission
approval, which shall include consideration of building design,
location, orientation, and other techniques required to minimize
conflicts between any new structure and golf course operations to
maximize safety and enhance visual effects.
F. Buyer agrees to allow the City of San Luis Obispo
use of the LifeSpan community room on the Property for City senior
programs on an as available basis. Use of the proposed LifeSpan
facility by the City shall be coordinated and administered by the
Church and LifeSpan. Any such use is to be by written application
to the Church Council and LifeSpan Board of Directors and is
subject to building use policies as established by the Church and
LifeSpan. City shall save, defend, indemnify and hold Church and
9
Iv
LifeSpan and their agents, officers and employers harmless from and
against any claims or losses arising from City's use of the
Property.
G. Indemnification. Upon transfer of the Property,
Buyer hereby agrees to defend, indemnify, protect and hold the City
and its agents, officers, and employees harmless from and against
any claims asserted or liability established for damages or
injuries to any person or property occurring on the Property which
arise from or are connected with or are caused or claimed to be
caused by the acts or omissions of the City with respect to
operation of a golf course on adjacent property and all expenses of
investigation and defending against same; provided, however, that
Buyer's duty to indemnify and hold harmless shall not include any
claims or liability arising from the established sole active
negligence or willful misconduct of the City, its agents, officers,
or employees.
H. Buyer will take appropriate safety precautions (such
as, if necessary and by way of example only, fencing /netting or
other techniques) to protect the Property from golf course
operations at its own cost, to the approval of the City Community
Development and Parks and Recreation Directors.
11. Survival of Conditions. The covenants, agreements,
representations and warranties made in this Agreement shall survive
the recordation and delivery of the Grant Deed conveying the
Property to Buyer.
12. Successors and Assigns. This Agreement shall be binding
7
upon, and shall inure to the benefit of, the successors, heirs, and
assigns of the parties hereto.
13. Required Action of Buyer and Seller. Buyer and Seller
agree to execute all such instruments and documents and to take all
actions pursuant to the provisions hereof in order to consummate
the purchase and sale herein contemplated and shall use their best
efforts to accomplish the timely Transfer of Title in accordance
with the provisions hereof.
14. Entire Agreement. This Agreement contains the entire
agreement between the parties hereto relating to the Property, and
may not be modified except by an instrument in writing signed by
the parties hereto.
15. Recorded. It is the intention of the parties that this
Agreement shall be recorded.
16. ,Approvals. Whenever an approval is required under this
Agreement, such approval shall be construed as "reasonable
approval."
IN WITNESS WHEREOF, the parties hereto have executed the
Agreement in duplicate originals on this It day of Lr-
, 1995.
SELLER
CITY OF SAN LUIS
Mayor
• �. •. 4`01[•; . ,
r
8
I :7
THE CONGREGATIONAL CHURCH -
UNITED CHURCH OF CHRIST
By:� >�.
Moderator
°V
ney
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No. 5907
State of l'�rnrzllr�y
County of -CAIv 4 v/s 031SP0
On _ PicoX2 F, /g Li before me, P*MIC4 w kcHYMDiUO . IV67XAY/ a4d"; ,
DATE NAME, TITLE OF OFFICER - E.G., -JAKE DOE, NOTARY PUBLIC -
personally appeared 195Z9R771A .TEAK' 4611eW5:11 1V12&771A - 361KoP4"c7T
NAme(S) OF SIGNER(S)
❑ personally known to me OR proved to me on the basis of satisfactory evidence
to be the person(') whose name(z) is
subscribed to the within instrument and ac-
knowledged to me that she executed
the same in h+s er authorized
' PATRICK W. RICHMOND Z capacity(+c*, and that by -b+s he their
Z : -m COMM. #1003317 Z
Z - NotaryPublic — California signatureo on the instrument the person(s),
My SAN LUIS OBISPO COUNTY or the entity upon behalf of -which the
Comm. es NOV 9,1997 y p
person(p) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
CORPORATE OFFICER
TTI_E(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
® OTHER: fr QDE2P TVe
DESCRIPTION OF ATTACHED DOCUMENT
PUQGiNSE AlvD .9n LC AG2CL-menrr
TITLE OR TYPE OF DOCUMENT
9 r�cus &XNi,BiTs
NUMBER OF PAGES
�EPJEIyJ/�E2 � /99.1'
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES) JiJ/¢ i/a,Q O/—' L' 77Y Di' S," 14(15 OI13l.ri"'D
1 t!E C0UGe C&10•nD1Q#& (^_f-I Qe6d -- SIGNER(S) OTHER THAN NAMED ABOVE
0/y I Z V C1yU/LGW OF C'NRI Sr .5"9N AIJ6 Od✓-�o
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Box 7184 - Canoga Park, CA 91309 -7184
10
CALIFORNIA ALL-PURPOSE-ACKNOWLEDGMENT r
State of
County of (;n y\ )-k i j,S � D i,1:;P0
No. 5907
On Sn.D _ . I ��q� before me, to SAt 'Or-4 nnrv_�I�hljC
DATE a NAME. TITLft OF OFFICER - E.G., .JA E DOE, NOTARY P BLIC'
personally appeared —& `l an )g b cr k+Q
NAMES) OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person( whose name is are
subscribed to the within instrument and ac-
knowledged to me thai(fys4@A#w executed
the same in I i9�ir authorized
capacity, an-d that by is h #e
ot�atsF signaturePQ on the instrument the person(,,
DUWE III. STUART or the entity upon behalf of -which the
I�onanY Pue UC- CALIPMRA
1MISSlONAU7801 person(s) acted, executed the instrument.
SM un9 OBMPO COUNTY
aN tamemWm Ej% , MaY 29.1997
—j WITNESS my hand and official seal.
n M F'_ Q ^Z�,{1.�J' `�
'SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
rrrLE(s)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIA /CONSERVATOR
OTHER: `
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
�tlrCllSq- -��il� rQQrP�mPrtl
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
Q 1 9q
DATE O�: DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE
C1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309.7184
11
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF LOT 59 OF STRATTON'S SUBDIVISION OF THE RANCHOS
CANADA DE LOS OSOS & LA LAGUNA, AS SHOWN IN BOOK A OF RECORD MAPS
AT PAGES 83 AND 84, RECORDED IN THE OFFICE OF THE SAN LUIS OBISPO
COUNTY RECORDER, DESCRIBED AS FOLLOWS:
BEGINNING at a 1 1/2" iron pipe & tag, L.S. 3982, on the
southwesterly line and distant 49 ft. from the westerly corner
of Parcel A, as shown 'in Book 20 of Parcel Maps at Page .71,
being THE TRUE POINT OF BEGINNING; thence, at right angles to
the said southwesterly line, South 45 degrees 59 minutes 25
seconds West, a distance of 65 ft.; thence, along a line
parallel to and 65 ft. southwesterly of the southwesterly line
of Parcel A. South 44 degrees 00 minutes 35 seconds East, a
distance of 130 ft.; thence, along a line at right angles to
the southwesterly line of Parcel A, North 45 degrees 59
minutes 25 seconds East, a distance of 65 ft.; thence,
northwesterly along the southwesterly line of Parcel A, North
44 degrees 00 minutes 35 seconds West, a distance of 130 ft.
to the TRUE POINT OF BEGINNING. (containing 0.194 Ac., more
or less)
Exhibit A
RECORDING REQUESTED B1'-( I
CITY OF SAN LUIS.OBISPO
AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHERWISE
SHOWN BELOW. MAIL TAX STATEMENT TO:
Ntme City ab- SLO; ATTN: P. LeSage
Street 860 Paci jic St.
Address San Luiz Obispo, CA 93401
City a
State
Zip
Title Order No
T 355 Legal (2.94)
Escrow No.
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
(( J.
SPACE ABOVE THIS LINE
Grant Deed
USE
DOCUMENTARY TRANSFER TAXIS S
❑ unincorporated area ®( City of can T ni s bispo
Parcel No: 53- 111 -42
❑ computed on full value of interest or property conveyed, or
❑ computed on full value less value of liens or encumbrances remaining at time of sale, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of
California
hereby GRANT(S) to
THE CONGREGATIONAL CHURCH - UNITED CHURCH OF CHRIST
the following described real property in the City of San Luis Obispo
county of San Luis Obispo , state of California:
(See attached Exhibit A)
Dated
STATE OF CALIFORNIA
COUNTY OF
On
} S.S.
before me,
a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) islare subscribed to the
within instrument and acknowledged to me that he /she /they executed
the same in hisltterRha!r authorized capacity(es), and that byhislher/their
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument. .
WITNESS my hand and official seal
Signature
TEAIEI\TS TO PARTY SHOWN ON FOLLOWING
(This area for official notarial seal
IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE
e.___. . 'A.— R_ 7 City G sutc
i EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF LOT 59 OF STRATTON'S SUBDIVISION OF THE RANCHOS
CANADA DE LOS OSOS & LA LAGUNA, AS SHOWN IN BOOK A OF RECORD MAPS
AT PAGES 83 AND 84, RECORDED IN THE OFFICE OF THE SAN LUIS OBISPO
COUNTY RECORDER, DESCRIBED AS FOLLOWS:
BEGINNING at a 1 1/2" iron pipe & tag, L.S. 3982, on the
southwesterly line and distant 49 ft. from the westerly corner
of Parcel A, as shown in Book 20 of Parcel Maps at Page .71,
being THE TRUE POINT OF BEGINNING; thence, at right angles to
the said southwesterly line, South 45 degrees 59 minutes 25
seconds West, a distance of 65 ft.; thence, along a line
parallel to and 65 ft.' southwesterly of the southwesterly line
of Parcel A, South 44 degrees 00 minutes 35 seconds East, a
distance of 130 ft.; thence, along a.line at right angles to
the southwesterly line of Parcel A, North 45 degrees 59
minutes 25 seconds East, a distance of 65 .ft.; thence,
northwesterly along the southwesterly. line of Parcel A, North
44 degrees 00 minutes 35 seconds, West, a distance of -130 ft.
to the TRUE POINT OF BEGINNING. (containing 0.194 Ac., more
or less)
Exhibit B 8 -2
Recording Requ,�ted By:
RICHARD A..CARSEL, ESQ.
when Recorded Return To:
RICHARD A. CARSEL, ESQ.
CARSEL & CARSEL -
1118 Palm Street
San Luis Obispo, CA .93401
APN
MEMORANDUM OF LEASE
This is a MEMORANDUM of the Lease ( "Lease ") made on
June 15, 1994, between THE CONGREGATIONAL CHURCH - UNITED
CHURCH OF CHRIST, A Not For Profit California Corporation
( "Landlord ") , whose mailing address is P.O. Box 3559, San Luis
Obispo, California, 93403, -and LIFESPAN SERVICES NETWORK, INC.,
A California Nonprofit Public Benefit Corporation, formerly
known as AD CARE, A Not For Profit California Corporation
( "Tenant!') , whose mailing address is P.O. Box 17961 Atascadero,
California 93423-i796,' and of the First Amendment to the Lease
made by the parties on August Z2 1995 ( "First Amendment "),
on the following terms and conditions:
1. Description of Premises. Landlord is the owner of
the real property located in the City of San Luis Obispo,
county of San Luis Obispo; State of California, commonly known
as 11245 Los Osos Valley Road ( "the Property ") . Landlord
leases to Tenant a portion of the Property, as marked approxi-
mately in blue on Exhibit "A" ( "the Premises "), and the appur-
tenant rights set forth in Paragraph 2, for the purposes set
forth herein.
2. Appurtenant Rights. The appurtenant rights
referred to in this Lease are as follows:
(a) Tenant shall have full and unimpaired access
to the Premises at all times except for limited rights of
Landlord and the City of San Luis Obispo, California, to use
portions of the Building as provided in Paragraphs 11 (b) and
(c) of the Lease, and except for the possible denial of access
caused by destruction as provided in Paragraphs 26 -and 27 of
the Lease.
(b) Tenant shall be entitled to the use of eleven
(11) non- designated parking spaces in the parking lot -indicated
in Exhibit "A ".
3. Term; Option to Extend.
(a) Term. The term of this Lease shall be
twenty -five (25) years, commencing on the date Tenant receives
r\realty\church.mem Exhibit C 1 C -1
a certificate --'of occupancy ( "the term -j, unless sooner
terminated pursuant to this Lease. In addition, at the sole
election. of Landlord and in Landlord's sole discretion,
Landlord shall have the right to terminate this Lease if Tenant
has not commenced construction, as more particularly described
herein at Paragraph 4., within three (3) years from October 1,
1995.
(b) Option to Extend. In the event that Landlord
desires that Tenant vacate the Building at the conclusion of
the Lease term Landlord shall give Tenant twelve (12) months
prior notice. If such notice is not given Tenant shall have
the right to lease the building for an additional period of one
(1) year, following. the conclusion of the Lease term. Landlord
shall have the right to terminate this Lease as of any anniver-
sary of the.last day of this Lease term by giving Tenant not
less than twelve (12) months prior written notice to that
effect. If Landlord fails to give such notice the Lease shall
continue in effect as a tenancy from year to year subject to
all terms and conditions of this Lease.
(1) When 12 Month Notice Not Required. If
Tenant is in default as of any date which is twelve (12) months
or less before the end of the Lease term, Landlord may give
notice of such default to Tenant at any time which is not less
than thirty (30) days prior to the end of the Term. Such
notice shall be effective at Landlord's election to terminate
this Lease at the end of this initial term unless the default
is cured within thirty (30) days of such notice.
(2) Rent During Extended Term. The rent
during the extended term shall be as mutually agreed between
the parties. If the parties are unable to agree upon the fair
market rent, the matter shall be submitted to binding arbitra-
tion. In the event of arbitration, the standard for deter-
mining any rent to be paid shall be the fair rental value of
the Premises. If the parties cannot agree on an arbitrator
they shall each select a real estate broker and the two brokers
shall select an arbitrator. If the two brokers cannot agree on
an arbitrator then the arbitrator shall be selz-7ted by a Judge
of the Superior Court of San Luis Obispo County. No discovery
of any kind shall be permitted to either party. Each party
shall bear their respective costs and attorney's fees in the
arbitration.
4. construction of Building by Tenant. Tenant will
install a building of approximately forty -three hundred (4,300)
square feet on the Property ( "the Building "). The Building and
related improvements, such as parking spaces, landscaping,
utility installations and the like, are sometimes collectively
referred to as "the Project ".
5. Ownership of the Building at Lease Termination.
At the end of the Lease term Landlord shall have the right to
take possession of the Building, shall obtain all rights in the
Project, and ownership of the Building shall be transferred to
Landlord without any further act by Landlord and without
payment of any further sums by Landlord (other than customary
r \realty \church.mem
escrow costs). _
6. Negation. of Joint Venture. Landlord shall not
become or be deemed a partner or a joint venturer with Tenant
by reason of any of the provisions of this Lease.
IN WITNESS WHEREOF the parties have executed this
Memorandum of Lease in triplicate originals-.
DATED: August 1995.
DATED: August 1995.
r \realty\church.—
LANDLORD:
THE CONGREGATIONAL.CHURCH -
UNITED CHURCH OF CHRIST
A Not For Profit California
Corporation
e
MARTHA BURKETT, Moderator
TENANT:
LIFESPAN SERVICES NETWORK, INC.
A California Nonprofit Public
Benefit Corporation n
;' Pres
By
CARMEN K. SINGH, Secretary
3
i I i
APPROVED AS TO FORM.AND CONTENT:
Dated: August ., 1995. CARSEL & CARSEL
Dated: August 1995.
r\realty\church.mem
Attorneys at Law
By:
CHARD A. CARSEL
ttorneys for Landlord
4
J. CHRISTOPHER TOEWS
Attorney at Law
J. �HRI OPHER TOEWS
Attorney for Tenant
f
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN LUIS OBISPO )
On Qr�c (lo 1995, before me; L3 ?IAA C /ernouK.
Notary Public, personally appeared
HARRY OVITT, personally known to me (or proved to me on the
basis 'of satisfactory evidence) to. be the person(A51 whose
name(.$) is /are subscribed to the within instrument, and
acknowledged to me that he /she/they executed. the same in
his /her /the -i -i: authorized capacity(ies), and that by
his /her /thee signature (s -" on the instrument the person (al , or
the entity upon behalf of which the person(s'j acted, executed
the instrument.
WI-TNESS my hand and official'seal.
=NOTAA Coleman 16 i0d3)81
C CgOFORNIAQ NOta Public in and for said
SPO COUNTY �i . OCl. 30..1998 County and State
STATE OF CALIFORNIA
ss.
COUNTY OF SAN LUIS OBISPO
On 1995; before me,
U _ , Notary Public, personally_ appeared
CARMEN R. SINGH; personally known tome (or proved to me on.the
basis of satisfactory evidence) to be the person W whose
name(.) is /a�re, subscribed to the within instrument, and
acknowledged to me that he/she/they executed the same in
kris /her /their authorized capacity(es), and that by
h-is /her /the-ir signature(ar on the instrument the person or
the entity upon behalf of which the person(sj acted, executed
the instrument.
WITNESS my hand.and official seal.
;w.: Bo=Ran eman �'� �Y`, C781 c ' NOTAIPpRNIAO C SAN UNTY n - ow Com, 1998 -�
r%realty %church.mem
Notary.Public in and for said
County and State
STATE OF CALIFORNIA
ss.
COUNTY OF SAN LUIS OBISPO
On - August 22 . 1995, before me, Bonita R. Coleman, personally
appeared Martha Burkett personally Down to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) is/are-subscribed to the within
instrument and acknowledged to me that he /she /they executed the .same in his/her /their
authorized capacity(ies), and that by -his/her /their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
U k `fw
'BoriiaR..Coleman?
q. Comm 81043781
: NOTARY PUBLIC CnLIFORNIA2
L •:,".J " SAN LUIS 081SP0 COUNTY n
Ccnun. Expuc, Oct. 00, 1990 =�
,1�7
Notary Public in aLd.for.said County and
State
bJ
00
FQILJOOOS VALLEY ROAq-
tATIC SIT9 PLAN
END OF I)OCUUIpMT-Ill
7rscKlemj
CONGREGAT ONAL
CHURCP
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Cie I�q
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ral
L.
RESOLUTION NO. 8443 (1995 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ESTABLISHING A POLICY REGARDING AMICUS CURIAE
(FRIEND OF COURT) PARTICIPATION
WHEREAS, the City is frequently requested to join as Amicus
Curiae (Friend of Court) in cases of statewide significance to
Cities; and
WHEREAS, because of the often short time limits for filing an
Amicus Curiae brief, it is not practical to place these matters on
the City Council agenda for consideration; and
WHEREAS, the City Attorney's Department of the League of
California Cities has established a Legal Advocacy Committee to
review requests to join as Amicus Curiae and makes recommendations
regarding cases of statewide significance in which Cities should
join;
NOW, THEREFORE, BE IT RESOLVED, by the City Council that the
following policy regarding Amicus Curiae (Friend of Court)
participation is hereby established:
It is the policy of the City Council that the decision whether
the City will participate as Amicus Curiae in any legal action in
which the issues raised may be significant to the City shall be
made as follows:
1. For cases in which participation by all cities is urged
by the Legal Advocacy Committee of the League of
California Cities, the decision regarding participation
may be made by the City Attorney, if there is no cost to
the City to participate.
Attachment 3
R -8443
Resolution No. 8443 (1995 Series)
2. For cases in which participation by interested cities is
recommended by the Legal Advocacy Committee of the League
of California Cities, the decision regarding
participation may be made by the Mayor and City
Administrative Officer upon a recommendation by the City
Attorney, if there is no cost to the City to participate.
3. For all other cases, the decision regarding participation
shall be made by the City Council upon recommendation by
the City Attorney.
Upon motion of Vice Mayor Romero , seconded by Council Member
Smith and on the following roll call vote:
AYES: Council Members Romero, Smith, Roalman, Williams and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this
July 1995.
ATTEST:
D'a R. Gladwely, City Clerk
APPROVED • FORM:
3 -2
19th
Mayor Allen K. Settle
day of
U
u'
i . _ ,
RESOLUTION NO. 8442 (1995 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A COOPERATIVE AGREEMENT BETWEEN THE STATE OF
CALIFORNIA AND THE CITY FOR MODIFYING THE TRAFFIC SIGNALS AS REQUIRED
FOR THE CONSTRUCTION OF FIRE STATION ONE AND THE OBLIGATION TO
REIMBURSE THE STATE FOR ALL COSTS OF MAINTENANCE OF RELATED SIGNAL
PRE- EMPTION EQUIPMENT.
WHEREAS, the City and the State, pursuant to Streets and Highways Code Section 130,
are authorized to enter into a Cooperative Agreement for improvements to and maintenance of
State highways within City, and .
WHEREAS, City and State desire State highway improvements related to the
construction of the new Fire Station One at the intersections of South (State Route 227)
Broad/Santa Barbara Streets in the City of San Luis Obispo in accordance with plans prepared
by Associated Transportation Engineers, dated March 17, 1995 and approved by the State and,
WHEREAS, the City and State desire to specify the terms and conditions under which
the project is to be constructed, maintained and financed.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Luis
Obispo, California hereby:
1. Approves Exhibit A attached, entitled "Cooperative Agreement- 05 -SLO- 227 - 12.72, 05-
380 - 937181- 7EMPT, Broad /South /Santa Barbara Sts Signal Pre - emption District
Agreement 905 -CA- 032 ".
2. Directs the City Clerk to transmit the original and four copies, attaching to each a copy
of the authorizing resolution to:
Carolyn Wheeler, Associate CT Administrator, Cooperative Agreements
California Department of Transportation
P.O. Box 8114
San Luis Obispo, CA 93403 -8114
R -8442
Resolution No. 81+42 (1995 Series)
Page Two.
Upon motion Of Vice Mayor Romero
and on the following roll call vote:
seconded by Council Member
AYES: Council Members Romero, Smith, Roalman, Williams and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 19th
i
MAYOR '
ALLEN SETTLE
ATTEST:
day of July 1995.
APPROVED AS TO FORM:
Y1,n
7v
'S.
05- SLO- 227_i2.72 n
05- 380 -93' 11 -7EMPT 10084
Broad /Sout.,c/Santa Barbara Sts
Signal Preemption
District Agreement #05 -CA -032
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON 1��,��7 "J is between the STATE
OF CALIFORNIA, acting by and th o h its Department of Transportation,
referred to herein as "STATE" and
CITY OF SAN LUIS OBISPO
a body politic and a municipal
corporation of the State of
California, referred to herein
as "CITY"
RECITALS
(1) STATE and CITY, pursuant to Streets and Highways Code Section 130,
are authorized to enter into a Cooperative Agreement for improvements to and
maintenance of State highways within CITY.
(2) STATE and CITY desire STATE highway improvements consisting of
modifying existing traffic signals,.remove and install pavement marking and
striping and installing emergency fire preemption equipment (Opticom) on the
existing traffic signal standards at the intersection -of South(State Route
227) /Broad /Santa Barbara Streets (PM 12.72) in the City of San Luis Obispo,
in accordance to plans prepared by Associated Transportation Engineers, dated
March 17, 1995 and approved by STATE, referred to herein as "PROJECT ".
(3) STATE and CITY desire to specify herein the terms and conditions
under which PROJECT is to be constructed, maintained and financed.
��x4**Iripiu
CITY.AGREES•
(1) To construct PROJECT in accordance with plans and specifications
of CITY to the satisfaction of and subject to the approval of STATE.
(2) CITY's share of the construction cost shall be an amount equal to
one hundred.percent (1000) of the total actual construction cost.
(3) To provide, at no cost to STATE, all preemption equipment for
PROJECT.
(5) . -.To.- reimburse STATE.. for 100%. of .the__ cost . -of maintenance and
operation of said preemption equipment.
Page 1 of 3
Ana. age& y
District Agreement #05 -CA -032
SECTION II
10064
STATE- AGREES:
(1) To maintain and operate the- signal preemption equipment as
installed, at CITY expense– Said maintenance shall include preemption
operational timing. -- - - -
SECTION III
IT-IS MUTUALLY AGREED:
(1) All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and the
allocation of resources by the California Transportation Commission.
(2) Upon completion of all work under
title to materials, equipment and appurtena
right of way will automatically be vested in
and appurtenances installed- outside-. of
automatically be vested in CITY. No further
transfer ownership as hereinabove stated.
this Agreement, ownership and
inces installed within STATE's
STATE and materials, equipment
STATE's. -_ right _ of way_ - will
agreement will be necessary to
(3) The cost of any maintenance referred to herein shall include all
direct and indirect costs (functional and administrative. overhead assessment)
attributable to such work, applied in accordance with STATE's standard .
accounting procedures.
(4) Either party may terminate this Agreement upon thirty (30) days
written notice to the other.. CITY shall pay all costs incurred by STATE
which are reimbursable under this Agreement up to and including the date of
termination.
(5) Neither STATE nor any officer or employee thereof is responsible
for any damage or liability occurring by reason of anything done or omitted
to be done by CITY under or in connection with any work, authority or
jurisdiction delegated to CITY under this Agreement. It is understood and
agreed that, pursuant to Government Code Section 895.4, CITY shall. fully
defend, indemnify and save harmless the State of California, all officers and
employees from all claims, suits or actions of every name, kind and
description brought for or on account of injury (as defined in Government
Code Section 810.8 occurring by reason of anything done or omitted to be done
by CITY under or in connection with any work, authority or jurisdiction
delegated to CITY under this Agreement.
(6) Neither CITY nor any officer or employee thereof is responsible for
any damage or liability occurring.by reason of anything done or omitted to
be done by STATE under or in connection with any work authority or
jurisdiction delegated to STATE under this Agreement. It is understood and
agreed - that, - pursuant to--Government Code-- -Section 895.4 STATE shall fully
indemnify and save harmless CITY from all claims, suits or actions of every
name, kind and description brought for or on account of injury (as defined
in Government Code Section 810.8) occurring by reason of anything done or
..Omitted to be done by STATE under or in.connection with any work,. authority
or jurisdiction delegated to STATE under this Agreement.:
01—Those portions - of'ths - Agreement pertaining to the construction of
Page 2 of 3
PROJECT.shall terminate upon
contract for PROJECT by CITY,
time; however, the maintenanc
until terminated or modified,
STATE OF CALIFORNIA
Department of Transportation
JAMES W. VAN LOBEN SELS
Director of Transportation
By
Oeth G. Nelson
District Director
Date
Dist, ct Agreement #05 -CA -032
completion and accept ce of the construction
or on January 1, 1997, whichever is earlier in
e and liability clauses shall remain in effect
in writing, by mutual agreement.-
Approved as to f m & procedure.
By
Attor_ y, Departm of
Transportation
Approved as to funds & procedure
-
Acco n g Administrator
Date: -
Certified as to funds.
Byy�
Kathleen M. Copeland
Budget Manager
Date:
- - 16064
CITY OF SAN LUIS O PO
By _
Mayor D
Date: �7-,�)()'7
ATTEST:
y Clerk
Date:
Approved to content
B R�
Public Works Dire t r
Approved as to form
Page 3 of 3
LWM
R RIP
�A
3
RESOLUTION NO. 8441(1995 Series)
PERMANENT ACCESS ROAD EASEMENT AT CITY
PROPERTY LOCATED ON STENNER CREEK ROAD
FOR THE STATE WATER PROJECT
WHEREAS, the Department of Water Resources is constructing the Coastal Branch of
the State Water Project to delivery water to agencies in San Luis Obispo and Santa Barbara
Counties, and
WHEREAS, the Department of Water Resources,, needs access across City owned
property utilizing an existing road to construct and maintain the Coastal Branch of the State
Water Project pipeline, and
WHEREAS, the Department of Water Resources has requested a permanent access road
easement across a portion of City owned property which currently serves as an access road to
properties located in Sfenner Canyon area, and
WHEREAS, the Department of Water Resources has offered the City the sum of $500
for the easement, and
WHEREAS, the site will be maintained and repaired, if necessary, during and upon
completion of construction work, and
WHEREAS, the City Council has reviewed and considered the supplement to the final
environmental impact report for the State Water Project which has been certified by the lead
E
agency for the project (Department of Water Resources), and
WHEREAS, the easements will not impact the City's existing uses at the property.
NOW, THEREFORE, BE IT RESOLVED; the City Council of the City of San Luis
Obispo does hereby grant the requested easement, as more fully described in Attachment 1, and
authorizes the Mayor to execute the necessary documents relative to the easements.
R -8441
Q
Resolution No. 8441(1995 Series)
Upon motion of Romero seconded by Williams
and on the following roll call vote:
AYES: Council Members Romero, Williams and Smith
NOES: Council Member Roalman and Mayor Settle
ABSENT: None
the foregoing resolution was adopted this. 5th day of July
ATTEST:
l.C.
p2 ye Gladwell, Cit Clerk
APPROVED:
, 1995.
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
-'DEPARTMENT OF WATER RESOURCES
Division of Land and Right of Way
Real Estate Branch
1416 9th Street, Room 431
Sacramento, California 95814
EASEMENT
(TO THE STATE)
SPACE ABOVE THIS LIKE FOR RECORDER'S USE -
Project COASTAL AQUEDUCT
Parcel No. COA -432
S- 9A -82 -1
WE CITY OF SAN LUIS OBISPO
(1, We)
GRANT to the State of California an EASEMENT for access and service road and other rights
as described herein
upon, over and across that certain real property in the
County of San Luis Obispo
Department of Water Resources as:
DWR Parcel No. __ Area
COA -432, UNIT A 0.50 acre
COA -432, UNIT B 0.01 acre
State of California, identified in the records of the
Estate
Nonexclusive Access Road Easement
Nonexclusive Access Road Easement
(In the event of any discrepancy between the above identification and the real property described herein, the real
property described will control.)
DWR 550 -CP (Rev. 1/92) Page 1
EP 1 5 1994
n
COA -432
UNITS A and B
C Attachment 1
A perpetual nonexclusive easement and right of way to construct,
reconstruct, operate, maintain, and use an access and service road over,
through, and across those portions of an existing 40.00 foot Ingress and
Egress Easement described in PARCEL 3 of that certain deed recorded on January
3, 1984, in Volume 25541 Page 184, of the Official Records of said County, the
centerline of which is shown and designated as CENTERLINE OF 40' WIDE ACCESS
ROAD on that certain Record of Survey, filed for record on January 29, 1980,
in the Office of the County Recorder of San Luis Obispo, State of California,
in Book 37 of Licensed Surveys, Page 27, lying in PARCELS A and B, as shown on
said Record of Survey.
Containing an area of 0.51 acre, more or less.
2
SEP 1 5 1991
P.
� 0
No. 5684
Exp. 9 -30-95
9 Of CA0S�Q�/
STATE OF CALIFORNIA i .,iE DEPARTMENT OF WATER RESOURC
APPRAISAL SUMMARY STATEMENT
Parcel No.:
COA -430
Report No.:
Original
Date:
July 21, 1994
County:
San Luis Obispo
Division:
San Joaquin
Project:
Coastal Branch, Phase II, Reach 4
Owner: City of San Luis Obispo, A Body Corporate and Politic
Property Location: Off Fox Hollow Road, Section 25, T.30S., R.12E.
Zone: Public Facility
Present Use: Public Facility
Best Use: Public Facility
Proposed Public Use: Water Pipeline
Area and Interest to be Acquired:
0.18± acre Exclusive Pipeline and Access Road Easement
0.34± acre Temporary Exclusive Construction Easement
Area of Remainder: 3.31± acres
Market Value of Required Property: APN # 073 - 361 -004
161. M
THE RESOURCES AGENCY
Unit A: Permanent Exclusive Pipeline and Access Road Easement
0.18± acre @ $1,700 /ac x 95% = $290.07
Unit B: Temporary Exclusive Construction Easement
0.34± acre @ $12 /ac/yr x 2.33 yrs = 9.51
Total $299.58
Rounded To $500.00
The market value of the property rights being purchased is based upon a market value
appraisal prepared in accordance with accepted appraisal procedures. Valuation of your
property is based upon an analysis of recent sales of similar property in this locality.
Valuation of the land recognizes all factors influencing its current value.
Damages to the Remaining Property Due to the State's Acquisition and
Construction are: -0-
Total Payment is: $500.00
This summary of the amount offered as compensation is presented in compliance with federal
and State law and has been derived from a formal appraisal. The value of any property rights
retained by the owner which are not now reflected in the appraisal must be deducted from the
market value shown above.
STATE OF'CALIFORNIA it DEPARTMENT OF WATER RESOUR!
APPRAISAL SUMMARY STATEMENT
Parcel No.: COA -432
Report No.: Original
Date: November 15, 1994
County: San Luis Obispo
Division: San Joaquin
Project: Coastal Branch, Phase II, Reach 5A
THE RESOURCES AGENCY
Owner: City of San Luis Obispo
Interest to be Acquired: Non- Exclusive Access Road Easement
Property Location: Stenner Creek Road, Section 10, T. 30S., R.12E., M.D.M.
Zone: Government/Miscellaneous /Agriculture
Present Use: Government
Best Use: Government
Proposed Public Use: Water Pipeline
Area to be Acquired: 0.51± acre Non - Exclusive Access Road Easement
Area of Remainder: 20.8± acres
Market Value of Required Property:
APN # 073 -281 -004, 006 and 007
COA- 432
Unit A: Non - Exclusive Permanent Access Road Easement
0.50± acre @ $1,700 /ac x 30% _
Unit B: Non - Exclusive Permanent Access Road Easement
0.01± acre @ $1,700 /ac x 30% _
Total
Rounded To
$255.00
5.00
$260.00
$500.60
The market value of the property rights being purchased is based upon a market value
appraisal prepared in accordance with accepted appraisal procedures. Valuation of your
property is based upon an analysis of recent sales of similar property in this locality.
Valuation of the land recognizes all factors influencing its current value.
Damages to the Remaining Property Due to the State's Acquisition and
Construction are: -0-
Total Payment is: $500.00
This summary of the amount offered as compensation is presented in compliance with federal
and State law and has been derived from a formal appraisal. The value of any property rights
retained by the owner which are not now reflected in the appraisal must be deducted from the
market value shown above.
RESOLUTION NO. 8440 (1995 Series)
PERMANENT PIPELINE AND ACCESS ROAD EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT AT THE
POLICE FIRING RANGE FOR THE STATE WATER PROJECT
WHEREAS, the Department of Water Resources is constructing the Coastal Branch of
the State Water Project to delivery water to agencies in San Luis Obispo and Santa Barbara
Counties, and
WHEREAS, the pipeline alignment has been modified to minimize construction problems
and environmental impacts, and
WHEREAS, the Department of Water Resources has requested a permanent pipeline and
access road easement across a portion of City owned property currently used for the Police
Firing Range, and
WHEREAS, the Department of Water Resources has requested a temporary construction
easement adjacent to the requested permanent easement, and
WHEREAS, the Department of Water Resources has offered the City the sum of $500
for the easements based on an appraisal of the property, and
WHEREAS, the site will be restored and revegetated following construction activities,
and
WHEREAS, the City Council has reviewed and considered the supplement to the final
t
environmental impact report for the State Water Project which has been certified by the lead
agency for the project (Department of Water Resources), and
WHEREAS, the easements will not impact the City's existing uses at the property.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis
Obispo does hereby grant the requested easements, as more fully described in attachment A, and
authorizes the Mayor to execute the necessary documents relative to the easements.
R -8440
9
rte,. •
Resolution No. 84441995 Series)
Upon motion of Rompro seconded by Williams
and on the following roll call vote:
AYES: Council Members Romero, Williams and Smith
NOES: Council Member Roalman and Mayor Settle
ABSENT: None
the foregoing resolution was adopted this 5th day of July , 1995.
ATTEST:
i e Gladwell, City Jerk
APPROVED:
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
DEPARTMENT OF WATER RESOURCES
Division of Land and Right of Way
Real Estate Branch
1416 9th Street, Room 431
Sacramento, California 95814
EXCLUSIVE EASEMENT
(CORPORATION TO THE STATE)
C�
SPACE ABOVE THIS LINE FOR RECORDER'S USE -
Project COASTAL AQUEDUCT
Parcel No. COA -430
S -9A -84
CITY OF SAN LUIS OBISPO, A BODY CORPORATE POLITIC
a corporation, organized and existing under the laws of the State of California
hereinafter called GRANTOR, GRANTS to the State of California, its successors and assigns, hereinafter called STATE,
an exclusive easement and right of way for State Water Project purposes over, on, under, across, and above the parcel(s)
of land in the City of , County of San Luis Obispo
State of California, identified in the records of the Department of Water Resources as:
DWR Parcel No.
COA -430 Unit A
COA -430 Unit B
described as follows:
Area Estate
0.18 acre Permanent Exclusive Pipeline and
Access Road Easement
0.34 acre Temporary Exclusive Construction
Easement
(In the event of any discrepancy between the above identification and the real property described herein, the real
property described will control.)
Including, but not limited to, the right to:
DWR 554A -CP (9/29/92) Page 1
dint n i tooS
C U Attachment A
1. Construct, lay, operate, patrol, maintain, and from time to time at any
time reconstruct, modify, alter, enlarge, add to, relay, remove, and
replace one or more pipelines for transportation of water, with all
fixtures, communications, data, or control facilities, and any other
devices STATE may wish to construct or permit to be constructed, as well
as incidents and appurtenances used or useful in operation of said
pipeline, pipelines, and /or devices, and any other State Water Project
uses necessary or useful
2. STATE is further granted the right to discharge water into any and all
streams or natural channels traversed by said pipeline or pipelines and
the right of ingress to, egress from, and along the easement herein
granted, over and across drives and roadways which now exist or which
may hereafter be constructed and the use of which is reasonable to
accomplish STATE's purposes.
3. STATE is further granted the right to drill wells for a water supply
during construction of the State Water Project. These wells may also be
used for revegetation and restoration of the construction area.
GRANTORS shall not, subsequent to this grant of easement, grant any
easements of any kind whatsoever to others over the following described
parcel(s) without prior approval of STATE.
There is expressly reserved to GRANTORS, their successors or assigns,
the right to use and enjoy the parcel(s) provided that no use of said
parcel(s) shall be made that is inconsistent with the rights herein granted.
Inconsistent uses include, but are not limited to:
(1) The erection or construction of buildings or other structures;
(2) Construction of roadways, utility crossings, and surface
improvements not authorized by STATE;
(3) The drilling, exploring, operation of mines or wells in or
through the upper 300 feet of the subsurface;
(4) The use of explosives;
(5) Planting of tree's or vineyards;
(6) Cross fencing without access gates or the denial of access
through gates;
(7) Altering the ground surface elevation by more than one foot
without authorization by STATE;
(8) Installation of .solid property or field dividers;
(9) Encroachments of any kind not authorized by STATE;
Said parcel(s) described as follows:
DWR 554 -CP2B (1/13/94)
JUN 0 1 1995
Page 2
COA -430
All those portions of the Northeast quarter of Section 25, Township
30 South, Range 12 East, Mount Diablo Meridian, County of San Luis Obispo,
State of California, according to the Official Plat of the Survey of said
lands approved by the Surveyor General on November.30, 1867, described as
follows:
All those portions of that.certain parcel of land as described in
Section VII of that certain deed to the City of San Luis Obispo, recorded
December 6, 1910, in Book 87 of Deeds, Page 191, records of said County,
described as follows:
UNIT A
A perpetual exclusive easement and right of way to construct, lay, .
operate, maintain, and from time to time at any time reconstruct, modify,
alter, enlarge, add to, relay, remove, and replace one or more pipelines for
transportation of water, and all fixtures, devices, incidents and
appurtenances used or useful in operation of said pipeline or pipelines
together with an exclusive access and service road'easement over, through,
under, and across that portion of said City of San Luis Obispo parcel bounded
and described as follows:
BEGINNING at.the most Northerly corner of said City of San Luis
Obispo parcel, from which a found 1 -1/2 -inch iron pipe with wood plug and
nail, accepted as the Northeast corner of said Section 25, bears North
836 53' 28" East 1422.12 feet distant. Said 1 -1/2 inch iron pipe bears South
010 46' '54" West 5342.50 feet from a found 3 -1/2 inch San Luis Obispo County
brass cap monument stamped' "No. 60 R.. C.E. 1880 ", accepted as marking the
Northeast corner of Section 24, Township 30 South, Range 12 East, Mount Diablo
Meridian.
THENCE FROM SAID POINT OF BEGINNING, along the exterior boundary of said City
of San Luis Obispo parcel the following 2 courses:
(1) South 560 06' 25" East 98.99 feet; and
(2) South 340 08' 35" West 58.69 feet to a point hereinafter referred to
as Point "A ";
thence leaving said exterior boundary, North 820 57' 16" West 88.60 feet;
thence North 070 02' 44" East 43.63 feet to the Northwesterly line of said
City of San Luis Obispo parcel;
thence along said Northwesterly line North 330 23' 35" East 59.50 feet to the
Point of Beginning.
Containing 0.18 acre, more or less.
UNIT B
A temporary exclusive easement and right of way for the purpose of
moving and /or maneuvering construction equipment and vehicles; the temporary
storage of pipe, equipment, and materials necessary for laying a pipeline,
together with the equipment used in the digging of trenches and other
earthwork pertinent to said pipeline; the temporary storage of spoil or
excavated material during the period of the laying, relaying, installing, and
removing of said pipeline and related construction work, and any other
operations necessary and appurtenant to the construction of said pipeline,
over, through, and across that portion of said City of San Luis Obispo
bounded and described as follows:
BEGINNING at the hereinabove designated Point "A ";
thence along the Southeasterly line of said City of San Luis Obispo parcel
South 34° 68' 35" West 168.50 feet;
thence leaving said Southeasterly line North 82° 57' 16" West 61.25 feet;
Page 3
JUN 0 1 1995
0
thence North 07" 02' 44" East .92.68 feet to the Northwesterly line of said
City of San Luis Obispo parcel;
thence along said Northwesterly line North 330 23' 35" East 112.66 feet to the
Southwesterly line of the hereinabove described UNIT A;
thence along said Southwesterly line South 070 02' 44" West 43.63 feet;
thence continuing along said Southwesterly line South 820 57' 16" East 88.00
feet to the Point of Beginning.
Containing 0.34 acre, more or less.
Bearings and distances used in the above description are based on
the California Coordinate System, Zone V, 1927.
Page 4
JUN 0 1 1995
P.
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No. 5684
Exp. 9 -30-95
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8439
RESOLUTION NO. (1995 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AUTHORIZING FUNDING TO TWENTY -NINE AGENCIES
IN THE AMOUNT OF $78,000 FOR FISCAL YEAR 1995 -96
THROUGH THE PROMOTIONAL COORDINATING COMMITTEE
WHEREAS, in the past, the City of San Luis Obispo has authorized and distributed
Grants -In -Aid funding to community organizations which provide economic, cultural, and
recreational services to residents and visitors; and
WHEREAS, funding for the Grants -In -Aid program has been included in the 1995 -97
Financial Plan for the City of San Luis Obispo.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That certain organizations attached hereto and marked Exhibit "A" shall
be provided funding as is designated in the same attachment.
SECTION 2. The staff is directed to prepare a contract for each agency identified in
Exhibit "A" and the City Administrative Officer is authorized to execute such contracts.
Upon motion of Council Member Williamteconded by Vice Mayor Romero
on the following roll call vote:
AYES: Council Members Williams, Romero, Roalman and Mayor Settle
NOES: None
ABSENT: Council Member Smith
and
R -8439
Page 2 - Resolution (1995 Series)
the foregoing resolution was passed and adopted this 5th da4LEN S of July. , 1993
TTLE, MAYOR
ATTEST:
i
U r/ate
. r
APPROVED AS TO FORM AND CONTENT:
IN
1995 -96 GRANTS —IN —AID
Exhibit A
San Luis Obispo Art Assn. (SLO Art Center)
4,000
Artemis, A Theatre Co.
2,500
ARTematives
2;000
Friends of San Luis Obispo Botanical Garden
2,200
Business Improvement Association
4,500
Cal Poly Foundation for Cal Poly Arts
2,000
Centerpointe Theatre Group
2,000
Children's Creative Project
3,000
Civic Ballet of San Luis Obispo
2,500
San Luis Obispo Community Concerts Assn.
2,000
San Luis Obispo County Arts Council
2,200
San Luis Obispo County Band
1,800
San Luis Obispo County Symphony
4,000
San Luis Obispo County Youth Symphony
2,000
Cuesta College Art Gallery
2,100
Foundation for the Performing Arts
2,150
Friendships Through Dance
1,000
Gilbert Reed Ballet
1,000
San Luis Obispo International Film Festival
4,850
La Fiesta de San Luis Obispo
5,000
San Luis Obispo Little Theatre
4,000
Mission Plaza Cultural Coalition
1,200
San Luis Obispo Mozart Festival
6,000
Music and the Arts for Youth
2,000
Mystic Krewe of Kamival
5,000
Pacific Repertory Opera
2,000
San Luis Obispo Poetry/Fest/Literacy Council
1,000
San Luis Obispo Soccer Club
2,000
San Luis Obispo Vocal Arts Ensemble
2,000
Reserve
2,400
Total
$80,400
Vi
v
RESOLUTION NO. 8438 (1995 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING FUNDING TO THIRTY AGENCIES IN THE AMOUNT
OF $84,700 FOR FISCAL YEAR 1995 -96 THROUGH THE
HUMAN RELATIONS COMMISSION
WHEREAS, the City of San Luis Obispo supports non - profit agencies which
provide human and social services to the residents of the City of San Luis Obispo
through its annual Grants -In -Aid process; and
WHEREAS, funding for the Human Relations Commission Grants -In -Aid
program has been included in the 1995 -97 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 Council Member Roalman , seconded by vice Mayor Romero
and on the following roll call vote:
AYES: Council Members Roalman, Romero, Williams, and Mayor Settle
NOES: None
ABSENT: Council Member Smith
R -8438
Resolution No.
Page 2
the foregoing resolution was passed and adopted this 5th day of July
1995.
ATTEST:
,
�11 / �
r ..
