HomeMy WebLinkAbout3200-3243RESOLUTION NO. 3243
(1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO REQUIRING SIDEWALK IMPROVEMENTS ON
PORTIONS OF VARIOUS STREETS IN THE CITY.
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1.. That the Council hereby preliminarily determines
that the public interest, necessity and convenience require.the
construction of curb, gutter, sidewalk and driveway ramp improve-
ments on those portions of street within the City of San.Luis
Obispo as set forth on Exhibit "A" attached hereto and incor-
porated herein by reference.
Section 2. That March 1; 1977, at 7:30 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.
Section 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.
On motion Of-, Councilman Norris , seconded by Councilman
Petterson , and on the following roll call vote:
FORM
2/3/77
R 3243
i
Resolution No. 3243 (1977 Series)
AYES: Councilmen Graham, Gurnee, Norris; Petterson .
and Mayor Schwartz
NOES: None
ABSENT: None.
the foregoing Resolution was passed and.adopted this 1st day
of February , 1977 .
ATTEST:
Approved as to form:
WENDT MITCHELL, SINSHEIMER,
de la MOTTE & LI�LEY
City Attorney
a
By Allen Grimes
FORM
2/3/77
Approved as to content:
City Administrative fficer
City ED:ttineer
Public Services Director
n�
V
]=BIT "At'
NOTE: C =
Curb S Gutter
S =
Sidewalk
R =
Driveway Ramp
ETROVa ENTS
OWNER
LOCATION
PARCEL NO.
REQUIRED. -
B.W.
P61in, Etal.
896 Mill (Morro St. side)
2- 303 -13
S
T.M.
& D.J. Hoffinan
761 Morro
2- 303 -20
S,
R '
A.E.
Storni,.Etal.
952 Mill (Morro St. side)
2- 312 -07
S
J.L.Silvaggio,
Etal.
760 Morro.also Peach
2- 31.2 -11;
S,
R
St: side
N.J.
5 L.H. Murphy
963 Peach St.
2= 312 -12
S
J.E.
& M.C. Hillard
902 Peach also Morro
2- 311 -15
Cl
S, R (2)
St. side
T.&
I.Kalmin
680 Morro
2- 311 -16
C,
S
O.B.
& A.R. Overall
671 Morro
2- 294 -09
Cr
Sr R
.J.E.
Main Estate
1010 Peach:(Osos St. side)2- 313 -10
C,
S
V.B.
Chaides
670 Osos St.
2- 313 -04
C,
S, R
D.M..
&`J. Norris
662 Osos St..
2- 313 -03
C,
S, R
G.J.
O'Hara
1023 -1025 Walnut
2- 313 705
C,
S, R
S.M.S. Canpany
2150 -2180 King St.
3- 739 -18
C,
S
RESOLUTION NO. 3242 (1977 Series)
A RESOLUTION OF INTENTION TO ABANDON A
PORTION OF ABBOTT STREET.
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. it is the intention of the City of San Luis
Obispo to abandon a portion of Abbott Street shown on the map
marked Exhibit "A" attached hereto and incorporated herein by
such reference, pursuant to Division 9, Part 3, Chapter 2 of
the Streets and Highways Code.
Section 2. Copies of the map and agreement showing the
particulars of the proposed abandonment are on file in the
Office of the City Clerk.
Section 3. The proposed abandonment is subject to the
reservation of the following utility'easements: which nowo.exist
in Abbott Street: electrical, gas and telephone..
Section 4. Tuesday, March 1; 1977, 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 abandon-
ment, which time is not less than fifteen (15) days from the
passage of this Resolution.
Section 5. This Resolution, together with the ayes and
noes, shall be published once.in full, at least three (3) days
before the public hearing on the proposed abandonment, in the
Telegram- Tribune, a newspaper published and circulated in this
City.
ktm 1/25/77 R 3242
Resolution No. 3242 (1977 Series)
Section 6. The City Engineer shall post at least three
(3) notices of the proposed abandonment along the portion of
the street proposed to be abandoned at least ten (10) days before
the date set for hearing in accordance with §8322 of the Streets
and Highways Code.
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 passed and adopted this 1st day
of February; 1977.
ATTEST:
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILAY
City Attorney
By Allen Grimes
ktm 1/25/77
Approved as to content:
City Administrative ficer
(d \l
/'Cit1��.
y "E gineer
J
Page 2
Q d o
LOOM /5 .. STREET - '
.5._ A116"AY to( _
Q AP560Ti ST..
� o
C� w Q
m hCf
OARREZ STREET
�0
PRopmfD A5oof75TREEr ADANDONMrNT.
EXHIBIT 11A
RESOLUTION NO. 3241 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING TENTATIVE APPROVAL OF PARCEL MAP
76 -513 (RAY C. SKINNER, APPLICANT; 1851 ROYAL WAY
AND 1320, 1340 & 1360 RUBIO LANE).
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1. This Council hereby makes the following findings concerning Parcel Map
76 -513 (Ray C. Skinner, applicant; 1851 Royal Way and 1320, 1340 & 1360
Rubio Lane):
a. The proposed parcel map and design are consistent with the General Plan.
b. The site is physically suited for the proposed type and density of develop -
-ment permitted by the R -1 zone.
c. The design is not likely to cause substantial environmental damage, or
cause serious public health problems.
d. The design of the proposed subdivision will not conflict with public ease-
ments for access through, or use of, proposed subdivision.
2. Tentative approval of Parcel Map 76 -513 is based upon the following condi-
tions:
a. All new.-.lot corners shall be staked by a registered civil engineer or
licensed surveyor.
b. Utility services shall be extended to each lot and shall be underground.
c. Subdivider shall dedicate and install full one half street improvements
across property frontages. Said improvements shall consist of curb, gutter,
sidewalk, base and paving. Engineering shall be conducted by a licensed
engineer and inspection fees shall be paid to compensate the City for
inspection expenses.
d. Subdivider shall obtain an easement and grade and provide erosion control
for remaining one half street to the approval of the City Engineer.
e. Final.map shall show a one foot reserve strip along entire half street
center line (with exception of a portion adjacent to Royal Way to accom-
modate existing adjacent development) to the approval of the City Engineer.
f. Street trees shall be installed to the approval of the Public Services
Department.
g. Subdivider shall install street lights to the approval of Pacific Gas &
Electric Company.
h. Fire hydrants shall be installed to the satisfaction of the City Fire
Department.
i. Subdivider shall submit to the City Engineer an engineered grading and
drainage plan showing lots 3 and 4 draining to Prefumo Creek. Final map
shall note that finish floor elevations shall be one foot above finish
pad elevations.
j. Subdivider shall pay in -lieu fees for park purposes prior to final map
approval, in the amount of $150.00 per lot.
k. Subdivider shall pay water acreage fees prior to final map approval.
1. Subdivider shall pay sewer fees in the amount of $26.86 prior to final
map approval.
R 3241
{ r
Resolution No. 3241 (1977 Series)
3. This Council hereby approves the tentative map for Parcel Map 76 -513.
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 passed.and adopted this
February , 1977.
ATTEST:
i I T / .i
. 9
i
Approved as to fo WEDT,
MITCHELL, SINSHEIME , DE LA
MOTTE & LILLEY, Cit Attorney
1st day of
Approved as to content:
I
City Administra
By Allen Grimes Community Development
RESOLUTION NO. 3240 (1977
A RESOLUTION OF THE COUNCIL OF THE CI'
OBISPO GRANTING TENTATIVE APPROVAL OF
76 -560 (CHESTER JOST, APPLICANT; 200,
MARGARITA AVENUE).
Series)
CY OF SAN LUIS
PARCEL MAP NO.
206 and 210
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1. This Council hereby makes the following findings concerning Parcel Map
76 -560 (Chester Jost, applicant; 200, 206 and 210 Margarita Avenue):
a. The proposed parcel map and design are consistent with the General
Plan.
b. The site is physically suited for the proposed type and density of
development permitted by the R -2 -S zone.
C. The design is not likely to cause substantial environmental damage,
or cause serious public health problems.
d. The design of the proposed subdivision will not conflict with public
easements for access through, or use of, property within the proposed
subdivision.
2. Tentative approval of Parcel Map 76 -560 is based upon the following condi-
tions:
a. All lot corners shall be staked by a registered civil engineer or
licensed surveyor.
b. Existing sewer easement on site shall be shown on the final parcel
map.
C. Street trees shall be installed on the Margarita Avenue frontage to
the approval of the Public Services Department.
d. The property line location between parcels A and B shall be approved by
the Community Development Director.�after the approval of a site and
development plan for the site by the Architectural Review Commission.
3. This Council hereby approves the tentative map for Parcel Map 76 -560.
On motion of Oouncilman Petterson , 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
1977.
ATTEST:
Approved as to fo • WENDT,
MITCHELL, SINSHE , DE LA
MOTTE & LILLEY, C y Attorney
By Allen Grimes
adopted this 1st day of February
Approved as to content:
D z)an
RESOLUTION NO. 3239
(1977 Series).
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN T.TTTS nRTSPn
URGING THE BOARD OF SUPERVISORS TO FAVORABLY CONSIDER REQUEST FOR
FUNDS BY LEGAL SERVICES CORPORATION.
WHEREAS, there are approximately 2.1,000 residents of San
Luis Obispo County who have income below the poverty level,
twenty percent of whom are senior citizens; and
WHEREAS, such persons are unable on their own to obtain
even minimal legal services in the civil courts, such as consumer,
employment, housing, social security and similar problems; and
WHEREAS, the County Board of Supervisors last year funded
the establishment and operation of the Legal Services Corporation
of San Luis Obispo:County to provide needed legal services for the
County's poor, with the expectation that future funding would be
obtained from other sources; and
WHEREAS the Legal Services Corporation.has during the past
demonstrated its capability to provide effective legal services
to the poor, with a record of service to more than 1,000 County
residents from all : areas of the County; and
WHEREAS, the anticipated funding from sources other than
the County has not yet materialized, but it is expected that
federal funding will become available if Legal Services Corpora-
tion can continue to operate and demonstrate its ability to pro-
vide legal services to the poor; and
-1
R 3239
Resolution No. 32!` }(1977 Series)
WHEREAS, the original funds for_the operation of the Legal
Services Corporation are nearly depleted, and needed legal ser-
vices for the poor will become generally unavailable unless
additional funds are obtained for the continued operation of
said Legal Services Corporation; and
WHEREAS, if this program of legal services to the poor is
terminated now, it will be difficult or even impossible to ini-
tiate a comparable program again; and
WHEREAS, the Legal Services Corporation has requested the
County Board of Supervisors to provide additional funding to
support said Legal Services Corporation until other- funding is
available, with the understanding that Legal Service Corporation
will continue to strive to obtain other funding; and
WHEREAS, this Council finds from the record presented by
Legal Services Corporation that its program is one which is worthy
of support by all residents of the County.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF. _SAN LUIS OBISPO AS FOLLOWS:
This Council supports the concept of governmental assistance
in providing legal services to the poor, and finds that the pro-
gram for such services conducted by the Legal Services Corporation
of San Luis Obispo County during the part year is effective and.
worthy of such assistance.
BE IT FURTHER RESOLVED that this Council supports the
request by Legal Services Corporation to the Board of Supervisors
for additional funding, and urges the Board-of Supervisors to
consider such request favorably.
- 2
Resolution No. 323f
,D (1977 Series)
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 passed and adopted this lst day
of February _ , 1977.
ATTEST:
Approved as to form:
WENDT, MITCHELL SINSHEIMER,
de la MOTTE & L LEY
City Attorney '�II
I
By Allen Grimes
Approved as to content:
City Administrative facer
c
RESOLUTION NO. 3238 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO ADOPTING THE URBAN
LAND USE ELEMENT OF THE GENERAL PLAN.
WHEREAS, pursuant to California Government Code §65302,
the City of San Luis Obispo.has prepared an Urban Land Use
Element of the General Plan; and
WHEREAS,.the Planning Commission held a public hearing
on April 13, 1976, to consider said Urban Land Use Element
and at the conclusion of said hearing approved and recommended
to this Council the adoption of said Urban Land Use Element of
the General Plan by-Planning Commission Resolution No. 920 -76;
and
WHEREAS, the City Council and Planning Commission held a
joint meeting on November 30,x1976, to discuss changes in the
Land Use Element recommended by the City Council; and
WHEREAS, the Planning Commission received a redrafted
text of the Land Use Element on December 8, 1976, and approved
said text at an adjourned meeting held December 15, 1976; and
WHEREAS, the City Council held a public hearing on
January 25, 1977, upon said Urban Land'Use Element of the General
Plan, notice of said hearing being given as required by law; and
WHEREAS, Council has read and considered the environmental
impact report for the Urban Land Use Element of the General Plan
and finds that said report contains the information required by
the California Environmental Quality Act, that such information
is accurate, and certifies that the environmental impact report
has been completed in compliance with the California Environmental
Quality Act and State Guidelines;
AG:ktm 1 /24/77 R 3238
Resolution No. 32
`7D (1977 Series)
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of San Luis Obispo as follows:
Section 1. The Urban Land Use Element of the General Plan,
a copy of which is on file in the Office of the Community Develop-
ment Department, is hereby adopted..
Section 2. Conflicting portions of the General Plan adopted by
Resolution No. 2411 (1973 Series) are hereby superseded.
Section 3. In accordance with the decision of O'Loane v.
O'Rourke (1965) 231 Cal App 3d 7741 42 Cal Rptr 283, this Resolution
shall not become effective until thirty (30) days after its adoption.
Section 4. The City Clerk shall cause this Resolution,
together with the ayes and noes, to be published once in full,
in the Telegram- Tribune,.a newspaper published and circulated
in said City, within five (5) days, but delays in publications,
or even failure to publish, shall not affect the validity of
this Resolution.
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: Councilman Gurnee
ABSENT: None
the foregoing Resolution was passed and adopted this 25th day
of January , 1977.
ATTEST:
!mil
AG:ktm 1/14/77 Page 2
Resolution No. 3238
Approved as to form:
WENDT, MITCHELL, F HEIMER,
de la MOTTE & LIL
City Attorney
By Allen Grimes
(1977 Series)
Approved as to content:
City Administrat a Officer
AG:ktm 1/14/77 Page 3.
RESOLUTION NO. 3237 (19 77 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO.APPROVING AN AGREEMENT
BETWEEN THE CITY AND BEDLO, INC.. FOR TOWING
SERVICES UNTIL JUNE 30, 1979.
BE IT RESOLVED by the Council of the City of San.Luis
Obispo as follows:
1. That certain agreement, a copy of which is on file in
the Office of the City Clerk,. between the City and.BEDLO, INC.,
dated February 10, 1977, for towing and disposal of abandoned vehicles
from February 10, 1977, through June 30, 1979,
is hereby approved and the Mayor is authorized to execute same.
2. The City Clerk shall furnish a copy of this Resolution
together with a copy of the agreement approved by it to:
Bedlo, Inca and the Chief of Police.
On motion of Councilman Petterson
Gurnee
, seconded by Councilman
, 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 18th day
o f January 19 77 .
ATTEST:
Voi�C erk
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
A Professiona] Corporation
City AttQrneyll
Approval as to content:.
ENDORSEMENTS('ON AGREEMENT.
