HomeMy WebLinkAbout3248-3273RESOLUTION NO. 3.273 (1977 Series)
A RESOLUTION OF THE COUNCIL OF -THE CITY OF
SAN LUIS, - OBISPO APPROVING AN AMENDMENT TO
A MEMORANDUM.OF UNDERSTANDING BETWEEN THE '
AREA PLANNING COUNCIL AND THE DEPARTMENT
OF TRANSPORTATION REGARDING THE REGIONAL
TRANSPORTATION PLANNING AGENCY..
BE IT RESOLVED by the Council of the City of.San Luis Obispo
as follows:
Section 1. This Council hereby approves an amended Memorandum
of Understanding between the 'San Luis Obispo County ,and Cities Area
Planning Coordinating Council and the State Department of Trans_.
portation delineating the Area Council's responsibilities as the
Regional Transportation Planning Agency for San.Luis Obispo County.
The amended Memorandum of Understanding is attached hereto marked
Exhibit "A" and thereby incorporated herein.
Section 2. The City Clerk is hereby directed to forward a
copy of this Resolution to the Area Planning Council.
On motion of Mayor Schwartz seconded by Councilman
Petterson and on the following roll call vote:
AYES: Councilmen Graham, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilmen Gurnee and Norris
the foregoing Resolution was passed and adopted this 15th day of
March. 1977.
R '3772
.Resolution No. 327.3 (1977 Series)
Approved as to forms Approved as to content:
gE_NDT, MITCHELL, SINSHEIMER,
de la.MOTTE & L LEY
City Attorney
' City Administrat-Tv4.0fficef
By Allen Grimes
Wt TEine&r
- -- - -
lCommunit delobpifient Director
FIFTH DRAFT. PROPOSED 4 ENDMENTS TO THE EXISTING MEMO OF UNDERSTANDING
BETWEEN THE AREA COU1 : AND THE STATE, DELINEATING T AREA COUNCIL'S
RESPONSIBILITIES AS Tht RTPA FOR SAN LUIS OBISPO COUMi -
MEMORANDUNI OF UNDERSTANDING
COMPREHENSIVE TRANSPORTATION PLANNING
*NONURBANIZED REGIONAL TRANSPORTATION PLANNING AGENCY
This Memorandum of Understanding is entered into by the San.Luis Obispo County
Area CounciZ of Governments, the designated Regional Transportation Planning
Agency, and the State of California-acting by and through the Department both
referred to herein as Parties.
ARTICLE I
RECITALS
Chapter 2.5 (commencing with Section 65080) of Title 7 of the Government Code
requires each Regional Transportation Planning Agency to prepare or have pre-
pared a proposed regional 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.
THEREFORE, the Parties agree as follows:
ARTICLE II
COOPERATIVE ARRANGEMENTS
1. The Parties shall provide organizational and working arrangements for meet-
ing the general requirements of Chapter 2.5 (commencing with Section 65080)
of Title 7 of the Government Code. As a minimum, it is agreed the Regional
Transportation Planning Agency will establish and maintain a Policy Advisory
Committee and a Transportation Technical Advisory Committee.
The Policy Advisory Committee shall consist of the members of the Regional
Transportation Planning Agency with the California Director of Transpor-
tation (or designated alternate) as an ex- officio (non - voting) member.
The Policy-Advisory Committee shall be advisory to the Regional Transpor-
tation Planning Agency on all matters relating to the regional transporta-
tion 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. The Transportation Technical Ad-
visory Committee shall consist of voting members appointed by the Transpor-
tation Planning Agency and can include the Director of Public Works /City En-
gineer and Director of Planning /Community Development Director, or their
equivalents of each city and county included in the area served by the Re-
gional Transportation Planning Agency, or any qualified person within each
citzl and count7j in -lieu of the above; the Transportation Planner and Trans-
portation Studies Engineer from the State of California, Department of Trans-
portation, District 5; the County Airports Manager, the City of Paso Robles
Airport Manager, the Port San Luis Harbor blaster, the Head of the California
Polytechnic State University Transportation Engineering Department and the
manager of the Countywide Transit District (when formed).
A quorum shall consist of representation from a majority of the designated
voting agencies. Additional ex- officio (non - voting) members generally includ-
ing persons concerned and involved in transportation, such as law enforcement
agencies, utilities, private transportation operators, etc., may also be appoint-
ed to the TTAC by the Regional Transportation Planning Agency.
The Transportation Technical Advisory Committee shall assist in the prepara-
tion and maintenance of the regional transportation plan and be advisory to
the Policy Advisory Committee on all matters relating to the Regional Trans-
portation Plan. Any voting member of the Transportation Technical Advisory
Committee may designate an alternate from their teclulical discipline. (Plan-
ning, engineering, airports, harbors, transit, etc.)
*NONURBANIZED REGIONAI. TRANSPORTATION PIA.'N"NING AGENCY IS DEFINED AS A RTPA KiIGI
IS NOT CONDUCTING AN URBANIZED AREA TRANSPORTATION STUDY UNDER nIIE 3C PROCESS.
-1-
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2. The Parties shall establish a Transportation Planning Work Program which
! fulfills the requirements of this Article.
The Transportation Planning Work Program shall include all matters required
by law, including, but not limited to, the items referred to in Sections
65081 and 65082 of the Government Code. It should fulfill the requirements
of 'comprehensiveness' which are based ,on, logical sequences in timing of pro-
gram 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 and submitted to
the State Department of Transportation prior to January 1 of each
year.
b. The Transportation Planning Work Program may be modified, altered,
revised or expanded at any other time as the Parties may determine.
ARTICLE III
REPORTS, RECORDS AND AUDITS
1. The Regional Transportation Planning Agency shall establish and maintain
accounting and reporting procedures that conform to uniform standards
established by the California Department of Transportation. Reports
shall include work plans, current year budget - financial plans and reports
of accomplishments.
2. All fiscal and accounting records and other supporting papers shall be
maintained for a minimum of four years following the close of the fiscal
year of expenditure and until an audit has been performed by the Depart-
ment of Transportation. The Department may perform fiscal, compliance
and performance audits.
ARTICLE IV
GENERAL PROVISIONS
1. Neither Party shall be obligated for the
required by law, until such time as the
work program is adopted by the Regional
and approved by the State Department of
is anticipated that the State will agree
tation planning and related work.
expenditure of funds except as
annual transportation planning
Transportation Planning Agency
Transportation. Generally, it
to participate in all transpor-
2. It is not the intent of this Memorandum that either of the Parties shall
assume responsibility for any phase of planning for the other Party, but
rather that the planning of the Parties shall be property coordinated to
the maximum mutual benefit.
3. This Memorandum constitutes an expression of desire for a means of accom-
plishing the general requirements for a comprehensive transportation plan-
ning process in the area served by the Regional Transportation Planning
Agency and may be modified, altered, revised or expended, as deemed appro-
priate to that end by written agreement of the Parties.
IN WITNESS W[1EREOF, the Parties hereto have caused this Memorandum of Understand-
ing to be executed by their respective officers, duly authorized.
San Luis Obispo County Area
Council of Governments
President
DATE:
State of California
Department of Transportation
Director of Transportation
DATE:
-2- . , I 1 7 n^ � 11 rl
APPROVED AS TO FORA AND LEGAL EFFECT
District Attorney, San Luis Obispo
DATE:
BY:
Deputy District Attorney
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & L LEY
City Attorney
CITY OF SAN LUI OBISPO
By Allen
APPROVED AS TO FORM AND PROCEDURE
Attorney for State of California
DATE:
BY:
District Director of Transpor-
tation: APPROVAL RECOMMENDED
Approved as to content:
A
City Administrati-N Officer
CITY OF SAN LUIS OB PO
-3- _
C
RESOLUTION NO. 3272 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO APPROVING TRANSFER OF
THE CABLE TELEVISION FRANCHISE OF CENTRAL
CALIFORNIA COMMUNICATIONS CORPORATION TO
A WHOLLY OWNED SUBSIDIARY CORPORATION
KNOWN AS SONIC CABLE TV.
WHEREAS, the Central California Communications Corporation
was granted a franchise to furnish cable television services to
the residents of the City by provisions of Resolution No. 1115
dated April 1, 1963; and
WHEREAS, the Central California Communications Corporation
has recently approved a plan of reorganization so as to accomplish
a division of the Central California Communications Corporation
among the existing shareholders; and
WHEREAS, the assets of the Central California Communication
Corporation comprising the cable television systems in the City
of San Luis Obispo, San Luis Obispo County, Morro Bay, Paso Robles,
Pismo Beach, Arroyo Grande, Grover City, Capitola, Watsonville and
Santa Cruz, are being transferred to a subsidiary corporation in
exchange for all the stock issued by the subsidiary; and
WHEREAS, said subsidiary corporation will be known as
SONIC CABLE TV; and
WHEREAS, the Central California Communications Corporation
has requested transfer of its benefits and obligations to the
new subsidiary corporation.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of San Luis Obispo as follows:
ktm 3/1/77 R 3272
Resolution No. 3272 (1977 Series)
Section 1. All benefits and obligations granted to the
Central California Communications Corporation by the provisions
of Resolution No. lli5, adopted April 1, 1963, are hereby trans-
ferred to SONIC CABLE TV, as of the date of this Resolution.
Section 2. The said SONIC CABLE TV, franchisee, hereby
accepts terms of the aforesaid transfer of rights and duties
and agrees to perform all the obligations imposed upon the
franchisee by the terms of said franchise resolution.
On motion of Councilman. Petterson . , seconded by Mayor
Schwartz , and on the following roll call vote:
AYES: Councilmen Pettersofi, Graham and Mayor Schwartz
NOES: None
ABSENT: Councilmen Norris and Gurnee
the foregoing Resolution was passed and adopted this 15th day
of March , 1977.
ATTEST:
y Clerk J.H. Fitzpatrick
Approved as to form:
wENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
ktm 3/1/77
Approved as to content::
-2-
i
Resolution No. .3272.
ACCEPTANCE OF FRANCHISE
(1977 Series)
SONIC CABLE TV, a California Corporation, hereby promises
agrees and undertakes during the life of the transferred franchise,
to perform.all of the terms, conditions, provisions, obligations,
dated herein and be subject to the liabilities and restrictions
of said franchise and the laws and ordinances of the City, and
subject to all rights, powers and privileges reserved and
reservable to City and its officers as in said laws and ordinances
contemplated and provided.
Dated:
ktm 3/1/77 1 -3-
SONIC CABLE TV
A California Corporation
a-21;;L � L -
Pre- dent
- RESOLUTION NO. 3271 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO CHANGING THE NAME OF
A STREET IN-TRACT NO. 444 FROM. "CACHUMA.
DRIVE" TO "DIABLO DRIVE."
WHEREAS, a.portion of Tract 444 was recorded in Book 8,
Page 85 of Maps on March 4, 1976, and contained a street bearing
the name "Cachuma Drive "; and
WHEREAS, the name "Cachuma_Drive" was alread in use for
a private street in Chumash Village Mobile Home Park; and
WHEREAS, in the interest of public safety and.welfare and
to avoid future.confusion brought about by the duplicate names;
NOW, THEREFORE,--BE IT RESOLVED:by the Council ;of,the City
of San Luis Obispo as follows:
SECTION 1. That the name: "Cachuma Drive" in Tract 444 be
changed on the Tract Map to read "Diablo Drive."
SECTION 2. That the City Engineer''be.directed -to .
record the name change wherever necessary.
On motion of Councilman Petterson , seconded by. Councilman
Graham and on the following roll call vote:
AYES: Councilmen Graham, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilmen Gurnee and Norris
the foregoing Resolution was passed and adopted this 15th day
of March, 1977.
ATTEST:
R 3271
Resolution No 327-11' Series)
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By "Allen Grimes
• Approved. a5 to content:
City AdminiTti a Officer
RESOLUTION NO. 3270(1977 Series)
A RESOLUTION OF INTENTION TO ABANDON
A PORTION OF WOODBRIDGE STREET.
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 Woodbridge 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.
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, April 59 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.
6. The proceedings to be taken" will be subject to reservation by the City
of public easements described on Exhibit "B" attached hereto and incorporated
herein by reference.
