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HomeMy WebLinkAbout2100-2136I � I 0 RESOLUTION NO. 2136 (1970 Series) A RESOLUTION REQUESTING THE PUBLIC UTILITIES COtMMISSION TO INVESTIGATE Z7AYS AND MEANS OF LANDSCAPING RAILROAD RIGHTS OF WAY. WHEREAS, the City Council has been advised that the staff of the Public Utilities Commission has been informally studying the feasibility of requiring railroads to landscape their rights of way in urban areas. WHEREAS, it is in the public interest that some type of uniform procedure be adopted whereby landscaping of railroad rights of way could be accomplished. NOU. THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The City of San Luis Obispo urges the Public Utilities Commission to convene a hearing to investigate plans and procedures for landscaping railroad riShts of way in urban areas. 2. That the City Clerk be and he is hereby directed to forward copies of this resolution to the legislative representatives of the City of San Luis Obispo and to the League of California Cities. On motion of Mayor Schwartz, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Male, Graham, Nliller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 14th day of December, 1970. ATTEST: CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at an Adjourned meeting held thereof on the 14th day of December, 1970. x/36 RESOLUTION NO. 2135 (1970 Series) A RESOLUTION APPROVING THE JOINT PURCHASE OF PETROLEUIMT PRODUCTS WITH THE COUNTY OF SAN LUIS OBISPO FOR 1971. WHEREAS, a cooperative agreement between the County of San Luis Obispo and the various districts and cities located within said County for joint purchase of petroleum products has been proposed which would result in substantial savings to the County and said agencies; and WHEREAS, the Board of Supervisors of the County of San Luis Obispo has adopted Resolution 70-605 dated October 26, 1970 setting forth the terms and conditions of such a pooled bidding agreement; and WHEREAS, it is in the public interest that the City of San Luis Obispo participate in such consolidation of petroleum product purchases. NOW, THEREFORE, BE IT RESOLVED and OPDERED by the Council of the City of San Luis Obispo that: 1. The terms and conditions of Resolution No. 70-605 adopted by the Board of Supervisors of San Luis Obispo County on October 26, 1970 providing for a pooled bidding agreement for the purchase of petroleum products by public agencies in the County during calendar year 1971 are hereby approved. 2. The Administrative Officer is hereby authorized and directed to complete and file with the County Purchasing Agent a statement of the estimate requirements for petroleum products for the City of San Luis Obispo during calendar year 1971. On motion of Council, -.= Planer, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Blake, Graham, lviiller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and ATTEST: CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at an Adjourned Meeting held thereof on the 14th day of December, 1970. RESOLUTION NO; 213-6 (1970 Series) A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AGREEUjENT WITH TIM CALIFORNIA DIVISION OF HIGHWAYS FOP. PREPARATION OF A TOPICS STUDY REPORT FOR THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement between the California Division of Highways and the City of San Luis Obispo is hereby approved. 2. The Mayor is hereby authorized and directed to execute said agreement on behalf of the City of San. Luis Obispo. On motion of Councilman miller, seconded by Councilman Graham, and on the following roll call. vote: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOE S: None ABSENT: None the foregoing Resolution was duly passed and adopted this 7th day of December, 1970. ATTEST: ,. C O erk CERTIFICATION I hereby certify that the foregoing Resolution Nvas duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 7th day of December, 1970. �j� oCity ler LOCAL AGENCY -STATE AGREEMENT Traffic Operations Program to Increase Capacity and Safety TOPICS. 07 Mn _Uds Obleyd ;,. %v Lulu 0018po'. District County City AGREEMENT No. MASTER AGREEMENT URBAN AREA Name Xn -L "S OblI io URBAN AREA No. 3WA THIS AGREEMENT, made in dimlicau this day of • .. _ , 19 , by and between 3se CUY or &W UAV Obloo , political subdivision(s) of.the State of California, hereinafter referred to as ``LOCAL AGENCY ", and the STATE OF CALIFORNIA, acting by and through the Divisioq of Highways of the Depart- ment of Public Works, hereinafter referred to as "STATE". .. WITNESSETH: WHEREAS, the Congress of the United 'States has in the Federal -Aid Highway Act of 1908 declared it to be in the national interest for Federal Funds to be expended for a "TOPICS" program which consists of making traffic operations improvements on a systematic basis in accordance with an areawide plan over a network of arterial and other major streets within urban areas; and WHEREAS, the Legislature of the State of California has enacted Chapter 1141 of the Statutes of 1969, by which the federal funds authorized may be made available for use on county highways, city streets, and state highways to reduce traffic congestion and to facilitate the flow of traffic in urban areas in accordance with the intent of the federal act; and WHEREAS, there exists a compelling need for traffic operation improvements on existing streets within the boundaries of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE therefore desire to make use of such TOPICS funds as may be made available within the jurisdictional boundaries of said LOCAL AGENCY; and WHEREAS, before Federal -aid will be made available for a TOPICS program, LOCAL AGENCY and STATE are required to enter into an agreement with respect to the preparation of an area -wide TOPICS plan and with respect to the construction, maintenance and evaluation of such TOPICS improvement projects as may be financed, in part with federal TOPICS funds. THEREFORE IT IS AGREED:. The Areawide "TOPICS" Plan and Study.Report together with such improvement projects as may be financed with TOPICS funds will conform with the general provisions of U.S. Bureau of Public Roads (also referred to hereinafter as BPR or Bureau) Policy and Procedure Memoran- dum (also referred to hereinafter as PPM) 21 -18 and with the following special provisions. FORM HCC 208 10/69 ARTICLE I — CONDITIONS TOPICS AGREEAIENT 1. As a condition for Federal "TOPICS" Funds participation in an Areawide "TOPICS" Plan and Study Report or in a TOPICS improvement LOCAL AGENCY shall prepare a general plan of highway improvements on local roads and streets and State Highways within the bound- aries of the urban area designated by STATE and approved by the U.S. Bureau of Public Roads based upon a continuing comprehensive transportation planning process meeting the requirements of Section 131 of Title 23, United States Code. 2. Any such transportation planning process within an urban area of over 50,000 popu- lation or which will soon be over 50,000 population shall be conducted in substantial conformance with Bureau of Public Roads Policy and Procedure Memorandum 50 -9 and any such transportation planning process with a smaller urban area shall conform substantially with BPR Instructional Memorandum 50 -3 -69. The U.S. Bureau of Public Roads will determine which category applies to an urban area and STATE will furnish LOCAL AGENCY with copies of the applicable Pro- cedural or Instructional Memorandum. 3. Except for those functions specified in PPM 21 -18 TOPICS funds may not participate in LOCAL .AGENCY expenditures for the continuing comprehensive transportation planning process nor in the preparation of the general plan. When approved by the BPR and agreed between STATE and LOCAL AGENCY federal highway planning funds may participate in the cost of such planning. Federal TOPICS funds may participate only in the areawide TOPICS plan and study report or in TOPICS improvement projects as provided herein. d. Federal funds may participate only in work which has been officially programmed to and approved by the U.S. Bureau of Public Roads in advance of its performance. ARTICLE II — AREAWIDE TOPICS PLAN AND STUDY REPORT 1. LOCAL AGENCY shall with or without federal -aid prepare or arrange for the prepa- ration of an Areawide TOPICS Plan and Study Report conforming to the provisions of PPM 21 -18 and this agreement. The area to be covered, the estimated cost and the method of financing are set forth in the attached Exhibit "B ". 2. The unit designated in Exhibit "B" will serve as a COORDINATING AGENT to represent LOCAL AGENCY in transactions with STATE described herein as being the responsi- bility of COORDINATING AGENT. 3. COORDINATING AGENT will be responsible for coordinating the following operations within the boundaries of LOCAL AGENCY and where applicable with similar operations in jurisdictions contiguous to LOCAL AGENCY. (a) the selection of a Type II Federal -aid primary system, (b) the conduct of comprehensive traffic engineering studies, (c) the preparation of a general plan of highway improvements, (d) the preparation of an Areawide TOPICS Plan and Study Report, (e) the selection of TOPICS IMPROVEMENTS, and (f) the determination of TOPICS IMPROVEMENT priorities. COORDINATING AGENT will also perform all other acts necessary to coordinate TOPICS program operations at the local level in conformance with all applicable state and federal laws, rules, regulations, and operation procedures. FORM HCC 208 10/69 TOPICS AGREEMENT` •I. Unless specifically set forth otherwise in Appendix "B" all data for the Areawide "TOPICS" Plan and Study Report specified in PPM 21 718 is to be furnished by LOCAL AGENCY, or by a consultant under contract to or in agreement with LOCAL AGENCY or its agent. 5. When a portion of the Areawide TOPICS Plan and Study Report is to be done by a consultant with federal -aid, the agreement or contract with the consultant shall be subject to .Article VI, Paragraph 3, of this agreement. 6. Upon completion of the General Plan of Highway Improvements, the Areawide TOPICS Plan and Study Report, The Primary Type II System and the list of traffic operation improvement priorities, they shall be adopted by the local governing body and submitted to STATE in sep- tuplicate with the followings (a) With respect to urban areas in excess of 50,000 population a statement by policy committee of the local Urban Transportation Planning Study attesting to compatability of the proposed Type II System and improvement program with overall urban planning. (b) Assurance that the TOPICS plan and Type II System has been coordinated with con - tiguou. •Jurisdictions where applicable and that the recommended plan of development has been coordinated with plans for local public or mass transportation services with possible plans for fringe parking, and with airport access planning. (c) Assurance that whether or not federal -aid is granted for the purpose, LOCAL AGENCY intends to implement the adopted plan of traffic operation improvements within a reasonable period to the extent that same may be done with available funds. 7. STATE will review submitted material for conformance with federal requirements and obtain approval of the U.S. Bureau of Public Roads. 8. LOCAL AGENCY shall retain approved TOPICS plan, report, and all supplemental data for STATE or Federal inspection for a period of three years following final payment of any federal funds which may participate in the TOPICS plan or improvements included in the plan. ARTICLE III _ TOPICS IMPROVEMENTS 1. The term "TOPICS IMPROVEMENT" as used herein means any construction that is financed in part with federal funds provided in accordance with Section 10 of the Federal Aid Highway Act of 196 S. 2. LOCAL AGENCY may submit for consideration and approval of STATE and U.S. Bureau of Public Roads programs for TOPICS improvements when the following items described in PPM 21 -18 have been completed or when they are in preparation with reasonable expectation of being completed within IS months: a. The general plan of highway improvements. b. The Areawide TOPICS Plan and Study Report. c. The official Type II Federal -Aid Primary Highway System. d. The priorities for the proposed TOPICS improvements. 3. When the Type II Federal Aid Primary Highway System has not been officially approved by the U.S. Bureau of Public Roads any program of TOPICS improvements must be preceded by the submittal and approval of a "tentative" Type II System which conforms substantially to Section 4 of PPM 21 -18. FORM HCC 208 10/69 -3- TOPICS AGREEMENT 4. When the areawide TOPICS plan has not been completed and approved by the U.S. Bureau of Public Roads any program for a. TOPICS improvement must be accompanied by a show- ing that the proposed improvement can reasonably be expected to be high on the priority list to beestablished in said plan. 5. The program shall be in a form prescribed by STATE and shall designate the federal funds requested and the matching funds to be provided by LOCAL AGENCY and if a State High- way is involved the matching funds to be provided by STATE. Adoption of the program by reso- lution of the governing body of LOCAL AGENCY and approval by STATE shall cause such program to be a part of this agreement as, though fully set forth herein. G. In processing TOPICS IMPROVEMENTS, LOCAL AGENCY will conform to all STATE statutes, regulations and procedures relating to the TOPICS program and to all applicable federal laws, regulations, and policy and procedural or instructional memoranda. This includes the holding of public hearings when required, the publishing of various press notices, and the prepa- ration of study reports, estimates and plans. 7. Unless otherwise designated in the approved program, TOPICS improvements will be constructed by contract in accordance with regular federal -aid primary and urban fund procedures. Such procedures require the use of Standard. Specifications having prior U.S. Bureau of Public Roads approval, Bureau approval of plans, special provisions and estimated costs prior to ad- vertisement, a certification by LOCAL AGENCY with respect to the right of way, advertisement for a minimum of 3 weeks prior to bid opening, and prior BPR concurrence in the award and acceptance of the contract. The contract will be awarded by LOCAL AGENCY, its agent, or by STATE as may be determined between the parties prior to each project advertisement. S. When a TOPICS IMPROVEMENT includes work to be performed by a railroad, the contract for such work shall be entered into by LOCAL AGENCY or by STATE, as parties hereto agree. A contract entered into by LOCAL AGENCY for such work must have prior approval of STATE. In either event, LOCAL AGENCY shall enter into an agreement with the railroad pro- viding for maintenance of the protective devices or other facilities installed under the service contract. 9. LOCAL AGENCY shall provide or arrange for adequate supervision and inspection of each TOPICS improvement, including contracts awarded by STATE. With prior U.S. Bureau of Public Roads approval, surveying, inspection and testing may be performed by a consulting engineer provided overall supervision of the contractor's operations and progress is performed by an employee or employees of LOCAL AGENCY. 10. STATE shall exercise general supervision over TOPICS improvements and may assume full and direct control over the contract whenever STATE, at its sole. discretion, shall determine that its responsibility to the United States so requires. LOCAL AGENCY contracts shall so stipulate. 