By Allen Grimes
R 3237
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AGREEMENT
This Agreement, dated February 10; 1977, for.the convenience of the
parties, is by and between THE CITY OF SAN LUIS OBISPO, a municipal corpor-
ation, hereinafter referred to as "City ", and BEDLO, INC., 3045 Duncan Lane,
San Luis Obispo, CA 93401, hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS, the Contractor is willing to haul away and lawfully dispose
of any and all motor vehicles abandoned within.the City during the next
two and one -half fiscal years; and
WHEREAS, the City is desirous of having all of said abandoned motor
Vehicles regularly collected, hauled away and disposed of;
NOW, THEREFORE, the Contractor and City agree as follows:.
1. Contractor will furnish the necessary personnel and equipment
to pick up, tow away and lawfully dispose of all motor vehicles abandoned,
irrespective of value, in the City , as designated by.the Chief of Police
of said City. During the period of this contract, Contractor shall be
City's exclusive agent for disposal of such vehicles.
2; Contractor shall pay for the services of the drivers of the
tow trucks as well as the wages and salaries of all personnel otherwise
engaged in the services contemplated by this Agreement and shall bear all
expenses of maintenance and operation of the trucks and other required
equipment.
3. Contractor shall, during the performance of the work comtem-
plated by this Agreement, comply with.all applicable statutes of the State
of California and ordinance of the County and City of San Luis Obispo
including but not limited to.those provisions set forth in the State Motor
Vehicle and Labor Codes.
4. Contractor shall take out and maintain during the duration of
this Agreement, in addition to such other insurance as may be required
by law, a policy of comprehensive garage liability insurance, including
garage keeper's legal liability. Said insurance shall be in an amount
not less than $ 100, 000 /$300,000,public liability and not less than $25,000
ktm 2/1/77
�,'.� -{ � w�. ~�.ti +�-..� �l��iw.. �? � �"?.��� ..�:`hJI ..I�'f1.e i�� �i ` '"f...r..Tb�'Ar :n '�'1t... �'.. �.xio'7+" /�^Y�!M ^.a; r.... �,���.•,
for property damage. Concurrently with the execution of this agreement,
Contractor shall furnish the City a certificate evidencing all required
insurance coverage and naming the City of San Luis Obispo, its elective
and appointive boards, officers, agents, employees, and any subcontractors'
in-the performance of work for the City as additional named insured
parties. Said certificate shall also state that ten (10) days prior notice
shall be given to the City of any reduction in insurance coverage or of
cancellation of all or any portion of said insurance
5. It is understood and agreed that the City shall incur no charge
or expense for any abandoned motor vehicles picked up.and hauled away by
Contractor at the direction of the Chief of Police of said City or his
designated representative during the period of this Agreement.
6, In addition to such.other.records . as are required by law, the
Contractor must agree to keep in such form as the Chief of Police may
Prescribe, and written in ink or indelible pencil; a daily record of all
motor vehicles picked-up at the.direction of the City, an accurate
description.of each such vehicle and the time and place said vehicle was
picked up. The records shall at.all reasonable times be open to the in-
spection of any police official.or any person duly authorized in writing
for such purposes by the Chief of Police. Once each 'month, a copy of
the cumulative monthly record required to be kept for the City shall be
submitted to the City Clerk. Contractor shall also „include in such
record any payments made to Contractor by the owners of such towed vehicles.
Said towing charges to private parties reclaiming abandoned vehicles shall
be Eight Dollars ($8,.00) per vehicle.. Such abandoned vehicles shall also
be subject to a storage charge of One Dollar Fifty.Cents ($1:50) per day.
Said charges are to be made only to registered owners of vehicle upon
reclamation of vehicle.
7. This Agreement shall be in effect from.February 10, 1977, through
June 30, 1979. Neither this Agreement nor any part thereof may be assigned or
transferred without the approval of the City Council.
8. In the event that Contractor at any time.during the term of this
Agreement fails to carry out'the work that is to be performed in accordance with
the terms and conditions herein set forth, City may at its option terminate and
cancel this Agreement.
ktm 2/1/77 -2-
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9. For purposes of notice under this Agreement, all notices shall
be considered effective upon being sent by certified U. S. Mail to the
following addresses:
CITY: City Clerk
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93406
CONTRACTOR: Bedlo, Inc.
3045 Duncan Lane
San Luis Obispo, CA 93401
IN:WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
City /CTeakk
Approved as to form:
WENDT, MITCHELL, SI SHEIMER, de la
MOTTE $ LILLEY, Cit� Attorney
By Allen Grimes
ktm 2/1/77
CONTRACTOR: BEDLO, INC.
Title:
CITY OF SAN LUIS OBISPO .
Approved as to content:
City. Administrative ices
Chief o olice
� J
RESOLUTION NO. 3236 (1977 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING EQUIPMENT
REPLACEMENT FUND APPROPRIATION FOR THE 1976/77 FISCAL YEAR AND AUTHORIZING A
TRANSFER OF FUNDS.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the following
appropriation account is increased to provide additional funding necessary for
Police vehicle replacements.
Account No. Description Budget Amount
(80)41- 4050 -000 Police Vehicles $10,300. DR.
41- 0510 -000 Appropriations $10,300. CR.
41- 0600 -000 Unappropriated Balance $10,300. DR.
BE IT FURTHER RESOLVED that $5,050. be tranfered from the General Reserve account
to the equipment replacement fund to offset the deficit of "accumulated reserves
to actual replacement cost.
On motion of Councilman Norris , 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 18th day of January ,
1977.
ATTEST:
y ler ,
Approved as to form: Approved as to content:
WENDT, MITCHELL, SI HEIMER,
de la MOTTE $ LILLE
City Attorney
City Administrative 0 cer
By Allen Grimes
u ,
inance Di ecto
R 3236
w
l i
RESOLUTION NO. 3235(1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO RELATING TO INDEMNIFICATION
BY THE CITY FOR THE PAYMENT OF ANY JUDGMENT
WHICH MIGHT ARISE OUT OF THE BILODEAU LIT -_
IGATION (SUPERIOR COURT NO.. 46481).
WHEREAS, a claim was filed against the City of San Luis
Obispo and the Mayor and individual members of the City Council
on June 11, 1976, by Dorothy Bilodeau, Nadja Warden, Lew Warden,
Barbara Warden and Murray Warden; and
WHEREAS, on or about September 25, 1976, a First Amended
Complaint for damages was filed by said Complainants in the
Superior Court of San Luis Obispo County (No. 46481) against
the City of San Luis Obispo, Kenneth E. Schwartz, Jesse Norris,
Myron Graham, T. Keith Gurnee, and Steven A. Petterson; and
WHEREAS, the Sixth Cause of Action is founded upon the
Federal Civil Rights Act (42 U.S.C., §1983) and any potential
liability against individual members of the Council may not be
covered by the provisions of the City's liability insurance
policy; and
WHEREAS, §825 and 9 §995 et seq. of the Government Code
provide for the representation, defense,. and indemnification
of any judgment sustained against a public employee in his
individual capacity for any act or omission within the scope
of his employment provided he did not act or fail to act because
of actual fraud, corruption or malice.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of San Luis Obispo as follows:
AG:ktm 1/7/77 rev. R 32.35
Resolution No. 3235
(1977 Series)
Section 1. The alleged acts or omissions of each of the
aforesaid employees was within the scope of his employment, and
none of such employees acted or failed to act because of actual
fraud, corruption or actual malice.
Section 2. The City shall provide for the defense of the
above described civil action and shall defend each of such em-
ployees. Said defense shall be provided by the City's own
attorney or by employing other counsel.for this purpose. All
of the expenses of providing a defense pursuant to this Resolu-
tion are proper charges against the City and the City has no
right to recover such expenses from the employee or employees
defended.
Section 3. In the event that a claim or judgment results
from the above described litigation against any or all of the
above described employees, the City shall pay any judgment
based thereon or any compromise or settlement of claim or
action to which the City has agreed.
Section 4. In order to qualify for the protection afforded
by,this;Resolution,.eaeh employee shall reasonably .cooperate in
good faith in the defense of the above named action.
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
AG:ktm 1/7/77 rev. Page 2
n
Resolution No. 3235 (1977 Series)
the foregoing Resolution was passed and adopted this 18th day
of Janaury , 1977.
ATTEST:
i
Approved as.to form: Approved as to content:
WENDT, MITCHELL, kINSHEIMER,
de la MOTTE & LILIIEY
City Attorney
By Allen Grimes
City 1nistrativ fficer
AG:ktm 1 /7/77 rev. Page 3
C ID
RESOLUTION No. 3234(1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE 12/15/76 DRAFT
MEMORANDUM OF UNDERSTANDING - COMPREHENSIVE
TRANSPORTATION PLANNING, NONURBANIZED
REGIONAL PLANNING AGENCY.
WHEREAS, the San.Luis Obispo County Area Planning Council
acts as the Regional Transportation Planning -Agency for.the
County of San Luis Obispo; and
NOW,. THEREFORE, BE IT RESOLVED by the Council of the
City of San Luis Obispo as follows:
Section 1. This Council hereby approves the 12/15/76
draft MEMORANDUM OF UNDERSTANDING between the San Luis Obispo
County and Cities Area Planning Coordinating Council and the
State of California, Department of Transportation, setting
forth the responsibilities of the Area Planning Council as
the Regional Transportation Planning Agency for the County
of San Luis Obispo. A copy of said Memorandum of Understanding
is attached hereto marked Exhibit "A" and thereby incorporated
herein.
Section 2. The City Clerk is directed to forward a copy
of this Resolution to the San Luis Obispo County & Cities
Area Planning Coordinating Council and to the City Engineer.
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 18th day
ktm 1/12/77
Resolution No. 3234
Of January 1 1977•.
ATTEST:
i
Approved as to form:
WENDT, MITCHELL SINSHEIMER,
de la MOTTE & L LLEY
City Attorney
By Allen Grimes
t�
(1977
Series)
Approved as to content:
City A inistrat Officer
ktm 1/12/77 Page 2
.. i.. :', I',... •. i.: .. .....',.I i i'..L.�I• :•..:II .,:�I I'.. ICI .I, I:.'l l!'',I �i'�li �iu'. r'�� .� :i �i•:,I 1.4'�.'ll, I.
THE R' TA FOR SAN I U1S 013ISPO COUNI"Y. REV1EhED A�� AJTROVED BY TTAC 12/15/76. _
M13,10R =1M1IN OF [IM)ERSTANDING
C(}`[PRI.-IENSWE TR.A.rNSPORT'ATIONI PLANNING
*NONURBAINIZED RI:GIONU TRANSPORTATIOr`J PLANNING AGENCY.
This Memorandum of Understanding is entered into he the San Luis Obispo County
and Cities Area Planning Coordinating Council, the designated Regional Trans-
portation Planning Agency and the State of California, acting by and through
the Dcpartment.of Transportation; both referred to herein as Parties.
ARTICLE I
RECITALS
Chapter 2.5 (Commencing with Section 65050) of T.i.tle 7 of the Government Code
requires each Regional Transportation Planning Agency to prepare or have pre-
pared a proposed regiional transportation plan to be submitted to the governing
body of the Regional Transportation Planning Agency for adoption and submittal
to the California Department of Transportation, and to. continually update the
proposed transportation plan.
TIIEREFORvE•, the Parties' agree as follows:
ARTICLE LI
COOPERATIVT- AMANGIT1EbIFS
1. The Parties shall provide organizational
ing the general requirements of Chapter
of Title 7 of the Goveriunent Code. As a
Transportation Planning Agency will csta
Commmittee and a Transportation Technical
And working arrangements for meet -
2.S (Commencing with Section 65000)
minimum it is agreed the Regional
Kish and maintain a Policy Advisory
Advisory Committee.
Ito Policy Advisor;- Committee shall consist of the members of the Trans-
portation Planning Agency with the California Director of T'rans.,ortation
(or designated alternate) as an ex- officio (non- voting) member.
The Policy Advisory Conunittce shall be advisory to the Regional Transport-
ation Planning Agency on all matters relating to the regional transportation
planning process and to the development of a regional transportation plan.
The object of the Transportation Technical Advisory Committee (TTAC) is to
represent the planning and engineering areas of each public agency involved
in the transportation planning process. Ito Transportation Technical Advisory
Committee shall consist of voting mcmhers. appointed by the Transportation
Planning Agency and will include the Director,of Public Wcirks /City Engineer
and Director of Planning /Coiiinrnr.ity Development Director, or .their equivalents
of each city and county included in the area served by the Regional Transpor-
tation Planning Agency, the Transportation Planner and Transportation Studies
Engineer from the State of California, Department of Transportation, District
5, the County Airports hhnagcr, the City of Paso Robles Airport 1 eager, the
Port San Luis harbor blaster, the Head of the California,Polytechnic State Uni-
versity Transportation Engineering Department and the manager of the countywide
Transit District (when formed).
Arry City or County that. does not have a tcchnictil,ly qualified alternate of
Director of Public Works, City 1'.n,incer, Director of Plaruring /Cornrnunity Develop -
mcnt. Director or their equivalent, may recommend any person they feel best
qualified to represent thcr.r agency.
*1N'0NURhANiZEIi TRANSPORTATION PLANNING AMfNCY is defined as a TPA which is
not. conducting an urh,.rltiZCd area trarispor-Ultion study under the 5C process.
A quorum shall consist of representation from a majority of the designated
voting agencies. Additional ex- officio (non - voting) members generally in-
eluding persons concerned apd involved in transportation, such as law enfor-
cement agencies, utilities, private transportation operators, etc.,; may
also be appointed to the TTAC by the Regional Transportation Planning Agency.
The Transportation Technical Advisory Conmtittce.shal.l assist in the pre-
paration and maintenance of.the regional transportation plan and be advisory
to the Policy Advisory Committee on alt matters relating to the regional
transportation plan. Any voting member of the Transportation Technical
Advisory Committee may designate an alternate from their technical discipline.
(Planning, engineering, airports, harbors, transit, etc.)
2. 'lire Parties shall establish a Transportation Planning Work Program which :Ful-
fills the requirements of this Article.
The Transportation Plaruri.ng Work Program shall include all matters required
by law; including, but not limited to, the items referred to in Sections
6SOSl and 6SO82 of the Government Code. It should fulfill the require-
ments of 'comprehensiveness' which are based on logical sequences in timing
of program elements, and which make effective and coordinated use of staffing
and financial resources of the Parties_
The Work Program shall be established as follows: .
a. An Annual Transportation Planning Work Program will be developed
in accordance with guidelines issued by the State arid submitted to
the State Department of Transportation prior to January 1 of each
year.
b. The Transportation Planning Work Program Puy be modified, altered,
revised, or expanded at any other time as the Parties may determine.
ARTICLE ill
REPORTS, RECORDS AND AUDITS
I. The Regional Transportation Planning Agency shall establish and maintain
accounting and reporting procedures that con.forin to uniform standards
established by the California Departnentof Transportation. Reports shall
include work plans, current year budget - financial plans and reports of
acccinpl ishnrcnts .
2. All fiscal and.accounting records and
maintained for a minimum of four years
year of expenditure and t.iritil an audit
of Transportation. The Department may
formance audits.
