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HomeMy WebLinkAbout8355-8364Y RESOLUTION N08364(1994 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION TO DENY USE PERMIT A 106-94 TO ALLOW A SIDE YARD SETBACK REDUCTION FROM 5 FEET TO 0 FEET FOR A SHADE CLOTH STRUCTURE AT 1176 BUCHON STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findin s. That this Council, after consideration of public testimony, the appellant's request and statements, and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The structure as proposed will not comply with Section 504 (b) and Table 5 -A of the Uniform Building Code which require that the exterior wall of the structure be of one- hour fire resistive construction, with no openings. 2. The side yard exception is inconsistent with two of the stated purposes of yards (SLO Municipal Code Section 17.16.020 A.1.) which are to "provide separation between combustible materials in neighboring buildings" and "to help determine the pattern of building masses and open areas within neighborhoods ". SECTION 2. Denial. The request to appeal the Planning Commission's denial of Use Permit A 106 -94 to allow a 0 -foot setback for a shade cloth structure is hereby denied. On motion of Council Member Roalman and on the following roll call vote: seconded by Vice Mayor Settle AYES: Council Member Roalman, Vice Mayor Settle, Council Members Rappa,Romero and Mayor Pinard NOES: None ABSENT: None R -8364 City Council Resolution No. 8364 (1994 Series) Page 2 the foregoing resolution was passed and adopted this 18 day of October , 1994. 6� Rx��- Mayor Pe Pinard ATTEST: Ci erk Dia e R, dwell APPROVED: W, //i ��;� . .. LAtU \106- 94.DNY I �} �: ` Gil ' RESOLUTION NO. 8363 (1994 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION, THEREBY APPROVING THE ADDITION OFF APARTMENTS . TO A LOT CONTAINING TWO DWELLINGS, AT THE NORTH END OF RACHEL STREET (ARC 18 -94) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony,; the applicant's request for approval of four apartments (ARC 18 -94), the appellants' statements, the Architectural Review Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The proposed project will not adversely affect the health, safety and welfare of persons living or working at the site or in the vicinity. 2. An initial study of environmental impacts was prepared by the Community Development Department on September 12, 1990, that describes significant environmental impacts associated with project development. The Community Development Director.has reviewed the environmental initial study and granted a Negative Declaration of environmental impact, with mitigation. The initial study concludes that the project will not have a significant adverse impact on the environment, subject to the mitigation measure being incorporated into the project, and the City Council hereby adopts the Negative Declaration and finds that it reflects the independent judgement of the City Council. 3. The design and scale of the project, as revised, are compatible with other buildings in the neighborhood. SECTION 2. A�oeal denied. The appeal of the Architectural Review Commission's action is hereby denied, and the project as revised for the October 18, 1994 hearing and as shown on Exhibit A, attached, is hereby approved with the following Condition: 1.. The driveway width shall be reduced to twelve feet. On motion of Vice Mayor Settle , seconded by Council Member Rappa , and on the following roll call vote: R -8363 � n Resolution No. 8363 (1994 Series) ARC 18-94: 2006 Rachel Street Page 2 AYES: Vice Mayor Settle, Council Members Rappa, Roalman, Romero and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th day of _October , 1994. Mayor Peg Pinard ATTEST: Ci Clerk Diane R. ladwell Y APPROVED: . -Z -zt q ,qq 1113 0 -1 cl 10) . 44 L c- !LZ Vi=i r- L----------- . -Z -zt q ,qq 1113 0 -1 cl . 44 L c- !LZ Vi=i r- I, i `` ^ .. O � \J g �� �. �.: �� � m r A 0 Z W 0 c m m D 0 Z i rS rn I ,D; z D L c y fR -t R C _G Z _LA 3 A m c LIJ m p W O m r A 0 Z W 0 c m m D 0 Z i //. r f� l'�n' 1� \l RESOLUTION NO. 8362 (1994 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL ENDORSING THE PASSAGE OF PROPOSITION 185: CALIFORNIA CLEAN AIR, JOBS and TRANSPORTATION EFFICIENCY ACT (Caltea) BY THE ELECTORATE ON NOVEMBER 4, 1994 WHEREAS, the Planning and Conservation League has sponsored Proposition 185 (Caltea) to be considered by California voters on November 4, 1994; and WHEREAS, Proposition 185 will provide additional funding for a wide array of beneficial transportation projects and programs and protects existing. State transportation funding from being diverted to other uses; and WHEREAS, the City of San Luis Obispo has long supported transportation programs that reduce its citizen's dependance on private vehicles and foster the use of alternative forms of transportation; and WHEREAS, the City is in the process of adopting a new General Plan Circulation Element that identifies the types of programs specifically targeted for funding by Proposition 185; and WHEREAS, passage of Proposition 185 will assist the City in meeting its transportation goals and implementing its Circulation Element by providing needed fiscal support. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo endorses the passage of Proposition 185: California Clean Air, Jobs and Transportation Efficiency Act (Caltea) by the California electorate on November 4, 1994. Upon motion of . Vice Mayor Settle-, seconded by, Council Member Romero on the following roll call vote: and AYES: Vice Mayor Settle, Council Members Romero, Rappa, Roalman, and Mayor NOES: None Pinard ABSENT: None the foregoing resolution was adopted this 18th day of October, 1994. Mayor P Pinard ATTEST:. / i G " \wp51 \prop185 APPROVED: R -8362 J°' CIA RESOLUTION NO.8361 (1994 Series) A RESOLUTION BY THE SAN LUIS OBISPO CITY COUNCIL REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION APPROVE SLO COUNTY ANNEXATION # 40 AT 154 SUBURBAN ROAD (City File No: R/ANNX 54 -93) WHEREAS, the Planning Commission and City Council have held hearings on the proposed annexation; and WHEREAS, the potential environmental impacts of annexation have been evaluated in accordance with the California Environmental Quality Act (CEQA) and the City Environmental Guidelines; and WHEREAS, on recommendation of the Planning Commission and as a result of its deliberations, the Council is proceeding with prezoning of the annexation property; as required by the Local Agency Formation Commission (LAFCo); and WHEREAS, the proposed annexation is compatible with the City's General Plan; BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: Findings. 1. Annexation is appropriate since the site is contiguous to the City on its north and west sides. 2. Annexation of the site is a logical addition to the City due to its location and availability of services. SECTION 2: Annexation Area Described. The TK Annexation shall consist of that area, covering approximately 22 acres along South Higuera Street between Tank Farm Road and Suburban Road, assigned an Assessor's Parcel Number of 76- 352 -054, as shown in the vicinity map attached as Exhibit C and described in metes and bounds in attached Exhibit D. SECTION 3: Council Recommendation: The City Council hereby recommends that LAFCo approve the annexation subject to compliance with City requirements regarding environmental mitigation as described in the project's negative declaration, and attached in summary as Exhibit B. R -8361 C �J SECTION 4: Implementation. The City Clerk shall forward a copy of this resolution, prezoning actions, the negative declaration of environmental impact, and all pertinent supporting documents to LAFCo. On motion of Rappa , seconded by Roalman , and on the following roll call vote: Ayes: Council Members Rappa, Roalman, Romero, