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HomeMy WebLinkAbout2900-2999RESOLUTION NO. 2999 (19.76 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A FIVE YEAR RENEWAL OF THE LEASE OF THE LAGUNA LAKE GOLF COURSE, WITH OPTION TO PURCHASE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The proposal from Rockwell Federal Credit Union for the lease of the Laguna Lake Golf Course by the City for the period March 1, 1976, through February 28, 1981, with an option to purchase exercisable by the City at any time, is hereby approved and accepted by the City, and the Mayor is authorized to execute said lease on behalf of the City. An executed copy of said lease shall be maintained on file in the Office of the City Clerk. On motion of Mayor Schwartz, seconded by Councilman Norris, and on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson, and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee the foregoing Resolution was passed and adopted this 18th day of February, 1976. ATTEST: I, Mtr� R 2999 RESOLUTION NO. 2998 (1976 Series) A RESOLUTION INCREASING THE 1975 -76 BUDGET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That Account No. 40- 20- 5171 -710, Santa Rosa.- Foothill Signal, be increased in the amount of $657.00. On motion of Mayor Schwartz, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee the foregoing Resolution was duly passed and adopted this 17th day of February, 1976. ATTEST: M T z99/ i RESOLUTION NO. 29.97 (1976 Series) A RESOLUTION INCREASING THE 1975 -76 BUDGET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That Account No. 80 -01 -4008 -100, Police - Building Maintenance and Repair, be increased in the amount of $1, 650.00. 2. That Account No. 05 -01 -3999 -000, General Fund Contingency Appropriation, be decreased in the amount of $1, 650.00. On motion of Mayor Schwartz, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and.Mayor Schwartz NOES: None ABSENT: Councilman Gurnee the foregoing Resolution was duly passed and adopted this 17th day of February, 1976. ATTEST: 7- 2 991 RESOLUTION NO. 2996 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION NO. 2933 (1975 Series) REQUIRING THE REMOVAL OF CERTAIN DRIVEWAY RAMPS.- BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council has considered the request of Eli Barredo that property located at 1656 Monterey Street be exempted from the requirement of Resolution No. 2933 to remove an excess driveway ramp and has determined that said requirement may be delayed for a three year period before further consideration. 2. The Superintendent of Streets is hereby directed to delete said parcel No. 1- 142 -05 from those scheduled for installation of improvements and the matter will be reconsidered in February, 1979. On motion of Mayor Schwartz, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee the foregoing Resolution was passed and adopted this 17th day of February, 1976. . ATTEST: R 2996 follows: RESOL . LION NO. 2995 (1976 Seri. —) A RESOLUTION INCREASING THE 1973 -76 BUDGET. BE IT RESOLVED by the Council of the City of San Luis Obispo as 1. That Account No. 40 -40- 6362 -700, Transfer Pump Expansion, be increased by $10,000.00. On motion of Councilman Petterson, seconded by Councilman Graham and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this .2nd day of February, 1976. ATTEST: follows: RESOLUTION NO. 2994 (1976 Series) ARESOLUTION INCREASING THE 1975 -76 BUDGET. BE IT RESOLVED by the Council of the City of San Luis Obispo as 1. That Account No. 40 -41- 4750 -000, Vehicles, be increased in the amount of $1,686.40. On motion of Councilman Graham, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 2nd day of February, II&WO ATTEST: p,wmei ii%' 102.�� M ��z99� RESOLT�'ON N0. 2993 (1976 Series), A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING THE SALARY OF THE CITY CLERK FOR THE FOUR MONTH PERIOD HE PERFORMS THE ADDITIONAL DUTIES OF ACTING CITY ADMINISTRATIVE OFFICER, AND AMENDING THE CITY CLERK'S BUDGET IN ACCORDANCE THEREWITH. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. By previous Council action, City Clerk Jean Fitzpatrick has been assigned the additional duties of Acting City Administrative Officer for the period February 1, 1976 through May 31, 1976. During said period, the City Clerk's monthly salary shall be increased from its previously budgeted amount of $2,384 per month to the amount of $3r,134-per month. 2. In accordance with the above, the following account adjustments for budget year 1976 -76 are authorized: a. Increase Account No. 20 -01- 2201 -001, City Clerk's Salary, by $3,000. b. Decrease Account No. 05 -01- 3999 -000, Contingency Appropriations, by $3,000. On motion of Councilman Petterson, seconded by Councilman Gurnee, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris the foregoing Resolution was passed and adopted this 4th day of February, 1976. ATTEST: / .., rk RES.OLL__iON NO. 2992 (1976 Seri_) A RESOLUTION INCREASING THE 1975 -76 BUDGET, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That Account No. OE -01- 2602 -013, ARC Reproduction, be increased in the amount of $650.00. 2. That Account No. 05 -01- 3999 -000, General Fund Contingency Appropriation, be decreased in the amount of $650.00. On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 2nd day of February, RUM ATTEST: -992 RESOLUTION NO. 2991.(1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A LETTER AGREEMENT WITH CENTRAL COAST LABORATORIES FOR LIQUEFACTION FIELD STUDIES.. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby approves and accepts the "Proposal for Investigation of Liquefaction Potential of Six Sites" dated December 2,,"1975, by Central Coast Laboratories with the understanding that Paragraph 2 of the standard agreement form attached thereto shall be deleted, and with the further understanding that the whole of said agreement is subject to the determinations and conditions set forth in the letter dated January 27, 1976, from the Director of Community Develop- ment to Central Coast Laboratories. The Mayor is authorized to sign any and all documents which may be necessary in connection with said contract. Copies of all the above letters and documents shall be maintained on file in the Office of the City Clerk and in the Office of the Community Development Department. On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was paste of February, 1976. ATTEST: i;; %%ice / % -Clerk d adopted this R 2991 day I RESOLUTION NO. 2990 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA RESOURCES AGENCY, DEPARTMENT OF PARKS ANDiRECREATION, FOR IMPROVEMENTS AT MEADOW PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby approves Project Number 40 -0005 with the State of California Resources Agency, Department of Parks and Recreation, for lighting improvements at Meadow Park. The Mayor is authorized to execute an agreement for the project on behalf of the City. On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of February, 1976. ATTEST: R 2990 l ter.,,: = --- -1` STATE.OF CALIFORNIA Resources Agency Department of Parks and Recreation PROJECT AGREEMENT — = STATE BEACH, PARK, RECREATIONAL AND HISTORICAL FACILITIES BOND ACT of 1974 Project Title Meadow Park Applicant City of San Luis Obispo Project Number 40 -0005 Project Performance Period Date of approval to June 30, 1978 Description of Project land purposes for which grant moneys were requested) The project will consist of developing lighting. Budget Act of 1975 Item Number 390 (264) ' 1. Allocated for acquisition 2. Allocated for development 359507 Total State Grant not to exceed The General and Special Provisions attached are.made a part of and are incorporated into this Agreement. FCALIFORNIA DEPARTMENT OF PARKS AND RECREATION BYQ i Title Director of Parks & Recreation By Date February 2, .1976 Date " 1 % DPR 463 (9/74) 1] STATE BEACH, PARK, RECREATIONAL AND HISTORICAL FACILITIES BOND ACT OF 1974 Project Agreement Special Provisions 1. State may elect to make disbursement for deposit into escrow for negotiated land purchase. 2. Interest earned on grant money shall be used on the project or paid to the State. General Provisions A. Definitions 1. The term "State" as used herein means the California State Department of Parks and Recreation. 2. The term "Act' as used herein means the State Beach, Park, Recreational and Historical Facilities Bond Act of 1974 as amended. 3. The term "Project' as used herein means the project which is described on page 1 of this agreement. 4. The term "Applicant" as used herein means the party described as applicant on page 1 of this agreement. B. Project Execution 1. Subject to the availability of grant moneys in the Act, the State hereby grants to the Applicant a sum of money (grant moneys) not to exceed the amount stated on page 1 in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the Description of Project on page 1 and under the terms and conditions set forth in this agreement. Applicant agrees to assume any obligation to furnish any additional funds that may be necessary to complete the project. Any modification or alteration in the project as set forth in the application on file with the State must be submitted to the State for approval prior to disbursement of grant moneys. 2. The Applicant agrees to execute and complete the Project in accordance with the time of project performance set forth on Page 1 and under the terms and conditions of this agreement. . 3. If the Project includes development, the development plans and specifications shall be reviewed and approved by the State before construction is commenced. 4. The Applicant shall secure completion of the development work in accordance with the approved development plans and specifications. 5. The Applicant shall permit periodic site visits by the State to determine if development work is in accordance with the approved plans and specifications including a final inspection upon Project completion. 6. All significant deviations from the Project shall be submitted to the State for prior approval. 7. If the Project includes acquisition of real property, the purchase price for such real property shall be determined from a State approved appraisal report prepared by a competent appraiser or through proceedings in eminent domain. The appraisal report and qualifications of such appraiser shall be submitted for review and approval by the State before initiation of the acqusition procedure. Applicant agrees to furnish State preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by State. Applicant agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of State might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. a. Applicant in acquiring real property, the cost of.which. is to be reimbursed with grant moneys under this agreement, shall comply with Chapter 16 (commencing with Section 7260).of Division 7 of Title 1 of the Government Code and any applicable federal, state, or local laws or ordinances. Documentation of such compliance will be made available for review by the State upon request. 2 C. Project Costs I , 1 The grant moneys to be provided Applicant under this agreement shall be disbursed as follows: 1- If the Project includes acquisition of real property, the State shall disburse to Applicant the grant moneys as follows, but not to exceed in any event. the State grant amount allocated for acquisition as set forth on page 1 of this agreement: a. When acquisition is through negotiated purchase, upon close of escrow, State will disburse the amount of the State approved purchase price together with State approved costs of acquisition. b. When acquisition is through proceedings in eminent domain, State will disburse the amount of the total award as provided for in the final order of condemnation together with State approved costs of acquisition. C. In the event Applicant abandons such eminent domain proceedings. Applicant agrees to bear all costs in connection therewith and that no grant moneys shall be disbursed for such costs. 2. If the Project includes development, after approval by State of Applicant's plans and specifications and after completion of the Project or any phase or unit thereof, State shall disburse toApplicant upon receipt and approval by State of a statement of incurred costs from Applicant, the amount of such approved incurred costs shown on such statement, not to exceed the State grant amount allocated for development, as set forth on page 1 of this agreement, or any remaining portion of such grant amount to the extent of such statement.. State may disburse up to 90% of the State grant amount allocated for development as shown on page 1 of this agreement, upon receipt and approval by State of astatement of estimated costs from Applicant. All moneys advanced toApplicant shall remain property of State until expended for project purposes.' The statements. to be submitted by Applicant shaU set forth in detail the incurred or estimated cost of work performed or to be performed on development of the Project and whether performance will be by construction contract or by force account: Statements shall not be submitted more frequently than ninety day periods unless otherwise requested by State. Modifications of the development plan and schedule must be approved. by State prior to any deviation from the State approved plan and schedule. , D. Project Administration The Applicant shall promptly submit such reports as the State may request. In any event Applicant shall provide State, a report showing total final Project expenditures including State and all other moneys expended within sixty 160) days after completion of Project. 2. Property and facilities acquired or developed pursuant to this agreement shall be available for inspection by the State upon request. 3. The Applicant shall use any moneys advanced by the State under the terms of this agreement solely for the Project herein described. 4. If grant moneys are advanced, the Applicant shall place such .moneys in a separate interest bearing account, setting up and identifying such account prior to the advance. Interest earned on grant moneys advanced pursuant to this agreement shall be paid to State. If grant moneys are advanced and not expended, the unused portion of the grant shall be returned to the State within 60 days of completion of the Project or end of the Project performance period whichever is earlier. 5. Gross income that is earned by the Applicant from a State approved non - recreational use on an acquisition project, subsequent to taking title by the Applicant, must be used by the Applicant for recreational purposes,at the Project. E. Project Termination 1. The Applicant may unilaterally rescind this agreement at any time prior to the commencement of the Project..After Project commencement this agreement may be rescinded, modified or amended by mutual: agreement in writing. A project shall be deemed commenced when the Applicant makes any expenditure, receives an advance of grant moneys or incurs any obligation with respect to the Project. 2. Failure by the Applicant to comply with the terms of this agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder. 3. - Failure of the Applicant to comply with�the terns of this agreement.shall not be cause for the suspension of all _ obligations of the State hereunder if in the judgment of the State such failure was due to no fault of the applicant. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this agreement. 3 4. Because the benefit to be derived by the State, from the full compliance by the Applicant with the terms of this agreement, is the preservation, protection and net increase in the quantity and quality of beaches, parks, public outdoor recreation facilities and historical resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of grant moneys under the terms of this agreement, the Applicant agrees that payment by the Applicant to the State of an amount equal to the amount of the grant moneys disbursed under this agreement by the State would be inadequate compensation to the State for any breach by the Applicant of this agreement. The Applicant further agrees therefore, that the appropriate remedy in the event of a breach by the Applicant of this agreement shall be the specific performance of this agreement. Hold Harmless 1, Applicant hereby waives all claims and recourse against the State including the right to contribution for loss or damage to persons or property arising from, growing out of ors in any way connected with or incident to this agreement except claims arising from the concurrent or sole negligence of State, its officers, agents, and employees. 2. Applicant shall indemnify, hold harmless and defend State, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the acquisition, development, construction, operation or maintenance of the property described as the Project which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of State, its officers, agents, or employees. 3. In the event State is named as codefendant under the provisions of Government Code Section 895 et. seq., the Applicant shall notify State of such fact and shall represent State in the legal action unless State undertakes to represent itself as codefendant in such legal action in which event State shall bear its own litigation costs, expenses, and attorney's fees. 4. In the event of judgment entered against State and Applicant because of the concurrent negligence of State and Applicant, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. Financial Records 1. The Applicant shall maintain satisfactory financial accounts, documents and records for the Project and shall make them available to the State for auditing at reasonable times. Such accounts, documents and records shall be retained by theApplicant for three years following project termination or completion. During regular office hours each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this agreement or matters related thereto. Applicant shall maintain and make available for inspection by State accurate records of all of its costs, disbursements and receipts with respect to its activities under this agreement. 2. The Applicant may use any generally accepted accounting system provided such system meets the minimum requirements as may be established by State. H. Use of Facilities The property acquired or developed with grant moneys under this agreement shall be used by the Applicant only for the purpose for which the State Grant moneys were requested and no other use of the area shall be permitted except by specific act of the legislature. 2. The Applicant shall without cost to State operate and maintain the property acquired or developed pursuant to this agreement in the manner and according to the standards acceptable to State. Nondiscrimination The Applicant shall not discriminate against any person on the basis of sex, race, color, or national origin in the use of any property or facility acquired or developed pursuant to this agreement. 2. The Applicant shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. RESOLUTION NO. 2989 (1976 Series) A RESOLUTION INCREASING THE 1975 -76 BUDGET, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That Account No. 50 -50- 6313 -291, Special Departmental Expense, Pipe Fittings and Valves, be increased in the amount of $5, 000.00. 2. That Account No. 50 -50- 6501 -001, Water Fund - General Administration Salaries, be decreased in the amount of $5, 000.00. On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 2nd day of February, 1976. ATTEST: ('�?- 2 qv9 J RESOLUTION NO. 2988 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUIRING THE USE OF CITY OWNED WATER METERS BY PERSONS OB- TAINING WATER FROM CITY FIRE HYDRANTS AND AUTHORIZING DEPOSITS AND RENTAL FEES FOR SAID METERS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Persons obtaining water from City fire hydrants pursuant to Municipal Code 7410.17 B shall use City owned water meters. The fees for the use of said meters shall be as follows: a. A refundable deposit in such amount as may be established from time to time by Resolution of the Council shall be paid prior to the issuance of the permit and meter. Any damage to said meter other than normal wear and tear, and any unpaid meter rental fees, shall be payable from said deposit. b. A monthly meter rental fee shall be paid in such amount as shall be established from time to time by Resolution of the Council. 2. The City Clerk and the Utilities Division of the Public Services Department are directed to keep a copy of this Resolution on.file for public inspection. On motion of Mayor Schwartz, seconded by Councilman Gurnee, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None 2M Resolution No. 2988 of 0 (1976 Series) the foregoing Resolution was passed and adopted this 2nd.day of February, 1976. ATTEST: RESOLLI� ^`N NO. 2987 (1976 Serie A RESOLUTION INCREASING THE 1976 -76 BUDGET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That Account No. 50 -14- 5712 -249, Utility Tax Account, be increased. by $10,000.00. On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 2nd day of February, W261 ATTEST: � - ?98j ti RESOLUTION NO. 2986 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING POLICY ON CONTRACTING FOR PROFESSIONAL SERVICES. WHEREAS, in the course of City affairs, it is from time to time necessary and prudent to engage services from private practitioners in various professions; and WHEREAS, it is desirable to have a uniform policy for con- tracting for the services of professional persons and firms in private practice; and WHEREAS, such services are of a professional nature for which competitive bidding is not ordinarily desirable or practical; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Whenever the number of staff are judged to be insufficient, workloads are excessive, or staff lacks professional capability, all as attested to by the Administrative Officer, professional services shall be engaged. 2. The professional services to be engaged shall be supplied by those persons or firms competent and expert in the work to be performed. 3. Local Preference: Local professional persons or firms shall receive preference when it can be demonstrated that such persons or firms maintain a fully staffed office in the City or vicinity and whenever such hiring will not result in unreasonable delay to the job, or the employment of professionals without proper qualifications for the project under consideration. „1• -� Resolution No. 2 2 %9 Series) 4. Selection Process: A list of professionals for a proposed project will be prepared from questionnaires prepared by the City and submitted by the professionals. The professional will be selected by a committee as follows: a. The committee will consist of the City Adminis- trative Officer, the department head in charge of developing the project and the department head responsible for the project after completion, or their designated representatives. b. The professional will be selected following inter- views and investigations by the committee. c. Fees will not be discussed with the professionals until the selection has been made. However, questions relating to time schedule and estimated man hours to complete the project should be considered. 5. Fees for Professional Services: One of the members on the selection committee will make an estimate of the cost of performing the services as a guide for the committee in negoti- ating a fee with the professional. Fee curves published by professional societies may be used as an additional guide. When the professional has submitted a written scope of work or responded to a scope of work prepared by the Gity and has proposed a fee, this shall be compared with the committee's estimate of a fair fee. If these are in reasonable agreement, no further negotiation need be made. If not, the professional should be requested to again appear for a negotiating session with the selection committee. If the professional and committee fail to arrive at a fee acceptable to both, negotiations shall be broken off with the first professional and the second professional on-the list shall be contacted, informing him that Resolution No. 298 N 6 976 Series) negotiations have been broken off with the first professional and that he is invited to submit a proposal. In no case should further negotiations on this job be entered into with the .first professional unless the scope of the project is completely changed. 6. Contracts: A tentative contract shall be prepared with the professional chosen based on the fee negotiated. The contract shall be reviewed in detail by the committee and by the City Attorney and then submitted to the City Council by the Adminis- trative Officer. 7. All contracts for professional services shall be made in accordance with the foregoing unless otherwise approved by the City Council. On motion of Councilman Gurnee , seconded by Councilman Petterson , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris. Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day 1 RESOLUTION NO. 2985 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A.STUDENT WORK STUDY AGREEMENT WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby approves an agreement entitled, "Work Study Program - Off Campus Project Agreement," dated February 1, 1976, with California Polytechnic State University. The Mayor is authorized to execute said agreement on behalf of the City. A copy of said agreement shall be maintained on file in the Office of the City Clerk. On motion of Councilman Petter_son, seconded by Councilman Gurnee, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of February, 1976. ATTEST: R 2985 r1 RESOLUTION NO. 2984 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY FOR THE WIDENING AND SURFACING OF CALIFORNIA BOULEVARD. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby approves an agreement with California Polytechnic State University as set forth in Exhibit "A attached hereto and thereby incorporated herein, for the sharing of the costs of widening and surfacing California Boulevard from Hathway Avenue to Foothill Boulevard. The Mayor is authorized to execute said agreement on behalf of the City. On motion of Councilman Gurnee, seconded by Councilman -Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of February, 1976. ATTEST: R 2984 STANDO.4D AGREEMENT — APPROVED GV� AL DATE 0,-.CALIFORNIA STD 2 (REV. ionz1 THIS AGREEMENT, made and entered into this 2nd day of January 1976 in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting "AFFIRMATIVE ACTION EMPLOYER" ❑ CONTRACTOR ❑ STATE AGENCY ❑ DEPT. OF GEN. SER. ❑ CONTROLLER TITLE OF OFFICER ACTING FOR STATE AGENCY NUMBER a i ornia Polytechnic ate Prnrnramant R Cllnnnrt Carvirae I University, San Luis Obispo 1 108 Rev. CITY OF SAN LUIS OBISPO hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and spec6cationt it ayi California Polytechnic. State University, San Luis Obispo agrees to share the-cost of widening and surfacing California ,Blvd. from Hathway Avenue to Foothill Blvd'. with the City of San Luis Obispo. Completion of the project as shown on Exhibit A, City Plan 8 -76, SS 221 will provide space for a bicycle lane. The City of San Luis Obispo will stripe the bicycle lane area: California Polytechnic State University, San Luis Obispo will pay Seven Thousand Five Hundred Dollars ($7,500.00) or one- half.of the contract cost, whichever is the lesser amount, exclusive of curbs and gutters. The City of San Luis Obispo will carry the . cost of the contract through completion and submit an invoice to the Accounting Office of the University when the project is complete and all costs are known. ' The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA AGENCY California Polytechnic State University, San Luis Obispo BY. (AUTHORIZED SIGNATURE) � TITLE Procurement & Support Services Officer (CONTINUED ON — SHEETS. EACH BEARING NAME OF CONTRACTOR) Co Not wriro hr This Spars CONTRACTOR (IF OTHER THAN AN INDIVIDUAL STATE WHETH1R A CORPORATION. E. Schwartz, Mayor 990 Palm Street, San Luis Obis $. 79500.00 1 Educ. Code 24566 DRF UNEN//C_UM%%BEERED BALANCE ITEM CHAPTER STATUTES F13CAL YEAR ENCUM - BRANCE 32- orfeiture I hereby certify upon my own personal knowledge that budgeted funds T.H.A. NO. B.R. NO. are available for the period and purpose of the expenditure stated above. B R E OF ACCOUNT NG OFF ER` DATE ,L /J11 % 1 here y certify that all conditions for exemption set forth in State Administrative Manual Section 1201;13 have been complied with and this document is exempt from review by the Department of Finance. SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY DATE m► 1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents amd employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2. The Contractor, and the agents and employees of Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part. 5. Time is the essence of this agreement. B. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. L f U RESOLUTION NO.. 2983 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING THE REQUEST OF THE CITY OF LA MIRADA THAT THE STATE ADOPT DISTINCTIVE BICYCLE LANE MARKING POLICIES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. In support of Resolution No. 76 -2 of the City of La Mirada, the Council of the City of San Luis Obispo hereby requests the State Legislature to adopt laws and regulations as necessary to amend the existing State bicycle lane marking policy so that a distinctive color can be used exclusively for bicycle lane identification.. 2. The City Clerk is directed to send ,copies of this Resolution to Governor Brown, Senator Grunsky, Assemblyman Nimmo, the League of California Cities and to the City Clerk of La Mirada. On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of February, 1976. 4 KENNETH E. SCHWARTZ Mayor I co.tify that the foregoing is a full, true and correct copy of a Resolution passed by the City Council of the City of San Luis ATTEST: Obispo. California, on FEB 2. 1976 -r s7 I H. FfTZPATRICK lark RlcK City Clerk City Clerk R ?Qi2't RESOLUTION NO. 2982 (1976 Series). A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A LETTER - AGREEMENT WITH DIEHL, EVANS AND COMPANY FOR THE ANNUAL AUDIT OF THE CITY'S RECORDS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby approves and accepts the proposed letter- agreement from Diehl, Evans and Company, dated January 22, 1976, for the annual audit of the City's records for the fiscal years ending June 30, 1976, and June 30, 1977. The City Treasurer is authorized to sign any documentation necessary for said audit. A copy of this agreement shall be maintained on file in the office of the City Clerk. On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of February, 1976. ATTEST: C' erk R 2982 City of San Luis Obispo 990 Palm Street P. 0. Box 321 San Luis Obispo, California 93406 Attention: Mr. J. H. Fitzpatrick, City Clerk Dear Mr. Fitzpatrick: Thank you for your letter dated January 19, 1976 requesting a proposal to submit to the City Council for the annual audit of the City's records for the years ended June 30, 1976 and 1977. We propose a maximum fee of $4,000.00 for the audit of all City funds, except Federal Revenue Sharing Funds, which may or may not be phased out, depending on the actions of Congress.' Should an audit report be required for Federal Revenue Sharing Funds, we propose $500.00 for this work. Our proposal for both reports would total $4,500,00 for the fiscal year ended June 30, 1976. We propose the same fee - $4,500.00 for the fiscal year ended June 30, 1977. Should no audit report for Federal Revenue Sharing for fiscal year ended June 30, 1977 be required the audit fee for all other City funds would be $4,000.00 for the fiscal year ended June 30, 1977. The audit shall be made in accordance with generally accepted auditing standards, and procedures recommended by the California Committee on Municipal Accounting. Auditing services will be performed by qualified persons having experience suitable to the grades specified below. Such service shall be based on the following hourly rates: Partners Managers Staff assistants $34.00 $24.00 $14.00 - $22.00 The maximum annual fee of $4,500.00 contemplates that conditions satisfactory to the normal progress and completion of the examination will be encountered, and that the City accounting personnel will furnish agreed -upon assistance in connection with the preparation of necessary detail schedules and the production of documents for the auditor's inspection. FIB A,`_. 