Dthcr.supporting papers shall be
following the close of the fiscal
has been performed by the Department
perform fiscal,.conrpliance and.per-
. AI:TICLF. IV
GENERAL PROVISIONS
I. Neither Party.shall be obligated for the expenditure of funds except as
required by law, until such tims as the annual transportation planning
work program is adopted by the Regional Transportation Plaruling Agency
and approved by the State Department of Transportation. Generally, it is
anticipated that the State will agree to participate in all.transportation
planning and related work.
2. It is not the intent of this :` ?emoranduin that either of the Parties shall
assume responsibility for any phase of planning for tho other Party, but
a•ather that the planning oC,thc Parties shall be property coordinated to
the maximum mutual heneFit.
3. 1h is k;emoranduni constitutes on expression of desire for and a means of
accomplishing the general requirements for a comprehensive tt-anspor-
tation planning process in the area served by the Regional Transportation
Planning Agency and may be modified, altered, revised or expended as
deemed appropriate to that end by written agreement of the Parties..
IN W'ITMESS 1',HERFOF7 the Parties hereto have caused this Memorandwn of Under-
standing to be executed by their respective officers, duly authorized.
San Luis Obispo County y Cities
Area Planning Coordinating Council
President
DATE:
Approved.as to fona and legal effect
Robert N. Tait, District Attorney
San Luis Obispo County
DATE:
BY
Deputy District Attorney
FAP.F�1
v
State of California
Department of Transportation
Director of .Transportation .
DATE:
Approved as to form and procedure:
Attorney for State of California
APPROVAL RECC(,h%T,\DED:
District Director o .Transportati(.
C
RESOLUTION NO. 3233 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE:CITY OF
SAN LUIS OBISPO AUTHORIZING AND DIRECTING
THE CHIEF OF POLICE TO EXECUTE TRAINING
AGREEMENTS BETWEEN THE POLICE DEPARTMENT
OF THE CITY OF SAN LUIS OBISPO AND THE
STATE OF CALIFORNIA, DEPARTMENT OF
CALIFORNIA HIGHWAY PATROL.
WHEREAS, the State of California, Department of California
Highway Patrol requires written training agreements from any
agency participating in their training programs; and
WHEREAS, the Police Department of the City of San Luis
Obispo desires from time to time to participate in certain
training programs sponsored and administered by the Department
of California Highway Patrol; and
WHEREAS, resolution of the San Luis Obispo City Council
is required for the 1976/77 and 1977/78 fiscal years;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of San Luis Obispo as follows:
Section 1. That the Chief of Police is authorized and
directed to sign such training agreements when required for the
fiscal years 1976/77 and 1977/78.
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
ktm 1/12/77 R 3233
Resolution No. 3233
(1977 Series)
the foregoing Resolution was passed and adopted this 18th day
of January , 1977.
ATTEST:
Approved as to fo
WENDT, MITCHELL, S
de la MOTTE & LILL_
City Attorney
y Aiien
IMER,
Approved as to content:
City AdministratiVNOfficer
I!_ I.t �""� .
Chief o Police -
ktm 1/12/77 1 Page 2
RESOLUTION NO. 3232 (1977 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
THE APPROPRIATION OF FUNDS RECEIVED UNDER THE FEDERAL ANTIRECESSION
ASSISTANCE ACT.
BE IT RESOLVED by the Council of the City of San Luis Obispo that
the following appropriations of Federal Antirecession Assistance
Funds are authorized to maintain basic services and levels of
public employment:
Account Description
60- 3623 -484 Antirecession Assistance Program
1st Allocation (FA01)
Dept.
MY. City Clerk
(30) Personnel
(40) Community Development (Planning)
(50) Public Services (Paint Program)
(80) Police Department
60- 1437 -010 Antirecession Assistance Revenue
Budget
$6,186
1,314
4,928
6,094
5,244
$23,766. DR
$23,766. CR
On motion of Councilman Pettersor� seconded by Councilman Graham
and on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
R 3232
Resolution No. 3232
(1977 Series)
the foregoing Resolution was passed and adopted this 18th day of January ,
1977.
ATTEST:
AM
y
Approved as to form:
WENDT, MITCHELL, SI SHEIMER,
de la MOTT f LILLEY
City Attorney
By Allen Grimes
Approved as to content:
City-Administrative Wicer
finance ctor
BUDGET ESTIMATE
FEDERAL ANTIRECESSION ASSISTANCE
1ST ALLOCATION
DEPT.
20
CITY CLERK
Employee Services
Salaries
$4,320
Retirement
533
Health
13
Compensation
330
$5,196
Equipment
Typewriter
705
Desk
212
Typewriter Unit
53
State Serv. Chg.
20
990
$6,186
30
PERSONNEL
Employee Services
"CETA"
Equipment
Typewriter
$ 705
Desk
212
Typewriter Unit
53
File Cabinet
138
Office Chairs
146
State Serv. Chg.
60
1,3.14
1,314
40
COMMUNITY DEVELOPMENT (PLANNING)
Employee Services
Salaries (Temp.) 600 hrs. @ 7.00
4,200
Cbmpensation'Insurance
23
4,223
Equipment
Typewriter
705
4,928
50
PUBLIC SERVICES (PAINT PROGRAM)
Employee Services
Salaries
5,064
Retirement
625
Health Insurance
330
Compensation Insurance
15
Uniform
60
6,094
6,094
80
POLICE DEPARTMENT
Employee Services
Salaries
4,212
Retirement
520
Health Insurance
390
Compensation Insurance
13
Uniform
109
5,244.
5,244
TOTAL 1ST ALLOCATION
23,766
C
RESOLUTION NO.. 3231 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO AUTHORIZING AMENDMENT
TO SANTA ROSA PARK PROJECT NO. 40 -0004,
STATE BEACH, PARK, RECREATIONAL AND
HISTORICAL FACILITIES BOND ACT OF 1974.
WHEREAS, Resolution No.. 2778 (1975 Series) authorizing
application and /or agreeing to the terms of the project agree-
ment for the subject project was adopted on the 21st day of
April, 1975; and
WHEREAS, it is desired to amend the project agreement
as follows:
PROJECT AMENDMENT NO. 40- 0004.1
From: This project consists of the acquisition of 27,000 square
feet of private land contiguous to the 11.2 acre Santa
Rosa. Park in the City of San Luis Obispo, California.
To: This project consists of the acquisition of 13,065 square
feet of private land contiguous to the 11.2 acre Santa
Rosa Park in the City of San Luis Obispo, California.
NOW, THEREFORE, BE IT RESOLVED that the amendment to the
project agreement between the State and the City of San Luis
Obispo is approved.
BE IT FURTHER RESOLVED that Mayor Kenneth E. Schwartz
is authorized to sign said agreement.
On motion of Councilman Petterson, seconded by Councilman
Graham , and on the following roll call vote:
WEF:ktm 1/6/77 R 3231
i�
Resolution No. 3231
(1977 Series)
AYES: Councilmen Graham, Gurnee, Norris, Petterson,
and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 18th
day of January ', 1977.
ATTEST:
Y rk
Approved as to form:
WENDT, MITCHELL SINSHEIMER,
de la MOTTE & L_ I:LEY
City Attorney
By Allen Grimes
Approved as to content:
Cited n strativ Officer
Speci Projects Man ger
WEF:ktm 1/6/77 Page 2
aiaEe of uamornia — I r,e hesourCes Agency
DEPARTMENT OF PARKS AND RECREATION
�.aDMENT TO PROJECT AGREEMEN -t'
State Beach, Park, Recreational and Historical Facilities Bond Act of 1974
Project Amendment No. 40- 0004.1
THIS AMENDMENT to Project Agreement No. 0-0004 is hereby made and agreed upon by the State of
California, acting through the Director of the Department of Parks and Recreation and by the City of
San Lois Obispo , pursuant to the State Beach, Park, Recreational and Historical
Facilities Bond Act of 1974, Chapter 1.67, Division 5 of the Public Resources Code.
The State and the Applicant, in mutual consideration of the promises made herein and in the agreement in which
this is an amendment, do promise as follows:
That the above- mentioned agreement is amended by:
Changing the description of project
From:
To:
This project consists of the acquisition of 27,000 square feet of
private land contiguous to the 11.2 acre Santa Rosa Park in the
City of San Luis Obispo, California.
This project consists of the acquisition of 13,065 square feet of
private land contiguous to the 11.2 acre Santa Rosa Park in the
City of San Luis Obispo, California.
Original Appropriation 390 (263)
Original Contract No. 30 -22 -090
In all other respects the agreement of which this is an amendment, and the plans and specifications if relevant thereto,
shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date
entered below.
STATE DEPARTMENT OF PARKS AND RECREATION
t CITY OFF, SAN- L'UIS_OBISPO
By
Applicant's Authorized Representative as shown in
Resolution
Date January 19, 1977
DPRT342T3/76)
t Clerk
Project Amendment No. 40- 0004.1
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
t
By Allen Grimes
WEF:ktm 1/6/77
C`1
Approved as to content:
A
City Administra `ve officer
r
Special Projects Man ger
I
�A -
RESO JON NO. 3230 (1977 Series) �r
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING TENTATIVE APPROVAL OF TRACT NO. 623, LOCATED AT
1626 BROAD STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION_ 1. That the Council, after consideration of the tentative map of Tract 623
and the Planning Commission staff recommendations and reports thereon,
makes the following findings:
1. The tentative map is consistent with the General Plan.
2. The design and improvements of the proposed subdivision are consistent
with the General Plan.
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the proposed density of development.
5. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
6. The design of the subdivision or the type of improvements are not likely
to cause.public. health problems.
7. The design of the subdivision or the type of improvements will not conflict
with easements, for access through or use of property within the proposed
subdivision.
SECTION 2. That the tentative map for.Tract 623 be approved subject to the following
conditions:
1. The project shall receive approval of the Architectural Review Commission.
2. The Covenants, Conditions and Restrictions (CC &R's) shall be subject to the
approval of the City Attorney prior to final tract map approval. The CC &R's
shall include the following provisions:
a. If the Homeowners Association fails to provide adequate maintenance
to insure the common area is kept in an orderly manner and that all
plant materials contained therein are alive and healthy, the City
shall,..upon notification, assume maintenance responsibilities for
the common area and assess the Association for all costs incurred.
b. Parking shall be allowed in designated spaces only and shall provide
a "towaway upon complaint" provision.
c. The parking of recreational vehicles, boats, campers, motor homes,
or storage of other vehicles:shall not be permitted except in desig-
nated spaces approved by the ARC as part of its final review.
3. The sidewalks on street frontages shall be repaired to the satisfaction
of the Public Services Department.
4. The sewer mains can be either City mains or private lines maintained by
the Homeowners Association: If the subdivider opts for City maintained
lines, plans for the lines, cleanouts and manholes;_ where they connect
to the street mains, shall be submitted for design approval by the City
Engineer. A utility service /maintenance easement shall also be provided
subject to the approval of the City Engineer.
5. The subdivider shall submit afire safety plan, subject to approval by
the City's Fire Marshal, including, but not limited to: schedule for
unit construction, fire extinguisher placement of the project, and drive-
way widths and location as they relate to fire safety.
6. All on -site utility service shall be underground (including the existing
Above ground lines).
R 3230
Council Resolution No.( 30
Page 2
Tract 623.
7. The subdivider shall submit a precise site grading plan approvable by
the City Engineer indicating but not limited to: maximum cut and fill,
quality to be.moved, slope banks and erosion control.
8. A..10 ft. wide easement shall be provided over the existing 4 x 4 box
culvert with no building to be constructed within the easement.
9. The 100 year storm level shall be indicated on the final tract map.
The site area subject to innundation shall be defined and enclosed in
an easement. The final tract map shall indicate that the City's respon-
sibility in this easement shall be for access and /or maintenance of a
clear waterway only.
10. Park in lieu fees of $150.00 per unit will be required with no credit
towards the.construction tax. This shall be noted on the final tract map.
11. Water acreage fees will be paid prior to final tract map approval.
12. The subdivider shall provide street trees at a ratio of one (1) tree:
per 40 lineal foot of street frontage. Such trees shall be indicated
on the precise landscape plan, installed prior to occupancy of any
structure and guaranteed for one year from issuance of the last certi-
ficate of occupancy.
13. The subdivider shall submit and have approved a project addressing- system.
s
14. The ubdivider shall offer e _to dedicat to the City_ an additional ten (10)
feet of Broad Street frontage for street widening purposes.
15. All conditions -shall be met prior to final map approval.
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
ATTEST:
C erk
Approved as to f
Wendt, Mitchell,
de la Motte & Li
City Attorney
rev. 1/12/77 ktm
this 18th day of January._, 1977.
Approved as to content:
RESOLUTION NO. 3229 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING FINAL PARCEL MAP
NO. S.L.O. 76- 243.(Elbert Gifford, Applicant;
Location: Phillips Lane and California Blvd.)
AND ACCEPTING THE OFFER OF DEDICATION OF
STREET RIGHT OF WAY FOR PHILLIPS LANE.
WHEREAS, the following findings regarding the subject
final map were made in conformity with the State Subdivision
Map Act:
1. The map and subdivision design are consistent with
the adopted General Plan..
2. The map promotes a development type and residential
density which are suitable for the physical characteristics of
the site.
3. The subdivision design and related improvements will
not cause substantial environmental damage nor would they be
injurious to fish or wildlife or their habitat.
4. The subdivision design and related improvements will
not be likely to cause serious public health problems.
5. The subdivision and related improvements will not
conflict with any public easements for access through or use
of the subject property.
6. The following conditions were set by the Council at
their meeting of August 19, 1976 for approval of Parcel Map No.
76 -243:
(1) Topographic map submitted as part of application
shall be accepted for the land division only and is not accept -
able for development of the site. (Final parcel map shall be so
noted.)
(2)' Each parcel shall be served by City sewer-. A 10
foot sewer easement shall be shown on final map along entire north-
westerly property line of Parcel 2 to serve Parcel 1.
R 1 iiiQ
Final Parcel Map 76 -243 Resolution No. 3229
(3) All lot.corners shall be staked by a registered
civil engineer or licensed surveyor.
(4) Curb, gutter and necessary street pave -out shall
be installed on Phillips Lane to City standards and approval
prior to recordation of the final map.
(5) The applicant shall dedicate to the City and in-
stall improvements to accommodate one -half of a 50 -foot radius
cul -de -sac at the end of Phillips Lane to the approval of the
City Engineer.
(6) Street trees shall be installed on all street
frontages (except Phillips Lane) per Public Services Department
approval, prior to recordation of the final map.
(7) Installation of sidewalk and of street trees on
Phillips Lane may be deferred until development occurs.
At this time conditions 4, 5 & 6 have not been met, but
Mr. Elbert Gifford did assign and transfer unto the City, Passbook
Number 613 -2049 in the amount of $3,874.07 issued by the Bank of
America. Upon completion of conditions 4, 5 & 6, the City shall
cause said passbook of deposit to be reassigned to Mr. Elbert
Gifford.
I
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of San Luis Obispo that Parcel Map No. S.L.O. 76 -243, be given
final approval and that the offer of dedication of street right
of way for Phillips Lane be accepted.
Final Parcel Map 76 -243.. Resolution No. 3229
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 18th day
of January 1977..