On motion of Councilman Graham seconded by Councilman Petterson
and on the following roll call vote;
R 3270
I
Resolution No. 3270
AYES: Councilmen Graham, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilmen Gurnee and Norris
the foregoing Resolution was passed and adbf
ATTEST:
(1977 Series)
this 15th day of March 91977.
C' Uleft
Approved as to content:
Approved as to form: ,
WENDT, MITCHELL, SI SHEIMER, City Administrativ Office
DE LA MOTTE & LILLE , INC.
City Attorney A
By Allen Grimes
City E i eer
jj: 2/24/77
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44
EmAREA NO AF-
A&WDONP-D
Exhibit A
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Exhibit B
A perpetual easement to maintain, repair, replace, enlarge, operate
and remove a public water and sewer line and appurtenances and for
pedestrian access.
That portion of Lot 10 of the Beebee and Phillips Tract in the City
of San Luis Obispo, County of San Luis Obispo, State of California
recorded December 1874 in Volume A at page 44 in the office of the
County Recorder.
Beginning at the Northeast corner of Lot 3 of Parcel Map SLO 73 -202
recorded in Book 11 at Page 92 of Parcel Maps, thence North 0 °20'22"
East a distance 60.00 feet to the northerly line of Woodbridge as
shown on said Parcel Map, thence North 89 033'21" West a distance of
110.00 feet, thence South 00 °27'39" West a distance of 60.00 feet to
the southerly line of Woodbridge St., thence South 89 °33'21" East along
said southerly line of Woodbridge Street to the P.O.B.
Note: the precise location and width of the easements may be revised
when further information-is available, subject to Council approval.
RESOLUTION. No.. 3269" (1977 Series).
A RESOLUTION OF'THE COUNCIL OF THE CITY
OF *SAN LUIS OBISPO DECLARING THE RESULTS
OF A GENERAL MUNICIPAL ELECTION HELD
MARCH 8, 1977..
WHEREAS, a General Municipal Election was held in the City
of San Luis Obispo on the 8th day of. March, 1977, which election
was duly held and conducted in the manner provided by the Charter
of the City of San Luis Obispo, and as provided by law for the
purpose-of electing a Mayor and two (2) City Councilmen; and
WHEREAS, within seven (7) days after such election, the
County Clerk was appointed as a canvassing board and duly can=
vassed the returns of the votes cast at each of the precincts
of.said election; and
WHEREAS, a statement of the results of said election.has
been duly entered by the City Clerk in the minutes and records
of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of San Luis Obispo that:
Section 1. The whole number of votes cast in said election
within the City of San Luis Obispo was 8,807
Section 2. The names of the persons voted for,, the office
for which each person was voted for, the number of votes given
at each precinct to each person and measure, and the total.number
of votes given to each person and measure, are shown by the tab-
ulation of votes, marked Exhi bit . "A" and attached hereto, and
by this reference incorporated'heren as though fully set forth.
Section 3., KENNETH E:_SCHWARTZ, the candidate.having
received the highest number of votes cast at said election for the
R 3269
Resolution No. 3269 (1977 Series)
office of Mayor, is hereby declared _elected to such office for
the term prescribed.by the City-Charter.
Section 4.. JEFF JORGENSEN and RONALD DUNIN, the two
candidates having received the highest number of votes cast-at
said election for the office"of City Councilman, are and each of
them is.hereby declared elected to such office for the term
prescribed by the City Charter:
Section 5. The City Clerk is hereby directed to sign and
deliver to each of said Kenneth E. Schwartz, Jeff Jorgensen and
Ronald Dunin a certificate of election certifying to his election
to his respective office, as hereinbefore set forth.
On motion of. Councilman P_etterson, seconded.by Councilman
Graham ; and on the following roll call vote:
AYES: Councilmen Graham, Petterson and Mayor Schwartz
NOES None
ABSENT: Councilmen Gurnee and Norris
the foregoing Resolution was passed and adopted this 15th day
of March, 1977. .
ATTEST:
pproved'as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & L LEY
City Attorney
Allen- Grimes -
Approved as to content:
City
Admin igtrativ Officer
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CONSOLIDATED PRECINCT LOCATIONS
53 Veterans Building, 801 Grande Ave. (City 1 -2)
54 City Hall, 990 Palm Street (City 3 -4)
55 City Hall, 990 Palm Street (City 5 -11)
56 Old Mission Meeting Hall (City 8 -9 -10)
57 County Office of Education, Sierra Way (City 12- 31 -32)
58 St. Stephens Parish Hall, Nipomo and Pismo (City 13- ].4 -15)
59 Leo's Garage, 661 Buchon Street (city 16- 17 -18)
60 Hawthorne School - Library (City 19- 20 -21)
61 Emerson School, Nipomo Street (City 22- 23 -24)
62 Grange Hall, 2880 Broad Street (City 25 -26)
63 First Babtist Church, 2075 Johnson Avenue (City 27- 28 -30)
64 Fire Station No. 3, Laurel Lane (City 29 -52)
65 Pacheco School, 165 Grande Avenue (City 33 -34)
66 Zion Lutheran Church, Foothill and Santa Rosa (City 35 -36)
67 Courthouse, Monterey Street (City 37 -45)
68 City Fire Station No. 2, Broad Street (City 38)
69 Teach School, 375 Ferrini Road (City 39- 40 -41)
70 First Southern Babtist Church, 317 Foothill (City 42 -43)
71 Tropicana. Village, 55 Broad Street (City 6 =7 -44)
72 Nativity School, 221 Daly.Street (City 46 -47)
73 First Babtist Church, 2075 Johnson (City 51- 68 -78)
74 Church of Nazarene, 3396 Johnson Avenue (City 56- 69 -70)
75 Fire Station No. 3, Laurel Lane (City 53 -54)
76 C.L. Smith School, 1375 Balboa (City 48- 63- 64- 65- 66 -67)
77 Hysen- Johnson Ford, Los Osos Valley Road (City 49- 50- 57- 59 -62)
78 Hysen- Johnson Ford, Los Osos Valley Road (City 60 -61)
79 Cal Trans Building, 20 Higuera Street (City 55- 71- 72- 73 -74)
80 Creekside Mobile Home Park, 3960 Higuera Street (City 75- 76 -77)
RESOLUTION NO. 3268 (19 77 Series)`
A RESOLUTION OF THE COUNCIL OF THE .*CITY
OF SAN LUIS OBISPO APPROVING AGREEMENTS
BETDJEEN THE CITY AND BOBBY KOBER TO ACT
AS PROFESSIONAL AT THE LAGUNA7 LAKE GOLF
COURSE AND TO OPERATE THE CONCESSIONS AT
SAID GOLF COURSE.
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. That certain agreements, copies of which are on file in
the Office of. the City Clerk,. between the City and Bobby Kober
to act as professional at Laguna Lake Golf Course and operate
the concessions at said golf course from April 1, 1977, through
February 28, 1978, to coincide with expiration of the golf course lease
arehereby approved and the Mayor is authorized to execute same.
2.' The Citv.Cle.rk shall furnish a copy of this Resolution
together with a copy of the agreementsapproved by it to:
Acting Director of Parks & Recreation and Bobby Kober.
On. motion of Mayor Schwartz seconded by Councilman
Petterson , and on the following roll call vote:
AYES: Councilmen Graham, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilmen Gurnee and Norris
the foregoing -Resolution was passed and adopted this 15th. day
of March , 1977 .
ATTEST:
C' lerY, - -- --- - - - - --
Aoproved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
A Professional Corporation
City Attorney ,
By-A-1 l-e-n Grimes-
Approved as to content:
Endorsement on agreements.
RESOLUTION NO. 3267 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO APPROVING AND ADOPTING
POLICIES AND STANDARDS FOR STREET TREE
PLANTING AND MAINTENANCE, MASTER STREET
TREE LIST, AND MAJOR STREET TREE PLANTING
PLAN.
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
Section 1. The Council hereby app "roves and adopts Policies.
and Standards for Street Tree Planting and Maintenance, a,c'
of which is attached hereto marked Exhibit' "A ", 'and thereby-
incorporated„ herein.
Section 2. The Council hereby approves and adopts a Master
Street Tree List, a copy of which is attached.hereto. marked
Exhibit "B and thereby "incorporated herein.
Section 3. The'Council hereby approves and adopts a Major.
Street Tree Planting Plan, a copy of which is attached hereto
marked Exhibit "C ", and.thereby incorporated herein:
Section 4. Copies of said documents shall be maintained
on file in the Office of the Public Services Department for
public inspection at all reasonable hours.
On motion of Mayor.Schwartz, seconded by Councilman_Gr_aham,
and on the following roll call vote:
AYES: Councilman Graham,.Petterson. and Mayor Schwartz
NOES: None
ABSENT: Councilmen Gurnee and Norris
the foregoing Resolution was passed and adopted this 15th day of
March, 1977.
ATTEST:
R 3267
r
Resolution No. 3267 _ _ (1977 - Series)
Approved as to form;..._ J Approved as to content:
WENDT, MITCHELL, SINSHEIMER,,
de la MOTTE & LILLEY
City Attorney
City Administrat e Officer
By Allen Grimes
Public-Servfces.Director
-2=
POLICIES AND STANDARDS FOR S'1'1%1;1i'I' 'IRIA: PLANTING AND MALN'1BANCIi
A. Subdivisions a1111 Mirnot• SUbdiVisiOns
All tiuhdivisiun and Miner subdivision maps submitted for approval shall
clearly
and accurately designate the location of any existing trees on
the property and also specify the genus, species, height, spread, and
trunk diameter.
Any tree proposed for removal in conjunction with the development of the
Subdivision or Minor Subdivision shall be clearly designated on the map.
Approval or rejection of the tree removal request shall be issued concur-
rently with the approval or rejection of the subdivision's tentative map,
as stated in the Tree Ordinance, Section 4300.8 of the Municipal Code.
The Subdivider shall be responsible for the planting and maintenance of
street trees in new subdivisions from time of planting until final acceptance
of the subdivision.
The Subdivider shall prepare a street tree planting plan for the subdivi-
sion. This plan shall clearly show the locations of all utilities, drive-
ways, and proposed trees. The number of trees required for a subdivision shall
he hascd on an average on one (1) tree for each 35 lineal feet of street
frontage. The street trees may be clustered; however, when the trees are
clustered or in the case of cul de sacs, no two adjacent lots shall be without
a tree.
The Developer shall develop his street tree planting plan using the trees
from the Master Street Tree List. Trees shall be placed in locations which
avoid interference with utilities and driveways. The City.may revise the
tree locations and species as shown on the plan.
Tree quality and tree planting methods shall conform to the requirements
contained in Section C hereof. Forty -eight hours' notice shall be given
to the City when requesting inspection of trees and planting.
The standard City maintenance schedule (see Section D) shall be used during
the establishnient.period (see Section P), and until final acceptance of the
subdivision.
EXHIBIT "A►►
I'OUCIFS AND STANDARDS FOR STRF :1' TRlili PLANTING AND NIA1N'I'l'.NANCI'.
11. Rui Idin3: Permits
The apillicant. for the huilding permit shrill prepare a plot plan of the
huiIding site to he submitted for approval. This plot plan shall clearly
and accurately designate the locations of all utilities, driveways, buildings,
existing and proposed trees, giving location, genus, species, height, spread,
and trunk diameter of the existing trees.
The number of street trees required for lot or parcel of property shall
he based on the rate of one (1) tree for each 35 lineal feet of street
frontage or portion thereof. The trees shall be placed in locations which
avoid interference with utilities and driveways. The trees may be clustered.
The City may revise the locations and species of the trees as shown on
the planting plan.
The Master Street Tree List and Planting Plan, as adopted by the City, shall
be used to determine the genus and species of trees to be planted.
'free quality and tree planting methods shall conform to the requirements of
Section C hereof. Forty -eight hours' notice shall be given to the.City when
requesting inspection of trees and planting.
The standard City maintenance schedule (see Section D).shall be used during the
e.stabli.shment period (see Section E), and until final acceptance and occupancy
of the building.
All street trees shall be planted and in approved condition before final
inspection of the building. Formal approval of the tree planting shall
coincide with the final building inspection.
EXHIBIT "A"
e
POLICIES AND STANDARDS FOR S'riu: '1' 'nzn: PLANTLNG AND MALWINANCIi
C. PIant.in. Spec ifi cat ioils
1. Quantity, Species, and Size
a. The number of trees to be planted shall be in accordance with the
provisions of Sections A & B of this document..
h. The genus and species shall be approved by the City, in accordance
with the Master Street Tree List and Planting Plan.
c. All trees shall be a minimum of 15 gallons in size.