'jA (,_. „ 1976 APPROVED ( } DENIED "ED TO DIEHL, EVANS AND COMPAN ELLIS C. DIEHL. C.P.A. (1925 -1955) CERTIFIED PUBLIC ACCOUNTANTS OTHER OFFICES AT BRYN B. EVANS. C.P.A. 705 EAST MAIN STREET IBA EAST BRANCH STREET WIN G. PETERS. C.P.A. ARROYO ORA NOM. CALIFORNIA 9242C SANTA MARIA. CALIFORNIA 93454 to= A99 -2727 JOHN A. RAABERG. C.P.A. JAMES M. DAISER. C.P.A. 925 -2579 1910 NORTH BUSH STREET PHILIP H. MOLTRAYP. C.P.A. SANTA ANA. CALIFORNIA Il1A) 82 -�s5] DONALD H. PETERSON. C.P.A. January 22, 1976 DONALD E. CALLAHAN. C.P.A. 2595 ROOSEVELT STREET L. PETER BCHSECR. C.P.A. CARLSBAD. CALIFORNIA 92001 (715) 739 -230 City of San Luis Obispo 990 Palm Street P. 0. Box 321 San Luis Obispo, California 93406 Attention: Mr. J. H. Fitzpatrick, City Clerk Dear Mr. Fitzpatrick: Thank you for your letter dated January 19, 1976 requesting a proposal to submit to the City Council for the annual audit of the City's records for the years ended June 30, 1976 and 1977. We propose a maximum fee of $4,000.00 for the audit of all City funds, except Federal Revenue Sharing Funds, which may or may not be phased out, depending on the actions of Congress.' Should an audit report be required for Federal Revenue Sharing Funds, we propose $500.00 for this work. Our proposal for both reports would total $4,500,00 for the fiscal year ended June 30, 1976. We propose the same fee - $4,500.00 for the fiscal year ended June 30, 1977. Should no audit report for Federal Revenue Sharing for fiscal year ended June 30, 1977 be required the audit fee for all other City funds would be $4,000.00 for the fiscal year ended June 30, 1977. The audit shall be made in accordance with generally accepted auditing standards, and procedures recommended by the California Committee on Municipal Accounting. Auditing services will be performed by qualified persons having experience suitable to the grades specified below. Such service shall be based on the following hourly rates: Partners Managers Staff assistants $34.00 $24.00 $14.00 - $22.00 The maximum annual fee of $4,500.00 contemplates that conditions satisfactory to the normal progress and completion of the examination will be encountered, and that the City accounting personnel will furnish agreed -upon assistance in connection with the preparation of necessary detail schedules and the production of documents for the auditor's inspection. City of San Luis Obispo January 22, 1976 San Luis Obispo, California However, if unusual circumstances are encountered which make it necessary for the auditors, to do additional work, auditors shall report such conditions immediately to the responsible City officials, and both parties may negotiate such additional compensation as appears justified. We greatly enjoyed working with you, Mr. Miller, Mr. Muravez, Mrs. Goddard and other City officials and employees. Your patience, courtesy, and cooperation was greatly appreciated. We would be honored to continue as the City's independent•auditor if you so choose. Thank you. Very truly yours, IEHL, EVANS AND COMPANY ohn A. Raab' erg,.CPA JAR:jvr RESOLUTION NO. 2981 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF HILL DRAINAGE DEFICIENCIES) . BE IT .RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council, having held a duly noticed public hearing in accordance with the provisions of Resolution No. 2898 and having received competent testimony by City staff and the property owner, hereby finds and determines that the incomplete graded land conditions and the lack of drainage improvements upon the hereinafter described real property constitutes a public.nuisance which should be abated. 2. Said public nuisance is hereby ordered to be abated by the property owner on or before March 3, 1976, by providing proper drainage and grading in accordance with plans approved by the City. 3. If said public nuisance is not abated by said March 3, 1976, the City Administrative Officer is hereby authorized to proceed expeditiously with the abatement by the use of City or contract forces as he deems appropriate, and all costs incurred shall become a lien against said real property in accordance with the provisions of the Municipal.Code. 4. Said real property is generally described as a portion of Terrace Hill and is more specifically described as follows: Tract No.. 427, Terrace Hill Estates R 2981 Resolution No. 29, 2 ( 19 7 E ^cries ) 5. The City Clerk is directed to send a certified copy of this Resolution to Firemen's Fund American Insurance Company which had bonded the improvements originally proposed for Terrace Hill. .On motion of Mayor Schwartz, seconded.by Councilman Norris, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution.was passed and adopted this 2nd day of February, 1976. ATTEST: i77 � /iii % % / %/' 112011 ,� - RESOLUTION NO. 2980. (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AND ADOPTING LABOR RELATIONS CHANGES TO INCLUDE THE POSITION OF FIRE CAPTAIN - TRAINING OFFICER IN THE "PROFESSIONAL" CATEGORY ESTABLISHED. BY THE FAIR LABOR STANDARDS ACT AND-SUPER- SEDING RESOLUTION NO. 2709 -A. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The labor relations policy approved and adopted by the City Council in February, 1975, is hereby.amended to include the position of Fire Captain - Training Officer in the "Professional" Category. Said policy as amended is attached hereto, marked Exhibit "A" and incorporated herein by reference. 2. Said policy shall be, and remain, in effect only so long as the City is required by the Fair Labor Standards Act to conform to regulations of this type. 3. Resolution No. 2709 -A, adopted February 3, 1975, is hereby repealed,: On motion of Councilman Petterson, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of February, 1976. ATTEST: EXHIBIT "Arr LABOR RELATIONS POLICY The following policy is adopted by the City Council of the City of San Luis Obispo following hearings held February 3, 1975 and February 2, 1976: POLICE DEPARTMENT (1) Certification of the following classifications to be exempted from the provisions of the Fair Labor Standards Act: Executive: Police Chief Administrative: Police Captain and Lieutenants (Note.: Notice of intention to do so was given to the Police Officers' Association in May, 1974.) (2) Declaration of the basic work period for non- exempt, sworn police personnel as a seven day period during which normal work shall consist of five (5) consecutive shifts on and two (2) shifts off. The work day shall consist of a lapsed period of eight (8) hours with one half hour off for meal period if possible. It is hereby stated that monthly salaries are approx- imate, and hourly rates for overtime will be calculated as in the past by dividing the monthly salary.by 173.3333. Overtime in excess of 60 hours worked per week will be compensated at time and a half. The police chief from time to time will post specific work schedules for individual personnel. (Effective January.l, 1975.) (3) Effective January 1, 1975, police officers assigned to the detective function will be guaranteed fifteen (15) hours straight time overtime pay per month. Detectives will receive credit for call backs until they exceed the fifteen (15) hours before being paid additional. Credit will be given for each week's standby or portion thereof at the rate of four hours straight time per week, also applying against the fifteen (15) hours. This matter was discussed in great length during meet and confer sessions and the Police Officers' Association was given notice of its adoption by the Council in August, 1974. FIRE DEPARTMENT (1) Certification of the following classifications to be exempted from the provisions of the Fair Labor Standards Act: Executive: Fire Chief Administrative: Battalion Fire Chiefs, Fire Marshal, and Fire Captain - Training Officer (Note: Notice of intention to do so was given to the Firemen's Association in May, 1974. Notice of intention to include Fire Captain - Training Officer was given on January 21, 1976.) (2) Effective January 1, 1975, vacation, sick leave, and holiday benefits will be calculated by converting work days to fire department shifts on a mathematical basis, making the fire department benefits comparable to those for general employees. Therefore, non - exempt, sworn fire department personnel will receive six (6) shifts vacation per year after one (1) year, seven and a half (7 1/2) shifts after five (5) years, nine (9) shifts after ten (10) years, and ten (10) shifts after twenty (20) years. Said personnel will be credited with six (6) shifts sick leave per year. -During years when general employees receive eleven (11) holidays in a year, said personnel will receive five and a half ( 5 1/2_) shifts. During years when general employees receive thirteen (13) holidays, said personnel will receive six L&u dmD' � and a half (6 1/2) shifts. As.new federal labor standards become effective in subsequent years, further adjustments will be made on a mathematical basis. The City 's intention to make such adjustments was stated in the memorandum of understanding last spring. (3) The work period shall be fifteen (15) days. It is hereby stated that monthly salaries are approximate and hourly rates will be calculated for 1975 by dividing the monthly salary by 260 and will be adjusted in future years on a mathematical basis to reflect the lower number of hours to be worked by fire department personnel. Provision for the latter was included in the current memorandum of understanding. 3 "54 L'iLn 1 RESOLUTION N0. 2979 (1976 SERIES) A RESOLUTION AMENDING RESOLUTION NO. 2916 ENTITLED, _ "A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS AND APPOINTING SPECIAL COUNSEL ". JOHNSON AVENUE IMPROVEMENT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: WHEREAS, the estates and interests sought to be taken in paragraph 1 of the aforesaid resolution are incorrect and it is the intention of this City Council to amend said resolution, NOW, THEREFORE, IT IS FOUND, D and ORDERED that said resolution be, and it is, hereby amended by striking therefrom paragraph 1 of said paragraph 1 of said resolution and inserting in lieu thereof the following 1. The public interest and necessity require the acquisi- tion, construction and completion of street improvements and work auxiliary thereto in, over, across and upon Tract I of Parcels 2, 3, 4 and 5, as more particularly described in Exhibit "A -1" attach- ed hereto and by this reference made a part hereof, within the City of San Luis Obispo, and the taking of the fee simple title for street improvement purposes and work auxiliary thereto in and to the aforesaid parcels, together with a non - exclusive easement for the construction and maintenance of a wall, in, over, across and upon Tract II of said parcels, as more particularly described in said Exhibit "A -11; are necessary for said improvements. On motion of Councilman Petterson seconded by Councilman Graham call vote: and on the following roll �_ 7- 2 977 • Resolution No. 2979 AYES, Councilmen, Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES, Councilmen, None ABSENT, Councilmen, None the foregoing Resolution.is passed and adopted this. 2nd day of' February, 1976. ATTEST: �._ CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a_.Regular Meeting held thereof on the: 2nd day of February, 1976. MIX o EXHIBIT "A -1" All that certain real property situate in the City of San Luis Obispo, County of San Luis Obispo, State of California, and more particularly described as follows: Parcel 2 That portion of Lot 1888, in Book B at County of San Luis as follows: Tract I No. 7 of the Callender Tract recorded January 10, page 35 of Maps, Office of the County Recorder, Obispo, California, more particularly described Beginning at the - Southwest corner of Lot No. 7 of said Callender Tract; thence South 360 22' East along the Northeasterly line of Johnson Avenue a distance of 50.00 feet to a point common to Lots No. 7 and No. 8, thence North 53° 38' East along the line common to said lots a distance of 8.00 feet to a point; thence North 36° 22' West parallel to Johnson Avenue a distance of 50.00 feet to a point; thence South 530 38' East a distance of 8.00 feet to the point of beginning, containing 400.00 square feet, more or less. Tract II Beginning at the.Southwest corner of Lot No. 7 of said Callender Tract; thence North 530 38' East a distance of 8.00 feet to the true point of beginning, thence South 36° 22' East parallel to Johnson Avenue 'a distance of 50.00 feet to a point on the line common to Lots No. 7 and No. 8; thence North 530 38' East along said common line a distance of 3.00 feet to a point; thence North 360 22' West a distance of 50.00 feet to a point, thence South 53° 38' West a distance of 3.00 feet to the true point of beginning, containing 150.00 square feet, more or less. EXHIBIT "A -1" C All that certain real property situate in the City of San Luis Obispo, County of San Luis Obispo, State of California, and more particularly described as follows: Parcel 3 That portion of Lots No. 8 and No. 9 of the Callender Tract recorded January 10, 1888, in Book B at Page 35 of Maps, office of the County Recorder, County of San Luis Obispo, California, more particularly described as follows: Tract I Beginning at the Southwest Corner of Lot No. 8 of said Callender Tract; thence South 360 22' West along the Northeasterly line of Johnson Avenue a distance of 100.00 feet to a point common to Lots No. 9 and No. 10 of said Callender Tract; thence North 530 38' East along the line common to said Lots No. 9 and No. 10 a distance of 8.00 feet to a point; thence North 36° 22' West parallel to Johnson Avenue, a distance of 100.00 feet to a point on the line common to Lots No. 7 and No. 8, thence South 53° 38' West a distance of 8.00 feet to the point of beginning, containing 800.00 square feet, more or less. Tract II Beginning at the Southwest corner of Lot No. 8 of said Callender Tract; North 53° 38' East a distance of 8.00 feet to the true point of beginning, thence South 36° 22' East parallel to Johnson Avenue a distance of 100.00 feet to a point on the line common to Lots No. 9 and No. 10, thence North 530 38' East along said common line a distance of 3.00 feet to a point, thence North 360 22' West a distance.of 100.00 feet to a point, thence South 531 38' West a distance of 3.00 feet to the true point of beginning, containing 300.00 square feet, more or less. EXHIBIT ''A -1" All that certain real property situate in the City of San Luis Obispo, County of San Luis Obispo, State of California, and more particularly described as follows: Parcel 4 That portion of Lot No. 10 of the Callender Tract recorded January 10, 1888, in Book B at page 35 of Maps, Office of the County Recorder, County of San Luis Obispo, California, more particularly described as follows: Tract I Beginning at the Southwest corner of Lot No. 10 of said Callender Tract, thence South 360 22' East along the northeasterly line of Johnson.Avenue, a distance of 50.00 feet to a point; thence North 530 38' East a distance of 6.00 feet to a point, thence North 360 22' West parallel to Johnson Avenue a.distance of 9.00 feet to a point; thence North 530 38' East a distance.of 12.00 feet to a point; thence.North 36° 22' West a distance of 6.00 feet to a point, thence South 530 38' West a distance of 10.00 feet to a point; thence North 360 22' West a distance of 35.00 feet to a point on the line common to Lots No. 9 and 10, thence South along said common line a distance of 8.00 feet to the point of beginning, containing 442.00 square feet, more or less. Tract II Part 1 Beginning at the Southwest corner of Lot No. 10 of said Callender Tract; thence North 530 38' East a distance of 8.00 feet to the true point of beginning; thence South 360 22' East parallel to Johnson Avenue a distance of 35.00 feet to a point; thence North 530 38' East a distance of 3.00 feet -to a point; thence North' 360 22' West a distance of 35.00 feet to a point on the line common to lots No. 9 and No. 10; thence South 530 38' West along said common line a distance of 3.00 feet to the true.point of beginning, containing 105.00 square feet, more or less. Tract II Part.2 Beginning at the Southwest corner of Lot No. 10 of said Callender Tract; thence South 360 22' East along the Northeasterly line of Johnson Avenue a distance of 50.00 feet to a point; thence North 530 38' East a distance of 6.00 feet to the true point of beginning;' thence North 360 22' West, a distance of 9.00 feet to a point; thence North 530 38' East a distance of 3.00 feet to a point; thence South 360 22' East a distance of 9.00 feet.to a point; thence South 531 38' West a distance of 3.00 feet to the true point of beginning, contain- ing 27.00 square feet, more or less. 4 EXHIBIT "A -1" All that certain real property situate in the City of San Luis Obispo, County of San Luis Obispo,.State of California, and more particularly described as follows: Parcel 5 Two(2) parcels of land, both being portions of the Southeast quarter of the Southeast quarter of Section 26, and the Northeast quarter of the Northeast quarter of Section 35, in Township 30 South, Range 12 East, Mount Diablo Base and hferidian,, in the City of San Luis Obispo, County of San Luis Obispo, California, more particularly described as follows: Tract I Beginning at the point of intersection of the Northeasterly line of Johnson Avenue with the Northwesterly line of Lizzie Street, as said line of Lizzie Street exists since the widening thereof; thence North 36 °22' West along the Northeasterly line of Johnson Avenue a distance of 197.0 feet to the true point of beginning; thence North 53 °38' East parallel to Lizzie Street, a distance of 8 feet to a point; thence North 36 122' ldest along a line parallel to the Northeasterly line of Johnson Avenue, a distance of 35 feet to a point; thence North 53 °38' East a distance of 10 feet to a point; thence North 36 °22' West a distance of 6 feet to a point, thence South 53 °38' West a distance of 12 feet to a point; thence North 36 022' West a distance of 8 feet to a point; thence. South 53 °38' West. 1along _sa_id_lot-:- Line-" a distance of 6 feet to a point on the Northeasterly line of Johnson Avenue; thence South 36 °22' East along the Northeasterly line of Johnson Avenue a distance of 49 feet to the true point of beginning. Tract II Part 1 Beginning at the intersection of the Northeasterly line of Johnson Avenue with the Northwesterly line of Lizzie Street, as said line of Lizzie Street exists since the widening thereof; thence North 36 °22' West along the Northeasterly line of Johnson Avenue a distance of 197 feet to a point; thence North 53 °38' East along:a line parallel to Lizzie Street, a distance of 8 feet to the true point of beginning; thence North 36 022' West parallel to Johnson Avenue a distance of 35 feet to a point; thence North 53 038' East a distance of 3 feet to a point; thence South 360 22' East a distance of 35 feet to a point; thence South 53 038' West a distance of3 feet to the true point of beginning. Part 2 Beginning at the intersection of the Northeasterly line of Johnson Avenue with the Northwesterly line of Lizzie Street, as said line of Lizzie Street exists since the widening thereof; thence North 36 122' West along the Northeasterly line of Johnson Avenue a distance of 246 feet "thence North 53 038' East 6 feet to the true point of beginning; thence South 36 022' East along a line parallel to the Northeasterly line of Johnson Avenue, a distance of 8 feet to a point; thence North 53 °38' East a d ;stance of 3 feet to a point; thence North 36° 22' West a distance of 8 feet to a point; thence South 53 038' West a distance of.3 feet to the true point of beginning. RESOLUTION NO WJM &I:,JTM:S:zw 11/26/75 loc 2978 A RESOLUTION OF AWARD OF CONTRACT JOHNSON AVENUE IMPROVEMENT RESOLVED, by the City Council of the City of San Luis Obispo, California, that WHEREAS, the Council of this City did in open session on the 9th day of December, 1975, publicly examine and declare all sealed proposals or bids for the work to be done and improvements to be made, as described and specified in Resolution No. 2918 of Pre- liminary Determination and of Intention adopted by this Council on November 3, 1975, to which resolution reference is hereby made for a description of the work and improvements to be done and the materials, supplies and equipment to be furnished therefor; and WHEREAS, said bids were referred to and considered by this Council at its meeting on December 15; 1975; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That this Council hereby rejects all of .said proposals or bids except that hereinafter mentioned, and hereby awards the contract for doing the work and improvements and furnishing the supplies, materials and equipment necessary therefor, to the lowest responsible bidder, to wit: Walter Bros. Construction Company, Inc. at the unit prices named in its bid. 2. That the Mayor of said City is hereby authorized to make and enter into a written contract with said successful bidder, and to receive and approve all bonds in connection therewith, and the Clerk of said City is hereby directed to attest his signature and affix thereto the official seal of said City. 3. The City Clerk shall, within five (5) days of the adoption of this resolution, transmit an Extract of Public Works Contract 'q -R97,f X Resolution No. 2978 Award to the Department of Industrial Relations, Division of Apprenticeship Standards, P. 0. Box 603, San Francisco, California 94101. Should a finding of any discrepancy regarding the ratio of apprentices to journeymen be made, the Clerk shall notify the Division of Apprenticeship Standards of such findings. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 2nd day of Februarv. 1.976. by the following vote of the members thereof: on notion of Councilman Norris, seconded by Councilman Petterson: AYES, and in favor thereof, .Councilmen: Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES, Councilmen: None ABSENT, Councilmen: None y c o_ the City of San Luis Obispo 2 WJM &L: TTM�S:zw 11/26/75 10c i RESOLUTION NO. 2977 A RESOLUTION DESIGNATING COLLECTION OFFICER JOHNSON AVENUE IMPROVEMENT RESOLVED, by the City Council of the City of San Luis Obispo, California, that the City Clerk of said City, be, and he is hereby, appointed as the person to whom payment of assessments shall be made under Resolution No. 2918 of Preliminary Determination and of Intention adopted by this Council on November 3, 1975, and that his office in the City Hall, San Luis Obispo, California, is hereby designated as the place at which the said payments will be made, and the Superintendent of Streets is hereby relieved of all responsibility in connection with collecting said assessments. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 2n(9 day of February, 1976 by the following vote of the members thereof: on motion of councilman Petterson, seconded by. Councilman Norris: AYES, and in favor thereof, Councilmen: Graham, Gurnee, Norris, Petterson and Mayor Schwartz .. NOES, Councilmen: None ABSENT, Councilmen: None c y r c of the city o San Luis Obispo 2977 i WJM &L :J71�9:zw 11/25/75 loc RESOLUTION NO. 2976 A RESOLUTION ..ADOPTING ENGINEER'S REPORT,_CONFIRMING ASSESSMENT AND ORDERING WORK AND ACQUISITIONS JOHNSON AVENUE IMPROVEMENT RESOLVED, by.the City Council of the City of San Luis Obispo, California, that WHEREAS, on the 3rd day of November, 1975, said Council adopted its Resolution No. 2918, a Resolution of Preliminary Determination and of Intention, that the public interest, convenience and necessity required and that it intended to order certain acquisitions and improvements therein particularly described, and referred the pro- posed acquisitions and improvements to the City Engineer to make and file with the Clerk of this City a report in writing in accordance with and pursuant to the Municipal Improvement Act of 1913; WHEREAS, said report was duly made and filed with the City Clerk, whereupon the Clerk presented it to this Council for consideration; WHEREAS, said Council thereupon duly considered said report and each and every part thereof, and found that it contained all the matters and things called for by the provisions of said Act, in- cluding (1) plans and specifications of the proposed improvements, (2) estimate of costs, (3) diagram of district, (4) an assessment according to benefits, and (5) maps and descriptions of acquisitions to be made, all of which was done in the form and manner required by said Act; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Act and said Resolution of Preliminary Determination and of Intention, whereupon said Council, pursuant to the requirements of said Act, appointed Monday, the 15th day of December, 1975, at the hour of 7:00 o'clock P.M. of said day in the Council Chambers, City Hall, San Luis Obispo, California, as the time and place for hearing Resolution No. 2976 protests in relation to said acquisitions and improvements and directing the Clerk of said City to give notice of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by said Act, as evidenced by the certificates and affidavits on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place advertised in said notices; WHEREAS, - -- persons interested objecting to said acqui- sitions and improvements, or to the extent of the assessment district, or to the proposed assessment and diagram, or to the grades at which said work will be done, or the Engineer's estimate of-the costs and expenses thereof, on to the maps and descriptions, filed written pro- tests with the Clerk of said City at or before the time set for said hearing, and all persons interested, desiring to be heard were given an opportunity to be heard and all matters and things pertaining.to said acquisitions and improvements were fully heard and considered by said Council, and said protests were overruled and said Council has acquired jurisdiction to order said acquisitions and improvements and the confirmation of said diagram and assessment to pay the costs and expenses thereof; NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER, as follows: 1. That the owners of one -half of the area of the property.to be assessed for the cost of said project did -- at or prior to the time fixed for said hearing, file written protests against said acquisitions and improvements, or as to the Engineer's estimate of costs and ex- penses of said project, or against the grades at which said work is proposed to be done, or against the maps and descriptions, or against the diagram and assessment to pay for the costs and expenses thereof. 2. That any and all protests made either to.said proposed acquisitions and improvements, or the grades at which said work is 2 Resolution No. 2976 J proposed to be done, or the extent of the assessment district, or the amounts of the several assessments, or the maps and descriptions, and all persons desiring -to be heard in relation to any of said matters, whether as protestants or otherwise, have been fully heard and con- sidered, and have been overruled. 3. That the district benefited by said'acquisitions and improve- ments and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, is the district described in said Resolution of Preliminary Determination and of Intention. 4. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the inci- dental expenses in connection therewith, contained in said report, be, and it is hereby, finally adopted and approved as the Engineer's total and detailed estimate of the costs, and expenses of said acquisitions and improvements. 5. That the plans and specifications for the proposed improve- ments contained in said report, be, and they are hereby, .finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution of Preliminary Determination and of Intention. 6. That said Council does hereby order the acquisitions and improvements to be made and done as described in and in accordance with said Resolution of Preliminary Determination and of Intention on file in the office of the Clerk of said City, reference to which is hereby made for a more particular description of said acquisitions and improvements and for further particulars pursuant to the provisions of said Act. 7. That the diagram showing the assessment district referred to and described in said Resolution of Preliminary Determination and of Intention,and also.the boundaries and dimensions of the respective subdivisions of land within said district as the same existed at the time of the passage of said Resolution, each of which subdivisions having been given a separate number upon said diagram as contained in 3 Resolution No. 2976 said report, be, and it is hereby, finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said acquisitions and improvements. 8. That the assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions, respectively, from said acquisitions and improvements, and of the expenses inci- dental thereto, as contained in said report, be, and the same is hereby, finally approved and confirmed as the assessment to pay the costs and expenses of.said acquisitions and improvements. 9. That the maps and descriptions of the acquisitions to be made, as contained in said report, be, and the same are hereby, approved and confirmed. 10. That said Engineer's Report be, and the same is hereby, finally adopted and approved as a whole. 11. That the Clerk of this City shall forthwith deliver to the Acting Superintendent of Streets of said City the said assessment, together with said diagram thereto attached and made apart thereof as confirmed by this Council, with his certificate of such confirma- tion thereto attached and of the date thereof, and that said Acting Superintendent of Streets shall forthwith record said diagram and assessment in his office in a suitable book to be kept for that pur- pose, and append thereto his certificate.of the date of such recording, and such recordation shall be and constitute the assessment roll herein. 