ATTEST:
y erk
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LIL Y
._ City Attorney
Approved'as to content:
City Administrative 'Officer-
By Allen Grimes
1C1-ty En g eer.
y
�`=�_l
b �
���73
_� a�3
� V �v
� .� � 4r
.i 1
I
RESOLUTION NO. 3228 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO AMENDING THE ENVIRONMENTAL
IMPACT PROCEDURES AND GUIDELINES DATED
OCTOBER, 1975, ADOPTED BY RESOLUTION NO.
2925.
WHEREAS, the City of San Luis Obispo has received notice
that the State of California has amended its Environmental Im-
pact Guidelines effective January 1, 1977; and
WHEREAS, it is the intention of this City to conform to
the guidelines recommended by the State of California;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of San Luis Obispo as follows:
Section 1. The amended Environmental Impact Procedures
and Guidelines, dated January 1977, a copy of
which is attached hereto, marked Exhibit "A" and thereby in-
corporated herein, are hereby approved and adopted. Copies
of said Procedures and Guidelines shall be maintained on file
in the Office of the Community Development Department for
public inspection.
Section 2. The Environmental Impact Procedures and
Guidelines dated October 1975, and adopted by Resolution No.
2925 (1975 Series) are hereby superseded.
Section 3. Copies of the 1977 Environmental Impact
Procedures and Guidelines shall be provided to the City- County
Library, the County of San Luis Obispo Planning Department, and
other public agencies as deemed appropriate by the Director of
the Community Development Department.
TS:ktm 1/12/77 R 3228
(7'
Resolution No. 3228
(1977 Series)
On motion of Councilman Graham . Mayor by Mayor
Schwartz , and on the following roll call vote:
AYES: Councilmen Graham, Norris,.Petterson and Mayor
Schwartz
NOES: None
ABSENT: Councilman Gurnee
the foregoing Resolution is passed and adopted this 18t1! day
of January , 1977..
ATTEST:
i
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEINE R,
de la MOTTE & LTLLEY
City Attorney A
City Administrative Officer
By Allen Grimes
TS:ktm 1/12/77
Page 2
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEINE R,
de la MOTTE & LTLLEY
City Attorney A
City Administrative Officer
By Allen Grimes
TS:ktm 1/12/77
Page 2
C �
RESOLUTION NO. 3227 (1977 . Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO AUTHORIZING A $500
GRANT TO SUPPORT THE SENIOR VAN PROGRAM.
WHEREAS, the Area Planning Council has requested City
support of the Senior Van Program; and
WHEREAS, only one of the thirteen buses in the program
operates within the City of San Luis Obispo and 1/13 of the
operating cost of the program is $500;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of San Luis Obispo as follows:
Section 1. This Council hereby authorizes a grant of
$500 to the Area Planning Council in support of the Senior
Van Program to assist with operation of the Grass Roots van
serving senior citizens within the City for six month period.
Section 2. The City Clerk is directed to forward a copy
of this Resolution to the Area Planning Council.
Section 3. The Finance Director is directed to issue
a warrant in the amount of $500 to the Area Planning Council.
On motion of Councilman Gurnee, seconded by Mayor- Schwartz,
and on the following roll call vote:
AYES: Councilman Graham, Gurnee, Norris, Petterson
and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 18th day
of January, 1977.
ATTEST:
.M JLL
Resolution No. 3227
Approved as to form:
G
(1977 Series)
Approved as to content:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLY
City Attorney
City Administrative ficer
en Grimes
Public Services Director
c�/
Director o i nce
C
RESOLUTION NO. 3226 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBIAPO ESTABLISHING FARES:'
FOR THE CIT.Y'S PUBLIC TRANSPORTATION
SYSTEM.
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. Effective April 1, 1977, fares for public
transit within the City of San Luis Obispo shall be as follows:
Per ride: Thirty -five cents (35¢)
Daily pass: Seventy -five cents (75¢)
Monthly pass: Twelve dollars fifty cents ($12.50)
Section 2. This Council agrees to continue.previous policy
allowing a twenty percent (20 %) discount on a token purchase in
excess of $100.00.
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 passed and adopted this 18th day
of January, 1977.
ATTEST:
R 3226
C
Resolution No. 3226
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
BY Allen Grimes.
(1977 Series)
Approved as.to content:
City Administrative -ficer
Public Services Director.
Dir"orCef e
RESOLUTION NO. 3225 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO APPROVING AN AGREEMENT
BETWEEN THE CITY AND SAN LUIS TRANSPORTATION COMPANY
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. That certain agreement, a copy of which is on file in
the Office of the City Clerk, between the City and San Luis
Transportation Company, for public transit for the period of April 1, 1977
to March 31, 1979,
is hereby approved and the Mayor is authorized to execute same.
2. The City Clerk shall furnish a copy of this Resolution
together with a copy of the agreement approved by it to:
San Luis Transportation Company and the Director.of Public Services
On motion of Councilman Norris 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 18th day
of January , 1977.
ATTEST:
C erk
Approved as to form:
WENDT, MITCHELL; S NSHEIMER,
DE LA MOTTE & LILL Y, INC.
City Attorney
By Allen Grimes
RESOLUTION NO. 3224 (1977 Series)
A RESOLUTION OF.THE COUNCIL OF THE :CITY OF
SAN LUIS OBISPO APPROVING AGREEMENTS BETWEEN
THE CITY AND BKB ASSOCIATES (BURKE- KUTTLER-
BEGUELIN) `.r RELATED TO CONSTRUCTION OF A
RACQUETBALL /HANDBALL FACILITY.
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. That certain-agreements, copies of which are
on file in the Office of "the City Clerk, between the City and
BKB Associates (William F. Burke, Dennis Kuttler,•and Richard H.
Beguelin) for construction of`a racquetball /Ihandball facility
on City owned - property are hereby approved and the Mayor is
authorized to execute same.
Section 2. The City Clerk shall furnish ,a copy of this
Resolution together with copies of the agreements approved by
it to: BKB Associates, Parks & Recreation Department and the
Special Projects Manager.
On motion of Councilman (,urnee 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 18th day
of ,Tanuary 1977.
ATTEST:
R.Ityo Clerk
R 3224
Approved as to form:
WENDT,'MITCHELL, SINSHEIMER,.
de la MOTTE & LZLLEY
City Attorney
By Mitchell -
Approved as to content:
City Administrate Officer
Sp . .rojects Man Ater
On motion of Councilman Gurnee, seconded by Councilman
Petterson, and on the following roll call vote, the Council
approved amendments-to agreement at ;their March 1, 1977
Meeting.
,Ayes.
Noes:
Absent:
ATTEST:
y Clerk
Councilmen Graham,•�;urnee, Petterson and
Mayor Schwartz
Councilman Norris
None
RESOLUTION NO. 3223 (19 77 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO APPROVING AN AGREEMENT
BETWEEN THE CITY AND SAN LUIS GARBAGE
COMPANY FOR BILLING AND COLLECTION
SERVICES.
BE IT RESOLVED by the Council of the City of San.Luis
Obispo as follows:
1. That certain agreement, a copy of which is on file in
the Office of the City Clerk, between the City and San Luis
Garbage Company for billing and collection services, a copy
of which is.attached marked Exhibit "A" and shall.become
effective March 1, 1977,
is hereby approved and the Mayor is authorized to execute same.
2. The City Clerk shall furnish a copy of this Resolution
together with a copy of the agreement approved by it to:
San Luis Garbage Company and the City Finance Department.
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 18th day
of January , 1,977 .
ATTEST:
y
-Clerk --
Anproved as to form.:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
A Professional Corporation
City Attorney
k
By Allen Grimes
Approval as to content:
Endorsement on agreement.
R 3223
e
l
BILLING AND COLLECTION CONTRACT
THIS AGREEMENT, made. and entered into this 18th day of
January , 19 77, by and between the CITY OF SAN LUIS OBISPO,
a municipal corporation of the State of California, hereinafter
designated as "City ", and SAN LUIS GARBAGE COMPANY, a California
corporation, hereinafter designated as "Company."
WITNESSETH:
In accordance with the provisions of Paragraph 20 of the
Solid Waste Franchise executed simultaneously herewith, City hereby
agrees to provide billing and collection service to Company for
residential customers who are subject to the compulsory collection
requirements of the Municipal Code. As consideration, Company agrees
to reimburse City one and one -half per cent (1.5%) of all such gross
collections.
The effective date of this contract shall be the 1st day of
March 19 77
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be duly executed in duplicate.
ATTEST:
C' Clerk
Approved as to fLAttorney
MITCHELL, SINSHE
MOTTE & LILLEY,
By
Allen Grimes
SAN LUIS GARBAGE COMPANY,
A California Corporation
President`
Secretary
Approved as to content:
i
City Administrative fficer
Q.
Fin ndie e for
E F1,11 IT A
RESOLUTION NO. 3222 (1976 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO PROHIBITING PARKING ON THE
NORTH AND SOUTH SIDES OF PISMO STREET FOR
A DISTANCE OF 60 FEET EASTERLY FROM THE
EASTERLY SIDE OF NIPOMO STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Parking is hereby prohibited on the north and south sides of Pismo
Street, beginning at the easterly side of Nipomo Street and continuing hence
sixty feet (601) easterly.
On motion of Councilman Norris , seconded by Councilman Gurnee ,
and on the following roll call vote:
AYES: Councilmen Gurnee, Norris, Petterson and Mayor Schwartz
NOES: Councilman Graham
ABSENT: None
the foregoing Resolution was passed and adopted this 18th day of January ,
1977.
ATTEST:
Approved as to form:
DAVIS, WENDT, MITCH L &
SINSHEIMER, City At rney
Approved as to content:
f v City Administrative Of 'cer
By Allen Grimes
kAjo--r�Q-�
C ty Engri er
j? 2.z .7 z
3ecording Requested By: ^ 014854127E WONDER
,ITT OF SAN LUIS OBISPO
..�
dhen recorded please return to:
CITY CIXWS OFFICE
1-ity of San Luis Obispo RESOLUTION NO. 3221 (1977 Series)
P.O. Box 321
{aa Luis Obispo, CA 93401 A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO FINDING AND DETERMINING THAT
A.PORT.ION OF SWEENEY LANE IS UNNECESSARY FOR
PRESENT OR PROSPECTIVE STREET PURPOSES AND
ORDERING THE ABANDONMENT OF SAME.
" 4525
DOC. NO.L
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAL
JAN:271977
MMPARFO
WILLIAM E. ZIMARIK
COUNTY RECORDER
TIME 2 40 PM
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section .1. In._accordance with the:public.hearing duly
held on January 18, 1977, pursuant to Division 9, Part 3.,
Chapter 2 of the California Streets and Highways Code, this
Council finds and determines that the portion of Sweeney Lane
shown on the map marked Exhibit "A ", attached hereto and
thereby incorporated herein, is not necessary for present or
prospective street purposes for the following reasons:
a. The street is a� "dead end" street located
southwesterly of Rockview Place.
b. This section of street is unimproved and the
slope at the southwesterly end becomes very steep.
c. No utilities exist in the right of way.
d. The two lots of record have frontage on
Rockview Place.
e. No development is proposed on the adjacent
properties at this time.
Section 2. This Council hereby orders the abandonment
of said section of Sweeney Lane.
Section 3. The City Clerk shall cause a certified copy
of this Order of Abandonment, duly attested under the seal of
the City to be recorded in the Office`.of the!Recorder of the
County of San Luis Obispo.
ktm 1/12/77 R 3221 r,
Resolution No. 3221
On motion of Councilman Gurnee
(1977 Series)
, 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 18th day
of January . 1977.
ATTEST:
y C _,erk
Approved as to form:
WENDT, MITCHEL , SINSHEIMER,
de la MOTTE & L EY
City Attorney,-
Approved as to content:
City AdministrativN0 fficer
_1
By Allen Grimes
'City ngineeer
ktm 1/12/77
ow
[VOLIU02 PACE 679
Page 2
a �
s'
EXHIBIT "A"
Description:
That portion of Sweeney Lane lying southwesterly of the
Southerly property line of Rockview Place.
4a
END OF WCUMENT
t)KOAP 5r.
W
uJl
J
Q
L1.
i:C.cj.VIF_W PLACE
r
LLJ
V0
north
® AREA .
A6ANDONEP
EXHIBIT "A"
Description:
That portion of Sweeney Lane lying southwesterly of the
Southerly property line of Rockview Place.
4a
END OF WCUMENT
`vJJML:PLMcE:bz 12/8/76
RESOLUTION NO. 3220
A RESOLUTION AWARDING SALE OF BONDS
McMILLAN SEWER ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of San Luis Obispo,
San Luis Obispo County, California, that
WHEREAS, pursuant to Resolution of Intention No. 3024, adopted
by said Council on April 5, 1976, and its Resolution Calling for
Bids on the Sale of Bonds No. 3177, adopted on November 16, 1976,
as amended, notice of said sale has been duly given;.
WHEREAS, bids for the purchase of said bonds have been
received and publicly opened, examined., and declared, and this
Council has considered said bids;
NOW, THEREFORE, IT IS ORDERED, as follows:
1. That all written bids received for the purchase of said
bonds, excepting the bid herein stated, be, and they are hereby,
rejected, and that said bonds be, and they are hereby, ordered
sold to San Luis Obispo National Bank
as the highest responsible bidder therefor, said sale to be sub-
ject to all of the terms and conditions set forth in the Notice of
Sale of said bonds and in said accepted bid.
2. That the City Clerk is hereby directed to.have said
bonds printed, and that the same be immediately executed and
delivered to said bidder upon receipt of the purchase price there-
for and upon the performance of the conditions contained in said
written offer.
3. That the interest rate of said bonds be, and the same
is hereby, fixed at the rate in said bid.
r Resolution No. 3220,1 '^ 977 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
18th day of January, 1977, by the following vote of the members
thereof: on motion of Councilman Norris, seconded by Councilman
Gurnee:
AYES, Councilmembers: Graham, Gurnee, Norris, Petterson
and Mayor Schwartz
NOES, Councilmembers: None
ABSENT, Councilmembers: None
-2-
C r c of the City o
San Luis Obispo
FILE. COPY
RESOLUTION NO. 3219 (1977 Series)
A RESOLUTION OF THE COUNCIL OF TIME CITY
OF SAN LUIS OBISPO APPROVING AN AGREEMENT
BETWEEN THE CITY AND JOHNSON HIGHLANDS,
INC. FOR CITY ACQUISITION OF PROPERTY FOR
FLORA STREET EXTENSION.
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1.' That certain agreement, a copy of which is on file in
the Office of the City Clerk,..between the City and Johnson
Highlands., Inc.., for City acquisition of property needed for.
extension of Flora Street, attached hereto marked Exhibit "A"
is hereby approved and the Mayor is authorized to execute same..
2. The City Clerk shall furnish a copy of this Resolution
together with a copy of the agreement approved by it to:
Johnson.Highland, Inc. and the City Engineer.
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 4th day
of January, 1 -977 -
yor
ATTEST:
Approved. as to form:
WENDT, MITCHELL, SINSHEIMER,
de la NOTTE & LILLEY
A Professional Corporation
City Attorney
-- X L 01,
- , - --
BY Dale Mitchell
ki-m 1 /� /77
RESOLUTION NO.3219 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO APPROVING AN AGREEMENT
BETWEEN THE CITY AND JOHNSON HIGHLANDS,
INC. FOR CITY ACQUISITION OF PROPERTY FOR
FLORA STREET EXTENSION.
