Loading...
HomeMy WebLinkAbout8565-85710 RESOLUTION NO. 8571(1996 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THE CITY'S INTENT TO GRANT A FIVE YEAR FRANCHISE TO SAN LUIS GARBAGE AND SETTING A PUBLIC HEARING FOR AUGUST 20, 1996 WHEREAS, the City of San Luis Obispo has adopted a Source Reduction and Recycling Element (SRRE) to meet the state law AB 939- "requirements; and WHEREAS, the SRRE states that.the City will provide residential curbside recycling and green waste collection services; and WHEREAS, the City solicited competitive proposals for residential curbside recycling and green waste collection services; and WHEREAS, the Council selected San Luis Garbage Company proposal to provide residential curbside recycling and green waste collection services; and WHEREAS, City staff and San Luis Garbage Company have now developed the franchise agreements for the City Council's consideration to provide these services. This agreement contains the following key provisions: ® Type: Exclusive e Term: Five years with the option to extend for an additional two years ® Franchise fee: 6 % of gross revenue ® Service Highlights: ■Green waste containers provided to all residential and commercial customers u.Scholarships Awards oPublic education and information component. ■Bulky waste collection and recycling ■Addition of other materials as markets develop Now, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby declares: A public hearing will be held on August 20, 1996 at 7 pm in City /County Library community Room at which time it is the intention of the City Council to grant a five year franchise (with an option to extend for two years) to San Luis Garbage company. 2. Any persons having any interest in the franchise or any objection to the granting of the franchise may appear before the Council and be heard thereon. 3. The City Clerk will publish this resolution at least once within fifteen days of its passage in a newspaper in the City of San Luis Obispo. R -R 971 Page 2 Resolution No. 8571 Upon motion of Council Member Romero seconded by Council Member Smith and on the following roll call vote: AYES Council Members Romero, Smith, Roalman, Williams and Mayor Settle NOES None ABSENT: None the foregoing resolution was adopted this 23rd day of July 1996. Mayor Allen Settle ATTEST. qty Clerk B nie . Gaw APPROVED AS TO FORM: O RESOLUTION NO.8570 (1996 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE EMPLOYMENT CONTRACT OF DEBORAH HOLLEY, BIA ADMINISTRATOR, AND PETER EBERLE, THURSDAY NIGHT ACTIVITIES AND PROMOTIONS COORDINATOR BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. That the contract of employment between the City of San Luis Obispo and DEBORAH HOLLEY as BIA Administrator for the period of July 11, 1996 through July 11, 1997, attached hereto as Exhibit "A" and by this reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute same. SECTION 2. That the contract of employment between the City of San Luis Obispo and PETER EBERLE as Thursday Night Activities and Promotions Coordinator for the period of July 11, 1996 through July 11, 1997, attached hereto as Exhibit "B" and by this reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute same. Upon motion of Vice Mayor Williams seconded by Council Member Smith and on the following roll call vote: AYES: Council Members:-Williams, Smith, Roalman, Romero and Mayor Settle NOES: None ABSENT. None the foregoing resolution was adopted this 1996. ATTEST: nnie L. Gawf 1ty C rk APPROVED AS TO FORM: 16th day of July Mayor Allen Settle 2e '20 0 RESOLUTION NO. 8'569 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL FOR THE CAL POLY FOUNDATION TO OBTAIN A TAX- EXEMPT LOAN ON BEHALF OF THE CITY FOR ACQUISITION OF EQUIPMENT FOR THE PERFORMING ARTS CENTER WHEREAS, the California Polytechnic State University Foundation ( "Corporation ") is organized under the Non - Profit. Public Benefit Corporation Law of the State of California and the articles of incorporation of the Corporation provide that it is not organized for profit; and WHEREAS, the Corporation is an auxiliary organization of the California State University and is authorized to act pursuant to California Education Code Section 89900, et seg.; and WHEREAS, the California Polytechnic State University has formally requested that said Corporation serve as the borrower of a qualified tax - exempt debt financing; and WHEREAS, the articles of incorporation of the Corporation provide that corporate income will not inure to the benefit of any private person; and WHEREAS, the Corporation desires to borrow funds on behalf of the City of San Luis Obispo to purchase and install certain tangible personal property to further its corporate purposes; and WHEREAS, the City of San Luis Obispo has determined that it is desirable to assist in the acquisition and financing of said property from the proceeds of said loan; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AS FOLLOWS: Section 1. The City Council hereby approves the purposes and activities of the Corporation relating to said Loan, the use of which is more specifically set forth in the attached Exhibit "A ", which is incorporated herein as though fully set forth. Section 2. The Loan assumed by the Corporation in an aggregate