HomeMy WebLinkAbout01/18/2000, 2 - LEGAL RIGHT OF PERSONS WITH DISABILITIESwt
CITIZENS FOR SAFE ACCESS
TO ESSENTIAL SERVICES
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COMPLAINT, LAWS, and PETITION SUBMITTED December 8, 1999
to the city of San Luis Obispo's PUBLIC WORKS /TRANSIT DIVISION
1. Legal rights of Persons with Disabilities: supplied by the
California Attorney General's office.
A Laws pertaining to ACCESSIBILITY
B it " " DISCRIMINATION
C if " " FILING COMPLAINT
2. MAP REVEALING: NO LEGAL CROSSWALK (six tenths mile perimeter
of HOUSING FACILITY
3. CITIZEN'S LETTER: MARIE BOLING: Need for CROSSWALK and WARNING
SIGN
w. NEWS RELEASE: Unsafe Crossing, Discrimination, etc.
** 5. FIFTEEN PAGES OF SIGNED PETITIONS
Copies en route to:
KAREN CRAIG Submitted by:
ADA Compliance Coodinator CITIZENS for SAFE ACCESS
3. T.. C,. County District Attorney
B. Willow Kelley, M.S.
BILL LOCKEYER 1121 Orcutt Road #69
California Attorney General San Luis Obispo, CA 93401
(805) 543- 6449
i
Legal Ivights. Of#Pe'rsons
th Disabilities
B. Mass Transit and Intmate IMMMdagm
5
1. State Law
a. Ability of Equipment and Structures
California law provides that state agencies, boards, and departments, local governmental
subdivisions, districts, public and quasi -public ,corporations, local public agencies and
public service . corporations, cities, counties and °municipal corporations in awarding
contracts for operations, equipment or structures shall require that all fixed -route transit
equipment and public transit structures be built so that i ffi with disabilities shall
have ready access to, from, and in them. (Gov. Code, § 4 ; 70 Cal. Ops. Atry Gen. 70
(1987.).
Section 99220 'of the Public Utilities Code sets forth a legislative finding that since public
transportation systems provide an essential public service they should be designed an4
operated so as to encourage maximum utilization by handicapped persons. A "handicapped
spaces of a building or facility. Interior acces-
sible routes may include corridors, floors,
ramps, elevators. lifts, and clear floor space at
fixtures. Exterior accessible routes may include
parking access aisles, curb ramps, crosswalks
at vehicular ways, walks, ramps, an s. `-`
-
(1) At--lcast one=acczssible route within tM
oc1;cct�y a the- site-shall be provided from
public transportation stops accessible parking.
anMd access b e passenger loading zones, and
public streets or sidewalks to the accessible
building entrance they serve. The accessible
route shall. to the maximurn extent feasible.
ccuictde. with the routefor the general public. —� „
ADA ACCESSi31k7TY GW LIWES:
2. State and Local Governments
The ADA provides that no qualified individual with a disability shall be excluded from
participation in, or denied the benefits, services, programs, or activities of a public entity.
Also, a public entity may not discriminate in any other manner against an individual due
to a disability. This means that no state or local government, governmental agency, or .�
other instrumentality of government may discriminate upon the basis of a disability where QJ�
the-individual is otherwise qualified to receive a benefit or service or to participate in a
program. (42 U.S.C. §§ 12131, 12132.) It is considered discrimination under the ADA
for a governmental organization to fail to provide physical access for disabled individuals
to its buildings and facilities public transportation services, and other services. b P"' r✓
State and local governments must provide access to their facilities and services. There are
no exceptions to this rule. However, a state or local government does not necessarily have
to make every facility accessible. If alterations would threaten the historic nature of a
facility, fundamentally alter the nature of a service or program, or present an undue
financial or administrative burden, then other methods of compliance may be used. A state
or local government may satisfy this requirement in several ways by:
• making structural modifications;
• reassigning services to accessible sites;
• making home visits;
• using accessible rolling stock;
• using other methods that provide access.
(28 C.F.R. § 35.150 (b).)
If you feel that you are being discriminated against by a state or public entity, you may file
a complaint with the United States Department of Justice. The U.S. Attorney General will
either investigate the complaint or will refer your complaint to an appropriate government
agency. If the complaint cannot be resolved, then the U.S. Attorney General may file a
civil action to force the state or public agency to comply. You may also file your own
lawsuit, and you will be entitled to attorney's fees if you prevail. (42 U.S.C. § 12133; 28
C.F.R. § 35.170 et seq..)
California also provides complaint and enforcement procedures through the Department
of General Services, the California Attorney General, district attorneys, and city attorneys.
(See subpart C of this section below.)
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Information Press
New Times
Telegram Tribune
Womens' Press
■i70M YY .l - ' .OT�j. tic:
N' E W S R E L E A S E
18 December 1999
CRITICAL NOTICE: Dan Mayfield fell out of his wheel chair into
40 M.P.H. traffic to catch a city bus at Orcutt Road "Oceanaire Stop "! NO
LEGAL CITY CROSSWALK YET)TO PROTECT HIM AND DOZENS OF OTHERS. Whose
political interests served here on the S.L.O. City - Orcutt- Corridor
to exurbia -- "Wine or Life " -; Edna Valley vinters, or legal rights to
life and safety? ATTEND City Transit Meeting. December 8. 1999, 1:30
P.M. at City Hall. Lend your voice...
Editor Nota Bene: Inexorably, exurbia's expansionistic traffic
negatively impacts our Orcutt Road neighborhood. This, coupled with inept
city - sprawl planning, cum discrimination, against disabled people
living at Marvin Gardens, gives impetus for our petitioning
government to provide IMMEDIATELY a "mandated" crosswalk! (to .date we
have 11 pages of signed petitions.)
CC:
Allen Settle, Mayor
CITIZENS FOR SAFE ACCESS
b. Zca� �f -��'•Y
B. Willow Kelley, MS /Scribe
Jeff Jorgenson, City Atty. (805) 543 -6449
SLO Non - Profit Housing Foundation
Brandon Farley, Public Works /Transit
Karen Jenny, City Risk Mgr.
Architectural and Transportation Barriers Complaint Board
Lois Capps, Congressperson
Et. Cetra...
AF E -
RR : bwk +nGE SJ
11191
1002 Orcutt Road, Apartment
San Luis Obispo, California
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C ITIZnNS PETITION FOR SAFE ESS /� ✓�
5 acca,00w
Without protection of pedestrian cross walks and traffic slow -down
warning signs for 1090 and 1092 Orcutt Road,-we disabled residents of Marvin
Gardens Housing Complex, many navigating in manual wheel chairs without help of
attendants , experience extreme danger and discrimination while trying
to access public transit. The Americans With Disabilities Act's "least
restrictive clause" (Fed. Civil Code. Health and Safety, 1990, § 11,000-
12,0001 mandates "same protections. "...: Public Schools, Hospitals, Down-
town Shoppers have MARKED CROSSWALKS, AND REDUCED SPEED ZONES. WE SHOULD
T00!!
Out -of- control, unpatrolled speeding drivers deny us Life, Liberty, and
Pursuit of Happiness. We hold government entities listed herein libel and
negligent until they rectify this situation...
1.
2.
3.
4.
5.
6
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Government Agencies Nota Bene:
1. SLO Public Works
2. Transit Authority
3. Mayor Allen Settle
4. City Counsel
5. Congress person Lois Capps
6. Senator Barbara Boxer
r�
f� 99 E= pwM e
........ .............