12. That said Acting Superintendent of Streets, upon the recording of said diagram and assessment, shall mail, or cause to be mailed, to each owner of real property within the assessment district at his last known address as the same appears on the tax rolls of the City, or on file in the office of the City Clerk, or to both addresses if said address is not the same, or to the general delivery when no address so appears., a statement containing a designation by street 24 Resolution No. 2976 number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the date of the recordation of said assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on unpaid assessments pursuant to the Improvement Bond Act of 1915.. 13. That said Acting Superintendent of Streets shall also cause Notice to Pay Assessments to be published in the Telegraph- Tribune, a newspaper published and circulated in said City that said assess- ment-has been recorded and that all sums assessed thereon are due and payable immediately and that the payment of said sums is to be . made within thirty (30) days after the date of recording said assess- ment, which date shall be stated in said notice, and of the fact that bonds will be issued upon unpaid assessments as above provided. Said publication shall be made once a week for two successive weeks with at least five days intervening between the respective-publica- tion dates, not counting such publication dates. 14. That final adoption and approval of the Engineer's Report as a whole, and of the.plans and specifications, estimate of the costs and expenses, maps and descriptions of the lands and easements to be acquired, the diagram and the assessment, as contained in said Report, as hereinabove determined and ordered, is intended .to and shall refer and apply to said Report, or any poKtion thereof, as amended., modified, revised or corrected by, or pursuant to and in accordance with any resolution or order, if any, heretofore duly adopted or made by this Council. 5 • J Resolution No. 297.6 I hereby certify that tae foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 2nd day of Februarv, 197F, by the following vote of the members thereof: on motion of Councilman Petterson, seconded by Councilman Norris: AYES, and in favor thereof, Councilmen: Graham, Gurnee, Norris, Petterson and Mayor Sclwartz NOES, Councilmen: None ABSENT, Councilmen: None e -t e City o San Luis Obispo WJM &L:JTM S:zw 11/25/75/ 10c RESOLUTION NO. 2975 A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE PROPOSED ACQUISITIONS AND IMPROVEMENTS JOHNSON AVENUE IMPROVEMENT RESOLVED, by the City Council of the City of San Luis Obispo, California, that WHEREAS, on the 3rd day of November, 1975, said Council, in accordance with and pursuant to the Municipal Improvement Act of 1913 and Section 17 of Article }VIII of the State Constitution, adopted its Resolution No. 2918, a Resolution of Preliminary De- termination and of Intention, wherein it did preliminarily determine that the public convenience and necessity require certain acquisitions and improvements therein described in general terms; WHEREAS, said Council thereupon appointed Monday, the 15th day of December, 1975, at the hour of 7:00 o'clock P.M. of said day, in the Council Chambers, City Hall, San Luis Obispo, California, as the time and place when and where any and all persons interested could appear and show cause why the Council should not find and determine that the public convenience and necessity require the proposed acquisitions and improvements without complying with Section 28.00 and following of the Streets and Highways Code of the State of California; WHEREAS, it appears that notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by said Act as evidenced by the certificates and affidavits on file with the City Clerk; WHEREAS, said hearing was duly and regularly held at the time and place advertised in said notices, persons interested appeared and shooed cause why the Council should not make the findings and determinations hereinafter set forth, documentary and oral testimony on the question of public convenience and necessity � - 2 9Z5 'I-) Resolution No. 2975 was duly introduced and fully heard and considered by the Council, and all persons interested desiring to be heard were given an appor- tunity to be heard, and all matters and things pertaining to said question of public convenience and necessity were submitted and fully heard and considered by said Council, and said protests were overruled and said Council has acquired jurisdiction to order said acquisitions and improvements and the confirmation of said diagram and assessment to .pay the costs and expenses thereof. NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER, that the public convenience and necessity require the proposed acquisitions and improvements as generally described in said Reso- s modified lution No. 2918 and Section 2800 and following of the Streets and Highways Code of the State of California.,shall not apply. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 2nd day of February, 1976, by the following vote of the members thereof: on motion of Councilman Graham, seconded by Councilman Norris: AYES, and in favor thereof, Councilmen: Graham, Gurnee, Norris, Petterson and Maya-r Schwartz NOES, Councilmen: None ABSENT, Councilmen: None ,,,o@Tty-Clerk ot the City o San Luis Obispo c WJM &L:.7TM:S.:zw 11/25/75 loc RESOLUTION NO. 2974 A RESOLUTION OVERRULING PROTESTS ON RESOLUTION NO. 2918 OF PRELIMINARY DETERMINATION AND OF INTENTION JOHNSON AVENUE IMPROVEMENT RESOLVED, by the City Council of the City of San Luis Obispo, California, that WHEREAS, this Council did on November 3, 1975, . adopt its Resolution No. 2918 of Preliminary Determination and of Intention to acquire and construct public improvements in and for said City; WHEREAS, on November 3, 1975, this Council adopted a reso- lution appointing time and place of hearing protests in relation to the proposed acquisitions and improvements and directing notice; WHEREAS, notice was given of the time and place therein stated in the manner provided by law, as appears from the certificates and affidavits on file in the office of the City Clerk; WHEREAS, said matter came on regularly for hearing at the time therein fixed; and WHEREAS, All written protests and other written communications were publicly read at said meeting and all persons desiring to be heard were fully heard; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That protests against said acquisitions and improvements were -- signed by the owners of a majority or more of the area of the lands within the assessment district, or of the area of the lands within the assessment district assessed for the costs and expenses of said acquisitions and improvements. 2. That said protests be, and each of them are hereby, overruled. Resolution No. 2974 I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 2nd day of February, 1976, by the following vote of the members thereof: On motion of Councilman Norris, seconded by Councilman Petterson: AYES, and in favor thereof, Councilmen: Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES, Councilmen: None ABSENT, Councilmen: None C- -Clerk of the City o 100'San Luis Obispo RESOLUTION NO WJM &L:JTM :S:zw 1/28/76 2973 A RESOLUTION ORDERING CHANGES AND MODIFICATIONS JOHNSON AVENUE IMPROVEMENT RESOLVED, by the City Council of the City of San Luis Obispo, loc California, that the proceedings had pursuant to Resolution No. 2918 of Preliminary Determination and of Intention adopted by this Council on November 3, 1975, be amended as follows: 1. Amend the Assessments as follows: From To Assessment No. 1 $ 3,684.00 $ 0.00 Assessment No. 2 6,031.25 5,943.25 Assessment No. 3 13,324.50 11$11.23 Assessment No. 4 7,234.50 3,211.35 Assessment No. 5 3,631.50 3,213.01 2. Amend the description of work.to read as follows: (a) The improvement of the easterly side of Johnson Street from Agnes Street southeasterly 250 feet, more or less, by the widening thereof and the construction and installation of improvements consisting of curbs, gutters, sidewalks, base and paving, water mains, relocation of sewer laterals, hose bibbs, removal of trees and brush, roadway excavation, reconstruction of existing retaining walls, embankments and other structures or facilities necessary or suitable in connection with said construction and installation of improvements, together with the acquisition of all lands and easements necessary therefor and the construction of all improvements auxiliary thereto and necessary to complete the same. (b) The making of all acquisitions and the performing of all work auxiliary thereto and necessary to complete the same. 3. Amend the estimate of cost to$175,000.00, of which the City will contribute all costs in excess of $23,878.84, which sum is the amount to be assessed; provided, however, that any additional cost for work done on private property to eliminate disparities in level or size between the improvement and private property, with the consent of the owner thereof, shall be assessed to the property affected. `7 -2973 Resolution No. 2973 I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 2nd day of February 1976) by the following vote of the members thereof: On motion of Councilman Norris, seconded by Councilman Petterson: AYES, and in favor thereof, Councilmen: Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES, Councilmen: None ABSENT, Councilmen: None ty er c of the City of San Luis Obispo i� RESOLUTION NO. 2972 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT PORTIONS OF LORRAINE TERRACE, SAN CARLOS DRIVE AND FLORENCE AVENUE ARE UNNECESSARY FOR PRESENT OR PROSPECTIVE STREET PURPOSES AND ORDERING THE ABANDON- MENT OF SAME. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. In accordance with the public hearing duly held this date pursuant to Division 9, Part 3, Chapter 2 of the California Streets and Highways Code and Resolution No. 2945, this Council finds and determines that the cross- hatched portions of Lorraine Terrace, San Carlos Drive and Florence Avenue shown and des- cribed on Exhibit "A" map attached hereto, and incorporated herein, are not necessary for present or prospective public_ street purposes and said portions are hereby ordered abandoned, subject to the reservation of the following easements: None. 2.. The City Clerk shall cause a certified copy of this Order of Abandonment to.be recorded in the San Luis Obispo County Recorder's Office. On motion of Councilman Graham, seconded by Councilman Petterson and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was pas of February, 1976. ATTEST: erk. and adopted this 2nd day r R 2972 r Nj W J co SAN CARLOS X�50' SCALE: /��a200� (1 7 ., AMDON EXHIBIT „A►, LU IQ o27131 '`3F 000000:00° - RECR Recording RequestL_; 6 27131: 39 A0000010' City of San Luis Obispo When Recorded, Return to: 7751 Si DOC. N0. .. _ i City Clerk OMCIAL RECORDS P. 0. Box 321 $AN LUIgg OBISPO CO., CAI. San Luis Obispo, CA 93406 COMPARED MAR 3 1976 WILLIAM E ZIMARIK COUNTY RECORDER TIME 10 . 4 5 AM RESOLUTION NO. 2972 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT PORTIONS OF LORRAINE TERRACE, SAN CARLOS DRIVE AND FLORENCE AVENUE ARE UNNECESSARY FOR PRESENT OR PROSPECTIVE STREET PURPOSES AND ORDERING THE ABANDON- MENT OF SAME. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. In accordance with the public hearing duly held this date pursuant to Division 9, Part 3, Chapter 2 of the California Streets and Highways Code and Resolution No. 29451 this Council finds and determines that the cross- hatched portions of Lorraine Terrace, San Carlos Drive and Florence Avenue shown and des- cribed on Exhibit "A map attached hereto, and incorporated herein, are not necessary for present or prospective public street purposes and said portions are hereby ordered abandoned, subject to the reservation of the following.easements: None. . 2.. The City Clerk shall cause a certified copy of this Order of Abandonment to be recorded in the San Luis Obispo County Recorder's Office. On motion of Councilman Graham, seconded by Councilman N Petterson and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of February, 1976. ATTEST: sJ KENWTH E..SCHW'ARTZ yor s(. J. H. FITZPATRICK ro y . City Clerk R:;24J, 2";l I Ce try :hat the foregoing is a tail::GUC and_ in •L;coirert rnpy - "of' a Resolution passed by.the, City Council, ol; the City'of. uis Obispo, California, on'i�"cG...:Z�,i:y,7G ai __:EVin 8S;t PAct 255 J W j Z Q W � v J SAN CARLOS OR. Ul m 50 W SCALE: a 200 t V Q EXHIBIT „A,/ END OF DOCUMENT LVOAS33 Pacc 256 ftj ftj RESOLUTION NO. 2971 (1976 Series) Reversion to acreage of property located near Lorraine Terrace, San Carlos Street and Florence Avenue. Owned by the Southern Pacific Railroad. Motion of Councilman Graham, seconded by Councilman Norris. 5 ayes. February 2, 1976. Resolution never prepared in final form. Action should be continued for future action by Southern Pacific to initiate reversion to acreage. .x-297/ RESOLUTION NO. 2970 (1976 Series) A RESOLUTION INCREASING THE 1975 -76 BUDGET. BE IT RESOLVED by the Council of the City of San Luis. Obispo as follows: 1. That Account No. 50 -41- 5750 7000, Equipment Replacement, be increased $1,620.00. On motion of Councilman Graham, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES :. None ABSENT: None the foregoing Resolution was duly passed and adopted this 19th day of January, 1976. ATTEST: /7-"� 9 7d N i RESOLUTION N0. 2969 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT PURSUANT TO THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 . (CETA). BE IT RESOLVED by the Council of the City of San_Luis Obispo as follows: 1. This Council hereby approves an agreement dated January 5, 1976, pursuant to the Comprehensive Employment and Training Act of 1973, and the Mayor is hereby authorized to sign said agreement on behalf of the City. A copy of said agreement shall be maintained on file in the Office of the City Clerk. On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of January, 1976. ATTEST: "3 - 2 94y CETA WORK EXPERIENCE AGREEMENT [Comprehensive Employment and Training Act of 19731 This Agreement is made and entered into this 5th day of January 197.6 in the City of San Luis Obispo, California, by and between the County of San Luis Obispo, Manpower Office, representing the Prime Sponsor [hereinafter called "Office "], and the City of San Luis Obispo [hereinafter called "Grantee "]; WITNESSETH: In consideration of the mutual covenants, conditions, promises and agreements herein set forth, Office and Grantee hereby mutually covenant and agree as follows: 41. The term of this Agreement shall be August 1, 1975, 'through and including June 309 1976. 2. Office shall refer eligible participants to Grantee 4 for a Work Experience Training Project, hereinafter referred to as the "Project ", pursuant to Work Experience Training Project specifications. 3. Grantee shall provide supervision, materials, space, equipment and training necessary for the operation of the Project, except materials and equipment which Office agrees in writing to provide reimbursement for. 4. Workmen's Compensation coverage f.or participants referred to the work experience .activity will be provided by Office. 5. Grantee shall provide participants with safety instructions and equipment necessary for reasonable protection against injury and damage, except where Office agrees in writing to provide the same or reimburs. ant therefor. If Grantee Provides special clothing or equipment to its regular employees. Grantee shall provide the same type of clothing or equipment to the participants, except where Office agrees in writing to provide such items or to provide.reimburse- ment to Grantee for the same. Grantee's facilities and equipment used under this.Agreement shall comply with all applicable Federal, State and local health and safety laws. b. Grantee shall �zintain the confidentiality of any information regarding participants or their immediate families which nay be obtained through application forms, interviews, tests, reports.from public agencies or counselors or any other source. Without the written permission of Office, such information shall be divulged only as necessary for the performance or evaluation of this Agreement and only to persons having responsibilities under this Agreement. 7. Office has the.right to observe and monitor all conditions a nd a_tiviti'es of the project under this Agreement and shall have reasonab e access to, and the right to inspect, the project site. S. This Agreere. is subject to Title VI of the Civil Rights Act of 1464 and the rrgui tions issued under L hat Titles. Any service, financial aid or otter befte its to be provided under this Agree.-,;Ent shall be prc.',ded a,it, ^o: �iscrimir.eti:^ uecallse of race, sex, color, cr na tio:zl J. su °:r ;r • ,t 9. such rer--rts and records as require- )to assure com- pliance with this.paragraph. The 'parties to this Agreement shall abide by the' provisions of the attached assurances identified as "Exhibit A" which,is incorporated herein by reference as though here fully—set forth. 10. This Agreement covers all participants enrolled in a Work Experience Training Project at or on Grantee's worksite, with no specified number of .participants or. job categories set during the tern of this Agreement. 11. This Agreement covers all participants'.enrolled in a Work Experience Training Project whether in a full or part =time capacity. 42. To be valid and binding, alterations or variations of. the terms of this Agreement ust-be in writing, signed by the parties hereto. There are no cral understandings ,�. ..or agreements.not incorporated herein. 13. Grantee shall pay participants here-under the minimum -wa.Ses required by federal law. i4. Grantee shall pay all partieipant's.wages to the participEnt and subriit a voucher therefor to Offi__ for all costs incurred by the 3rd of each north. M costs for administrative purrosas by Grantee may b_ billed. is. Part -1; ci pants parti c PE—Li nq F ereunder sisal l not by reaso: thereof be dee;aed to be em.rlovec_ of Office for E-11 purpose wnatsoever, but rcther such par' :iCiraftS shall bc- Gr2i1.2°_�s E..dllnvices rcr all purposes hereundRi,. n . c ��L .sil l l6. G 1 1, d�'Yei1C, l.i--�'ii:(t,1rV and 5dve'harf'1esS 2li -i i S 0 T i any and all claims, demands, liabilities, costs, expenses, damages, taUSes Or eCtiOli and jUC ... ".:°n2s in any way arising out of any act or failure to act by Grantee or by participants hereunder, provided that the above shall not apply to any act'ar failure to act by Office hereunder. 17. Grantee shall add Office as an additional named insured to Grantee's public liability and property damage insurance. 18. This Agreement may be terminated by either party hereto in its sole discretion upon written notification to the other party at least ten (10)'days prior to such terminatian. .19. Employment of any individual.or individuals. under' this Agreement-may be terminated by Grantee at any time in Grantee's sole discretion. IW WITNESS WHEREOF, this Agreement has been executed in ducliczte, by and on behalf of the parties hereof, on the day 4 and year- first 11ereinabove written. i::A!NTEE OFFICE i 51gnaL; Signature Ur. Richard J. Kre;sa Mayor of San:Luis Obispo C,;airman. EOard of Su;�_ryi5o"$ Title Title City Hall _990.Palm Street,S 93401 Ae. di .'.mss 5A1-_J OfL—,__..___ CourthoLse Annex, Poo,:. 217 San I 1.1 L:I Si1 C' f �a1 1'1 p — - - - - - -- Ad r'eS5 - r CourthoLse Annex, Poo,:. 217 San I 1.1 L:I Si1 C' f �a1 1'1 p — - - - - - -- Ad r'eS5 EXHIBIT A ASJJRP%NCES A. Grantee assures that: 1. It will comply with the •requirements CETA and with the regulations and policies promulgated thereunder; and 2. No person with responsibilities in the operation of any program under this Agreement will discrir..inate with respect to any program client or any applicant for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs; and 3. It will comply with the provisions of the Hatch Act, if applicable, which limits the political candidacy of- employees; and, 4. The Program under CETA does not involve political candidacy of employees; and 5. Services and activities provided under this Agreerer,t will be administered by and under the supervision of Grantee; and ..16. Approp•r'iatz standards for health and safety in work and .training situations will be maintained; and 7. Conditions of employment or training are appropriate and reaso abi2 !•:ith regard to the type of work, the geographicai region; a!ld thu proficiency cf the applicant; and 8. Traininn and related services W1 1., to the maXiMU,_11 r extent Ir2C iC2i!' =, he corsi5tent 4'iith evEry individual's fulle_t ci:::dEiIit- and lead to Emr)1C�i ;lt G�j:r` U.rlii"i!ti1Ci? 1':111 r- :i,i?iC' pa!': iCi C. i;S i!l bz. cme C:.Cnr.r'.iC 1 V sC'1 S'.ii'i:iCie.vt, Si_F'1':C j 1, nth t nnS0 •.s. n.. � t r_ C7 ! r � e r � _ • t IiL i c. 1" lG i,�_� l���l•J�1 P�Le��.T" _ /v/ t r 1� /S set- If Grcf?Lt'2 c��c::i::l; h E:rctO ii:w ., e J .:lb,l'L L c i'iCGrrlGrZL Erc- ili ily rtr°_' r ci CE 0 an �, F.` ^Ci tt:r_:' `0 iii i n 1' d!i� 5. The program 0e Pf axi,.UFO e >:te�' feasible, s; , RESOLUt!ION NO. 2968 (1976 Seri�e�) A RESOLUTION INCREASING THE 1975 -76 BUDGET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That Account No. 10 -01- 2108 -086, Planning & Research, be added to the Administration budget in the amount of $4, 500.00. 2. That Account No. 05 -01- 3999 -000 be decreased by $4,500.00. On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 19th day of January, 1976. ATTEST: -. , iii /�!� (-�W- '2948 RESOLUTION NO. 2967 (1976 Series) - A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA RESOURCES AGENCY, DEPARTMENT OF PARKS AND RECREATION, FOR REDEVELOPMENT OF MITCHELL PARK FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby approves Project Number 40 -0003 with the State of California Resources Agency, Department of Parks and Recreation, for various improvements at Mitchell Park. The Mayor is authorized ''to execute an agreement for the project on behalf of the City. On motion of Mayor Schwartz, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of January, 1976. ATTEST: �MMR R 2967 RESOLUTION NO. 2966 (1976 Series) " A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPOINTING ROBERT I. CORCORAN TO ADMINISTER THE BUDGET FOR THE DOWNTOWN PARKING AND BUSINESS IMPROVE- MENT AREA. WHEREAS, the Advisory Board for the Downtown Parking and Business Improvement Area has recommended that the City retain Robert I. Corcoran to administer the budget for the Area in accordance with the provisions of Exhibit "1" agreement. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby approves the agreement entitled "Business Improvement Area Administrator Employment Contract," a copy of which is marked Exhibit "1 ", attached hereto and incorporated herein, and the Mayor is authorized to execute same on behalf of the City. On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of Januarv, 1976. ATTEST: R 2.966 RESOLUTION NO. 2965 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING.THE.FINAL MAP OF MINOR SUBDIVISION NO. 436, EL TIGRE COURT AND MADONNA ROAD ( AIME LA LANDE). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The final map of Minor Subdivision No. 436 at E1 Tigre Court and Madonna Road (Aime LaLande) is hereby approved by the City of San Luis Obispo. This Council hereby finds that said Minor Subdivision Map and its provisions are consistent with the General Plan of the City of San Luis Obispo. On motion of Councilman Gurnee., seconded Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of- January, 1976. ATTEST: R 2965 �� U RESOLUJTION NO. 2964 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALKS CONSTRUCTED (REPAIRED) UNDER THE 1911 ACT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth hereafter. 2. That the hereinafter listed construction (repair) costs shall be paid within thirty -one (31) days after the date hereof and any such costs remaining unpaid thereafter shall be turned over to the City Tax Collector to be placed as a lien against the property and collected with the City taxes, and subject to the same penalties and costs if not paid on the first installment. The property owners, addresses and construction costs are as follows: J. Adams 1350 Mill Street $106.25 E. L. and E.M. O'Reilly 1625 Monterey Street 261.17 On motion of Councilman Norris, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz_ NOES: None ABSENT: None the foregoing Resolution was p ss d and adopted th' 19th day of January, 1976. Attest: ayor erk .. RESOLUTION NO. 2963 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALKS CONSTRUCTED UNDER THE 1911 ACT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth hereafter. 2. That the hereinafter listed construction costs shall be paid within thirty -one (31) days after the date hereof and any such costs remaining unpaid thereafter shall be turned over to.the City Tax Collector to be placed as a lien against the property and collected with the City taxes, and subject to the same penalties and costs if not paid on the first installment. The property owners, addresses and construction costs are as follows: W. 0. and W. L. Lovelady 1551 Palm Street $ 473.00 H. S. and J. E. Zelazny 1521 Palm Street 515.00 3. That at the request of the property owners and in accordance with Section 5895 of the Streets and Highways Code, the Council hereby determines that the assessments set forth may be paid in three (3) annual installments, including interest at the rate of three (3) percent per annum on the unpaid balance; said interest to run from the thirty -first day after the date hereof to the time payment is made in full of the principal amount provided that failure to pay any installment and interest R 2963 Resolution No. 2963 2 (1976 Series) when due shall make the remaining principal balance and interest payable in full and subject to additional penalties and interest as provided for City taxes and subject to the same procedure for foreclosure and sale. Said property owners, addresses and construction costs are as follows: D. V. Holmes A. F. and R. E. Jensen 370 Kentucky Street 1358 Peach Street $1,015.00 524.00 On motion of Councilman Graham, seconded by Councilman Norris, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of January, 1976. ATTEST: RESOLUTION NO. 2962 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALKS CONSTRUCTED PURSUANT TO THE MUNICIPAL CODE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth hereafter. 2. That the hereinafter listed construction costs shall be paid within thirty -one (31) days after the date hereof and any such costs remaining unpaid thereafter shall be turned over to the City Tax Collector to be placed as a lien against the pro- perty and collected with the City taxes, and subject to the same penalties and costs if not paid on the first installment. The property owners, addresses and construction costs are as follows: W. and H. Cool 0. R. and C. G. Davis S. S. and F. Kinsey, et al. K. E. and L. Little 483 Sanderoock Street $ 507.63 (Hutton Street side) 480 Branch Street 1,795.34 (Hutton Street side) 2046 King Street 539.19 2119 Hutton Street 539.19 R 2962 Resolution No. 2962 2 (1976 Series) 3. That at the request of the property owners and in accordance with Section 7350.3 of the Municipal Code, the Council hereby determines that the assessments set forth may be paid in three (3) annual installments, including interest at the rate of three (3%) percent per annum on the unpaid balance; said interest to run from the first day of the month following passage of this Resolution to the time payment is made in full of the principal amount, provided that failure to pay any installment and interest when due shall make the remaining principal balance and interest payable in full and subject to additional penalties and interest as provided for City taxes and subject to the same procedure for foreclosure and sale. Said property owners, addresses and construction costs are as follows: C. C. and H. Allen 2076 King Street $ 564.45 R. H. and B. D. Collins 443 High Street. 1,601.50 (King Street side) J. S. Estrada, et al. 2135 Hutton Street 791.37 D. D. and E. M. Law 446 Sanderoock Street 1,046.18 (King Street side) E. McDaniels 464 Sandereock Street 471.33 (King Street side) H. E. and E. V. Wright 474 Branch Street 798.36 G. Victorino, et al.' 463 High Street 1,966.21 On motion of Councilman Graham, seconded by Councilman Norris, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of January, 1976. ATTEST: �I ► �( `, c�r�� IN <I IN, ��� 41,1111111111111 o !III (1y766 series) A resolution honoring Leland A,)Balatti for his rna7 contributions to the,g'an Luis Obispo area WHEREAS, Lee Balatti, friend and neighbor, is about to retire from employment with Pacific Telephone and Telegraph Co. after serving them since 1930; and WHEREAS, the past thirteen years have been spent as manager of the local branch; and WHEREAS, he did not stop at fulfilling his basic duties with the P. T. &T. Company but also lent his considerable charm and talents toward making the community a better place. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The work of Lee Balatti in leading the formation and development of the City Housing Authority is gratefully acknowledged. His efforts over the years in such capacities as Rotary President, U.N. Day Chairman, Vice Chairman of the Grand Jury, member of the County Juvenile Justice Commission and the Juvenile Delinquency Prevention Commission are also recognized. The main thrust of our commendation, however is to honor Lee Balatti as a friend and fellow citizen of our fine community. It is our understanding that he plans on continuing to contribute to our community life, but as far as his daily prescribed routine is concerned we congratulate him on his "promotion" to retirement. On motion of Councilman Graham, seconded by Councilman Norris, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 19th day of January, 1976. ATTEST: ------,� �� RESOLUTION NO. 2960 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE FILING OF A NEGATIVE ENVIRONMENTAL IMPACT DECLARATION FOR THE JOHNSON AVENUE WIDENING PROJECT, CITY PLAN 2 -72. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council has considered the possible environmental impact of the widening of Johnson Avenue in accordance with City Plan 2 -72 and has determined that a Negative Declaration shall be filed with the County Clerk. The Community Develop- ment Department is hereby directed to prepare and file said Negative Declaration. On motion of Councilman Petterson, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None . ABSENT: None the foregoing Resolution was passed_ and adopted this 21st day of January, 1976. ATTEST: r y erk R 2960 RESOLUTION NO. 2959 (1976 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO FIRE MARSHAL DON SYLVIA FOR HIS LONG AND DEDICATED SERVICE TO THE CITY AND ITS CITIZENS. WHEREAS, on Jut y 1. 