principal amount not to exceed one million dollars ($1,000,000.00) and the proposed form of the debt instruments to be used by the Corporation solely on behalf of the City, as presented to the City and on file with the City Clerk; is hereby approved, provided that this resolution shall not constitute or authorize an obligation of the City of San Luis Obispo, or any Council member, officer or employee of the City, and no lending or pledging of the credit of the City is intended or authorized by this resolution; and in no event shall the City be obligated in any way for the repayment of any principal, interest or any other obligation related to or arising from the loan transaction. Section 3. The City hereby agrees, without demand or further obligation on behalf of the City, to accept unencumbered fee title to the financed property upon retirement of said loan debt. ,r. R 8569 Section 4. The property to be financed by said loan is hereby determined to have a substantial connection with the City of San Luis Obispo through the City's participation in the development and operation of the performing arts center facility, in which the debt - financed property shall be located and utilized. Upon motion of Council Mbr. Romero seconded by Council_ Mbr. Smith and on the following roll call vote: Ayes: Council Members Romero, Smith, Williams, Roalman and Mayor Settle Noes: None Absent: None the foregoing resolution was adopted this 16th day of July 1996. Mayor Allen K. Settle ATTEST: i Cit Jerk, BONNI , AWF APPROVED AS TO FORM: Firm PA A Fill, N C RESOLUTION NO. 8568 (1996 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING A LEGISLATIVE EXEMPTION TO SECTION 4050 OF THE CALIFORNIA HEALTH AND SAFETY CODE RELATIVE TO NACIlMIIENTO RESERVOIR WHEREAS, the City of San Luis Obispo is participating in the development of the Nacimiento Water Supply Project to provide the necessary water for the City to achieve full build -out as identified in the City's General Plan, and WHEREAS, this project will represent a significant financial investment on the part of the City and other purveyors participating in the project, and WHEREAS, the City of San Luis Obispo desires to ensure its ability to enjoy the use of the water from the Nacimiento Water Supply Project, and WHEREAS, the City of San Luis Obispo also wishes to ensure protection of the current beneficial uses of the Nacimiento reservoir including body contact recreation, and C WHEREAS, Chapter 8, section 4050 of the California Health and Safety Code currently prohibits body contact recreation in reservoirs used for domestic supply, and WHEREAS, Chapter 8, section 4053 provides specific, conditional relief for San Diego County from the provisions of section 4050, and WHEREAS, similar legislation to that provided under section 4053, specifically applied to the Nacimiento reservoir, would serve to ensure the City's eventual use of Nacimiento water as a domestic water supply without limitation or restriction to the current beneficial uses of the reservoir, including body contact recreation, and WHEREAS, the City of San Luis Obispo wishes to continue to receive the full benefit and protection of Chapter 8, Section 4050 of the California Health and Safety Code relative to the City's other water supply reservoirs, Salinas and Whale Rock, and . WHEREAS, a change in legislation relative to Salinas and Whale Rock reservoirs is not necessary to continue their current use as domestic supply reservoirs, may cause considerable controversy thus delaying the required change in legislation relative to Nacimiento Reservoir, and, WHEREAS, the City desires to see no change relative to the application of Chapter 8, Section 4050 of the California Health and Safety Code which could facilitate a change in the recreational use of Salinas and Whale Rock reservoirs, possibly impacting water quality and operations of the reservoirs. R8568 Resolution No. 8568(1996 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby declares its support for the efforts and actions, of the San Luis Obispo County Flood Control and Water Conservation District and the legislative offices of the State of California, seeking modification to the provisions of Chapter 8, Section 4050 of the California Health and Safety Code, such that for the Nacimiento Water Supply Project, concurrent use of the Nacimiento Reservoir for domestic Water supply and body contact recreational uses be allowed, consistent with the conditions expressed in Chapter 8, Section 4053 of the California Health and Safety Code as applied to San Diego County. BE IT FURTHER RESOLVED, that the City Council for the City of San Luis Obispo hereby opposes any efforts on the part of the SLOFCWCD to include in such legislative change language which would affect the existing provisions of Chapter 8, Section 4050 of the California Health and Safety Code relative to Salinas and Whale Rock reservoirs. Upon motion of Council Member Romero and on the following roll call vote: Seconded by Vice Mayor Williams AYES: Council Members Roalman, Romero, Smith, Williams, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 16 day of July , 1996. ATTEST: r r APPROVED AS TO FORM: Mayor, Allen K. Se I� 0 0 •l 856 7 RESOLUTION NO . (1996 SERIES ) A RESO L SAN LUI S NOTIC E ELECT I SUBMISSIO CO ON OF THE CITY COUNCIL OF THE CITY O F OBISPO, CALIFORNIA, CALLING AND GIVIN G F THE HOLDING OF A GENERAL MUNICIPA L ON TUESDAY, NOVEMBER 5, 1996, FOR TH E OF BALLOT MEASURES TO THE ELECTORAT E ERNING CITY CHARTER AMENDMENT S WHEREAS, under the provisions of City Charter Section 302, a General Municipal WHEREAS, on Resolution Nos . 