'Signed by Residents and Neighbors
S E
ACOS�
(t)
ITIrcNS PETITION FOR SAFE 8CESS
Without protection of pedestrian cross walks and traffic slow -down
warning signs for 1090 and 1092 Orcutt Road,-we disabled residents *of. Marvin
Gardens Housing Complex, many navigating in manual wheel chairs without'help of
attendants experience extreme danger and discrimination while trying
to access public transit. The Americans With Disabilities Act's "least
restrictive clause" [Fed. Civil Code. Health and Safety, 1990, § 11,000-
12,000] mandates "same protections.. "...: Public Schools, Hospitals, Down-
town Shoppers have MARKED CROSSWALKS, AND REDUCED SPEED ZONES. WE SHOULD
TOO! !
Out -of- control, unpat_rolled speeding drivers deny us Life, Liberty, and
Pursuit of Happiness. We hold government entities listed herein libel and
negligent until they rectify this situation...
2.
3.
4.
5.
6.
7.
Government Agencies Nota Bene:
1. SLO Public Works
2. Transit Authority
3. Mayor Allen Settle
4. City Counsel
5. Congress person Lois Capps
/'�► 6. Senator Barbara Boxer
�1 99
#Signed by Residents,
fc/q
,eighbors *
ITIZENS PETITION FOR SAFE :LESS
Without protection of pedestrian cross walks and traffic slow -down
warning signs for 1090 and 1092 Orcutt Road, we disabled residents of Marvin
Gardens Housing Complex, many navigating in manual wheel chairs without help of
attendants , experience extreme danger and discrimination while trying
to access public transit. The Americans With Disabilities Act's "least
restrictive clause" [Fed. Civil Code. Health and Safety, 1990, § 11,000-
12,000] mandates "same protections "...: Public Schools, Hospitals, Down-
town Shoppers have MARKED CROSSWALKS, AND REDUCED SPEED ZONES. WE SHOULD
TOO!!
Out -of- control, unpatrolled speeding drivers deny us Life, Liberty, and
Pursuit of Happiness. We hold government entities listed herein libel and
negligent until they rectify this situation...
NAME ADDRESS PHONE /FAX DATE
61/, d7e- 20 Q� 5Z L
F �
2. QAUTiYI /�
3.
5 75 :J"16 lN- TFMPCf *O ✓ (4-13`'I6S x/37
6. -
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Government Agencies Nota Bene:
1. SLO Public Works
2. Transit Authority
3. Mayor Allen Settle
4. City Counsel
5. Congress person Lois Capps
6. Senator Barbara Boxer
�( 99
# Signed by Residents
hbors
A�E.SS.
TIZENS PETITION FOR SAFE WESS
Without protection of pedestrian cross walks and traffic slow -down
warning signs for 1090 and 1092 Orcutt Road, -we disabled residents of Marvin
Gardens Housing Complex, many navigating in manual wheel chairs without help of
attendants , experience extreme danger and discrimination while trying
to access public transit.. The Americans With Disabilities Act's "least
restrictive clause" [Fed. Civil Code. Health and Safety,. 1990, § 11,000-
12,000] mandates "same protections. "...: Public Schools, Hospitals, Down-
town Shoppers have MARKED CROSSWALKS, AND REDUCED SPEED ZONES. WE SHOULD
T00!!
Out -of- control, unpatrolled speeding drivers deny us Life, Liberty, and
Pursuit of Happiness. We hold government entities listed herein libel and
negligent until they rectify this situation...
NAME
2.
0•
6. fjj h u.
7.
10 4,
1►�, -
ADDRESS
PHONE /FAX
112
it A
DATE
10 11c�V q q
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Government Agencies Nota Bene: # Signed by Residents and Neighbors -i
1. SLO Public Works
2. Transit Authority
3. Mayor Allen Settle bAGE 4. City Counsel 5. Congress person Lois Capps (6. Senator Barbara Boxer
,j 99
9
ITIZENS PETITION FOR SAFE #ESS
Without protection of pedestrian cross walks and traffic slow -down
4
warning signs for 1090 and 1092 Orcutt Road,-we disabled residents of Marvin
Gardens Housing Complex, many navigating in manual wheel chairs without help of
attendants experience extreme danger and discrimination while trying
to access public transit. The Americans With Disabilities Act's "least
restrictive clause" [Fed. Civil Code. Health and Safety,. 1990, § 11,000-
12,000) mandates "same protections.`...: Public Schools, Hospitals, Down-
town Shoppers have MARKED CROSSWALKS, AND REDUCED SPEED ZONES. WE SHOULD
T00!!
Out -of- control, unpatrolled speeding drivers deny us Life, Liberty, and
Pursuit of Happiness. We hold government entities listed herein libel and
negligent until they rectify this situation...
NAME ADDRESS
PHONE /FAX
DATE
2 Jz g149',- 1 �'2 r]r2G(Jr
r
-662
V e -Q
4.
21
8 . C_a.-r: _ 0 &,r. .._Y, I i l 1 -)0.l t o_'�-• Q .-iQ .i �i I lJ ! t ► i G�i
Government Agencies Nota Bene:
1. SLO Public Works
2. Transit Authority
3. Mayor Allen Settle
4. City Counsel
5. Congress person Lois Capps
6. Senator Barbara Boxer
)l99
#Signed by Residents and Neighbors
�A E
Q�E,SS�
I
ITI�,rNS PETITION FOR! SAFE CESS
Without protection of pedestrian cross walks and traffic slow -down
warning signs for 1090 and 1092 Orcutt Road, 'we disabled residents of Marvin
Gardens Housing Complex, many navigating in manual wheel chairs without help of
attendants , experience extreme danger and discrimination while trying
to access public transit. The Americans With Disabilities Act's "least
restrictive clause" (Fed. Civil Code. Health and Safety, 1990, § 11,000-
12,000] mandates "same protections"...: Public Schools, Hospitals, Down-
town Shoppers have MARRED CROSSWALKS, AND REDUCED SPEED ZONES. WE SHOULD
TOO!!
Out -of- control, unpatrolled speeding drivers deny us Life, Liberty, and
Pursuit of Happiness. We hold government entities listed herein libel and
negligent until they rectify this situation...
1.
3.
4.
5.
6.
7.
s.
AME ADDRESS '7 PHONE /FAX
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Government Agencies Nota Bene: 4 Signed by Residents and Neighbors i
1. SLO Public Works 1
2. Transit Authority
3. Mayor Allen Settle rESIV
4. City Counsel 5. Congress person Lois Capps 6. Senator Barbara Boxer
r)1 91
'ITI� NS PETITION FOR SAFE WCESS
Without protection of pedestrian cross walks and Crarf.i.c slow -down
warning signs f-or 1090 and 1092 Orcutt Road,-we disabled residents of Marvin
Gardens Housing Complex, many navigating in manual wheel chairs without. help of
attendants , experience extreme danger and discrimination while trying
to access public transit. The Americans With Disabilities Act's "least
restrictive clause" [Fed. Civil Code. Health and Safety, 1990, § 11,000-
12,0001 mandates "same protections.. "...: Public Schools, Hospitals, Down-
town Shoppers have MARKED CROSSWALKS, AND REDUCED SPEED ZONES. WE SHOULD
TOO!!
Out -of- control, unpatrolled speeding drivers deny us Life, Liberty, and
Pursuit of Happiness. We hold government entities listed herein libel and
negligent until they rectify this situation...