1964, the San Luis Obispo City Fire Department hired, with great expectations, Donatd Joseph Sytv.ia as Fireman. He has 6ut6.iteed those .expeetat.ions by quat.iby:ing bon, and paomot.ing to, the position ob F.ixeTnspeetor on Juty 1, 1967, F.uee Captain on June 1, 1968, bnom which position he was appointed as Acting F.ixe. Marahat on September 10, 1973, and was promoted to Fine Mau hat on January 15, 1975; and WHEREAS, Don Sytv.ia's success is due in no amatt part to the support of his w.ibe, Judy, and their -eh.itdnen, Shenr.i, Donna, Kevin, Carrot and Many; and WHEREAS, Don Sytv.ia, aside brom his sexv.iee within the Fine Department, has ti- tetessty served his country as a U. S. Maxine, his gettow b.ixemen as an active member ob the Cati6onn.ia State F.inemen's Association, and his community through .innumerabte zexv.ice oxgankzat.ionz; and WHEREAS, Don Sytv.ia teavez the City ob San Luis Obispo on January 15, 1976, to continue in the g.ire zexv.iee as Ch.ie6 o6 the Atascadero Fine Di4tr.ict on February 1, 1976. NOW, THEREFORE, BE IT RESOLVED that this Coune.it wishes to express its gxat.itude and appreciation to Don Sytv.ia 6or his twetve years ob dedicated 6exv.iee to the City and its citizens; and BE IT FURTHER RESOLVED that the City ob San Luis Obispo, atthough it regrets his Leaving its zenv.iee, wishes the greatest success to Donatd Joseph Sytv.ia in his butuxe quests. On motion ob Coune.itman Gurnee, seconded by Counc.itman Petterson, and on the o ow.c.ng no t Batt vote: AYES: Counc.itmen Graham, Mayan Schwartz NOES: None ABSENT: None Gurnee, No -utiz, Pettenson, and the boxego.ing Resotut.ion was passed and adopted this 19th day o6 January, 1976. 'U RESOLUTION NO. 29.58 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A POLICY FOR MARKING BICYCLES LANES ON CITY STREETS. BE IT .RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Bicycle lanes established by marking on pavement will be only on certain streets as herein shown on Exhibit "A" and only in those areas where streets have sufficient width to carry both motor vehicles and bicycles. 2. Streets on which such bicycle lanes may be established are those portions of the following streets which are a part of the approved bikeway plan as shown on the attached Exhibit "A ". a. Broad Street b. Santa Rosa Street c. Foothill Boulevard d. Higuera Street e. California Boulevard 3. Additional bicycle lanes may be established only after study by the Community Development Department to define both the benefits and problems of bicycle lanes. 4. The City recommends to the State of California Department of Transportation that bicycles lanes be marked on Broad Street. On motion of Councilman Norris, seconded by Mayor.Schwartz, and on the following roll call vote: R 2958 Resolution No. 2958 2 (1976 Series) AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of January, 1976. ATTEST: i X X w moms 0 10 �o 0 0 1 vlol8ivdif jzaaN % Tr-' 0 T7zmd 0 < m Ai it ! V) vlol8ivdif jzaaN % Tr-' 0 T7zmd RESOLUTION NO. 2957 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING ".A BIKEWAY PLAN FOR SAN LUIS OBISPO" AS AMENDED BY THE CITIZENS ADVISORY COMMITTEE AND THE TRAFFIC COMMITTEE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby adopts "A Bikeway Plan for San Luis Obispo" by John Williams with amendments as recommended by the Citizens Advisory Committee (Exhibit "A ") and the Traffic Committee minutes of December 30, 1975 (Exhibit "B "). Copies of said plan and amendments shall be kept on file in the Offices of the City Clerk and the City Engineer. On motion of Councilman Norris, seconded by Mayor Schwartz, . and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of January, 1976. ATTEST. i i r R 2957 ORAFT 8 -25 -75 �FT 10 -3 -75 TO: The Honorable Mayor and City Council FROM: Citizens' Advisory Committee SUBJECT: Bikeway Plan Pursuant to the direction of the City Council, the Citizens' Advisory Committee has reviewed the document "A Bikeway Plan for San Luis Obispo" prepared in 1974 by John Williams. I II. Introduction: Contrary to its title, this tome does not analyze or lay out a plan for bikeways within the City of San Luis Obispo. The author questions the utility and effectiveness of bike lanes and recommends quite strongly that bike lanes be given a secondary priority to bike education programs. Accordingly, the report is devoid of recommended bike routes; their cost-effective- ness; which routes should have construction preference, etc. The author identifies the nature of the bicycle problem in San Luis Obispo as one of safety and proceeds to recommend solutions., other than bikeways, to that problem. The following discussion capsulizes the report and reflects the recommendations of the CAC. Because the report does not prioritize the recommended programs (solutions) , the CAC has taken that liberty. Discussion: As indicated hereinabove, it was the opinion of the author that the solution to the bike problem lies in the domain of education and enforcement and not in bikeway design (pg. 26, 61). He felt that bikeways are only part of the solution, and only then when the question "do we need bikeways" can be answered with a resounding affirmative (pg. 32,40). As pointed out, most bike -car accidents are the result of the unsafe and illegal behavior of bicyclists (pg. 25). Consequently, the author proposed five (5) packages for implementation by the City with special emphasis on safety. A. Package I 1. Recommends that: a. The City hire a bicycle safety officer. b. The City work to encourage school districts to institute courses in bicycle safety: c. The City inaugurate a bicycle safety week. d. The City require bicycle licensing. e. A safety pamphlet be prepared. f. The City initiate a program of bicycle safety media advertising. g. There be enforcement of the vehicle code regarding bicyclists. 2. The CAC concurs most strongly with the recommendation of Package I save for the following reservations or suggestions: a. That bicycle safety be assigned as a collateral duty to an existing City police officer rather than incurring the expense of hiring a new officer. CAC recommends that sign be posted outside police station re maps and information. b. That all bicycles be licensed on a yearly basis upon payment of the prescribed fee and, if feasible, upon satisfactory completion of a bicycle safety test. That each licensee receive a' bicycle safety pamphlet. That the fees so collected go towards the bicycle safety budget account. E ALrI81 1T „A ►r Flonurable Mayor and City Council Subject: Bikeway Plan Page 2 -C c. That media advertising be. initiated only if time is donated_ as a public service message. B. Package 2 1. Recommends that: a. The City promote and form various cycling clubs. b. The City promote cycle touring events. c. A touring column should exist in local newspapers, 2 It is the feeling of the CAC that Package 2 represents areas of a "private" nature that would be more efficaciously achieved independent of the City by those citizens who share bicycling interests. The limited resources available to the City for bicycle programs precludes it from funding or promoting every bicycle program imaginable. C. Package 3 1. Recommends that: a. The City construct signal actuators at seven (7) locations within the City. b. The City establish a program where bikes can ride piggy -back on City buses. c. The City upgrade existing bike routes by paving, sweeping, etc. d. The City relocate existing manhole covers, storm sewer grates, etc. that interfere with bicycle riding. e. The City improve existing bike lanes without adding new lanes. f. The City improve bicycle parking downtown. 2. It is the opinion of the CAC that: a. Neither the -need for or costs required for signal actuators has been sufficiently studied to enable the City Council to make a reasonable decision.. The demonstrated need must be sufficient to justify the high costs of signal actuators. b. The report cannot substantiate a demonstrated need for the bike -bus proposal. c. The high costs of street repaving prohibit the route upgrading suggested by the author without further evidence of current status, amount of bicycle traffic, etc. The CAC does recommend, however, that all bike route lanes be paved, if needed, to inspire safe bicycling. d. The adjusting of utility locations is economically unfeasjble. However, the CAC strongly recommends that existing bike lanes be surveyed for the purpose of identifying possible safety hazards with the intent of eventual modification so as to limit the potential liability of the City as well as prevent accidents. e. The conclusion of the author not to add new bike lanes is debatable. The facts would indicate a tremendous number of bicyclists in this community, especially during the school year, and their concomitant conflict with existing vehicular traffic patterns and lanes. Safety is definitely a problem. Honorable Mayor and City Council Subject: Bikeway Plan Page 3�� Simply widening outside traffic lanes as suggested by the author may be impossible on some streets or unfeasible on others because of the high cost of right of way. The CAC nevertheless feels that some future action regarding bike lanes or bike routes is especially required for the Cal Poly high intensity bike - commuter corridors, i.e. (1) Foothill area to the university. (2) Grand Ave. area to the university. (3) Downtown to the university; and for that reason recommends that the City Council adopt• the recommendations of the Traffic Committee to achieve that-end. f. The CAC is in favor of increasing bicycle parking downtown, if economically feasible. The novel. idea of locking a bicycle to a parking meter should be explored. D. Package 4 1. Recommends bike "paths" for off - street areas or infrequently travelled streets. 2. The CAC believes that this should be a low priority item because of the high cost of right -of -way and paving as measured against the demonstrated need. However, the idea of having bike paths in or near creek beds (flood plain areas) is imaginative and should be considered. E. Package 5 1. Recommends: a. Mixed -mode cycle trips be sponsored. b. Directional signing for bicyclists be placed on routes.. c. Maps for bicyclists be produced. 2. The CAC is of the opinion that:' a. Mixed -mode cycle trips should be privately sponsored by cycle clubs and not actively supported by the City.. b. Directional signing and identification of bike lanes serves both an educational and safety purpose and should be given a high priority on the list of bicycle programs proposed. c. A bicycle map of the City will not serve a useful purpose until such time as all of the bicycle routes of the City are established and in operation. The map could be printed on the back of the safety pamphlet to be handed out to licensees, thus recovering the printing cost. III. Conclusion:. The CAC is in total agreement with the report's primary emphasis on education and safety. For that reason it recommends the following phased implementation of the Bikeway Plan in the priority as indicated: 1. Package 1. 2. Sections (c), (d), & (e) Package 3: improvement of existing bike lanes including the survey and removal of any and all safety hazards. LIonorable Mayor and City Council Subject: Bikeway Plan Page 4 3. Section (b) Package 5: signing. 4. Complete implementation of the recommendations of the Traffic Committee regarding bike lanes and bike routes. 5. Section (a) Package 3: signal actuators. 6. Section (f) Package 3: downtown parking. TC- 13 -12 -75 Continued item from meeting of November 26, 1975. This item is a request by the Citizens' Advisory Committee to review the City's Bikeway Plan and their requirements. Recommendation: The Traffic Comni.ttee generally concurs with the Citizens' Advisory Committee's comments on a Bikeway Plan for San Luis Obispo prepared by John Williams. We disagree in the following areas: l) under paragraph II- A -2 -a, Traffic Committee doesn't feel a sign should be posted outside the Police Department with maps and information for bicycle riders. This information is available at the public counter inside the door at all hours. The Committee recommends that the City offer to cooperate with various ca munity groups for the installation of signs indicating the approved bikeways. This cooperation would be in the form of locating property on which the signs may be.placed, and reviewing the design of the signs. The Committee envisions that these signs could be placed at the entrances of the City or in City parks. The Traffic Committee recommends that all Police Officers be designated as bicycle safety officers and not limit this duty to a single officer. 2) II- C -2 -a, Traffic Con.nittee does not feel that adding special signal actuators for bicycles can be warranted due to the high cost of such an installation. 3) II- C -2 -f, Traffic Committee is in favor of adequate parking for bicycles in the downtown area but is strongly against use of meter posts as tie down points for bicycles. The Citizens' Advisory Committee did not address itself to the bikeway map that was included in the plan, therefore, the Traffic Committee is resubmitting its proposal to the Council for adoption. TRAFFIC COMNffTTEE WAP:js encl. EXHIBIT J RESOLUTION NO. 2956 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY `OF SAN LUIS OBISPO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE REMOVAL OF CERTAIN DRIVEWAY RAMPS ON PORTIONS'OF VARIOUS STREETS IN THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council, having held a duly noticed public hearing, and having considered the objections or protests presented in said hearing, hereby finds and determines that the public con- venience and necessity require the construction, reconstruction, . or repair of sidewalks, including driveway ramps as set forth upon Exhibit "A" attached hereto. 2. The Superintendent of Streets is hereby authorized and directed to give notice and do all other things necessary for the accomplishment of said sidewalk and driveway ramp con- struction as authorized by Municipal. Code Section 7350 and subsections thereof. On motion of Mayor Schwartz, seconded by Councilman Gurnee, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris the foregoing Resolution was passed and adopted this 7th day of January, 1976. ATTEST: R 7QSti EXHIBIT "A" NOTE: C = Curb and Gutter S = Sidewalk R = Driveway Ramp agNER LOCCATION PARCEL NO. IMP. RDQ. P. S. Burton 1185 Monterey St., also 2- 436 -07 C, S ** Toro St. side B. H. Gibson 1200 Monterey St. 1- 222 -11 C, S *+ *Abandoned Driveway Ramp to be Removed **Excessive Driveway Ramp to be Narrowed +Easterly ramp only Resolution No. 2956 Adopted Jan. 7, 1976 RESOLUTION NO. 2955 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING THAT A PUBLIC NUISANCE MAY EXIST UPON THE REAL PROPERTY WEST OF TRACT 467 (LOS VERDES PARK) AND EAST OF SAN LUIS CREEK IN THE VICINITY OF LOS OSOS ROAD EXTENDED, AND ORDERING A PUBLIC HEARING CONCERNING SAME AND THE ABATEMENT THEREOF. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council finds that the unauthorized storage of rocks and earth material upon the real property generally des- cribed as situated west of Tract 467 (Los Verdes Park) and east of San Luis Creek in the vicinity of Los Osos Valley Road extended, and more particularly described as: Parcel B as shown on Parcel Map SLO 74 -115 recorded in Book 17 of Parcel Maps at Page 57 on file in the Office of the County Recorder, County of San Luis Obispo, State of California, may constitute a public nuisance. The location of said real property is, also shown upon.Exhibit "A" map attached hereto, and thereby incorporated herein. 2. This Council intends to hold a public hearing on February 2, 1976, at 7:30 P. M., in the Council Chambers of the City Hall, to ascertain whether said rock storage con- stitutes a public nuisance which should be abated. 3. The facts forming the basis for the aforesaid finding are that said rocks were stored and piled upon said premises without City permits and contrary to City ordinances over one year ago, and said rocks remain thereon illegally despite repeated promises by the person placing them there that Resolution No. 295:.--. 2 (L,-'6 Series) they would be removed by various deadline dates, all of which constitutes a public nuisance under the provisions of the Municipal Code. 4. Possible methods of abatement are to remove said rocks and earth material. 5. The City Clerk is hereby directed to comply with the provisions of.Municipal Code Sections 4400.4, 4400.5 and 440.0.6 concerning the posting and serving of notice of public hearing. On motion of Councilman Gurnee, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Pene_rson and Mayor Schwartz NOES: None ABSENT: Councilman Norris the foregoing Resolution was passed and adopted this 7th day of January, 1976. ATTEST: O :!s; O O rl t1- uls C1431 1606,7 vt- Rk, '6-,6 , / -Tj 0 C- Ul 7�k '91 'y 36' 83 SO sp � \gs��99 <- / i - \ � 1�7 1 �� / j' h•. ;'•- is � `� wn Rod 43 OF � Tg vac. 3'14 00 J�J-- , i � "I - I X .Q 5-f! ITIP, r) VI EIf I I hI Al r► A, I B I T A V00 — S. y //1;7e. Or/&� 700 , R; �20 7 '0 LD /vor 4 �0. F/F: 7- �� . 00 7- - -,-� ,if 3 g O/V/ -gi- i. /4/G v co *)3 , ;r AZS acg rA .00 11 Lh V SON 11 RESOLUTION NO. 2954 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING A PROPOSED CONSTITUTIONAL AMENDMENT PROHIBITING MEMBERSHIP IN AN EMPLOYEE ORGANIZATION AS A CONDITION OF EMPLOYMENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby supports and urges the California Legislature to adopt proposed Senate constitutional amendment to be submitted to the voters of the State of California which would prohibit requiring membership in an employee organization as a condition of employment by any governmental entity.(Stull) 2. The City Clerk is directed to send copies of this Resolution to Assemblyman Nimmo, Senator grunsky, the League of California Cities and other interested groups or agencies. On motion of Councilman Graham, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of January, 1976. ATTEST: i R 2954 RESOL'`'.ON NO. 2953 (1976 Series)' A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING 36 MINUTE METERED PARKING ON PALM STREET, ESTABLISHING A PASSENGER LOADING ZONE ON BRANCH STREET AND ESTABLISHING A STOP SIGN ON ELKS LANE AT PRADO ROAD. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Existing parking restrictions are hereby rescinded. and 36 minute metered parking spaces are hereby established on the northerly side of Palm Street beginning at a point 72 feet westerly of the southerly prolongation of the westerly property line of Osos Street and thence continuing to Morro Street. Said restrictions to be effective between the hours of 9:00 A.M. to 6:00 P.M., Sundays and holidays excepted. 2. A passenger loading zone is hereby established on the north side of Branch Street beginning at a point 17 feet westerly of the southerly prolongation of the westerly property line of Story Street and thence continuing 110 feet westerly. 3. A stop sign is hereby established on Elks Lane at Prado Road. On motion of Councilman Norris, seconded by Mayor Schwartz, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None. ABSENT: None the foregoing Resolution was passed and adopted this 5th day of January, 1976. ATTEST: ty Clerk R 2953 Room 2057 STATE CAPITOL SAC"N=2VTO 95814 (916) 445 -3731 105 N. ROSE STREET, S= 106 EscONDmo 92027 (714) 743 -8338 73 -282 HicnwAT 111, SUITE 106 PATm DESERT 92260 (714)346 -7738 895 BnoA wAT EL CENTno 92243 (714) 353 -4038 Dear Mayor: JOHN SnTLL SENATOR THIRTY - EIGHTH DISTRICT SAN DIEGO, RIVERSIDE AND IMPERIAL COUNTIES December 22, 1975 COMMITTEES VICE cIIARImAN EDUCATION' AGRICL'LTOEE AND WATER REs6unCES IxDDsTnrer. RELATIONS LOCAL Gov=ma= MEMBEn CA=onInA AD ons COUNCA. ON VOCATIONAL EDUCATION AND TncnxlG MRA" n G EDUCATIONAL MANAGEMENT AND EVALUATION COMMISSION ,SELECT COMMITTEE ON SMALL BUsINE59 ENTE wsEs 'CAI oENIA ECONOMIC DEvELopbmi'T CommiSsloN _ SELECT COMMITTEE ON M UUTIII E INDUSTnY EDUCATION COmbOSSIOx OF Tim STATES 5 197UGENDA ITEM # cjl� ( ) APPROVED ( ) DENIED I ), CONTINUED TO . Enclosed is a copy of a draft constitutional amendment which I intend to introduce in January. Not only do I believe that citizens should not be required to pay dues or fees to a third party in order to be employed by their government, at any level, but I also believe it imperative that the people of California have the opportunity to vote on this matter. I would very much appreciate your bringing my proposal to the attention of your city council and would welcome a resolution of support. �i cerely, JOHid STULL Senator, 38th District Enclosure % J OCT f42 E 1975 Req. 420853 Senate Constitutional Amendment No. A resolution to propose to the people of the State of California an amendment to the Constitution of the state, by amending Section 8 of Article I thereof, relating to individual rights. Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 1975 -76 Regular Session commencing on the second day of December, 1974, two - thirds of the members elected to each of the two houses of the Legislature voting therefor, hereby proposes to the people of the State of California that the Constitution of the state be amended by amending Section 8 of Article I, to read: Sec. 8. A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin_ nor may any person be required toioin or to pay dues or fees to any emDlovee organization as a condition of employment 13Y any governmental entity, including, but not limited tom the state, any city or county, any city and county, - whether such city, county, or city and county is chartered or unchartered, any school or school district, or any special district which levies or collects any tax. -1- i Req. #20853 Stull Legislative Counsel's Digest Individual rights: employment. The California Constitution presently prohibits a person from being disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin. This measure would additionally prohibit a person from being required to join or to pay dues or fees to any employee organization as a condition of employment by any governmental entity, including, but not limited to, the state, any city or county, any city and county, any school or school district, or any special district which levies or collects any tax. Vote: 2/3. .Appropriation: no. Fiscal committee: no. State - mandated local program: no.. RESOLL PION NO. 2952 (1976 Series) A RESOLUTION INCREASING THE 1975 -76 BUDGET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That $1,000.00 be added to Account No. 40 -40 -2580 -905, Capital Outlay - Technical Studies. On motion of Councilman Graham, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 5th day of January, 1976. ATTEST: Div )C- 2 9`' L RESOLUTION NO. 2951 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO OPPOSING ASSEMBLY BILL 2380 ELIMINATING THE REQUIREMENT OF FILING A CLAIM FOR INVERSE CONDEMNATION ACTION. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby opposes Assembly Bill 2380 which proposes to eliminate the existing requirement that a claim be filed before the filing of an inverse condemnation lawsuit. The proposed bill removes the opportunity of Cities to review proposed claims and to analyze the legality of and justification for said claims. 2. The City Clerk is directed to send copies of this Resolution to Assemblyman Nimmo, Senator Grunsky, appropriate Senate and Assembly Committees,and the League of California Cities. On motion of Councilman Graham, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT:! None the foregoing Resolution was passed and adopted this 5th day of January, 1976. ATTEST: sq J. H. FITZPATRICK City Clerk s2 KENNETH E. SCHW'ARTZ Mayor I CeIify that the foregoing is a .full, true and correct copy of a Resolution passed by the �(NtY.Cin'l 19(ggCity of San Luis Obispo. California, ,0%V--F1TtFATRlCK COY Clerk R 2951 RESOLv�TION NO. 2950 (1976 Series) A RESOLUTION INCREASING THE 1975 -76 BUDGET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That Account No.40 -40 -2580 -901, General Plan, be increased by $15,000.00. On motion of Councilman Graham, seconded by Councilman Norris, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: .None ABSENT: None the foregoing Resolution was duly passed and adopted this 5th day of January, 1976. ATTEST: R - e - 2 9s'D ,Q4 i RESOLUTION NO. 2949 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION FOR RELOCATION OF A WATER LINE AT BROAD STREET AND ROCKVIEW PLACE, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby approves Utilities Agreement No. 304.0.17 with the Department of Transportation for relocation of a six inch water line at Broad Street and Rockview Place. A copy of said Agreement shall be maintained on file in the office of the City Clerk and of the City Engineer. The Mayor is authorized to.execute said Agreement on behalf of the City. On motion of Councilman Graham., seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of January, 1976. ATTEST: r r y Clerk R 2949 RESOLUTION NO. 2948 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANS- PORTATION FOR APPRAISAL AND ACQUISITION SERVICES FOR THE PONDING AREA BELOW WHALE ROCK DAM. WHEREAS, the Whale Rock Commission desires to acquire eight acres below Whale Rock Dam for a ponding area; and WHEREAS, the Whale Rock Commission has authorized the City to act on behalf of the Commission and to enter into an agreement with the California Department of Transportation to furnish the necessary appraisal, negotiation, acquisition and other services necessary to obtain said ponding area. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council approves the agreement from the California Department of Transportation entitled "Whale Rock Ponding Area," a copy of which shall remain on file in the office of the City Clerk, and the Mayor is authorized to execute same on behalf of the City. On motion of Councilman Graham, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was of January, 1976. ATTEST: ,,o "Y Clerk yor and adopted this 5th day R 2948 RES" UTION NO. 2947 (1975 Series) '^ A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING THE PARKING AND BUSINESS IMPROVEME NT AREA FUND AND APPROPRIATING THE 1975/76 BUDGET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That a new fund, No. 15, be established within the Chart of Accounts entitled the Parking and Business Improvement Area Fund. 2. That the current 1975/76 budget be adopted as follows: Account No. 05 -15- 3302 -010 05 -15- 3302 -011 05 -15- 3302 -012 05 -15- 3302 -013 05 -15- 3302 -014 05 -15- 3302 -017 05 -15- 3304 -041 05 -15- 3306 -060 05 -15- 3308 -090 05 -15- 3308 -095 05 -15- 3308 -110 05 -15- 3308 -119 05 -15- 3311 -141 05 -15- 3311 -142 05 -15- 3311 -144 05 -15- 3353 -000 05 -15- 3399 -000 Description Budget Amount Postage $ 300.00 Stationery 100.00 Printing 600.00 Reproduction 150.00 Office Supplies 150.00 Publication and Subscription 50.00 Telephone 25.00 Office Rent 420.00 Data Processing 200.00 Secretarial Service 20.00 Contract Administration 2,625.00 Other Contract expense 150.00 Professional Conference 250.00 Committee Meetings 150.00 Misc. Meeting expense 50.00 Misc. Pers. Property (Christmas Banners) 2,150.00 Contingency 160.00 $ 7,550.00 On motion of Councilman Gurnee, seconded by Councilman Petterson and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and ATTEST: d this 5th day of January, 1976. R 2947 RESOLUTION NO. 2946 (1976 Series) A RESOLUTION OF INTENTION TO REVERT REAL PROPERTY TO ACREAGE AND SETTING A PUBLIC HEARING THEREFOR. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Upon the recommendation of the Planning Commission, this Council hereby initiates on its own motion proceedings to revert to acreage certain real property in the vicinity of Lorraine Terrace, Florence Avenue and the Southern Pacific Railroad Right of Way, as shown upon Exhibit "A" map attached hereto, and designated as Parcels 1, 2 and 3 of Tract 579. 2. A public hearing on said reversion to acreage will be held at 7:00 P. M., on Monday, February 2, 1976, during a regular meeting of the City Council in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California. 3. The City Clerk shall send notice of said public hearing to the Southern Pacific Railroad Company, the record ownera of said property, and shall give all other notices of public hearing as required by Government Code §66451.3. On motion of Councilman Graham, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was of January, 1976. ATTEST: 1� %-0a and adopted this 5th day R 2946 I i •3AV vNO3••r 3AV MW320 -U �371QfY)1 1S - M3N.RnC Iz e a 23VWV31 3NIVWZOI 8 3 tt M� �"tF r •r.. � O y sZ EXHI BUT "A" Wp$ 0 , 3 y � Y � I r J 8 03�0< � � o n8 �o o z o SDJZ 2 Z�+ W L. �Oi000 � 11�J C a o<dY�� nZ_Q ' W ci -3 >_ Q YYYUra t p U1 Z �uK Wa p Os Neu Lo = 01 o u u1 0 Z d i O Idl pJ QZ 00 w W o.�GO >P od <n�'. _ V �j2y y NJ 'w O�V = J W S '~( odw" 110 orvAMOo •3AV vNO3••r 3AV MW320 -U �371QfY)1 1S - M3N.RnC Iz e a 23VWV31 3NIVWZOI 8 3 tt M� �"tF r •r.. � O y sZ EXHI BUT "A" Wp$ i RESOLUTION NO. 294.5 (1976 Series) r A RESOLUTION OF INTENTION TO ABANDON PORTIONS OF LORRAINE TERRACE, SAN CARLOS STREET AND FLORENCE AVENUE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. It is the intention of the City of San Luis Obispo to abandon portions of Lorraine Terrace, San Carlos Street and Florence Avenue as shown on the map marked Exhibit "A" attached hereto and thereby incorporated herein, pursuant to Division 9, Part 3, Chapter 2 of the Streets and Highways Code. 2. Copies of the map showing the particulars of the proposed abandonment are available in the Offices of the City Clerk and the Community Development Department. 3. Monday, February 2, 1976, at 7:00-P. M., in the Council Chambers of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for. hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of.this Resolution. 4. This Resolution, together with the ayes and noes, shall be published once in full, at least three days before the public hearing on the proposed abandonment, in the Telegram - Tribune, a newspaper published and circulated in this City. 5. The City Engineer shall post at least three notices of the proposed abandonment along the portion of the street proposed to be abandoned at least ten days before the date set for hearing in accordance with Section 8322 of the Streets and Highways Code. R 2945 r, Resolution No. 2945 -- 2 `-(11976 Series) On motion of Mayor Schwartz, seconded by Councilman Graham, and on the following roll call vote: AYES:. Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of January, 1976. ATTEST: 6 W i V) J �I W C) Q W ;N CARLOS DR. I SCALE: 200' W i O�A �J R�P�SGLN P A NDON�E NO V. '75 EXHIBIT "Aff RESOLUTION NO. 2.944 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF MINOR SUBDIVISION NO. 4.32, ON MC MILLAN AVENUE (Alberti, Emmons &•Morton). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The final map of Minor Subdivision No. 432 on McMillan Avenue (Alberti, Emmons & Morton) is hereby approved by the City of San Luis Obispo subject to the conditions outlined in the attached Exhibit "A" memorandum dated December 10, 1975. This Council hereby finds that said Minor Subdivision Map and its provisions are consistent with the General Plan of the City of San Luis Obispo. On motion of Councilman Petterson, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 15th day of December, 1975. ATTEST: R 2944 APPROVED ( ) DENIED ®f S to & DEPARTMENT OF COMMUNITY DEVELOPMENT 990 Palm Street • Post Office Box 321 •. San Luis Obispo, CA 93406 M E M O R A N D U M December 10, 1975 TO: Richard Miller FROM: Wayne Peterson.iz; SUBJECT: Minor Subdivision 432 on McMillan Avenue (Mo•'�a„� A 1 bd.