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. That certain agreement, a copy of which is on file in
the Office of the City Clerk, between the City and Johnson
Highlands., Inc., for City acquisition of property needed for
extension of Flora Street, attached hereto.marked Exhibit "A"
is hereby approved and the Mayor is authorized to execute same.
2. The Citv Clerk shall furnish a copy of this Resolution
together with a copy of the agreement approved by it to:
Johnson Highland, Inc. and the City Engineer.
On motion of Councilman Gurnee seconded by .rn„nr;lman
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 4th day
of January , 19 77 -
ATTEST:
C erk�
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
A Professional Corporation
City Attorney
BY Dale Mitchell
ktm 1/5/77
►=1eR101091010N
This agreement, executed this day of ' G/,?r; ,
1977, by and between JOH14SON HIGHLANDS, INC., hereinafter c le
Grantor and the City of San Luis Obispo, a Municipal'Corporation,
hereinafter called City, witnesseth.:
1. Grantor agrees to convey to the City, for street
purposes .041 acres, more or less, as shown on the
attached slFe—t—cfi as parcel A.
2. Grantor agrees to convey to the City the remainder
of the 6 foot strip of land shown on the attached sketch
as parcel B when Grantor and City agree on access to
Grantor land in back of School District property, for the
sum of $1.00.
3. The City agrees to pay the Grantor the sum of $1,750.00
for the land being conveyed at this time.
This agreement is binding upon successors of either party.
ATTEST:
%
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
DE LAS MOTTE & LILLEY, INC.
City Attorney
QA#- i E� /i N /
JOHNSON HIGHLANDS, INC.
i
President
By AC
ecretary
CI
OF SAN LUIS OBISPO
Approved as to content:
City Adminisfrat i Officer
ty n eer
EXH61? „A„
JOHNSO
R r
IN
'I
QL,-
II
QL,-
n
RESOLUTION NO. 3218 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO APPROVING AN AGREEMENT
BETWEEN THE CITY AND THE OFFICE OF THE
STATE ARCHITECT FOR RELOCATION OF A
WATER MAIN NEAR CAL POLY.
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. That certain agreement, a copy of which is on file in
the Office of the City Clerk, between the City and the Office
of the State Architect for amendment of Agreement No. SA 4366
for relocation of a water line near Cal Poly
is hereby approved and the Mayor is authorized to execute same.
2. The City Clerk shall furnish a copy of this Resolution
together with a copy of the.agreement approved by it to: The
Office of the State Architect and the City Engineer.
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 passed and adopted this 4th day
of January 1977
ATTEST:
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
DE LA MOTTE &.LILLEY, INC.
City Attorney
By Allen Grimes
ktm 12/27/76
Approved as to content:
City A 1nistrative ficer
Ci y nr*n�eer
R 3218
SA 4366
W. o..ADO3 129 C
(TLO 229)
Amendment No. 2
November 29, 1976
AMENDMENT NO. 2
TO AGREEMENT NO. SA 4366
TO INCREASE AMOUNT BY $4450.20
WHEREAS, the parties hereto entered into said agreement, whereby City
agreed to relocate City's existing twenty -four inch diameter transmis-
sicn water main, at Access Road, California State Polytechnic University
San Luis Obispo, for the convenience of the State; and
WHEREAS, City's cost to relocate water.main,exceeded the amount deposited
with City by State, and
WHEREAS, State desires to amend said agreement to provide for the addi-
tional costs to City for the relocation of said water main.
NOW, THEREFORE, the parties hereto do mutually agree to amend said agree-
ment as follows:
Article 5 on Page No. 2, paragraph one, amended to read "In consideration
of Government Code Section 6504, upon receipt of request from the City,
State agrees to deposit with the City the sum of Thirty- Eight Thousand
Four Hundred and no/100.($38,400.00) Dollars for cost of said relocation.
Costs shall include engineering consultant service, engineering, construc-
tion, inspection and overhead, except that the construction contract price
shall not be subject to overhead payments. " ,.shall be further amended to
read "In consideration of Government Code Section 6504, upon receipt of
request from the City, State agrees to deposit with the City the sum of
Forty Two Thousand Eight Hundred Fifty and 20/100 ($42,850.20) Dollars
for cost of said relocation. Costs shall include engineering consultant
S � % l-
Ci
City.of San Luis`Obispo
November 29, 1976
SA 4366 Amend. #2
Page No. 2
service, engineering, construction, inspection and overhead, except that
the construction contract price shall not be.•subject to overhead payments."
Said additional deposit shall be the final payment for the completed.pro-
ject.
All- other terms of the Agreement shall remain in Rill force and effect.
Approved as to Form and Procedure:
City Attorney
Approved as to Form and Procedure:
Attorney,
Department of General Services
CIIV OF SAN LUIS OBISPO
By 4 :a?er
r
Attest:
7S�V -�
OFFICE OF THE STATE ARCHITECT
By
Do Not Write In ThIs Space AMOUNT OF THIS ESTIMATE APPROPRIATION .. ' FUND State Architect
$4450-20 14957GC Arch. Revolvinfr
. . Cafphe UNENCUMBERED BALANCE ITEM CHAPTER. STATUTES FISCAL YEAR
$ 309bbb 156 72
ADJ. INCREASING ENCUM. FUNCTION n
BRANCE k �l. L 229 )
S Punds available on .deposit WOAD. 'l 1:29C
ADJ. DECREASING ENCUM. LINE ITEM ALLOTMENT -
$ RANGE CODE: SK 6 8.6.02.2.60.05 Sec. 400
1 hereby certif I on my oun personal knou:.'edge that budgeted funds T.S.A. NO. B.R. NO.
are available br he eriod and purpose of the expenditure stated above.
SIGNATUR FA OUNTING OFFICER .DATE
11 /30/76
1 her y certify that all conditions for exemption set forth in State Administrative Manual. Section 1201,13
have been en Aplied with and this document IS mcrnpt from review by the Department of Finance.
SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY DATE
K
RESOLUTION NO. 3217 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE::CITY OF SAN LUIS
OBISPO AUTHORIZING FILING OF NOMINATION FORM WITH
THE CALIFORNIA PUBLIC UTILITIES COMMISSION FOR
ESTABLISHING A POSITION OF THE P.U.C. PRIORITY
LIST FOR GRADE SEPARATION FUNDING, 1977 -78, UNDER
THE TERMS OF §2452 OF THE STREETS AND HIGHWAYS
CODE (ORCUTT ROAD GRADE SEPARATION).
WHEREAS, pursuant to A.B. 3941 and Section 190, Chapter 1739,
Statutes 1953, the State of California has authorized the making of
grants to public bodies to aid in the financing of railroad crossing
protection;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO as follows:
Section 1. That Wayne A. Peterson; City Engineer, is hereby
authorized to execute and file for the City of San,Luis Obispo, a
municipal corporation, with the Public Utilities Commission and other
appropriate agencies a letter submitting data pertaining to the con-
struction of a grade separation at Orcutt Road and the Southern Pacific
Transportation Company Tracks, Crossing No. E- 253.3.
Section 2. That Wayne A. Peterson, City Engineer, is hereby
authorized and directed to provide such information as the Public
Utilities Commission and other agencies may reasonably request in con-
nection with and subsequent to the letter which is hereby authorized to
be filed.
Section 3. That if the California State Public Utilities Com-
mission determines to make an allocation of funds for the purpose of
construction of the proposed Orcutt Road Grade Separation (Overcrossing)
Project,.all conditions pertaining to such an allocation can and shall
be met by the City of San Luis Obispo.
ktm 1/5/77 R 3217
Resolution No. 3217 (1977 Series)
(Orcutt Road Grade Separation)
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 passed and adopted this 4th day of January, 1977.
ATTEST:
Clerk
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
Approved as to content:
City, Administrative 0 cer
�^
W ity En eer
ktm 1/5/77 Page 2
APPENDLk 2
Sheet 1 of 2
NONINATTON FORK
F.KISTIN'C OR PROI'OSi'.D C!10SSli;GS G01417L'.TFD. FOR
SEPARATIOL! 0'Z ELliil`.1'1Ti017
Nominating Agency:
Name THE CITY OF SAN LUIS- OBISPO
Address 990 PALM STREET, SAN -LUIS OBISPO, CA 93401
Party to contact for fuither inform,,ation:,
Name PAUL E. LANDELL, JR.
Title SPECIAL PROJECTS ENGINEER
Phone No. Area Code (805 ) - 541 -1000 Ext. 31
Public Utilities Cormiission Crecsi:.-, L,rr.Sar: ..... E -253.3
Street Name: ORCUTT ROAD City SAN LUIS OBISPPount,y SAN LUIS OBISPO
Number of Railroad Tracks - Total: ............................
Main X Branch Passing Siding /Spur
Street Width: Feet 22 No. Lanes 2
Daily Volumes: Vehicle 7,400 ADT
Train: Pass. 2 Through Frt
Speed: Vehicular Limit 35 m.p.h.
.2
Date Taken March -, 1976
5 Switching 2+ Total 9+ (varies)
.Railroad Prevailing Nasimum 35 m.p.h.
Crossing Blocking Delay (Ninutes /Da y): 40+
Nearest Alternate Route (Distance along track-feet): ............... 8,300
Secondary Accident history (10 yrs): Vehicle- Vehicle Vehicle - Object
If Proposed Crossing: (Check One)
A Gradc Crossing; is Practical and Feasible
A'Gradc Crossing is not Practical and Feasible ..................... /_/
APPENDIX '2
Sheet 2 of 2
Estimated Project Cost: (As of April 1, 1978)
Right of llay Allowance .. ..........I .................... $ 541.000'
Preliminary Engineering ........ $ 921620
-Construction Engineering ............................... $ 171,930
Construction: Bridge .................................. $ 469,700
Railroad Work ... ........... _$ 10,000
Highway Approaches & Connections ....... $ 656,810
Utility Relocation .................................... $ 23,760
.Contingencies .............................................. $ 174,040
Total Project Cost ................................ $2,139,860
For grade crossing(s) nominated for elio,ination by rer.c-val or
relocation of streets or tracks, the esti.::iated cost of eliminating
crossing(s) by construction of grade separaticus $ N.A.
The nominating agency can /cannot (underline one) complete the pre- allocation
requirements set forth kn Section 2456 of the Streets & Highways Code prior to
April 1, 1978.
Narrative: Statement indicating need for the project (Attach additional sheets, as
required). Attach two photographs (at least 4" x 6 ") of the crossing, one from
each direction of approach and an 8k" x 11" sketch of the project area
(Scale 1" = 500') including the proposed alignment.
RESOLUTION NO. 3216 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AUTHORIZING FILING OF NOMINATION FORM WITH
THE CALIFORNIA PUBLIC UTILITIES COMMISSION FOR
ESTABLISHING A POSITION OF THE P.U.C. PRIORITY
LIST FOR GRADE SEPARATION FUNDING, 1977 -78, UNDER
THE TERMS OF §2452 OF THE STREETS AND HIGHWAYS
CODE.(SOUTH STREET GRADE SEPARATION).
WHEREAS, pursuant to A.B. 3941 and Section 190, Chapter 1739,
Statutes 1953, the State of California has authorized the making of
grants to public bodies to aid in the financing of railroad crossing
protection;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO as follows:
Section 1. That Wayne A. Peterson, City Engineer., is hereby
authorized to execute and file for the City of San Luis Obispo, a
municipal corporation, with the Public Utilities Commission and other
appropriate agencies a letter submitting data pertaining to the con-
struction of a grade separation at South Street extended and the
Southern Pacific Transportation Company Tracks.
Section.2. That Wayne A. Peterson, City Engineer, is hereby
authorized and directed to provide such information as the Public
Utilities Commission and other agencies may reasonably request in
connection with and subsequent to the letter which is authorized to be
filed.
Section 3. That if the California State Public Utilities Com-
mission determines to make an allocation of funds for the purpose of
construction of the proposed South Street Grade Separation (Overcrossing)
Project, all conditions pertaining to such an allocation can and shall
be met by the City of San Luis Obispo.
ktm 1/5/77 R 3216
1
Resolution No. 3216 (1977 Series)
(South Street Grade Separation)
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 passed and adopted this 4th day of January, 1977.
ATTEST:
�r •
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY�
City Attorn ey
4
By Allen Grimes
Approved as to content:
. 45;% - -
City Administrative 0 Nicer
City E eer
ktm 1/5/77 Page 2
APPENDLX 2.
Sheet 1 of 2
LN0,1-11 "I", T 10i: M-11-11
aXISTIN'C 0R.IIR0!'0k:i';) T: -D FOR
SEPARATI01": 0.Z
Ncminatin- Agency:
`lame City of San Luis Obispo
Address 990 Palm Street, P.O. Box 321, SLO, CA, 93406
Party to contact for fUL:Lhcr inform-,ation:
Name Paul E. Landell, Jr.
Title Special Projects Engineer
Phone No. Area. Code ( 805 ) -541-1000 ext. 31
Public Utilities COM-: lission
Street Name: South Street city_ San Luis Obi�BR.,,.,, San Luis Obispo
Number of Railroad Tracks -.Total: 9
Main 2 Branch Passing Sidin.S/Spur _ Yard Tracks 7
Street V:,idt!) Feet No. Lanos
Dail), Voluz,.o
s: %?chic 0 Date Taken
Train: Pass 2 Through F:-t -5 5'."itching 2+ Total
Speed: Vehicular Limit Railroad Prevailing Naximum 25 Main, 10 yard
Crossing Blocking Delay i nu t o s /,Da y) ...............................
Nearest Alternate, Route (Distance along track - feet): ...... 4,000
Secondary Accident iiiSLOrV (10 yrS)
Cie Vehicle-Object
if Proposed Crossin,,: (Chock o1jr.)
A. Grade CrossinL, is Practical and Feasible ................. .........
A Grade CrOSSin,'- is not Fractical and Feasible .....................
i
APPENDIX 2
Sheet 2 of 2
Estiratcd Projcct Cost: (As of April 1, 1978) '
Right of flat• Allowance . :.............................. $ '0"00,
Preliminary Enginecrin; ............................... $ 181,000
Construction En &ineering .......................... $ 336,000
Construction: Bridge .. $ 1,160,000
Railroad 41ork $ - - - - - - -
Highway Approaches & Connections ....... $ 600,000
Utility "R^_location ...... ............................... $ 50,000
.Contingencies ... .... ...........:.:............... $ 335,000
7
Total Project Cost ......... $ 3,410,000
For grade crossing(s) nominated for elic,ination by removal or
I.
relocation of streets or .tricks. the cstis:iated cost of eli.m4nating
crossin;( ) by construction of Crack separaticnis ............... $
j --
' The nominating agency can /cannot (underline one) complete the pre - allocation
i
requirements set forth in Section 2456 of the Streets &.Highways Code prior to
April 1, 1978..
J
Narrative: Statement indicating need for the project (Attach additional sheets as
j required). Attach two photographs (at least 4" x 6 ") of the crossing, one from
I
each direction of approach and an 81." x 11" sketch of the project area
I
i
(Scale 1" = 500') includtnd the proposed aligr -rent.