3. Inspection
a. All trees shall be inspected to insure that they are healthy,,
vigorous stock, free of insects and disease. The trees shall
not be root bound, wind damaged, or sunburned. All trees shall
have a minimum height., spread, and caliper, as approved by the City
for each species specified. Overgrown stock shall not be
excepted.
b. An inspector from the City Public Services Department shall be
present at the time of planting of any and all trees.
C. Inspectors shall be given at least forty -eight hours' notice prior
to plant or planting inspection.
3. Description of work
a. The contractor will furnish the trees to be planted.
b. The scope of the work shall include digging the holes, mixing soil
amendments with native soil, planting the trees, staking the trees,
building a watering basin, and watering the planted trees.
c. The contractor shall provide warning and protective devices at each
planting hole until the City approves the hole for planting and the
planting is completed.
d. The hole shall be dug to the depth and width as shown on the plans.
The sides shall be vertical, not belled out at the bottom nor
sloped in towards the bottom. Any clay slick that develops in the
planting hole as the result of the use of a power auger shall be
removed.
e. The excavated soil shall be used for planting the trees, except
that if any excavated material is deemed unsatisfactory by the
City Inspector, that material shall be disposed of and replaced by
an approved soi.
EXHIBIT 11 A„
POLICIES AND 'STANDARDS FOR S'lRliFT '1RIJ; PLANTING AND MAINTHNANCI'.
I'I;uttinr SteciI'iratiuns iottt'd)
t'. After the tree has been placed un the fi..11, the space between the
root ball and the sides of the hole shall be filled to within 18
inches below the top of the root ball and the remainder of the space
shall he filled with the same fill meterial in which the following
has been incorporated: 2 cups each bloodmeal and bone meal, 1 1/2
cu. ft. of nitrolized redwood compost. The contractor shall place
4 Agriform Blue Chip tablets (21 grains), or an approved equal, and
apply 2 gallons of an approved B -1 compound (6 tablespoons to 1
gallon of water) to fill materials of each tree.
g. Staking shall be as shown on standard City plans.
h. Each tree shall be tied to the stake structure with not less than
3 tree ties. Tree ties shall be Gro- Strait Tree Ties, 12 inches
minimum length or an approved equal.
E M BIT "A"
POLICIES AND STANDARDS FOR SPRITT TRITE PLANTING AND MAINTENANCE
11. 1'1'00 Dl;iint0nvi00 Sch0dUle
'1'h0 :tan lard City mnintonanco schedule hL'1OW shall h0 us0d Lluring the
0titahIishw0nt IICH Od (see Secti.un F:), and until final acceptance of subdivi
-
sion or huildifig permit for trees planted by contractors.
1. Watering, depending on season and weather conditions.
2. fertilizing shall be done at 4 month intervals, with a balanced fertilizer
at generally accepted horticultural recommended rates for the species of
tree until final approval of the tract or building.
3. Spraying for insects or disease as needed.
4. Damaged tree - repair when damage is noted, using approved horticultural
procedure.
5. Dead trees shall be removed and replanted. -
EXar-E BIT "Art
4b
POLICIES AND STANDARDS FOR STRFUT TREE PLANTING AND MAINTENANCE
li. listahl i shment 11criod
All trt•es shall I)e pl:uitcd vid maintained for at least sixty (60) days
prior to 1'insl scay)tvice of Subdivisions, and at least thirty (30) days
prior to final acceptance. for buildings. If final acceptance is requested
prior to the expiration of the required days of maintenance after planting,
;i cash deposit equal to the value of the trees, plus replanting and
maintenance costs, will be deposited with the City to allow final acceptance.
ANIES"IT "A"
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EXHIBIT "A„
111
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EXHIBIT "A"
��FP.II
-ljzVV-- t��
v
MASTER STREET TREE LIST
Broad CUPANIOPSIS ANACARDIOIDES
QUERCUS ILEX
TRISTANIA COWER TA
L1K:A1,Y1y1'US POLYAW111MOS
LIGUSTRUM LUCIDUM
Calif. B. ARDCASTRUM ROMANZOFFIANUM
CUPANIOPSIS ANACARDIOIDES
TRACHYCARPUS FORTUNEI
PRUNUS X. BLIREIANA
Foothill CUPANIOPSIS ANACARDIOIDES
FICUS RETUSA NITIDA
PYRUS KAWW MII
ARECASPRUM RCIMANZ0FFIANUM
LIGUS RUfd LUCIDUM
Grand FICUS R ETU SA NITIDA
PRUNUS X. BLIREIANA
PYRUS KA19d MII
PODOCARPUS GRACILIOR
TRISTANIA CONFERTA
S. Higuera CUPANIOPSIS ANACARDIOIDES
PODOCARPUS GRACILIOR
PODOCARPUS MAIIROPIiYLIA
QUERUS ILEX
CALLISTEMON CITRINUS
CALLISTEMON VIMINALIS
Johnson CUPANIOPSIS ANACARDIOIDES
PRUNUS X. BLIREIANA
PYRUS KAV&KAMI
Cp=s ILA{
Laurel CUPANIOPSIS ANACARDIOIDES
Lane PYRUS KAV&19 MII
PODOCARPUS GRACILIOR
EUCALYPTUS POLYANPf II.;RMOS
Los Osos CALLISTEMON CITRINUS
Valley Rd. CALLISTEMON VIMINALIS
CUPANIOPSIS ANACARDIOIDES
PODOCARPUS GRACILIOR
Madonna CUPANIOPSIS ANACARDIOIDES
PODOCARPUS GRACILIOR
PODOCARPUS MACROPHYLIA
EUCALYPTUS POLYANTHEMOS
EAHIBIT 11B ►►
SETBACK
EUCALYPTUS FICIFOLTA
EUCALYPTUS CITRIODORA
GINKGO BILOBA
PLANPANUS ACERIFOLIA
FRAXINUS VELUTINA 'GIABRA'
PINUS PINEA
SCI1INUS TEREBINI'HIFOLIUS
PILAUS CANARIEIETSIS
GINKGO BIIABA
CAMPHORA OFFICINARUM
LIQUIDAMBAR STYRACIFLUA
PLATANUS ACERIFOLIA
LIQUIDAMBAR STYRACIFLUA
PLATANUS ACERIFOLIA
ULMUS PARVIFOLIA
EUCALYPTUS FICIFOLIA
EUCALYPTUS SIDEROXYLON
PINUS PINTA
GINKO BILOBA
CAMPHORA OFFICINARUM
CAMPHORA OFFICINARUM
LIQUIDAMBAR STYRACIFLUA
MAGNOLIA GRANDIFLORA
PINUS CANARIENSIS
EUCALYPTUS CITRIODORA
PLATANUS ACERIFOLIA
BETULA VERRUCOSA
EUCALYPTUS SIDEROXYLON
LIQUIDAMBAR STYRACIFLUA
GINKGO BIL013A
EUCALYPTUS SIDEROXYLON
MAGNOLIA GRANDIFLORA
LIQUIDAMBAR STYRACIFLUA
a
CUPRESSUS SEMPERVIRENS
LIQUIDAMBAR STYRACIFLUA
MAGNOLIA GRANDIFLORA
PINUS PINTA
Tr 11 B f r
Page T�m
MA= STREET TREE LIST
STREET
PARMW
SETBACK
Monterey
CUPANIOPSIS ANACARDIOIDES
GINKGO BII0BA
FICUS RLTIUSA NITIDA
EUCALYPTUS FICIFOLIA
PYRUS KAV911Q1MII
UU4US PARVIrOLIA
POD-ZWUS GRACILIOR
PODOCARPUS MACROPIfYLLA
Orcutt
EUCALYPTUS POLYANTHaUS
EUCALYPTUS SIDEROXYLON
PODOCARPUS GRACILIOR
LIQUIDAMBAR STYRACI-FLUA
PODOCARPUS MACROPHYLLA
PINUS CANARIENSIS
QUEFRCUS ILEX
SCHINUS TEREBINTHIFOLIUS
CALLISTaDN CITRINUS
EUCALYPTUS CITRIODCRA
CALLISTDION VIMINALIS
San Luis
CUPANIOPSIS'ANACARDIOIDES
CAMPHORA OFFICDVARUS
Drive
PYRUS KAIqUQMI
ULMUS PARVIFOLIA
LIGUSTRUM LUCIDUm
LIQUIDAMBAR STYRACIFLUA
.PRUNUS X. BLIREIANA
GINKGO BILOBA
FICUS RETUSA NITIDA
BETULA VERRUCOSA
Santa Rosa
CUPANIOPSIS ANACARDIOIDES
GEIJERA PARVIFLORA
FICUS AFEWSA NITIDA
GINKGO BILOBA
PYRUS Mlgd<AMII
PLATANUS ACERTFLOLIA
QUERCUS ILEX
LIQUIDAMBAR STYRACIFLUA
TRISTANIA CONFERTA
EUCALYPTUS CITRIODORA
LIGUFMUM LUCIDUA
South
CUPANIOPSIS ANACARDIOIDES
HYMENOSPORUM FLAVUM
EUCALYPTUS POLYANTIOV10S
EUCALYPTUS FICIFOLIA
PODOCARPUS GRACILIOR
PINUS CANARIENSIS
PODOCARPUS MACROPHYLLA
SCHINUS TEREBINMIFOLIUS
Tr 11 B f r
MAJOR STREET TREE PLANTING LIST
AESCULUS CARNEA
RID HORSBCHESTNUT
ARECA.STRUNI PCklANZOFFIANUM
QUEEN PALM
BAarENIA VARIEGATA
PURPLE ORCHID TREE
BFZULA VERRUCOSA (PENDULA)
WHITE BIRCH
BRACHYCIIITlON ACER]FOLITUM
FLAMETREE
BRACIIYCHITON POPULNEUM
KURRAJONG B(YP171E TREE
GALLISTEMON CITRINUS
LEMON BOTTI.EBRUSH
GALLISTFThON VIMINALIS
BOTTLEBRUSH
GAIADENDRON CAPENSE
CAPE CHESTNUT
CAMPHORA OFFICINARUM
CAMPHOR
CRATAGUS OXYACANTHA
ENGLISH HAWTHORN
CUPANIOPSIS ANACARDIOIDES
CARROT ;TM
CUPRESSUS SEMPERVIRENS 'GLAUCA'
ITALIAN CYPRESS
DODONAEA VISCOSA 'PURPUER_A'
PURPLE HOPSEED
EUCALYPTUS CAMALDULENSIS
REDGUM
EUCALYPTUS CITRIODORA
LEMON CUM
FZCALYPTUS FICIFOLIA
RED FLOWERING GUM
EUCALYPTUS POLYANTHEMOS
SILVER DOLLAR GUM
EUCALYPTUS SIDEROXYLON MSEA
RID IRON BARK
FICUS RETUSA NITIDA
LAUREL FIG
FRAXINUS UHDEI 'TOMLINSON'
TIOMLINSON'S ASH
FRAXINUS VLlUTINA 'MODESTO'
MODESTO ASH
GIEJERA PARVIFLORA
AUSTRALIAN WILLOW
GINKGO BILDPA
MAIDENHAIR TREE
GLEDITISIA TRIACANTHOS TN= S
TIIORNLESS HONEY LOCUST
IIYMT -WSPORUM FLAVUM
SWF=SEADE
ILEX LATIFOLIA
TARAJO
KOELREUTERTA HENRYI (FORMO.SANA)
CHINESE FIAMETREE
LAGERSTROEMIA INDICA
CRAPE MYRTLE
LIGUSTRUM LUCIDUM
GLASSY PRIVET
LIQUIDAMBAR ST'YRACIFLUAA 'BURGUNDY'
SWEET GUM
LYONOTI7IMNUS FIORIBUNDUS
CATALINA IRONWOOD
ASPI.E -OLIUS
MAGNOLIA CRANDIFLORA
SOU`I7]ERN MAGNOLIA
ll AVIT NUS 1 GMa IA
MAYTLN TREE
OLNIl�IELT.A . BZl SCHILERIANA
GUATEMALA HOLLY
PERSEA INDICA
MADEIRA BAY PERSEA
PINUS CANARIENSIS
CANARY ISLAND PINE
PINUS PINEA
ITALIAN PINE
PILAUS RADIATA
MONTEREY PINE
PILAUS THUMBERGIANA
JAPANESE BLACK PINE
PISTACIA CHINENSIS
CHINESE PISTACHE
PITAOSPORUM RIKI- MIFOLIUM
DIAMOND LEAF PITTOSPORUM
PITTOSPORU114 UNDUL.ATUM
VICTORIAN BOX
PLATANUS X. ACtRIFLOLIA
LONDON PLANE TREE
PLATANUS RACEMOSA
CALIFORNIA SYCAMORE
PODOCARPUS GRACILIOR
FERN PINE
PODOCARPUS MACROPHYLLA
YEW PINE
EXHIBIT licf.r
Page Two
MAJOR-,STREET TREE PUNTING LIST
PRUNUS AMYGDALUS
ALMOND
PRUNUS X. BLIREIANA
BLIRELANA PLUM
PYRUS KAUU9 MII
EVERGREEN PEAR
QUERCUS ILEX
F40LLY OAK
QUERCUS SUBER
CORK OAK
SCHINUS TEREBINTHIFOLIUS
BRAZILIAN PEPPER TREE
TRACHYCARPUS FORTUNEI
WINDMILL PALM
TRISTANIA, CONFERTA
BRISBANE BOX
UUIUS PARVIFLLIA 'BREA' or 'DRAKE'
CHINESE ELM
rr
- EXHIBIT 11c
.RESOLUTION NO. 3266 (1977 Series)
A RESOLUTION OF'THE';COUNCIL OF THE CITY OF
SAN LUIS OBISPO PROHIBITING PARKING ON A
PORTION OF JOHNSON AVENUE.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
Section 1. Parking is hereby prohibited on the easterly side of
Johnson Avenue commencing at a point 195 feet northerly of the westerly
prolongation of the northerly property line of Lizze Street and extending
92 feet northerly.