-1 � 2� i)� Minor Subdivision 432 is now ready for approval of the final map. The applicant has deposited $1,870.00 in an account to guarantee the instal- lation of the required curb, gutter and sidewalk along the frontage of both parcels. I recommend that the City accept this development on the condition that the applicant provide the improvements within 18 months of this date and, if at that time, he has not completed them we apply the deposit toward the required improvements. The applicant has complied with all of the other requirements of the minor subdivision, the City Council must approve the final map and make the following findings: WAP:js 1. Accept the assignment of investment certificate from the owners in lieu of the construction of curb, gutter and sidewalk, with the condition that these must be made within 18 months. 2. Find that the minor subdivision is in conformance with the approved general plan. 3. Accept the dedication of the creek drainage easement to be maintained in its natural state. 4. Accept the access easement to the drainage easement 5. Accept the dedication of the 25 -foot half street. Fcc RESOLUTION NO.! 2943 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY 'OF SAN LUIS OBISPO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE REMOVAL OF CERTAIN DRIVEWAY RAMPS ON PORTIONS'DF VARIOUS STREETS IN THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council, having held a duly noticed public hearing, and having considered the objections or protests presented in . said hearing, hereby finds and determines that the public con- venience and necessity require the construction, reconstruction, or repair of sidewalks, including driveway ramps as set forth upon Exhibit "A" attached hereto. 2. The Superintendent of Streets is hereby authorized and directed to give notice and do all other things necessary for the accomplishment of said sidewalk and driveway ramp con - struction as authorized by Municipal Code Section 7350 and subsections thereof. On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 15th day of December, 1975. 0 ATTEST: R 2943 EXHIBIT "A" NOTE: C = Curb and Gutter S = Sidewalk R = Driveway Ramp OWNER 'LOCATION PARCEL NO. IMP. REQ. �1 EXHIBIT "A" NOTE: C = Curb and Gutter S = Sidewalk R = Driveway Ramp OWNER 'LOCATION PARCEL NO. IMP. REQ. S. H. Swenson Jr., etal. .600 Marsh St. 2- 422 -12 C, S* *Abandoned. Driveway Ramp to be Removed Resolution No. 2943 Adopted 12/15/75 RESOLUTION NO. 2942 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE SUBMISSION OF A PRE- APPLICATION FOR FEDERAL ASSISTANCE FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND AUTHORIZING THE MAYOR TO SIGN THE SAME. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby approves the preparation and the sub- mission to the U. S. Department of Housing and Urban Development a pre - application for federal assistance for a Community Develop- ment Block Grant in accordance with the program set forth in the memorandum dated November 25, 1975, from the Planning staff, a copy of which is on file in the.office of the Community Development Department. The Mayor is hereby authorized to sign said application on behalf of the City. On motion of Councilman Gurnee, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and adopted this 15th day iC 47YG RESOLUTION NO. 2941 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO PROHIBITING PARKING_ ON SANTA BARBARA STREET, ESTABLISHING TWO HOUR METERED PARKING ON MARSH STREET, CONVERTING A GREEN ZONE ON MARSH STREET TO 12 MINUTE METERED. PARKING, AND ELIMINATING A.PASSENGER LOADING ZONE ON MARSH STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Parking is hereby prohibited on the east side of Santa Barbara Street beginning at a point 181 feet north of the westerly prolongation of the northerly property line of Roundhouse Avenue, thence continuing for 15 feet northerly. 2. Two hour parking meters are hereby established on both sides of Marsh Street between Nipomo and Broad Streets to be effective from 9:00 A.M. through 6:00 P.M., with Sundays and holidays excepted. 3. An existing green zone on the southerly side of Marsh Street shall have a 12 minute meter and shall be relocated 20 feet westerly. Its location is described as follows: On the southerly side of Marsh Street beginning at a point 108 feet easterly of the northerly prolongation of the easterly property line of Nipomo.Street and thence continuing 20 feet east. 4. An existing passenger.loading zone on the southerly side of Marsh Street beginning at a point 47 feet westerly of the northerly prolongation of the westerly property line of Osos Street and thence continuing 25 feet west is hereby eliminated and the space shall revert back to two hour metered parking. ('�- 29�11 Resolution No. 2941 2 (1975 Series) On motion of Councilman Norris, seconded by Mayor Schwartz, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 15th day of December, 1975. ATTEST: RESOLUTION NO. 2940 (1975 Series) 4 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING THAT THERE WAS NOT A,MAJORITY PROTEST TO PROPOSED "SOUTH STREET ANNEXATION." \BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Pursuant to the provisions of Resolution No. 2905, this Council, after holding a public hearing this date and receiving protests to the proposed ' "South Street Annexation," hereby finds and declares that there was not a majority pro- test to said annexation (Government Code §35313.2). On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson, and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 15th day of December, 1975. ATTEST: R 2940 RESOLUTION NO. 2939 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AGREEMENT NO. 76 -3 WITH THE DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF MEDIAN ISLANDS ON A PORTION OF ROUTE 227 (BROAD STREET). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby approves District Agreement No. 76 -3 with the State of California Department of Transportation for construction of median islands along Route 227 (Broad Street) from Capitolio Way and Orcutt Road and construction of curb, gutter and sidewalks along Santa Barbara Avenue. A copy of said Agreement shall be maintained on file in the Offices of the City Clerk and the City Engineer. The Mayor is authorized to execute said Agreement on behalf of the City. On motion of Councilman Graham, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Petterson and Mayor Schwartz NOES: None ABSENT: Councilmen Gurnee and Norris the foregoing Resolution was passed and adopted this 2nd day of December, 1975. ATTEST: ,G:fCy Clerk R2939 W I T N E S S E T H WHEREAS, the STATE has awarded a contract for the improvement of a portion of State Highway Route 227, between 0.2 mile north of West Corral, Piedra Creek in Edna to High Street in San Luis Obispo; and WHEREAS, the CITY has requested that the aforesaid improvement of State Highway 227 include median curbs, conduit and topsoil between Capitolio Way and Orcutt Road, and curb, gutter,,and sidewalk between engineer stations 67 +15 "SB" and 67 +47 "SB" hereinafter referred to as "BETTERMENTS "; and WHEREAS, CITY desires and is willing to pay the entire actual cost of the aforesaid "BETTERMENTS" and further desire that said "BETTERMENTS" be constructed by the STATE's contractor for the improvement of the aforesaid portion of State Highway 227; and WHEREAS, STATE is willing to incorporate by contract change order the aforesaid "BETTERMENTS" in its construction contract for the improvement of a portion of State Highway 227; and WHEREAS, it is in the mutual and best public interest that the aforesaid BETTERMENTS be constructed as part of STATE's con.struc- tion contract for the improvement of a portion of State Highway 227 and WHEREAS, it is desired to define the responsibilities of both parties to this agreement. NOW, THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: SECTION I STATE AGREES 1. To issue a contract change order to STATE's construction contract for the aforesaid "BETTERMENTS." 2. Upon completion and acceptance of STATE's construction contract for the improvements of a portion of State Highway 227, to furnish CITY a statement of construction and construction engineering costs to be borne by CITY as set forth herein. 3. To furnish the necessary STATE personnel for the inspection of any and all work required for the. aforesaid "BETTERMENTS" at no cost to STATE. 4. To return to CITY any amount of the CITY's deposit which remains after the actual costs to be borne by CITY have been deducted. SECTION II CITY AGREES 1. To deposit with STATE, within 30 days of execution of this agreement byySTATE and upon receipt of billing therefor, a sum of $18,500, the estimated amount of the aforesaid "BETTERMENTS," including construction engineering costs (including all direct and indirect changes attributable to such work) pursuant to this agreement. A 2. To prepare all plans required fo.r the aforesaid BETTERMENTS, at no cost to STATE. 3. To pay STATE within 30 days of receipt of a detailed estimate therefor, any amount over and above the aforesaid deposit required to complete CITY's aforesaid BETTERMENTS pursuant to this agreement. 4. To indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to person's or damage. to property caused or resulting in any manner for the change in design and from STATE's performance under this Agreement, excepting for injuries to person or damage to property caused or resulting from the sole negligence or willful misconduct of STATE, its officers, agents and employees. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED THAT 1. CITY shall pay the actual costs of the BETTERMENTS now estimated to be $18,500.00. STATE will execute contract . change orders with STATE's contractor for the BETTERMENTS and payments will be made in accordance with the provision of STATE's Standard Specifications. 2. In the event the CITY desires any additional or extra work over and above that specifically provided for herein, or in the event of unforeseen circumstances resulting in additional work or ,a change in character of work to accomplish CITY's BETTERMENTS, any added costs occasioned thereby shall be CITY's sole obligation and CITY will deposit the necessary funds with STATE to cover the cost of such work. 3. Should any portion of the project be financed with State gas tax funds all applicable procedures and policy relating to the use of such funds should apply notwithstanding other provision of this agreement. 4. All work will be done in accordance with STATE'S Standard Specifications and special provisions in State's construction contract. 5. Construction costs will be determined by multiplying the final pay quantities required for CITY's aforesaid BETTERMENTS by contract unit prices in STATE's construction contract. Cost of items which vary in quantity by more or less than 25% of quantities shown in the engineer's estimate will be. determined in accordance' with the applicable sections of State of California Standard Specifications, dated January, 1975. Work not covered by a contract item will be paid for by force account as provided in Section 9 -1.03 of said Standard Specifications, and as modified by Section 6, Force Account Payment, of the Special Provisions for this contract. Cost to the CITY will be determined as stated above using fi ^1 pay quantities and Daily Extra Work Reports covering the force account work, plus any additional contingency items. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year after hereinabove written. STATE OF CALIFORNIA Department of Transportation Sid McCausland Director �off Transportation B y District Directoof Transportation Approved as to Form and Procedure Attorney of Transportaion C i�ty�6f San Luis Ob 0 Mayor Attest: i ZIr ty Clerk Approved as to Form and Procedure E . ,• _� 05 -SLO- 227-7.5/12.9 05503 - 086103 0.2 Mi. No. of West Corral Del Piedra Crk. in Edna to High St. in S.L.O. District Agreement No. 76 -3 THIS AGREEMENT, MADE AND ENTERED INTO THIS DAY OF % /�G��.✓ 191 BY AND BETWEEN AND CITY OF SAN LUIS OBISPO a body politic and a municipal corporation of the State of California, hereinafter referred. to as "CITY" STATE OF CALIFORNIA acting by and through its Business and Transportation Agency, Department of Transportation, hereinafter referred to as "STATE" 01 r- RESOLUTION NO. 2938 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING FEES FOR ZONING, PLANNING, SUBDIVISION, INITIAL ENVIRONMENTAL STUDIES, AND ARCHITECTURAL REVIEW COMMISSION BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Pursuant to provisions of the Municipal Code as referenced below, this Council hereby establishes fees for zoning, planning and subdivision applications as follows: A. Section 9100.8 ('6) (b) : Subdivision Tentative Maps: $100.00 plus $3.00 per lot B. Section 9100.9(5) (b) (1) : Subdivision Final Maps: $100.00 plus $3.00 per lot and plan check fees. C. Section 9100.10(1): Minor Subdivisions: 1 -2 lots: $ 75.00 3 -4 lots: 150.00 D. Section 9200.16 H(3): Appeals: $ 10.00 E. Section 9200.17 C: Use Permits: $100.00 Variances: 100.00 F. Section 9200.18.3A(1): Planned Development - Preliminary: $250.00 G. Section 9200.18.3B(1): Planned Development - Precise: $100.00 H. Section 9200.19A: Amendments to Zoning Ordinance: $250.00 (Application by Property Owner) Resolution No. 2 -93Z� 2 .1975 Series) 2. The fee for initial Environmental Impact Report studies by the City shall be $50.00. 3. The fee for Site Plan Review by the Architectural Review Commission (Municipal Code Section 9500.02(D)(c)) shall be $50.00; provided, however, that no fee shall be charged for review of individually built single family dwellings which come within the jurisdiction of the Architectural Review Com- mission solely through the provisions of Municipal Code Section 9500.02 (E). 4. The fees established by this Resolution shall become effective January 1, 1976, the effective date of the provisions of Ordinance No. 644. On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris and Petterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 15th day of September, 1975. ATTEST: II r .I r RESOLUTION NO. 2937 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING MINIMUM DRIVEWAY WIDTH EXCEPTIONS FOR MULTIPLE FAMILY USES BETWEEN SOUTH STREET AND BRANCH STREET FROM BEEBEE STREET TO BROAD STREET. WHEREAS, Resolution No. 2596 established a City policy of limiting vehicle access onto South Street as multiple- family residential development occurs on the real property between South Street and Branch Street in the two block area from Beebee Street to Broad Street; and WHEREAS, said policy makes it difficult to provide standard minimum width driveway access from Branch Street to undeveloped rear portions of some real property parcels in said area because of the proximity of (1) existing residential construction or (2) mature trees to lot lines; and WHEREAS, this Council, upon the recommendation of the Planning Commission and staff, desires to adopt a policy which permits construction of driveways less than the standard minimum width to alleviate said difficulties, provided that said drive- ways serve developments which need no more than a.total of eight required parking spaces. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Within the two block area bounded by South Street and Branch Street from Beebee Street to Broad Street, the City's .:standard minimum driveway width of 16.feet for multiple - family residential development may be reduced to no less than 12 feet, provided: R 2937 � r . Resolution No. 293., 2 1975 Series) 1. The width reduction shall only be that necessary to avoid existing residences or mature trees; 2. The substandard portion of the driveway shall serve multiple- family land uses requiring no more than a total of 8 off- street parking spaces; and 3. The use of common access driveways with an ad- joining parcel is impractical. Unreasonable difficulty or cost in obtaining agreement from owners and lien - holders of the adjoining parcel shall be included within the definition of "impractical." On motion of Mayor Schwartz, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Petterson and Mayor Schwartz NOES: None ABSENT: Councilmen Gurnee and Norris the foregoing Resolution was passed and adopted this 2nd day of December, 1975. ATTEST: r; .� _ r RESOLUTION NO. 2936 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADDING TWO TENANT COMMISSIONERS TO THE HOUSING AUTHORITY. WHEREAS, State law requires that two Housing Authority tenants be designated as Commissioners of the Housing Authority (S.B. 1127, Chapter 611, 1975 Legislature); NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The number of Commissioners on the City Housing Authority is hereby increased from five to seven, with terms of office as follows: A. Five Commissioners: four -year terms B. Two Commissioners: two -year terms 2. The four -year terms shall be held by Commissioners appointed pursuant to the authority of Resolution.No. 1831 establishing the Housing Authority, and this Resolution shall not affect the appointment or term of office of any Commissioner or successor thereof holding office pursuant to Resolution No. 1831. 3. The two -year terms shall be held by tenants of the Housing Authority, one of whom shall be over 62 years of age, if possible. Appointments to the two -year terms shall be made in accordance with the provisions of California Health and Safety Code Sections 34270 et seq. 4. It shall be the duty and responsibility of the Housing Authority to continuously verify that the tenant Commissioners serving on the Authority fulfill the requirements of State law for tenant Commissioners. R 2936 Resolution No. 2936 2 (1975 Series) 5. This Resolution shall become effective January 1, 1976. On motion of Councilman Gurnee, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson, and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of December, 1975. ATTEST: I co Gfy that the tc:evoicg is a tu;;, fru.. and corn ^t aay of a Resolution passed by the D Caulci! of t;ie.City of San Luis Obispo, California, on�_y 1 1975 H. fIT PATRICK City Clerk RESOLUTION NO. 2935 (1975 Series) A•RESOLUTION OF THE COUNCIL OF THE CITY OF -SAN LUIS OBISPO ESTABLISHING BUS LOADING ZONES ON PISMO STREET, MADONNA ROAD, CHURCH STREET, MONTEREY STREET, HIGUERA STREET, CHORRO STREET AND LEFF STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Bus loading zones are hereby established at the following locations.: a. On the northerly side of Pismo Street commencing 40 feet easterly of the easterly property line of Osos Street and extending 60 feet easterly. b. On the northerly side of Madonna Road commencing 110 feet westerly of the westerly property line of the Madonna Inn entrance road and extending 38 feet westerly. c. On the northerly side of Madonna Road com- mencing 40 feet easterly of the easterly property line of Oceanaire Drive and extending 40 feet easterly. d. On the northerly side of Church Street com- mencing 24 feet easterly of the easterly property line of Santa Barbara Street and extending 40 feet easterly. e. On the northerly side of Monterey Street com- mencing 175 feet easterly of the easterly property line of Osos Street -and extending 31 feet easterly. - 1 I , - Resolution No. 29� 2 '�,,�1975 Series) f. On the west side of Higuera Street commencing 25 feet north of the north property line of Prado Road and extending 40 feet north. g. On the easterly side of Chorro Street commencing 35 feet northerly of the northerly property line of Monterey Street and extending 40 feet northerly. h. On the northerly side of Monterey Street com- mencing 32 feet easterly of the prolongation of the easterly property line of Broad Street and extending 45 feet easterly. i. On the easterly side of Leff Street commencing 20 feet northerly of the northerly property line of High Street and extending 44 feet.northerly. On motion of Councilman Gurnee, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of December, 1975. ATTEST: RESOLUTION NO. 2934 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF (Freitas Culvert at 633 Woodbridge Street). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council, having held a duly noticed public hearing in accordance with the provisions of Resolution No. 2904, and having received sworn, competent testimony by City staff, hereby finds and determines that the dilapidated culvert upon the hereinafter described real property constitutes a public nuisance which should be abated. 2. Said public nuisance is hereby ordered to be abated by the property owner on or before December 31, 1975, by either of the following methods: a) Complete removal of the present culvert and adequate grading of the creek banks; or b) Removal of the present culvert and replacement thereof with a 48 inch corrugated metal culvert. Either method of ,abatement shall be accomplished in accordance with plans approved by the City Engineer. 3. If.said public nuisance is not abated by said December 31, 1975, the City Administrative Officer is hereby authorized to proceed expeditiously with the abatement by the use of City or contract forces as deemed appropriate by the City Administrative Officer. R 2934 r Resolution No. 2934 2 (1975 Series) 4. Said real property is generally described as located as 633 Woodbridge Street and more particularly described as: Lots 11 and 12 of Block 20 of the.Norton's Addition as recorded October 24, 1901, on page 79 of Book A of Maps; Assessor's Parcel No. 04- 911 -03 ,On motion of Councilman Norris, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st A=y of December, 1975. ATTEST: �� Clerk RESOLL-�ION NO. 2.933 (1975 Series) - A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE REMOVAL OF CERTAIN DRIVEWAY RAMPS ON PORTIONS OF VARIOUS STREETS IN THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council, having held a duly noticed public hearing, and having considered the objections or protests presented in said hearing, hereby finds and determines that the public con- venience and necessity require the construction,,reconstruction, or repair of sidewalks, .including driveway ramps as set forth upon Exhibit "A" attached hereto.. 2. The Superintendent of Streets is hereby authorized and directed to give notice and do all other things necessary for the accomplishment of said sidewalk and driveway ramp con- struction as authorized by Municipal Code Section 7350 and subsections thereof. On motion of Mayor Schwartz, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of December, 1975. ATTEST: F 7- R 2933 L16111.311 ..N" t" YOTF: = Curb & GYZtter `-S = Sifcwclk P. = Drivcway Ramp OWNER LOC6T101-i PARCEL 1,?0. Ip, IT, P. ^n H. A. 6 E. R. levely 884 Broad St. 2- 413 -19 C, S* (Palm Street Side) R.M. Hansen, etal 659 Palm St. 2- 412 -06 C, S.. H. I. Dockweiler Trust 591 HiRuera St., also 3- 511 -14 C, S ** Nipomo Street side L. G. & N. J. Watts 590 P?arsh 3- 511 -25 C, S* (Nipomo St. side) W. T. & F. F. Hesselbarth 692 harsh St. 2- 422 -18 C, S, Central Savings & Loan Assn 1205 Chorro 3- 525 -12 C, S.. . J.. / .1/ W'1.,K, y•. ,•� /�.` ^?�� .% (marsh St. side) D. C. Chase, etal 1135 Morro St. 2- 427 -09 C, s *',* J. C. Kundert 1106 Pacific St., also 2- 445 -11 C%` Santa Rosa St, side H. F. MacDonald 1088 HiRuera 2- 434 -11 C, V** R. 0. Laird 1009 Monterey St. 2- 434 -02 C.. ( HiRuera St. side) Firestone Tire 6 Rubber Co. 1001 HiRuera St., also 2- 435 -09 C, S (2) Osos St. side A. Muzio, etal 1245 Monterey St. 2- 331 -16 C, S' W. K. Wright 1255 Monterey St. 2- 331 -04 R J. F. Ready, etal 1305 -1319 Marsh St 2- 342 -17 C,S,R' E. W. & S. V. Barredo 1656 Monterey St. 1- 142 -05 C, S E. L. & E. M. O'Reilly 1701 Monterey 1- 151 -01 C, S^.. Abandon Driveway Ramp to be Removed Excessive Driveway Ramp to be Furrowed e � `:9 i+ f '� ,+ Y �". ^WA� +I i! 1 `R, . e , �• r•TY (,. �� /. � r ,�.'x,; i�. .J : .1i � �t �Q 'i '�'':4/ • 4+.d" N .: • ':...'S4 .� 4 ' •+! J A� 0'•. +. �: a� . /_,} + "�: �. � .. J�Ct ,Vy -'iP �( L"'`!. iyy 2/.h• . M % N( T!� )'.4 'I�' lM �, �'I P+' pl� V �i e� �/��Q(� Yy��� 6'1'•+. 4I �Rti. 'T'.y;•• 1 'Y y` �. V) �i_1�� L�� /JAO Y'�•• 1.1 i- .w .1Y•.: ^Y .tir•i .4 ro" �t Nf J41 {��{ I' + /lo ".+O... S � 1 !ry 1.1 r �~ T.�i'( 4 I "'-r I M M JiTh RP �,�i. fC .M� � \J: J JOe:. . J.. / .1/ W'1.,K, y•. ,•� /�.` ^?�� .% RESOD . ION NO. 2932 (1975 Seri) A RESOLUTION INCREASING THE 1975 -76 BUDGET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That Account No. 05 -01= 3209 -123, Liability Insurance, be increased by $21, 596.00 and Account No. 05-01 -3999 -000 be decreased by $21, 596.00. On motion of Councilman Gurnee,. seconded by Councilman Pe_tterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 17th day of November, 1975. ATTEST: .F � 93 z RESOLUTION NO. 2931 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE ABANDONMENT OF A CITY EASEMENT ACROSS THE STATE DEPART- MENT OF TRANSPORTATION MAINTENANCE YARD IN EXCHANGE FOR A NEW EASEMENT. BE IT RESOLVED_by. the Council of the City of San Luis Obispo as follows: This Council hereby approved and authorizes the Mayor to execute on behalf of the City a quitclaim deed, No. 3833 -1, to the State. of California abandoning a waterline easement and right of way across the property of the State Department of Transportation Maintenance Yard in the City of San Luis Obispo. In return for said quitclaim deed the City will accept the grant of a new easement from the State along the alignment of the new 20 inch cross -town feeder line previously installed by -the City. On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson. and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of November, 1975. ATTEST: i R 2931 RESOLUTION NO. 2930 A RESOLUTION DESIGNATING CITY ENGINEER TO ACT AS SUPERINTENDENT OF STREETS JOHNSON AVENUE IMPROVEMENT RESOLVED, by the City Council of the.City of San Luis -Obispo, California, that the City Engineer of said City be, and he is hereby, appointed to act as the Superintendent of Streets for purposes of the proceedings had pursuant to Resolution No. 2918 of Preliminary Determination and of Intention, adopted by this Council on November 3, 1975, and the Superintendent of Streets.is hereby relieved of all responsibility in connection therewith I.hereby certify that the.foregoing resolution was duly and regularly passed and adopted by the City Council of the City of .San Luis Obispo, California, at a meeting thereof held on the 17th day of November 19753 by the following vote of the members thereof: on motion of Councilman Gurnee, seconded by Councilman Petterson: AYES, and in favor thereof, Councilmen: Graham, Gurnee., Norris, Petterson and Mayor Schwartz NOES, Councilmen: None ABSENT, Councilmen: None ,o00'' t7y Clerk of the City of San Luis Obispo R 2930 R.ESOL;- ,.'ION NO. 2929. (1975 A RESOLUTION INCREASING THE 1975 -76 BUDGET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That Account No. 40 -40- 2862 -701, City Hall Remodelling, be increased by $26,000.00. On motion of Councilman Graham, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham,: Gurnee, Norris Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed.and adopted this 17th day of November, 1975. ATTEST: // R 2929 J RESOLUTION NO. 2928 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AND ADOPTING THE COMMENTS OF JENKS & ADAMSON AS THE CITY'S RESPONSE TO THE STATE REGIONAL WATER QUALITY CONTROL BOARD. BE IT RESOLVED.by the Council of the City of San Luis Obispo as follows: 1. This Council, after reviewing at a public meeting the comments of John H. Jenks of.Jenks & Adamson, dated November 11, 1975, concerning the proposed revised NPDES Permit for the City of San Luis Obispo, hereby approves and adopts said comments as the City's response to the letter of October 28, 1975, from the State of California Regional Water Quality Control Board concerning said permit. A copy of said November 11, 1975, letter is attached hereto marked Exhibit "A" and thereby. incorporated herein. On motion of Councilman Petterson, seconded by Councilman Graham, and on the following roll.call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of November, 1975. ATTEST: i R 2928 JOHN H..JENKS, P.E. J c N 3S ELAINE L. HARRISON. P.E. S & A E A NI S O N BRUCE M. WYCKOFF, P.E, CONSULTING S.;NITARY & CIVIL ENGINEERS DEUEL A SATSFORD, P.E. RICHARD E. DOW D. P. E. 543 EYRON STREET PALO ALTO. CALIFORNIA 94301 (415) 326 -2570 RAYMOND C. ERICKSON FRANK R. REYNOLDS (� Mir: L. ADAMSON. P.E. U �Mir:o -ERIC M.ZUMWALT November 11, 1975 h(�� „��15 CONSULT,NTS r\t � 7a•. ",r. Kenneth R. Jones, Executive Officer California Regional Water Quality Control Board e,� �F;. 