!J�
RESOLUTION NO. 3215 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO APPROVING AN AGREEMENT
BETWEEN THE CITY.AND PACIFIC GAS AND
ELECTRIC COMPANY FOR MUTUAL USE OF A
UTILITY EASEMENT.
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. That certain agreement, a copy of which is on file in
the Office of the City Clerk, between the City and Pacific Gas
and Electric Company, for mutual use of a utility easement
is hereby approved and the Mayor is authorized to execute same.
2. The City Clerk shall furnish a copy of this Resolution
together with a copy.of the agreement approved by it to:
Pacific Gas and Electric and the City Engineer.
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, passed and adopted this 4th day
of January , 1977 .
ATTEST:
r
Approved as as to .form:
WENDT, MITCHELL, SINSHEIMER,
DE LA MOTTE & LILLEY, INC.
City Attorney
By Allen Grimes
ktm 12/27/76
Approved as to content:
City Adminstrative Nfficer
C
City EqOilneer
R 3215
RESOLUTION NO. 3214
(1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO APPROVING AN AGREEMENT
BETWEEN THE CITY AND MONTEREY BAY AREA
REGIONAL TRAINING CENTER FOR PARTICIPATION
IN THE REGIONAL TRAINING CENTER'S PROGRAM.
BE IT RESOLVED by the Council of the City of San.Luis
Obispo as follows:
1. That certain agreement, a copy of which is on file in
the Office of the City Clerk, between the City and Monterey
Bay Area Regional Training Center and its member agencies
for participation in the program of the Training Center
is hereby approved and the Mayor is authorized to execute same.
2. The City Clerk shall furnish a copy of this Resolution
together with a copy of the agreement approved by it to:.
Monterey Bay Area Regional Training Center and City Personnel
Director.
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 passed and adopted this 4th
of January 1977
ATTEST:
g
Clerk
Approved as to. form:
WENDT, MITCHELL, SINSHEIMER,
DE LA MOTTE & LILLY, INC.
City Attorney Il
By Allen Grimes
ktm 12/21/76
day
Approved as to content:
'e- T'07 City Administrative Officer
Personnel Direc r
R 3214
r
RESOLUTION NO. 3213 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO PLEDGING CITY STAFF
COOPERATION WITH COUNTY IN DEVELOPING
SITE PLANS FOR COUNTY CAPITAL FACILITIES.
WHEREAS, the San Luis Obispo County Board of Supervisors
on December 13, 1976, directed County planning staff to prepare
downtown site plans and consider locational and cost factors in
comparison with Johnson Avenue site alternatives for certain
County capital facilities; and
WHEREAS, such Board action challenges the County planning
staff to take a more comprehensive view of needs for County
facilities including specific attention to the question of the
appropriate location for the.courts and related services
facilities as well as a plan for future capital improvement
decisions in the downtown area; and
WHEREAS, County staff has recognized the long range
implications in these studies for both the County and City
of San Luis Obispo and has-',asked the City staff to regularly
participate in the site planning process and has also asked
that the City provide continuing policy support for these
endeavors; and
WHEREAS,.the Director of Community Development has
assured the City Council through the City Administrative
Officer that his department has sufficient staff and funds
to provide personnel to participate in the County site plan-
ning process.
RDM:ktm 1/4/77 R 3213
Resolution No. 3213 (1977 Series)
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of San Luis Obispo as follows:
Section 1. The City staff is hereby authorized and
directed to participate in these endeavors; and
Section 2. The staff shall clear any unformulated
major policy determinations in advance with the City Council
through the City Administrative Officer.
Section 3. The City Clerk is hereby directed to furnish
copies of this Resolution to the Clerk of the Board of
Supervisors and to County Planning Director Ned Rogoway.
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 4th day
of January, 1977.
ATTEST
RDM:ktm 1/4/77 Page 2
RESOLUTION NO. 3212 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE FINAL MAP OF
TRACT NO. 575, TRES HERMANOS PARR (RICHARD
BURKE, DEVELOPER) AND ACCEPTING DEEDS OF
EASEMENT AND AN INDENTURE.
WHEREAS, the following findings regarding the subject final
map were made in conformity with the State Subdivision Map Act:
1. The map and subdivision design are consistent with the
adopted General Plan.
2. The map promotes a development type and residential
density which are suitable for the physical characteristics of
the site.
3. The subdivision design and related improvements will
not cause substantial environmental damage nor would they be
injurious to fish or wildlife or their habitat.
4. The subdivision design and related improvements will
not be likely to cause serious public health problems.
5. The subdivision and related improvements will not
conflict with any public easements for access through or use
of the subject property.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of San Luis Obispo that the Final Map of Tract No. 575, Tres
Hermanos Park (Richard Burke, Developer) be approved subject
to the conditions of the attached Exhibit "A" Subdivision
Agreement and that the Deeds of Easement offeredby Jared
Arthur Trussler and Roger T. Marshall, Judy D. Marshall and
Anne C. Fowler and an Indenture from the Southern Pacific
Company are hereby accepted.
BE IT FURTHER RESOLVED that Exhibit "A" Subdivision
Agreement is hereby approved, and the Mayor is authorized
to execute said agreement on behalf of the City.
R 3212
Resolution No. 3212
Tract No. 575
(19 77 Series)
On motion of Councilman Gurnee seconded by Councilman
Petterson, and on the following roll call vote:
AYES: Councilman Graham, Gurnee, Norris, Petterson
and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 4th day
of January 1977.
ATTEST:
y Crerk
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
DE LA MOTTE & LILL Y, INC.
City Attorney
By Allen Grimes
Approved as to content:
City E, veer
D
�!1
AGREEMENT
THIS AGREEMENT, dated this 5th day of January 1977 by and between
Richard B. Burke ,.herein referred to as "Subdivider ",
and the CITY OF SAN LUIS OBISPO, herein referred to as the "City ".
W ITN E'S SETH
REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain
real property in the City of San Luis Obispo, County of San Luis Obispo, State of
California, description of which is shown on final "Map of Tract No. 575, Tres
Hermanos Park, City of San Luis Obispo, California ", as approved by the City
Council, on the 4th day of January 19 77.
WHEREAS, the Subdivider desires that said Subdivision Map of Said Tract No.
575, be accepted and approved as a final map pursuant to the Subdivision Regula-
tions and Ordinances of the City of San Luis Obispo, and
WHEREAS, it is a condition of said regulations and ordinances that the Sub-
divider agrees to install the street improvements and utility lines and facilities
as forth on the plans therefore.
NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby
agree to construct and install the following subdivision improvements in accordance
with said subdivision ordinances and regulations, and in accordance with approved
plans and specifications on file. in the office of the City Engineer., City of San
Luis Obispo, to wit:
` 1. CURBS, GUTTERS and SIDEWALKS
2. STREET•BASE and SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property
line and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAA4ENTAL METAL ELECTROLLERS
6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec-
tion and approval of such facilities by the City, each public utility
shall be required to file a letter stating that the developer has prop-
erly installed all facilities to be provided by him,'and that the said
utility is prepared to provide service to residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations
All the above facilities shall be installed in the locations designated and to the
plans and specifications on file.and approved by said City Engineer. e�
The lines and grades for all of said improvements shall be established.by the C
Subdivider in accordance with said approved plans and specifications.
The Subdivider agre -s that the work c installing t�,. above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that
the work shall be completed within eighteen (1$) months of said recording date,
unless an extension has been granted by the City Council, provided that is completion
of said work is delayed by acts of God or strikes, the Subdivider shall have an
additional period of time equivalent to such period of delay in which to complete
such work. Any extension of time hereunder shall not operate to release the surety
on the Improvement Security filed pursuant to this agreement. In this connection,
the surety waives the provisions of §2819 of the Civil Code of the State of California.
The Subdivider does also agree to comply with the following conditions established
by the Planning Commission and /or the City Council:
1. The developer shall pay to the City the sum of $9,601.,50 (10.38 x
$925 /acre) connection charge to the City water system.
2. The developer shall pay to,the City the sum of $4,096.40 (10.38 x 3 x'
131.5479) connection,charge to the City sewer system.
3. The developer shall include in his bond with the City the amount of
$3,111.39 to guarantee the installation of street trees (� :3,111.39 lineal
feet of street frontage at $1.00 per foot) amount to be released to devel-
oper upon completion of the planting of the subdivision street trees by
the developer and acceptance of the work by the City.
4. The developer shall deposit with the City a cash bond in the amount of
$1,500.00 to assure the final monumentation of the subdivision. Said
deposit will be released to the developer upon receipt by the City of
a letter from the surveyor indicating he has completed the work and has
been paid. .
5. The developer shall allow the City to be reimbursed for plan checking
costs. The actual cost of plan checking cannot be determined at this
time. The plan checking costs will be transferred from the inspection
deposit account when it is finally determined. If, upon completion of
the subdivision, there is insufficient funds in the inspection account,
the developer shall be obligated for the balance prior to acceptance of.
the improvements by the City.
6. Grading permit fees in the amount of $275.00 shall be deposited with.and
treated as` normal subdivision inspection fees.
7. The developer shall plant all slope banks with an approved planting and
maintain this planting so as to have a good ground cover prior to
acceptance of the work.
8. S.P.R.R. costs to be paid by City. Developer Burke to repay City.
9. The developer shall reserve and grant to the City a 1.00 foot non - access
strip along the westerly boundary of Sacramento Drive (Parcel A). The
City will deny access over this strip until the subdivider of Tract 575
has been paid the cost of the street improvements for a 12.00 foot strip
along Sacramento Drive. The subdivider shall be entitled to reimbursement
for sewer costs as is specified under Section 7500.7 of the San Luis
Obispo Municipal Code. The subdivider shall be entitled to reimbursement
for water costs as is specified under Section 7410.7 of the San Luis
Obispo Municipal Code. The subdivider shall be entitled to reimbursement
based on the cost of the twelve inch (12 ") water line.
As to public lands or section property included within said Subdivision, if
any, for the restoration of lost section corners and for retracement of Section
lines, the method followed shall be in accord with the instructions set forth in
the "Manual of Instructions" for Survey of Public Lands of the United States,
published by the Commissioner of General Land Office, Department of Interior,
Washington, D.C.
-2-
The Subdivider_ hereby attaches hereto, and as an integral part hereof, and as
security for the performance of this agreement,* (-instrument of credit /bond) approved
by and in favor of the City of San Luis Obispo, and conditional upon the faithful
performance of this agreement, which said (instrument of credit /bond) is in the amount
of $171,000.00, and which is in the amount of the estimated cost of said improvements.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring
within twelve (12) months after acceptance thereof. In accordance with Section
11612.1 (c) of the Business and Professions Code of the State of California,
upon final completion and acceptance of the work, City will release all but 10% of
the improvement security, that amount being deemed sufficient to guarantee faithful
performance by the Subdivider of his obligation to remedy any defects in the improve-
ments arising within a period of one year following the completion and acceptance
thereof against any defective work or labor done, or defective materials furnished,
in the performance of this agreement.
Completion of the work shall be deemed to have occurred on the date as of which
the City Council shall, by resolution duly passed and adopted, accept said improve-
ments according to said.plans and specifications, and any approved modifications
thereto. Neither periodic or progress inspections or approvals shall bind the
City to accept said improvements or waive any defects in the same or any breach of
this agreement.
If the Subdivider fails to complete the work within the prescribed time, then
in that event, the Subdivider agrees that City may, at its option, declare the bond,
instrument of credit, or cash deposit, which has been posted by Subdivider, to
guarantee faithful performance, forfeited and utilize the proceeds to complete said
improvements, or City may complete said improvements and recover the full cost and
expense thereof from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and material bond in
the amount of 500 of the above described subdivision improvements in accordance
with State law.
Said Subdivider shall deposit with the City the sum of $5,100.00, from which
deposit the City will pay the salary and expenses of an inspector or inspectors
to inspect installation of said subdivision improvements and certify that they
have been completed in accordance with the plans and specifications. Any unex-
pended monies will be returned to the Subdivider. In the event the inspection
fees exceed the sum of $5,100.00, the difference is to be. paid by the City of
San Luis Obispo. The City reserves the sole discretion in determining the amounts
XIS
to be paid for salary and expenses of said inspector or inspectors.
Article 9, Chapter I of the San Luis Obispo Municipal Code, entitled
"Subdivision" - All plans and specifications on file with said City Engineer as a
part of said Subidvision Map, and all other documents filed with the City by the
Subdivider and approved by the City Engineer are hereby refer ed to for further
particulars in interpreting and defining the obligations of the Subdivider under
this agreement.
It is understood and agreed by and between the Parties hereto that this
agreement shall bind the heirs, executors, administrators, successors and assigns
of the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder!'s
contract unit prices and total bid prices for all of the improvements herein
referred to.
IN WITNESS WHEREOF; this agreement has been executed by:
day of 19
Approved as to orm
WENDT, MITCHELL SINSHEIMER, DE LA MOTTE
t
City Attorney
day of 19
$ LILLEY, INC.
Subdivider
Mayor
� }` %.�._�!1 —` \ i..•� % \a.. -,,..� Attest:
Cityl J gineer City Clerk
-4-
C
RESOLUTION NO. 3211 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING TENTATIVE APPROVAL OF PARCEL MAP
76 -176 (MARTIN POLIN, APPLICANT; 774, 790 & 796
FOOTHILL BLVD. & 219 N. CHORRO STREET).
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1. This Council hereby makes the following findings concerning Parcel Map___
76 -176 (Martin Polin, applicant; 774, 790 & 796 Foothill Blvd. &219
N. Chorro Street): — -
a. The proposed parcel map and design are consistent with the:;General Plan.
b. The site is physically suited for the proposed type and density of develop-
ment permitted by the C -N Zone.
c. The design is not likely to cause substantial environmental damage, or cause
serious public health problems.
d. The design of the proposed subdivision will not conflict with public ease-
ments for access through, or use of, property within the proposed subdivision.
2. Tentative approval of Parcel Map 76 -176 is based upon the following conditions:
a. All lot corners shall be staked by a registered civil engineer or licensed
surveyor.
b. Street trees shall be provided on all North Chorro Street frontage per City
Public Services Department approval.
3. This Council hereby approves the tentative map for Parcel Map 76 -176.
On motion of Councilman Gurnee
and on the following roll call vote:
seconded by Councilman Petterson
s
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted
ATTEST:
Approved as to fo
SINSHEIMER, DE LA
Attorney
By Allen Grimes
uW!
WENDT, MITCHEL,
E & LILLEY, City
4th day of January , 1977.
Approved as to content:
City Administrative i'cer
Community Development D t
'Ci ty U neer
e
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RESOLUTION NO. 3210 (1977 . Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE FINAL MAP OF
TRACT NO. 500
WHEREAS, the following findings regarding the subject final
map were made in conformity with the State Subdivision Map Act:
1. The map and subdivision design are consistent with the
adopted General Plan.
2. The map promotes a development type and residential
density which are suitable for the physical characteristics of
the site.
3. The subdivision design and related improvements will
not cause substantial environmental damage nor would they be
injurious to fish or wildlife or their habitat.
4. The subdivision design and related improvements will
not be likely to cause serious public health problems.
5. The subdivision and related improvements will not
conflict with any public easements for access through or use
of the subject property.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of San Luis Obispo that the Final Map of Tract No. 500 be
approved. All conditions have been met.