On motion of Councilman Petterson, seconded by Councilman Graham
and on the following roll call.vote;.
AYES: Councilmen Graham, Petterson and Mayor Schwartz
NOES: .None
ABSENT: None
the foregoing Resolution was passed
ATTEST:
erk
Approved-as to form:
WENDT, MITCHELL, SINSHEIMER;
de la MOTTE $ LILLEY
City Attorney
By Allen Grimes
WAP:ktm 3/17/77
Approved As'to content:
City Administrative O ' er
Ci y-Eng' er .
R 3266
RESOLUTION NO. 3265 (1977 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE NEED BASIS GRANT APPLICATION FOR GRANT
FUNDS UNDER THE URBAN OPEN -SPACE AND RECREATION PROGRAM
WHEREAS, the legislature of the State of California has enacted
the Urban Open -Space and Recreation Program, which provides funds to
certain political subdivisions of the State of California for ac-
quiring lands and for developing facilities within urban areas to.meet
urban recreation needs; and
WHEREAS, the State Department of Parks and Recreation has been
delegated the responsibility for the administration of the program,
setting up necessary procedures governing application by local agencies
under the program; and
WHEREAS, said procedures established by the State Department
of Parks and Recreation require the applicant to certify by resolution
the approval of applications prior to submission of said applications
to the state; and
WHEREAS, said applications contains a certification that the
applicant will comply with all federal, state, and local environmental,
public health, relocation, affirmative action, and clearinghouse
requirements and all other appropriate codes, laws and.regulations.
prior to the expenditure of the grant funds; and
WHEREAS the project(s) applied for under this program must be
of a high.priority and satisfy the most urgent park and recreation
needs with emphasis on unmet needs in the most heavily populated areas;
RESOLUTION NO. 3265 (1977 Series)
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
San Luis Obispo hereby;
1. Approves the filing of an application for Need Basis Grant funding
under the Urban Open -Space and Recreation Program; and
2. Certifies that said agency understands the general provisions of
the agreement; and
3. Certifies that said agency has or will have sufficient funds to
operate and maintain the project(s) funded under this program; and
4. Appoints the Mayor as agent of the City to conduct all negotiations,
execute and submit all documents including but not limited to
applications, agreements, amendments, payment requests, and so on
which may be necessary-for the completion of the aforementioned
project(s).
ON MOTION of Mayor Schwartz, SECONDED by Councilman Petterson,
and on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz
NOES: None
ABSENT: Norris
the foregoing Resolution was passed and dopted this 11th day of
March, 1977.
ATTEST:
f
llG�
C Clerk
- 2 -
.. Mliyor
RESOLUTION NO. 3265
Approved as to form: WENDT,
MITCHELL, SINSHEIMER, de la
MOTTE -& LILLEY, City Attorney
t
By Allen Grimes
3 -
(1977 Series)
Approved as to content:
City Administrative f ice r
L,A-ctin Director of Parks &
Recreation
r
RESOLUTION NO..3265,(1977.Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN.LUIS OBISPO
APPROVING THE NEED BASIS GRANT APPLICATION FOR GRANT
FUNDS UNDER THE URBAN.OPEN -SPACE AND RECREATION PROGRAM
WHEREAS, the legislature of the State of California has enacted
the Urban Open -Space and Recreation Program, which provides funds. to
certain political subdivisions of the State of California for ac-
quiring lands and for developing facilities within urban areas to meet
urban recreation needs; and
WHEREAS, the State Department of Parks and Recreation has been
delegated the responsibility for the administration of the program,
setting up necessary procedures governing application by local agencies
under the program; and
WHEREAS ,'said procedures established by the State Department
of Parks and Recreation require the applicant to certify by resolution
the approval of applications prior to submission of said applications
to the state; and
WHEREAS, said applications contains a certification that the
applicant will comply with all federal,.state, and local environmental,
public health, relocation, affirmative action, and clearinghouse
requirements and all other appropriate codes, laws and regulations
prior to the expenditure of the grant funds; and
WHEREAS the project(s) applied for.un.der this program must be
of a high priority and satisfy the most urgent park and recreation
needs with emphasis on .unmet needs in the most heavily populated areas,
L
RESOLUTION NO. 3265
(1977 Series)
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
San Luis Obispo hereby;
1. Approves the filing of an application for Need Basis,Grant funding
under the Urban Open - Space and Recreation Program; and
2. Certifies th.at said agency understands the general provisions of
the agreement; and
3. Certifies that said agency has or will have sufficient funds to.
operate and maintain the project(s) funded under this program; and
4. Appoints the Mayor as agent of the City to conduct all negotiations,
execute and submit all documents including but not limited to
applications, agreements, amendments, payment requests, and so on
which may be necessary for the completion of the aforementioned
projec.t(s) .
ON MOTION of Mayor Schwartz, SECONDED by Councilman Petterson,
and on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz
NOES: None
ABSENT': Norris
the foregoing Resolution.was passed and
March, 1977.
ATTEST:
C' C 1 erk
- 2 '-
t
RESOLUTION NO. 3265
Approved as to form: WENDT,
MITCHELL, SINSHEIMER, de la
MOTTE.& LILLEY, City,Attorney
t
By Allen Grimes
- 3 -
(1977 Series)
Approved as to content:
City Adminstrativ f£icer
cting Director of Parks &
(Recreation
RESOLUTION NO. 3264
(ANl
(1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING THE INSTALLATION OF STOP
SIGNS ON CERRO ROMAULDO AT NORTH TASSAJARA AND
REMOVING EXISTING SCHOOL CROSSWALKS ON JOHNSON
AVENUE AT MUNOZ STREET AND ELLA STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
Section 1. Stop signs are hereby installed on Cerro Romauldo
at North Tassajara..
Section 2. School crosswalks on Johnson Avenue at Munoz Street
and Ella Street are hereby removed.
On motion of Councilman Norris seconded by Mayor
Schwartz , and on the following roll call vote:
AYES: Councilmen Norris, Petterson and Mayor Schwartz
NOES: Councilman Graham
ABSENT: Councilman Gurnee
the foregoing Resolution was passed and adopted this Ist day of
March ) 1977.
ATTEST:
ye
Approved as to fo
DAVIS, WENDT, MIT LL &
DE LA MOTTE, City Attorney
By Allen Grimes
Approved as to Content:
City A 'nistrati Officer
R 3264
AGREEMENT
This agreement, executed this /-1' day of 111-105t 1977, by
and between THOMAS A. DEVAUL and ALV -A J. DEVAUL AS'TRUSTEES, hereinafter
called Grantors and the City of San Luis Obispo, a Municipal Corporation,
hereinafter called City, wiinesseth:
1. Grantor agrees to Quitclaim to the City the land described in
the attached Quitclaim Deed.
2. The City agrees to pay the Grantor the sum of $400.00.
This Agreement is binding upon successors of either party.
In witness whereof, we have set our hands hereto on the date indicated
above.
ATTEST:
r
y Clerk
Approved as to form
WENDT, MITCHELL, SI SHEIMER, Q
DE LA MOTTE $ LILLE , INC.
City Attorney
By Allen Grimes
Asoeo��
THOMAS A. DEVAUL
CITY,OF SAN LUIS OBISPO
By:
Approved as to content:
City Administrative 0 NZ r
i'
qk
City gineer
w
RESOLUTION NO. 3263(19 77 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO APPROVING AN AGREEMENT
BETWEEN THE CITY AND THE COUNTY OF SAN LUIS
OBISPO, ET. AL.
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, the County of San Luis
Obispo, Donald Smith, Neil W. Webre, Henry W. Rible, .II, Midstate Properties, Inc.,
W. A. Danley and Irene Brughelli.
is hereby approved and the Mayor is authorized to execute same.
2. The Citv Clerk shall furnish copies of this Resolution
together with two executed copies of the agreement to the San Luis Obispo County
Board of Supervisors.
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 1st
of March
ATTEST:
,]_977 .
Approved as to form:
WENDT, MITCHELL, SINSHEIMF,R,
de la MOTTE & LILLEY
A Professional Corporation
City Attorney
BY Allen Grimes
day
i
f'r
A
r
�•i
SETTLEMENT AGREEMENT
WHEREAS, on September 25, 1974, Petitioners the CITY OF
SAN LUIS OBISPO, a chartered municipal corporation, DONALD.SMITH
NEIL W. WEBRE, -and' HENRY W. '
RIBLE, IL, commenced the within
Proceeding against Respondent COUNTY OF SAN LUIS OBISPO., a body
Politic and corporate , and MI.D STATE-PROPERTIES, INC., a Californi<
corporation, and W.A. DANLEY, Real Parties in Interest, seeking
a peremptory writ of mandate commanding the Respondent to expunge
Ordinance No 1390 from the County records, to notify the real
parties in interest, the public and all county boards, commissioner
officers, employees and agents that County Ordinance 1390 is
valid and nullity, and.for other relief based in
alleged act of the Respondent COUNTY in rezoning the tproperthe
the real P y of
parties in .interest contrary to the County's General Plan
as described in greater detail in the complaint (San Luis Obispo
County Superior Court action no. 44172); and
WHEREAS, on October 31, 1974, the San Luis,Obispo Coun.ty
Airport Land Use Commission was granted an order granting said
party leave to intervene in this proceeding as a Respondent and
Intervenor; and
WHEREAS, on April 23, 1975, Irene Brughelli was ordered into
this proceeding as a Real Party in Interest; and
WHEREAS, on De.cember24, 1975, judgment was entered in favor
of Respondent COUNTY and against Petitioners upon Respondent's
Motion of Dismissal, and in favor of Respondent MID. STATE
PROPERTIES and Irene Brughelli, Real Parties iii Interest, and
against Petitioners upon said Respondent's Motion for Summary
Judgment; and
WHEREAS,. Petitioner CITY has appealed from the judgments
entered on behalf of said Real Parties in Interest but not from
the Judgment of Dismissal entered in favor of Respondent COUNTY
and said appeals are still pending in the Appellate Court; and
WHEREAS, the City ,of San Luis Obispo ha.s, on January 25, 1977,
adopted a General Plan which designates the real property in
question as "rural industrial "; and
WHEREAS, the real property in question is presently being
used for light industrial purposes in acc.ordance.with zoning
ordinance no. 1390; and
WHEREAS, all:of the aforereferenced parties recognize that
the conti :nued prosecution of this case to its ultimate conclusion
will consume substantial time, energy and funds by both Petitioners
and Respondent and that these resources can more wisely.be used
to meet the demands of the taxpayers for the furnishing of
.governmental services; and
WHEREAS, Petitioners and Respondent recognize the need to
control land development in accordance with sound principles
and the applicable laws of planning and zoning; and
WHEREAS, in order to best accomplish their respective respon-
sibilities it is essential that both Petitioner and Respondent
understand each others objectives and cooperate with e.a_ch o.ther
in the various matters involving an interrelationship of the two
agencies. Thus, the City Council and the Board of Supervisors
pledge themselves. to.reaffirm and reestablish a condition of mutual
cooperation, understanding-,and assistance; and
—2-
C
WHEREAS, all the undersigned parties hereto desire to settle
and conclude this matter without further litigation.