650 5 Charter amendments on WHEREAS, th e WHEREAS, th e amending previously ado arch 5, 1996, the City Council of the City of San Luis Obispo adopte d ough 6513 authorizing the placement of certain measures regardin g e November 5, 1996 ballot ; eeting was noticed as required by law ; and ity Council now wishes to amend the measures' ballot designations b y ted resolutions in conflict . , THE City Council of the City of San Luis Obispo, California, doe s SECTION 1 . T t the City Council, pursuant to its right and authority, does orde r submitted to the voter at the General Municpal Election of November 5, 1996, the followin g questions : Measure B Shall City Charter Article IX be amended to Ye s add "Section 909 . Use of Water Supply _____________________ Reliability Reserve"?N o Measure C Shall City Charter Section 406 be amended to Ye s extend the period of time in which to hold an _____________________ election to fill a Council Vacancy?No Measure D Shall City Charter Section 109 be amended to Ye s delete reference to the City Jail?_____________________ No Measure E S_iall City Charter Section 404 (C) extending Ye s Councilmember terms of office be deleted?_____________________ No 8856 7 Resolution No .8567 (1996 Series) Page Two Measure F Shall City Charter Section 407 concerning th e powers and duties of Mayor during a n emergency be amended to bring them int o conformance with Municipal Code Chapte r 2 .24 ? 1 Ye s --------------------- No Measure G Shall City Charter Section 410 concerning th e time of payment of Council Compensation b e amended to conform with the regular Cit y payroll schedule? Yes --------------------- N o Measure H Shall City Charter Section 709 be amended t o allow the Council to adopt a Personnel Policy by ordinance or resolution? Yes --------------------- N o Measure I Shall City Charter Section 807 concerning property taxes be deleted? Ye s --------------------- No Measure J Shall City Charter Section 901 (A) concerning public works to be done by contract b e amended to refer to the Public Contracts Code? Ye s --------------------- No SECTION 2 . That all ballot designations in Resolutions 8505 through 8513 otherwise i n conflict with this Resolution are hereby amended and superceded by the ballot designations se t forth in this Resolution . SECTION 3 . That the City Clerk is hereby directed to file certifeid copies of this resolution with the Board of Supervisors, the County Clerk and Registrar of Voters of the Count y of San Luis Obispo . SECTION 4 . That the City Clerk shall certify to the passage and adoption of thi s resolution . On motion of vi e Maynr w,1 ; ara ,seconded by council Member Roalma d on the following roll call vote : AYES :Council Members Roalman, Romero, Smith, Williams, Mayor Settl e NOES :None ABSENT :None L) Resolution No. 8567 (1996 Series) Page Three The foregoing resolution was passed and adopted this 16th day of July, 1996. Mayor Allen K.' Settle ATTEST: APPROVED AS TO FORM: 0 `s /,.: �� � l�: � r l // /�/ �� �. � ��r %�� Va _',ti .. ` %C, L 8567 RESOLUTION NO. (1996 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY; NOVEMBER 59 19969 FOR THE SUBMISSION OF BALLOT MEASURES TO THE ELECTORATE CONCERNING CITY CHARTER AMENDMENTS WHEREAS, under the provisions . of City Charter Section 302, a General Municipal Election shall be held Tuesday, November 5, 1996; WHEREAS, on March 5, 1996, the City Council of the City of San Luis Obispo adopted Resolution Nos. 6505 through 6513 authorizing the placement of certain measures regarding Charter amendments on the November 5, 1996 ballot; WHEREAS, the meeting was noticed as required by law; and WHEREAS, the City Council now wishes to amend the measures' ballot designations by amending previously adopted resolutions in conflict. NOW, THEREFORE, THE City Council of the.City of San Luis Obispo, California, does resolve, declare, determine and order as follows: SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voter at the General Municpal Election of November 5, 1996, the following questions: Measure B Shall City Charter Article IX be amended to Yes add "Section 909. Use of Water Supply --------------------- Reliability Reserve "? No Measure C Shall City Charter Section 406 be amended to Yes extend the period of time in which to hold an --------------- - - - - -- election to fill a Council Vacancy? No Measure D Shall City Charter Section 109 be amended to Yes delete reference to the City Jail? --------------------- No Measure E Shall City Charter Section 404 (C) extending Yes Councilmember terms of office be deleted? --------------------- No R8567 Resolution No. 8567 (1996 Series) Page Two Measure F Shall City Charter Section 407 concerning the Yes powers and duties of Mayor during an emergency be amended to bring them into --------------------- conformance with Municipal Code Chapter 2.24? No Measure G Shall City