APPROVED AS TO FORM AND CONTENT:
` a Jeff Jo gensen, City Attorney
nac- cAafiES
MAYOR ALLEN
HUMAN RELATIONS COMMISSION
GRANTS -IN -AID FUNDING BY AGENCY
MIBIT "A"
TOTAL
CIA2:GIAlECAP
$84,700 $166,417 $84,700 $165,043 $84,700
ADOPTED
REQUESTED
ADOPTED
REQUESTED
RECOMMENDED
AGENCY
1993 -94
1994 -95
1994 -95
1995 -96
1995 -96
Ad Care Association
$ 2,000
$ 2,000
$ 2,000
$ ,2,500
$ 2,000
Aids Support Network
1,000
6,500
1,200
4,500
1,800
ALPHA
1,000
2,500
1,000
2,500
1,000
American Red Cross
4,200
8,000
4,200
8,000
4,200
Big BrothersBig Sisters
-0-
1,000
500
-0-
-0-
Camp Fire Council
1,000
3,000
1,000
3,814
1,000
Caring Callers
450
750
450
1,000
450
Casa Solana
5,000
10,000
5,000
7,000
5,000
Child Development Center
7,500
9,000
7,500
9,000
7,500
Easter Seals
1,500
3,500
1,500
3,500
1,500
EOC Child Care Connection
1,000
4,000
1,000
-0-
-0-
EOC Family Planning
3,000
3,000
3,000
3,000
3,000
EOC Senior Health Screening
2,700
2,844
2,800
3,000
2,800
Family Services Center
4,000
6,000
4,000
6,000
4,000
Food Bank Coalition
1,000
2,500
1,000
-0-
-0-
Grass Roots II
3,000
8,945
3,100
8,183
3,500
Hospice
4,200
8,000
4,200
8,000
4,200
Hotline
3,100
5,000
3,200
5,000
3,300
Life Steps
1,000
4,000
1,000
3,400
1,000
Literacy Council
1,500
6,000
1,500
6,000
1,700
Long Term Care Ombudsman
1,200
1,750
1,200
3,000
1,400
Mental Health Association
-0-
5,000
5,000
4,600
4,600
Middle House
3,100
10,000
3,200
10,000
3,500
Poly Pals
500
750
500
750
500
Rape Crisis
5,500
8,300
5,500
6,500
51800
RSVP
600
800
500
1,000
500
Salvation Army
12,000
25,000
8,000
30,000
8000
Senior Nutrition Program
-0-
2,858
1,000
3,255
1,000
Senior Peer Counseling
1,650
1,650
1,650
.2,000
1,700
SLO Legal Alternative
-0-
1,020
500
2,850
500
United Cerebal Palsy
-0-
-0-
-0-
3,941
500
Voices for Children
500
750
500
750
750
Women's Shelter
8,000
12,000
.8,000
12,000
8,000
TOTAL
CIA2:GIAlECAP
$84,700 $166,417 $84,700 $165,043 $84,700
_ � u
1 � .��� _
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L
8437
RESOLUTION NO. (1995 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE LEASE AGREEMENT BETWEEN THE COOPERATIVE PARENT
PRESCHOOL PROVIDER AND THE CITY OF SAN LUIS OBISPO AS SET FORTH IN
ATTACHMENT #2.
WHEREAS, the Parks and Recreation Department wishes to expand the availability of
preschool age child care programs, and
WHEREAS, the most cost effective method of offering the service is the rental of the Little.
Rec'ers Room at the Santa Rosa Street Recreation Center to a qualified, non - profit child
care provider, and
WHEREAS, after reviewing the qualifications of several potential child care providers,
Janet Murphy and Vicki Phillips, were found to be the most qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO AS FOLLOWS:
The City Council hereby approves the lease agreement attached, as Attachment
#2; and
2. The City Council hereby authorizes the Mayor to sign the lease agreement on
behalf of the City of San Luis Obispo.
R -8437
Resolution No. 8437 (1995 Series)
Upon motion of Council Member Smith seconded by Council Member Williams
and on the following roll call vote:
AYES: Council Members Smith, Williams, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 5th day of July , 1995.
Allen K. Settle'
ATTEST:
�/��.�1�. I
.r -+V
APROVED AS TO FORM:
SRI
NO
A- 11 -95 -CC
0
LEASE - SANTA ROSA RECREATION CENTER - PRESCHOOL
(This lease has not yet been executed pending applicant's licensing; per Pam Dayton to Kim
Condon on 7/21/95.)
RESOLUTION NO. 8436 (1995 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS
AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL
ACCOUNTS AS LIENS AGAINST THE PROPERTIES
WHEREAS, Section 8.40.070 of the San Luis Obispo Municipal Code establishes that all
developed properties in the City must use the solid waste collection and disposal service
provided by the City's franchisee, that the franchisee is responsible for collecting fees for the
service, and that owners of developed properties are responsible for paying for the service; and
WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which,
once each year, the franchisee may take actions to collect fees from the owners of developed
properties involved in delinquent solid waste collection and disposal accounts; and
WHEREAS, The franchisee, San Luis Garbage Company, has taken the actions required
within the Municipal Code to collect fees from delinquent accounts as certified by franchisee and
incorporated herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo
hereby authorizes the San Luis Obispo County Assessor to assess the amounts due on delinquent
accounts as established and certified by the franchisee San Luis Garbage Company as liens
against the developed properties listed below.
PROPERTY OWNER
PARCEL NUMBER
AMOUNT
William Bradley
052 -536 -002
$61.00
Rena Upton
003 -556 -0006
$316.00
Thomas Gene
052- 175 -010
$149.00
John Ragalla
004-622 -012
$161.00
Brendan McAdams
053 -087 -005
$99.00
Richard Quinney
053- 115 -059
$113.00
David Quintel
001 -012 -023
$103.00
Moody Skene
003 - 687 -071
$103.00
Ricardo Banez
003- 724 -009
$198.00
Richard Brovelli
003- 646 -015
$79.00
Richard Brovelli
003 -046 -016
$103.00
Jeffrey Morton
053 -085 -049
$242.00
Complete Development
002 - 412 -002
$127.00
R -8436
Resolution - Liens on Delinquent Solid Waste Accounts
Page 2
PROPERTY OWNER
PARCEL NUMBER
AMOUNT
Phillip Peterson
003- 531 -006
$103.00
Peter Harris
052- 451 -020
$188.00
James McGraw
052- 293 -006
$62.00
Upon motion of Vice Mayor Romero seconded by Council Member Smith and
on the following roll call vote:
AYES: Council Members Romero, Smith, Roalman, Williams, and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 5th day of July 1995
Mayor, Allen Settle
ATTEST:
i Clerk Diane WGladwell
APPROVED:
L� �
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��
,SOLUTION NO. 8435 (1995 SEk. -S)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING CONTRACT OF EMPLOYMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND DEBORAH J. HOLLEY, BIA ADMINISTRATOR, FOR THE
PERIOD JULY 10, 1995 THROUGH JULY 10, 1996
BE rr 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
DEBORAH J. HOLLEY as BIA Administrator for the period July 10, 1995 through July 10, 1996,
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 Council Member , seconded by Council Member Smith
Williams
and on the following roll call vote:
AYES: Council Members Williams, Smith, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5 th- day of July , 1995.
MAYOR Allen K. Settle
ATTEST:
CLERK Diane Gladwell
APPROVED AS TO FORM AND CONTENT:
/ e cn �
CON17Acr MA -CONr
R -8435
CONTRACT OF. EMPLOYMENT
THIS CONTRACT is entered into this 5th day of July, 1995, by and between the CITY
OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and DEBORAH
J. HOLLEY, a contract employee (hereinafter referred to as "Employee ").
WITNESSES:
WHEREAS, the City of San Luis Obispo has a need for a Business Improvement
Administer; 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. Employment. 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. Scope 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 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 48 hours per year of administrative leave in lieu of overtime compensation, in recognition of
the fact that the employL..: -is exempt from overtime compensative, consideration and that the
employee's schedule may require work beyond 40 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 the current reimbursable rate for City of San Luis Obispo
employees for use of her private automobile for official business but not including any mileage
attributable to normal commuting by Employee to and from her office.
Employee understands and agrees that her term of employment is governed only by this
Contract; that no right of tenure is created hereby, and that she does not hold a position in any
department or office of the City.
4. Warranty of Employee. Employee warrants that she is properly certified and licensed
under the laws and regulations of the State of California to provide the services herein agreed
to.
S. Compensation. City shall pay to Employee as compensation in full for all services
performed by Employee pursuant to the Contract, the sum of $2,708 per month ($32,500 per
year), said compensation to be paid in accordance with normal City procedures.
6. Term of Contract. This Contract shall commence on July 10, 1995 through July 10,
1996, 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.
n �
8. Termination `oi- Contract for Cause. If Employee fau3 -to perform her 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 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 her
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, delegation, 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. Covenan t. T,..s Contract has been executed and delivc_ d 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 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 Intere st. The employee shall not participate in any decision related to
this Contract which affects her personal interest or the interest of any corporation, partnership,
or association in which she 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 `tawreby.
IN WITNESS WHEREOF, City and Employee have executed this Contract on the day
and year first heremabove set forth.
ATTEST:
APPROVED AS TO FORM
mey
Camnct:M -COM'
CITY OF SAN LUIS OBISPO
BY'
Mayor Allen K. Settle
EMPLOYEE:
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RESOLUTION NO. 8434 (1995 SERIFS)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING PROGRAM SUPPLEMENT NO. 014 TO THE LOCAL AGENCY -
STATE AGREEMENT FOR FEDERAIrAID PROJECTS
NO. 05 -5016 FOR THE BRIDGE REPLACEMENT PROJECT
SANTA ROSA STREET AT SAN LUIS OBISPO CREEK
SPECIFICATION NO. 93 -44
WHEREAS, the City and the State have entered into Master Agreement No. 05 -5016
for Federal -Aid Projects; and
WHEREAS, Program Supplement No. 014 to the Master Agreement designates the
Federal Funds requested and the matching funds to be provided by the City for Preliminary
Engineering for the Bridge Replacement Project, Santa Rosa Street at San Luis Obispo Creek;
WHEREAS, the City is eligible to receive Federal Bridge Replacement and
Rehabilitation Funds (HBRR) for this project;
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Luis
Obispo, California hereby:
1. Approves Exhibit A attached, entitled "Program Supplement No. 014 to Local Agency -
State Agreement for Federal -Aid Projects No. 05- 5016," and the Mayor is authorized
to execute the same.
2. Directs the City Clerk to transmit the two (2) originals, attaching to each a copy of the
authorizing resolution to:
W. F. Tyler
Local Assistance Engineer
California Department of Transportation
P.O. Box 8114
San Luis Obispo, CA 93403 -8114
u_Q/. 1A
Resolution No. 8434 (1995 Series)
Page Two.
Upon motion of Vice Mayor Romero ,seconded by Council Member
Smtih
and on the following roll call vote:
AYES: Council Members Romero, Smith, Roalman, Williams and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 5th day of July , 1995.
MAYVK
ALLEN SETTLE
ATTEST:
DIANE GLADWELL
APPROVED AS TO FORM:
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PROGRAM SUPPLEMENT -wO1. 014 Location: 05- SLOj -SLO yll�
to � J Project F Ser: BRLN- 5016(002)
LOCAL AGENCY-STATE-!AGREEMENT I I E.A. ,90 -- 140984
FOR FEDERAL -AID PROJECTS NO. 05 -5016 03
This Program Supplement is hereby incorporated into the Local Agency -State
Agreement for Federal Aid which was entered into between the Local Agency
and the State on 06/22/78 and is , subject to all the terms and conditions
thereof. This Program Supplement is adopted in accordance with Paragraph 2
of.Article II of the aforementioned Master Agreement under authority of
Resolution No. approved by the Local Agency on
(See copy attached).
The Local Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
Santa Rosa St @ San Luis Obispo Cr. Br. f49C -368
TYPE OF WORK: Replace Bridge and Approaches. LENGTH: 0.1 (MILES)
ROJECT CLASSIFICATION OR PHASE(S) OF WORK
[X] Preliminary Engineering ( ] Right -of -Way [ ]
[ ] Construction Engineering [ ] Construction
Estimated Cost Federal Funds Matching Funds
$ 350001118 $
CITY OF SAN LUIS OBISPO
By
Mayor Allen Settle
Local OTHER OTHER
28000 $ 70001$ 0 $
0
Date July 6, 1995
Attest 0
Title iane R. Gladwe , City Clerk
I hereby Certify upon my
Accounting Off
STATE OF CALIFORNIA
Department of Transportation
i
DISTRICT LOCAL
STREET AND ROADS ENGINEER
Date
:het budgeted funds are available for this uu eric trance:
Date 1 eZ 3 FS
$ 28000.00
Chapter Statutes I Item T Program 1BC1 Fund Source AMOUNT
139 1994 2660- 101 -890 94-95 20.30.010.300 C 224060 892 -F 28000.00
— -- - - - — Page -1 of -2
0
05- SLO - -SLO DATE: 01/23/95
BRLN- 5016(002)
SPECIAL COVENANTS OR REMARKS
1. The Local Agency will advertise, award, and administer this
project and will obtain the State's.concurrence prior to either
award or rejection of the contract.
2. The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal -Aid Project Agreement (PR -2) /Detail
Estimate, or its modification (PR -2A) or the FNM -76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or its modification as prepared by the Division of
Local Streets and Roads.
3. This- Program Supplement will be revised at a later date to
include other phases of work.
4. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal -Aid Program.
5. Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover- -
ina the allowability of cost payments for each individual consul-
tant or sub - contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs..
Page 2 of 2
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RESOLUTION NO. 8433 (1995 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING A MASTER FEE SCHEDULE FOR CITY SERVICES
WHEREAS, the City's municipal code authorizes establishing various fees for the
delivery of municipal services; and
WHEREAS, the cost of providing a broad range of City services has been
comprehensively reviewed by David M. Griffith and Associates (DMG) in their report dated
March 1995; and
WHEREAS, the fees for public safety, development review, parks and recreation,
utilities and other City services as set forth in Exhibit 1 are consistent with the user fee cost
recovery policies established in the 1995 -97 Financial Plan; and
WHEREAS, the Council held a noticed public hearing concerning these proposed fees
on June 6, 13 and 20, 1995;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that:
SECTION 1. The master fee schedule for City services provided in Exhibit 1 attached
hereto is hereby adopted effective August 28, 1995.
SECTION 2. Consistent with adopted cost recovery policies, all City fees will be
reviewed and updated on an ongoing basis. Accordingly, the fees set forth in Exhibit 1 will
be adjusted annually on July 1 of each year by the annual percentage change in the U.S.
Bureau of Labor Statistics (or successor agency) consumer price index for all urban consumers
(CPI -U) all- cities average for the prior calendar year; and a comprehensive analysis of City
fees similar to that prepared by DMG in March of 1995 should be made at least every five
years.
SECTION 3. To ensure cost recovery for services not specifically referenced in Exhibit
1 for supplemental or additional services as may be required, charges will be based on actual
labor, material, equipment, and indirect costs. In determining. labor costs, hourly .billing rates
will be established by the Director of Finance which appropriately reflect salary; benefit, and
overhead costs. In determining equipment usage costs, the equipment rental schedule
developed by the California Department of Transportation (CALTRANS) or similar
authoritative source for equipment costs will be used. For services provided by the City
through private contract not specifically set forth in Exhibit 1, the contract price plus 10% for
City contract administration will be used in establishing the service charge.
SECTION 4. If any charge set forth in this resolution or the application thereof to any
person or circumstance is held to be invalid, such invalidity will not affect any other charge
or application thereof, and to this end the charges established in this Resolution are declared
to be severable.
R -8433
Resolution No. 8433
Page 2
SECTION 5. Refunds of any portion of fees for withdrawn or partially completed
services shall be determined by the appropriate Department Head based on her or his appraisal
of the cost of the staff work already performed:
On motion of Council Member Roalma5econded by Mayor Settle
and on the following roll call vote:
AYES: Council Member..Roalman, Mayor Settle & Council Members Romoer.& Williams
NOES: Council Member Smith
ABSENT: None
the foregoing Resolution was passed and adopted this 20th day of
G .
APPROVED:
A..�
Attorney
GAFEESI
1.995.
I
Exhibit 1
City of San Luis Obispo
June 20, 1995
POLICE SERVICES FEE SCHEDULE.