IT IS HEREBY AGREED THAT:
1. This suit shall be dismissed by Petitioners with pre-
judice as to all parties.
2. The CITY OF SAN LUIS OBISPO, a chartered municipal
corporation, DONALD SMITH, NEIL W. WEBRE, and HENRY W. BIBLE, II,
Petitioners and Appellants on the one hand and the COUNTY OF SAN
LUIS OBISPO, a body politic and corporate, MID STATE PROPERTIES,
INC., a California corporation and W.A. DANLEY, IRENE BRUGHELLI,
individually and trustee, and the SAN LUIS OBISPO COUNTY AIRPORT
LAND USE COMMISSION, on the other hand, hereby fully and forever
release and discharge the other from any and all claims, demands,
actions, causes of action, debts, liabilities, rights, contracts,
damages, costs, expenses and losses of every kind and nature
whatsoever, whether at this time known or unknown, and antici-
pated or unanticipated, direct or indirect, fixed.or contingent,
which may presently exist or may hereafter arise or become known,
for or by reason of any act, omission, event, transaction, matter,
or cause whatsoever pertaining to the adoption of Ordinance No.
1390 of the County of San Luis Obispo, the filing of the subject
Petition for Writ of Mandate as referred to hereinabove, in all
litigation that has been commenced concerning said matter sub-
sequent thereto from the beginning of time to the date of this
instrument, except for judgment of $484.30 in case No. 45990.
Mlc
3. It is understood and agreed that this settlement is a
compromise of doubtful and disputed..matters and that this matter
is not to be construed as an admission of liability on the part of
Respondent and that said Respondent denies all liability for claims
asserted by Petitioners in their complaint. Respondent further,
and more specifically, denies that it is still a party to this
litigation since an appeal was not taken from the judgment entered
in favor of Respondent and the participation of Respondent in
this settlement agreement is not to be construed as an admission.
by Respondent that it is still a party to the action. It is.
understood and agreed that this settlement is not-to be construed
in any manner as an admission on behalf of Petitioners that they
were not fully justified.in filing the within Petition for Writ
of Mandate.
4. The undersigned declare and represent that no payments,
-4-
compromises, representations,. or inducements for-the execution
of this agreement have been made to the undersigned or in any way
relied upon by the.undersigned except as.contained herein.
5'. Each party hereto agrees that each party shall stand
its own costs and attorneys fees.
6. By executing this Agreement, each of the undersigned
acknowledges and declares that he has read each and every portion
of the foregoing, that he has discussed its legal effects with
counsel, that he fully understands such effects.
7. This Agreement shall be binding on and inure to the
benefit of the-heirs, executors, administrators, successors, and
assigns of the respective parties.
B. This Agreement will be approved by a duly proposed and
adopted resolution by the City of San Luis Obispo, a chartered
municipal corporation., and the County of San Luis Obispo, a body
politic and corporate.
: �''�li�
Dated
/���� ����7 Pet ti oners :
ATTEST:
CITY /OF SAN LUIS
mayor — 1
' G 1ty "Clerk
�F �r k: :k �'f #M *%.` -:F :� �� �:k :: � �:F ::::�� �m�F �,<: F% i<: f=`: k: f: Fa:• 1,: �:: K1F: �: � ::k�k'i:yF�: %:II:':r,::�:�r, <�; :k :K *,:k�;:k ;k ;k :f C: �; ��k :� �k ... :k �:k'+k #:k :l::k :k :k
We agree to the dismissal of
action No. 44172: Donald S m i t h
eil W. Webre .
A?`�
Henry W. Rible, II
-5-
DatJ
MAE
Respondent:
COUNTY OF,SAN LUIS OBISPO
By:
V,
Real Parties in Interest..:
MID STATE PROPERTIES, INC., a
Cal.ifornia Corporation
By: L
W.A.'Danley
Irene BrugHelli, i-pdtvidually
and trustee
SAN LUIS OBIS'PO COUNTY AIRPORT
LAND USE COMMISSION
B,
IN `1 H *BO.�M D Off' SUPS )ORS
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
Mo March 14 19 -77-
-------n --- day ------ - -- ----- - - - - --
PRESENT: Supervisors Bans Heilmann, M. E. Willeford, Kurt P. Kupper
Richard J. Krejsa, and Chairman Howard D. Mankins
ABSENT: None
RESOLUTION NO. 77 -208
RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN
THE CITY OF SAP! LUIS OBISP03 ET AL, AND THE COUNTY
OF SAN LUIS OBISP03 ET AL, IN SUPERIOR COURT ACTION
NUMBER 44172
The following Resolution is hereby offered and read:
WHEREAS, there is presently pending a lawsuit involving the
City of San Luis Obispo and three residents of the City of San Luis
Obispo versus the County of San Luis Obispo, the County Airport
Land Use Commission, Mid -State Properties, Inc., and Mrs. Irene
Brughelli, which was first filed on September 25, 1974; and.
WHEREAS, each and every party to the lawsuit has mutually
agreed to a settlement of said lawsuit in accordance with the
terms and for the reasons set forth in the attached settlement
agreement.
NOW, THEREFORE, BE IT RESOLVED and ORDERED by the Board of
Supervisors, of the County of San Luis Obispo, State of California;
as follows:
1. The Chairman of the Board of Supervisors is hereby
authorized to execute on behalf of the County, the settlement
agreement attached hereto.
2. That upon execution of said agreement by.the Chairman,
the Clerk of the Board is hereby directed to transmit the.original
and one copy of the settlement agreement to the City Attorney of
,'the City of San Luis Obispo, which will . cause said agreement to be
filed with the Superior Court.
3. The Clerk of the Board is hereby further directed to
transmit copies of said fully executed agreement to the County
Airport Land Use Commission, Mid -State Properties, Inc., and firs.
Irene Grughelli.
cn- 3 ;DA /DKH /mj
I
a
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�a,i ?irvi:a; `y'_lleford roll -C.R31
va:e, t.o••z• it:
Supervisors Heilmarn', Xtiilleford,.Kupper, Krejsa., Chairman Mankin:
15 e.5 ; None
t a hone
;+ &•� "•- ' +_'r'� "r� i"esc;i'4iS;ail Z�. Si :21 tr %; `'' 4+.li :s'`'c.�G�.
Gil irt,avr: vi° is4 i}r +x :� d c;•f S �t, :rv# sod is
ATT�L:ST:
_._
' .i;.l Co:uci .. q;erJsers, ao!J row remiruo; of
i;,.!id 3f1(i Ec:1I of sold Mud of Super-
R
; ors i;:is ......... ----------------- _--- dey of
CCli;ii
of E:2
9
i
.STATE OF CALIFOR -NIA,
County of San Luis Obispo, } ss.
- MISBETH WOLLAM ---------- _ County Clerk and ex- officio Clerk,
of the Board of Supervisors, in and for the County of San Liiis Obispo, State of California, do
hereby certify the foregoing to be a full, true and correct copy of an order made by the Board
of Supervisors, as the same appears spread upon their minute book..
WITNESS my hand and the seal of said Board of Supervisors, affixed this - _- _18---------
day of - - - - -- March ----- - - - - -- 19_ 77_.
MISBE'TH F?OLLAM
County Clerk and Eh- Officio Clerk of the Board
(SEE L) of Super%iso. *.s
By
cn -�xc Deputy CIerk.
RESOLUTION NO.. 3262 .(1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO REVISING THE CIT.Y'S
1976- 77.ANNUAL TRANSPORTATION CLAIM
AGAINST THE LOCAL TRANSPORTATION FUND
OF THE COUNTY OF SAN.LUIS OBISPO.
BE IT RESOLVED by the Council'of the City of San. Luis
Obispo as follows:
Section 1. The City's Annual Transportation Claim for
1976 -77 as submitted by Resolution No. 3047 and revised by
Resolution No. 3068 is hereby amended by the submittal of
,"revised cla #two, a;copy of which is on file in the City Clerk's
Office.
Section 2. The Mayor is hereby authorized to execute
said amended claim.
Section 3. The City Clerk is directed for forward an
executed copy of the claim and of this resolution to the County
Auditor of the County of San Luis Obispo and to�the City
Engineer.
On motion of Councilman Graham., seconded by Councilman
Petter on, and on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson
and Mayor Schwartz
NOES: None
ABSENT- None
the fore.going.Resolution was passed and adopted this 1st day
of March, 1977.
ATTEST:
. .
R 3262
RESOLUTION NO. 3261(1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO APPROVING AN AGREEMENT
BETWEEN TIIE CITY AND THE CITY OF SANTA
BARBARA FOR NARCOTICS AND CRIME REDUCTION
GRANT.
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 City of
Santa Barbara.for participation in a grant by the Regional Narcotic
Addict Control and Crime Reduction Program, funded by the
Office of Criminal Justice Planning,
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 Chief of Police and Santa Barbara Police Department.
On motion of Councilman Graham
PLtt-pr.gon
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, lst
of March
ATTEST:
i
, 19 77 .
Approved as to form:
WENDT., MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
A Professional Corporation
City Attorney
Allen Grimes
day
A G R E E M N T
THIS AGREEt-MNT, made and entered into this 18th
day of _Jant_ ,ate , 1977
by and between
CITY OF SANTA BARBARA, a municipal
corporation hereinafter referred
to as SANTA BARBARA.
and
CITY OF SAN LUIS OBISPO, a bodv
corporate and politic, hereinafter
referred to as SAN LUIS OBISPO
W I T N E S S E T H:
WHEREAS, Santa Barbara and San Luis Obispo deem it beneficial
to participate in a Regional Narcotic Addict Control and Crime. Reduc-
tion Program, to be funded by the California Office of Criminal Justice
Planning (OCJP),; and
WHEREAS, Santa Barbara has been designated. by OCJP as the.
grant recipient; and
WHEREAS, the terms of the grant provides that Santa Barbara
should distribute to neighboring public entities a certain portion
of said grant funds it receives from OCJP; and
WHEREAS, Section 6500, et seq., of the Government Code
provides that cities may enter into agreements to jointly exercise
any power corunon to the contracting parties;
NOW, THEREFORE, Santa Barbara And San Luis Obispo mutually
agree as follows:
1. San Luis Obispo shall provide a Police Detective to
participate full time in the Narcotic Addict Control and Crime Reduction
Program.
2. Santa Barbara will reimburse San Luis Obispo from OCJP
funds the sum of $1,555 per month for the Police Detective's services
upon presentation of a completed Santa Barbara claim form. Dura.t.or.
of this agree -ent will be limited to the extent of time OCJP funds
are available (approxi- mately eleven, months unless supplemental f:und.s
are granted).
3. in accordance with.00JP grant requirements, San. Luis
Obispo shall provide a .mi.niraurn of 6.15% of the amou_,t of grant funcis
provided by OCJP, and conveyed to San Luis Obispo pursuant to this
agreement, as "hard- match" funds to be used for benefit of the grant.
4. San Luis Obispo will maintain records as required by
the OCJP Fiscal Affairs Manual and provide Santa Barbara with ap-
propriate documentation to support claims for reimbursement_.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement in duplicate on the date first above written.
CITY OF SANTA EAPBARA,
a municipal corporation
Mayor pro Tempore
APPROVED AS TO FORM:
iL-y Attorney
ATTEST
Ciity Clerk
ITY OF SAN LUIS OBISPO,
fnunici_pal corporation
yor
APPROVED AS TO
ty Attorney
ATTEST:
C
RESOLUTION NO. 3260 (1977 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO ACCEPTING THE QUITCLAIM DEED
ON LOS OSOS ROAD AND APPROVING AN AGREEMENT
BETWEEN THE CITY AND THOMAS A. DEVAUL AND ALVA
J. DEVAUL FOR ACQUISITION OF LOS OSOS ROAD
RIGHT OF WAY.