NAME ADDRESS
\ r111iA tjjj�N Pr&,I E
2.
0
go
�6n c(z�
mraN
.. J %,yc -// 2/ oRcu rl Po
Government Agencies Nota Ben-e—:
,
1. SLO Public Works
2. Transit Authority
3. Mayor Allen Settle
4. City Counsel
S. Congress person Lois Capps
6. Senator Barbara Boxer
)(99
T
P!1ONE /FAX DATE
7 y,7/k
�� ��7 14 ��
' 54: -6 /ff J�'- // =
7,Y /j
* Signed by Residents and Neighbors #
SA E
AU�SS/�
^.IT.L :e, NS PETITION FOR SAFE ICEss
Without protection of pedestrian cross walks and traffic slow —down
warning signs for 1090 and 1092 Orcutt Road, 'we disabled resi.d ents* of Marvin
Gardens Housing Complex, many navigating in manual wheel chairs without help of
attendants , experience extreme danger and disc ri.m.i.net.i.on while trying
to access public transit. The Americans With Disabilities Act's "least
restrictive clause" [Fed. Civil Code. Health and Safety, 1990, § 11,000-
12,000] mandates "same protections. "...: Public Schools, Hospitals, Down-
town Shoppers have MARKED CROSSWALKS, AND REDUCED SPEED ZONES. WE SHOULD
TOO!!
Out —of— control, unpatrolled speeding drivers deny us Life, Liberty, and
Pursuit of Happiness. We hold government entities listed herein libel and
negligent until they rectify this situation...
NAME ADDRESS P!!ONE /FAX DATE
1 . 1110,W O�(-j1f1 W1) �V%3 -OZ 0 99
2
V
_�raic l- cJheele� X705 5_oc4hwec)c� S`lG -o ,5J/
5. �h� ► � ` ►1 IG ion 2 Oro.L44 Zq4 IT q - z�
6. j 1?co --I�
7. OUO b c .& ro �� U 13 SLd Sys iy3z /r�.&I99
E.
Government Agencies Nota Bene:
1. SLO Public Works
2. Transit Authority
3. Mayor Allen Settle
4. City Counsel
5. Congress person Lois Capps
1 6. Senator Barbara Boxer
�1 99
1-1`1
1.,,, 111,3 11-lzl-i y
#Signed by Residents an fl Neighbors
SA
AG�S1
.:ITIZENS PETITION FOR SAFE ICESS
Without protection of pedestrian cross walks and traffic slow -down
warning signs for 1090 and 1092 Orcutt Road,-we disabled residents of Marvin
Gardens Housing Complex, many navigating in manual wheel chairs without help of
attendants experience extreme danger and discrimination while tr.
to access public transit. The Americans With Disabilities Act's "least
restrictive clause" [Fed. Civil Code. Health and Safety,. 1990, § 11,000-
12,000] mandates "same protections "...:.Public Schools, Hospitals, Down-
town Shoppers have MARKED CROSSWALKS,.AND REDUCED SPEED ZONES. WE SHOULD
TOO!!
Out -of- control, unpatrolled speeding drivers deny us Life, Liberty, and
Pursuit of Happiness. We hold government entities listed herein libel and
negligent until they rectify this situation...
NAME
1:
ADDRESS
,C. PHONE /FAX DATE
2.3�- Fas iA 11 -6- f
3. OS �AZc O S -0
4. iJ GW4qn 5q(r6N' % 3 11 15, qG
5.
6. Senator Barbara Boxer
r�n99.
kU
Government gencies Nota Bene:
# Signed
by Residents
and Neighbors #
1.
SLO Public Works
2.
Transit Authority
3.
Mayor Allen Settle
S4. "l
City Counsel
5.
Congress person Lois Capps
A r G( C n
6. Senator Barbara Boxer
r�n99.
-CIT, N'S PETITION FOR SAFE ICESS
Without protection of pedestrian cross walks and traffic slow -down
warning signs f-or 1090 and 1092 Orcutt Roid,'we disabled resi.d en t: s* of Marvin
Gardens Housing Complex, many navigating in manual wheel chairs wiLhout.'help of
attendants , experience extreme danger and disc rimi.naLi.on while trying
to access public transit. The Americans With Disabilities Act's "least
restrictive clause" [Fed. Civil Code. Health and Safety, 1990, § 11,000-
12,000] mandates "same protections. "...: Public Schools, Hospitals, Down-
town Shoppers have MARKED CROSSWALKS, AND REDUCED SPEED ZONES. 'WE SHOULD
TOO!!
Out -of- control, unpatrolled speeding drivers deny us Life, Liberty, and
Pursuit of Happiness. We hold government entities listed herein libel and
negligent until they rectify this situation...
1.
2.
3.
4.
6.
7.
8.
NAME ADDRESS PHONE/FAX DATE
m-15 -1�y
5 . _ ��� =�� 1l 2 / iZ( r, iii Z/2 z
Government Agencies Nota Ben—e:-
1. SLO Public Works
2. Transit Authority
3. Mayor Allen Settle
4. City Counsel
5. Congress person Lois Capps
j 6. Senator Barbara Boxer
PA 1 99
�7
�1 f
) K If - /7`Ff
# Signed by Residents andNeighbors
SA E
CE�SS A�
CITI,..NS PETITION FOR SAFE MSESS
Without protection of pedestrian cross walks and traffic slow -down
warning signs for 1090 and 1092 OrcutL Road, we disabled residents *oF Marvin
Gardens (lousing Complex, many navigating In manual wheel chairs without ' help of
attendants experience extreme danger and discrimination while trying
to access public transit. The Americans With Disab.i.li. ties Act's "least
restrictive clause" [Fed. Civil Code. Health and Safety, 1990, § 11.,000-
12,000] mandates "same protections "...: Public Schools, Hospitals, Down-
town Shoppers have MARKED CROSSWALKS, AND REDUCED SPEED 7,ONES. WE SHOULD
TOO!!
Out -of- control, unpatrolled speeding drivers deny us Life, Liberty, and
Pursuit of Happiness. We hold government entities listed herein libel and
negligent until they rectify this situation...
NAME ADDRESS
2.
10
3. C H -1 CJFC
4. 1 p R C
5._L� 17� 1
6.
. -.lzjr�
8. „ .���,.✓ / S S /tom �.fil.
Government Agencies Nota Bene:
I. SLO Public Works
2. Transit Authority
3. Mayor Allen Settle
4. City Counsel
S. Congress person Lois Capps
A 6. Senator Barbara Boxer
99
PHONE /FAX ATE
- ? i z
V) vZa 1/11
C?s 1( -/ /-71
Signed by Residents and Neighbors #
CITlz. ENS PETITION FOR SAFE I CESS
Without proLecLioii of pedestrian cross walks and traffic slow -down
warning signs for 1090 and 1092 Orcutt Road,,we disabled residents9- of Marvin
Gardens Housing Complex, many navigating in manual wheel chn.irs wi.l.hout. help of
attendants , experience extreme danger and discrimination wh.il.e trying
to access public transit. The Americans With Disabilities Act's "least
restrictive clause" [Fed. Civil Code. Health and Safety, 1990, § 11,000-
12,000] mandates "same protections.. "...: Public Schools, Hosp.iLals, Down-
town Shoppers have MARKED CROSSWALKS, AND REDUCED SPEED ZONES. WE SHOULD
TOO!!