Charges for reproduction of certain documents and/or reports,
including those specified in the California Vehicle Coder
a Minimum charge (includes first four pages) $9.90
o Each page thereafter $1.00
2. Departmental fingerprint service charges:
(Plus any mandated State or Federal fees)
a Per card $11.35 /card
3. Charges for information as required by Government code section 6254(f)(i) and (2):
a Forms completion $14.50
a Archival searches - per hour (1 hour minimum) As determined by the
(Includes computer searches) Director of Finance
4. Handling charges for return of reproduced document and materials:
a Less than 4 ounces $2.55
o More than 4 ounces $5.10
5. Processing charge for return of property taken for safekeeping:
o Processing & maintenance fee $16.00
6. Clearance letters: $9.00
7. Duplication of photographs:
a In -house duplication costs plus processing fee (first sheet) $21.00
(proof sheet) $21.00
a Duplication costs (contractor) plus fee $8.00
8. Concealed weapons permits:
o F.P.S. processing $1135 /card
a Investigative costs and permit processing $191.00
9. Massage license processing /investigation:
o F.P.S. processing $1135 /card
o Investigative costs and permit processing $117.00
o Renewal $22.00
10. Massage Technician license processing /investigation:
a F.P.S. processing $11.35 /card
a Investigative costs and permit processing $45.00
a Renewal $22.00
11. Miscellaneous charges:
a Local record information (13322 P.C.) $24.00
a Impound vehicle releases $103.00
13 Stored vehicle releases $ 0.00
C o
a Record sealings (851.8 P.C.) $113.00
o Administrative Investigations (per hour 1 hour minimum) As determined by the
Director of Finance
12. Solicitor permits:
v Initial investigations $29.00
a Follow -up required (per hour 1 hour minimum) As determined by the
Director of Finance
13. Adult entertainment permit:
(per 5.40.050 SLOMC)
o Investigative costs/Inspection/Permit Processing $178.00
14. Cost recovery programs:
A. DUI cost recovery:
o Officer costs - per hour As determined by the
o Vehicle costs Director of Finance
B. Nuisance abatement (per 9.25.150 SLOMC) (Actual Costs):
o Officer costs - per hour Asdeterminedbythe
o Unit costs Director of Finance
o Plus Administrative costs
C. Alarm permits (per 15.12.060 SLOMC):
o Permit $31.00
o Renewal $31.00
o Excessive alarms 4th - $33.00
5th - $66.00
All others - $130.00
D. Second response cost recovery :
(per 9.21.030-050 SLOMC)
o Officer costs - per hour As determined by the
v Vehicle costs Finance Director
E. Taxi permit:
(per 5.20.010/5.20.210 SLOMC)
o FPS processing $11.35 /card
o Permit fee $45.00
c Plus any state mandated fees
F. Electronic game center permit:
(per 5.52.020 SLOMC)
o Investigative costs/Inspection/Permit Processing /Renewal $95.00
G. Public Dance Permit
(per 5.64.010 SLOMC)
o Permit Processing $35.00
** Does not include any mandated state /federal fees, unless otherwise noted.
FIRE SERVICES FEE SCHEDULE
UNDERGROUND STORAGE TANK FEE SCHEDULE
Initial Inspection/Administration Fee $270.00
Annual Permit Renewal
Additional Tank Fee $ 86.55
Owner /Operator Transfer Fee $ 45.80
Plan-Check Fee $ 71.25
New Installation Permit - Field Review $107.00
Plan submittal required for permit;
includes a minimun of .3 site visits
per tank. Additional site visits subject
to additional fee.
Tank Removal Permit $ 71.25
Plan submittal required for permit;
includeds a minimum of 2 site visits
per tank. Addition site visits subject
to additional fee.
Phase H Vapor Recovery Modification $ 71.25
Excavation Above or Near Flammable Liquids
Pipeline $ 71.25
Monitoring Well - Drilling Permit Contact County
Plan submittal required. Health Department
State Surcharge Permit Fee $ 56.00 (per tank)
(Fee set by State)
Additional Site Inspection Fee As determined by the Director of Finance
(Per hour - one hour minimum
r i
HAZARDOUS OCCUPANCY PERMIT FEE SCHEDULE
(Renewable Annually)
1.
Aircraft Refueling Vehicles
$ 71.25
2.
Aircraft Repair Hangar
71.25
3.
Automobile Wrecking Yard
71.25
4.
Bonfire or Rubbish Fires
71.25
5.
Bowling Pin or Alley Refinishing
71.25
6.
Burning in Public Place
71.25
7.
Candles or Open - Flames in Assembly Areas
71.25
8.
Cellulose Nitrate Storage (handle /store over 100 cubic ft.)
71.25
9.
Combustible Fiber Storage (handle /store over 100 cubic ft.)
71.25
10.
Compressed Gases:
A) Non - flammable: More than 6,000 cubic feet
71.25
B) Flammable: More than 200 cubic feet
71.25
11.
Cyrogens:
A) Inside Building
1) Flammable - over 1 gallon
71.25
2) Oxidizer (includes oxygen) over 50 gallons
71.25
3) Corrosive or Highly Toxic - over 1 gallon
71.25
4) Non - Flammable - over 60 gallons
71.25
B) Outside Building
1) Flammable - over 60 gallons
71.25
2) Oxidizer (includes oxygen)
71.25
3) Corrosive or Highly Toxic - over 1 gallon
71.25
4) Non - flammable - over 500 gallons
71.25
12.
Dry Cleaning Plant
71.25
A) Using Flammable Liquids
71.25
B) Using Non - flammable Liquids
71.25
13.
Dust Producing Operation
71.25
14.
Explosives or Blasting Agents
71.25
A) Engine Standby
188.35 hr
15.
Fireworks
71.25
16.
Flammable /Combustible Liquid Pipeline Operation/Excavation
71.25
17.
Flammable or Combustible Liquids
A) Inside - Class I (over 5 gallons)
71.25
Class H & III (over 25 .gallons)
71.25
B) Outside - Class I (over 10 gallons)
71.25
Class II & III (over 60 gallons)
71.25
18.
Fruit Repening - Ethylene Gas Process
71.25
19.
Fumigation or Thermal Insecticidal Fogging
71.25
20.
Garages - Repair
71.25
PERMIT FEE SCHEDULE - continued
21. Hazardous Chemicals:
A) Cyrogenics (any amount)
$ 71.25
B) Highly Toxic Materials (any amount)
71.25
C) Hypergolic Materials (any amount)
71.25
D) Organic Peroxides (over 10 lbs.)
71.25
E) Poison Gas (any amount)
71.25
F) Pyrophoric Materials (any amount)
71.25
G) Any combination of amounts stated above
183.25
H) Hazardous Materials Business Plan .(fee includes
any hazardous materials fees)
See Table I
22.
Highly Toxic Pesticides (storage of any amount)
71.25
23.
High -Piled Combustible Stock - exceeding 2,500 sq. ft.
71.25
24,
Junk Yards
71.25
25;
Liquified Petroleum Gas
A) Containers more than 119 gallons water capacity
71.25
B) Tank Vehicles for Transportation of LP Gas
71.25
26.
Lumberyard - Storage in excess of 100,000 board feet
71.25
27.
Magnesium Working - Process more than 10 lbs daily
71.25
28.
Mall (covered)
A) Place or construct temporary kiosk, display booths,
concession equipment or the like, in the mall
71.25
B) Use the mall as a place of assembly
71.25
C) Use open -flames or flame - producing device
71.25
D) Display any liquid or gas - fueled power equipment
71.25
E) Use liquified petroleum gas, liquified natural gas
and compressed flammable gas in a mall
71.25
29.
Matches - Manufacture /Store in excess of 60 matchman gross
(14,004 each gross)
71.25
30.
Nitrate Film - Store, handle, use or display
71.25
31.
Oil and Natural Gas Wells (drill, own/operate or maintain)
71.25
32.
Open Flame Devices in Marines
A) Use open -flame devices for maintenance or repair
of boats, slips or wharfs
71.25
B) Use a portable barbecue, brazier or working device
on any boat, slip or wharf
71.25
33.
Organic Coatings - manufacture over 1 gallon a day
71.25
34.
Ovens - Industrial, Baking and Drying
71.25
35.
Places of Assembly
71.25
36.
Radioactive. Material (store or handle - see UFC for amounts)
71.25
37.
Refrigeration Equipment - Mechanical refrigeration (see UFC
for most common refrigerants)
71.25
38.
Spraying or Dipping
71.25
39.
Tank Vehicles for Transportation of Flammable and Combustible
Liquids
-71.25
40.
Tents and Air - supported Structures - excess of 200 sq. ft.
71.25
PERMIT FEE SCHEDULE - continued
N
41. Tire Re- capping
$ 71.25
42. Underground Storage Tanks
Category
A)
Facility Inspection /administration fee - 1 tank
270.00
B)
Additional Tank Fee
86.55
C)
Transfer Fee (owner)
45.80
D)
Plan-Check Fee (new facility)
71.25
E)
Site Inspection/test fee (new facilities)
107.00
F)
Tank Removal Permit (plan submittal required)
71.25
G)
Monitoring Well Drilling (obtain from County Health
N/A
200 -1000
Department)
5001 & up
H)
Phase II Vapor Recovery
71.25
1)
Excavation, Flammable- liquid pipeline
71.25
J)
Additional Site Inspection Fee
40.70 hr
43. Waste Material Plant
71.25
44. Welding and Cutting Operations - Any Occupancy
71.25
NOTE:
Any combination of the above permits shall not exceed $183.25 except for permits
requiring apparatus and personnel stand -by time, permits for underground hazardous
material storage and permits for Business Release Response Plans and Inventory.
HAZARDOUS MATERIALS BUSINESS PLAN FEE SCHEDULE
Table 1
QUANTITY
1- 5 CHEMICALS
6 OR MORE CHEMICALS
Category
1
2
3
4
5
6
SOLID -
Pounds
500 -1000
1001 -5000
5001 & up
500 -1000
1001 -5000
5001 & up
LIQUID -
Gallons
55 -1000
1001 - 10,000
10,001 & up
55 -1000
1001 - 10,000
10,001 & up
GAS - Cubic
Ft.
200 -1000
1001 -5000
5001 & up
500 -1000
1001 -5000
5001 & up
Fees
$122.15
$254.50
$356.30
$183.25
$305.40
$356.30
i
FALSE ALARM FEES
False alarms from an alarm system which are excessive as described in this section shall be
grounds for suspension or revocation of the alarm users permit. In each case, the responsible
department shall conduct an investigation and keep accurate records as to the cause of the alarm.
False fire alarms shall be considered excessive when they meet or exceed the following
number:
a. Two false alarms in any thirty-day period;
b. Three false alarms in any three- hundred -sixty -day period.
2. False alarms exceeding the number indicated in the corresponding time period shall be
subject to a service charge of two hundred ninety -two dollars and no cents ($292.00), to be
charged to the alarm user of the alarm system. Charges are payable to the finance director
within sixty days of notification that such charges are due. Failure to pay the assessment
within the prescribed time period shall result in the suspension of the alarm user permit and
disconnecting of services.
i�
DEVELOPMENTAL REVIEW FEES
A 17.5% fire protection surcharge shall be added to all construction permit and plan check fees
collected by the Building and Safety Division that require Fire Department review.
FIRE EQUIPMENT AND PERSONNEL STAND -BY FEES
Fire Engine/Ladder Truck
Squad or Light Rescue Equipment
Fire Investigation/Fire Prevention
Firefighter Standby ..
$206.25 per hour
$177.50 per hour
As Determined by Finance Director
As Determined by Finance Director
Administrative /Clerical As Determined by Finance Director
PLANNING SERVICES FEE SCHEDULE
ZONING SERVICES
Sidewalk Sales Permit
Home Occupation Permit
Administrative Use Permit
Planning Commission Use Permit
Downtown Housing Conversion Permit
Variance
Planned Development
Rezoning
Plan Amendment
Rezoning
Map Amendment
Text Amendment
Time Extension
SUBDIVISION SERVICES
Lot Line Adjustment
Tentative Subdivision Map
4 or less lots
5 or more lots
Certificate of Compliance
Time Extension
OTHER PLANNING SERVICES
Environmental Impact Determination
Environmental Impact Report
Architectural Review
Signs
Development Projects
Minor - Incidental
Plan Revision
Time Extension
Chritmas Tree/Pumpkin Lot Permit
Fence Height Exception
Voluntary Merger
Agreements
Bonds
Street Name Change
Street Abandonment
Condominium Conversion
Appeals
No Charge
$ 49.00
$ 229.00
$ 799.00
$1,360.00
$ 274.00
$2,204.00
$ 534.00
$1,846.00
25% of full cost of time & materials
50% of current filing fee
$ 377.00
$2;504.00
$2,504.00 + $83/Lot
$ 522.00
50% of current filing fee
$ 598.00
Consultant contract plus 30% for
administrative & review services
$ 377.00
$ 680.00
$ 211.00
$ 411.00
50% of current filing fee
No Charge
No Charge
No Charge
No Charge
No Charge
25% of full cost of time & materials
25% of full cost of time & materials
$1,351.00
No Charge
GENERAL & SPECIFIC PLANS
General Plan Amendment
Map (includes rezoning)
Text
Specific Plan Amendment
ANNEXATIONS
Annexation
25% of full cost of time & materials
25% of full cost of time & materials
25% of full cost of time & materials
25% of full cost of time & materials
NOTE: All fees include costs for applicable notification requirements to adjacent
property owners. Public Art is exempt from all fees.
BUILDING AND SAFETY FEE SCHEDULE
All construction permit fees are subject to a minimum of $35.00. Whenever work is started
without first obtaining a permit, an investigation fee equal to the amount of the permit fee
required, may be collected..
Plan Review Fees
When submittal documents are required by Section 302 of the Uniform Administrative Code
(UAC), a plan review fee shall be paid at the time of submitting the submittal documents for
plan review. Said plan review fee for buildings or structures shall be 100 percent of the total
of all building, plumbing, mechanical and electrical permit fees, including applicable energy
consumption compliance, accessibility compliance, and fire safety surcharges.
For building permit applications submitted for residential projects where the same plans are
being used for more than one unit, the full plan check fee shall be required for the first
identical unit, but shall be 50 percent of the full plan check fee for all other identical units.
The 50 percent plan review fee reduction shall only be applicable to all permit applications
submitted at the same time with the first identical unit.
The plan review fees are separate fees from the permit fees specified below and are in addition
to the permit fees.
When submittal documents are incomplete or changed so as to require additional plan review,
an additional plan review fee may be charged at an hourly rate as determined by the Director
of Finance, with a minimum charge of $35.00. When additional plan review of deferred
submittal items as defined in UAC Section 302 is required, or when additional plan review is
required by changes, additions, or revisions to approved plans, an additional plan review fee
shall be charged at an hourly rate as determined by the Director of Finance, with a minimum
charge of $35.00.
Permit Fees - General Application
A single all inclusive combination permit shall be issued for each construction permit
application. When electrical, mechanical, and plumbing work is involved, the fees therefor
shall be determined by increasing the building permit fee by 40% for the cost of electrical,
mechanical, and plumbing inspection.