Charter Section 410 concerning the Yes time of payment of Council Compensation be amended to conform with the regular City ----- =--------- = - - = -- payroll schedule? No Measure H Shall City Charter Section 709 be amended to Yes allow the Council to adopt a Personnel Policy -------------------- by ordinance or resolution? No Measure I Shall City Charter Section 807 concerning Yes property taxes be deleted? ------------------ Measure J Shall City Charter Section 901 (A) concerning Yes public works to be done by contract be ---=--------=--=---=- amended to refer to the Public Contracts Code? No SECTION 2. That all ballot designations in Resolutions 8505 through 8513 otherwise in conflict with this Resolution are hereby amended and superceded by the ballot designations set forth in this Resolution. SECTION .3. That the City Clerk is hereby directed to file certifeid copies of this resolution with the Board of Supervisors, the County Clerk and Registrar of Voters of the County of San Luis Obispo. SECTION That the City Clerk shall certify to the passage and adoption of this resolution. On motion of Vice Maya- Wi 1 1 i ama , seconded by Council Member Roalma�nd on the following roll call vote: AYES: Council Members Roalman, Romero, Smith, Williams, Mayor Settle NOES: None ABSENT: None 8566 RESOLUTION NO. (1996 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 1996, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE BE IT RESOLVED by the City of San Luis Obispo as follows: SECTION 1. The Board of Supervisors of the County of San Luis Obispo is hereby requested to order the consolidation of the General Municipal Election with the Statewide General Election to be held on Tuesday, November 5, 1996, and said Board of Supervisors is hereby authorized to canvass the returns of the election called and the election shall be held in all respects as if there were only one election and one form of ballot, namely the ballot used at such general election shall be used. The precincts, polling places and officers of election for the General Municipal Election hereby called shall be the same as those provided for said Statewide General Election and as set forth in Section 10410 of the Election_ s Code of the State of California. SECTION 2. The Board of Supervisors is requested to certify the results of the canvass of the returns of the General Municipal Election to the Council of the City of San Luis Obispo, which. shall thereupon declare the results thereof. SECTION 3. The Board of Supervisors is hereby requested to issue instructions to the County Clerk and Registrar of Voters to take any and all steps necessary for the holding of said General Municipal Election. The City will pay its pro rata. share of extra costs incurred by the County in consolidating the elections pursuant to Section 51350 of the Government Code. SECTION 4. The City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San Luis Obispo. SECTION 5. The City Clerk shall certify to the passage and adopt of this resolution. On motion of Vice Mayor williams seconded by Council Member Roalman and on the following roll call vote: AM: Council Members Roalman, Romero, Smith, Williams, Mayor Settle NOES: None ABSENT: None R8566 8566 Resolution No. (1996 Series) Page Two The foregoing resolution was passed and adopted this 16th day of July, 1996. Allen K. Settle, M yor WIMIit APPROVED AS TO FORM: G� �.- �r�,���L . _, .� , �: �, /,;,� � � J RESOLUTION NO. 8565 (1996 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 1996 BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Section 302 of the City Charter, a General Municipal Election shall be held Tuesday, November 5, 1996, to fill the following elective offices: ' (a) Mayor - two (2) year term (b) Two (2) Councilmembers - four (4) year terms each and to vote on any other measure placed on the ballot by the Council. SECTION 2. For purposes of this election the polls shall be open from 7:00 a.m. to 8:00 p.m. SECTION 3. Pursuant to Election Code Section 10220 and Municipal Code. Section 2.40.080(A)(6), each candidate may submit with the nomination papers a Statement of Qualifications of the candidate of no more than 400 words, which statement will be printed and mailed out with the sample ballot at no cost to the candidate.. SECTION 4. Pursuant to Sections 9220 and 9285 of Elections Code of the State of California, the City Council, by majority vote, may adopt provisions for the filing of rebuttal arguments for city measures submitted at municipal elections. When the clerk has selected the arguments for and against the measures which will be printed and distributed to the voters, the clerk shall send copies of the argument in favor of a measure to the authors of the argument against, and copies of the argument against to the author of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. On motion ofVice. Mayor Will-ia4%econded by Council Member Roa_lman , and on the following roll call vote: AYES: Council Members Roalman, Romero, Smith, Williams, Mayor Settle NOES: None ABSENT: None the foregoing resolution was passed and adopted this 16th day of July, 1996. R8565 Resolution No. (1996 Series) 8565 Page Two :► e L Gav&,tity Werk APPROVED AS TO FORM: l� / �,�_ � G� ��U � ,. i �� � •S 0 0