0�`0 3 �w Central Coast Region C31'� 1122 Laurel Lane L� San Luis Obispo, CA 93401 1�9Z5Ztili2�2` Subject: Proposed Revised NPDES Permit for the City of San Luis Obispo Dear Mr. Jones: We are writing on-behalf of the City of San Luis Obispo in response to your letter of October 28, 1975 requesting written comments regarding the proposed revised permit. As consultants to the City of San Luis Obispo, we are presently developing a wastewater facilities plan in order that the City will be able to meet all of the requirements in the permit. Our comments will be directed first towards the most fundamental issues raised by the proposed. permit. DISCHARGE PROHIBITION The,present permit, Order No. 75 -13, NODES No. CA0049224, includes a dis- charge prohibition stating "Effective April 1, 1979, any discharge of wastewater into San. Luis Obispo Creek or its tributaries is prohibited during the months.of April through November. It is commendable that this categorical prohibition has been deleted from the proposed revised permit. However, from a practical standpoint, it appears_ that the pronosed revised permit "Receiving.Water Limitations" on page 5 in reality constitutes a discharge prohibition. While technically it may be possible to provide sufficient treatment, including demineralization, to meet the proposed new requirements; it is clear that the cost of providing such treatment during the dry season will be so great as to mandate other than Creek disposal. On this,.we have a serious concern that the benefits to the public resulting from continued discharge of adequately treated wastewater to San Luis Obispo Creek far outweigh the possible adverse effects of such discharge. San Luis Obispo Creek is a seasonal stream that flows year round only during years of considerable winter and spring rain. A complete drying up of San Luis Obispo Creek is prevented during many drier years by the more than 4.0 mid discharged from the San Luis Obispo iastewater. treatment facility. Taus is si,cnificant because the present discharge is,.at present, cnvironmentally , economically beneficial. The treated wastewater is in some instances the sole source of irrigation rater for downstream farmers. San Luis Obispo Creek is able to support EXH I BM G ����1 2 — a q'< yry Mr. Kenneth R. Jones, Executive Officer i' aquatic flora and fauna, agricultural use, and the dry months because of the treatment plant the beneficial uses of the Creek acknowledged proposed revised permit. RECEIVING WATER LIMITATION November 11, 1975 groundwater recharge during discharge. These are among in the Basin Plan and the During the dry season, the majority, and sometimes all of the Creek flow,. is treatment plant effluent. Therefore, "receiving water limitations" are essentially "effluent limitations" during the period from June through October. The specific proposed receiving water limitations that cause the greatest difficulty are those for maximum permissible concentrations as follows: Total Nitrogen (as N) - 0.5 mg /1, Total Phosphorous (as P) - 0.05 mg /1, Ammonia (as N) - 0.025 mg /1. Also of significance are maximum permis- sible concentrations for Boron, Copper and Zinc. It would be technically very difficult and costly for the 'City of San Luis Obispo wastewater facility to produce an effluent meeting these requirements. Furthermore, and of fundamental importance, these proposed effluent limitations are generally . greater than the background levels present in the Creek upstream of the discharge when there is a natural flow. It should be pointed out that the receiving water limitation states that "...the discharge shall not cause surface waters to contain elements in excess..." of the aforementioned concentrations. Nevertheless, when there is no flow other than the effluent, then those concentrations apply. Nitrogen and Phosphorous The first question which must be raised is: What beneficial uses of San Luis Obispo Creek must be. protected by such stringent recuirements? The nutrient' limitations, those for nitrogen and phosphorous, are supposed to prevent nuisance aquatic growths, generally algae. Table 4 -3 of the Basin Plan indicates that the REC -1 and REC -2 uses justify the proposed receiving water limitation for nutrients. However, any recreation that occurs or is likely to occur in San Luis Obispo Creek is to be found at the mouth of the Creek. at Avila Beach. Based on our summer observations, there are no algal prob- lems there, where the ocean waters ebb and flow diluting the small volume of Creek water. `We suggest that the upstream uses of San Luis Obispo Creek do not justify the REC -1 or REC -2 classification. On the other hard, the nit-rogen.and phosphorous are very beneficial to the more than one dozen irrigators below the treatment plant. Several hundred acres of pasture, vegetable crops and a golf course receive the benefit of the nutrient nitrogen and phosphorous.. During the heavy runoff.period in the winter, when steelhead trout move up the Creek to spawn, the San Luis Obispo effluent is a small proportion of the stream flow. Besides, at those times the current is too swift to permit the formation of nuisance aquatic growths. - 3 - Mr. Kenneth R. Jones, Executive Officer 01 November 11, 1975 The concentration of nitrogen in San Luis Obispo Creek, even"during the sun.er, is only slightly increased by the treatment plant effluent. This is shown in Exhibit A. Note also that the plant is very effective at reducing influent nitrogen by more than 500 - there are few existing plants in California that achieve this result. Exhibit A also shows that most of the effluent nitrogen is in the fully oxidized form so that the effluent exerts very little nitrogenous oxygen demand on the receiving water. There is little doubt that the great cost for meeting the proposed nutrient requirements would force San Luis Obispo to dispose of all effluent on the land during low flows in the Creek. Hence,. there would be no flow in the Creek and no aquatic life to protect. The other beneficial uses of "irri -a- tion and .round.ater recharge would likewise suffer. l9e suggest that the proposed requirement for total nitrogen and.phosphorous should not be made more restrictive than the present plant "effluent levels which are not known to cause any significant adverse effects. Armcnia l9ith respect to the proposed limitation of.0.025 mg /l of ammonia (as N), it is important to note that the Basin Plan specifies "un- ionized ammonia". The reaction for ionization of ammonia, NH3 + H2O = NHS + OH favors the ionized form except at high pH. At a neutral pH (7.0) an ammonia concentration of 4.15 mg /l (as N) would, result in an "un- ionized ammonia" level of 0.025 (as N).. At p`I = 7.5, an ammonia concentration of 1.33 mg /1 would be required to produce an un- ionized level of 0.025 mg /1. We suggest that a more appropriate level for ammonia limitation would be 4 mg /1. Alternatively, the limitation could be specified in terms of "un- ionized anLnonia ". In that case, we suggest a higher level than 0.025 mg /1. Boron The limitation for boron of 0.75 mg /l appears to be inappropriate for the beneficial water uses involved. Boron is important because excessive amounts can adversely affect irrigated crops. The 1974 . "Guidelines for Interpretation of Water Quality for Agriculture" by the University of California Agricultural Extension indicate that 0.75 mg /1 of boron i -;ould constitute a problem only for certain crops, primarily nuts and fruits, none of which'are irrigated with San Luis Obispo Creek water. A level of 1.5 mg /l to 3.0 mg /l would be more appropriate for the irrigated pasture and vegetables alongside the Creek.. Furthermore, the drinking water in San Luis Obispo contains 0.85 mg /1 of boron, and there is no process other than demineralization for boron removal. Accordingly, t,--e suggest a discharge limitation or receiving water limitation of 1.5 mg /1 for boron." Copper Copier is one of the heavy metals for which the proposed revised permit has a greatly reduced allowable concentration. The existing permit has a discharge - 4 - th R. Jones, Executive Officer no November 11, 1975 limitation of 1.0 mg /l (0.5 mg for the quarterly average). The-proposed revised permit has a receiving water limitation instead, but a value of 0.03 mg /l. The 1.0 mg /l level is consistent with U. S. Public Health Service standards for drinking water. The 0.03 mg /l level is consistent with the criteria for aquatic habitat in the Basin Plan. However, the source of data .for the Basin Plan, Rater Quality Criteria 1972, reports much conflicting data on the toxicity of dissolved copnar to a :ride range of aquatic organisms.. This authoritative publication states, "Copper concentrations varying from 0.1 to 1.0 mg /1 have been found by various investigators to be not toxic for most fish. On the other hand, concentrations of 0.015 to 3.0 mg /l have been reported as toxic, particularly in soft water, to many kinds of fish, crustacea, mollusks, insects, phytoplankton, and zooplankton ". Copper. is formed in domestic wastewater primarily because of the use of copper piping and the use of copper sulfate for algae control in reservoirs Ironically, cattle grazing on land irrigated with effluent drawn from the Creek receive insufficient copper to prevent a.deficiency disease, molyb- denosis. Therefore, the cattle must be given a copper supplement. Since the effluent contains sufficient hardness, we suggest that a proposed receiving water or discharge limitation of 0.05 mg /l be set. Zinc Zinc is another heavy metal for which the proposed revised permit level has been reduced greatly from the present permit level. The proposed revised permit would reduce . the level from the present 5.0 mQ /l (2.0 mg /l quarterly average) to 0.2 mg /1. Although the effluent of the City of San Luis Obispo usually remains below this lower concentration, a slightly less restrictive level, such as 0.3 mg /l, would not be inconsistent with the data for.zinc toxicity contained in Rater Quality Criteria 1972. In particular, in hard water, levels of up to ten times the proposed 0.2 m; /l have not caused harm to various fish species. Accordingly, we suggest the use of 0.3 mg /l as either a receiving water or discharge limit. Dissolved Oxygen The existing requirement for dissolved oxygen is that the discharge shall.not depress the level in the Creek below 5.0 mg /1. This is consistent with the needs of the least tolerant fish, such as trout. The proposed revised permit would change this to 7.0 mg /l of dissolved oxygen. Remembering that during the summer the discharge constitutes the majority, if not all., of the flow in the Creek, this requirement in effect requires 7.0 mg /l of dissolved oxygen in the discharge. It is feasible to bring the dissolved oxygen of the effluent up to 7.0 mg /l because of the very low oxygen demand of the effluent. Nevertheless, this would reouire energy. On the other I;and, the effluent, which typically con - tains 4.0 mg /l of dissolved oxygen, is reaerated as it flowhs in the Creek. - 5 r. Kenneth R. Jones, Executive Officer- .November 11, 1975 1,ithin approximately 2 miles of the discharge the Creek increases naturally to 7.0 mg /1: li flow in the Creek, the effect of the 4.0 mg /1 the oxygen level in the Creek only slightly.. oxygenation of the effluent would be required point, the dissolved oxygen in ien there -is a considerable in the effluent is to depress Hence, the only tine that is during the summer. The fish which abound in the Creek in the summer are apparently quite con- tent with the 4.0 ng/1 of dissolved oxygen in the Creek. Of course, these fish are able to live in the Creek during the summer only because San Luis Obispo discharges its effluent to the otherwise dry creek. On the basis of the above discussion, we suggest that the existing permit requirement of 5.0 mg /1 of dissolved oxygen in the Creek not be revised. EFFLUENT LIMITATIONS In both the existing and proposed revised permits the effluent limitations for the most basic constituents, BOD and suspended solids, are half of that allowed for most effluents across the United States. However, the excellent quality of the San Luis Obispo effluent easily meets the BOD and suspended solids limitations of 15 mg /l for each. In fact, the effluent concentra- tions are consistently less than half of these limitations. The effluent . limitations which present a problem are .those for minerals, specifically total filterable residue (tfr, also referred to as total dissolved solids), sodium, and chloride. Total Filterable Residue The effluent limitations are given as a quarterly average not to exceed the water supply + 300 mg /1 and the daily maximum not to exceed 750 mg /1. The water. supply usually contains 300 mg /l, so that the quarterly average limit- ation is for 600 mg /l. Since the effluent tfr typically ranges from 600 to. 800 mg /1, the existing effluent cannot meet the proposed limitation. The relatively high increase in tfr is mainly. attributable to the use of home water softeners and to the three water softener central regeneration plants in San Luis Obispo. The cost of partial demineralization to reduce effluent tfr would be so great that the only reasonable way to meet the effluent limitation would be to ban home water softeners and to prohibit the discharge of brine from the central regeneration plants. Then only }tome units served by central regeneration plants discharging to ocean outfalls would be per- mitted. According to the largest water softener company in San Luis Obispo, this would result in a minimum 200 increase in rates to home users. This would also affect users outside of San Luis Obispo, because the plants serve customers in other com�runities. The question which this raises is "Are the benefits to be derived worth tike increased costs ?." The benefits are virtually impossible to gauge. Total filterable solids in the Creek have not adversely affected the agricultural, 6 - Mr. Kenneth R. Jones, Executive Officer t� November 11, 1975 recreational, or habitat beneficial uses of San .Luis Obispo Creek. As far as recharge of the groundwater, which is used for drinking water through individual wells and through the Avila Beach community well system, is con- cerned, it is difficult to know exactly 11o:a much of the tfr in groundwater is attributable to the discharge.. The percentage of the recharge attribut- able to the San Luis Obispo discharge is difficult to estimate. Regardless, the quality represented by 800 mg /1 tfr is superior to drinking water quality for a majority of Southern Californians. So this particular effluent limitation would have the costs to the water softening consumer with the probably no tangible public benefits. we suggest tions be relaxed to water supply + 45 mg /l and to Sodium and Chloride the consequence of raising result of elusive and that the effluent limita- 800 mg /1. The proposed effluent limitations_ for sodium.and. chloride are respectively 100 mg /1 and 150 mg /1, with quarterly averages of water supply + 50 for each. The sodium level.in the water supply is 30 mg /l, resulting in a quarterly average effluent requirement of 80 mg /'I. The data ob tained to date indicates that the banning of all water softener brines would not re- sult in meeting the quarterly average limitation of 80 mg /1 for sodium. According to lastewater F.ngineerin� by Metcalf Eddy, 70, rag /l is not atypical for an increment of sodium in wastewater. Sodium at the present level presents no special problems for any of the beneficial uses of San Luis Obispo Creek water.. None of the crops irrigated with Creek water are harmed by the levels of sodium in the discharge. There is no method for removing sodium, except for demineralization, a very expen- sive process. Therefore, although a sewer discharge prohibition of soften- 0 er brines would reduce sodium to the 90 to lla mg /1 range, the proposed limitations for sodium would still not be met. Pie suggest effluent li:nita- tions of 150 mg /l and water supply + 110 mg /l for sodium. The problem presented by the proposed discharge.limitation for chloride is similar to that for sodium. Chlorides at the concentrations in the dis- charge have absolutely no known adverse effects on any beneficial use of San. Luis Obispo Creek. however, it would be possible to meet the prorosed chloride limitation by prohibiting sewer discharge of water softener trines. We suggest a quarterly average effluent limitation of water supply + 120 mg /1 for chloride. Chloride Residual Effluent limitation No'. 8 contains an apparent typographical error. "Chloride residual" should be changed to "chlorine residual ": FINDINGS We have submitted revised language for Findings Nos. 6, 7, and S, and for �; - 7 - 1 ones, Executive Officer November.11, 1975 Discharge Prohibition No. 11 to the Per, ional {Pater Quality Control Board Staff which more accurately describes the actual nature of the various dis- charges. Thi's was not received by the staff in time for the draft now under consideration. We recommend that these revisions be incorporated in the permit. Additionally, the staff had agreed that the term "anticipated bene- ficial uses" in Finding No. 10 would be changed to "potential beneficial uses ". 2•,0\ITORI \'G AND REPORTING The costs for laboratory analysis are already considerable for the wastewater treatment plant. The additional laboratory costs required by the proposed revised permit will result in an additional annual expense of $4,000 to.the City of San Luis Obispo. Consistent with.Article 4, Section. 13267 (b) of the Water Code, it is important not to require too many analyses if they are of questionable value. Chemical Oxygen Demand We believe that for a municipal wastewater treatment plant with very little industrial waste content, the measurement of influent and effluent_ COD on a weekly basis is unnecessary. We suggest that a quarterly check to insure that thew astewater continues to be typically domestic should be more than sufficient. The existing permit has no COD testing requirement. Suspended Solids The requirement for suspended solids analysis of the.effluen.t is presently three times per week. The proposed five times per week seems unnecessary for this discharge, especially in view of the fact that the suspended solids of the effluent arc so very low (monthly.averages never exceed 10 mg /1). Although.the test is not extremely time consuming, the fact that a 211 -hour composite sample rust be analyzed greatly increases the overall effort required. Vie suggest that the present three times a week suspended solids analysis is adequate. Polychlorinated Biphenyls and Chlorinated Hydrocarbons Recent analysis of San Luis Obispo effluent indicated no detectable poly- chlorinated biphenyls or chlorinated hydrocarbons.. There are no industries in San Luis Obispo which are, likely to have effluents containing these sub- 0 stances. The test for PCB is expensive and very few laboratories are equipped to perform the analysis. Pon these reasons, we suggest that the test should be required annually, if at all. Heavy �,letals and .Other Chemicals Present monitoring requirements for five heavy metals have been expanded to include: seventeen heavy and light metals, plus fluoride (a Beneficial ha1oIon). Each of these analyses is co be performed semi - annually. '.'e _ g _ Mr.-Kenneth R. Jones, Executive Officer November 11, 1975 believe that the generally non - industrial nature of San Luis Obispo effluent does not warrant the great expense involved in performing many of these tests, even on an annual basis. Arsenic, barium,beryllium, cadmium, fluoride, iron, lithium, manganese, molybdenum, nickel, selenium and vanadium are strong toxicants which, if found in appreciable concentrations, would result in high mortalities in the required bioassay. Hence, although we do not object to the inclusion of these elements in the discharge permit, we suggest that they be deleted from the monitoring requirements. This would save the City of San Luis Obispo $2,500 per year, with no adverse impacts on the quality of the effluent or on the ability of your staff to monitor the effluent. In the event that an adverse toxicity concentration is detected by a bioassay, then an analysis of the extensive list of metals.could be performed. Sut CD ARY To:meet the.basic requirements of the proposed Permit, the City of San Luis Obispo would have to dispose of its wastewater treat,m:ent plant effluent on the ground. The proposed Permit thus has the practical effect of a prohibi- tion of discharge to San Luis Obispo Creek. It is apparent this prohibition of discharge would have considerable adverse ecological and economical impacts, including depriving of irrigation water to numerous farmers down- stream from the treatment plant. It is our opinion that the Regional Board Staff has relied on possibly an overly and unnecessarily strict application of the adopted Central Coast Basin Plan for the writing of the proposed Permit. On behalf of the City of. San Luis Obispo we respectfully request that the Sta*Ef and the Regional Board review the various permit requirements in light of the information contained herein. Thank you for the timely notice of the_hearing,an.d for the opportunity to comment on the proposed Permit. We also wish to take this means of thanking. your Staff for their cooperation during several discussion on this matter. Sincerely ,yours, JENKS $ ADA`1SON Ve john 11. Jec.:.s, P.E. President Howard L. Hoffman, P.E. encl. Project Engineer JHJ /HL!( /hrm cc: i,!r. David Romero' Dr. C. Michael Hogan i i I L W L� ul a Y. w u � ltJ U 2 c� O n O U) Q U L/ nG U1 Z ^. r< nLL 0 V/ M Z_ W < V NON Ir Z 0 n i �1 Q / w Y ¢: u F- W N O a x W L . 2 ~ W N Z J � a � J LL 4 y I W H .1 F l W o W t _ �' � U W W ~ � N N IL y_ W ti F ` W LL N W O 0 v 0 ro N s0 1 1/5 w 0 N w W RESOLUTION NO. 2927.(1975 Series) A RESOLUTION OF THE COUNCIL, OF THE CITY OF SAN LUIS OBISPO ESTABLISHING FOUR -WAY STOP SIGNS AT THE INTERSECTION OF LAUREL LANE AND AUGUSTA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby establishes four -way stop signs at'the intersection of Laurel Lane and Augusta Street. On motion.of Councilman Gurnee, seconded by Councilman Graham, and on the following.roll call vote:. AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES:. Councilman Norris ABSENT: None the foregoing Resolution was passed and adopted this 17th day of November,. 1975. ATTEST: j - R 2927 ,RESOLz;-tION NO. 2926 (1975 Series A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING LICENSE FEES FOR THE CITY'S BICYCLE .LICENSING ORDINANCE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The license fee referred to in Municipal Code Section 3220.7 shall be two dollars ($2.00) per year. 2. The transfer of registration fee referred to in Municipal Code Section 3220.7 shall be one dollar ($1.00). 3. The fee for replacement of bicycle licenses referred to in Municipal Code Section 3220.8 shall be one dollar ($1.00).. 4. This Resolution shall take effect upon January 1, 1976, the effective date of Ordinance No. 651. On motion of Mayor Schwartz, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None , the foregoing Resolution was passed and adopted this 17th day of November, 1975. ATTEST: . RESOLU ft ON NO. 2925 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING REVISED ENVIRONMENTAL IMPACT PROCEDURES. .BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Revised Environmental Impact Procedures and Guide- lines for the City of San Luis Obispo dated October, 1975, are hereby approved and adopted and supersede all previous environ- mental impact procedures adopted by the City. A copy of said Environmental Impact Procedures and Guidelines shall be main- tained on file in the Office of the Community Development Department for public inspection and copies.shall be provided to the City - County Library, the County Planning Department, and such other public.agencies as deemed appropriate by the Director of Community Development. On motion of Councilman Graham, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of November, 1975. ATTEST: R 2925 RESOLUTION NO. 2924 1975 Series' A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT FOR THE EXTENSION OF SOUTH STREET AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby approves the amendment to the Consulting Services Agreement "Environmental Impact Statement for the Extension of South.Street" dated October 27, 1975, and, the Mayor is hereby authorized to execute said amendment on behalf of the City. On motion of Councilman Graham, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz. NOES: None ABSENT: None the foregoing Resolution was passed.and adopted this 27th day of October, 1975. ATTEST: R 2924 RESM,ION NO. 2923 (1975 Ser A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF MINOR SUBDIVISION NO. 424, JOHNSON AVENUE -SAN MARCOS COURT, (APPLICANT 'KEN MAC INTYRE) AND SUPERSEDING RESOLUTION NO. 277.5. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The final. map of Minor Subdivision No. 424, San Marcos Court - 2795 Johnson Avenue, applicant Ken Mac Intyre, is hereby approved by the City of San Luis Obispo subject to the conditions outlined on Minor Subdivision Map No.. 424 on file in the Community Development Department. This Council hereby finds that said Minor Subdivision and its provisions are consistent with the General Plan of the City of San Luis Obispo. 2 This Council hereby requires the filing of a hold harmless agreement regarding the driveway slope.at 2795 Johnson Avenue. Said agreement shall run with the land. 3. Resolution No. 2775 (.1975 Series) is.hereby superseded ab initio. On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was of November, 1975. _ - ssed and adopted this 3rd day r R'2923 WJM&W:S:zw RESOLUTION NO. 2922 A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RECORDATION OF NOTICE OF ASSESSMENT JOHNSON .AVENUE IMPROVEMENT 10/30/75 RESOLVED, by the City Council of the City of San Luis Obispo, California, that WHEREAS, this Council proposes to undertake proceedings for the formation of an assessment district pursuant to Resolution. No. 2918 of Preliminary Determination and of Intention adopted by this Council on November 3, 1975. NOW, THEREFORE, IT IS ORDERED, as follows: 1. The proposed boundaries of said assessment district to be assessed in said proceedings, are hereby described as shown on a map of said assessment district on file in the office of the City Clerk, which indicates by a boundary line the extent of the terri- tory included in the proposed assessment district and which shall govern for all details as to the extent of such district, reference to such map being hereby made for particulars. Said map contains the name of the City and a distinctive designation in words or by number of the district shown thereon. 2. On the original and at least one.copy of said map the Clerk shall endorse his certificate evidencing the date and adop- tion of this resolution. The Clerk shall file the original of such map in his office and, within 15 days after adoption of the resolution fixing time and place of hearing on the formation or ex- tent of said district, and in no event later than 15 days prior to such hearing, shall file a copy thereof with the County Recorder of the County of San Luis Obispo in which all of such proposed assessment district is located. R 2922 loc Resolution No. 2922 3. The County Recorder shall endorse on the copy of said map the time and date of filing and shall fasten the same securely in a book of maps of assessment districts which he shall keep in his office. The County Recorder shall index such map by the name of the entity conducting the proceedings and by the distinctive designation of the district as shown on such map. 4. After confirmation of the assessment by this Council, the Clerk shall cause to be filed in the office of the County Recorder a copy of the assessment diagram and shall execute and record.a notice of assessment in the office of the County Recorder of the County of San Luis Obispo, such notice to be in substantially the form provided in Section 3114 of the Streets and Highways Code.. From the date of such recording, all persons shall be deemed to have notice of the contents of such assessment, and each of such assess- ments shall thereupon be a lien upon the property against which it is made, and unless sooner discharged.such liens shall so continue for the period of four (4) years from the date of said recordation, or in.the event bonds are issued to represent said assessments, then such liens shall continue until the expiration of four- (4) years after the due date of the last installment upon said bonds or of the last principal coupon attached thereto.' 5. The appropriate officer or officers are hereby authorized to pay any and all fees required by law in connection with the above. 2 .t v� Resolution No. 2922 I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San. Luis Obispo, California, at a meeting thereof.held on the 3rd day of November, 1975, by,the following vote of the members thereof: on motion of Councilman Norris, seconded by Councilman Petterson, AYES, and in favor thereof, Councilmen: Gurnee, Norris, Petterson and Mayor Schwartz NOES, Councilmen: Graham ABSENT, Councilmen: None ,,�ty-9ifd'rk of the City. of San .Luis Obispo ECpn:Nd REQUESTED BY AND MAIL TO AME n ' 6/0 �; CKY Clert; Wow rREET _ � LM S; eeT - Ty _ SAN LUIS OBISPO WJM &L,`_f4:S :zw 10/30/75 loc 09170210" A00000.00 RECR 091702101F A00000.00CA RESOLUTION NO. 2922 wo. !! 37256 A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF OFFrCPAEVECORDS ASSESSMENT DISTRICT, DIRECTING FILING OF SAN LUIS OBISPO CO., CAL BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE W" OV 101975 RECORDATION OF NOTICE OF ASSESSMENT WIL'L'IAM E. ZIMARIK JOHNSON AVENUE IMPROVEMENT COUNTY RECORDER THE A : 15 PM RESOLVED, by the City Council of the City of San Luis Obispo, California, that WHEREAS, this Council proposes to undertake proceedings for the formation of an assessment district pursuant to Resolution No. 2918• of Preliminary Determination and of Intention adopted by this Council on November 3, 1975. NOW, THEREFORE, IT IS ORDERED, as follows: 1. The proposed boundaries of said assessment district to be assessed in said proceedings, are hereby described as shown on a map of said assessment district on file in the office of the City Clerk, which indicates by a boundary line the extent,of the terri- tory included in the proposed assessment district and which shall govern for all details as to the extent of such district, reference to such map being hereby made for particulars. Said map contains the name of the City and a distinctive designation in words or by number of the district shown thereon. 2. On the original and at least one copy of said map the Clerk shall endorse his certificate evidencing the date and adop- tion of this resolution. The Clerk shall file the original of such map in his office and, within 15 days after adoption of the ,resolution fixing time and place of hearing on the formation or ex- tent of said district, and in no event later than 15 days prior to such hearing, shall file a copy thereof with the County Recorder of the County of San Luis Obispo in which all of such proposed assessment district is located. ; vOL 1862 PAcI: 709 Cif 3. The County Recorder shall endorse on the copy of said map the time and date of filing and shall fasten the same securely in a book of maps of assessment districts which he shall keep in his office. The County Recorder shall index such map by the name . of the entity conducting the proceedings and by the distinctive designation of the district as shown on such map. 4. After confirmation of the assessment by this Council, the Clerk shall cause to be filed in the office of the County Recorder a copy of the assessment diagram and shall execute and record a notice of assessment in the office of the County Recorder of the County of San Luis Obispo, such notice to be in substantially the form provided in Section 3114 of the Streets and Highways Code. From the date of such recording., all persons shall be deemed to have notice of the contents of such assessment, and each of such assess- ments shall thereupon be a lien upon the property against which it is made, and unless sooner discharged such liens shall so continue for the period of four (4) years from the date of said recordation, or in the event bonds are issued to represent said assessments, then such .liens shall continue until the expiration of four (4) years after the due date of the last installment upon said bonds or of the last principal coupon attached thereto. 5. The appropriate officer or officers are hereby authorized to pay any and all fees required by law in connection with the ab ove . 2 VOL 18 62 PALL 710 Cil Q�. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 3rd day of November, 1975, by the following vote of the members thereof: On motion of Councilman Norris, seconded by Councilman Petterson AYES, and in favor thereof, Councilmen: Gurnee, Norris, Petterson and Mayor Schwartz NOES, Councilmen: Graham ABSENT, Councilmen: None APPROVED: s /KENNETH E. SCUJARTZ Mayor s /J.H. FITZPATRICI{ City Clerk of the City of San Luis Obispo 1 certify that the foregoing is a gulf, -trop and correct copy of a Resolution passed by the Ci Counci;ot�t City fJ San Luis Obispo, California, on �VI 11 IT PATRICK City Clerk END OF DOCUMENT v0L186? Pc 711 W CTI Q� RESOLUTION NO WJM &L:._,-M:S:zw 2921 A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED JOHNSON AVENUE IMPROVEMENT 10/30/75 10c RESOLVED, by.the City Council of the City of San Luis Obispo, California, that WHEREAS, the said Council did, on the 3rd day of November, 1975, adopt its Resolution No. 2918 of Preliminary Determination and of Intention to order the construction of curbs, gutters, side- walks, driveway ramps, steps, pavement, water mains, relocation of sewer laterals, hose bibbs, removal of trees and brush, roadway excavation, reconstruction of existing driveways and retaining walls, embankments and all appurtenances in said City, all as more particularly described and set forth in said Resolution of Pre- liminary Determination and of Intention; NOW, THEREFORE, the.City Clerk of said City is hereby directed to publish once a week for two weeks in the Telegram - Tribune, a newspaper published and circulated in said City, a notice inviting sealed proposals or bids for the construction of said improvements, and referring to the plans and specifications on file in the office of said City Clerk, the first publication of which notice shall be at least fourteen days prior to the time fixed for opening bids. All proposals or bids shall be accompanied by cash, a cashier's or certified check payable to the order of the City Clerk amounting to ten percent of the bid, or by a bond in said amount and payable to said Clerk signed by the bidder and a corporate surety or by the bidder and two sureties who.shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions.. The amount so posted shall be forfeited to said City in case.the bidder depositing the.same does not, within fifteen days after written notice that the contract has been awarded to him, enter into a contract with the City. R 2921 Resolution No. 2921 It is hereby determined that in the event the contractor, contracting owners included, does not complete the work within the time limit specified in the proposed contract or within such further time as this Council shall have authorized, the contractor or contracting owners, as the case may.be,.shall pay to the City liquidated damages in the amount of Fifty Dollars ($50.00) per day for each and every day's delay in finishing the work beyond' the completion date specified in said contract. Additional.pro visions with regard to said time of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred to and incorporated herein by reference. Said sealed proposals or bids shall be delivered to the City Clerk of said City on or before 2:00 o'clock P.M. on the 9th day of December, 1975, said time being not less than fourteen days from the time of the first publication of said notice. Bids will be publicly opened, examined and declared on said day and hour and referred to and considered by the Council at its meeting at 7:00 o'clock P.M. on December 15, 1975. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the erd day of November, 1975, by the following vote of the members thereof: on motion of Councilman Gurnee, seconded by Councilman Petterson, AYES, and in favor thereof, Councilmen: Gurnee, Norris, Petterson and Mayor Schwartz NOES, Councilmen: Graham ABSENT, Councilmen: None rc of the City of San Luis .Obispo i l I RESOLUTION NO. T�. WJM &L:.; I:S.:zw 10/30/75 2920 loci m A RESOLUTION APPOINTING TIME AND PLACE OF HEARING' PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE JOHNSON AVENUE IMPROVEMENT RESOLVED, by the City Council of the City of San Luis Obispo, California, that 'WHEREAS, pursuant to Resolution No. 2918. of Preliminary Determination and of Intention adopted on November 3, 1975, by the City Council of said City pursuant to the Municipal Improve- ment Act of 1913, the City Engineer of said City has filed with the City Clerk of this City the written report called for under said Act and by said Resolution of Preliminary Determination and of Intention, which report has been presented by said Clerk to this Council for consideration, and this Council has considered and preliminarily approved and confrmed.said report and ordered that the same stand as the report for the purpose of all subse- quent proceedings had pursuant to said Resolution of Preliminary Determination and of Intention. NOW, THEREFORE, IT IS ORDERED, that Monday, the 15th day of December, 1975, at the hour of 7:00 o'clock P.M. in the regular meeting place of said Council, Council Chambers, City Hall, San.Luis Obispo, California, be, and the same are hereby,'appo.inted and fixed as the time and place when and.where.the Council will consider and finally determine whether the public interest, convenience and necessity require said acquisitions and improvements, and when and where it will consider and finally act upon the Engineer's report under said Resolution of Preliminary Determination and of Intention. IT IS FURTHER ORDERED that the City Clerk of this City be, and he is hereby, directed to give notice of said hearing once a week for two weeks in the Telegram- Tribune, a newspaper published and circulated in said City, and by conspicuously posting a notice R 2920 Resolution No. 2920 thereof along all the open streets within the assessment district at not more than three hundred feet apart, and not less than three in all; said posting and first publication to be had and completed at least twenty days before the date herein set for hearing of protests. IT IS FURTHER ORDERED that said notices shall be headed "Notice of Improvement" in letters of not less than one inch in height And shall, in legible characters, state the fact and date of the passage of said Resolution of Preliminary Determination and of Intention and of the filing of said report and of the date, hour and-place set for the hearing of said protests, and briefly de- scribe the acquisitions and improvements proposed to be.made, and refer to said Resolution of .Preliminary Determination and of Intention and report for further particulars. IT IS FURTHER ORDERED that the City Clerk of said City shall mail or cause to be mailed notice of the adoption of said Resolu- tion of Preliminary Determination and of Intention and the filing of said report, postage prepaid, at least twenty days before the date set for hearing of said protests, to all persons owning real property to be assessed, whose names and addresses appear on the last equalized assessment roll for City taxes prior thereto or as known to the City Clerk, which notice shall contain a statement of the time, place and purpose of the hearing on said Resolution of Preliminary Determination and of Intention and report and a statement of the total estimated cost of the proposed acquisitions and improvements, the amount as shown by said report to be assessed against the.particular parcel covered by the notice, together with a statement that any person interested may file a protest in writing as provided.in said Act. 2 Resolution No. 2920 I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 3rd . day of November, 1975, by the following vote of the members thereof: on motion of Councilman Patterson, seconded by Councilman Gurnee,_ AYES, and in favor thereof, Councilmen: Gurnee, Norris, Petterson and Mayor Schwartz NOES, Councilmen: Graham ABSENT, Councilmen: None y e k ot the City o San Luis Obispo 0 ` WJM &L:J "":S:zw 10/30/75 10c V RESOLUTION NO. 2919 A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT JOHNSON AVENUE IMPROVEMENT RESOLVED, by the City Council of the City of San Luis Obispo, California, that WHEREAS, on the 3rd day of November, 1975, said Council did adopt its Resolution No. 2918 of Preliminary Determination and of Intention to acquire and construct improvements in said City, and did refer the proposed acquisitions and improvements to the City Engineer, he being the officer having charge and control of the acquisition and construction of public improvements in and for said City of the kind described therein and being a competent person employed by said City for that purpose, and did.therein direct said City Engineer to make and file with the City Clerk of said City a report in writing all as therein more particularly described under and pursuant to the Municipal Improvement Act of 1913; WHEREAS, said City Engineer has made and filed with the Clerk of said City a report in writing as called for in said Resolution of Preliminary Determination and of Intention and under and pursuant to said Act, which report has been presented to this Council for consideration; WHEREAS, said Council has duly considered said report and each and "every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof requires or should be modified in any respect; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That the plans and specifications for the proposed improve- meats to be made, contained in said report, be, and they are hereby, preliminarily approved and confirmed. R 2919 0 Resolution No. 29.19 2. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements and-of the incidental expenses in connection therewith, contained in said report, be, and each of them are hereby, preliminarily approved and confirmed. 3. That the diagram showing the assessment district referred to and described in said Resolution of Preliminary Determination and of Intention and also the boundaries and dimensions of the respective subdivisions of land within said assessment district as the same existed at the time of the passage of said Resolution of Preliminary Determination and of Intention, each of which subdivisions have been given a separate number upon said diagram, as contained in said report, be, and it is hereby, preliminarily approved and confirmed. 4. That the proposed assessments upon the several subdivisions of land in said assessment district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improvements, and of the incidental. expenses thereof, as contained in said report, be, and they are hereby, preliminarily approved and confirmed. 5. That the maps and descriptions of the lands and easements to be acquired, as contained in said report, be, and the same are hereby, preliminarily approved. 6. That said report shall stand as the Engineer's report for the purposes of all subsequent proceedings had pursuant to said Resolution of Preliminary Determination and of Intention. 2 R Resolution No. 2919 ' I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City.of San Luis Obispo, California, at a meeting thereof held on the 3rd day of November., 1975, by.the following, vote of the members thereof: on motion of Councilman Norris, seconded by Councilman Gurnee, AYES, and in favor thereof, Councilmen: Gurnee, .Norris, Petterson and Mayor Schwartz NOES, Councilmen: Graham ABSENT, Councilmen: None C,J,&T-'Clerk of the City o San Luis Obispo - WJM &L:.o:S:zw 10/30/75 loc RESOLUTION NO. 2918 n A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION JOHNSON AVENUE IMPROVEMENT RESOLVED, by the City Council of the City of San Luis Obispo, California,.that it does hereby preliminarily determine that the public interest, convenience and necessity require, and that it intends to order the following work to be done, acquisitions and improvements to be made; as follows: 1. (a) The improvement of the easterly side of Johnson Street from Agnes Street southeasterly 250 feet, more or less,.by the widening thereof and the construction and installation of improve- ments consisting of curbs, gutters, sidewalks, driveway ramps, steps, base and paving, water mans,.relocation of sewer laterals, hose bibbs, removal of trees and brush, roadway excavation, reconstruc- tion of existing driveways and retaining walls, embankments and other structures or facilities necessary or suitable in connec- tion with said construction and installation of improvements, together with the acquisition of all lands and easements necessary therefor and the construction of all improvements auxiliary ;thereto and necessary to complete the same; together with all work ,which may be necessary on private property as an incident to the improvements to eliminate any disparity in level or size between the improvement and private property which is in the public interest a.nd more economical so to.do, and to adjust the work on private property to eliminate such disparity. (b) The making of all acquisitions and the performing of all work auxiliary thereto and necessary to complete the same. 2. To the extent that work, rights, improvements or acquisi- tions indicated in the Engineer's Report, to be made as.provided herein, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this entity, or of any public utility, it is the intention of the legislative body to enter into an agree- ment or agreements with the public agency or public utility or both pursuant to Chapter 2 (commencing with Section 10100) of Division 12 of the Streets and Highways Code, which agreement or agreements shall provide for the ownership by said agency.or utility of such works, rights, improvements or acquisitions, and may provide for the installation of all or a portion thereof by said agency or utility and for the providing of service to the R 2918 Resolution No. 2918 properties in the area benefiting from said work, rights, improve- ments or acquisitions by said agency or utility in accordance with its rates, rules and regulations, and that said agreement or agree- ments shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are avail- able to carry out the terms of any such agreement.or.agreements. 3. All of the blocks, streets and alleys herein mentioned are shown on maps of record in the office of the County Recorder of San Luis Obispo County, State of California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk of said City. 4. Whenever any public way is herein referred to as running between two public ways., or from or to any public way, the inter- sections of the public ways referred to are included to the extent that work shall be shown on the plans to be done herein. 5. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations, as shown and-delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. 6. There is to be excepted from the work above described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. 7. Said Council does hereby adopt and establish as the official grades for said work the grades and elevations to be.shown upon said plans, profiles and specifications. All such grades and ele- vations are to be in feet and decimals thereof with reference to the datum plane of the City of San Luis Obispo. 8. Notice is hereby given of the fact.that in many cases said work and improvement will bring the finished work to a grade different from that formerly existing,.and that to said extent said grades are hereby changed and that said work will be done to said.changed.grades. 2 I .. C, Resolution No. 2918 9. In cases where.there is any disparity in level,or size be- tween the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on said private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, said work on private property shall, with the written consent of the owner of said prop- erty, be done and the actual cost thereof may be added to the proposed assessment of the lot on which said work is to be done. 10. Notice is hereby given that it is the intention of the Council to consider adoption of an ordinance authorizing contribu- tions by the City from any sources of revenue not otherwise pro- hibited by law, or any specified amount, portion or percentage of such revenues, for the purpose of acquisition or construction of improvements, the acquisition of interest in real property and the payment of expenses incidental thereto for the use and benefit of the assessment district, and to consider authorizing application of such revenues as a credit upon the assessment. 11. The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work, and maps and descriptions, as contained in the Engineer's report, shall be controlling as to the correct and detailed de- scription thereof. 12. Said contemplated acquisitions and improvements, in the opinion of said Council, are of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon an assessment district, the exterior boundaries of which dis- trict are the composite and consolidated area as more particularly shown on.a map thereof on file in the office of the City Clerk. I Resolution No. 2918 Q Said map indicates by a boundary line the extent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment district. 13. Said Council further declares that all public streets, highways, lanes and alleys within said assessment district in use in the performance of a public function as such, shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 14. Notice is hereby given that serial bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed eight percent (8"/,) per annum., will be issued hereunder in the manner provided in the Improvement Bond.Ac.t of 1915,, Division 10.of the Streets and Highways Code, the last installment of which bonds shall mature not to exceed fourteen (14) years from the second day of July next succeeding ten months from their date 15. Notice is further given that should there be publicly owned operative property. within the assessment district, certificates or serial bonds to represent the unpaid assessments against publicly owned property in use in the performance of .a public function and bear interest at the rate of not to exceed eight percent (8%) per annum, will be issued hereunder pursuant to Section 6467 or Chapter 4.5 (commencing with Section 6468), Part 5, Division 7 of the Streets and Highways Code, the Improvement Act of 1911, the last installment of which certificates or bonds shall mature not to exceed fourteen (14).years from the second day of June beginning with the fiscal year next following the date of the bonds. 16. Except as herein otherwise provided for the issuance of bonds, all of said work shall be done as provided in the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code, and Section 17 of Article XIII of the Constitution of the.' State of California. . 17. Said acquisitions and improvements are hereby referred to the City Engineer of said City as the officer having i Resolution No'. 2918 charge and control of the acquisitions and construction of public improvements in and for said City of the kind described - herein, being a competent person employed by said City for that purpose, and said City Engineer of said City is hereby directed to make and file.with the City Clerk of said City a report in writing, pre- senting the following: (a) Maps and descriptions of the lands and easements to be acquired; (b) Plans and specifications of.the proposed improve- ments to be made pursuant to this Resolution; (c)..Engi.neer's estimate of the total costs and expenses of said acquisitions and improvements and of the incidental ex- penses in connection therewith; (d) Diagram showing the assessment district above re- ferred to, and also the boundaries and dimensions of the respective subdivisions of iand within said district 'as the same existed at the time of the passage of this Resolution, each of which sub- divisions shall be given a separate number upon said diagram; (e) A proposed assessment of the total amount of the cost and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, re- spectively; from said acquisitions and improvements. When any.portion or percentage of the cost and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of said acquisitions and improvements, and said assessment shall include only the.remainder of the estimated cost and expenses. Said assess- ment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (d) of this section. 5 i Resolution No. 2918 18. Notice is hereby given that, in the opinion of the Council, the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and that, pursuant to Section 10502.4 of the Streets and Highways Code,_ no notice of award of contract shall be published. 19. If any excess shall.be realized from the assessment it shall be used, in such amounts as the Council may determine, in accordance with the provisions of law for one or more of the following purposes: (a) Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the Improvement. Fund; (b) As a credit upon the assessment and any supplemental assessment; or (c) For the maintenance of the improvements,: 20. The estimated cost of the project is $195,176.15, of which the City will contribute the estimated amount of $161,270..40, leaving a balance to be assessed in the estimated amount of $33,905.75. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo., California, at a meeting thereof held on the 3rd day of November, 1975, by the following vote of the members thereof: on motion of Councilman Norris, seconded by Councilman Petterson, AYES, and in favor thereof, Councilmen: Gurnee, Norris, Petterson and Mayor-Schwartz NOES, Councilmen: Graham ABSENT, Councilmen: None 2'i erkot the Cityo- San Luis Obispo WJM &L:, :S:zw 10/30/75 loc RESOLUTION NO. 2917 (1975 Series) A RESOLUTION APPOINTING ATTORNEYS JOHNSON AVENUE IMPROVEMENT RESOLVED, by the City Council of the City of San Luis'Obispo, California, . that WHEREAS, this Council has determined to undertake proceedings pursuant to appropriate assessment and assessment bond acts for the acquisition and construction of public improvements in said City; WHEREAS, the public interest and general welfare will be served by appointing and employing attorneys for the preparation and con- duct of.said proceedings in connection with said acquisitions and improvements; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That the law firm of Wilson, Jones, Morton & Lynch, San Mateo, California, be, and they are hereby, appointed and employed to do and perform all legal services required in the conduct of said proceedings, including the preparation of all papers not re- quired to be prepared by the Engineer, examining and approving the engineering documents and advising the Engineer in the preparation of his work, advising all City officials on all matters relating thereto when called upon, and furnishing their legal opinion on the validity of said proceedings and bonds, and that their compensa- tion be, and it is hereby, fixed at 2% of the cost of the acquisitions and improvements, exclusive of incidental expenses, or $1,000, whichever is greater, together with reasonable fees for services in acquiring easements or in eminent domain or other suits, to be assessed as an incidental expense of said proceedings. 2. That the fees provided to be paid herein be paid from said assessments to be levied and bonds to be issued, and not otherwise. Resolution No. 2917 (1975 Series) I hereby certify that the foregoing.resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 3rd day of November, 1975, by,the following vote of the members thereof: on motion of Councilman Petterson, seconded Councilman Norris, AYES, and in favor thereof, Councilmen: Gurnee, Norris, Petterson and Mayor Schwartz NOES, Councilmen: Graham ABSENT, Councilmen: None t er c of the City of San Luis Obispo A RESOLUTION NO. 2916 (1975 Series) A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS AND APPOINTING SPECIAL COUNSEL JOHNSON AVENUE IMPROVEMENT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: WHEREAS, it is the intention of this City Council to construct and maintain street improvements in and on the land hereinafter described, NOW, THEREFORE, IT IS FOUND, DETERMINED and ORDERED as follows: 1. The.public interest and necessity require the acquisition, construction and completion of street improvements and work auxiliary thereto in, over, across and upon Tract I of Parcels 1, 2, 3, 4 and 5, as more particularly 'described in Exhibit "A ", attached hereto and by this reference made a part hereof, within the City of San Luis Obispo, and the taking of the fee simple title for street improvement purposes and work auxiliary thereto in and to the aforesaid parcels, together with temporary construction easements in, over, across and upon Tract II of said parcels, as more particularly designated in said Exhibit. "A", are necessary for said improvements. 2. Said proposed acquisitions and improvements are plann&:i ::: ,Id located in the manner which will be most compatible with the greatest public good and the least private injury., and all of said acquisitions are.situate in the City of San Luis Obispo, County of San Luis_ Obispo, State of California. 3. The law firm of Wilson, Jones, Morton ,& Lynch be, and they are, hereby directed to institute and conduct to conclusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to take such action as is necessary therein, and said law firm of Wilson, Jones, Morton & Lynch shall be paid a reasonable fee therefor. R 2916 Resolution,No. U16 .(1975 Series) 4. An Order for immediate Possession and Use shall be obtained in said action, and that a warrant be issued to the County Clerk, San Luis Obispo County, California, in the amount determined by the Court to be so deposited, as a condition to the right of immediate possession. On motion of Councilman Norris , seconded by 20=0== Mayor Schwartz , and on the following roll call vote: AYES, Councilmen, Petterson, Norris, Mme, Gurnee and Mayor Schwartz NOES, Councilmen, ',Graham ABSENT, Councilmen, None the foregoing Resolution is passed and adopted this 3rd day of November, 1975. ATTEST: City Clerk CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 3rd day of November, 1975. City Clerk EXHIBIT "A" All that certain real property situate in the City of San Luis Obispo, County of San Luis Obispo, State of California, and more particularly described as follows: Parcel 1 Two (2) parcels of land, both being portions of Agnes Street as shown on the Map of the Callender Tract recorded January 10, 1888, in Book B at Page 35 of Maps, Office of the County Recorder, County of San Luis Obispo, California, more particularly described as follows: Tract I Beginning at a point on the Northeasterly line of Johnson Avenue, said point being the Southwesterly corner of Lot No. 7 of said Callender Tract; thence North 36 022' West along the prolongation of the Northeasterly line of Johnson Avenue, a distance of 25 feet to a point; thence North 53 038.' East a distance of 7.0 feet to a point; thence South 36 022' East along a line parallel to the Northeasterly line of Johnson Avenue, a distance of 25 feet to a point on the Northwesterly line of Lot No. 7 of said Callender Tract; thence South 53 038' West along said lot line, a distance of 7.0 feet to the point of beginning. Containing 0.004 acres more or less. Tract.II Beginning at the Southwest corner of Lot No. 7 of said Callender Tract; thence North 53 038' East along the Northwesterly line of said Lot No. 7, a distance of 7.0 feet to the true point of beginning; thence continuing North 53 038' East along the Northwesterly line of said Lot No. 7, a distance of 35 feet to a point; thence North 36 022' West, a distance of 20 feet to a point; thence North 53 038' East, a distance of 10 feet to a point; thence North 36 022' West, a distance of 5 feet to a point; thence South 53 038' West, a dis- tance of 45 feet to a point; thence South 36 022' East along a line parallel to the Northeasterly line of Johnson Avenue, a distance of 25 feet to the true point of beginning. 1 EXHIBIT "A" (continued) All that certain real property situate in the City-of San Luis Obispo, County of San Luis Obispo, State of California, and more particularly described as follows: Parcel 2 Two (2) parcels of land, both being portions of Agnes Street as shown on the Map of the Callender Tract recorded January 10, 18885 in Book B at Page, 35 of.Maps, Office of the County Recorder, County of San Luis Obispo, California; more particularly described as follows: Tract I Beginning at the Southwest corner of Lot No. 7 of said Callender Tract; thence North 53 038' East along the Northeasterly line of said Lot No. 7, a distance of 7.0 feet to a point; thence South 36 022' East along a line parallel to the Northeasterly line of Johnson Avenue, a distance of 50 feet to a point on the line common to Lots No. 7 and No. 8; then South 530381 West along the line common to Lots No. 7 and No. 8, a distance of 7.0 feet to a point on the Northeasterly line of Johnson Avenue; thence North 36 22.' West along the Northeasterly line of Johnson Avenue, a distance of 50 feet to the point of beginning. Containing 0.0080 acres more or less. Tract II Beginning at the Southwest corner of Lot No. 7 of said Callender Tract; thence North 53 038' East along the Northwesterly line of Lot No. 7, a distance of 7.0 feet to the true point of beginning; thence South 36 922' East a distance of 50.00 feet to a point on the line common to Lots No. 7 and No. 8 of said Callender Tract; thence North 530381 East along the line common to Lots No. 7 and No. 8, a distance of 35 feet to a point; thence. North 36 022' West, a distance of 50 feet to the Northwesterly line of Lot No. 7; thence South 53 038' West, a distance of 35 feet to the true point of beginning- 2 EXHIBIT "A" (continued) All that certain real property situate in the City of San Luis Obispo, County of San Luis Obispo, State of California, and more particularly described as follows: Parcel 3 Two (2) parcels of land, both being portions of Lots No. 8 and No. 9 of the Callender Tract recorded January 10, 1888, in Book B at Page 35 of Maps, Office of the County Recorder, County of San Luis Obispo, California; more particularly described as.follows: Tract I Beginning at the Southwest corner of Lot No. 8 of said Callender Tract; thence North 53038' East along the Northwesterly line of Lot 8, a distance of 7.0 feet to a point;, thence South 36 022' East along a line parallel to the Northeasterly line of Johnson Avenue, a dis- tance of 100 feet to a point on the line common to Lots No. 9 and No. 10 of said Callender Tract; thence South 53 038' West along said line, a distance of 7.0 feet to a point on the Northeasterly line of Johnson Avenue; thence North 36 022' West along said Northeasterly line of Johnson Avenue, a distance of 100 feet to the point of beginning. Containing 0.016 acres more or less. Tract II Beginning at the Southwest corner of Lot No. 8 of said Callender Tract; thence.North 53 038' East along the Northwesterly line of Lot No. 8 a distance of 7.0 feet to the true point of beginning; thence South 36 022' East along a line parallel to the Northeasterly line of Johnson Avenue, a distance of 100 feet to a point on the line common to Lots No. 9 and No. 10 of said Callender Tract; thence North 53 °38' East along the line common to Lots No. 9 and No. 10, a distance of 16 feet to a point; thence North 36 022' West, a distance of 30.0 feet to a point; thence North 53 038' East, a distance of 2.0 feet to a point; thence North 360221 West, a distance of 35.0 feet to a point; thence North 53 038' East, a distance of 6.0 feet to a point; thence North 36 022' West, a distance of 17.0 feet to a point; thence North 53 °38' East, a distance of 11.0 feet to a point; thence North 36 022' West, a distance of 18.0 feet to a point on the line common to Lots No. 7 and No. 8; thence South.53 0 38' West, along the line common to Lot No. _7 and Lot No. 8, a distance of 35 feet to the true point of beginning. 