A. BUILDING PERMIT FEES
Total Valuation Fee
1. $1 to $500.00 $21.00
2. $501.00 to $2,000.00 $21.00 for the first $500.00 plus $2.75 for
each additional $100.00 or fraction thereof,
to and including $2,000.00
3. $2,001.00 to $25,000.00 $62.25 for the first $2000.00 plus $12.50
for each additional $1,000.00 or fraction
thereof, to and including $25,000.00
171.3
4. $25,001.00 to $50,000.00
5. $50,001.00 to $100,000.00
6. $100,001.00 to $500,000.00
..e
$349.75 for the first $25,000.00 plus $9.00
for each additional $1,000.00 or fraction.
thereof, to and including $50,000.00
$574.75 for the first $50,000.00 plus $6.25
for each additional $1,000.00 or fraction
thereof, to and. including $100,000.00
$887.25 for the first $100,000.00
plus $5.00 for each additional
$1,000.00 or fraction thereof, to and
including $500,000.00
7. $500,001.00 to $1,000,000M $2,887.25 for the first $500,000.00 plus
$4.25 for each additional $1,000.00 or
fraction thereof, to and including
$1,000,000.00
8. $1,000,001.00 and Up $5,012.25 for the first $1,000;000.00 plus
$2.75 for each additional $1,000.00 or
fraction thereof
9. Energy Consumption Compliance Surcharge
A surcharge of 10% shall be added, to the permit fees for projects required to
comply with State of California Energy Conservation Standards.
10. Accessibility Compliance Surcharge
A surcharge of 6.5% shall be added to the permit fees for projects required to
comply with State of California Accessibility Standards.
11. Fire Safety Surcharge
A surcharge of 17.5% shall be added to the permit fees for projects that require
review by the Fire Department.
ELECTRICAL PERMIT FEES
System Fee Schedule
a. Private Swimming Pools
For new private, residential, in- ground, swimming pools for single family
and multi - family occupancies including a complete system of necessary
branch circuit wiring, bonding, grounding, underwater lighting, water
pumping and other similar electrical equipment directly related to the
operation of a swimming pool, each $44.25
For other types of swimming pools, therapeutic whirlpools, spas, and
alterations to existing swimming pools, use the Unit Fee Schedule.
b. Carnivals, Circuses, or Exhibitions Utilizing Transportable -type
Rides, Booths, Displays and Attractions
For electric generators and electrically driven rides, each $22.00
For mechanically driven rides and walk - through attractions or displays
having electric lighting, each $ 6.50
For a system of area and booth lighting, each $ 6.50
For permanently installed rides, booths, displays, and attractions, use the
Unit Fee Schedule.
C. Temporary Power Service
For a temporary service power pole or pedestal including all pole or
pedestal- mounted receptacle outlets and appurtenances, each $22.00
For a temporary distribution system and temporary lighting and
receptacle outlets for construction sites, decorative light, Christmas tree
sales lots, firework stands, etc., each $11.00
2. Unit Fee Schedule
a. Receptacle, Switch and Lighting Outlets
For receptacle, switch, lighting or other outlets at which current issued
or controlled, except services, feeders and meters
First 20, each $ 1.00
Additional outlets, each $ .65
Note: For multi- outlet assemblies, each 5 feet (1524mm) or fraction
thereof may be considered as one outlet.
b. Lighting Fixtures
For lighting fixtures, sockets or other lamp - holding devices
First 20, each $ 1.00
Additional fixtures, each $ .65
For pole or platform - mounted lighting fixtures; each $ 1.00
For theatrical -type lighting fixtures or assemblies, each $ 1.00
C. Residential Appliances
For fixed residential appliances or receptacle outlets for same, including
wall- mounted electric ovens; counter - mounted cooking tops; electric
ranges, self - contained room or through -wall air conditioners; space
heaters; food waste grinders; dishwasher; washing machines; water
heaters; clothes dryers; or other motor - operated appliances not exceeding
one horsepower (HP) (746 W) in rating, each $ 4.25
Note: For other types of air conditioners and other motor - driven
appliances having larger electrical ratings, see Power Apparatus.
d. Nonresidential Appliances
For residential appliances and self - contained factory-wired nonresidential
appliances not exceeding one horsepower (HP), kilowatt (KW), or
kilovolt - ampere (KVA), in rating including medical and dental devices;
food beverage, and ice cream cabinets; illuminated show cases; drinking
fountains; vending machines; laundry machines; or other similar types of
equipment, each $ 4.25
Note: For other types of air conditioners and other motor -driven
appliances having larger electrical ratings, see Power Apparatus.
e. Power Apparatus
For motors, generators, transformers, rectifiers, synchronous converters,
capacitors, industrial heating, air conditioners and heat pumps, cooking
or baking equipment and other apparatus, as follows:
Rating in horsepower (HP), kilowatts (KW), kilovolt- amperes (KVA), or
kilovolt- amperes - reactive (KVAR):
Up to and including 1, each $ 4.25
Over 1 and not over 10, each $11.00
Over 10 and not over 50, each $22.00
Over 50 and not over 100, each $44.25
Over 100, each $66.50
Note: For equipment or appliances having more than one motor,
transformer, heater, etc., the sum of the combined ratings may be used.
Fees include all switches, circuit breakers, contractors; thermostats, relays
and other directly related control equipment.
f. Busways
For busways, each 100 feet or fraction thereof $ 6.50
Note: An additional fee is required for lighting fixtures, motors and
other appliances that are connected to trolley and plug -in -type busways.
No fee is required for portable tools.
g. Signs, Outline Lighting and Marquees
For signs, outline lighting systems or marquees supplied from one branch
circuit, each $22.00
.J
For additional branch circuits within the same sign, outline lighting
system or marquee, each $ 4.25
h. Services
For services of 600 volts or less and not over 200 amperes in rating,
each $27.25
For services of 600 volts or less and over 200 amperes to 1000 amperes
in rating, each $55.50
For services over 600 volts or over 1000 amperes in rating,
each $111.00
i. Miscellaneous Apparatus, Conduits and Conductors
For electrical apparatus, conduits and conductors for which a permit is
required but for which no fee is herein set forth $16.25
Note: This fee is not applicable when a fee is paid for one or more
services, outlet, fixtures, appliances, power apparatus, busways, signs or
other equipment.
C. MECHANICAL PERMIT FEES
Unit Fee Schedule
a. Furnaces
For the installation or relocation of each forced -air or gravity -type
furnace or burner, including ducts and vents attached to such appliance,
up to and including 100,000 Btu/h (29.3 kW) $13.25
For the installation or relocation of each forced -air or gravity -type
furnace or burner, including ducts and vents attached to such appliance
over 100,000 Btu/h (29.3 kV) $16.25
For the installation or relocation of each floor furnace, including
vent $13.25
For the installation or relocation of each suspended heater, recessed wall
heater or floor - mounted unit heater $13.25
b. Appliance Vents
For the installation, relocation or replacement of each appliance vent
installed and not included in an appliance permit . $ 6.50
C. Repairs or Additions
For the repair of, alteration of, or addition to each heating appliance,
refrigeration unit, cooling unit, absorption unit, or each heating, cooling,
absorption, or evaporative cooling system, including installation of
controls regulated by the Mechanical Code$12.25
d. Boilers, Compressors and Absorption Systems
For the installation or relocation of each boiler or compressor to and
including three horsepower (10.6 kW), or each absorption system to and
including 100,000 Btu/h (29.3 kW) $13.15
For the installation or relocation of each boiler or compressor over three
horsepower to and including 15 horsepower (52.7 kW), or each
absorption system over 100,000 Btu/h (29.3 kW) to and including
500,000 Btu/h (146.6 kW) $24.25
For the installation or relocation of each boiler or compressor over 15
(52.7 kW) horsepower to and including 30 horsepower (105.5 kW), or
each absorption system over 500,000 Btu/h (146.6kW) to and including
1,000,000 Btu/h (293.1 kW) $33.25
For the installation or relocation of each boiler or compressor over 30
horsepower (105.5 kW) to and including 50 horsepower (176kW), or for
each absorption system over 1,000,000 Btu/h (293.1 kW) to and
including 1,750,000 Btu/h (512.9 kW) $49.50
For the installation or relocation of each boiler or compressor over 50
horsepower (176 kW), or each absorption system over 1,750,000 Btu/h
(512.9 kW) $82.75
e. Air Handlers
For each air - handling unit to and including 10,000 cfm (4719L/s),
including ducts attached thereto $ 9.50
Note: This fee does not apply to an air - handling unit which is a portion
of a factory- assembly appliance, cooling unit, evaporative cooler or
absorption unit for which a permit is required elsewhere in the
Mechanical code.
For each air - handling unit over 10,000 cfm (4719L/s) $16.15
f. Evaporative Coolers
For each evaporative cooler other than portable type $ 9.50
C
g. Ventilation and Exhaust
For each ventilation fan connected to a single duct $ 6.50
For each ventilation system which is not a portion of any heating or air -
conditioning system authorized by a permit $ 9.50
For the installation of each hood which is served by mechanical exhaust;
including the ducts for such hood $ 9.50
h. Incinerators
For the installation or relocation of each domestic -type
incinerator $16.25
For the installation or relocation of each commercial or industrial -type
incinerator $66.50
i. Miscellaneous
For each appliance or piece of equipment regulated by this code but not
classed in other appliance categories, or for which no other fee is listed
in this table $ 9.50
PLUMBING PERMIT FEES
Unit Fee Schedule
a. Fixtures and Vents
For each plumbing fixture, trap or set of fixtures on one trap (including
water, drainage piping, and blackflow protection therefor) $ 8.75
For repair or alteration of drainage or vent piping, each fixture $ 4.25
b. Sewers, Disposal Systems and Interceptors
For each building sewer and each trailer park sewer $22.00
For each cesspool (where permitted) $33.25
For each private sewage disposal system $66.50
For each industrial waste pretreatment interceptor including its trap and
vent, excepting kitchen -type grease interceptors functioning as fixture
traps .$17.75
Rainwater systems - per drain inside building $ 8.75
i
C. Water Piping and Water Heaters
For installation, alteration, or repair of water piping or water- treating
equipment, each $ 4.25
For each water heater including vent $11.00
d. Gas Piping
For each gas piping system of one to four outlets $ 5.50
For each gas piping system of five or more: outlets, per outlet $ 1.00
e. Lawn Sprinklers, Vacuum Breakers & Backflow Protection Devices
For each lawn sprinkler system on any one meter, including blackfoow
protection devices therefor $13.25
For atmospheric -type vacuum breakers not included in Item a:
1 to 5 $11.00
over 5, each $ 2.00
For each backflow protective device other than atmospheric -type vacuum
breakers:
2 inches (50.8 mm) and smaller $11.00
over 2 inches (50.8 mm) $22.00
E. FEES FOR PERMIT TO MOVE A BUILDING
1. For issuance of each permit to move a building $55.00
2. Inspection of a building within the City
(minimum charge - one hour) $55.00 per hour
3. Inspection of a building outside the City
(minimum charge - two hours) $55.00 per hour
F. DEMOLITION PERMIT FEES
1. For issuance of each permit when pedestrian protection is required $110.00
2. For issuance of each permit without pedestrian protection $55.00
G. GRADING PLAN REVIEW FEES
1. 50 cubic yards (38.2 m) or less No Fee
2. 51 to 100 cubic yards (40 to 76.5 m3) $22.00
3. 101 to 1,000 cubic yards (77.2 to 764.6 m3) $33.00
4. 1,001 to 10,000 cubic yards (765.3 to 7,645.5 m) $44.00
5. 10,001 to 100,000 cubic yards (7,646.3 to 76,455 m) - $44.00 for the first
10,000 cubic yards (7,645.5 m3) plus $22.00 for each additional 10,000 cubic
yards (7,645.5 m3) or fraction thereof.
6. 100,001 to 200,000 cubic yards (76,456 to 152,911 m3) - $242.00 for the first
100,000 cubic yards (76,455 m3), plus $13.00 for each additional 10,000 cubic
yards (7,645.5 m3) or fraction thereof.
7. 200,001 cubic yards (152,912 m') or more - $359.00 for the first 200,000 cubic
yards (152,911 m3), plus $6.50 for each additional 10,000 cubic yards (7,545.5
m3) or fraction thereof.
H. GRADING PERMIT FEES
50 cubic yards (38.2 m3) or less
$22.00
2. 51 to 100 cubic yards (40 to 76.5 m) $33.00
3. 101 to 1,000 cubic yards (77.2 to 764.6 m3)- $33.00 for the first 100 cubic yards
(76.5 m3) plus $15.50 for each additional 100 cubic yards (76.5 m') or fraction
thereof
4. 1,001 to 10,000 cubic yards (765.3 to 7,645.5 m3)- $172.50 for the first 1,000
cubic yards (764.6 m'), plus $13.00 for each additional 1,000 cubic yards (764.6
m3) or fraction thereof
5. 10,001 to 100,000 cubic yards (7,646.3 to 76,455 m3)- $289.50 for the first
10,000 cubic yards (7,645.5 m3), plus $59.00 for each additional 10,000 cubic
yards (7,645.5 m3) or fraction thereof
6. 100,001 cubic yards (76,456 m3) or more - $820.50 for the first 100,000 cubic
yards (76,455 m'), plus $32.50 for each additional 10,000 cubic yards (7645:5
m') or fraction thereof
Note: The fee for a grading permit authorizing additional work to that under a
valid permit shall be the difference between the fee paid for the original permit
and the fee shown for the entire project.
I. SIGN PERMIT FEE
For issuance of each permit for free standing signs $74.00
2. For issuance of each permit for signs other than free standing signs $54.00
J. MICROFILM FEE
Fee assessed with permit to defray the cost of microfilming construction documents
filed with permit, per page /sheet (does not apply to page /sheet size less than 11 inches
by 17 inches) $6.75
K. OTHER INSPECTION FEES
An hourly rate as determined by the Director of Finance shall be charged for the
following services:
Inspections outside of normal business hours
(minimum charge - two hours)
2. Reinspection fees assessed under provision of UAC Section 305
(minimum charge - one hour)
3. Inspections for which no fee is specifically indicated
(minimum charge - one -half hour)
ENGINEERING FEE SCHEDULE
Improvement Plan Check
Construction Inspection
Tract Map (Final)
Parcel Map (Final)
Certificate of Compliance or Lot Line Adjustment Agreement
1 to 9 Parcels
10 or more Parcels
Encroachment Permits
Transportation Permit **
$273.00 + 1.5%
of Construction Costs*
$1,300.00 + 6.1%
of Construction Costs*
$958.00 + $65.00 /lot
$958.00
$369.00
$510.00
$57.00 Minimum Charge
$1,132.00/yr for
Blanket Permit
$57.00 + $4.57/lin ft.
For New & Replacement
Installation
$349.00 + $0.82/lin ft
for Excavation
Single trip permit $16.00
Annual permit $90.00
* An estimate is required from the applicant for verification of the public improvement
costs.
** Fee amount established by Department of Transportation and is not subject to CPI
increases.
PARKS & RECREATION SERVICES FEE SCHEDULE
Activity 95 -96 96 -97 97 -98
Children's Services
$25/ Reg
$25/ Reg
$25/ Reg.
Sun -n -Fun
Fee /child /school yr
Fee /child /school yr.
Fee /child /school yr.
$2.10 /hr /child
$2.25 /hr /child
$2.40 /hr /child
Winter Break Camp
10 Full Days
10 Full Days
10 Full Days
$160/
$170 /child
$180 /child
Single Full Day
Single Full Day
Single Full Day
$20
$21 /child
$22 /child
Spring Break Camp
6 Days $110 /child
6 Days $120 /child
6 Days $130 /child
Single Full $20 /child
Single Full Day
Single Full Day
$21 /child
$22 /child
Summer Fun Day Camp
$15/ Reg. Fee /child
$15 /Reg. Fee /child
$15 /Reg Fee /child
$2.10 /hr /child
$2.25/hr /child
2.40 /hr /hr /child
Adventure Day Camp
$15/ Reg. Fee /child
$16/ Reg. Fee /child
$17/ Reg. Fee /child
(all fees /child)
(all fees /child)
(all fees /child)
5 Days $80
5 Days $84
5 Days $88
4 Days $70
4 Days $74
4 Days $77
3 Days $55
3 Days $58
3 Days $60
2 Days $40
2 Days $43
2 Days $45
1 Day $20
1 Day $22
1 Day $24
$2.50 /hr drop in
$2.50 /hr drop in
$2.50 /hr drop in
'Schedule reflects 3 year phase -in of cost recovery goals and excludes annual cost
of living adjustments that will also be made to these fees.