Be it resolved by the Council of the City of San Luis Obispo
as follows:
1. That the Quitclaim Deed be accepted.
2. That certain agreement, a copy of which is on file in the
office of the City Clerk, between the City and Thomas A. DeVaul and
Alva J. DeVaul for acquisition of right of way for Los Osos Road is
hereby approved and the Mayor is authorized to execute same.
3. The City Clerk shall furnish a copy of this Resolution
together with a copy of the agreement approved by it to:
the City's right of way agent and the City Engineer.
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 1st day of
March , 1977.
ATTENTS:
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOT.TE & LILLEY
A Professional Corporation
City Attorney I
By Allen Grimes
Approved as to content:
City AdMinistratfN Officer
City,7gineer
R 3260
AGREEMENT
This agreement, executed this /J7 day of �//%'� 197f, by
and between THOMAS A. DEVAUL and ALVA J. DEVAUL AS TRUSTEES, hereinafter
called Grantors and the City of San Luis Obispo, a Municipal Corporation,.
hereinafter called City, witnesseth:
1. Grantor agrees to Quitclaim to the City the land described in
the attached Quitclaim Deed.
2. The City agrees to pay the Grantor the sum of $400.00.
This Agreement is binding upon successors of either party.
In witness whereof, we have set our hands hereto on the date indicated
above.
ATTEST:
Approved as to form:
WENDT, MITCHELL SI SHEIMER,
DE LA MOTTE & LILLE INC.
City Attorney
By Allen Grimes
THOMAS A. DEVAUL
CITY OF SAN LUIS OBISPO
Approved as to content:
City Administrative 0 cer
City � gineer
RESOLUTION NO. 3259 (1977 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO RECOMMENDING VARIOUS OPTIONS TO
BE INCLUDED IN STATE LEGISLATION IMPLEMENTING
LOCAL GOVERNMENT UNEMPLOYMENT COMPENSATION
INSURANCE PAYMENTS.
WHEREAS, the Assembly, Senate and Governor of the State of California
are expected to adopt legislation implementing Public Law 94 -566 mandating local
and state contributions to unemployment compensation insurance effective
January 1, 1978; and
WHEREAS, such legislation is expected to have a substantial effect on local finances;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. ;Tha te n pying into the state unemployment fnd an t the Sate give he City hoptoof
amount equaling the benefits paid to its eligible former employees; or
2. That it have the option of joining one. or more cities or counties through joint
powers agreements in the interest of pooling said risks.
BE IT FURTHER RESOLVED that:
1. The State is urged in its legislation to prohibit the charging of local or
State governments for payment of benefits to former employees who have been subsequently
hired and laid off or otherwise terminated by another employer..
2. That said legislation. exclude from coverage those employees hired on a
temporary or part - time.basis for a specified duration.
3. That the City Clerk transmit a certified copy of this resolution to
Governor Edmund G. Brown, Jr. , Senator Robert Nimmo, and Assemblywoman
Carol Hallett at State Capitol, Sacramento, California 95814.
R 3259
Resolution No. 0977 Series)
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 1st day of March ,
1977.
ATTEST:
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEIMER,
DE LA MOTTE & LIL, EY, INC.
City Attorney II
City Admimstrative c
By- Allen Grimes
Personnel ector
RE LUTION NO. 3258 (1977 Ser, )
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO"GRANTING TENTATIVE APPROVAL OF PARCEL MAP
77 -16 (CITY OF SAN LUIS OBISPO, APPLICANT; 3310 & 3320
FLORA 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 77 -16
(City of San Luis Obispo, applicant; 3310 & 3320 Flora 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 development
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 easements
for access through, or use of, property within the proposed subdivision.
2. Tentative approval of Parcel Map 77 -16 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 per Public Services Department approval.
c. Subdivider shall extend sewer, water and other utilities to serve parcel 3 and
shall relocate or replace all services and utilities in new Flora Street right -
of -way to the approval of the City Engineer.
3. This Council hereby approves the tentative map for Parcel Map 77 -16.
On motion of Councilman Gurnee
and on the following roll call vote:
seconded by Councilman Graham
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 1st day of March 1977.
ATTEST:
Approved as to form: WENDT,
MITCHELL, SINSHEIMER, DE LA
MOTTE & LILLEY, Cit Attorney
By Allen Grimes
r
Approved as to content:
City Administrativ fficer
;a
Communit velop T nt Director
4y EFr6neer
U R 3258
RESOLUTION NO. 3257 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO.DETERMINING THAT.PUBLIC CON=
VENIENCE AND NECESSITY REQUIRE CONSTRUCTION
OF CERTAIN IMPROVEMENTS.
BE IT RESOLVED by the Council of the City of San Luis-Obispo
as follows;:
Section 1. Pursuant to hearings duly held, the Council.of
the City.of San Luis Obispo hereby finds and determines that the
public convenience and necessity require the construction and
installation of curbs, gutters, sidewalks and driveway ramp
improvements on those portions of streets within the.:City of
San Luis Obispo as set forth on Exhibit "A" attached hereto and
incorporated by reference, and determines that the Special Assess-
tent, Investigation; Limitation and Majority Protest Act of 1931
shall not apply to.these proceedings.
Section 2. The Council has considered the request of Castle
Naumu that property located at 761 P4orro Street be exempted from
the requirement to construct sidewalk and driveway ramp and has
determined that.said requirement may be delayed for a one -year
period and.has further.determined that property located -at
662 and 670 Osos Street.be exempted only from'the requirement to
construct sidewalks for an.indefinite period.
Section 3. The Superintendent of Streets shall proceed with
the required notification and construction as set foirth in Section
7350.1(f) of the San Luis Obispo - Municipal Code.
Section 4. The costs of any such work done by the City,
after hearings duly held, -shall become a lien upon said parcels.
R 3257
Resolution No. 3257 (1977 Series)
On motion of Councilman Graham, seconded.by Councilman Gurnee,
and on the following roll call vote:
AYES: Councilmen Graham, Gurnee, . Norris,
and Mayor Schwartz
NOES: %Councilman PWerson
ABSENT: None
the foregoing Resolution was passed and adopted.this lst day of
March, 1977.
ATTEST-
Clerk
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LI EY
City Attorney
.Approved as to content.:
City A-dR!rn t' rat iv e Officer
By Allen,' Grimes .
1 - .°xl
Director of
NOTE: C Curb & Gutter
S = Sidewalk
R = Driveway Ramp
St. side
T.&
I. Kaman
680 Morro
2- 311 -16
IMPROVEMENTS
OWNER
LOCATION
S A.R. Overall
PARCEL NO.
REQUIRED
C,
S,
R
J.E.
Maino Estate
B.W. Polin,.Etal.
896 Mill
(Morro St. side)
2- 303 -13
S
T.M. & D.J. Hoffman
761 Morro
670 Osos St.
2- 303 -20
S, R*
A.E. Storm, Etal.
952 Mill
(Morro St. side)
2- 312 -07
S
J.L.Silvaggio, Etal.
760 Morro
also Peach
2- 312 -11
S, R
O'Hara
St. side
2- 313 -05
C,
N.J. & L.H. Murphy
963 Peach
St.
2- 312 -12
S
J.E. & M.C. Hillard
902 Peach
also Morro
2- 311 -15
C, S, R (2)
St. side
T.&
I. Kaman
680 Morro
2- 311 -16
C, • S
O.B.
S A.R. Overall
671 Morro
2- 294 -09
C,
S,
R
J.E.
Maino Estate
1010 Peach (Osos St.
side)2- 313 -10
Cr
S
V.B.
Chaides
670 Osos St.
2- 313 -04
C,
S,
R.**
D.M.
& J. Morris
662 Osos St..
2- 313 -03
C,
S,
R **
G.J.
O'Hara
1023 -1025 Walnut
2- 313 -05
C,
S,
R
S.M.S.
Ccnnpany
2150 -2180 King St.
3- 739 -18
Cr
S
*Construction may be delayed for one year.
* *Construction of sidewalks may be delayed for an indefinite period.
Recording Requested By:
CITY OF SAN.LUIS OBISPO
ti
When reco _ *.o:
CITY CLERIL
City of San Luis L,uLz-,00,
P.O. Box 321
San Luis Obispo,. CA 93401
0 0
RESOLUTION NO. 3256 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO FINDING AND DETERMIN-
ING THAT A PORTION OF ABBOTT STREET IS
UNNECESSARY FOR PRESENT OR PROSPECTIVE
STREET PURPOSES AND ORDERING THE ABANDON-
MENT OF SAME.
0%%K€ Nt t ACARECF
DOC. NO. 121160
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAL
MAR 161577
COMPARED .
WILLIAM E. ZIMARIK
COUNTY RECORDER
TIME p
O1
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 March 1, 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 Abbott Street shown
on the map marked Exhibit "A ", attached hereto and thereby
incorporated herein, is not necessary for present or pro- -
spective street purposes for the�fol.lowing "reasons:
a. The portion to be abandoned is a "dead end"
street located adjacent to U. S. 101 Freeway and east
of Henderson Avenue.
b. The section of street is unimproved.
c. One lot of record, owned by the applicant, has
frontage on the subject street.
Section 2. This Council hereby orders the abandonment of
said section of Abbott Street subject to reservations of utility
easements as outlined in Resolution No. 3242.
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 3/1/77
R tvo' 5Y96.1 pact 352
Resolution No. 3256 (1977 Series)
On motion of Councilman Petterson, seconded by Councilman
Graham and on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson
and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 1st day
of March , 1977.
ATTEST:
y erc
J-
Aj�irov kl'� .as to 'form:
WEXbT;' MI't&dELL; SINSHEIMER,
deA• -la MOTTE & LIL EY
City Attorney
By Allen Grimes
ktm 3/1/77
Approved as to content:
•
City Administrate Officer
-2-
•34
Pam
REsol. ON NO,. 32.55 (1977 Ser.ieF ^•.
A RESOLUTION OF THE COUNCIL OF THE CITY_ OF
SAO LUIS OBISPO GRANTING APPROVAL OF_
TENTATIVE-'TRACT-NO. 5929'.LOS VERDES ESTATES;
PHASE.-III.
WHEREAS, the City Council has declared that it is the policy of the City
to consider the subdivision of real property and the subsequent development of the
subdivided property as subject to the control of the City pursuant to the
officially adopted General Plan of the City for the orderly, planned, efficient,
and economical development of the City; and
WHEREAS, the City Council has adopted policies and regulations to protect
and provide for the public health, safety, and general welfare --of the City and its
citizens; and
WHEREAS, the City Council has declared that it is the policy of the City
to develop and maintain a high quality natural and man -made environment now and in
the future, and take all action necessary to protect, rehabilitate and enhance the
environmental quality of the City and to ensure that the long =term protection of the
environment shall be the guiding criterion in public decisions; and
WHEREAS, the City Council has declared that it is the policy of the City
to create and maintain conditions under which man and nature can exist in pro-
ductive harmony to fulfill the social and economic requirements of present and.
future generations; and
WHEREAS, the City is directed with many creeks which act as the City's,.
natural drainage system, and severe damage was done to public and personal property
due to flooding in January 1969 and January 1973; and
WHEREAS, the City is a member of Flood Control District Zone 9 which has
developed a master plan for flood control in the San Luis Creek watershed, of which
the entire City of San Luis Obispo is in, and the several objectives of the master
plan for flood control are to provide for the control, disposition and transport of,
flood waters in order to protect life and property in such a manner as to enhance
the quality of the environment; to provide a basis for present and future decisions
on land use, public facilities and flood control facilities; to seek solutions which
have potential uses beyond their basic flood control functions, thus offering
multiple benefits for funds expended; and
WHEREAS, the site of tentative tract No. 592 is adjacent to San Luis Creek
and portions of the site are subject to flooding; and the proposed subdivision
improvements, including modification to San Luis Creek channel, are approved and
encouraged by the Zone 9 Advisory Board as meeting the goals and objectives of the
master plan for flood control; and
WHEREAS, the City Planning Commission after extensive study and review of
reports, studies and environmental impact report have submitted their recommenda-
tion to the City Council to approve tentative tract No. 592;
follows:
THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as
R 3255
Council Resolution No. 3255
Page Two
Tract No. 592
(A) That the Council, after consideration of the tentative map of Tract No. 592
and the Planning Commission staff recommendations and reports thereon, makes
the following findings:
1. The proposed map is consistent with applicable general and specific plans.
2. The design or improvement.of the proposed subdivision is consistent with
applicable general and specific plans.