Out -of- control, unpatrolled speeding drivers deny us Life, Liberty, and
Pursuit of Happiness. We hold government entities li.sted.herei.n libel and
negligent until they rectify this situation...
NAM, ADDRESS P11ONE /FAX DATE
1 . az .S , a0 -' ay ao Igo
27V /7
. 2G ���� Q SaNS
z
3 2.q
a
6gi'v��O a l � -S
4.� la �c� d # o
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Government Agencies Nota Bene:
I. SLO Public Works
2. Transit Authority
3. Mayor Allen Settle
4. City Counsel
5. Congress person Lois Capps
6. Senator Barbara Boxer
91
# Signed by Residents and Neighbors
.SA E
ACE�SS�
CIT, DNS PETITION FOR SAFE CESS
Without
protection
of pedestrian cross walks
and t:rarfi.c:
slow -down
warning signs
f'or 1090 and
1092 Orcutt Road, -we disabled
residents *oF
Marvin
Gardens housing Complex, many navi.gati.ng in manual wheel chairs without help of
attendants experience extreme danger and di.scri.mi.nnti.on while trying
to access public transit. The Americans With Di.sabillti.es Act's "least
restrictive clause" [Fed. Civil Code. Health and Safety, 1.990, § 11,000-
12,000) mandates "same protections. "...: Public Schools, Hospitals, Down-
town Shoppers have MARKED CROSSWALKS, AND REDUCED SPEED ZONES. WE SH0'ULD
TOO!!
Out -of- control, unpatrolled speeding drivers deny us Life, Liberty, and
Pursuit of Happiness. We hold government entities listed herein libel and
negligent until they rectify this situation...
NAME ADDRESS PHONE /FAX DATE
kcz
l
2 . Sel 1-/X- in SiLl, uW1 �u '�4 3 —� r r L
3. � � �. j l �jI�'u'�. I— ;��-- 5y3AR58 11 —J7 -91
5 : s -�3 << 6 . /1 NV . 13 q5 Vt,�M 4 —j l
. l nom, 6Y-3-00
At ' ,OSO�5���� a�
Government Agencies Nota Bene:
1. SLO Public Works
2. Transit Authority
3. Mayor Allen Settle
4. City Counsel
5. Congress person Lois Capps
j� 6. Senator Barbara Boxer
,` 99
#Signed by Residents .SaA d Neig h g1/hbo� rs4 nACE
"ITIi,t�NS PETITION FOR SAFE. I ESS
Without protection of pedestrian cross walks and traffic slow -down
warning signs for 1090 and 1092 Orcutt Road, 'we disabled resi dents *of Marvin
Gardens Housing Complex, many navigating in manual wheel chairs w:iLhout help of
attendants , experience extreme danger and discrimi.nati.on while trying
to access public transit. The Americans With Disabilities Act's "least
restrictive clause" [Fed. Civil Code. Health and Safety, 1990, § 11,000-
12,000] mandates "same protections. "...: Public Schools, Hospitals, Down-
town Shoppers have MARKED CROSSWALKS, AND REDUCED SPEED ZONES. WE SHOULD
TOO!!
Out -of- control, unpatrolled speeding drivers deny us Lire, Liberty, and
Pursuit of Happiness. We hold government entities listed herein libel and
negligent until they rectify this situation...
2.
3.
4.
5.
NAME ADDRESS PHONE /FAX DATE
L141 MOMi//o-fi IZ,_5SOrcvtt R1, / 5Z J q(/ fl-o 11 1;7-1 I"/ Ot
Q y r
6. L1� i-, : �,e� -..� a-.K .e. , a s 5 6A c. t- i X- d. s. L. o . / / /-z / % 9 9
7.
Government Agencies Nota Bene:
I. SLO Public Works
2. Transit Authority
3. Mayor Allen Settle
4. City Counsel
5. Congress person Lois Capps
I 6. Senator Barbara Boxer
)1 93
-" --� /.L�rJ1lJ�►1
# Signed by Residents and Neighbors
.SA E
ACE1%�
rIT1__,NS PETITION FOR SAFE ICESS
lqw
Without protection of pedestrian cross walks and traffic slow -down
warning signs for 1090 and 1092 Orcutt Road, we disabled residents *of Marvin
Gardens Housing Complex, many navigating in manual wheel chairs without help of
attendants experience extreme danger and discrimination while trying
to access public transit. The Americans With Disabilities Act's "least
restrictive clause" [Fed. Civil Code. Health and Safety, 1990, § 11,000-
12,0001 mandates "same protections. "...: Public Schools, Hosp.i.tals, Down-
town Shoppers have MARKED CROSSWALKS, AND REDUCED SPEED ZONES. WE SHOULD
TOO!!
Out -of- control, unpatrolled speeding drivers deny us Li.fe, Liberty, and
Pursuit of Happiness. We hold government entities listed herein libel and
negligent until they rectify this situation...
NAME , ADDRESS PJ10NE/FAX nATF.
1
2.
3.
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4. �Tio S �' z ti A 4,107 11 —�' 0 7-1 4 R�
5. S"U " IkWS l l2r DRc" U Z 11 —Z7 -9
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6. DA\)6 T\i kerZ 10-1 o zu* kA Sp ��- 5q6-q 11-27_9c
Government Agencies Nota Bene:
1. SLO Public Works
2. Transit Authority
3. Mayor Allen Settle
4. City Counsel
5. Congress person Lois Capps
6. Senator Barbara Boxer
n
)� 99
ZI
I � T - l 1 -77- (l
*Signed by Residents anal Neighbors #
SA E
AC��1� ,
?TIhzNS PETITION FOR SAFE I` ESS
Without protection of pedestrian cross walks and traffic slow -down
warning signs for 1090 and 1092 Orcutt Road,-we disabled residents *of Marvin
Gardens Housing Complex, many navigating in manual wheel chairs without'help of
attendants , experience extreme danger and discrimination while trying
to access public transit. The Americans With Disabilities Act's "least
restrictive clause" [Fed. Civil Code. Health and Safety, 1990, § 11,000-
12,000] mandates "same protections. "...: Public Schools, Hospitals, Down-
town Shoppers have MARKED CROSSWALKS, AND REDUCED SPEED ZONES. WE SHOULD
TOO!!
Out -of- control, unpatrolled speeding drivers deny'us Life, Liberty, and
Pursuit of Happiness. We hold government entities listed herein libel and
negligent until they rectify this situation...
NAMEADDRESS PHONE/FAX DATE
ti !' d U 1j �%g a
3
5.
6.
7.
8.
Government Agencies Nota Bene:
1. SLO Public Works
2. Transit Authority
3. Mayor Allen Settle
4. City Counsel
5. Congress person Lois Capps
n 6. Senator Barbara Boxer
A
#Signed by Residents and Neighbors
SA E
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4. iIZcE
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5.
6.
7.
8.
Government Agencies Nota Bene:
1. SLO Public Works
2. Transit Authority
3. Mayor Allen Settle
4. City Counsel
5. Congress person Lois Capps
n 6. Senator Barbara Boxer
A
#Signed by Residents and Neighbors
SA E
January 18, 2000
To: Mayor and City Council
From: Jan Howell Marx
Re: San Luis Obispo County Genealogical Library
MEETING AGENDA
DATE -I � rod imw # �►+itti,i�
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13
Cheryl Storton, of the San Luis Obispo County Genealogical Society has asked the City Council to help
find a new home for the Society's Library. It is a 7,000 volume library, which includes many original San
Luis Obispo documents, as well as two computers full of local and world wide history . The hbrary is
staffed and financed by volunteers. It has been housed in the Atascadero Administration for 30 years, but
has been asked to leave on very short notice. The society needs to find a 600 to 800 square foot home for
its collection by the end of February.