11. With Bureau of Public Roads approval, available federal TOPICS funds mayparticipate in an evaluation of the effectiveness of the TOPICS improvements as compared to those estimated in the study report. In any event LOCAL AGENCY agrees to conduct a TOPICS IMPROVEMENT EVALUATION PROGRAM as outlined in Section 10 of PPM 31 -I8, with or without federal aid, and to report the results of same to STATE. FORM. HCC 208, 10/69 —4— IN ARTICLE IV — RIGHTS OF WAY TOPICS ACREEAIENT 1. No contract for the construction of a TOPICS IMPROVEMENT shall be awarded until the necessary rights of way have been secured. Prior to the advertising of a project on a local street, LOCAL AGENCY shall certify and upon request shall furnish STATE with evidence that necessary rights of way are available for construction purposes or will be available by the time of contract award. ?. LOCAL AGENCY agrees to hold STATE harmless from any liability which may result in the event the right of way is not clear as certified. The furnishing of right of way as provided for herein includes, in addition to all real property required for the improvement, free and clear of obstructions and encumbrances, the payment of damages to real property not actually taken but injuriously affected by the proposed improvement. LOCAL AGENCY shall pay from its funds any costs which arise out of delays to the contractor because utility facilities have not been removed or relocated, or because rights of way have not been made available to the contractor for the orderly prosecution of the work. 3. Subject to STATE approval and such supervision over LOCAL AGENCY'S right of way acquisition procedures as STATE may determine is necessary, LOCAL AGENCY may claim reimbursement from Federal funds for expenditures to purchase rights of way included in an approved program. 4. Whether or not Federal -aid is to be requested for the purchase of rights of way, should LOCAL AGENCY, in acquiring rights of way for a TOPICS improvement, displace an individual; family, business, farm operation, or nonprofit organization, it will place in operation a Relocation Assistance and Payments Program as required by Chapter 5 of Title 23 U.S. Code. Regulations, procedures and instructions for conducting a Relocation Assistance and Payments Program are available upon request at any District Office of the Division of Highways. ARTICLE V — FISCAL PROVLSIO \TS 1. When a TOPICS IMPROVEMENT contract is to be awarded by STATE, matching funds will be. deposited with STATE by LOCAL AGENCY prior to bid opening or within 10 days of being notified of the lowest satisfactory bid received,and the amount of local funds required. 3. The estimated total cost of TOPICS projects, the amounts of Federal -aid programmed, and the matching amounts agreed upon may be adjusted by mutual consent of the parties hereto, provided funds are available to cover increases and provided U.S. Bureau of.Public Roads con- curs in any increase in the Federal -aid. This applies both to Areawide TOPICS Plan and Study Report described and estimated in the attached Exhibit "B" and to TOPICS improvements added hereto by programs in accordance with Article III, Paragraph 5. 3. Upon submittal by LOCAL AGENCY of acceptable documentation of expenditures for an Areawide TOPICS Plan and Study Report or for programmed and approved TOPICS improve- ments, STATE will pay its agreed share and will advance an amount equal to the legal pro rata federal ,share of the costs believed to be eligible for participation with federal funds and will voucher Bureau of Public Roads for subsequent reimbursement. Ten percent or such other per- centage of the total amount due as STATE may determine is necessary to protect STATE'S interest will be withheld until the completion of such audits as may be required by STATE and U.S. Bureau of Public Roads. 4. LOCAL AGENCY shall use "nonfederal" funds to finance the local share of eligible costs and expenditures ruled ineligible for financing with federal funds. STATE shall make preliminary determination of eligibility for federal fund financing. Ultimate determination shall rest with the Bureau of Public Roads. Any overpayment of amounts due shall be returned to STATE upon demand.. FORM HCC 208 10/69 - )- TOPICS AGREEMENT 5. When any portion of a LOCAL AGENCY project is performed by STATE, charges therefor shall include an assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Manual The portion of such charges not financed with Federal funds shall be paid from funds of LOCAL AGENCY. 6. Should LOCAL AGENCY fail to pay monies due STATE within 30 days of demand or within such other period as may be agreed between the patties hereto, STATE, acting through State Controller, may withhold an equal amount from future apportionments due LOCAL AGENCY from the Highway Users Tax Fund. 7. Auditors of STATE and the United States shall be given access.to LOCAL AGENCY'S books and records and shall be given such assistance and information as is requested for the purpose of checking costs paid or to be paid by STATE hereunder. 8. Deposits of LOCAL AGENCY with STATE determined to be in excess of project needs will be refunded. ARTICLE VI — MISCELLANEOUS PROVISIONS 0i 1. This agreement shall have no force or effect unless and until its provisions and the projects have been approved by the U.S. Bureau of Public Roads. °. The Congress of the United States, the Legislature of the State of California, and the Governor of the State of California, each within their respective jurisdiction, have prescribed certain employment practices with respect to contract and other work financed with Federal or State funds. LOCAL AGENCY shall insure that work performed under this agreement is done in conformance with rules and regulations embodying such requirements where they are applicable. Any agreement or service contract entered into by a LOCAL AGENCY for the performance of work connected with this agreement shall incorporate Exhibit "A" attached hereto, or such other provisions as STATE or U.S. Bureau of Public Roads may prescribe. 3. When Federal funds are to participate in the cost of work done by a consultant, the agreement or contract with the consultant may not be executed or awarded until the selection of the consultant and the terms of the agreement or contract have been found by STATE to be in conformance with U.S. Bureau of Public Roads Policy and Procedure Memorandum Number 40 -6 and have been approved by the U.S. Bureau of Public Roads. Such agreement or contract shall include a provision that the work and records of the consultant are subject to inspection at all times by representatives of LOCAL AGENCY, STATE, and the Bureau of Public Roads and that agreement or contract may be terminated by LOCAL AGENCY upon a finding that the consultant is failing to live up to the terms of the agreement or contract. All major changes in the agree- ment or contract must have prior approval of U.S. Bureau of Public Roads. All such approvals shall be requested through STATE. As soon as agreement or contract with consultant has been awarded five certified copies of said agreement or contract shall be submitted to STATE. FORM MCC 208 10/69 -6- O TOPICS AGREEMENT 4. (a) Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by a LOCAL AGENCY under or in connection with any work, authority or jurisdiction delegated to a LOCAL AGENCY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, LOCAL AGENCY shall fully indemnify and hold STATE harmless from any liability imposed for injury.(as defined by Government Code Section 810.8) occurring by reason of anything done or- omitted 'to be done by LOCAL AGENCY under or in connection with any work, authority or jurisdiction delegated to LOCAL AGENCY under this agreement. (b) Neither LOCAL AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to LOCAL AGENCY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold LOCAL AGENCY harmless from any liability im- posed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or juris- diction not delegated to LOCAL AGENCY under this agreement. . 5. If STATE is named as a defendant in a suit involving a local highway, LOCAL AGENCY will at. request of STATE assume full responsibility for the conduct of the defense or will provide such assistance as STATE may require and will pay any judgments issued against STATE and all costs in connection with the defense. STATE reserves right to represent itself in any liti- gation in which STATE'S. interests are at. stake. 6. Should there be a conflict between the provisions of the attached Exhibit. "B" and other provisions of this agreement those in Exhibit "B" shall apply. ARTICLE VII — MAINTENANCE 1. Upon acceptance by the awarding authority of a completed TOPICS improvement project or upon the contractor being relieved of the responsibility for maintaining and protecting a portion of the work, the agency having jurisdiction over the street shall maintain the completed work in a manner satisfactory to the authorized representatives of the United States. If, within 90 days after receipt of notice from STATE that a project on a street under its jurisdiction or any portion thereof, is not being properly maintained, LOCAL AGENCY has not satisfactorily remedied the conditions complained of, the approval of further Federal -aid projects of LOCAL AGENCY will be withheld until the project shall have been put in a condition of maintenance satisfactory to STATE and the Bureau of Public Roads. 3. The maintenance referred to in paragraph 1 above includes not only the physical con- dition of the facility but its operation as well. Traffic operations improvements on local streets shall be maintained at no cost to the U.S. Bureau of Public Roads or STATE by an adequate and well trained staff of traffic engineers and technicians. Said maintenance staff may be em- ployees of a LOCAL AGENCY, another unit of government or a consultant under contract with a LOCAL AGENCY. :3. The maintenance referred to above includes also any traffic regulations or ordinances necessary for the operation of the network including the prohibition of parking at specified times and controls over the direction of travel. The required local regulations or ordinances shall be specified in the design study report and LOCAL AGENCY shall furnish STATE with evidence that they have been adopted, prior to final acceptance of the completed wort: by the U.S. Bureau of Public Roads. No change shall be made in such regulations without prior approval of the U.S. Bureau of Public Roads unless LOCAL AGENCY has a traffic engineering unit within its own organization functioning in a manner acceptable to said Bureau. It is agreed that angle parking adjacent to the through traffic lanes is not to be permitted at any time in the future within the limits of an improvement project that is financed in part with TOPICS or other federal funds. FORM HCC 208 10/69 -7- TOPICS AGREEMENT IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Public Works Division of Highways J.A.LEGARRA State Highway Engineer By HQ Federal Aid and City - County Projects Approval Recommended: District Engineer C IT Y OF By Kink— Mayor seer Clerk By I- District City-County Projects Engineer ATTEST: Approved as to Form and Procedure: Attorney, Department of Public Works FORM HCC 208 10/69 —8— ,,Chairman,. Board of Superuisors Clerk of Board �DPICS AGREEMENT EXHIBIT A Nondiscrimination Provisions: During the performance of this contract, the contractor, for itself, its assignees and suc- cessors in intorest (hereinafter referred to as the "contractor "), agrees as follows: 1. Compliance +rith Regulations: The contractor will comply with the Regulations of the Dopartment of Commerce relative to nondiscrimination in federally-assisted programs of the De- partment of Commerce (Title 15, Code of Federal Regulations, Part b, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 8.4 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A -II of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all olicitacions either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. 4. Informution and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Bureau of Public Roads to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this infor- mation, the contractor shall so certify to the State Highway Department, or the Bureau of Public Roads as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Bureau of Public Roads may determine to be appropriate, including, but not limited to, (a) withholding of payments to the contractor under the contract until the contractor com- plies, and /or (b) cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraph 1 through 6 in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway De- partment or the Bureau of Public Roads may direct as a means of enforcing such provisions in- cluding sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Form "TCC 20:R 10/69 .9— TICS AGREEKEY r EXHIBIT B MASTER AGREEMENT FOR TOPICS PROGRAM BETWEEN STATE AND TIE CITY OF SAN LUIS OBISPO DESCRIPTION OF PROJECT The preparation of an AREAWIDE REPORT covering the entire portion of the within the Urban Area boundaries approved Administration. PERFORMANCE OF WORK TOPICS PLAN AND STUDY City of San Luis Obispo by the Federal Highoiay The City will contract with Lampman and Associates, a corporation with an office at 300 Pomona Mall West, Suite A. Pomona, California. The contract will conform to the draft approved by the Federal Highway Administration on November 17, 1970. No t•;ork is to be done by consultant until authorization to proceed has been issued by STATE. ESTIMATED PROJECT COST AND FINANCING: Federal TOPICS Funds (71.300 $ 7,096 Local Agency Matching Funds (28.70) 2,857 TOTAL COST OF APPROVED TOPICS PROJECT $ 91,953 LOCAL AGENCY expenditures for work supplemental to that performed by the consultant and that listed in attachment to the consultant agreement, will be financed from other funds, without reimbursement. COORDINATING AGENT Pending the designation of an official coordinating agent in accordance with Section 2316 of the Streets and Highways Code, the District Office of the Division of Highways will perform the required coordinating functions. SPECIAL COVENANTS Article VI, Paragraph 5 of this agreement applies only to local highway improvements or other work on local highvays financed partially with Federal TOPICS Funds in accordance with this agreement. The preparation, completion or submission of the General Plan of Highway Improvements and the 18 months limitation specified in Article II and Article III shall not apply to this agreement. Coordination of the Areawide TOPICS Plan with any existing Local Agency General Plan for Highway Improvements is required. All references herein to the U. S. Bureau of Public Roads. BPR or Bureau shall be construed to mean the Federal Highway Administration or FFXA. RESOLUTION NO. 213,4, (1970 Series) A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE r,GfXEh ;1ENT WITH T1iL CALIFORNIA DIVISION OF HIGW!AYS FOP, PREPARATION -OF A TOPICS STUDY REPORT. FOR THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement between the California Division of Highways and the City of San Luis Obispo is hereby approved. 2. The Mayor is hereby authorized and directed to execute said agreement on behalf of the City of San Luis Obispo. On motion of Councilman Miller, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Blalce, Graham, Ivlill.er, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 7th day of December, 1970. ATTEST: s/J.H. FITZPATRICK City Clerk s/KENNETH E. SCHWARTZ Mayor CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 7th day of December, 1970. STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY RONALD REAGAN, Governor DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS ro DISTRICT 5, P. 0.. BOX L, SAN LUIS OBISPO, 93401 December 1, 1970 v 05- SLO -O -SLO T3074 City of San Luis Obispo TOPICS Study Mr. David F. Romero Director of Public Works City of San Luis Obispo P.O. Box 1328 San Luis Obispo, Calif. 93401 Dear Mr. Romero: 'Ki79" 0 cgry� '0 d ?� yc FFR 0 Attached for execution by the authorized City officials are the original and.three copies of the Local Agency - .State Agreement No. 1. The agreement covers the preparation of a TOPICS Study Report for the City. Please return the original and two copies., and attach to each a copy of the authorizing resolution for further handling. On Page 1 of the Local Agency -State Agreement., please type in the date of execution by the governing body. A fully executed copy will be returned for your files and reference. Very truly yours, Dyer H. Campbell Dist. City & County Projects Engr. Attachments D -V RESOLUTION NO. 2133 (1970 Series) A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT WITH TII2 CALIFORNIA DIVISION OF HIGHWAYS FO% INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF OLIVE STREET AND SANTA ROSA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement between the California. Division of Highways and the City of San Luis Obispo is hereby approved. 2. The Mayor is hereby authorized and directed to execute said agreement on behalf of the City of San Luis Obispo. On motion of Councilman Miller, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Male, Graham, \Miller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 7th day of December, 1970. ATTEST: C Cfty Clerk CERTIFICATION WA '� - oil R` I hereby certify that the foregoing Resolution was duly and. regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 7th day of December, 1970. x/33 05-SLO- 001 -16.85 OS221 - 099301 Santa Rosa 6 Olive District Agreement No. 71 -3 THIS AGREEMENT, MADE AND ENTERED INTO THIS BY AND BE'i'pPEEN AND DAY OF , 19 CITY OF SAN LUIS OBISPO a body politic and a municipal corporation of the State of California, hereinafter referred to as "CITY" STATE OF CALIFORNIA acting by and through its Business and Transportation Agency, Department of Public Works, Division of Highways, hereinafter referred to as "STATE" 0 WHEREAS, STATE and CITY.contemplate installation of underground conduit and pull boxes for future signal system of the intersection of Olive Street with State Highway Route 001 (Santa Rosa), all of which is situated within the City of San Luis Obispo, and desire to specify herein the terms and conditions under which said underground conduit and pull boxes for future signal system is to be installed, financed and maintained. NON, THEREFORE, in consideration of the covenants and conditions.herein contained, the parties hereto agree as follows: SECTION I STATE AGREES: (1) To install the underground conduit and pull boxes hereinbefore mentioned, through construction by contract with construction contractor licensed by the State of California, said contract to be carried out in accordance with provisions of the State Contract Act. Chapter 3, Part S, Division 3, Title 2 of the Government Code, and work completed in conformity with plans and specifications of STATE. (2) To bear the entire expense of preparation of plans and specifications, and STATE's share of construction engineering costs [including all direct and.indirect costs.(functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE's standard accounting procedures] and construction costs required to complete the installation referred to herein, such share to be a sum bearing the same proportion to the total cost of installation of the underground conduit and pull boxes as the number'of legs of highways under. -1- 0 jurisdiction of STATE at the intersection involved bears to the total number of legs,of highways at such intersection. SECTION II CITY AGnEES: (1) To deposit with STATE within 30 days of receipt of billing therefore (which billing will be following State's bid advertising date of a for the aforesaid installation), the amount flqure rQpresents CI':Y's estimated share of costs and construction costs required to coi tion referred to herein. forwarded immediately construction contract of $1,900.00, which construction engineering nplete the installa- nao actual amount of CITY's share of construction ongineoring costs [including all direct and indiroct costs (functional and administrative overhead assessment) attributable to such ,work, applied in accordance with STATE's standard accounting procedures] and construction costs will be determined 0 after completion o €.work and a financial settlement made upon final accounting of costs. Said share will be a sum bearing the same proportion to the total cost of installation of the underground conduit and pull boxes as the number of legs of highways under jurisdiction of CITY at the intersection involved bears to the total number of logs of highways at such inter- section. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: (1) That obligations of STATE under terms of this agreement are subject to the allocation of funds by the California Highway Commission. .2- (2) That neither STATE nor any officer or employee thereof.shall be responsible for any damage or liability occurring by reason of anything done.or omitted to be done by CITY under or in connection with'any work, authority or jurisdiction delegated to CITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 89$.4 CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defiaod by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in`tonnoction wita any work, authority or jurisdiction delegated to CITY under tiis agreement. (3) Teat neither CITY or any officer or employee. thereof,. is responsible for any dam -age or liability occurring by reason of anything done or onirtt_d to `uc dnno by STATE under or in connection with any work, a�3thority or jurisdiction aot delegated to CITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 395.4, STATE shall fully indemnify and hold..CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything Hone or omitted to be done by STATE under or in connection with.any work, authority or jurisdiction not delegated to CITY under this agreement. (4) That, should any portion of the project be financed with Federal Funds or State Gas Tax Funds all applicable pro- cedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this agreement'. IN WITNESS WHEREOF, the parties hereto have caused .3- i this agreemtnt to be executed by their,respective officers, aaiy authorized, the provisions of which agreement are effective as of the day; =oath and year.first hereinabove written. STATE OF CALIFORNIA . Cl OF SAN LUIS OBISPO Department of Public Works Division of Highways By yor :T. A. LEGARRA State Fi ,;, ay rh Tineer Attest: By r District Engineer. - - Approved as to Fora Approved as to Form and Procedure: and Procedure:. Attorney, Department of it Attorney Public Works Of -4- RESOLUTION NO. 2133 (1970 Series) A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AGr:EEMENT WITH THE CALIFORNIA DIVISION OF HIGHWAYS Fall INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF OLIVE ST %BET AND SANTA ROSA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement between the California. Division of Highways and the City of San Luis Obispo is hereby approved. 2. The Mayor is hereby authorized and directed to execute said agreement on behalf of the City of San Luis Obispo. On motion of Councilman. Miller, seconded by Councilman Graham, and.on the following roll call vote: AYES Councilmen Male, Graham, kiiller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 7th day of December, 1970. ATTEST: s /J_H_ F=ZPAMEK City Clerk s /ISENNETH E. SMARTZ Mayor CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council, of the City of San Luis Obispo at a Regular Meeting held thereof on the 7th day of December, 1970. Clerk. STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY RONALD REAGAN, Governor DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS 031 O DISTRICT 5, P. O. BOX L, SAN LUIS OBISPO, 93401 �93 t1970 2November 24, 1970 DEC C / 05-SLO- 001 -16.85 M i� SAft! l) u Agreement No. 71 -3 �, C1 LUIS 08/SpO o Santa Rosa & Olive ryENGjjj6; nV�` Mr. David F. Romero Director of Public Works P. 0. Box 1328 San Luis Obispo, California 93401 Dear Mr. Romero: Attached for execution by the authorized city officials are the original and three copies of the cooperative agreement covering the installation of underground conduit and pull boxes for signal system at the intersection of Olive Street and State Route 1 (Santa Rosa Avenue). Please return to this office the original and two copies, along with a copy of the authorizing resolution attached to each, for further handling. A fully executed copy will be returned for your files and reference. D er H. Campbelfl Dist. City- County Proj. Engr. Attach. C i RESOLUTION NO, 2132 (1970 Series) A'RESOLUTION CONFIRMING COSTS OF SIDEWALKS PURSUANT TO THE P:IMCIPAL CODE. I., BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth hereafter. 2.. That the hereinafter listed construction costs shall be paid within thirty -one (31) days after the date hereof and any such costs remaining unpaid thereafter shall be turned over to the City Tax Collector to be placed as alien against the property and collected with the City taxes, and subject to the same penalties and costs if not paid on the first installment. The property owners, addresses and construction costs are as follows: OVINER DESCRIPTION OF PROPERTY ASSESS1,03NT H: &'A. Carlsen 180 N. Broad Street x,220 :00 R. F. Costa 276 N. Broad Street 465.00 3. That at the request of the property ovmers and in accordance with Section 7350.3 of the Municipal Code, the Council hereby determines that the assessments set forth may be paid in three (3) annual installments, including interest at the rate of three per cent (39D per annum on the unpaid-balance; said interest to run from the first day of the month following passage of this Resolution to the time payment is made in full of the principal amount, provided that failure to pay any installment and interest when due shall make the remaining principal balance and interest payable in hill and subject to additional penalties and interest as provided for City taxes and subject to the same procedure for foreclosure and sale. Said property owners, addresses and construction costs are as follows: OVINER DESCRIPTION OF PROPERTY ASSES_ S� P!MNT C: & K Bradbeer 540 14. Broad Street $509 :00 V/: & V. Brazil 164 Broad Street 104 :00 M: Faris 290 N: Broad Street 317:00 M. B: McDougal, et al. 282 N: Broad Street 4ve.43 C. V. & J. C. Barclay 234 N. Broad Street 765.00 On motion of Councilman A/lill.er, seconded by Councilman Graham, and on the . . following roll call vote: AYES: Councilmen Make, Graham, Miller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 7th day of December, 1970. ATTEST: �J RESOLUTION NO. 2131 (1970 Series) A RESOLUTION CONFIRMING COSTS OF SIDEWALKS CONSTRUCTED UNDER THE 1911 ACT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows.: 1. That pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth hereafter. 2. That the hereinafter listed construction costs shall be paid within thirty-one (31) days after the date hereof and any such costs remaining unpaid thereafter shall be turned over to the City Tax Collector to be placed as a lien against the property and collected with the City taxes, and subject to the same penalties and costs if not paid on the first installment. The property owners, addresses and construction costs are as follows: OWNER DESCRIPTION OF Pr, OPEP.TY ASSESSIMNT T E. D. Andrade 879 77alnut Street $369 :00 L: E. &.L S. Marshall 244 Price Street 165:00 R. D. Tice 8897ialnut 3�!•8.00- 3. That at the request of the property owner and in accordance with Section 5895 of the Streets and Highways Code, the Council hereby determines that the assessment set forth may be paid in three (3) annual installments, including interest at the rate of three (3) per cent per annum on the unpaid balance; said interest to run from the thirty -first day after the date hereof to the time payment is made in full of the principal amount provided that failure to pay any installment and interest when due shall maior the remaining principal balance and interest payable in full and subject to additional penalties and interest as provided for City taxes and subject to the same procedure for foreclosure and sale. Said property owner, address and construction cost are as follows: OWNER DESCRIPTION OF PP.OPERTY ASSESSDIENT A. H. & C. A. Scheer 894 Walnut Street $1,039.00 On motion of Councilman MAller, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Male, Graham, yeller, Spring and Mayor Schwartz J NOES: None ABSENT: None the foregoing Resolution was duly passed an4 adopted this 7th day of December, 1970. ATTEST: �- City Clerk yor RESOLUTION NO. 2130 (1970 Series) A RESOLUTION AUTHORIZING THE CITY CLERK TO FILE THE CORRECT MAP FOR THE EDNA ROAD NO. 2 ANNEXATION. WHEREAS, it has come to the attention of the City Council that inadvertently an incorrect map of the Edna Road No. 2 Annexation was forwarded to the Secretary of State;. and WHEREAS, Exhibit "A" hereto is the correct map of the Edna Road No. 2 Annexation as approved by San Luis Obispo City Ordinance No. 461 (1969 Series) which became effective October 8, 1969; and WHEREAS, it is in the public interest that the City Clerk forward a certified copy of this resolution and Exhibit "A" hereto to the Secretary of State to be certain that the records of that office on said annexation are correct. NOVI, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Council hereby finds and affirms that the map attached hereto as Exhibit "A" is the correct map of the Edna Read No. 2 Annexation to the City of San Luis Obispo as approved by Ordinance No. 461 (1969 Series) 2. The City Clerk is hereby authorized and directed to file a copy of Exhibit "A" hereto with the Secretary of State to replace the map previously filed in error with that office for said Edna Road No. 2 Annexation. On motion of Councilman Blake, seconded by Councilman Spring, and on the following roll call vote: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and ATTEST: ity Clerk this 7th day of December, 1970. CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo as a Regular Meeting held thereof on the 7th day of December, 1970. S �� JI� � L city limit b ldi 117 / /D' Y �, .Ni EDNA_ ROAD ANNEXATION N 2 city limit f tp is city limit Ni dr � 9 113 NN . `� N, 87 P2 NNN , Ilk -98 �/ "� RESOLUTION NO. 2129 (1970 Series) A RESOLUTION RECOGNIZING REGIONAL ADVISORY BOARD OF REGION VIII (SOUTH) AS THE CRILMAL JUSTICE SYSTEM PLANNING AGENCY WITHIN THE TERRITORY GENERALLY DESCRIBED AS SAN LUIS OBISPO AND SANTA BARBARA COUNTIES. WHEREAS, the 90th Congress of the United States of America adopted legislation known as the Omnibus Crime Control and Safe Street Act of 1968 (PL 90 -351) which makes certain Federal funds available to all levels of local government to assist them in their efforts to cope with the increase in crime and to improve all functions of the criminal justice system; and WHEREAS, the California Council on Criminal Justice has been designated as the agency to provide the leadership and direction as to the administration and distribution of these Federal funds received by the State of California.; and WHEREAS, the California Council on Criminal Justice has divided the state into specific regions in order that local levels of government might effectively participate in comprehensive planning to meet the objectives of the Omnibus Crime Control and Safe Street Act and the counties of San Luis Obispo and Santa Barbara were officially designated Region VIII (South); and WHEREAS, the California. Council on Criminal Justice receives Federal funds as a block grant, it distributes those funds to local governments based on the needs of specific areas and upon the merits of projects and proposals prepared and submitted to the state by criminal justice agencies within each of the various state regions; and WHEREAS, Region VIII (South) can most effectively participate in the; program as initiated and supervised by the California Council on Criminal Justice by actively engaging in planning for the future and in developing special plans and programs designed to effectively curb crime and to improve the, total spectrum of criminal justice as it is peculiar to our area; and WHEREAS, to effectively implement and efficiently operate such a program, members and staff of the entity known as the Central Coast Criminal Justice Regional Advisory Board (Region VIII South) needs the full support and assistance of all city councils, all boards of supervisors and other interested government and civic agencies within the region. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo, California on an interim basis hereby officially recognizes the Regional Advisory Board (Region VIII South) as the official planning agency for the California Council on Criminal Justice in all matters pertaining to the fight against crime and toward improving the criminal justice system under the auspices of PL 90 -351 as interpreted and administered by the California. Council on Criminal Justice. '�:�4?9 Resolution No. 2129 (1970 -series) Page 2 On motion of Mayor Schwartz, seconded by Councilman Graham, and on the foll.owingroll call vote: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 7th day of December, 1970. ATTEST: CERTIFICATION I hereby certify that the foregoing Resolution wa.s duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 7th day of December, 1970. RESOLUTION NO, 2128 (1970 Series) A RESOLUTION OVERRULING PROTESTS AND ORDERING THE SUPERINTENDENT OF STREETS TO PROCEED WM INSTALLATION OF PUBLIC EVIPROVEIVIENTS ON CERTAIN STREETS. BE IT RESOLVED by the Council of the City of San Luis Obispo that: 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 requires 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 Assessment, Investigation, Limitation and Majority Protest Act of 1931 shall not apply to these proceedings. 2. The Superintendent of Streets sball proceed with the required notification and construction as set forth in Section 7350.1 of the Can Luis Obispo Municipal Code, except that the work shall not be con,menccd until the spring of 1971 with City participation in earth fill, cor»patrion and efforts to save the trees. 3. The costs of any such wort; done by the City, after hearings duly held, shall become a lien upon said parcels. On motion of Councilman Graham. seconded by Councilman Miller, and on the following real c411 vote: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 16th day of November, 1970. ATTEST: CERTIFICATION I hereby certify that the foregoing %esolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 16th day of November, 1970. ity Clerk LIST OF PROPERTIES LACKING STANDARD I"IPROVEVIENTS WHERE HOPE THAN 50% OF THE BLOCK IS ALREADY IFIPROVED PATE: C = Curb & Gutter S = Side,ialk R = Driveway Ramp LOCATION PARCEL MO. FILE NO. OWNER IMPRO REQ 2525 Johnson Avenue 4- 782 -31 236 H. L., Jr. & A. B. Uright C,S,R 2565 Johnson ,Avenue 4- 782 -34 237 C.C. & G. E. Waits C,S,R 2697 Johnson Avenue 4- 782=41 238 R.Z. & V.1. Nagy C,S,R 2761 Johnson Avenue 3- 772 -02 239 R.E. & V.R. Cripe C,S,R 2795 Johnson Avenue 3- 772 703 240 H.L. & I. L. Wager C,S,R 411 Grand (Fredericks Side) 52- 225 -02 241 A.E. Arthurs S 1739 Fredericks 52- 225 -09 242 D. Ormonde S,R 1633 Fredericks 52- 222 -09 243 J. L. & M.A. Cook S 1350 Fredericks 52- 204 -08 244 Volny Const. Co. C 390 Kentucky (Fredericks Side) 52- 204 -03 245 A.E. & R.N. Andreoli C 1286 Fredericks 52- 201 -22 246 L. & J.M. Bianchi C,S,R 390 Hathway (Fredericks Side) 52- 201 -18 247 R. H. Hoffman, Etal S 1213 Bond 52- 201 -02 248 P.H. Smith, Etal S 1219 Bond 52- 201 -06 249 D., Jr. & A.!!. Hill S 501 Kentucky 52- 203 -07 250 C.W. & H -M. Shoop S 547 Kentucky 52- 203 -08 251 E.L. Lee, Etal S C. RESOLUTION NO. 2127 (1970 Series) A RESOLUTION APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR LAGU.NA LAKE PARK DEVELOPMENT PROJECT. WHEREAS, the Congress under Public Law 83 -578 has authorized the establishment of a Federal Land and Water Conservation Fund Grant -In Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing lands and facilities for public outdoor recreation purposes; and WHEREAS, the State Department of Parks and Recreation is responsible for the administration of the program within the State, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said Federal Act and adopted procedures established by the State Department of Parks and Recreation require that the applicant must certify by resolution the approval of proposed park projects, applications and availability of local matching funds prior to submission of said applications to the State; and WHEREAS, said procedures further require that all proposed projects must appear in the Recreation Element of the General Plan for the City; and WHEREAS, the current version of the City General Plan was adopted by the City Council on February 2, 1970; and and WHEREAS, the City General Plan consists of the following elements: 1. Land Use Element 2. Recreation Element 3. Circulation Element 4. Population Element; WHEREAS, the City General Plan is currently being revised to add a Housing Element; and Resolution No, 2127 (197U Series) Page 2 V'IHEREAS, the proposed Laguna Lake Park Development project is contained in the Recreation Element of the General Plan and is consistent with the California. Public Outdoor Recreation Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Approves the filing of an application for Land and Water Conservation Fund assistance; and 2. Certifies that said agency can finance 100 percent of the project; and 3. Appoints the Director of Parks and Recreation as agent of the City to conduct all negotiations, execute and submit all documents including but not limited to applications.. agreements, amendments, billing statements, and so on which may be necessary for the completion of the aforementioned project. On motion of Councilman Miller seconded by Councilman Graham . and on the following roll call vote: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 7th day of December 1970. ATTEST: Clerk CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the day of , 1970. ��City Clerk 01 iwtn 1360 (tamer 1900; i � U.S. DiPARTMENT Of THE INTERIOR ASSURANCE Of COMPLIANCE (TITLE VI, CIVIL RIGHTS ALT OF 1961) __i_ty, of Luis 0b i SAO, _c a_I torn I a__ (hereinafter called -Recipient") I Name of APPIKAoto Renpmnt; fRaatrarion No. 1 HEREBY AGREES THAT IT will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and all requirements imposed by or pursuant to the Department of the Interior Regulation (43 CFR 17) issued pursuani.to that title, to the end that, in accordance with Title VI of that Act and the Regulation, no per. son in the United States shall, on the ground of race, color, or national origin be excluded from participa- tion in, be denied the benefit% of, or he otherwise subjected to discrimination under any program or activity for which the Applicant - Recipient receives financial assistance from bureau O yLOTO and Bureau or ( )ffia Hereby Gives Assurance That It will immediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant- Recipient by _Bureau of Outdoor Recreation This assurance obligates the .Bureau or Oditr Applicant- Recipient, or in the case of any transfer of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or bene- fits. If any personal property is so provided, this assurance obligates the Applicant- Recipient for the period during which it retains ownership or possession of the propem. In all other cases, this assurance obligates the Applicant- Recipient for the period during which the Federal financial assistance is extended to it bv_ Bureau of Outdoor Recreation Bureau or Office THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts or other Federal financial assistance extended after the date hereof to the Applicant - Recipient by the bureau or office, including installment payments after such date on account of arrangements for Federal financial assistance which were approyed before such date. The Applicant- Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant- Recipient, its successors, trans - re.rees, and assignees, and the person or persons whose signature appear below are authorized to sign this assurance on behalf of the Applicant - Recipient. December 1, 1970_ DA I'ED 990 Palm Street an Luls vD15DO. La l_:fornIa 93.401 City_of San Luis Obispo, California APPLICANT - RECIPIENT - -- RESOLUTION NO. 2126 (1970 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, REQUESTING THE LEAGUE OF CALIFORNIA CITIES AND THE 1:. YBER CITIES THEREOF AND STATE AND NATIONAL LEGISLATORS TO APPROVE THE PROGRAM OF UTILIZING SUr PLUS iNULITARY AIRCRAFT IN FIGHTING FMEST FIRES, WHEREAS, the State of California has recently experienced a series of disastrous fires which blackened thousands of acres of forest and watershed and destroyed millions of dollars worth of property; and WHEREAS, each year has brought forest fires to the mountains of California, particularly in Southern California, and each year the fires have been controlled only after great expenditure of money and man hours; and WHEREAS, in order to adequately control a fire with a minimum of destruction of forest and watershed and loss of property it is essential that fire -fighting methods be employed as soon as practicable after discovery of the fire; and WHEREAS, at the present time there is approximately 7000 mothballed surplus aircraft belonging to the United States Air Force which are presently situated on fields in the State of Arizona; and WHEREAS, these aircraft are serviceable and have potential capacity for carrying personnel or materials in the fighting of forest fires; and WHEREAS, the present aircraft used for liquid drops in the fighting of forest fires consists of helicopters capable of carrying 125 gallons of chemical solution, or the B -17 of World War II fame which carries some It 400 gallons of fire retardant liquids; and WHEREAS, a part of the surplus military aircraft consists of the KC -97, which was used as an in-flight refueling plane, and has capacity to carry approximately 13, 000 gallons; and WHEREAS, vast benefits could be derived by the State, counties and cities of the State of California, as well as the entire West; it is only fitting and proper that the forest service of the United States Government be empowered to establish a flying wing of approximately 50 surplus ICC -97 aircraft modified so as to be useful in the dropping of liquid chemicals on forest fires; and WHEREAS, the said aircraft referred to herein could be kept at military air fields throughout the western United States where the forest fires are an annual threat and accordingly be available for pinpoint dropping of liquid chemicals on any fire that might erupt west of the MYussissippi River; -�?%?� Resolution No. 2126 (1970 Series) Page 2 NOW, THEREFORE, the City Council of the City of San Luis Obispo resolves as follows: SECTION 1. That the City Council of the City of San Luis Obispo expresses its concurrence in the program of utilizing surplus military aircraft and having such aircraft available to assist in the fighting of forest fires in the State ^of California and the western part of the United States and urges the League of California Cities and our State and national legislators to support said program. SECTION 2. That the City Clerk be, and is hereby, authorized and directed to forward a certified copy of this resolution to the Executive Director of the League of California Cities and to our State and national legislators. On motion of Councilman Blake, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Blake, Graham, N.dller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 16th day of November, 1970. ATTEST: CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 16th day of November, 1970. City Clerk er CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 16th day of November, 1970. City Clerk RESOLUTION NO. 212 (1970 Series) • RES OLU MON MVMVING A STOP SIGN AND AUTHORIZING • STOP SIGN AT BROAD AND 1U OM"E1=Y, ESTABLISHING A VTHYTE PASSENGER LOADING ZOT,IE ON AUGUSTA_ STREET, A STOP SIGN ON SAN CARLOS ADO A BUS LOADING ZONE ON PISmo STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The stop sign now controlling northbound motorists on Broad., at Vionterey is hereby rescinded and a stop sign is hereby authorized controlling eastbound motorists on Monterey at Broad Street. These actions apply to the more southerly of the Monterey and Broad intersections. 2, A white passenger loading zone is hereby established on the west side of Augusta Street commencing, 291 feet northerly of Laurel Lane and extending forty -four feet northerly. 3. A stop sign is hereby established stoppiner eastbound traffic on San Carlos at Helena. 4. A white bus loading zone is hereby established on the westerly side of Pismo Street commencing 107 feet southerly of Nipomo Street and extending; twenty -eight feet southerly. On motion of Councilman Blake, seconded by Councilman Miller, and on the following roll call vote: AYES: Councilmen Bla' :e, Miller, Spring and Mayor Schwartz NOES: Councilman Graham ABSENT: None the foregoing Resolution was duly passed an ATTEST: i CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 16th day of November, 1970. �r- r,Es OLU T ION NO. 2124 (1970 Series) A RESOLUTION APPROVING AND AUTHORIZING THE PUBLICATION OF THE CIVIL DEFENSE AND DICJI STER BASIC OPERATION PLAN. WHEREAS. a revision to the Basic Operation Plan for Civil Defense and Disaster has been submitted to the City Council by the Deputy Director and Assistant Director of Civil Defense; and WHEREAS, it is in.the public interest to approve the November, 1970 revision to said Basic Operation Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San. Luis Obispo as follows: 1. That certain Civil Defense and Disaster Basic Operation Plan for the City of San Luis Obispo as revised in November, 1970 is hereby approved. 2. The Mayor is authorized to sign said revised plan as Director of Civil Defense to verify the Council's approval of the Basic Plan. On motion of Councilman Graham, seconded by Councilman Blake , and on the following roll call vote: AYES: Councilmen Blake, Graham, Miller, Spring. and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and adopted this 16th day of November , 1970. ATTEST: Clerk CERTIFICATION I hereby certify that the foregoing Re solution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 16th day of November 1970. 4b 4b RESOLUTION NO. 2123 (1970 Series) A RESOLUTION OF APPLICATION OF THE CITY OF SAN LUIS OBISPO TO THE SAN LUIS OBISPO COUNTY LOCAL AGENCY FORMATION COMMASSION RELATIVE TO A PROPOSAL TO ANNE.`. TERRITORY :. MIN AS THE AIRPORT ANNEXATION TO THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo that: 1. The Council of the City of San Luis Obispo does hereby request the San Luis Obispo County Local Agency Formation Commission to approve the annexation of the territory described in the attached Exhibit "A" and designated 'The Airport Annexation" to the City of San Luis Obispo. 2. This Council declares that: A. This proposal is made pursuant to the District Reorganization Act of 1965. B. The territory proposed to be annexed is inhabited. C. The reasons for this proposal are that: (1) The City Council of the City of San Luis Obispo has been requested to initiate these proceedings for annexation by residents and owners of real property within the territory proposed to be annexed. (2) The City will be able to offer to the territory proposed to be annexed all the services of a municipal corporation, such as fire protection, water service, police protection, localized zoning controls, road repair, and others. It is felt that these services will, be more efficiently and economically operated by one entity rather than by diversified districts of the County of San Luis Obispo which now serve the territory proposed to be annexed. (3) The result should be that service to the residents of the territory proposed to be annexed will be upgraded, that the overall tax burden might be reduced, and other rates such as fire .insurance rates might be reduced. Also, government will be more local and unified, since jurisdiction would then be in one body, the City Council of the City of San Luis Obispo, to which the territory proposed to be annexed could easily elect representatives. proposal: D. The followingr counties, cities, or districts are affected by this (1) County of San Luis Obispo (2) City of San Luis Obispo (3) San Luis Obispo County Unified School District (4) Port San Luis Harbor District � � �V Resolution No. 2123 (1970 Series) Page 2 3. The City Council requests that the proposed annexation be subject to such terms and conditions as are contained in Section 56740 of the Government Code of the State of California which may be deemed. applicable by the Local Agency Formation Commission. 