The City acknowledges the receipt of $1,000 cash bond to
assure final monumentation of the subdivision. Said deposit will
be released to the developer upon receipt by the City of a letter
from the surveyor indicating he has completed the work and has been
paid.
ktm 12/76
R 321.0
i -,
Resolution No. 3210 (1977 Series)
Tract No. 500
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 4th day
of January 1977.
ATTEST:
Clerk
Approved as to form:
WENDT, MITCHEL SINSHEIME R,
DE LA MOTTE & ILLEY, INC.
City Attorney
By Allen Grimes
Approved as to content:
City Administrati Officer
RESOLUTION N0. 3209
(1977 Series)
"�D
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 SAME.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
Section 1. This Council hereby approves the
submission to the Department of Housing and Urban
application for Federal assistance for a.Community
in accordance with the Program as set forth in,. a
office of the Community Development Department.
preparation and . the
levelopmentio of a_pre-
Development Block Grant
copy filed in the
Section 2. The Mayor is hereby authorized to sign said application
and other necessary documents on behalf of the City.
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
The foregoing Resolution was passed and adopted this 4th day of
T, ,,,o ,, - 77
WEF:ktm 11/30/76 R 3209
Resolution No. 3209
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
WEF:ktm 11/30/76
(1977 Series)
Approved as to content:
City Administrative 0 Nc er
o.
Grant & Special Projects anag,r
Page 2
OMB Approval No. 29 -80218
424 -101
STANDARD FORM•424 -PAGE 1 (10 -75)•
Prescribed by GSA. Federal 4fas cram nt Circular 74-7
FEDERAL ASGISTANCE _
z cnnrs
a. Nt 3ER
3. ST,
APPLIL�
a. NUMBER
APPLI•
TION
IDENTI•
1. TYPE L� P�PPLICATICM
D. DATE
177_eparthDrijaY
b. DATE Year month day
ACTION L] APPLICAT!ON
CATION
19 / UU II //
FIER
ASSIGNED 19
Lowe
(Nark nP. C-J NOTIFICATION OF INTENT (Oils..)
pap, We
cost ❑ RVORT OF FEDERAL ACTION
Blank
4. LEGAL APPLICANT /RECIPIENT
5. FEDERAL EMPLOYER IDENTIFICATION NO.
A.pplicantNsma :City of San Luis Obispo
95 -6000 -781
6.
a.
b.Orgsni,ationUnit :Community Development Department
C. Strad /P.O. Boa : 990 Palm Street, P. 0. Box 321
PRO.
.. NUMBER 11141° 1211191
b. TITLE
d. city :San Luis Obispo a. County :San Luis Obisp
GRAM
.: 93401
1. State :California a. ZIP Code:
Federal
CDBG
h. Contact Person (Name Robert Strong, 805 - 541 -1000 X 40
catalog)
Non Metro Discretionary
�n
.Z tolophone
�i
7. TITLE 7.ND DESCRIPTION OF APPLICANT'S PROJECT
S. TYPE OF APPLICANT /RECIPIENT
Ella Street neighborhood Improvement Program.
A -State H- Community Actlen Agency
D- Intontsts I- Hither Educational institution
Street improvements, water and sewer system improve-
C- Substate J- Indian Triba
K -Other (Specify):
ments, purchase of property by City with C.D. funds
o -Disric
Scholl
to sell-back at reduced cost to induce private
F- District
G-Spociol
D UEt Purpose Enter aypropratc letter ❑E
development of housing.
9. TYPE OF ASSISTANCE
A -Basic Grant ' DAnsuranco
B- Supplamental Grant E -Olher Enter appro-
FT
(-Loan Prieto Latter(.)
10. AREA OF PROJECT IMPACT (Names of dieies, counties,
Stator, std.)
11. ESTIMATED NUM-
BER OF PERSONS
12. TYPE OF APPLICATION
A-New C- Rovislon E- Augmentation
San Luis Obispo, San Luis Obispo, CA
BENEFITING
566
lJ- Ranewal D- Continustion
Enid, appropriate letter CA
13. PROPOSED FUNDING I4. CONGRESSIONAL DISTRICTS OF:
15. TYPE OF CHANGE (For 14o or !ad)
a. FEDERAL x195 800 a. APPLICANT D. PROJECT
A- Increaso Dollars F -Other (Specify):
B- Decreaso Dollars
.00
16 16
C-tncicass Duraticn N/A
D APPLICANT .00
D- Decrease Duration
E- CancallaVoo
e. STATE
'00
36. PROJECT START
DATE Year month, day
17. PROJECT
DURATLQ�1
JeLeor(al
d. LOCAL
.00
19
I [ 1Konilw
prinsappra-
p*iaLo
a. OTHER
,00
IJL ESTIMATED DATE TO Year month day
19. EXISTING FEDERAL IDENTIFICATION NUMBER
DE SUBMITTED TO
FEDERAL AGENCY Is- 19 77 01 07
N/A
f. TOTAL
$ 95 6 0 .DO
20. FEDERAL AGENCY TO RECEIVE REQUEST (Name, City, State, ZIP code)
21. REMARKS ADDED
H.U. D. Los Angeles, CA 90057 1
U Yea ❑ No
22.
a. To the best of my knowid¢o and belief,
It. If required by 051E Circular A-95 this application was submitted, pursuant to In- No re. Response
tha to doaringhoutes and all responses are attached: sponso attached
data In this Drsappliatlaa /ap ^,licatien are
strucctions olo, appropriate
THE
true and arro•t, the document has boon
APPLICANT
CERTIFIES
duly suthaixad by the garming body of
the applicant and the eppilcent will comply
�( ❑
(1) State of California, Clearinghouse
THAT D
with the eMched anurances if the waist-
(2) - ❑ ❑
sum is approved.
(3) see over ❑ ❑
2,
a. TYPED NAME AND TITLE
16. staNATURE
r- DATE SIGNED
CERTIFYING
Kenneth E. Schwartz, Mayor
_
Y°ar mdn`A day
07
REPIiE
I9 77 01
SENTATIV`
24. AGENCY NAME
T LICA• You mona day
RE D 19
20. ORGANIZATIONAL UNIT
27. ADMINISTRATIVE OFFICE
281. FEDERAL APPLICATION
IDENTIFICATION
29. ADDRESS
30. FEDERAL GRANT
IDENTIFICATION
31. ACTION TAKEN
32. FUNDING
Year month day
34. Year month day
STARTING
P. FEDERAL
s .00
❑ a. AWARDED
33. ACTION DATE ► 19
DATE 19
❑ D. REJECi-_D
b. APPLICANT
CO ,
90. CONTACT FOR ADDITIONAL INFORMA-
TION (Name and colophons number)
36. Year month day
ENDING
e. STATE
.00
❑ 0. RETORNEO FOR
DATE 19
d. LOCAL
.00
37. REMARKS ADDED
AWOMMEHT
[� d. DEFERRED
a. OTHER
.00
❑ 0. wITHORAEEN
I. TOTAL
f 00
❑ Yes • ❑No
38.
a. In taking above action, airy ammanta realved from deeringbouam were an.
sidand. if agency rapaua Is due under previsions of Put 1. ChIB Grwlar A-95,
D. FEDERAL AGENCY A-95 OFFICIAL
(Name and toesphone no.)
FEDERAL AGENCY
It has ban or Is balup made.
A-95 ACTION
424 -101
STANDARD FORM•424 -PAGE 1 (10 -75)•
Prescribed by GSA. Federal 4fas cram nt Circular 74-7
1
'y,` ,r r i r'r''nt, ..t'�, +. +:..�e :n:a�,Y r Y.:.,r'C= ��. � -y,. r <.•� �-� � a .�. r Ny.;r.
SECTION IV— REMARKS (Please reference the proper item number fram 5eetiorw I, II or III, if applicable) •
22b. 15 copies of the Negative Declaration of the EIR, 1 copy of the pre application, and
1 completed copy of form CA 189 will be submitted to the State of California
clearinghouse on this project for a 30 day review according to A -95 proceedures.
STANDARD FORM 424 PAGE 2 (10-7.33)
t�
b
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IWL
l'1
9 ,
JJi
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i
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a
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A
`1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CITIZEN PARTICIPATION CERTII+ICATION
Los Angeles Area Office
The applicant hereby certifies compliance with Sections 570.303(e)(4)
and 570.402(g) of the Community Development Block Grant Program
Regulations, and that prior to submission of this preapplication
the applicant has:
(i) provided citizens with adequate information concerning
the amount of funds available for proposed community
development activities, the range of activities that
may be undertaken, and other important program require-
ments;
(ii) held, at least two public hearings to obtain the views
of citizens on community development needs; and
(iii) provided citizens an adequate- opportunity to articulate
needs, express preferences about proposed activities,
assist in the selection of priorities, and otherwise
to participate in the development of the application.
AaSt —M
Date
� l'�°r'�4 -.^�' ; P. 3° .? - �: • ' ;: i � r,i• � ;(" 7I'^:Ty �- rk^.s�..� .n 'l •'.�` 4v.�`s. ',
J
RESOLUTION NO. 3208 (1976 Series)
A RESOLUTION OF INTENTION TO ABANDON A
PORTION OF SWEENEY LANE.
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 a portion
of Sweeney Lane shown on the map marked Exhibit "A" attached hereto and
i.ncorporated herein by such reference, pursuant to Division 9, Part 3, Chapter 2
of the Streets and Highways Code.
2. Copies of the map and agreement showing the particulars of the proposed
abandonment are also on file in the Office of the City Clerk.
3. Tuesday, January 18, 1977, 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 (3) 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 (3) notices of the proposed
abandonment along the portion of the street proposed to be abandoned at least ten
(10) days before the date set for hearing in accordance with 8322 of the .Streets
and Highways Code.
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 21st day of December , 1976.
ATTEST:
./eity Clerk
Resolution No. 3208
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
DE LA MOTTE & LILT EY, INC.
City Attorney �1
l
- dqj�- -
By Allen Grimes
rb: 12/13/76
(1976 Series)
Approved as.to content:
City Administrate Officer
City Engeer
ji
BROAD 5T.
W
W
Y
J
LU
Q
KOCKYIEW PLACE
}
W
north
®AKEA, TO 6E
AE5^N DONED
EIKi d 'i IT "A"
v
RESOLUTION NO. 3207 (1976 Series)
A RESOLUTION MAKING ADJUSTMENTS IN THE CURRENT
ANNUAL SALARY RESOLUTION.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
Section 1. That the current salary resolution be modified to pay
Carl Young an extra $70.00 a month. from December 6, 1976 as long as
he serves as Acting Utilities Superintendent.
Section 2. That Don Englert be paid an extra $100.00 a month for
the period July 1, 1976 to November 30, 1976 when he served as Acting
Police Chief.
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 21st day of December ,
Approved as to form:
W ENDT, MITCH L. SINSHEIMER_,
DE LA MOTTE & ILLEY, INC.
City Attorney
By Allen Grimes
Approved as to content:
City Administrative Offi — _
RESOLUTION NO. 3206 (1976 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING EXTENSION OF AN
AGREEMENT WITH WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY, FOR SERVICES AS CITY
ATTORNEY.
BE IT RESOLVED by the Council of the :City of San Luis
Obispo as follows:
Section 1. That certain agreement dated June 24, 1976,
a copy of which is on file in the Office of the City Clerk,
between the City and Wendt, Mitchell, Sinsheimer, de la Motte
& Lilley, for services as City Attorney, is hereby extended to
and including June 30, 1977, and the Mayor is authorized to
execute an amendment thereto.
Section 2. The City Clerk shall.furnish a copy of this
Resolution together with an executed copy of the amendment to:
Wendt, Mitchell, Sinsheimer, de la Motte & Lilley.
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 21st day
Of December , 1976.
ATTEST:
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILEY
City Attorney
By Allen Grimes
Approved as to content:
City Administrative Officer
(7)
RESOLUTION NO. 3205 (1976 Series)
A RESOLUTION OF THE.COUNCIL OF THE CITY OF SAN
LUIS OBISPO CALLING FOR REFORM OF THE CRIMINAL
JUSTICE SYSTEM.
WHEREAS, the City Council of the City of San Luis Obispo,
along with the citizens of our city, are frustrated with and
resentful of the growing failure of our criminal justice system
to deter crime and punish criminals; and
WHEREAS, we believe that this failure, particularly in the
area of juvenile crime, has resulted in a serious loss of faith
in the ability of our institutions to insure the simple order
that is a necessary prerequisite to the preservation of individual
rights and freedoms and
WHEREAS, we fear that many of our people will abandon their
traditional reliance on the rule of law and either retreat behind
bars and personal weapons or resort-.to vigilante solutions to
neighborhood crime; and
WHEREAS, we assert that nothing less than fundamental reform
of the California criminal justice system will restore the
people's confidence in the rule of law and the ability of our
traditional forms of government to provide security for the law -
abiding citizen; and
WHEREAS, we urgently solicit the attention of those with
power to effect change. while we are not lawyers, criminologists,
sociologists or otherwise expert in crime and punishment, we as
elected government officials are closer to the people and feel
that we hear their message sooner and clearer. Th s:..is what
we hear:
Dissatisfaction with the status quo is so advanced
that changes should be attempted even if proposed
solutions or new ideas are.:not perfectly conceived and
certain of success. In other words -- DO SOMETHING.
RDM:ktm 12/15/76
People will support the tax effort necessary to fund
true reform of the system but deeply resent the continued
tax support of a system that just.isn't working. Specif-
ically more emphasis should be placed on detention and
restitution and less on rehabilitation and probation.
Reform should emphasize the positive power of work as
a partial solution to the related problems of idleness
and crime.. There is nothing cruel and unusual-in good
hard work.
People want support for the victims of crime and also
for witnesses, jurists and other citizens who bolster the
efforts to control crime without the compensation received
by the professionals.
The administration of justice should be flexible and
responsive to proper local concerns. Local crimes.should
be locally adjudicated. Minor infractions and.juvenile
crimes particularly need the attention of jurists responsive
to the needs of their communities. Simpler, swifter
procedures commensurate with the seriousness of the
violation are badly needed.
NOW, THEREFORE, BE IT RESOLVED that the Council of the
City of San Luis Obispo holds an optimistic belief that we
have in our midst the talented creative individuals capable of
devising a system that works. Energies should be directed to
that task rather than on attempting to place'blame for the
current shortcomings. By and large, the incumbents of the
current system, judges, prosecutors, prison officials and
probation officers endeavor to do difficult work with dedication
and integrity. Public anger should only be directed at those
who resist necessary change out of habit or special interest.
BE IT FURTHER RESOLVED that we pledge our efforts in
support of reform. We urgently solicit the aid of our fellow
cities, our legislators and all others with the power to make
a difference in this effort to restore a sense of safety and
security to our communities.
Pnm- lei-rn l8' /lS /'7G
Pace 2
0
�J
The City Clerk is hereby directed to send.copies of this
Resolution to the League of California Cities, State Senator
Robert Nimmo, Assemblywoman Carol Hallett, and other individuals
and organizations able to assist.in this effort.
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 21st day
of 'December 1976.