In my opinion, this unfortunate situation also is a wonderful opportunity for the City of San Luis Obispo
to bring this asset into our city. It is a natural complement to the Historical Museum, and the two belong
together. It makes sense to make this resource available to tourists and residents alike. The search for
family roots is not only a wholesome hobby, but also contributes to local history and brings visitors to a
City.
Throughout the country, genealogical/local history libraries are located in public libraries. Of course, our
library is over crowded at present But perhaps an adobe or another historical building could be
designated as a long term solution. But, what short term temporary solutions could the city facilitate.
I ask the Council to join with me in directing staff to call Cheryl Storton 489 -5457 and see how the city
can assist the society bringing its collection to this city.
Howell Marx
RECEIVED
JAN 18 2000
Sic Cj T Y CLERK
ut- tar -W 01 -18 -00
01 -18-00
-Crosswalk Policy Abandonment of Nipomo & Dana Abandonment of Nipomo & Dana
Agenda and Staff Report Letter Agenda & Staff Report
Ms. Bonnie Willow Kelley
1121 Orcutt
San Luis Obispo, CA 93401
Abandonment of Hill Street
Letter
Mary Mitchell- Leitcher
285 Crestmont Drive
San Luis Obispo, CA 93401
E.D.A.
1320 Nipomo Street
San Luis Obispo, CA 93401
Abandonment of Hill Street
Agenda & Staff Report
, ._B y Camp
/P.O. Box 1858
San Luis Obispo, CA 93406
E.D.A.
Attn: Linda Richardson
1320 Nipomo Street
San Luis Obispo, CA 93401
MLCTING AGENDA
DATE I'--1_°_iiE�ii �.iaison�
�
LMSION REPORT 9COUNCIL 0 DIR
RCAO
[TACAO ❑ FI'
Date: January 8, 2000 ffATTORNEY ❑ F'i:
RtLERVORIG ❑ POL!C : C::=
❑ MGMT TEAM ❑ REC DIR
To: Dave Romero, Pr i t, Channel Counties Division WC Er e o UTIL DIR R '
Council Memo Ewan, Jan Howell Marx and Mayor
From Ken Schwartz ,
Copies: John Dunn, Jeff Jorgensen and Ken Hampian
Re: LCC Revenue & Taxation Committee meeting, January 7d, Los Angeles
This was the first quarterly meeting of the R & T committee for 2000 so there was a bit
of time spent with introductions and orientation for new members. The committee is
made up of about 60 representatives of League Divisions and Departments; e.g.: Finance,
Managers, etc., and Affiliate (4) and League President (10) appointments. Bill Traylor,
Council Member from Buellton also represents the Channel Counties Division.
Interestingly, only about 10 members are new to the committee this year, which should
help with continuity of knowledge that goes with the serious revenue issues before the
committee.. Should you or members of the Council wish a list of the membership, give
me a call otherwise I won't burden you with more reading.
I am, however, attaching FYI a year 2000 Legislative Calendar. If any of us has some
serious ideas regarding prospective new legislation, we need to be mindful of these dates.
The remainder ofthe 10:00 — 2:30 meeting was spent on the following business items:
(1) Work Prog�
After debating and amending a staff proposal, the Committee adopted a year 2000
work program; briefly, it will consist of
1. FISCAL REFORM / CONSTITUTIONAL AMENDMENTS
2. TELECOMMUNICATIONS / INTERNET
3. MOINTORING THE FOLLOWING ISSUES:
a. Mandate implications of federal block grant program to states
b. Actions and activities of state Board of Equalization
c. Legislative and legal developments of Propositions 62 and 218
d. Legislative attempts to eliminatelreduce vehicle license fees
e. Changes to fees in response to 1999 booking administration fee
funding to cities
4. SUBCOMMITTEES
Will be formed on an as needed basis to address emerging issues
(2) Report of the League Special Task Force on Fiscal Reform
Fiscal reform has been a big issue in the Legislature. In the 1999 session legig RECEIVE D
was passed calling for the development .of a proposed constitution amendment o
JAN 1 0 2000
SLO CITY CLERK
Page 2
Restructure the state -local fiscal relationship. As a result the LCC Board appointed a
special task force to study the issues and formulate recommendations for addressing
some of the major problems in the state -local fiscal relationship in California. The
task force has identified the key problems thusly:
1. UWredictabft in City Revenues
2. Overreliance on the Sales Tax
3. Possible Effects on Land Use Decisions
4. Unfimded State Mandates
At the risk of oversimplification, one of the leading ideas that is coming out of all of
this is to Constitutionally protect all existing revenue sources of cities iachtdmg (but
not limited to) property tax, the Bradley -Bums sales tax, the vehicle license fee
(VLF) and the VLF backfill, the existing additional .5% countywide sales tax
authority (we have yet to use this in SLO Co.) and all other locally levied taxes.
A second serious recommendation being considered for inclusion in a Constitutional
amendment is to increase city reliance on property taxes. The current proposal is one
that would reduce sales taxes to cities by .S% in exchange for increasing property tax
paid to cities by. 5%. No one has as yet done the calculations to see who wins. And
debate continues as to whether sales tax should be distributed by the state on a per
capita basis or a silos basis. (For SLO city, it seems to me that sites is best for us.)
A third recommendation roundly supported by the R & T committee was a
recommendation to constitutionally reform and simplify the unfunded mandates
reimbursement process. Two of the procedures recommended which I very ankh
liked would require (a) that the state would provide payments for unfimded mandates
prior to their required implementation; and (b) place the burden of proof on state
government to demonstrate that a mandate is adequately funded. WOW!
(3) During our broad ranging debate on the details contained in the subjects listed above,
two items are worth noting:
1. Awalization of land uses
It was recognized by both staff and committee members that there is no definitive
research on this subject — it seems to be all subjective opinion. When the issue of
swapping .5% of sales tax for .5% of property tax, the broad consensus of the
committee was that there would likely be little if any change in the way cities
conducted themselves in changing land use zoning in order to accrue additional
revenues from property development.
2. e- commerce taxation
Joe Hilson, Council Member from Hayward, is generally considered to be the
LCC's chief guru on e- commerce. Joe sits on the Federal commission trying to
seek an answer (favorable to local government) to the perplexing e- commerce tax
question. Joe gave a brief but very discouraging report on progress. He appears
to believe that we are not going to see sales tax coming to government - local or
otherwise. As this unfair competition edge begins to dawn on what Joe calls the
Page 3
"brick and mortar" crowd (downtown merchants) there will be a huge ground
swell to abolish all sales taxes. He predicts that will happen and could be replaced
by a local income tax. Visualize how that will impact SLO and SLO County!!!
There is an irony here as well. Our sales tax is 6 %. The state takes 5 %, local
government gets I% - that should mean that the state should be 5 times as
interested in this e-mail and catalog sales tax business, but so it far hasn't lifted a
finger.
Joe mentioned that there is an interesting development taking place in Michigan
and North Carolina. Each of these states have inserted a line in their state income
tax forms requiring the tax payer to state the amount of taxes he/she has paid on e-
commerce and/or catalog sales. Roll the ramifications of that requirement around
in your head for a moment or two. How would you respond to that question if
such a lime were to appear in Cakifomia's Income Tax forms?