PARKS & RECREATION SERVICES FEE SCHEDULE
Activity 95 -96 98 -97 97 -98
Aquatics
Lap Swim
Adult
$1.50 /swim
$1.75 /swim
$2.00 /swim
Youth /Senior
$1.00 /swim
$1.25 /swim
$1.50 /swim
Passcard
Adult /Sr.
$30 /month
$35 /month
$40 /month
Youth
$20 /month
$25 /month
$30 /month
Rec Swim
Daily Fee
$1.50 /swim
$1.75 /swim
$2.00 /swim
Adult
$1.00 /swim
$1.25 /swim
$1.50 /swim
Youth /Senior
Swim Scrip
$13.50/10 swims
$15.75/10 swims
$18/10 swims
Adult/Youth /Sr.
Lessons
$25 /session
$30 /session
$35 /session
Adult /Youth /Sr.
Special Classes
Water Polo
$48 /session
$54 /session
$60 /session
Springboard
diving
$30 /session
$35 /session
$40 /session
Pool Rental
$10.00 /hr /life guard
$10 /hr /life guard
$10 /hr /life guard
Swim Club
Teens & Seniors
Girls Volleyball
$20 /person
$20 /person
$20 /person
Volleyball Tourn.
$50 /team
$50 /team
$50 /team
Summer Basketball
$25 /person
$25 /person
$25 1person
Teen Track
$15 /person
$15 /person
$15 /person
Golf
$30 /session
$30 /person
$30 /person
Skateboard
$1 /time
$1 /time
$1 /time
Adult Athletics
Adult Softball
$320 /team
$340 /team
$360 /team
(8 games)
Adult Softball
$370 /team
$390 /team
$410 /team
(10 games)
Adult Basketball
$425 /team
$435 /team
$445 /team
Softball Tourn.
$170 /team
$185 /team
$200 /team
Adult Volleyball
$250 /team
$265 /team
$280 /team
2Schedule reflects 3 year phase -in of cost recovery goals and excludes annual cost
of living adjustments that will also be made to these fees.
i !J
PARKS & RECREATION SERVICES FEE SCHEDULE
Activity 95 -96 96 -97 97 -98
Youth Athletics
Little Hoopsters
$15 /child
$15 /child
$15 /child
Little Tracksters
$15 /child
$15 /child
$15 /child
Little Sluggers
$15 -28 /child /uses
$15 -28 /child /uses
$15 -28 /child /use
Youth Volleyball
$16 /child
$16 /child
$16 /child
Youth Basketball
$26 /child
$26 /child
$26 /child
Minor League
$26 /child
$26 /child
$26 /child
Junior Olympics
$15 /child
$15 /child
$15 /child
Ultimate Play Camp
$36 /child
$36 /child
$36 /child
Instructional Classes
classes /month)
Tennis
Adult
Youth
$40 -80 /month
$40 -80 /month
$40 -80 /month
Fitness
$50- 100 /month
$50- 100 /month
$50- 100 /month
Dance
$20 -40 /month
$20 -40 /month
$20 -40 /month
Adult
Youth
$20 -28 /month
$20 -28 /month
$20 -28 /month
Cultural Art
$20 -23 /month
$20 -23 /month
$20 -23 /month
Adult
Youth
$32 -40 /month
$32 -40 /month
$32 -40 /month
Martial Arts
$20 -40 /month
$20 -40 /month
$20 -40 /month
Adult
Youth
$30 -35 /month
$30 -35 /month
$30 -35 /month
Computers
$20 -35 /month
$20 -35 /month
$20 -35 /month
$60 -80 /month
$60 -80 /month
$60 -80 /month
3Schedule reflects 3 year phase -in of cost recovery goals and excludes annual cost
of living adjustments that will also be made to these fees.
i
. PARKS & RECREATION SERVICES FEE SCHEDULE
Activity 95 -96 96 -97 97 -98
Special Events
Triathlon
$45 /person
$50 /person
$55 /person
Pumpkin Run
5K
$13 /person
$14 /person
$15 /person
Mile
$10 /person
$11 /person
$12 /person
4th of July
Craft
$40 /day
$45 /day
$50 /day
Food
$35 /day
$40 /day
$45 /day
Info
$30 /day
$35 /day
$40 /day
Games
$30 /day
$35 /day
$40 /day
Christmas in Plaza
Craft
$52 -62 /day /size
$54 -64 /day /size
$56 -66 /day /size
Food
$42 /day
$44 /day
$46 /day
Info
$37 /day
$39 /day
$41 /day
Indoor Facilities
Rec Center
ABCD
Non - Profit
$17.50/hr
$20 /hr
$22.50/hr
Commercial
$35 /hr
$40 /hr
$45 /hr
Gym
Non - Profit
$42 /hr
$46 /hr
$55 /hr
Commercial
$84 /hr
$92 /hr
$110 /hr
Senior Center
Main Room
Non - Profit
$21 /hr
$24 /hr
$28 /hr
Commercial
$42 /hr
$48 /hr
$56 /hr
Kitchen
Non - profit
$7.50 /hr
$10 /hr
$12.50/hr
Commercial
$10 /hr
$15 /hr
$20 /hr
Senior Side
Non - profit
$17.50/hr
$20 /hr
$22.50/hr
Commercial
$35 /hr
$40 /hr
$45 /hr
Meadow Park
Non - Profit
$17.50/hr
$20 /hr
$25 /hr
Commercial
$35 /hr
$40 /hr
$50 /hr
4Schedule reflects 3 year phase -in of cost recovery goals and excludes annual cost
of living adjustments that will also be made to these fees.
PARKS & RECREATION SERVICES FEE SCHEDULE
Activity 95 -96 96 -97 97 -98
Outdoor Facilities
Softball Fields
Daytime
Non - Profit
$10 /hr
$12.50/hr
$15 /hr
Commercial
$15 /hr
$17.50/hr
$20 /hr
Evening
Non - Profit
$15 /hr
$17.50/hr
$20 /hr
Commercial
$17.50/hr
$20 /hr
$22.50/hr
Outdoor Basketball Courts
$3 /hour
$3 /hour
$3 /hour
Tennis and Sand VBall Courts
$5 /court/hour
$5 /court /hour
$5 /court/hour
BBQ's /Picnic areas
Laguna, Islay, Santa Rosa,
$30 /day
$35 /day
$40 /day
Mitchell, Johnson,
Sinsheimer (Lions),
BBQ's /Picnic areas
Sinsheimer Stadium, French
$40 /day
$60 /day
$80 /day
Mission Plaza
$75 /day
$85 /day
$95 /day
Adobe
$25 /day
$25 /day
$25 /day
Parks -Full Use
French, Meadow, Mitchell,
$200 /day
$250 /day
$300 /day
Laguna Lake, Mission Plaza,
Santa Rosa
Jack House
Wedding Only
$200 /day
$250 /day
$300 /day
Wedding &
Reception or party
$300 /day
$350 /day
$400 /day
Library
Conference Room
Non- Profit
$10/ 3 hours
$13/ 3 hours
$16/ 3 hours
Commercial
$25/ 3 hours
$25n/ 3 hours
$25/ 3 hours
Library
Community Room
Non - Profit
$25/ 3 hours
$32/ 3 hours
$40/ 3 hours
Commercial
$100/ 3 hours
$100/ 3 hours
$100/3 hours
'Schedule reflects 3 year phase -in of cost recovery goals and excludes annual cost
of living adjustments that will also be made to these fees.
FEES FOR SERVICES NOT LISTED
1. Non - residents will be charged an additional 33% on top of advertised fees.
2. Fees for new programs or modifications to existing ones may be set by the Director of Parks
& Recreation in accordance with the cost recovery rate approved by the Council for similar
programs. Any significant new program activities or major changes to existing ones require
the approval of the City Council.
i i
BANNER FEES
Banner Fees
Application processing /equipment & labor to hang banner $120.00
UTILITY SERVICES FEE SCHEDULE
WATER SERVICES
Install water meter (5/8" — 1" metes
Install water meter (11/2" 2" meter)
Install water meter (larger than 2" meter)
Remove water meter (5/8" — 1" meter)
Remove water meter (11/2" — 2" meter)
Remove water meter (larger than 2" meter)
Retirement of service
Retirement of service (larger than 2" meter)
Account set —up
Account set —up (after hours/weekends)
Account set —up (unlimited)
Disconnect service (for non— payment)
Meter lock —off (for continuing non— payment and illegal use)
Retrofit inspection
Schedule of Meter costs
5/8" x 3/4"
3/4"
1"
11/2"
2'1
3" and larger
SEWER SERVICES
$34.00
$61.00
$86.00
$196.00
$298.00
time and materials
Lateral installation
Lateral abandonment
Pretreatment inspection services
Industrial User Class II
Industrial User Class I
Industrial User Significant User
Industrial User Reinspection
Meter cost + $41
Meter cost + $124
time and materials
$41
$124
time and materials
$137
time and materials
$27
$110
$500
$41
$82
$30
Schedule of.Meter adautor costs
Service size
Meter size
Cost per -pair
In
5/8" x 3/4"
$850
1"
3/4"
$850
112"
1"
$4250
2"
1"
$4350
2"
112"
$55.00
$165
$165
$65
$210
$680
$48
i
FEES FOR MAPS AND PUBLICATIONS
The Fee schedule for General Plan Elements, Other Publications, and Ordinances will be
evaluated annually, with the fee adjusted to reimburse the reproduction/printing cost plus 30%
to cover the overhead/administration costs.
DIAZO PRINTS OF MAPS
Aerial Photo only
$ 2.15
Counterbook Page
$ 1.60
Photo -Togo Combo
$ 2.95
Topo Map Only
$ 2.15
1000' City Map (3' x 3')
$ 4.25
800' City Map (42" x 42 ")
$ 5.85
500' City Map (2 pieces)
$12.80
ALL OTHER MAPS & COPIES
Blueline $ .55 /sq. ft.
Sepia $1.05 /sq. ft.
Photo Copies:
Standard or legal $ .25 /page
11" x 17" $ .55 /page
Microfiche Copies:
8 -1/2" x 11" (in house) $ .25 /page
8 -1/2" x 11" (50 copies or more) $ .55 /page
11" x 17" $2.15 /page
18" x 24" $4.25 /page
minimum charges for rushes $8.50
Microfiche Duplicates: $1.05 /page
minimum charge $4.25
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4 1 e
RESOLUTION NO. 8432 (1995 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE 1995 -97 FINANCIAL PLAN AND
APPROPRIATING FUNDS FOR THE 1995 -96 FISCAL YEAR
WHEREAS, the City Administrative Officer has submitted the 1995 -97 Financial
Plan to Council for their review and consideration in accordance with budget policies and
objectives established by the Council; and
WHEREAS, the 1995 -97 Financial Plan is based upon public comment and direction
of the Council after scheduled budget study sessions and public hearings,
NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo
that the 1995 -97 Financial Plan is hereby approved and that the operating, debt service and
capital outlay budget for the fiscal year beginning July 1, 1995 and ending June 30, 1996 is
hereby adopted as follows:
Operating programs
Debt service
Capital outlay
TOTAL
Onmotionof Vice Mayor Romero
and on the following roll call vote;
$32,1249600
5,007,000
8,273,000
$45,404,600
secondedby Council Member Williams
AYES: Council Members Romero, Williams, Roalman, Smith and Mayor Settle.
NOES: None
ABSENT: None
the fore o' g Resolutio passed and ado this 20th day of June, 1995.
ayo en SeYlle
ATTEST:
In"Ir
*i#ttey
D -4/. 40
ua pS
1��\
RESOLUTION NO. 8431 (1995 Series)
A RESOLUTION OF COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE APPROPRIATION LIMIT AND SELECTING THE
ADJUSTMENT FACTORS FOR THE FISCAL YEAR 1995 -1996
WHEREAS, the voters approved the Gann Spending - Limitation Initiative on
November 6, 1979 and Proposition 111 on June 5, 1990, which established and defined
annual appropriation limits on State and local government entities; and,
WHEREAS, regulations provide for the establishment by resolution by the governing
body of each local jurisdiction of its appropriations limit and the annual adjustment factors;
and,
WHEREAS, the required computations to determine the estimated appropriations
subject to limitation for Fiscal Year 1995 -96 have been performed by the Department of
Finance and are available for public review.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis
Obispo does hereby adopt the following appropriation limit and annual adjustment factors
for Fiscal Year 1995 -96:
Appropriations Limit, 1994 -95 $23,600,000
Cost of Living Factor
California Per Capita Income 4.72%
Population Factor
County Population Growth 1.60%
Appropriations Limit, 1995 -96 $25,109,300
R -8431
Resolution No. 8431 (1995 Series) Page 2
Council Member Vice Mayor
Uponmotionof Smith ,secondedby Romero and
on the following roll call vote:
AYES: Council Members Smith, Romero, Roalman, Williams and Mayor Settle
.NOES: None
ABSENT: None
the foregoing resolution was j4dopted this 20th day of June 1995.
Mayor
CTi' ClerkDikne R,6Aladwell
APPROVED TO FORM
-A4/ Q
ID
RESOLUTION NO. 8430 (1995 Series)
A RESOLUTION OR THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO RATIFYING AND ENDORSING
THE ACTION OF THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE
MANAGEMENT AUTHORITY (IWMA) TO ESTABLISH THE IWMA
AS THE LOCAL TASK FORCE AND APPOINTMENT OF IWMA BOARD
MEMBERS AS LOCAL TASK FORCE REPRESENTATIVES
WHEREAS, Public Resources Code Section 40950 provides for the establishment of
a Local Task Force (LTF); and
WHEREAS, San Luis Obispo County notified the California Integrated Waste
Management Board on March 28, 1990 of the establishment of a LTF; and
WHEREAS, the Joint Powers Agreement establishing the San Luis Obispo County
Integrated Waste Management Authority provides for a regional agency pursuant to Publi:
Resources Code Section 40973; and
WHEREAS, the IWMA voted on May 10, 1995 to assume the role of the local Task
Force for San Luis Obispo County; and
WHEREAS, the IWMA voted on May 10, 1995 to appoint the IWMA Board
Members as the LTF representatives.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis
Obispo does hereby ratify and endorse the action taken by the IWMA on May 10, 1995 of
assuming the role of the LTF and appointing the IWMA Board Members to be the LTF
representatives.
R -8430
Resolution No. 8430 (1995 Series)
Council Member Vice Mayor
Upon motion of Smith . seconded by Romero
and on the
following roll call vote:
AYES: Council Members Smith, Romero, Roalman, Williams and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted the the day of June . 1995.
ATTEST:
a Gladwell, C' Clerk
APPROVED:
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RESOLUTION NO. 8429 (1995 SERIES)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
RATIFYING A NEW REGIONAL TRANSIT FUNDING FORMULA
WHEREAS, the City of San Luis Obispo endorses the proposed funding formula. prepared by
SLOCOG; and
WHEREAS, the funding formula provides a_ savings to the City of San Luis Obispo for fiscal
year 95 -96;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo, as follows:
Approve new funding formula for regional transit.
Upon the motion of Council Member Smith seconded by Vice Mayor Romero
and on the following roll call vote:
AYES: Council Members Smith, Romero, Roalman, Williams and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 20th day of June , 1995
Mayor Allen Settle
ATTEST:
k�,&Jw&
Di ladwell, City CWrk
APPROVED AS TO FORMA:
J a
A
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R -8429
0 0
Attachment A
San Luis Obispo Regional Transit Authority
Funding Formula Proposal
One of the main constraints on service improvements and/or efficiencies for SLORTA bus services (both CCAT
and Runabout) are related to the current funding formulas, as service efficiencies are restricted by the
"boundaries" related to each route's funding formula. If the formulas are revised as proposed in Column 4
below, transit staff will be able to modify routes to reduce costs and /or to increase ridership.