4. The City Cleric of the City of San Luis Obispo is hereby directed to file a certified copy of this Resolution with the Executive Officer of the San Luis Obispo County Local Agency Formation Commission. On motion of Councilman Graham , seconded by Mayor Schwartz , and on the following roll call vote: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and adopted this 16th day of November _ , 1970. ATTEST: CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the IA;5, day of 1970. "AIRPORT ANNEXATION" to the City of San Luis Obispo, California Portions of Sections 11, 12, and 13 of Township 31 South; Range 12 East, Mount Diablo Base Meridian and portions of Sections 7 and 18 of Township 31 South, Range 13 East, Mount Diablo Base Meridian, more particularly described as follows: Beginning it a point on the Southerly line of the City of San Luis Obispo, as said line was established by City Ordninance No. 160 (1960 Series) "Industrial Annexation, said point being the intersection of.the South line of the Northwest one - quarter of Section 7, Township 31, Range 13 East, Mount Diablo Base Meridian with the Northwesterly line of the Rancho Corral. De Piedra; 1. THENCE Southwesterly along the Northwesterly line of the Rancho Corral De.Piedra.to a point on the.South line of Section 7, Township.31 South, Range 13 East, Mount Diablo Base Meridian; 2. THENCE -West along the South line of.Section 7, Township .31 South, Range 13.East, Mount Diablo Base Meridian, to the corner common to said Section 7 and Section 12,.Township 31 South, Range 12 East, Mount Diablo Base Meridian; 3. THENCE West along the.South line of Section 12, Township 31 South, Range 1'2 East, Mount, Diablo Base.Meridian to a point on the Northeasterly line of State Route No. 227; .4. .THENCE Southeasterly along the Northeasterly line of State Route No. 227 to a point on the Northwesterly line of _Rancho. Corral De Piedra, said Rancho line being also.the Northwesterly.line of Hollister Tract, Lot "0;"... .5. THENCE Southeasterly along the Northwesterly line of Rancho Corral De Piedra to a point on the West line of Section 18, Township 31 South, Range 13 East, Mount Diablo Base Meridian; 6. THENCE North along the West line of Section 18, Township 31 South, Range 13 East, Mount Diablo Base Meridian, to a point on the Southwesterly line of State Route No. 227; 7. THENCE Northwesterly along the Southwesterly line of State Route No. 227 to its intersection with. the Northerly line of County Road No., 208.9 as it existed October 31, 1970, said road also known as San Luis Obispo -Santa Barbara Road;' % ft 2 T1i P;Ci: t:+estr_rly along thk, c!orthc.tl,: lire Of County } on i 2089 :t.5 i.t ccisted October 31, 1970, to the Southuas_ corner of Lot 65 of the :San Luis Obispo Suburban Tract as said Suburban Tract is shown and delineated on the map filed for record in Book One, Record of Surveys, at Page 92, February 7, 1906, in the office of the Cour:ty Recorder, County of San Luis Obispo, said corner marked on the map of the SUJurban Tract as "G 34;" 9. THENCE Northerly along the Easterly ii -:e of Lots 65 and 62 of the Suburban Tract to the Southwest corner of Lot 66, said corner point marked "G 33" on the map of the Suburban Tract; 10. THENCE Easterly along the Southerly line of Lot 66 of the Suburban Tract to the Southeast corner of Lot 66, said corner point being on the Westerly line of County Road No. 2063 and shown on the map of the Suburban Tract as "G 32;" 11. THENCE Easterly, in a direct line, across County Road No. 2063 to the Southwest corner of Lot 67 of the Suburban Tract, said corner. marked "S 130" on the map of the Suburban Tract and located on the Easterly line of said County Road No. 2063; 12. THENCE Easterly along the Southerly line of Lot 67 to the Southeast corner of said Lot 67 and marked "S 148" on the map of the Suburban Tract and common to Lots 67, 68, 76 and 77 of the Suburban Tract; 13. THENCE Northerly along the Westerly line of Lots 77 and 78 to a point on the Southerly line of Lot 58 of the San Luis Obispo Suburban Tract; 14. THENCE Easterly along the Southerly line of Lot 58 of the San Luis Obispo Suburban Tract to the most Easterly ccrner of said Lot 58, said corner common with the Southwest corner of Lot 79 of the San Luis Obispo r!.burban Trac_,� 15. THENCE Northerly along the Westerly line of Lots 79, 80, 81, 82, 83, 84 and 85 of the Suburban Tract to the Northwest corner of Lot 85 of the San Luis Obispo Suburban Tract, said corner point also being an angle point in the Southerly line of Lot 86 of said San Luis Obispo Suburban Tract; 16. THENCE West along the Southerly line of Lot 86 of the San Luis Obispo Suburban Tract to the Southwest corner of said Lot 86, said corner point being also the corner point common to Sections 1, 2, li and-12, Township 31 South, Range 12 East, Mount_ Diablo Base Meridian; ft ft 3 17. THENCE Northerly along the Westerly '_ine of Lots 86 and 27 of The San Luis Obispo Suburban Tract, said !,'esterly Section line common to Sections 1 and 2 o Mount Diablo Base Meridian, to a point on City of San Luis Obispo as established by 168, passed 18 July, 1960, said Southerly line of Rock-view Place, known formerly as line of Lots 36 and 87 beir also the E Township 31 South, range 12 Last, the Southerly City Limit line of the City of San Luis Obispo Ordinance No. City Limit line being also the Southerly County Road No. 271; 18. THENCE Easterly along the Southerly City Limit Line as described in City Ordinance No. 168 Highway Route No. 227, Westerly line of State City of San Luis Obispi ANNEXATION NO. 2; (1960 Series) to a point on the 1esterly line of State known locally as Edna Road and South Broad Street, said Route No. 227 being also the Westerly City Limit line of established by Ordinance No. 461 (1969 Series) EDNA ROAD 19. THENCE Southerly along the Westerly City Limit line as established by City of San Luis Obispo Ordinance No. 461 (1969 Series) EDNA ROAD ANNEXATION NO. 2 to an angle point, said angle point being the most Southerly corner of the EDNA ROAD ANN1EXATION NO. 2; 20. THENCE Northeasterly along the Southeasterly line of the Edna Road Annexation No. 2 to a point on the Southwesterly line of the Pacific Coast Railroad Right -of -Way (abandoned), said point being the most Easterly corner of the Edna Road Annexation and located on the Southwesterly lire of the City Limit as established by City of San Luis Obispo Ordinance No. 160 (1960 Series) INDUSTRIAL ANNEXATION: 21. THENCE Southeasterly along the City Limit line to the most Easterly corner of Lot 92 of the San Luis Obispo Suburban Tract, said corner indicated on the map of the Suburban Tract as "S 201;" 22. THENCE on the City Limit line, Northeasterly along the prolongation of the Southeasterly line cf Lot 92 of the San Luis Obispo Suburban Tract to a point on the Southwesterly line of Lot 113 of said Suburban Tract, said Southwesterly line of Lot 113 being the Northeasterly line of the Pacific Coast Railroad Company Right -of -Way (abandoned) and the Southwesterly City Limit as established by City of San Luis Obispo Ordinance No. 160 (1960 Series), INDUSTRIAL ANNEXATION; % ft 4 Ni.G "ie C i:C !,:itII iC 1.i n(: �•i�ut.iat:l.`:I: .-1V ;i l0a }'•, LIti:i i_Ot 1.1.] Ot the S.--1 it 1.uiS Ob7.500 Sub l!r DI I'! Ir;)CC to the mosC Smut! -!E: ; -1v corner oT said Lot 11.3, marked on the map Of the San Luis Obispo Suburban Tract; 24. THENCE on the City Limit line, Southeasterly across a road shown on the map of the San Luis Obispo Suburban Tract as "Road 40 Feet Wide" to the Northwest corner of Lot 112 of said Suburban Tract marked on the map as "S 164;" 25. THENCE on the City Limit line, Soutl:iaesterly across the Pacific Coast Company Railroad Right- of-Ijav (abandoned) to the Northeast corner of Lot 97 of the San Luis Obispo Suburban Tract, marked on the map as "162;" 26. THEiiCE on the City Limit line, Southwesterly along the Norti?w:esterly line of Lot 97 of the San Luis Obispo Suburban Tract to the Northwest corner of said Lot 97, marked on the map of the Suburban Tract as "S 160;" 27. THENCE on the City Li.ait line, Southeasterly along the Southwesterly line of Lot 97 of the San Luis Obispo Suburban Tract to the Southwest corner of said Lot 97, shown on the map of the Suburban Tract as "S 173;" 28. THENCE on the City Limit line, Southwest along the Northwesterly line of Lot 101 of San Luis Obispo Suburban Tract to the Northwest corner of said Lot 101, marked "S 174" on the man of the Suburban Tract; 29. THENCE on the City Limit line, Southeast along the Southwesterly line of Lots 101 and 102 of the Suburban Tract to the Southwest corner of said Lot 102, said corner being on the Northeasterly line of State Route 'No. 227 and an angle point in the Citv Limit line established by City Ordinance No. 389 (1967 Series) Broad Street Industr_i.al Annexation No. 2 and shoran as "S 177" on the map of the San Luis Obispo Suburban Tract; 30. THENCE along the City Limit line established by City of San. Luis Obispo Ordinance No. 389 (1967 Series), Northeast along the Southeasterly line of Lot 102 of the San Luis Obispo Suburban Tract to the Southeast corner of said Lot 1021 marked "S 178" on the map of said Suburban Tract and located on the South'.aesterly line of the Pacific Coast Compan_, Right - of -':!ay (abandoned); 31. T 14i ENCE On t };e C t L im t l ine , i'ief th Ga s c the pr o l o:h:ga t io n of t'. ^.e Southeasterly lire of Lot line of the Pacific Coast line of the Pacific Coast established by City of Sa 102 of Lhe Suburban Tract to a point on the Northeasterly xlcm..pan'i ?'-- 'i }?t-Of_1.7 J.'d (abandoned), said Northeasterl`/ ucmpanj' Right'of_,..,v being also the Ci tv Lim t line as Luis Cb_spo, City Ordinance i;o. 160 (1960 Series) 4b Cr ;a nn = . <3t1011; 32. a lo r9 the. City Limit , _le, _L__ 1. to the Sou"hwes t corner of Lot 111 of the San Luis Obl[spo Suburban Tr3ct, marked "S -1.33" on rile map of said San Luis Obispo Suburban Tract; 33. THENCE on the City Limit line, Southwesterly on the prolongation of the Southeasterly line of Lot 111 to an angle point in the City Limit line established by City Ordinance No. 160 (1960 Series) Industrial Annexatiorn, said point located on the centerline of the Pacific Coast Company Right -of -May (abandoned.) 34. THENCE on the City Limit line, Southeasterly along the centerline.of the Pacific Coast Company Rialroad Right -of -Way (abandoned) to a point on the West line of Section 7, Township 31 South� Range 13 East, Mount Diablo Base Meridian; 35. THENCE on the City Limit line, South on the West line of Section 7, Township 31 South, Range 13 East, Mount Diablo Base Meridian, to a point on the South line of the Northwest one-quarter of Section 7, Township 31 South, Range 13 East, Mount Diablo Base Meridian, said point marked "R 13" on the map of the Suburban Tract; 36. T'-*,_PNCE on the City Limit line, East: on the South line of the Northwest one-qua-ter, Section 7, Township 31 _South, rj--r-,ge 121 East, Mount Diablo Base Meridian to tile point of be.gin-ning. RESOLUTION NO. 2122 (1970 Series) A RESOLUTION ESTABLISHING TIM YOAKUM N0, 2 ASSESSMENT DISTRICT CONSTRUCTION FUND. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the Yoakum No. 2 Assessment District Construction Fund is hereby established. Cash payments and bond proceeds are to be received in this fund under Account No. 150, and expenditures will be made from this fund for the purpose of constructing improvements and for other purposes set forth in the assessment district proceedings, said expenditures to be made from Account No. 150. On motion of Councilman Graham, seconded by Councilman Sprinh, and on the fallowing roll call vote: AYES: Councilmen Maim, Graham, N ller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and adoplVd this 16th day ofl r, 1970. ATTEST: Cleric CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof . on the 15th day of November, 1970. i RESOLUTION NO. 2121 (1970 Series) A RESOLUTION APPROVING AND AUTHO%IZING THE MAYOR TO EXECUTE AGr.2EMENT WITH THE CALIFORNIA DISASTER OFFICE FOR TElvr PORARY USE OF THE CIVIL DEFENSE FIRE TRUCK BY THE CALIFORNIA DISASTER OFFICE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement between the California Disaster Office and the City of San Luis Obispo is hereby approved. 2. The Mayor is hereby authorized and directed to execute said agreement on behalf of the City of San Luis Obispo. On motion of Councilman Spring, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 19th day of October, 1970. ATTEST: ity Merl, CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 19th day of October, 1970. x42/ WJM&L:JTM :S:zw 10/16/70 RESOLUTION NO. 2120 (1970 SERIES) A RESOLUTION DESIGNATING COLLECTION OFFICER YOAKUM NO. 2 SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, loc California, that the City Clerk of said City, be, and he is hereby, appointed as the person to whom payment of assessments shall be made under Resolution of Intention No. 2104 (1970 Series) adopted by this Council on October 5, 1970, and that his office in the City Hall, San Luis Obispo; California, is hereby designated as the place at which the said - payments will be made, and the Superintendent of Streets is hereby relieved,of all.responsibility in connection with collecting said assessments.. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 16th day of Novemberf , 1970, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring and Mayor Kenneth E. Schwartz NOES, Councilmen: None ABSENT, Councilmen: None APPROVED: ty "Clerk i WJM&L :JTM :S:zw 10/14/70 RESOLUTION NO. 2119 (1970 SERIES) A RESOLUTION OF AWARD OF CONTRACT YOAKUM NO. 2 SEWER ASSESSMENT DISTRICT loc RESOLVED, by the City Council of the City of San Luis Obispo, California, that WHEREAS, said Council did in open session on the 16th day of November, 1970, publicly examine and declare all sealed proposals or bids for the work to be done and improvements to be made, as described and specified in Resolution of Intention No. 2104 (1970 Series) adopted by said Council on October 5, 1970, to which resolution re- ference is hereby made for a description of the work and improve- ments to be done and the materials, supplies and equipment to be furnished therefor: NOW, THEREFORE, IT IS ORDERED, as follows: 1. That said Council hereby rejects all of said proposals or bids except that hereinafter mentioned, and hereby awards the contract for doing the work and improvements and furnishing the materials, supplies and equipment necessary therefor, to the lowest responsible bidder, to -wit: Fred Julien and Associates 1141 Foothill Boulevard San Luis Obispo, California at the unit prices named in said bid. 2. That the Mayor of said City is hereby authorized to make and enter into a written contract with said successful bidder, and to receive and approve all bonds in connection therewith, and the City Clerk of said City is hereby directed to attest his signature and affix thereto the official seal of said City. V I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 16th day of November , 19 70 , by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, and Mayor Kenneth E. Schwartz NOES, Councilmen: None ABSENT, Councilmen: None APPROVED I� T ^ RESOLUTION NO. 2118 WJM&L:JTM:s:zw 10/14/70 loc (1970 SERIES) A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS YOAKUM N0. 