(4) R & T also made recommendations to the LCC Board regarding 6 propositions on the
upcoming March elections. We recommended support for Props 12, 13, 14, 15 & 16.
We recommended opposition to Prop 28.
Prop 12. Park Water and Coastal Protection Act; Prop_ 13._ Safe Drinking Water,
Clean Water, Watershed Protection and Flood Protection Act; Prop 14. Calif.
Reading and Literacy Improvement and Public Library Construction and
Renovation Bond Act of 2000; Prop 15. Crime Labs Construction Bond Act of
1999; Prop 16. Veterans' Homes Bond Act of 2000.
Prop 28. Repeal of Proposition 10 Tobacco Surtax.
(5) R & T also endorsed the Smart Growth Subcommittee's "Problem Statement."
I was a member ofthat subcommittee and I am attaching a copy of that statement for
you to glance over. To me, it came out pretty much as a God, Motherhood and Apple
Pie land of thing.
I will close by saying that I come away from these meetings very much impressed with
the dedication of the committee members and the League staff to this work Secondly, I
think that the revenue and taxation issues that wiIl be facing cities this year suggest that
our Council may have some very very serious work ahead of us.
Attachments (2)
TENTATIVE YEAR 2000 LEGISLATIVE CALENDAR
(Insert at Page 7 of "Navigating the Legislative Process ")
The following tentative calendar identifies key dates for the 2000 legislative session.
January. 3 Legislature reconvenes.
January 10 Budget for this year must be submitted by the Governor.
January 14 Last day for policy committees to hear and pass to fiscal committees fiscal
bills introduced in 1999.
January 21 Last day for any committee to hear and pass to the floor of the house of origin
bills introduced in 1999.
January 21 . Last day to submit language to Legislative Counsel.
January 31 Last day to pass any bill introduced in 1999 out of the house of origin.
February 25 Last day to introduce bills.
April 13 Legislature's spring recess begins.
April 24 Legislature reconvenes from spring recess.
April 28 Last day for policy committees to hear and pass to fiscal committees fiscal
bills introduced in their house in 2000.
May 12 Last day for policy committees to pass to the floor nonfiscal bills
introduced in their house.
May 26 Last day for fiscal committees to pass to the floor those bills introduced in
their house.
June 2 . Last day for bills introduced in 2000 to pass out of their house of origin.
June 15 Budget must be passed by midnight.
July 7 Last day for policy committees to meet and pass bills from other house.
Summer recess begins if state budget is passed.
August 7 Legislature reconvenes (assuming it has recessed).
August 18 Last day for fiscal committees to pass any bill to the floor.
August 31 Last day for each house to pass any bill. Legislature adjourns at midnight.
September 30 Last day for Governor to sign or veto bills passed by Legislature on or
before September 1 and in his possession after September 1. '
dates.doc
SMART GROWTH PROBLEM STATEMENT
(DRAT)
(AMENDED BASED UPON 12/10/ 99 MEETING)
The growth pressures of a thriving economy, combined with the development patterns in an
automobile- dominated culture, have increased the public discussion and debate about existing
patterns of land use. In short, there is general public concern development impacts, especially
in high - growth areas.of California. There is also a general lack of confidence that public officials
are planning and addressing land use issues in a coordinated and "smart" manner. Some of this
criticism is aimed at the following problems:
Low - density single- family housing onlaiger lots and automobile dominated commercial areas
and land use policies which compartmentalize uses have become the predominant trend. These
types of land uses increase. automobile dependency, traffic congestion, and the cost of providing
public infrastructure, which results in unnecessary losses in open space and agricultural land,
impacts the environment, and leads to fragmented communities that lack a specific identity and
sense of place. In addition, the lack of affordable, housing in the state's job - centers has resulted
in workers being forced to commute long distances, thus increasing traffic congestion,
environmental degradation, air pollution, and decreased family time and civic participation.
These land use patterns :and growth often drain public resources. Older inner cities and
established suburban city centers often struggle to retain existing business, improve deteriorated
schools, and repair crumbling public infrastructure.
Public concern with development impacts has expressed itself through; (1) pressure on city
councils to establish urban limit lines; (2) citizen -led local ballot initiatives designed to impose
growth caps and remove local land use authority; (3) legislative proposals to.inject state
supervision and control of local planning; and (4) possible future statewide ballot initiatives to
create additional Coastal Commission -type authorities to control land use in the Central Valley
and other high- growth areas of the state: All of these are warning shots. If local governments
are not proactive in addressing the underlying issues, local citizen initiatives, state ballot
initiatives, or the Legislature may impose laws removing local land use control and place it in
the hands of local voters, state agencies, or regional bodies.
The League of California Cities has established the Smart Growth Subcommittee to discuss these
issues and suggest ways for cities to be more proactive in.responding to these problems. Local
fiscal restructuring is a key ingredient to altering some of the problems that.result in existing land
use patterns, and is the highest priority of the League. However, there are also many other aspects
to problems associated with smart growth that can be addressed in conjunction with fiscal reform.
The subcommittee will provide its recommendations to League policy_ committees in the following
categories:
• (1) Strategies cities should implement themselves;
• . (2) Actions the League should take;
• (3) Actions the Legislature /state /federal.government should take; and
• (4) Recommendations for improving cooperation/coordination with other local and regional
governmental entities.
MOXIA :2 0
SLORTA
At its meeting of 1 /5 /00 SLORTA reviewed a performance indicator analysis prepared by a
consultant. This analysis points out areas of good performance and areas for improvement in
SLORTA operations.
Board Action
a) The Board directed further staff investigation to define the allocation approach for
overhead for the fixed route and demand responsive programs (the analysis showed
that overhead costs were higher for the fixed route system, which is contrary to all
expectations).
b) Staff was directed to review of means by which the cancellation and no -shows on the
Run -About system can be reduced. These represent approximately 1/3 of all reserved
trips and are quite expensive, thereby reducing efficiency of the system.
C) Staff was directed to bring back information in preparation for hiring a full -time
transit manager for the SLORTA system. For the approximately two years the
assistant manager has been trying to carry out both the manager and assistant
manager duties, resulting in insufficient oversight of operations. This
recommendation reflects the fact that SLO transit is also advertising to fill the
position.
SLOCOG
Highway 46
At its meeting of 1/5/00 SLOCOG reviewed a report from Caltrans regarding design and review
schedules on the various segments of Highway 46. That information is shown on the attachment,
which reflects major work within the next few years from approximately the easterly city limits
of Paso Robles to the Highways 41 and 46 wye, and lesser work on Highway 41/46 from the Wye
to the Kern County line. All the projects are on a fast track with Caltrans, with construction of
the four lane segments from Paso Robles to the roadside rest expected to comr n s E t E►
JAN 1 2 2000
SLO CITY CLERK
MEETL -A AGENDA
DATE i-►_. $ °eM g �.lalson
liaison
REpoRt
January 11, 2000
0CDDDIR
❑ FIN DIR
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Council Colleagues
❑ FARE CHIEF
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❑ POLICE CHF
FROM:
Dave Romero
❑ REC DIR
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❑ PERS DI
SUBJECT:
SLORTA/SLOCOG Meetings of 115100
SLORTA
At its meeting of 1 /5 /00 SLORTA reviewed a performance indicator analysis prepared by a
consultant. This analysis points out areas of good performance and areas for improvement in
SLORTA operations.