ATTEST:
rk _
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILTY
City Attorney II
By Allen Grimes
Approved as to content:
rn
City Adminis rata e 0 `cer
RDM:ktm 12/15/76 Page 3
RESOLUTION NO. 3204 (1976 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO PROTESTING THE PRACTICE
OF THE DEPARTMENT OF MOTOR VEHICLES OF
SELLING THE NAMES AND ADDRESSES OF CITIZENS
UPON REQUEST TO ANY INDIVIDUAL OR COMPANY
SO REQUESTING AND URGING REPEAL OF THE LAW
AUTHORIZING THIS PRACTICE.
WHEREAS, all citizens of the State of California have a
right to privacy and security in their homes; and
WHEREAS, the Department of Motor Vehicles is authorized
by Vehicle Code Section 1810 to .sell information from its
records concerning the registration of any motor vehicle,
including the name and address of the registrant, as indicated
in Exhibit "A ", attached hereto, incorporated by reference and
made a part hereof; and
WHEREAS, the Department of Motor Vehicles does sell such
information; and
WHEREAS, criminals use such information in selecting
victims for rape and robbery; and
WHEREAS, such information may also be used to find the
home address of police officers, subjecting them to harrassment
and possible threats; and
WHEREAS, such information isused.by advertisers for dis-
semination of unsolicited junk mail to all citizens; and
WHEREAS, no discernible public purpose is served by the
sale of such information; and
WHEREAS, this.practice.results in an invasion of the
privacy of the citizens of San Luis Obispo and all citizens
of the State of California.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of San Luis Obispo as follows:
Section 1. That on behalf of the citizens of:the City of
San Luis Obispo, the City Council objects to the practice.
described in this resolution and requests its termination.
ktm 12/15/76
Resolution No. 3204 (1976 Series)
Section 2. That the City Clerk be hereby directed to
send copies of this Resolution to: The Governor of the State
of California, Edmund G. Brown, Jr.; State Senator Robert
Nimmo; Assemblywoman Carol Hallett; Herman Sillas, Director of
the Department.of Motor Vehicles; the League of California
Cities.
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 21st day
Of December , 1976.
AT -TEST:
y Clerk
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
Approved as to content:
City Adm- inistrativ fficer
ktm 12/15/76 Page 2
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Can a license plate be hazardous
to your safety ?. For 75 cents the
Department of Motor Vehicles
Any crook can
buy your name
By 1'hil Colonnelli
Staff writer
Staff photo by Phil Colonnelli
will tell you who this young lady
is and where she lives.
I Anyone can find out who you are and where you live
if they've got 75 cents in their pocket and know your
' ear's license number.
And they don't e'en have to provide the Department
of Alotor Vehicles with a Valid reason for requesting
the information.
Police say the result has been use or the information
for criminal purposes
' It's all possible because of Vthicle Code section 1610:
"the department may sell information from its
records concerning the registration of any vehicle at a
charge sufficient to pay the actual cost to the depart-
ment for providing the information."
That law has been on the bunks since 1915.
"Criminals have known about this for many years
l says Lt Robert Craw, eomm:,nder of Vic Inglewood
Police Departmcut's crime plevenunn hureau.
"1'm sure that the clfurmatwn is u.ed for many
lhmgs; ' adds Cat-ilyl, Dalt•y, a:.sistant manager of the
Licence -M. col. 1
THE SOUTH BAY DAILY BREEZE
Sunday, September 5, 1976
EXHIBIT A
page 1 of 2
No. 32047JPage 4
i;
License
From pagNAI
Department of Motor Vehicles office in Hawthorne.
The information about a car's registered owner is a
matter of public record and anyone can obtain it.
DMV form 443 is filled out and 75 cents is given the
clerk. Within five working days the information is
mailed and the department doesn't even keep a record
of the request.
To test the system The Doily Breeze took the License
number and car make of one of its single female
reporters to the Hawthorne DMV office and completed
the form.
In four days the name and address of the woman was
obtained, no questions asked. To say that she was
shocked to see a state form bearing her full name and
address would be an understatement.
The information has been used in the past to locate
attractive women seen driying their cars, police say.
In sexual assaults where the victim does not know
the attacker. police say this is one way victims are
selected and identified.
"There is no question that a person'sprivacy is being
Invaded," says Lt. Craw.
He notes that the state Legislature cancelled a
vehicle section some years ago that required all car
registrations to be visible from outside the vehicle.
"It seems on one hand the law offers protection by .
removing the registration, from plain sight in the car
and then takes it away by giving the information out
for a small fee," Craw says.
Since the DMV keeps no record of who requests the
information, it makes it impossible for police to trace a
possible criminal by a backcheck of the license data.
Ironically, when the information request is submit-
ted to the DMV a form is signed which reads: "1 certify
under penalty of perjury that I have a legitimate and
valid reason for requesting information on the listed
fndividual's vehicle and that the information will not be
used for unlawful purposes."
Such a disclaimer is hardly likely to stop a criminal.
Craw says the only way to get around the problem is
to have a car registered to a post office box.
Page 2 of 2
n
STATE OF CALIFORNIA -+ BUSINESS ANwT RANSPORTATION AGENCY
OFFICE OF THE DIRECTOR
DEPARTMENT OF MOTOR VEHICLES
P. O.. BOX 1828
SACRAMENTO, CA 95809
p1a.
(916) 445 -5281
January 6, 1977
Mr. J. H. Fitzpatrick
City Clerk
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93406
Dear Mr. Fitzpatrick:
This is in response to a copy of your
j (1976 series) notifying me of the
Luis Obispo concerning the selling
Department of Motor Vehicles' records.
City Council` ( Resolution No..
action taken by the—i 1-ty of
of information from the
As you may know, the records of the Department of Motor`Vehicles,
generally, are officially classed as public records and °:as such are
open to public inspection. The only exceptions are records '."pertaining
to the physical or mental condition of drivers. Furthermo'r'e, the
Vehicle Code provides for the sale of releasable information 'from
these records by the department.
The problem of availability of such records has been one of great
concern to the Legislature for several years. Repeatedly., prohibiting
legislation has been introduced but failed to pass. In defense, the
legislators are faced with the dilemma between a segment of the popu-
lation which feels all government records should be open to public
inspection and the other segment which wants them confidential..
The action which your City Council has taken of protesting this practice
to the members of the State Legislature appears to be the most appro-
priate way to make your views known. As long as the records of the
Department of Motor Vehicles are public records, the department does
not have the authority to stop the sale of these records.
I appreciate your concern and hope this explanation is sufficient. If
yo4-have additional questions, please feel free to contact us.
Syn�erely,
HERMAN SILLAS
Director
a►s�: soy eRev. 12)")
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RESOLUTION NO. 3203 (1976 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO OPPOSING THE REDISTRIBUTION
OF SALES TAX REVENUES ON THE BASIS OF POPU-
LATION.
WHEREAS, statutory authority to levy a sales tax was
authorized to the cities of California in 1948 to provide said
cities with new revenues and to relieve the property owner of
greater tax burden; and
WHEREAS, said authority was revised in 1955 under the
Bradley -Burns Uniform.Local Sales and Use Tax Law to provide
statewide uniformity in administration of the tax; and
WHEREAS, the present method of allocating sales tax
revenues to cities is based upon a percentage of the gross
receipts of all retail sales within a city; and
WHEREAS, many cities in California have voluntarily,
through their long =range planning and zoning powers, restricted
the development of sales tax revenue -- providing land uses while.
actively promoting the development of more aesthetically desirable
residential uses; and
WHEREAS, other cities in the State have voluntarily per=
mitted the development of the commercial and industrial land
uses which generate sales tax revenue, while recognizing the
significant additional costs to the city and the problems
associated with such land uses, and
WHEREAS, an effort is now being made to persuade the State
Legislature to institute a reform in the distribution of sales
tax revenue through a per capita formula; and
WHEREAS, such a per capita distribution would be grossly
unfair to cities such as San Luis Obispo which have actively
promoted the development of commercial and industrial land
uses.
RDM:ktm 12/15/76
NOW, THEREFORE, BE IT RESOLVED that the -Couricil of the
City of San Luis Obispo is opposed to any change in the Local
Sales and Use Tax Law which would,redistribute sales tax - 'revenues
solely on the basis of population.
BE IT FURTHER RESOLVED that copies of this Resolution be
sent to the Finance Committees of the State. Legislature, to
the League of California Cities, Senator Robert Nimmoi Assembly-
woman Carol Hallett, And other key officials and organizations!
On tot-ion of Councilman Gurnee Councilman
seconded by
Graham and on the following toil call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson
and Mayor Schwattz,
NOES-. None
ABSENT: None
the foregoing Resolution was passed and adopted this 21st day
of December-.-, 1976.
ATTEST:
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
RDM:ktm 12/15)76
Approved as to content:
City-Administratjv'\Off1cer
Page 2
WJML:PLMcE:bz 12/8/76
RESOLUTION NO. 3202
A RESOLUTION AMENDING RESOLUTION NO. 3177, A
RESOLUTION CALLING FOR BIDS ON SALE OF IMPROVE-
MENT BONDS
McMILLAN SEWER ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of San.Luis Obispo,
San Luis Obispo, California, that
WHEREAS, this Council did on the 16th day of November, .1976,
duly adopt its Resolution No. 3177, entitled "A_ Resolution.Calling
for Bids on Sale of Improvement Bonds "; and
WHEREAS; it now appears necessary -to change the date for the
calling of bids on the bonds to January 18, 1977;
NOV, THEREFORE, it is hereby FOUND, DETERMINED, and.ORDERED
as follows:.
That Section 1 of said Resolution be amended to read as
follows:
"1. The Clerk of said City be, and he is hereby, directed
to call for bids for the sale of improvement bonds to be issued.
pursuant to Resolution of Intention No. 3024, adopted by this Board
on April 5, 1976. The Notice of Sale, in form to be prepared by
Wilson, Jones, Morton & Lynch, shall be given by the Clerk causing
copies thereof to be mailed to the various banks and bond houses
interested in the purchase :of such bonds at least ten days before
the date of.sale of said bonds. Said bids are to be received at
2:00 p_.m, on January 18, 1977, and will be referred to and con-
sidered by the City Council at its meeting on said day."
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 field on the
21st day of December; 1976, by the following vote of the members
thereof: on motion of Ooimcilman Gurnee, seconded by Councilman Graham
AYES, Councilmembers: Grahmn, Gurnee, Norris, Petterson
and Mayor Schwartz
NOES, Councilmembers: None
ABSENT, Councilmembers: None
Clerk of the City of-
San
Luis Obispo
WJML:PLMcE:bz 12/8/76
RESOLUTION NO. 3201
A RESOLUTION AMENDING RESOLUTION N0. 3176, A RESO-
LUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING
FOR THE ISSUANCE OF BONDS
McMILLAN SEWER ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of San Luis Obispo,
San Luis Obispo County, California., that
WHEREAS, this Council did on the 16th day of November, 1976,
duly adopt its Resolution No. .3176, entitled "A Resolution Deter-
mining Unpaid Assessments and Providing for Issuance of Bonds,
McMillan Sewer Assessment District "; and
WHEREAS, it now appears necessary to change the date of the.
bonds to February 8.,
NOW, THEREFORE,
as follows:
1977;
it is hereby FOUND, DETERMINED, and ORDERED
1. That.Section 3 of said Resolution be amended to read as
follows:
"3. That the unpaid list is in the amount of $58,619.87,
and bonds shall be issued upon the security of said unpaid assess-
ments in said amount in accordance with the provisions of said
Improvement Borid Act of 1915 (Division 10 of the Streets and High-
ways Code) and under and pursuant to the provisions of said
Resolution of Preliminary Determination and of Intention and the
proceedings thereunder duly had and taken. Said bonds shall be
dated February 8, 1977, be designated Series EE, be payable at
Bank of America National Trust and Savings Association„ the Paying
and Registration Agent of the City, at its principal office in
San Francisco, California, bear interest from their date to their
respective dates of maturity at the rate -of not to exceed eight
percent (8 %) per annum, represented by coupons payable,on
January 2 and July 2 of each year, commencing on January 2, 1978,
and the denomination of said bonds and their respective numbers and
dates of maturity are as shown on Exhibit "B" hereto attached and
made a part hereof by reference.
2. That Section 7 of said Resolution be amended to read as
follows:
"7. The coupons shall be numbered consecutively and be
substantially in the. following form, to wit:
The CITY OF SAN LUIS OBISPO, California, will,
on the due date hereof,..unless the bond specified
herein is redeemed prior thereto, pay to bearer
the sum hereon at BANK OF AMERICA NATIONAL TRUST
AND SAVINGS ASSOCIATION, the Paying and Registration
Agent of the City; at its principal office in .
San Francisco, California, as interest on its
IMPROVEMENT.BOND designated McMILLAN SEWER ASSESS-
MENT DISTRICT, SERIES EE, dated February 8, 1977,
bearing No.
Treasurer, City of San Luis Obispo
Due 2,
Coupon No.
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
21st day of December, 1976, by the following vote of the members
thereof: on motion of Councilman Gurnee, seconded by Councilman Graham,
AYES, Councilmembers
NOES, Councilmembers
ABSENT, Councilmembers
Graham, Gurnee, Norris, Petterson
and Mayor Schwartz
None
None
y Jerk o the City o
San Luis Obispo
-2-
RESOLUTION NO. 3200
.z
WJML:PLMcE;bz 12/8/76
A RESOLUTION APPROVING NOTICE OF SALE AND OFFICIAL STATE-
MENT, AUTHORIZING AND DIRECTING ITS EXECUTION BY THE
CITY CLERK,AND AUTHORIZING, DIRECTING, AND APPROVING ITS
DISTRIBUTION
McMILLAN SE14ER ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of San Luis Obispo,
San Luis Obispo County, California, that
WHEREAS, this Board proposes to issue and sell not more than
$58,619.87 principal amount of improvement bonds, McMillan Sewer
Assessment District;
WHEREAS, pursuant to this Council's authorization, Bond Counsel
has prepared and presented to this Board a Notice of Sale and
Official Statement containing information material to the offering
and sale of said improvement bonds; and
WHEREAS, this Board has reviewed the Notice of Sale and Offi-
cial Statement, has made,.such corrections and additions thereto as
it deems proper, and has determined that it contains no misstate-
ments or omissions of material facts;
NOW, THEREFORE, IT IS ORDERED as follows:
1. The Notice of Sale and Official Statement is approved
for distribution in the offering and sale of not more than $58,619.87
principal amount of improvement bonds, McMillan Sewer Assessment
District.
2. The City Clerk is authorized and directed to execute the
Notice of Sale and Official Statement on behalf of the City of
San Luis Obispo.
3. Bond Counsel, on behalf of the City and its City Clerk,
is authorized and directed to_cause the Notice of Sale and Offi-
cial Statement to be distributed to such municipal bond broker-
dealers, to such banking institutions, and to such other persons
as may be interested in purchasing the bonds therein offered for
sale.
� +-
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
21st day of December, 1976, by the following vote of the members
thereof: on motion of Councilman Gurnee, seoonded by Councilman Graham,
AYES, Councilmembers : Graham, Gurnee,, Norris, Petterson
and Mayor Schaartz
NOES, Councilmembers: None
ABSENT, Councilmembers: None
CoEty Clerk o the City of
San Luis Obispo
-2-