2 SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, California., that WHEREAS, on the 5th day of October, 1970 said Council adopted its Resolution of Intention No. 2104 (1970 Series) to acquire and construct public improvements in said City and referred the proposed acquisitions and improvements to the City Engineer of said City, he being the officer having charge and control of the acquisition and construction of improve- ments in and for said City of the kind described in said Resolution of Intention and being a competent person appointed by said Council for that purpose; WHEREAS, said Council thereby directed said City Engineer to make and file with the City Clerk of said City a report in writing in ac- cordance with and pursuant to the Municipal Improvement Act of 1913; WHEREAS, said report was duly made and filed with the City Clerk of said City, whereupon said Clerk presented it to the Council for consideration; WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said Act, including (1) maps and descriptions of all acquisitions to be made, (2) plans and specifications of the proposed improvements, (3) estimate of costs, (4) diagram of district, and (5) an assessment according to benefits, all of which was done in the form and manner required by said Act; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said //a0 Act, whereupon said Council, pursuant to the requirements of said Act, appointed Monday, the 16th day of November, 1970, at the hour of 8 :00 o'clock P.M., of said day in the Council Chambers, City Hall, San Luis Obispo, California, as the time and place for hearing protests .in re- lation to said proposed acquisitions and improvements, and directing the City Clerk of said City to give notice of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by said Act, as evidenced by the affidavits on file with said City Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, 0 persons interested, objecting to said acquisitions and improvements, or to the extent of the assessment district, or to the proposed assessment or diagram., or to the maps and descriptions, or to the grades at which said work will be done, or to the Engineer's estimate of the costs and expenses thereof, filed written protests with the City Clerk of said City at or before the time set for hearing, and all persons interested desiring to be heard were given an oppor- tunity to be heard, and all matters and things pertaining to said acquisitions and improvements were.fully heard and considered by said Council, and said Council has acquired jurisdiction to order said acquisitions and improvements and the confirmation of said diagram and assessment to pay the costs and expenses thereof. NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER, as follows 1. That the owners of one -half of the area to be assessed for the cost of the project did not, at or prior to the time fixed for said hearing file written protests against the said proposed acquisi- tions and improvements as a whole, or against the said district or the extent thereof to be assessed for the costs and expenses of said 2 r, 3 acquisitions and improvements as a whole, or as to the Engineer's estimate of said costs and expenses, or against the maps and descrip- tions, or against the diagram or assessment to pay for the costs and expenses thereof. 2. That the district benefited by said acquisitions and improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof are more particularly described in .said Resolution of Intention and made a part hereof by reference thereto. That all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from said district and from the levy and collection of the special taxes to be hereafter levied and collected to cover the costs and expenses of said acquisitions and improvements. 3. That the plans and specifications for the proposed improve- ments, contained in said report, be, and they are hereby, finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution of Intention. 4. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements; and of the incidental expenses in connection therewith, contained in said report, as modified be, and it is hereby, finally adopted and approved as.the Engineer's total and detailed estimate of the costs and expenses of said acquisi- tions and improvements. 5. That the maps and descriptions of the acquisitions to be made, as contained in said report, be, and the same are hereby, finally approved and confirmed. 6. That the public interest and convenience require, and said Council does hereby order the acquisitions and improvements to be made as described in and in accordance with said Resolution of Inten- tion on file in the office of the City Clerk of said City, reference . to which is hereby made for a more particular description of said k, acquisitions and improvements, and.also for further particulars pursuant to the provisions of said Municipal Improvement Act of 1913. 7. That the diagram showing the assessment district referred to and described in said Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions of land within.said district as the same existed at the time of the passage of said Resolu- tion of Intention, each of which subdivisions having been given a separate number upon said diagram, as contained in said report, be, and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said acqui- sitions and improvements. 8. That the assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions, respectively, from said acquisitions and improvements, and of the expenses incidental thereto, as modified contained in said repor -V, be, and the same is hereby, finally approved and confirmed as the assessment to pay the costs and expenses of said acquisitions and improvements. 9. That said Engineer's report be, and the same is hereby, finally adopted and approved as a whole. 10. That the City Clerk shall forthwith deliver to the Superin- tendent of Streets the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by this Council, with his certificate of such confirmation thereto attached and of the date thereof; and that said Superintendent of Streets shall record said diagram and assessment in his office in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein.. 11. That said Superintendent of Streets., upon the recording of 4 � I said diagram and assessment, shall mail to each owner of real property within the assessment district at his last known address as the same appears on the tax rolls of San Luis Obispo County or on file in the office of the City Clerk of said City, or to both addresses if said address is not the same, or to the general delivery when no address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on the unpaid assessments pursuant to the Improvement Bond Act of 1915. 12. That said Superintendent of Streets shall also give notice by publishing a copy of a Notice to Pay Assessments by ten successive insertions in the Telegram - tribune, a newspaper published in said City, that said assessment has been recorded in his office, and that all sums assessed thereon are due and payable immediately, and that the payment of said sums is to be made thirty (30) days after the date of recording said assessment, which date shall be stated in said notice, and of the fact that bonds will be issued upon unpaid assess- ments as above provided. 5 4 I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 16th day of November , 1.9 70 , by the following vote of the- members thereof: AYES, and in favor thereof, Councilmen: Emmons Blake, Myron Graham, Donald Q: Miller; Arthur F. Spring, and Mayor Kenneth E. Schwartz NOES, Councilmen: None ABSENT; Councilmen: None APPROVED: RESOLUTION NO. 2117 (1970 Series) A RESOLUTION AUTHORIZING THE kV;AYOR TO SIGN AN AGREETVMNr 711TH THE STATE DEPAR T DIENT OF FINANCE FOR A 1971 POPULATION ESTM ATE . BE IT RESOLVED by the Council of the City of San Luis Obispo that it intends to enter into an agreement with the State of California, Department of Finance, to provide for the preparation of a population estimate for the City, and the 16ayor is authorized to execute said agreement on behalf of the City of San Luis Obispo and the City Clerk: is directed to attest the same and affix the seal of the City of San Luis Obispo thereto. On motion of Councilman Graham, seconded by Councilman Blake, and on the following roll call vote: AYES: Councilmen Blake, Graham, r/Mler, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 16th day of November, 1970. ATTEST: CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 16th day of November, 1970. Clerk 2111 -f r � WJM&L:JTM:S :zw 10/14/70 loc RESOLUTION NO. 2116 (1970 SERIES) A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS YOAKUM NO. 2 SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, California, that WHEREAS, the estimated cost of the project under Resolution of Intention No. 2104 (1970 Series) adopted by the City Council of said City on October 5, 1970 was $13,874.87; WHEREAS, following the opening of bids for the work said estimate may be reduced to $ 5,290.55 ; NOW, THEREFORE, IT.IS HEREBY ORDERED that the total assessment is hereby reduced to $__12,159.13 and that each of the individual assessments shall be reduced by its pro rata share of the difference between the original assessment and the new assessment. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 16th day of November , 19705 by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring and Mayor Kenneth E. Schwartz NOES, Councilmen: None ABSENT, Councilmen: None APPROVED: • C2//(o C" WJM&L :JTM :S:tw 10/14/70 RESOLUTION N0. 2115 (1970 SERIES) A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 210.4 (1970 SERIES) YOAKUM NO. 2 SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, California, that loc WHEREAS, this Council did on October 5, 1970, adopt its Resolu- tion of Intention No. 2104 (1970 Series) to acquire and construct public improvements in and for said City; WHEREAS, on October 5, 1970, this Council adopted a resolution appointing time and place of hearing protests in relation to the proposed acquisitions and improvements and directing notice; WHEREAS, notice was given of the time and place therein stated in the manner provided by law, as appears from the affidavits on file in the office of the City Clerk; WHEREAS, said matter came on regularly for hearing at the time therein fixed; and WHEREAS, all written protests and other written communications were publicly read at said meeting and all persons desiring to be heard were fully heard; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That protests against said acquisitions and improvements were not signed by the owners of a majority or more of the area of the lands within the assessment district, or of the area of the lands within the assessment district assessed for the costs and expenses of said acquisitions and improvements. 2. That said protests be, and each of them are hereby, overruled. �//5 I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California., at.a meeting thereof held on the 16th day of November , j970 , by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur_F. Spring and Mayor Kenneth E. Schwartz NOES, Councilmen: None ABSENT, Councilmen.: None APPROVED: FR' _ .00' MI Maoiffift_ c ; i RESOLUTION NO. 211'• (1970 Series) A RESOLUTION DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY r.EQUIRE COm— UCTION OF CERTAIN IMPROVEMENTS ON A PORTION OF SANTA BARBARA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo that: 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 Santa Barbara Street as set forth on Exhibit "A" attached hereto and incorporated by reference, and determines that the Special Assessment, Investigation, Limitation and Majority Protest Act of 1931 shall not apply to these proceedings. 2. The Superintendent of Streets shall proceed with the required notification and construction as set forth in Section 7350.1 of the San Luis Obispo Municipal Code. 3. The costs of any such work done by the City, after hearings duly held, shall become a lien upon said parcels. On motion of Councilman Blake, seconded by Councilman Spring, and on the following roll call vote: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and adopt ATTEST: �.' Clerk CERTIFICATION I hereby certify that the foregoing r.esolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 19th day of October, 1970. 191/4}' EXHIBIT "A" I"iote: C = Curt Z. Gutter S = Sidewalk R = Drive-.-ay Ramp OWNER LOCATION PARCEL NO. IMP. RE Q. I. P. At °!ell 331 Pismo 3 -011 -ni C, S, R (Archer St. Side) !7. H. Ragle 1420 ?.rcher 3- 511 -13 C; S R E. Jepson 1424 . ^rcher 3- 611 -97 C, S, R I. Ragsdale 320 3uchon 3- G11 -1? C, S, R (Archer St. Side) A. D. Cody 1413 Archer 2- 513 -03 C, S L. t E. Estrada 1413 Arc'ier M03 -04 C, S, R P. C. & J. R. Curry 1421 Archer 2- 5 ^3 -15 C, S, R L. S I. E. St:udle 1427 Archer 2- 503 -+15 C, S, R E. C. F K. Sherman 2 14 BuOon 2- 503 -11 C, S; R Orcher St. Side) C. B. Bolyden 283 Buchon 2- 504 -01 C, S, R (Archer St. Side) -D. J. A R. L. Graves, Jr. Etal 103 Santa Barbara 3-552 -n6 S ;. Ramage 117 Santa Barbara 3- 552 -07 C, R Ramage 125 Santa Bart_ara 3- 552 -08 C, S L. Adams 133 Santa Barbara 3- 552 -09 C, S, R I RESOLUTION 2113 (1970 Series) A RESOLUTION DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE CONSTRUCTION OF CERTAIN IMPROVEMENTS ON A PORTION OF ARCHER STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo that: 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 Archer Street as set forth on Exhibit "A" attached hereto and incorporated by reference, and determines that the Special Assessment, Investigation, Limitation and I. ajority Protest Act of_ 1931 shall not apply to these proceedings. 2. The Superintendent of Streets shall proceed with the required notification and construction as set forth in Section 7350.1 of the San Luis Obispo Municipal Code. 3. The costs of any such work done by the City, after hearings duly held, shall become a lien upon said parcels. On motion of Councilman Blake, seconded by Councilman Spring, and on the following roll call vote: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and ATTEST: this 19th day of October, 1970. CERTIFICI,TION I hereby certify that the foregoing %esolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 19th day of October, 1970. WS c^2//3 r1. I v� EXHIBIT "A" L. & I. E. Studle E. C. f K. Sherman C. B. Boi !den �. J. F, 'P. L. Graves; Jr. Etal Rarra;e ' ;. Ramage L. Adams 1427 Archer 2- 503 -05 2 14 BuOon 2- 503 -11 ('lrciier St. Side) 233 Buchon 2- 504 -01 (Dreher St. Side) 103 Santa Barbara 3 -552 -n 117 Santa Barbara 3- 552 -07 125 Santa Bart3ra 3- 552 -03 133 Santa Barbara 3- 552 -00 C, S, P, C. S; R C,S,R S r C, S S C, , P. Note: C = Curt C. Gutter S = Sdel•ralk R = Drivet:,ay Ramp OWNER LOCATION PARCEL NO IMP REQ. I. P. At- fel1 331 Pis::io 3- 611 - ^1 C, S, R (Archer St. Side) 19. H. Raqle 1420 - .rcher 3- ::11 -13 C; S, R H. 7 E. Jepson 1424 ".rcher 3- 511 -0') C, S, R I. Ragsdale 320 Buchon 3- 611 -10 C, S, R (,Archer St. Side) A. 0. Cody 1403 Archer 2- 513 -33 C, S L. °- E. Estrada 1413 Arc'ier 2- 503 -'14 C, S, P. C. a J. R. Curry 1421 Archer 2- 5 ^3 -95 C, S, R L. & I. E. Studle E. C. f K. Sherman C. B. Boi !den �. J. F, 'P. L. Graves; Jr. Etal Rarra;e ' ;. Ramage L. Adams 1427 Archer 2- 503 -05 2 14 BuOon 2- 503 -11 ('lrciier St. Side) 233 Buchon 2- 504 -01 (Dreher St. Side) 103 Santa Barbara 3 -552 -n 117 Santa Barbara 3- 552 -07 125 Santa Bart3ra 3- 552 -03 133 Santa Barbara 3- 552 -00 C, S, P, C. S; R C,S,R S r C, S S C, , P. RESOLUTION NO. 2112 (1970 Series A RESOLUTION OPPOSING PROPOSITION 18. WHEREAS; approval of Proposition 1S would enable highway funds to be used for air pollution research and control; and WHEREAS; adoption of said Senate constitutional amendment would permit cities to use a portion of highway fends to improve public transportation systems, thereby further reducing the amount of funds available for street improvements. NOVI, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The City Council hereby announces its opposition to Proposition 1S on the November, 1970 ballot and urges the citizens of San Luis. Obispo to likewise oppose said measure. 