Board Action
a) The Board directed further staff investigation to define the allocation approach for
overhead for the fixed route and demand responsive programs (the analysis showed
that overhead costs were higher for the fixed route system, which is contrary to all
expectations).
b) Staff was directed to review of means by which the cancellation and no -shows on the
Run -About system can be reduced. These represent approximately 1/3 of all reserved
trips and are quite expensive, thereby reducing efficiency of the system.
C) Staff was directed to bring back information in preparation for hiring a full -time
transit manager for the SLORTA system. For the approximately two years the
assistant manager has been trying to carry out both the manager and assistant
manager duties, resulting in insufficient oversight of operations. This
recommendation reflects the fact that SLO transit is also advertising to fill the
position.
SLOCOG
Highway 46
At its meeting of 1/5/00 SLOCOG reviewed a report from Caltrans regarding design and review
schedules on the various segments of Highway 46. That information is shown on the attachment,
which reflects major work within the next few years from approximately the easterly city limits
of Paso Robles to the Highways 41 and 46 wye, and lesser work on Highway 41/46 from the Wye
to the Kern County line. All the projects are on a fast track with Caltrans, with construction of
the four lane segments from Paso Robles to the roadside rest expected to comr n s E t E►
JAN 1 2 2000
SLO CITY CLERK
Improvements from the roadside rest to the wye is expected to follow shortly thereafter. This
project represents over $100 million in highway work to be conducted in the next few years on •
this segment of road.
Highway 166
The Board received a report from staff regarding safety improvements proposed within the next
few years on Route 166 between Highway 101 and the Kern County line. This will include a
total expenditure of approximately $16.5 million within Santa Barbara and San Luis Obispo
Counties to construct improvements to critical curves, passing lanes turnouts, turning lanes, and
restripping. This is a part of an aggressive program to upgrade this corridor and improve
east/west traffic movement and safety.
Soundwall
The Board received the attached correspondence between Caltrans and SLORTA regarding the
Brizzolara Street soundwall project. According to the correspondence these plans will be
completed in January 2000.
DR: ss
Attachments
Map of Highway 46 Projects
Caltrans Letter re Soundwall
0 bAlson aepoat
January 12, 2000
TO: Council Colleagues
FROM: Dave Romero,
MEL_ .G AGENDA
DATE i b EM 9 4-� «o n
'Ke,porr
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SUBJECT: Performing Arts Commission Facilities Committee
1) At its January 11, 2000 meeting the Facilities Committee received a report that the
acoustic clouds study was underway, with a number of field measurements being
taken in November and December and others to be taken in January. We should have
a preliminary report within the next couple of months.
2) The Committee received a report that the problem with the campus parking structure
has to do with a hairpin type reinforcing steel, which has the function of.connecting
the reinforcing steel within beams to the reinforcing steel within the columns. This is
a new earthquake design. In his submittals the supplier of the steel did not submit
details for this reinforcing (which will have approximately 200 applications on the
structure). The architect missed the lack of this submittal in the plan in the check of
the steel drawings, and the inspector missed the lack of installation during
construction. Apparently, it will be possible to retrofit the existing connections
without undue change in appearance, however, this will take several months.
Meanwhile; other phases of the parking structure construction will proceed, with
completion anticipated in April.
10114m,
RECEIVED
JAN 12 2000
SLO CITY CLERK
STATE OF CALIFORNL4— BUSINESS. TRAIN. .(TATION AND HOUSING AGENCY t. oples to: /
17 ru
DEPARTMENT OF TRANSPORTATION
50 HIGUERA STREET
SAN LUIS OBISPO, CA 93401-5415
TELEPHONE:'(805) 549 -3111
TDD (805) 549 -3259
http: /hvww.dotgov /dist05
November 29, 1999
Mr. Ronald DeCarli, Executive Director
San Luis Obispo Council of Governments
1150 Osos Street, Suite 202
San Luis Obispo, CA 93401
Dear Mr. DeCarli:
Low
1999
pEC p 3
`jlu v ;�i'y� ENLIS
CBU�futl. ,o¢ V .
GRAY DAVIS. Governor
SLO- 101 - 28.4/28.7
HB 311 Noise
05- 987906
This is to acknowledge receipt of your October 26, 1999 letter requesting Caltrans to assume
responsibility for construction of the Brizzolara Street sound barrier. We agree with you that
the project should be designed and constructed by Caltrans using the funds designated for
the May 1989 Soundwall list in the 2000 fund estimate for the Local Assistance program.
Our project development process requires consideration of all feasible alternatives when
designing a project, however, we feel that the alternative favorably reviewed by City staff and
Caltrans is a strong candidate. That alternative is a 16 -foot tall pre -cast concrete panel wall
located 9 feet off the right of way. line. If City staff develop any other alternatives for this
project that meet Caltrans guidelines (which have been previously discussed in our letter of
August 13, and during our meeting of October 5), please submit them to our District
Soundwall Coordinator, Wayne Mills, for consideration. Wayne's telephone number is 549 -
3193. Funding issues can be discussed with Nancy Wickersham (telephone 549- 3146).
Regarding the funding issue, our current estimate for a 2100 foot long barrier, 16 feet tall is
$700,000. We are fairly confident that this is an adequate estimate, however we will not be
certain until the project goes through the project development process. Once a Project
Manager has been chosen we will keep you appraised of our progress on this issue. We are
given to understand that reasonable costs in excess of our 1997 estimate ($626.000) can e-
w r•�r� S� -'lt R �
ofthe sound barrier. I his blan Should be co I on
o n s s ou be ma e a
that time. ease note that it is possible that the estimate may be
made on an 1800 -foot long barrier since that was the length understudy in 1989. Regarding
the amount of City funds that should be reserved for improvements on the Brizzolara side of
the wall, we would suggest approximately $100,000 for landscaping, lighting and other
enhancements. Since there are no air quality issues involved in the project it is not necessary
to include it in the FTIP, but you may want to include it in your 2000 RTIP.
Thank you for your continued interest and cooperation in this matter. We are certain that the
completed project will be of great benefit to the people who live on Brizzolara Street.
Sincerely,
J iWeATR
District Director
B -6 -15
We look forward to cooperating with your agency in expeditiously implementing this important
project. If our staff can provide assistance in this effort, feel free to contact Terry Sanville, •
Principal TransportationPlanner at 781 -7178.
Respectfully,
Michael McCluskey
Director of Public Works
Attachment
c Bob Carr, Caltrans District 5
Wayne Mills, Caltrans District 5
Ron DeCarli, SLOCOG
B -6 -8
•
C
December 8, 1999
Copies
Corres Fite Staff
city of sAn Luis oBispo
955 Morro Street • San Luis Obispo, CA 93401 K �r 11 „ 5
TAt
Mr. Jay D. Walter, District Director
California Department of Transportation
50 Higuera Street
San Luis Obispo, CA 93401 -5415
Subject: Brizzolara Street Sound Wall Project
Dear Mr. Walter:
DEC 1999
In an October 14' letter to Mr. Ron DeCarli, Executive Director of SLOCOG you requested that "
the City of San Luis Obispo prepare a letter requesting that Caltrans design and construct the
Brizzolara Street Sound Wall. At its December 7' meeting, the San Luis Obispo City Council
considered your request and unanimously approved the following:
• Request that Caltrans assume the responsibility for designing and building the sound wall.