3 EXHIBIT "A" (continued) All that certain real property situate in the City of San Luis Obispo, County of San Luis Obispo, State of California, and more particularly described as.foliows: Parcel 4 Two (2) parcels of land, both being portions of Lot No. 10 of the Callender Tract recorded January 10, 1888, in Book B at Page 35 of Maps, Office of the County Recorder, County of San Luis Obispo, California, more particularly described as follows: Tract I Beginning at the Southeast corner of Lot No. 10 of said Callender Tract; thence North 53 038' East along the Southeasterly line of Lot No. 10, a distance of 7.0 feet to a point; thence North 36 022' West along a line parallel to the Northeasterly line of Johnson Avenue, a distance of 50 feet to a point on the line common to Lot No. 9 and Lot No. 10; thence South 53 38' West along said line a distance of 7.0 feet to a point on the Northeasterly line of Johnson Avenue; thence South 36 022' East along the Northeasterly line of Johnson Avenue a distance of 50.0 feet to the point of beginning. Containing 0.008 acres more or less. Tract II Beginning at the Southeast corner of Lot No. 10 of the Callender Tract; thence North 53 038' East along the Southeasterly line of Lot No. 10 a distance of 7.00 feet to the true point of beginning*; thence continuing North 53 038' East along said line, a distance of 65 feet to a point; thence North 36 022' West, a distance of 32.0 feet to a point; thence South 53 038' West, a distance of 49.0 feet to a point; thence North 36 022' West, a distance of 18.0 feet to a point on the line common to Lot No. 9 and Lot No. 10; thence South 53 038' West along said line, a distance of 16.0 feet to a point; thence South 360221 East along a line parallel to the Northeasterly line of Johnson Avenue, a distance of 50.0 feet to the true point of begin- ning. 4 EXHIBIT "A" (continued) All that certain real property situate in Obispo, County of San Luis Obispo, State particularly described as follows: Parcel 5 the City of San Luis of California, and more Two (2) parcels of land, both being portions of the Southeast quarter of the Southeast quarter of Section 26, and the Northeast quarter of the Northeast quarter of Section 35, in Township 30 South, Range 12. East, Mount Diablo Base and Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, more particularly described as follows: Tract I Beginning at the point of intersection of the Northeasterly line of Johnson Avenue with the Northwesterly line of Lizzie Street, as said line of Lizzie Street exists since the widening thereof; thence North 36 022' West along the Northeasterly line of Johnson Avenue a distance of 197.0 feet to the true point of beginning; thence North 53 038' East parallel to Lizzie Street, a distance of 7.0 feet to a point; thence North 36 022' West along a line parallel to the Northeasterly line of Johnson Avenue, a distance of 49.0 feet to a point on the Southeaster- ly line of Lot No. 10 of the Callender Tract as shown on the Map of the Callender Tract recorded January 10, 1888, in Book B at Page 35 of Maps in the Office of the County Recorder, County of San Luis Obispo, California; thence South 53 °38' West along said lot line, a distance of 7.0 feet to a point on the Northeasterly line of Johnson Avenue; thence South 36 022' East along the Northeasterly line of Johnson Avenue a distance of 49.0 feet to the true point_ of.beginning. Containing 0.0079 acres more or less. Tract II Beginning at the intersection of the Northeasterly line of Johnson Avenue with the Northwesterly line of Lizzie Street, as said line of Lizzie Street exists since the widening thereof; thence North 36 022' West along the Northeasterly line of Johnson Avenue a distance of 197.0 feet to a.point; thence North 53 038' East along a line parallel to Lizzie Street, a distance of 7.0 feet to the true point of beginning; thence continuing North 53 °38' East a distance of 46.60 feet to a point; thence North 36 022' West a distance of 43.0 feet to a point; thence North 53 038 East a distance of 24.40 feet to a point; thence North 36 022' West a distance of 7.0 feet to a point on the Southeasterly line of Lot No. 10 of the Callender Tract as shown on the map of the Callender Tract recorded January 10, 1888, in Book B at Page 35 of Maps in the Office of the County Recorder, County of San Luis Obispo, California; thence South 53 038' West along the Southeasterly line of said Lot No..10 of the Callender Tract, a distance of 65.0 feet to a point; thence South 36 022' East along a line parallel to the North- easterly line of Johnson Avenue, a distance of 49.0 feet to the true point of beginning. V RESOLUTION NO. 2915 (1975.Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AND ADOPTING THE NOISE ELEMENT OF THE GENERAL PLAN. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council, having held a duly noticed public hearing this date, and having read and considered the Draft Noise Element dated September, 1975. together with the comments and recommendations of the Planning Commission and staff, hereby approves and adopts said Draft together with said comments and recommendations as the Final Noise Element of the General Plan of the City of San Luis Obispo. (Government Code Section 65302(g).) 2. A copy of the said Final Noise Element shall be maintained on file in the Office of the Community Development Department for public use during normal business hours. On motion of Councilman Petterson, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of November, 1975. ATTEST: I�� n I)nlc RESOL .ION NO. 2914 (1975 Series),'D A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO PROHIBITING PARKING AND ESTABLISHING BICYCLE LANES ON SOUTH HIGUERA STREET; PROHIBITING PARKING ON GRAND AVENUE; AND ESTABLISHING A STOP SIGN ON NORTH CHORRO STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Parking is hereby prohibited on the easterly side of South Higuera Street beginning at a point 239 feet southerly of the westerly prolongation of the northerly property line of Prado Road and thence continuing north to a point 267 feet north of the westerly prolongation of the northerly property line of Prado Road. 2. Bicycle lanes are hereby established on the easterly side of South Higuera Street beginning at a point 239 feet southerly of the westerly prolongation of the northerly property line of Prado Road and thence continuing north to a point 267 feet north of the westerly prolongation of the northerly property line of Prado Road. 3. Parking is hereby prohibited on the westerly side of. Grand Avenue beginning at a point 180 feet south of the easterly prolongation of the southerly property line of Slack Street and thence continuing 46 feet south. 4. A stop sign is hereby established on northbound North Chorro Street at the intersection of Ferrini Road. On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: R 2914 Resolution No. 291` 2 (1y-15 Series) AYES:. Councilmen Graham, Gurnee, Norris., Petterson and Mayor Schwartz . NOES: None ABSENT: None j the foregoing Resolution was passed and adopted this 3rd day of November, 1975. ATTEST: �: is RESOC� :ION NO. 2913 (1975 Seri( A RESOLUTION INCREASING THE 1975 -76 BUDGET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the current budget be increased as follows: Account No. 50 -01- 2801 -001 by $2,306.00 Account No. 50 -11- 5701 -001 by $2,306.00 Account No. 50-01-2801-004 by $ 262.00. Account No. 50 -11- 5701 -004 by $ 262.00 Account, No. 50 -01- 2801 -005 by $ 145.00 Account No. .50 -11- 5701 -005 by $ 145.00 Account No. 50 -01- 2801 -006. by $ 124.00 Account No. 50 -11- 5701- 006.by $ 124.00 2. That Account No. 05 -01- 3999 -000, General Fund Contingency Appropriation, be decreased by $2,837.00.. On motion of Councilman Gurnee, seconded by Councilman Norris, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 3rd day of November, 1975. ATTEST: RESOLD ION NO. 2912 (1975 Series')' A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH MICHAEL WEDEL FOR-ANALYSIS OF THE CITY'S CIRCULATION SYSTEM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF'THE CITY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby approves the Agreement dated October 10, 1975, with Michael Wedel for�an analysis of the City's circula- tion system and the Mayor is authorized to execute said Agreement on behalf of the City. On motion of Councilman Norris, seconded by Councilman Petterson, and on the following roll call vote: 1 AYES: Councilmen Graham, Gurnee, Norris, Petterson % and Mayor Schwartz NOES: None ABSENT: None ..the.foregoing Resolution was passed and adopted this 3rd day of November, 1975. ATTEST: R 2912 RESOLUTION NO. 2911 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A MASTER AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION FOR FAU PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby approves Master Agreement No..2 with the Department of Transportation of the State of California. for Federal -aid Urban System Projects (FAU) in the City of San Luis Obispo and the Mayor is authorized to execute said Agreement on behalf of the City. On motion of Mayor Schwartz, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson. and Mayor Schwartz NOES: None' ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of November, 1975. ATTEST: R 2911 RES(._.JTION NO. 29.10 (1975 Serie� A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RECOMMENDING BAIL AMOUNTS TO THE MUNICIPAL COURT FOR PARKING VIOLATIONS. BE IT RESOLVED by the.Council of the City of San Luis Obispo as follows: The City Council hereby recommends to the Municipal Court that bail amounts be established by the Court for parking violations as follows: A. Issu=ance of complaint and notice of intention to issue warrant: $10.00 (Letter to violator before warrant is issued.) B. Issuance and service of warrant: $15.00 On motion of Councilman Graham, seconded by Councilman Petterson, and on the.following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 27th day of October, 1975. ATTEST: R 2910 RESOL,' ION NO. 2909 (1975 Seri, A RESOLUTION INCREASING THE 1975 -76 BUDGET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That Account No. 50 -50- 6609 -120, Water - Fire Insurance, be increased. by $594.00. 2. That Account No. 65 -10 -5609 -120, Library - Fire Insurance, be increased by $110.00. On motion of Councilman Graham, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 27th day of October, 1975. ATTEST: )? - 9 07 RESOLUTION NO. 2908 44") (1975 Serie" A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION FOR RE- LOCATION AND ADJUSTMENT OF A WATER LINE AT FUNSTON AND LAWTON AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME. BE IT RESOLVED by the 'Council of the City of San Luis Obispo as follows: 1. This Council hereby approves Utilitie's Agreement No. 304.0.16 with the Department of Transportation for relocation and adjustment of a water line at Funston and Lawton. A copy of said Agreement shall be maintained on file in the Office of the City Clerk and the City Engineer.. The Mayor is authorized to execute said Agreement on behalf of the City. On motion of Councilman Graham, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 27th day of October, 1975. ATTEST: R 2908 RESC" �TION NO. 2907 (1975 Seriei A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A MAINTENANCE AGREEMENT WITH THE DEPARTMENT OF TP.ANSPORTATION AND AUTHORIZING THE.MAYOR TO EXECUTE THE SAME. WHEREAS, the State of California, through its Department. of Transportation, has presented an Agreement for Maintenance of.the State highway in the City of San Luis Obispo effective as of November. 1, 1975, and to remain in effect until amended or terminated; and WHEREAS, the City Council has read said Agr6ement.in full and is familiar with the contents thereof; NOW, THEREFORE, be it resolved by the City Council of the City of San Luis Obispo that said.Agreement for Maintenance'of the State Highway in the City is hereby approved and the Mayor and the City Clerk are directed to .sign the same on behalf of said City. On motion of Councilman Graham, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was.passed and.adopted this 27th day R 2907 RESOLUTION NO..2906 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, SUPPORTING RENEWAL OF THE FEDERAL REVENUE SHARING PROGRAM. WHEREAS, the Federal Revenue Sharing Program.has permitted the City of San Luis Obispo to finance capital improvement, social and other programs which benefit all residents of the .. City; and WHEREAS, the current Revenue Sharing Program expires December 31, 1976, halfway through the City's 1976 =77 budget year; and WHEREAS, the City's budgetary process for fiscal year 1976 -77 must be completed before June 30, 1976, and the City desires to budget Revenue Sharing funds -for all of said fiscal year to provide its residents with.the benefits and advantages made possible only by the highly successful and greatly appreciated Revenue Sharing Program. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Congress of the United States is hereby urged to extend the Federal Revenue Sharing Program for the assistance of local governments in providing increased services and benefits to the residents thereof. 2. Renewal of the Revenue Sharing Program before June, 1976, will be most helpful.to the City in preparing and finalizing the City's budget for the whole of fiscal year 1976 -77. R 2906 Resolution No. 290 2 1975 Series) BE IT FURTHER RESOLVED, that copies of this Resolution be forwarded to the U.S. Senate, Senator Alan.Cranston, and Senator John V. Tunney, Senate Office.Building, Washington, D. C. 20510; the U. S. House of Representatives, Representatives Al Ullman, Representative Robert J. Lagomarsino, and Representative Burt L. Talcott, Washington, D. C. 20515; The League of California Cities, Sacramento, California 95814; City of Arroyo Grande; City of Grover City; City of Morro Bay; City of Paso Robles; City of Pismo Beach; and the County of San Luis Obispo. on motion of Councilman Petterson, seconded by Mayor Schwartz, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 27th.day of October, 1975. ATTEST: /_ w ' RESOLL - -LION NO. 2905 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF UNINHABITED TER- RITORY DESCRIBED HEREIN AND DESIGNATED "SOUTH STREET ANNEXATION ", AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That, pursuant to the provisions of the Annexation of Uninhabited Territory Act of 1939, a petition signed by owners of not less than one - fourth of the land in the hereinafter described territory, by area and.by assessed value as shown on the last equalized assessment roll of the County of San Luis Obispo, was filed with the Council of the City of San Luis Obispo on October 27,:1975, requesting annexation of the-hereinafter described territory to.said City. 2.. That the territory which the petitioners request be . annexed to the City of San Luis Obispo and which said City and its Council propose to annex, is situate in the County of San Luis Obispo, State of California, hereby designated "South Street Annexation ", and described upon Exhibit "A" attached hereto, and incorporated herein. 3. That the Local Agency Formation Commission of San Luis Obispo County, California,. did in session duly assembled on October 2, 1975, consider the proposed annexation boundaries of said "South Street Annexation" as described in Exhibit "A ", and as submitted to said Commission by the proponents of said annexation. R 2905 Resolution No. 2905 2 (15 5 Series) 4. That Monday, December 15, 1975, at the hour of 7:00 P.M., in the Council Chambers of.the City Hall, in the City of San Luis Obispo, County of San Luis Obispo, California, is hereby fixed as the time and place when and where any person owning real property within the uninhabited territory herein described and proposed to be annexed to the City of San Luis Obispo, and having any objections to the proposed annexation, may appear before the Council of the City of San Luis Obispo and show cause why such uninhabited territory should not be so annexed-to the City of San Luis Obispo. The protest must be in writing, may be filed at any time before final adjournment of the hearing on protests to the proposed annexation, and shall state the name or names of the owner or owners of property affected and the street address or other description and area of such property, in general terms. 5. The City Clerk of the.City of San Luis Obispo is hereby authorized and directed to cause a copy of this resolution to be published at least twice, but not oftener than once a week in (1) a newspaper of general circulation published in said City of San Luis Obispo, and (2) a newspaper of general circulation published outside of the City but in the .County of San Luis Obispo; publication to be completed at least 20 days prior to the date set for hearing. 6. The City Clerk is directed to cause written notice to be given to such other persons as may be legally entitled thereto, in the manner required. by law. r. Resolution No. 29d—,! 3 (1_ 5 Series) On motion of Councilman Petterson, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and.adopted this 27th day of.October, 1975. ATTEST: LEGAL DESCRIPTION OF' PROPOSED SOUTH STREET ANNEX _TO THE CITY OF SAN LUIS OBISPO 1 Those portions of Lots 12, 135 14 and 15.of the South.side 2 Villa Tract according to the map filed in Book 2, Page 6 o.f Baps. 3 Lot 10 of the Beebee and Phillips Tract according to the map 4 filed in Book "A ", Page 44 of Maps and Lot 1, Block 1.55 of the 5 J. Harford Addition according to-the map filed in. Book $ of 6 Licensed Surveys at Page 72, Records of San Luis Obispo County 7 described as follows: 8 Beginning at the southeast corner Lot 12 of said Southside 9 Villa Tract; thence P:orth.alona- the Easterly line said Lot 12 10 North 0° 4' East 260.7 feet to the line delineated "South. Boundary 11 Line of the City of San Luis Obispo "; thence Jesterly over Lots 12 12., 13, 14 and 15 along said City Limits Line Sbuth,$9° 39' 2011 . 13 ,lest 2095.92 feet to a point on the ,lesterly line of said Lot 15 14 i..hich bears North 00 37' East 239,2 feet from the Southwesterly 15 corner thereof; thence continuing along the 'ilesterly prolongation 16 of said south City Limit line South $90 39' 26" ':lest 994.15 feet 17 over the fractional portion of Lot 10 described in the deed .re- 18 corded in Book 901, Page 141, of Official Records and Lot 1, 19 Block 155 of said J. Harford Addition to a point on the !.esterly 20 line of said Lot 1 which bears North 00 37' 'East distant 225.30" . 21 feet.from'the Southwest corner thereof; thence South 0° 37' '.lest 22 225.3$ feet; thence along the Southerly line of said Lot l South 23 $90 131 Last 462.63 feet to the Southwesterly corner of said Lo;, 24 10; thence along the Southerly line, of said Lot 10 South �9° 50' 25 East 531.40 feet to the Southwesterly corner of said Lot '15; 26 thence along the Southerly line of Lot 15 and 14 South 0 '90 50' 27 East $67.7 feet —to the Southwesterly corner of Lot 13; thence 28 along the Southerly line of said Lot 13 .due East 6089.5 feet to 29 the Southwest corner of said'Lot 12; thence along the Southerly 30 line of Lot 12 South $9° 191 East 541.00 feet to the point of 31 beginning. Said area so described containing 17.2$ acres, more 32 or less. EX$IBIT "A11 Pagp 1 bf -2 _ -"�-_` APf� [1OVED BY L.A.F.C. CERYIFIE' 5 ` COIJk1 I VE i 0;� .. +A I po a n r OIA s Noun. �F Lsl f� 3 1• r: Ix luu x� I n- a r SV6 m1 Ln '1S A1VN } Y+ r , O a 3323 I I 1 0 Q p of I cJ ; cn = OI'1" -� o 0\ a i ■ 1 1S �� NooaeN31 z I' W �PP y to spy F s" LL i _T SIM 1 i Exhibit "A" Page 2 of 2 \\\l. I) .i �'�ry. •� ��, +.,,..� .tom. y�.. '1S -- �M0473 v 'y�j�i p1. o s Noun. �F Lsl f� 3 1• r: Ix luu x� I n- a r SV6 m1 Ln '1S A1VN } Y+ r , O a 3323 I I 1 0 Q p of I cJ ; cn = OI'1" -� o 0\ a i ■ 1 1S �� NooaeN31 z I' W �PP y to spy F s" LL i _T SIM 1 i Exhibit "A" Page 2 of 2 \\\l. I) .i �'�ry. •� ��, +.,,..� .tom. y�.. I \�I RESOLUTION NO. 2904 (1975 Series) A RESOLUTION OF.THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING THAT A PUBLIC NUISANCE MAY EXIST UPON THE PREMISES AT 633 WOODBRIDGE STREET AND ORDERING A PUBLIC HEARING CONCERNING SAME AND THE ABATEMENT THEREOF. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council finds that the dilapidated board culvert in the creek upon the real property generally described as 633 Woodbridge Street and more particularly described as: Lots 11 and 12 of Block 20 of the Norton's Addition as recorded October.24, 1901, on page 79 of Book A of Maps; Assessor's Parcel No. 04- 911 -03 may constitute a public nuisance.. 2. This Council intends to hold a public hearing on December 1, 1975, at 7:30 P. M., in the Council Chambers of the City Hall, to ascertain whether said dilapidated culvert constitutes a public nuisance which should be abated. 3. The facts forming the basis for the aforesaid finding are that the said culvert obstructs.or constitutes a hazard to the free flow of water in the creek, thereby constituting a public nuisance under the provisions of the Municipal Code. 4. Possible methods of abatement are to remove said culvert or to reconstruct it in accordance with plans approved by the City. 5.. The City. Clerk is hereby directed to comply with the provisions of Municipal Code Sections 4400.4, 4400.5 and 4400.6 concerning.the posting and serving of notice of public hearing.. R 2904 Resolution No. 2904 2 (1975 Series) on motion of Councilman Gurnee,. seconded by Councilman Petterson, and on the following roll.call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson, and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 27th day of October, 1975. ATTEST: RE. I% SOLUTION NO. 2903 (1975 Series A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO PROHIBITING PARKING AND ESTABLISHING BICYCLE LANES ON SOUTH HIGUERA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Parking is hereby prohibited on the westerly side of. South Higuera Street beginning at the easterly prolongation of the northerly property line of Prado Road and extending 343 feet north. 2. Bicycle lanes are hereby established on the westerly side of South Higuera Street beginning at the easterly pro- longation of the northerly property line of Prado Road and extending 343 feet north. On motion of Councilman Petterson, seconded by.Councilman Graham, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 27th day of October; 1975. ATTEST: R 2903 RESOLUTION NO. 2902 (1975 Series) A RESOLUTION OF INTENTION TO PARTIALLY ABANDON PORTIONS OF HASKIN AND EMILY STREETS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. It is the intention of the City of San Luis Obispo to abandon portions of Haskin and Emily Streets as shown on the map marked Exhibit "A ", attached hereto and incorporated herein, pursuant to California Streets and Highways Code §8320 et seq. 2. A copy of the map showing the particulars as to the proposed abandonment is also on file in the Office of the City Clerk. 3. Monday, November 17, 1975, at 7:45 P.M. in the Council Chambers of the City Hall, 990 Palm Street., San Luis Obispo, California, is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this Resolution. 4. This Resolution, together with the ayes and noes, shall be published once in full, at least three days before the public hearing on the proposed abandonment, in the Telegram- Tribune, a newspaper published and circulated in this City. 5. The City Engineer shall post at least three notices of the proposed abandonment along those portions of the streets proposed to be abandoned at least ten days before the date set for hearing, in accordance with §8322 of the Streets and Highways Code. R 2.902 . .J Resolution No. 2902 2 (1975 Series) 6. The proceedings to be taken will be.subject to conditions and reservation by the City of public easements described as follows: a. The City shall retain utility and railroad spur easements for the City, utility and railroad companies; the location of said easement to be approved by the City Engineer (approximately as shown on the Exhibit.:'A" map) . b. The owner or owners directly benefiting from the abandonment of Emily Street shall construct a manhole and sewer line in Roundhouse Avenue (as indicated on the Exhibit "A" map). On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz. NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 27th day of October, 1975. ATTEST: i HIGH �w Q ST. QAS IN AV m ct m Q�GI?O0 cQn POP ROUNDHOUSE ABANDONMENT I AAVVE.. ERH 7 EXHIBIT "Aff .'75 rid ; M AAVVE.. ERH 7 EXHIBIT "Aff .'75 FI) RESOLUTION NO. 2901 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUIRING THE 'REMOVAL OF CERTAIN DRIVEWAY RAMPS ON PORTIONS OF VARIOUS STREETS IN THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the Council hereby preliminarily determines that the public interest, necessity and convenience require the removal of certain driveway ramps with construction of curbs, gutters and sidewalk improvements on those portions of streets within the City of San Luis Obispo as set forth on Exhibit "A" attached hereto and incorporated herein by reference. 2. That December 1, 1975, at 7:00 P. M. in the Council Chambers of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for public hearing on said matter, and notice thereof shall be published twice in the Telegram- Tribune, a newspaper of general circulation in said City; the first publication to be at least twenty days prior to said hearing. Said parcels shall be posted at least ten days prior to said hearing. 3. That subject to any modifications or exceptions declared by the Council at the close of said hearing, said parcels shall be so improved by the property owner, or the City Engineer shall proceed to have the work done and cost thereof shall be made a lien against the property in accordance with Sections 7350 et seq. of the San Luis Obispo Municipal Code. R 2901 it it Resolution No. 2901 2 (1975 Series) On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 27th day of October, 1975. ATTEST: /ITOTI EY.I {IBIT "V C = Curb & Glitter R = Dvivewa- Ramp pI ?rN R LOCATIOId PA2,CEL bIO. VM I >r,� H. A. & E.E. R. 1evely 884 Broad St. 2- 413 -19 C, S•'T (Palm Street Side) R.M. Hansen, etal 659 Palm St. 2- 412 -06 C, S* H. I. Dockweiler Trust 591 Hi^uera St., also 3- 511 -14 C, S'. Ilipomo Street side N. J. & R. H. nzker 641 Hiauera St. 2- 422 -01 C, S"* (;dipomo St. side) L. G. & AT. J. Watts 590 Marsh 3- 511 -25 C, S* (Nipomo St. side) S. H. Swenson Jr., etal 600 A °arsh St. 2- 422 -12 I. C, S*',* !'. T. & 111. F. Hesselbarth 692 Harsh St. 2- 423 -18 C, S Central Savings & Loan Assn 1205 Chorro 3- 525 -12 C, S-,- (Marsh St. side) D. C. Chase, etal 1135 Morro St. 2- 427 -09 C, S *J* A. & C. Renetzky, etal 978 ?Iorro St. 2- 322 -01 C, S'T' First Presbyterian Church 995 Marsh St. 2- 441 -16 C, S* (Osos St. side) J. C. Kundert 1106 Pacific St., also 2- 445 -11 C.. Santa .Rosa St. side H. F. MacDonald 1088 Higuera 2- 434 -11 C, S'° R. 0. Laird 1009 "Ionterey St. 2- 434 -02 C -` (Higuera St. side) ': n': Firestone Tire E Rubber Co. 1001 Higuera St., also 2- 435 -09 C, S (2) Osos St. side County of San Luis Obispo 976 Osos St. 2- 324 -10 C,S (2)* Santa Rosa & Monterey Sts side P. S. Burton 1185 Monterey St., also 2- 436 -07 C, S Toro St. side B. H. Gibson 1200 Monterey St. 1- 222 -11 C,S (2)' F. Nelson, etal 1229 Monterey St. 2- 331 -18 C, S* A. Muzio, etal 1245 Monterey St. 2- 331 -16 C, S.. h/. K. Wright 1255 Monterey St. 2- 331 -04 R J. F. Ready, etal 1305 -1319 Marsh St 2- 342 -17 C,S,R' E. W. & S. V. Barredo 1656 Monterey St. 1- 142 -05 C, S E. L. & E. M. O'Reilly 1701 Monterey 1- 151 -01 C, S *ov Abandon Driveway Ramp to be Removed ° Excessive Driveway Ramp to be Narrowed AMENDED EXHIBIT "A" Owner Location Parcel No. N.J. & R.H. Kraker* 641 Higuera St. 2- 422 -01 (Big,Brand Tire Co.) ** (Nipomo side) S.H. Swenson Jr., etal* 600 Marsh St. 2- 422 -12 (S & D Auto Service) ** A.C..Renetzky, etal* 973 Morro St. 2- 322 -01 (British Motors Used Cars) ** First Presbyterian Church* 995 Marsh St. 2- 441 -16 (Same) ** (Osos St. side) County of San Luis Obispo* Santa Rosa and 2- 324 -10 (Same) ** Monterey Streets B.H. Gibson* 1200 Monterey St. 1- 222 -11 (Hathway.Motors- Used Cars) ** F. Nelson, etal 1229 Monterey St. 2- 331 -18 (Hathway Motors- Mission Pontiac - Buick) ** * Property Owner ** Business Zke 5Iret Cpr"byterian ekurck MARSH AND MORRO STREETS Post Office Box 391 The Honorable Kenneth Schwartz, Mayor City of San Luis Obispo Post Office Box 321 San Luis Obispo, California 93406 Dear Mayor Schwartz: SAN LUIS OBISPO, CALIFORNIA 93406 CHURCH 543 -5451 December 1, 1975 Reference: Resolution 290Lt(1975 Series) The church recently received a copy of Resolution 2901(1975 Series) having to do with the proposed removal of certain drivew,# ramps and replacement with curbs, gutters and sidewalk improvements. Involved is a driveway ramp on the Osos Street side of the church's property. Our understanding is that the purpose of the city's program is to replace unused driveway ramps with additional street parking spaces. 1-k are supportive of the intent of this program but request a delay in the removal of the ramp to the church's parking lot. tie currently have leased a portion of the parking lot to the San Luis Medical Clinic which has resulted in our temporarily closing the Osos Street entrance/ exit to the lot. The lease has two years remaining. If it is renewed we would concur with the removal of the ramp. In the interim, we suggest that the limited amount of red paint on the ramp be removed and that the area be marked as a parking space..- Currently some members of the public do interpret it as a parking space: In addition, when Montessori School used church facilities they appar- ently requested the city to designate a Passenger Ioading Zone.on Marsh Street adjacent to the church's parking lot, Since the school is no longer using the facilities the zone could be removed and the space redesignated as metered parking. .Sincerely yours, tuKra RESOLUTION NO. 2900 (1975 Series) A RESOLUTION INCREASING THE 1975 -76 BUDGET: BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That Account No. 60 -11- 5701 -002., Recreation Temporary Salaries,. be increased by $3, 600.00 to take care of supervision at the Meadow Park community center building. On motion of Mayor Schwartz, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen. Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 13th day of October, 1975'. ATTEST d T-'�god 5 19AENDA ITEM # III�I I I I� m; ;1 I VIII j'lll "I ) APPROVED ( ) DENEED 'I�!Iillil��l�`III,Il11��� �' III���IIII�I��I�'I LI I,�li'iil�� h Cit of san tals.-Ceffl5po Y A u !-ml 111 100.1 won 1111-8 TO chard Miller DATE December 9, 1975 FROM Wayne Peterson _Abandonment of Portions of-Emily-and Haskins Street I have been in contact with the property owners regarding the abandonment.of portions of Emily and Haskins Streets and am requesting a continuation. WAP:js Attach. MEMORANDUM M M December 8, 1975 Honorable Mayor and Members of the City Council of San Luis Obispo, Ca. We respectfully request a continuation of action on the abandonment of portions of Emily and Haskins Streets, San Luis Obispo, seceduled for hearing Monday December 15 th. We are attempting to work out a satisfactory arrangement with Sears Roebuck and Co. Sincerely yours, Richard Investment Trust C� inten � ichard, Trustee B i V.Morf, T tee for Roger Morf >v /� r ' (� 1 7J o SAN LUIS C°:? CITY FAu!' SL=R i December 8, 1975 Honorable Mayor and Members of the City= Council of San Luis Obispo, Calif. We respectfully request.a continuation of action on the abandonment of portions of Emily and Haskins Streets., San Luis Obispo, California, scheduled for hearing on Monday, December 15, 1975. We are attempting to work out a satisfactory Arrangement with Sears Roebuck and Company. Thank you. AAV /ew Very t Arnold yours, olny, President p Improvement Center