The Table below identifies current TDA allocations for each SLORTA memberjurisdiction, current member
contributions to SLORTA, and a formula based on a fixed percentage contribution from the County and the
City of San Luis Obispo.
Column 1 shows the current population (1994 Department of Finance figures).
Column 2 shows the total TDA allocated to each jurisdiction this current fiscal year (1994195).
Column 3 shows each jurisdiction's 1994195 contribution to SLORTA.
Column 4 shows the effects of a formula recommended by SLOCOG that allocates 49% of the costs of regional
transit to the County, 18% to the City of SLO, and then splits the balance required among the remaining cities
based upon their percentage of the population of these cities. This formula was selected among a number
of similar alternative formulas, as this formula benefits all cities at the least cost to the County.
It is proposed that SLORTA develop a "minimum level of service ", perhaps four round trips on each of the
main transit "corridors ". The system would provide for funding this "basic" service level, which would
become the backbone of the regional fixed route system. If a greater level of service is desired for a particular
transit corridor, a formula would be developed to allow the affected jurisdictions to exercise this option. This
arrangement would allow transit staff to recommend service adjustments to the Board to make the existing
services more efficient, rather than being restricted by an individual city's funding participation. Additionally,
this would lead to an overall reduction in the regional transit budget. It is suggested here that the basic level
of service remain constant throughout a five year period based on a short range transit plan, unless resulting
efficiencies, unusual circumstances or the unmet needs process dictates a change in the basic regional
service plan.
Column 1 1 Column 2 1 Column 3
Population I Total TDA in I 1994 SLORTA
1994 Contribution
Arroyo Grande
1 15,146
290,204
86,723
81,291:;:
Atascadero
24,342
492,663
130,976
130,648:
Grover Beach
12.464
235.249
71.366
66 896..
10
Paso Robles 1 20,948 1 425,636
Beach
SLO City 1 43,704
SLO County 1 99.898 I 1,846.769 1 725.705
Totals 1 234,500 1 $4,537,387 1 $19564,675
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•stESOLUTION No. 8428 --
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
RENEWAL OF THE STUDENT NEIGHBORHOOD
ASSISTANCE PROGRAM
WHEREAS, the City Council desires to continue efforts towards improved
relations between students and the community, and;
WHEREAS, the Associated Students Incorporated (A.S.I.) of California
Polytechnic State University, and the San Luis Obispo Police Department have
developed an innovative and successful "peer policing program, and;
WHEREAS, the A.S.I. have passed legislation authorizing the
continuation of the Student Neighborhood Assistance Program (SNAP.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF SAN LUIS OBISPO does hereby authorize the renewal of the
Student Neighborhood Assistance Program (SNAP) as discussed in the
attachments herein.
On motion of Council Member
seconded by Council Member Romero
the following roll call vote, to wit:
Smith
_ and
and on
AYES: Council Members Smith, Romero, Roalman, Williams and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 20th day of June,
1995.
ALLEN SETTLE, MAYOR
ATTEST:
Wig
APPROVED AS TO FORM:
R -8428
AN AGREEMENT FOR
STUDENT NEIGHBORHOOD ASSISTANCE PROGRAM
(SNAP)
BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO
AND
ASSOCIATED STUDENTS, INC.
OF CALIFORNIA POLYTECHNIC STATE UNIVERSITY
THIS AGREEMENT by and between the City of San Luis Obispo
(hereafter "City ") and the Associated Students, Incorporated of
California Polytechnic State University (hereafter "ASI ") is made
and entered into in consideration of the mutual promises
contained in this Agreement.
WHEREAS, the City and ASI have jointly searched for
innovative approaches to involve the student constituency in
securing a safer environment by assisting local.law enforcement,
and have concluded that a program involving students taking an
active role in specifically defined crime prevention and order
maintenance activities within the community would be mutually
beneficial;
NOW, THEREFORE, it is mutually agreed by the parties hereto
as follows:
Section 1. Services.
The goal of the Student Neighborhood Assistance Program
(hereafter "SNAP ") is to provide an opportunity for students to
create a safer environment for themselves and the community.
SNAP participants will assist local law enforcement as first
responders to specified student - related calls for service,
conduct safety patrols in and around student housing areas, and
provide a variety of student- oriented crime prevention services.
SNAP will generally operate Thursday through Saturday of
each week while the University is in session. SNAP participants
will be paid an hourly rate as established by the Operational
Rules and Regulations. Work assignments will be from
approximately 9:00 p.m. to 3:00 a.m. There will generally be two
teams of SNAP members, consisting of two students each. The on-
duty Police field supervisor will be responsible for functional
supervision of working SNAP members. However, administrative
supervision shall remain with ASI and their authorized agents,
and the SNAP Review Board.. The City and ASI shall jointly
develop Operational Rules and Regulations for SNAP.
1
Section 2. Equipment.
Each team will be equipped with the following:
1. SNAP program cap and windbreaker - ASI supplied
2. Police portable radio and holder - City supplied
3. Police flashlight - City supplied
4. Written warning Cards - City supplied
Section 3. Advisory Board.
Oversight and review of SNAP shall be accomplished by an
Advisory Board composed of:
1. The Chief of the San Luis Obispo Police Department or his
designee
2. The Chief Administrative Officer of the City of San Luis
Obispo or his designee
3. A representative from ASI
4. A representative from a neighborhood /community citizen's
The Advisory Board shall be governed-'by Advisory Board By-
laws which shall be developed.by the City and ASI.. Minor
administrative matters will be handled by the ASI Executive.
Director or designee and the Chief of Police or designee.
Section 4. Funding.
The City shall contribute $14,000 each year for fiscal years
1995/96 and 1996/97. ASI shall contribute administrative and
disbursement functions and also handle program advertising.
Section 5. Police Authority.
A SNAP member has no authority to use force or make arrests
and will not personally intervene in any situation that could
endanger him /herself or any other person or property.
Section 6. Indemnification.
In exchange for ASI's participation in SNAP, the City hereby
agrees to indemnify, defend (with counsel acceptable to ASI), and
hold harmless ASI and its agents, representatives, officers, and
employees from any and all loss, liability, claims, demands,
damages, or costs, including reasonable attorney fees, arising
out of any injury, death, or property damage that may be suffered
2
group
5.
A
representative
from
the University Administration
6.
A
representative
from
the Inter - fraternity Council
7.
A
representative
from
Panhellenic Council
8.
A
representative
from
Cuesta Community College
9.
A
representative
from
University Public Safety Department
The Advisory Board shall be governed-'by Advisory Board By-
laws which shall be developed.by the City and ASI.. Minor
administrative matters will be handled by the ASI Executive.
Director or designee and the Chief of Police or designee.
Section 4. Funding.
The City shall contribute $14,000 each year for fiscal years
1995/96 and 1996/97. ASI shall contribute administrative and
disbursement functions and also handle program advertising.
Section 5. Police Authority.
A SNAP member has no authority to use force or make arrests
and will not personally intervene in any situation that could
endanger him /herself or any other person or property.
Section 6. Indemnification.
In exchange for ASI's participation in SNAP, the City hereby
agrees to indemnify, defend (with counsel acceptable to ASI), and
hold harmless ASI and its agents, representatives, officers, and
employees from any and all loss, liability, claims, demands,
damages, or costs, including reasonable attorney fees, arising
out of any injury, death, or property damage that may be suffered
2
�J
or incurred by participants in the program or any other person
arising out of or in connection with the operation of the
program, except that the City shall have no liability for damages
or costs incident thereto caused by the sole gross negligence of
ASI or its officers, employees, or agents.
Section 7. Student Coordinator.
One SNAP member shall be appointed to the position of
Student Coordinator by agreement of the ASI Executive Director or
designee and the Chief of Police or designee. The Student
Coordinator will have no supervisory authority over other SNAP
members. S/he will be responsible for coordinating routine SNAP
operations including but not limited to scheduling, equipment
acquisition, statistics maintenance, and other duties as
assigned. The Student Coordinator will receive the next higher
salary step. In the event that conflicts arise between the
Student'Coordinator and other SNAP members as the result of the
Student Coordinator performing his /her administrative duties,
resolution will be handled by the supervisors of the SNAP
program.
Section 8. Insurance.
City shall maintain in full force and effect during the term
of the operation of SNAP general liability insurance in the sum ,
of One Million Dollars ($1,000,000) for injury to or death of any
one person for each occurrence, and in the sum of Two Million
Dollars ($2,000,000) for injury to or death of more than one
person for each occurrence. Additionally, the City, as the
Direct Employer of SNAP participants, shall maintain in full
force and effect during said term of operation of SNAP worker's
compensation insurance which will be provided for SNAP
participants who suffer from injuries and illnesses arising out
of and in the course of performing duties assigned as part of
SNAP. The City shall provide automobile liability insurance.
The parties hereby acknowledge that SNAP participants are
specifically excluded from coverage under the policy for workers'
compensation .insurance maintained by ASI for other purposes, and
that the City's workers' compensation insurance shall be the sole
source of workers' compensation insurance available to SNAP
participants.
Section 9. Termination.
This Agreement shall be effective upon execution and shall
terminate two years from said execution date. This Agreement can
be renewed for two years by mutual consent of both parties and
upon review of the program. This Agreement may be terminated at
any time by either party, without cause, upon the giving of
thirty (30) days advance written notice. Otherwise, said
3
agreement shall be in effect from July 1, 1995, through June 30,
1997.
IN WITNESS WHEREOF, the authorized officers of the
respective parties have hereunto set their hands and seals.
FOR THE CITY OF SAN LUIS OBISPO
Allen Settle
Mayor
APPROVED AS TO FORM:
4
FOR ASI
-- P1 I
.G�A N A
Polly Ha igan
Executive irector
ATTEST:
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MEMO
EO
8427
RESOLUTION NO. (1995 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION,
THEREBY APPROVING USE PERMIT A 35 -95 TO ALLOW
REPLACEMENT OF ONE NONCONFORMING USE WITH ANOTHER
NONCONFORMING USE (PSYCHIC ADVISER'S OFFICE)
AT 1556 MONTEREY 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 public testimony, the
appellant's request and statements, and the Planning Commission's recommendations, staff
recommendations, public testimony, and reports thereof, denies the appeal, based on 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.
2. The use is appropriate at the proposed location and will be compatible with surrounding
land uses since it is a small -scale business with limited hours of operation.
3. The proposed use conforms with the general plan and meets zoning ordinance
requirements.
4. The proposed use is exempt from environmental review.
5. The proposed use will have similar or less severe impacts on its surroundings, in terms
of noise, traffic, parking demand, hours of operation and visual incompatibility, than the
previous use of an antique shop and decorator design center.
SECTION 2. Action. Use Permit A 35 -95, to allow replacement of one nonconforming
use with another nonconforming use (psychic adviser's office), is hereby approved, subject to
the following conditions.
1. Signage shall be limited to one wall sign, not exceeding 8 square feet in area, and one
freestanding sign, not to exceed 24 square feet in area or 6 feet in height. The design
of the proposed signs shall be to the approval of the Community Development Director.
R -8427
City Council Resolution No. 8427 ( 1995 Series)
Page 2
2. The site shall be maintained in a neat and orderly manner. All plant materials shall be
maintained and replaced as needed.
3. The use shall cease by 9:00 p.m. daily.
On motion of Council Member Williams - seconded by Vice Mayor Romero
and on the following roll call vote:
AYES: Council Members Williams, Romero, Roalman, Smith and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 6th day of June 1995.
Mayor Allen K. Settle
ATTEST:
�
0
1 Clerk Diane R. #adwell
APPROVED:
L: \RFS\A35- 95N.APL
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lk
RESOLUTION NO. 8426 (1995 Series)
AUTHORIZATION OF EMERGENCY BID PROCED'
FOR COMPLETION OF SANTA ROSA PARR
(CITY PROJECT NO. 93 -43B)
WHEREAS, Complete Development Services has been declared to be
in default on the Santa Rosa Park Renovation Project (City Project
No. 93 -43B); and
WHEREAS, the incomplete status of Santa Rosa Park exposes the
City to liability and will present an unsafe condition during
construction completion; and
WHEREAS, the end of the 1994 -95 school year in mid -June means
that significantly more children will be playing at Santa Rosa Park
and will be exposed to the unsafe construction completion
conditions; and
WHEREAS, complying with the competitive bidding process will
result in a significant delay of completion of the Santa Rosa Park
project and corresponding delay in finishing the project close to
the end of the school year and preventing an unsafe condition at
Santa Rosa Park;
NOW, THEREFORE, BE IT RESOLVED, The City Council of the City
of San Luis Obispo does hereby find that an emergency condition
exists at Santa Rosa Park necessitating the elimination of the
formal competitive bid solicitation process. The City
Administrative Officer is hereby authorized to accept the lowest
competitive bid, to be selected after an informal project walk -
through and bid submission process.
Upon motion of Council Member Smith , seconded by _
Council Member Williams , and on the following roll call vote:
Ayes: Council Members Smith, Williams, Roalman, Romero and Mayor Settle
Noes: None
Absent: None
the foregoing resolution was adopted this 6th day of June ,
1995.
ATTEST: Mayor Allen Settle
.
it Clerk Diane R.Fladwell
R -8426
Resolution No.
Page Two
APPROVED:
8426
OJFJ
i
or y
• -
(1995 Series)
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RESOLUTION NO. 8425 (1995 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO ADJUSTING COMPENSATION
FOR THE CITY CLERK AND RESCINDING RESOLUTION
NO. 8298 (1994 SERIES) IN CONFLICT
WHEREAS, by Resolution No. 8048 (1992 Series), the City Council appointed Diane Gladwell
as City Clerk; and
WHEREAS, the City Council has evaluated compensation factors for the City Clerk in
accordance with the Management Compensation Plan for Appointed Officials et.al. (Resolution No.
8412 - 1995 Series);
NOW; THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. All compensation and benefits afforded the City Clerk under the Appointed
Officials Compensation Plan Resolution No. 8412 - 1995 Series), and the City Clerk Employment
Agreement (Resolution No. 8048 - 1992 Series) shall remain in full force and effect with the following
modification: In the event Ms. Gladwell's employment is terminated by the Council, or she resigns at
the request of a majority of the Council, during such time that she is otherwise willing and able to
perform the duties of City Clerk the City agrees to pay her a lump sum cash payment equal to six (6)
months compensation (salary and all appointed officials fringe benefits). In the event that she is
terminated for good cause then the City shall have no obligation to pay the lump sum severance
payment mentioned above. For the purpose of this Agreement, "good cause" shall include, but not
necessarily be limited to any of the following:
(1) a material breach of the terms of this Agreement;
(2) misfeasance;
(3) malfeasance;
(4) a failure to perform her duties in a professional and responsible manner
consistent with generally accepted standards of the profession;
(5) conduct unbecoming the position of City Clerk or likely to bring discredit or
embarrassment to the City.
"Good cause" shall not mean a mere loss of support or confidence by a majority of the Council. In the
GLOC
Resolution No. 8425 (1995 Series)
Page 2
event Ms. Gladwell voluntarily resigns her position with the City, she shall give the Council at least one
(1) month advance written notice.
SECTION 3. The City Council shall evaluate the performance of the City Clerk annually.
On motion of Council Member Smith seconded by Council Member Williams
and on the following roll call vote:
AYES: Council Members Smith, Williams, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 6th day of June , 1995.
MAYOR ALLEN SETTLE
ATTEST:
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APPROVED AS TO FORM:
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