• Recommend that Caltrans design and construct an articulated "post and panel" sound wall. The
wall should be up to 16 -feet tall and 2,100 feet long, separated from the Brizzolara Street right -
of -way by approximately 9 feet, and include landscaping on both sides (see attached sketch).
• The sound wall should be highly articulated to go around and retain major landscape elements
as much as possible and to break up the linear feel of the wall (see attached sketch).
• Existing mature landscaping should be retained until such a time as new landscaping has a
chance to mature and provide replacement coverage.
• The City will request that SLOCOG approve the reservation of $75,000 of STIP funds to be
used for enhanced landscaping along the "City Side" of the sound wall, if such enhancements
are found to be necessary and appropriate.
• The City is receptive to the concept of entering into a cooperative agreement.with Caltrans to.
maintain landscaping on the "City Side" of the sound wall.
B -6 -7
OThe city of San Luis Obispo is committed to include the disabled in all of its services" programs and activities. 19
Telecommunications Device for the Deaf (805) 781 -7410.
Exhibit G
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January 18, 2000
To: Mayor and City Council
From: Jan Howell Marx
Re: San Luis Obispo County Genealogical Library
MEETING AGENDA
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Cheryl Storton, of the San Luis Obispo County Genealogical Society has asked the City Council to help
find a new home for the Society's Library. It is a 7,000 volume library, which includes many original San
Luis Obispo documents, as well as two computer; full of local and world wide history. The library is
staffed and financed by volunteers. It has been housed in the Atascadero Administration for 30 year;, but
has been asked to leave on very short notice. The society needs to find a 600 to 800 square foot home for
its collection by the end of February.
In my opinion, this unfortunate situation also is a wonderful opportunity for the City of San Luis Obispo
to bring this asset into our city. It is a natural complement to the Historical Museum, and the two belong
together. It makes sense to make this resource available to tourists and residents alike. The search for
family roots is not only a wholesome hobby, but also contributes to local history and brings visitor; to a
city.
Throughout the country, genealogical/local history libraries are located in public libraries. Of course, our
library is over crowded at present But perhaps an adobe or another historical building could be
designated as a long term solution But, what short tern temporary solutions could the city facilitate.
I ask the Council to join with me in directing staff to call Cheryl Storton 489 -5457 and see how the city
can assist the society bringing its collection to this city .
�( Howell Marx
RECEIVED
JAN 1 s 1000
SLG Ci T Y CLERK
January 18, 2000
To: Mayor and City Council
From: Jan Howell Marx
Re: Voter Registration
MEETINU AGENDA
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Many San Luis Obispo residents may have moved since they last registered to vote, but have not
reregistered in their current residence. With the upcoming March primaries in the offing and a number of
initiatives on the ballot, a reminder to register to vote would be timely.
I would like the Council to support my request to staff the City Utilities bills bear a line or two reminding
people to Register to vote if they have moved Or, alternatively, suggest that a separate note be placed in
envelopes along with the next billing
Thank you,
J Howell Marx
RECEIVED
JAN 1 8 1000
"`Y rr! ERK
MEETING AGENDA
DATE r'EWI G Comma iacka,
Recently there has been a lot of controversy over a "formula restaurant" locating in the old Earthling
Bookstore building Our ordinances, however,. do not allow our city to discriminate among businesses,
however. I did a little research on the web regarding this dilemma and found the following information:
"Local retail businesses reflect the diversity of our local cultures and enhance our sense of place and
community identity. As these retailers are displaced by national chains, America's towns are becoming
marked by a stark uniformity. Retail landscapes are aften indistinguishable from place to place.
Thanks to a creative local ordinance, this is not the case in Bainbridge Island, Washington. "We struggle
with how we can legally keep our island from becoming Anyplace, USA," remarked Mayor Alice
Tawresey in 1989, following the town's adoption of a zoning ordinance banning formula restaurants. The
law defines a formula restaurant as a food service establishment that is required by contract to have
standardized menus, food preparation techniques, and decor and is virtually identical to restaurants in
other locations. In short, the rule prohibits chain restaurants.
In the mid- 1980s, Carmel, California, became the first town to adopt a formula restaurant ban. Since then
several communities have followed Carmel's lead One of those towns, Solvang, California, also
considered banning formula retail establishments. At the time the town decided that such a ban was not
necessary to protect its local merchants and ultimately dropped the proposal. To date no community has
enacted such an ordinance, but the language Solvang considered provides a useful model for others to
follow. A formula retail business was defined as "a single- source, high traffic retailer operated directly by,
or under contract with, a manufacturer of the merchandise offered for sale therein, and required to adopt
standardized layout, decor, uniforms, or similar standardized features." These enterprises are "virtually
identical to restaurants in other communities as a result of standardized menus, ingredients, food
preparation, decor, uniforms and the like." In effect, Solvang has outlawed cnmene"s and encouraged
diversity."
SOL VANG! Right here on the Central Coast. I sense there would be public support for such an
ordinance in San Luis Obispo and request Council direct staff to contact the Solvang City Attorney to
obtain a copy of the ordinance. Then, draft a similar ordinance for Council consideration.
Thank you,
Jan Howell
EIVED
JAN 1 8 2000
a "C Ci'Y CLERK
ZCOUN011-- -"ADD DIR
January 18, 2000
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To: Mayor and City Council
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From: Jan Howell Marx
.' EL BU MO O UTIL DIR%1
Re: Formula Restaurants
❑ • ❑ PIERS DI l2/
Recently there has been a lot of controversy over a "formula restaurant" locating in the old Earthling
Bookstore building Our ordinances, however,. do not allow our city to discriminate among businesses,
however. I did a little research on the web regarding this dilemma and found the following information:
"Local retail businesses reflect the diversity of our local cultures and enhance our sense of place and
community identity. As these retailers are displaced by national chains, America's towns are becoming
marked by a stark uniformity. Retail landscapes are aften indistinguishable from place to place.
Thanks to a creative local ordinance, this is not the case in Bainbridge Island, Washington. "We struggle
with how we can legally keep our island from becoming Anyplace, USA," remarked Mayor Alice
Tawresey in 1989, following the town's adoption of a zoning ordinance banning formula restaurants. The
law defines a formula restaurant as a food service establishment that is required by contract to have
standardized menus, food preparation techniques, and decor and is virtually identical to restaurants in
other locations. In short, the rule prohibits chain restaurants.
In the mid- 1980s, Carmel, California, became the first town to adopt a formula restaurant ban. Since then
several communities have followed Carmel's lead One of those towns, Solvang, California, also
considered banning formula retail establishments. At the time the town decided that such a ban was not
necessary to protect its local merchants and ultimately dropped the proposal. To date no community has
enacted such an ordinance, but the language Solvang considered provides a useful model for others to
follow. A formula retail business was defined as "a single- source, high traffic retailer operated directly by,
or under contract with, a manufacturer of the merchandise offered for sale therein, and required to adopt
standardized layout, decor, uniforms, or similar standardized features." These enterprises are "virtually
identical to restaurants in other communities as a result of standardized menus, ingredients, food
preparation, decor, uniforms and the like." In effect, Solvang has outlawed cnmene"s and encouraged
diversity."
SOL VANG! Right here on the Central Coast. I sense there would be public support for such an
ordinance in San Luis Obispo and request Council direct staff to contact the Solvang City Attorney to
obtain a copy of the ordinance. Then, draft a similar ordinance for Council consideration.
Thank you,
Jan Howell
EIVED
JAN 1 8 2000
a "C Ci'Y CLERK