2. The City Clerk is authorized and directed to furnish copies of this resolution to Senator Grunsky and Assemblymen i:etchum and NiacGillivray. On motion of Councilman Blake, seconded by Councilman Spring, and on the following roll call vote: AYES: Councilmen Blake, Graham and Spring NOES: Councilman c, filler and Mayor Schwartz ABSENT: None the foregoing Resolution was duly" passedd,Ootdopted this 19th day of October, 1970. ATTEST: CERTIFICI_ T ION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular meeting held thereof on the 19th day of October, 1970. C;Z / /P, RE�aLUTION NO. 2111 (1970 Se_, ies) A RESOLUTION LEQUESTING ADDITIONAL RzPRESENTATION FOR INCORPORATED CITIES ON THE COUNTY OPEN SPACE ADVISORY C0& I X TEEa WHEREAS, it has come to the attention of the Council of the City of San Luis Obispo that recommendations by the Open Space l.dvisory Committee are often an important factor in the decisions of the Board of Supervisors on requests from landowners for approval of agricultural preserve status under the California. Land Conservation Act; and WHEREAS, creation of such preserves within the County of San Luis Obispo will always result in a shift of the tax burden to taxpayers in urban areas; and WHEREAS, the present membership of the County Open Space Advisory Committee does not appear to afford adequate representation to the incorporated areas of the County. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Board of Supervisors is hereby requested to include official representatives from each of the incorporated cities of the County of San Luis Obispo on the Open Space Advisory Committee. 2. The City Clerk is hereby directed to send copies of this resolution to the Clerk of the Board of Supervisors and to the City Clerks of each of the other incorporat- ed cities of San Luis Obispo County. On motion of Councilman '✓filler, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Blake, Graham, Iv ler, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 12th day of October, 1970. ATTEST: 79-R CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at an Adjourned meeting held thereof on the 12th day of October, 1970. REE'— LUTION NO. 2110 (1970 S pies) A RESOLUTION RECOMMENDING SUPPORT OF STATE PROPOSITION 1 ON THE NOVEMBER, 1970 BALLOT. WHEREAS, the pollution of our water is one of the gravest crises facing California; and WHEREAS, our lakes, our streams, our rivers and the ocean are being poisoned by the filth pouring into them each day; and WHEREAS, our water is being contaminated, our marine life and environment destroyed and our food supply threatened; and WHEREAS, more than 776 million gallons of untreated or inadequately treated sewage is discharged daily into San Francisco Bay alone and about 2 billion gallons of waste spewed into the ocean statewide each day; and WHEREAS, Proposition 1, a $250 million Clean Vlater bond issue on the November 3rd ballot, will provide for the construction of urgently- needed water treatment facilities by municipalities and local communities throughout California; and WHEREAS, approval of Proposition 1 will qualify our State for increases in federal funds up to $550 million for the eradication of water pollution, plus $200 million more to be contributed by local districts and cities where facilities are to be built, and thus approval of the Clean Water bond measure is the vital first step in creating a $1 billion fund to fight water pollution in California.; and WHEREAS, the job of combating water pollution in California could not be undertaken without the funds provided by passage of Proposition 1; and WHEREAS, approval of Proposition 1 would provide a shot in the arm to our economy through new jobs, expanded opportunities and increased purchasing power. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo does hereby endorse Proposition 1 and urges all citizens to vote YES at the November 3rd election. On motion of Councilman Graham, seconded by Councilman Blake, and on the following roll call vote: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed ATTEST: city Cl ereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 5th day of October, 1970. Mayor ��� City Clerk RESOLUTION NO. 2109 (1970 Series) A RESOLUTION ESTABLISHING STOP SIGNS ON SAN LUIS DRIVE AND RED ZONES ON IVIILL STREET. BE IT RESOLVED by the Council of the City of San Luis. Obispo as follows: 1. Stop signs are hereby established on San Luis Drive stopping traffic in both directions at Andrews Street. 2. A red zone is hereby established on the north side of Mill Street commencing at the westerly line of Osos Street and extending 44 feet westerly. A red zone is hereby established on the south side of Mill. Street commencing at the easterly line of Osos Street and extending 43 feet easterly. A red zone is hereby established on the south side of bull Street commencing at the westerly line of Osos Street and extending 93 feet westerly. On motion of Councilman Miller, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 5th day of October, 1970. ATTEST: CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 5th day of October, 1970. ";t 91169 WJM&L:JTMt�zw 9/29/70 10c RESOLUTION NO. 2108 (1970 SERIES) A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND DIRECTING RECORDATION OF NOTICE OF ASSESSMENT YOAKUM NO. 2 SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, California, that WHEREAS, this Council proposes to undertake proceedings for the formation of an assessment district pursuant to Resolution of Intention No. 2104 (1970 Series) adopted by this Council on October 5, 1970. NOW, THEREFORE, IT 'IS ORDERED, as follows: 1. The proposed boundaries of said assessment district to be assessed in said proceedings, are hereby described as shown on a map of said assessment district on file in the office of the City Clerk, which indicates by a boundary line the extent of the territory included in the proposed assessment district and which shall govern for all det- ails as to the extent of.such district, reference to such map being hereby made for particulars. Said map contains the name of the City and a distinctive designation in words or by number of the district shown thereon. 2. On the original and at least one copy of said map the Clerk shall endorse his certificate evidencing'the date and adoption of this resolution. The Clerk shall file the original of such map in his office and, within.15 days After.adoption of the resolution fixing time and place of hearing on the formation or extent of said district, and-in no event later than 15 days prior to such hearing, shall file a copy thereof with the County Recorder of the County of San Luis Obispo in which all of such proposed assessment district is located. 3. The County Recorder shall endorse on the copy of said map the time and date of filing and shall fasten the same securely in a book of maps of assessment districts which he shall keep in his office. 1: The County Recorder shall index such map by the name of the entity conducting the proceedings and by the distinctive designation of the district as shown on such map. 4. After confirmation of the assessment by this Council the Clerk shall cause to be filed in the office of the County Recorder a copy of the assessment diagram and shall execute and record a notice of assess- ment in the office of the County Recorder of the County of San Luis Obispo, such notice to be in substantially the form provided in Section 3114 of the Streets and Highways Code. From the date of such recording, all persons shall be deemed to have notice of the contents of such assessment, and each of such assessments shall thereupon be a lien upon the property against which it.is made, and unless sooner discharged such liens shall so continue for the period of four (4) years from the date of said recordation, or in the event bonds are issued to represent said assessments, then such liens shall continue until the expiration of four (4) years after the due date of the last installment upon said bonds or of the last principal coupon attached thereto. 5. The appropriate officer or officers are hereby authorized to pay any and.all fees required by law in connection with the above. * * * * * * * * * * * * I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 5th day of October , 19 70 , by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring and Mayor Kenneth E. Schwartz NOES, Councilmen: None ABSENT, Councilmen: None Cit er the City of San Luis Obispo WJM&L:JTM: �w 9/29/70 loc RESOLUTION NO. 2107 (1970 SERIES) A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE. TO COMPLETE THE WORK WITHIN TIME SPECIFIED YOAKUM NO. 2 SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, California, that WHEREAS, the said Council did, on the 5th day of October, 1970, adopt its Resolution of Intention No. 2104 (1970 Series) to order the construction of ,sanitary sewer mains, manholes, wyes, laterals and appurtenances in said City, all as more particularly described and set forth in said Resolution of Intention; NOW, THEREFORE, the City Clerk of said City is hereby directed to publish once a week for two weeks in the Telegram- Tribune, a news- paper published and circulated in said City, a notice inviting sealed proposals or bids for the construction of said improvements, and re- ferring to the plans and specifications on file in the office of said City Clerk, the first publication of which notice shall be at least fourteen days prior to the time fixed for opening bids. All proposals or bids shall be accompanied by cash, a cashier's or certified check payable to the order of the City Clerk amounting to ten per cent of the bid, or "by a bond in said amount and payable to said City signed by the bidder and a corporate surety or by the bidder and two sureties who shall justify before any.officer competent to administer an oath, in double said amount and over and above all statutory exemptions. The amount so posted shall be forfeited to said City in case the bidder depositing the same does not, within fifteen days after written notice that the contract has been awarded to him, enter into a contract with the City. It is hereby determined that in the event the contractor, con- tracting owners included, does not complete the work within the time x/07 limit specified in the proposed contract or within such further time as this Council shall have authorized, the contractor or contracting owners, as the case may be., shall pay to the City liquidated damages in the amount of Fifty Dollars ($50.00) per day for each and every day's delay in finishing the work beyond the completion date specified in said contract. Additional provisions with regard to said time of completion and liquidated the specifications., damages are set forth in, which provisions are hereby referred to and incorporated herein by reference. Said sea-led proposals or bids shall be delivered to the City Clerk of said City on or before 2:00 o'clock P.M. on the 13th day -olf November, 1970, said time being not less than fourteen day . s from the time of the first publication of said notice. Bids will.be publi- cly opened, examined and declared on said day and hour, and referred to and considered by the Council: at its meeting at 8:00 o'clock-P.M. on November 16.,.1970. 2 C I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the -5th day of October , 19�_, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring and Mayor Kenneth E. Schwartz NOES, Councilmen: Nose ABSENT, Councilmen: None Ci CT- of" thEe City of-San-Luis Obispo JFW-- - -- WJM &L:JTM ",�w 9/29/70 16c RESOLUTION NO. 2106 (1970 SERIES) A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS; AND DIRECTING NOTICE YOAKUM NO. 2 SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, California, that WHEREAS, pursuant to Resolution of Intention No. 2104 (1970 Series) adopted on October 5, 1970, by the City Council of,said City, pursuant to the Municipal Improvement Act of 1913, the City Engineer of said City has filed with the City Clerk of this City the written report called for under said Act and by said Resolution of Intention which report has been presented by said Clerk to this Council for considera- tion., and this Council has considered and preliminarily approved and confirmed.said report and ordered that the same stand as the report for the purpose of all subsequent proceedings had pursuant to said Resolution of Intention. NOW, THEREFORE, IT IS ORDERED, that Monday, the 16th day of November, 1970, at the hour of 8:00 o'clock P.M., in the regular meeting place of said Council, Council Chambers, City Hall, San Luis Obispo,' California, be, and the same are hereby appointed and fixed as the time and place when and where the Council will consider and finally determine whether the public interest, convenience and neces- sity require.said acquisitions and improvements, and when and where it will consider and finally act upon the Engineer's report under said Resolution of Intention. IT IS FURTHER ORDERED that the City Clerk of this City be, and he is hereby, directed to give.notice of said,hearing once a week for two weeks in the Telegram- Tribune, a newspaper published and circu- lated in said City, and by conspicuously posting a notice thereof along all the open streets within the assessment district at not more ,�/b(q T than three hundred feet apart, and not less than three in all; said posting and first publication to be had and completed at least twenty days before the date herein set for hearing of protests. IT IS FURTHER ORDERED that said notices shall be headed "Notice of improvement" in letters of not less than one inch in height and shall, in legible characters, state the fact and date of the passage of said Resolution of Intention and of the filing of said report and of the date, hour and place set for the hearing of said protests, and briefly describe the acquisitions and improvements proposed to be made, and. refer to said Resolution of Intention and report for further particulars. IT IS FURTHER ORDERED that the City Clerk of said City shall mail or cause to be mailed notice of the adoption of said Resolution of Intention and the filing of said report, postage prepaid,, at least twenty days before the date set for hearing of said protests, to all persons owning real property to be assessed, whose names and addresses appear on the last equalized assessment roll for County taxes prior thereto or as known to the City Clerk, which notice shall contain a. statement of the time, place and purpose of the hearing on said Reso- lution of intention and report and a statement of the total estimated cost of the proposed-acquisitions and improvements., the amount as shown by said report to be assessed against the particular parcel covered by the notice, together with a statement that any person interested may file a protest in writing as provided in said Act. K f. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California; at a_meeting thereof held on the 5th day of October , 19 70 , by the following vote of the members thereof: AYES, and in. favor thereof, Councilmen: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring and Mayor Kenneth E. Schwartz NOES, Councilmen: None ABSENT, Councilmen: None Cit r the- City -of San Luis Obispo WJM &L: JTM:.w 9/29/ 70 lOc RESOLUTION NO. 2105 (1970 SERIES) A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT YOAKUM NO. 2 SEWER ASSESSMENT DISTRICT RESOLVED; by the City Council of the City of San Luis Obispo, California, that WHEREAS, on the 5th day of October, 1970, said Council did adopt its Resolution of Intention No. 2104 (1970 Series) to acquire and construct improvements in said City, and did refer the proposed acqui- sitions and improvements to the City Engineer, he being the officer having charge and control of the acquisitions and construction of public improvements in and for-said City of the _kind described therein and being a competent person employed by said City for that purpose, and did therein direct said City Engineer to make and file with the City Clerk of said City, a report in writing all as therein more particularly described, under and pursuant to the Municipal Improve- m_en_t Act of 1913; WHEREAS, said City Engineer has made and filed with the City Clerk of said City a report in writing as called for in said Resolu- tion of Intention and under and pursuant to said Act, which report has been presented to this Council for consideration; WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each.and every part of said report is sufficient, and that said report, nor any part thereof re- quires or should be modified in any respect; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That the plans and.specifications for the proposed improve- ments to be made, contained in said report, be., and they are hereby, preliminarily approved and confirmed. 2. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements and of the inciden- tal expenses in connection therewith, contained in said report., be., 0?/65 And each of them are hereby, preliminarily approved and confirmed. 3. That the diagram showing the assessment district referred to and described in said Resolution of Intention and also the boundaries and dimensions of the respective subdivisions of _land within said assessment district as the same existed at the time of the passage of said Resolution of Intention each of which subdivisions have been given a separate number upon said diagram, as contained in said report, be, and it is hereby, preliminarily approved and confirmed. 4. That the proposed assessments upon the several subdivisions of land-in said assessment district.in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improvements, and of the incidental expenses thereof, as contained in said report, be, and they are hereby, preliminarily Approved and confirmed. 5. That the maps and descriptions of the acquisitions to be made, as contained in said report, be, and the same are hereby, preli- minarily approved. 6. That said report shall stand as the Engineer's report for the purposes of all subsequent proceedings had pursuant to said Resolution of intention. Pq I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 5th day of October , 1970 , by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Emmons Blake, Myron Graham, Donald Q. Miller., Arthur F. Spring and Mayor Kenneth E. Schwartz NOES, Councilmen: None ABSENT, Councilmen: None City" rl he City of San Luis Obispo 9 —' WJM&L :JTM- Jzw 9/29/70 10c RESOLUTION NO. 2104 (1970 SERIES) A RESOLUTION.OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS YOAKUM NO. 2 SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, California, that in its opinion the public interest and convenience require and that it is the intention of said Council to order the following acquisitions and improvements, to wit: 1(a) The acquisition of capacity rights in the Yoakum sewer lift station and Johnson et al trunk line, and the construction of sewer mains and all appurtenances thereto in South Broad Street between Rockview Place and Assessor's Parcel.No. 53- 221 -13. (b) The making of all acquisition of rights and the perform- ing of all work auxiliary to any of the above necessary to complete the same. 2. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the inter- sections of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. 3. Said streets and highways are more particularly shown in the records in the office of the County Recorder of San Luis Obispo County, California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk of said City. 4. All of said work and improvements are to be constructed at the places and in the particular locations; of the forms, sizes, dimen- sions and materials,.and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter. provided. 5. There is to be excepted from the work herein described any of such work already done to line and grade and marked excepted or shown not to be done on said plans; profiles and specifications. C� /a//-- 6. Notice is hereby given of the fact that in many cases said work and improvement will bring the finished work to a grade different from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. 7. Said Council does hereby adopt and establish as the official grades for said work the grades and elevations to be shown upon said plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the City of San Luis Obispo. 8. The descriptions of. the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and descriptions as contained in the Engineer's report, shall be controlling as to the correct and detailed description thereof. 9. Said contemplated acquisitions and improvements, in the op- inion of said Council, are of more than, local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon an assess- went district, the exterior boundaries of which district are the com- posite and consolidated area as more particularly shown on a map thereof on file in the office of the City Clerk to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment district. 10. Said Council further declares that all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from the assessment here- after to be made to cover the costs and expenses of said acquisitions and improvements. 2 11. Notice is hereby given that serial bonds to represent the unpaid assessments, and bear interest at the rate of five percent (5 %) per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915, 'Division 10 of the Streets and Highways Code, the last installment of which bonds shall mature not to exceed nine (9) years from the second day of July next suceeding ten (10) months from their date. 12. Except as Herein otherwise provided for the issuance of bonds, all of said improvements shall be done'pursuant to the pro- visions of the Municipal Improvement Act of 1913. 13. Reference is hereby made to 'proceedings had pursuant to Division 4 of the Streets and Highways Code on file in the office of the City Clerk. 14.. Said proposed acquisitions and improvements are hereby referred to the City Engineer, being a competent person employed by said City for that purpose; and said Engineer is hereby directed to make and file with the City Clerk of said City a - report in writing, presenting the following: (a) Maps and descriptions of the acquisitions to be made; (b) Plans and specifications of the proposed improvements to be made pursuant to this Resolution of Intention; (c) Engineer's statement of the itemized and total esti- mated costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; (d) Diagram showing the assessment district above referred to,. and also the boundaries and dimensions of the respective sub- divisions of land within said district as the same existed at the time of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon said diagram; (e) A proposed assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improvements, and of the expenses incidental thereto. When any portion or percentage of the cost and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of said acquisi- tions and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (d) of this Section. 15. Notice is hereby given that, in the opinion of the Council, the public interest will riot be served by allowing the property owners to take the contract for the construction of the improvements and that, pursuant to Section 10502.4 of the Streets and Highways Code, no notice of award of contract shall be published: 16. If any excess shall be realized from the assessment it shall be used, in such amounts as the Council may determine, in accordance with the provisions of law for one or more of the following purposes: (a) Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the.improvement fund; (b) As a credit upon the assessment and any supplemental assessment; or (c) For.the maintenance of the improvements. 4 I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 5th day of _actoh r. ; 19�_, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, and Mayor Kenneth E. Schwartz NOES, Councilmen: None ABSENT, Councilmen: None —: �G City e t he City of San Luis Obispo WJM&L: JTM as zw 9/29/70 loc RESOLUTION NO.. 2103 (1970 SERIES) A RESOLUTION AAPOINTING ENGINEER AND ATTORNEYS YOAKUM NO. 2 SEWER ASSESSMENT DISTRICT RESOLVED. by the City Council of the City of San Luis Obispo, California, that WHEREAS, this Council has determined to. undertake proceedings pursuant to appropriate assessment and assessment bond acts for the acquisition and construction of public improvements in said City; WHEREAS, the public interest and general welfare will be served by appointing and employing engineers and attorneys for the prepara- tion and conduct of said proceedings and work in connection with said improvements; NOW, THEREFORE, IT IS ORDERED, as follows; 1. That City Engineer of this City, be, and he is hereby, appointed and employed to do and perform all engineering work neces- sary in and for said proceedings, including;all.preliminary surveying, preparation of report, plans, profiles, specifications, estimate of costs, diagram and assessment, setting grade stakes and supervision of work; that his compensation be, and it is hereby, fixed at a reasonable engineering fee for all of said engineering, said fee to be approved by the City Council of said City, and to be assessed as an incidental expense of said proceedings. 2. That the law firm of Wilson, Jones, Morton & Lynch, San Mateo, California, be, and they are hereby, appointed and employed to do and perform all legal services required in the conduct'of said proceedings, including the preparation of all papers not required to be prepared by the Engineer, examining and approving the engineer- ing documents and advising the Engineer in the preparation of his work, advising all City officials on all matters relating thereto when called upon, and furnishing their'legal opinion on the validity of said proceedings and bonds, and that their compensation be,,and it is hereby, fixed at 2% of the acquisition and construction cost, exclusive of incidentals; or $750.003 whichever is greater, together with reasonable fees for services in acquiring easements or in eminent domain or other suits., to be assessed as an incidental expense of said proceedings. 3. That the fees provided to be paid herein be paid from said assessments to be levied and bonds to be issued, and not otherwise. 2 I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 5th day of October , 19 70 ; by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring and Mayor Kenneth E. Schwartz NOES, Councilmen: None ABSENT, Councilmen: None r Cit r the City of San Luis Obispo 0 r` WJM&L :JTN zw 9/29/70 loc RESOLUTION NO. 2102 (1970 SERIES) A RESOLUTION.DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT.BOND ACTS FOR THE CONSTRUCTION OF IMPROVEMENTS WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE YOAKUM NO. 2 SEWER ASSESSMENT.DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo,. California, that WHEREAS, all of the owners of more than 60% in area of the property subject to assessment therefor have signed and filed with the City Clerk of this City a written petition for undertaking pro- ceedings pursuant to special assessment and assessment bond acts, and to assess the costs thereof upon the properties benefited by. said improvements, and waiving proceedings. under Division 4 of the Streets and Highways Code, for the following acquisitions and improvements: (a) The acquisition of capacity rights in the Yoakum sewer lift ;station and Johnson et al trunk line, and the construction of sewer mains and all appurtenances thereto in South Broad Street between Rockview Place and Assessor's Parcel No. 53- 221 -13• (b) The making of all acquisition of rights and the performing of all.work auxiliary to any of the above necessary to complete the same. WHEREAS, the costs and expenses of said contemplated acquisi- tions and improvements are to be chargeable upon an assessment district, the exterior boundaries of which are more particularly shown on a map on file in the office of the City Clerk. WHEREAS, the public interest and convenience will be served by the taking of said proceedings; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED that all of the owners of more than 60% in area of the property C�1/d.21 subject to assessment for said proposed acquisitions and improve- ments have filed with the City Clerk of this City a written petition for the construction of improvements pursuant to appropriate special . assessment and assessment bond acts, without further compliance with the .provisions of Division 4 of the Streets and Highways Code. IT IS FURTHER FOUND, DETERMINED and ORDERED that said proceedings for the construction of said improvements shall be had pursuant to the Municipal Improvement Act of 1913, and the bonds upon the unpaid assessments thereof shall be issued pursuant to the Improvement Bond Act of 1915. IT IS FURTHER FOUND, DETERMINED and ORDERED that the provisions of Division 4 of the Streets and Highways Code be, and they are hereby, dispensed with. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 5th day of October, 1970, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring and Mayor Kenneth E. Schwartz NOES, Councilmen: None ABSENT, Councilmen.: None -- City r f the City of San -Luis Obispo 2 RESOLUTION NO. 2101 (1970 Series) A RESOLUTION RESTRICTING PAPI:ING ON PALM STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. A no- parking zone is hereby established on the south side of Palm Street commencing at the west property line of Chorro and extending 100 feet westerly.. On motion of Councilman.Blake, seconded by Councilman Miller, and on the following roll call vote: AYES: Councilmen Blake, Miller, Spring, Graham and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was duly passed and adopted this 21st day of September, 1970. ATTEST: r- CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 21st day of September, 1970. i�zSOLUTION NO. 2100 (1970 7S,� ries) A RESOLUTION EXPRESSING OPPCSITION TO ESTABLISHIvIBNT OF A TWO PEP. CENT LIMITATION ON CITY FRANCHISE FEES FOR CABLE TV. WHEREAS, the Federal Communications Commission has proposed rule changes affecting cable television (CATV) systems, which would limit a city's franchise fee to two per cent of a CATV system's gross receipts and require CATV systems to provide four special public service channels, including one for use by the city government; and WHEREAS, the Legislature of the State of California has recently rejected similar legislation designed to restrict revenues to local agencies; and WHEREAS, it is in the public interest that neither the FCC nor the various state legislatures establish arbitrary limits on franchise fees for Cable TV so that the ability of local agencies and CATV operators to cooperate in achieving the objectives of the FCC's First Order in Docket No, 18397 will not be impaired; and WHEREAS, the need of areas for special public service channels varies greatly, as do the revenue needs of local agencies and the values of the individual CATV franchises, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1, The Council hereby announces its opposition to proposed regulations by the Federal Communications Commission which would affect the provisions of local Cable TV franchises in any way. 2. In particular, the Council wishes to express its opposition to the establishment by the FCC of a two per cent limitation, or any other arbitrary ceiling, on a city's franchise fee for Cable TV and to reaffirm its opposition to similar efforts at the state level. On motion of Councilman Miller, seconded by Councilman Blake, and on the following roll call vote: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and ATTEST: this 21st day of September, 1970. I hereby certify that the foregoiner resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 21st day of September, 1970. City Clerk