3. The site is physically suitable for the type of development.
4. The site is physcially 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 and wildlife or their habitat.
6. The design of the.subdi.vision or the type of improvements is not likely to
cause serious public health problems.
7. The design of the subdivision or the type of improvements will not conflict with
the easements, acquired by the public at large, for access through or use
of property within the proposed subdivision.
8. Changes or alterations have been required in, or shall be incorporated into,
the project which mitigate or avoid the significant environmental effects
thereof as identified in the final environmental impact report for the project.
9. Not withstanding, the short -term environmental costs involved in creek modi-
fication, the long -term social.and economic benefits associated with eventual
achievement of protection from 100 -year floods, warrants the selection of
this alternative, with appropriate mitigation measures.
(B) That the tentative map for Tract No. 592 be approved subject to the following
conditions:
I. The subdivider shall correct overland flood hazard conditions affecting his
property and obtain clarification of the Flood Plain Information Report from
the Corps of Engineers regarding flood hazard conditions.
2. The subdivider shall modify the San Luis Creek channel in the vicinity of the
subdivision (approximately 3200 foot section) per preliminary plans on file
with the City and to the approval of the City Engineering Department, Flood
District Zone 9, California Department of Fish and Game and any other agency
with jurisdiction. The modification shall be completed concurrent with the
subdivision improvements required by the City and prior to occupancy of any
buildings. All rough grading of creek channel modifications shall be
completed prior to commencement of street improvements and /or building permits
issuance.
3. The subdivider shall provide, and implement, a complete landscaping plan for
the area of creek channel modification, subject to the City and Department of
Fish and Game approval. The plan shall include a maintenance schedule,
including watering and replacing all plantings which die, for a minimum period
of one year after installation.
4. The storm drain system shall be designed to accept and transmit a 1M-year
storm. The storm drain across Higuera Street shall be extended to the
approval of the City Engineer. The existing 2' x 3' box culvert across
Higuera shall be removed or plugged to the approval of the City Engineer.
Council Resolution No.' 3255
Page Three
Tract No. 592
5. All grading shall be per the City's Grading Ordinance and be reviewed and
approved by the City Council prior to final map recordation.
6. The subdivider shall install all curb, gutter, sidewalks, street pavement,
street signs, street lights and utilities to City and utility company
standards and approval.
7. Curb grades shall be a minimum of one percent unless an exception i.s granted
by the City Engineer.
8. The subdivider shall dedicate to the City and improve sufficient right -of-
way on Higuera Street to accommodate a 42 -foot section from street centerline
to property line to the satisfaction of the City Engineer.
9. The subdivider shall dedicate to the City a one foot non - access strip at
proposed six foot high wall adjacent to Higuera Street.
10. The subdivider shall dedicate to the City Lot 94 for public utility and
emergency access easement purposes, and Lot 95 for.open space and creek
maintenance purposes.
11. The subdivider shall pay park in lieu fees in amount of.$150 per lot prior
to final tract map approval. Creek bank and open space offered for dedication
to City is not considered a credit for park land dedication. If said area is
improved and acceptable to the City, partial credit for park land dedication
will be determined by the Pla.nn,ing Commission.
12. The subdivider shall obtain required rights from Tract 467, Unit I, for
utility tie -ins as shown on tentative tract map.
13. All public service easements containing underground utilites shall be developed
with an all- weather dust -free access, at least 12 feet in width.
14. Union Oil Company shall be requested to sign the subdivision improvement
plans and final tract map.
15. All building sites shall be at least one foot above maximum 100 -year flood
elevations.
16. All water lines shall be 8 inches and be looped. Any short stubs which will
not be extended in the future may be 6 inches in diameter. Fire hydrants shall
be installed at the ends of stub lines in lieu of blow offs at cul -de -sacs
unless otherwise required by the City.
17. Fire hydrants shall be located and be approved by the Fire Department.
18. Sewer lines shall be 8 inches in diameter except for a run from the last manhole
ending in a lamphole which will not be extended in the future. The 8 inch
sewer being extended out to Higuera Street shall end with a lamphole.
19. The subdivider shall install street trees to the approval of the Public Services
Department and there shall be a 10 foot street tree easement along all street
frontages.
20. The existing mature trees located in the northwest corner of the subdivision
shall not be disturbed. The subdivider shall take all precautions necessary
during construction to protect the trees. If any trees die, the City may
require that the subdivider install trees of equal size and /or value.
21.. Street names shall be revised to the satisfaction of the Community Development
Director.
22. The subdivider shall pay water acreage fees (currently estimated at $17,047.75,
18.43 acres at $925 per acre). Actual fee to be determined at time final map
is recorded.
Council Resolution
Page Four
Tract No. 592
No. 3255
.,c
23. The subdivider shall pay water frontage fees (currently estimated at $5,300.25,
573 foot frontage, after dedication, at $9.25 per foot),.less any allowable
credits. Actual fee to be determined at time final map is recorded.
24. The subdivider shall pay sewer connection fees (currently estimated at
$1,000.89, $3.471698 per person, 3,10 persons per unit, from census data,
for 93 units).
25. The subdivider shall install low maintenance landscaping and watering system
in the area.along Higuera Street between the block wall and the sidewalk,
acceptable to the Community Development Department and Architectural Review
Commission.
26. The subdivider shall install uniform six foot high fencing or screening
acceptable to the City on the southern property line of Lots 3 through 14.
27. The subdivider shall plant at his cost 750 steelhead rainbow trout smolts in
San Luis Creek, annually, for a period of three years, at the direction of
the Department of Fish and _Game.
28. The power lines at the southern boundary of the property shall be under -
grounded or contributing funds to future undergrounding at a later date.
29. An inspector, well trained in the areas of creek ecology, shall be hired by
the City and paid for out of the subdivider's inspection deposit to assure
that the conditions of this subdivision, related to the creek modifications
are complied with.
30. Half of the lots created by this subdivision shall be offered to potential
purchasers for purchase by a lottery designed to facilitate the sale of
said lots on an individual basis to interested members of the general public.
These lots shall be evenly dispersed throughout the subdivison.
At least ten days before these lots in the subdivision are offered for sale,
notice of an offer to sale by lottery shall be published once a week for
two consecutive weeks in a daily newspaper of general circulation.
The purpose of the lottery system shall be to select potential purchasers of
lots in the event there are more purchasers than lots available. The lots
shall not hold any further commitments on the purchaser other than purchasing
an undeveloped lot.
The developer shall have the right to fix in advance. a statement of price.
If after one year, any of the lots offered under the lottery have not been
sold, said lots shall fall under control of the subdivider to dispose of
the property in the manner he wishes.
I
Council Resolution No. 3255
Page Five
Tract No. 592
On motion of Councilman Norris seconded by Councilman Petterson
and on the following roll call vote:
AYES: Councilmen Graham, Norris and Petterson
NOES: Councilman Gurnee and Mayor Schwartz
ABSENT: None
the foregoing Resolution was passed and
ATTEST:
Approved as to form•
Wendt, Mitchell, Si eimer,
de la Motte & Lille
City Attorney
en Grimes
this22ndiay of February , 1977.
r
Approved as to content:
City Administrative mv-a'-4 r
I' �
R��OLUTION NO. 3254 (1977 Series V—
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 Anticrecession Assistance Program
2nd Allocation FA02
Dept.
(80) Police Department
(85) Fire Department
60- 1437 -010 Antirecession Assistance Revenue
2nd Allocation FA02
Unappropriated Balance
Budget
5,150.00
1,575.00
6,725.00 DR.
15,781.00 CR.
9,056.00 DR.
6,725.00 CR.
On the motion of Councilman Norris seconded by Councilman Graham ,
and on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of February ,
1977.
ATTEST:
r
Ci er c
Approved as to form:
WENDT, MITCHELL, SINSHEIMER
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
Approved as to content:
City Admi istrative Offi
Finance Direc
R 3254
1
BUDGET ESTIMATE
FEDERAL ANTIRECESSION ASSISTANCE
2nd ALLOCATION
Dept. 80 Police Department
Equipment
6 portable radios
@ $858 est. each $5,150.
Dept. 85 Fire Department
Equipment
1 portable radio
@ $858 est. $860.
1 Gas Sniffer (Arson
Detector) 715. 1,575.
Total Appropriation $6,725.
RESOLUTION NO. 3253 =A (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING CAPITAL
IMPROVEMENT APPROPRIATIONS 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
appropriat onz account be increased to provide for final payment on the contract
for Broad Street Waterline Relocation, City Plan 21 -75:
Account No. Description Budget Amount
(40) 40- 6361 -625 Broad Street Waterline $14,600. DR.
BE IT FURTHER RESOLVED that a transfer of $14,600. from the Water Capital Replace-
ment Reserve to the Capital Improvement Fund is authorized to provide for the
above payment.
On the 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 abopted this 15th day of February
1977.
ATTEST:
C' er
Approved as to form: Approved as to content:
WENDT _MITCHELL, SI HEIMER,
de la MOTTE $ LILLE
City Attorney
,a
By Allen Grimes
City Administrative Offic
inance Di -ctor
R 3253 -A
a
RESOLUTION NO. 3253 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF'
SAN LUIS OBISPO ACCEPTING WORK ON CITY PLAN
21 -75, BROAD STREET WATERLINE RELOCATION,
.AND AUTHORIZING FINAL PAYMENT ON THE CONTRACT.
WHEREAS, the City of San Luis Obispo has received a request
from Charles A. Pratt Construction Company relative to.payment
of Estimates No, 7 and No. 8 (Final Payment) on the contract for
Broad Street Waterline Relocation,'City Plan 21 -75; and
WHEREAS, the work-on said'project has been,completed by
said contractor; and
,WHEREAS, completion of the project was accomplished fifty-
four (54) days after the completion date `specified in .the
contract; and
WHEREAS, said contract provides for collection by the City
of liquidated damages of $50 per day for delay in completion
of -the contract by deduction from the final payment on said
contract;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of San Luis Obispo as follows:.
Section 1. This Council hereby accepts the work done under
City Plan 21 -75, Broad Street Waterline Relocation., by Charles
A. Pratt Construction Company, and directs the.City Clerk tb
file the Notice of Completion.
Section 2. This Council hereby authorizes immediate payment
of Estimate No. 7 in the amount of $27,536.96.
Section 3. Final payment of Estimate No. 8 in the amount
of $1.8,090.09 ($2.0,790:09 less $2,700 liquidated damages [54
days x $50]) is hereby.authorized. Payment shall be made thirty -
ktm 2/4/77 R 3253
Resolution NO. 3240� 0977 Series)
five (35) days after the filing of the Notice of Completion.
Section 4. The accbptand - e of the work And payment',of
Estimates No. 7 and No. 8'as autho-kized by this Resolution
shall not in any way'con.stitute a waiver by the.City of any
liability on the part of the contractor, Charles A. Pratt
Construction Company, for any claims or damages heretofore .
or hereafter filed against the City as a result of the per=
formance of the contract work by Contractor-
Section 5. The City Clerk is directed to furnish certified
copies of this Resolution to Charles A. Pratt Construction
Company and the Department of Transportation, state of California-
On motion of Councilman Norris' seconded by Councilman
Gurnee and on the following roll call vote:
AYES: councilmen Graham, Gurnee, Norris, Pettetson
and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day
Of February j 1977.
ATTEST:
Clerk
Approved as to fo WENDT,
MITCHELL, SINSHEI R, de la
MOTTE & LILLEY, Ci 11 . % y
Approved as to content:
City A dm p ni
strative OTicer
By Allen Grimes 'City; E ineer'
Public Services Director
ktm 2/4/77 2
RESOLUTION NO. 3252 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING A
TRANSFER OF GENERAL FUND APPROPRIATIONS.
BE'IT RESOLVED by the Council of the City of San Luis Obispo that the
following transfer of Contingency Appropriation funds is authorized to
provide City participation in a test program of "Worm Digestion of Sludge
at the City Sewer Treatment Plant ".
Account Description Budget Amount
(50) 01- 4714 -405 Worm `Digestion Test Project $750.00 DR.
(50) 01 -3999 -000 Contingency Appropriation 750.00 CR.
On the motion of Councilman Graham seconded by Councilman Pet.terson ,
and on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz
NOES: Councilman Norris
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of February
1977.
ATTEST:
u Clerk
Approved as to.form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE '$ LILLEY
City Attorney
By Allen Grimes
Approved as to content:
City Administrativ 0 cer
F naance Di r
R 3252
RESOLUTION NO. 3251
(1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO RESCINDING GREEN ZONES ON A
PORTION OF HIGUERA STREET AND A PORTION OF
TORO STREET: RESCINDING PARKING RESTRICTIONS
ON A PORTION OF PISMO STREET: PROHIBITING
PARKING ON A PORTION OF JOHNSON AVENUE AND
ESTABLISHING A MAIL ZONE ON LAUREL LANE AD-
JACENT TO LAUREL LANE MARKET.
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
Section 1. All existing green zones are hereby rescinded on
the Southerly side of Higuera Street between Toro and Santa Rosa
"Street and replaced with two -hour spaces.
Section 2. All - existing green zones are hereby rescinded on
the Westerly side of Toro Street between Marsh and Higuera Streets.
Section 3. The existing parking prohibition is hereby rescinded
on the Southerly side of Pismo Street beginning at a point 40' Westerly
of the Northerly prolongation of the Westerly property line on Osos
Street thence continuing 29' Westerly.
Section 4. Parking is hereby prohibited on the Easterly side
of Johnson Avenue beginning at the intersection of the Easterly
prolongation of the centerline of Bishop Street and thence continuing
232' South and on the Westerly side of Johnson Avenue beginning at
the Easterly prolongation of the Southerly property line on Bishop
Street and thence cont- inuing 79' South.
Section 5. A mail zone is hereby established on the Easterly
side of Laurel Larie beginning at a point 264' South of the Westerly
prolongatiori;of the Southerly property line of Richard Street and
thence continuing 48' South.
R 3251
Resolution No. 3 (1977 Series)
Sect -ion 6. This Resolution shall become effective when
signs or other street and curb markings have been installed'and
maintained so as to give notice of the regulations contained
herein.
On motion of - Councilman_Nor-ris 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 f
WENDT, MITCHELL,
de la MOTTE & LI.
City Attorney
by Allen Grimes
IMER,
Approved as to content:
City A ministrdtiv O ices
RESOLUTION NO. 3250 (19 77 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO APPROVING AN AGREEMENT
BETWEEN THE CITY AND THE SOUTHLAND COMPANY
FOR ACQUISITION "OF SANTA ROSA STREET.RIGHT
OF WAY.
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
Southland Company for acquisition-of right of way for Santa
Rosa Street Widening (Document No. 180 -1 and 180 -1 -1)
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:
the City's right of way agent 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
tdOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this lst
of February , 1977
ATTEST:
y C erk
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
A Professional Corporation
City Attorney
BY Allen Grimes
day
Approved as to content:
City Administrate Officer
City Enolneer
R 3250
c Dailas, Texas st: Co y P_.vl R W E..A.
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ret_
THE SOUTHLAND CORPORATION
O R I G I N A L
. A Texas Corporation
(Grantor)
RIGHT OF WAY CONTRACT - CITY STREET
180 -1
Document No. 180 -1 -1 in the form of 'a GRANT DEED
covering the property particularly described therein has been executed and
delivered to R.. H. TARVIN Right of Way Agent for the State
of California, acting on behalf of the City of San Luis Obispo.
In consideration of which, and the other considerations hereinafter set'
forth, it is mutually agreed as follows:
1. The parties have herein set forth the whole of their agreement. The
performance of this agreement constitutes the entire consideration for said
document and shall relieve the City of San Luis Obispo of all further obli-
gation or claims on this account, or on account of the location, grade or
construction of the proposed public improvement. .
2. The City of San Luis Obispo shall:
(A) Pay the undersigned grantor(s) the sum of $ 10,537.50_ for
the property or interest conveyed by above documents) when
title to said property vests in the City of San Luis Obispo
free and clear of all liens, encumbrances, assessments, ease-
ments and leases (recorded and /or unrecorded), and taxes,
except:
a. Taxes for the fiscal year in which this escrow closes
which shall be cleared and paid in the manner required by
Section 4986 of the Revenue and Taxation Code, if unpaid
at the close of escrow.
b. Covenants, conditions,.restrictions and reservations of
record, or contained in the above referenced document.
C. Easements or rights of way over said land for public or
quasi- public utility or public.street purposes, if any.
APPROVED BY DISTRICT 5
Dated / -a0- i7
II,I. L•: heniz' ge
Deputy District Director.
Right of J4Tav
(B) Pay all escrow and recording fees incurred in this trans-
action, and if title insurance is desired by the City of
San Luis Obispo, the premium charged therefor.
(C) Have the authority to deduct and pay from the amount shown_
in Clause, 2(A) above, any amount necessary to satisfy any
delinquent taxes due in any fiscal year except the fiscal .
year in which this escrow closes, together with penalties
and interest thereon, and /or delinquent or nondelinquent
assessments or bonds except those which title is to be
taken subject to in accordance with the terms of this
contract..
3. Any or all moneys payable under this contract, up to and inclu-
ding the total amount.of unpaid principal and interest on note(s)
secured by mortgage(s) or deed(s) of trust, if any, and all other
amounts due and payable in accordance with the terms and conditions
Of said trust deed(s) or mortgage(s) shall, upon demand(s) be made
payable to the mortgagee(s) or beneficiary(s) entitled thereunder;
said mortgagee(s) or beneficiary(s) to furnish grantors) with good
and sufficient receipt showing said moneys credited against the
indebtedness secured by said mortgages) or deed(s) of trust.
4. The grantor(s) shall retain possession of the property conveyed_
up to and including the date of recording of the deed conveying
title to .the City of San Luis Obispo upon compliance by the grantor(s)
with the conditions of this contract. All rents collected by
grantor(s) applicable to any period thereafter shall be paid to the
City of San Luis Obispo. Either party hereto collecting rents to
which the other party is entitled shall forthwith pay such amount to
the other as is necessary to comply with the provisions of this clause..
5. Grantor(s) warrant(s) that-there are no oral or written leases on
all or any portion of the property exceeding a period of one month,
and the grantor(s) further agree(s) to hold the City,of San Luis Obispo
harmless and reimburse the City of San Luis Obispo for any and all of
its losses and expenses occasioned by reason of any lease of said
property held by any tenant of grantor(s) for a period exceeding one
month.
6. The undersigned grantor(s) hereby agree(s) and consents) to.the
dismissal of any eminent domain action in the Superior Court wherein
the herein described land is included and.also waives any and all
claims to any money that may now be on 'deposit in said action.
- 2 -
7. At no expense to grantor and at the`t.ime of performing the
work of improving Santa Rosa Street between Monterey and Walnut
Streets, the City of San.Luis Obispo or its contractor shall
perform, but not be limited to, the following .work -which is also
partially depicted on the.sketch attached hereto as Exhibit A
and made a part hereof:
(A) Provide the necessary materials and perform the work
of relocating two parking area luminaries to a loca-
tion on grantor's remaining property, as shown on
Exhibit A attached hereto.
(B) Provide the necessary materials and perform the work
of relocating one rotating advertising sign to a ;
location on grantor's remaining property, as also
shown on Exhibit A.attached hereto.
(C) Perform the work of cutting rear concrete block wall,
chain link fence, and guardrail and reestablishing
or conforming as required.
(D) Construct two commercial driveways for .ingress . and
egress purposes to Santa Rosa Street and conform to
grade, as per Exhibit A attached hereto.
(E) Conform Monterey Street westerly driveway to new
sidewalk and curb,. including the work of widening
said.driveway to a similar width.
(F) Adjust storage tank filler spouts and .caps to new
grade, per Exhibit A attached hereto.
(G) Provide the necessary materials and perform the work
of paving with asphalt the area shown crosshatched on
Exhibit A attached hereto for the purpose.of conform=
ing said area to grantor's remaining property.
8. Permission is hereby granted the City of San Luis Obispo or
its authorized agent to'enter upon grantor's land, where
necessary, for the purpose of performing the work as mentioned.
in Clauses 7(A) through (G) above.
Grantor understands and agrees that upon completion.of the
work described in Clauses 7(A) through (G) of this contract,
said luminaries, rotating advertising sign, concrete block wall
with guard rail,and chain link fence, as mentioned in said
clauses, shall remain the sole property of the grantor, the main_
tenance and repair of said property to be that of the grantor.
- 3 -
9. It is understood and agreed that all utility services
affected by the City of San Luis Obispo's proposed construction,
.which are not compensated for under the amount provided in
Clause 2 (A) above and specifically designated as having been
provided for by the terms of this contract, shall be reconnected
by the City or its contractor at no expense to.the grantor. The
City or its agent is hereby granted the right to enter upon the
remaining property of the grantor for the purpose of performing
said work.
10. This transaction will be handled through an escrow with
SAFECO Title Insurance Company, P. 0. Box 1145, San Luis Obispo,
California 93406; their No. 1067.24.
- 4 -
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IN WITNESS WHEREOF_, the parties have executed this agreement the
day and year first above written.
THE SOUTHLAND CORPORATION
A Texas,Corpor n
Seal '
By:
ice= resin
Acquisition.Branch
CIVY OF SAN LUIS OBISPO
By L,mZ&a
Right of .Way Agrgment - Santa Rosa Street
The Southland Company
Approved as to form
TENDT, MITCHELL, SINSHEIMFR,
JILLFY
de la MOTTE &
City Attorney
By Allen Grimes
Approved as to content:
City Administrative fficer
City Engineer.
RESOLUTION NO. 3249 (19 77 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO APPROVING AN AGREEMENT
BETWEEN THE CITY AND ROBERT H. MOTT, ET
UX. FOR ACQUISITION OF SANTA ROSA STREET
RIGHT OF WAY.
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 Robert H.
Mott et ux. for acquisition of right of way for:Santa Rosa
Street widening (Document No. 180-4-1
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:
the City:',s right of way agent 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 1st day
of February 1977 .
ATTEST:
—
y Clerk
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
A Professional Corporation
City Attorney
By Allen Grimes
Approved as to content:
City Ad-ministfatl we ?Officer
4�y--Yhfgi
er
3249
RESOLUTION NO. 3248 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO APPROVING AN AGREEMENT
WITH SAN LUIS COASTAL UNIFIED SCHOOL
DISTRICT FOR CITY PURCHASE OF LAND NEEDED
TO EXTEND FLORA STREET.
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. That certain agreement, a copy of which is
attached hereto marked Exhibit "A ", between the City and San
Luis Coastal Unified School District, is hereby approved and
the Mayor is authorized to execute same.
Section 2. The City Clerk shall furnish a copy of this
Resolution together with its Exhibit "A" to: San Luis Coastal
Unified School District and the City Engineer.
Section 3. The Finance Department shall issue a warrant
in the amount of $1,145.00 upon receipt of the Deed for said
property.
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 lst day
of February , 1977.
ATTEST:
i
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE &�LILLEY
City Attorney
0.
.. . %. i —vv - -- - -. ._ .
By Allen Grimes
.Approved as to content:
City Administrativ Officer
City n ginee
R 3248
AGREEMENT
This Agreement, executed this 5th day of January ,
1976, by and between San Luis Coastal Unified School District,
hereinafter called District, and the City of San Luis Obispo, a
Municipal Corporation, hereinafter called City, witnesseth:
1. District agrees to convey to the City .026 acres more or
less, as shown on the attached sketch.
2. The City agrees to pay the Grantor the sum of $1,145.00
This Agreement is binding upon successors of either party.
IN WITNESS WHEREOF, we have set our hands hereto on the
date indicated above.
SAN LUIS COASTAL UNIFIED
SCHOOL DISTRICT
By: C;)2
SSISTANT SUPERINTENDENT
CIT'* OF SAN LUIS OBISPO
By
ATTEST:
Ter
Approved as to form: Approved as to content:
WENDT, MITCHEIA, SINSHEIMER,
DE LA MOTTE & LLEY, INC. '
City Attorney
CitesCity Administratilke Officer
By Allen Grimes - Abg,,
t sneer
EXHISIT "A"
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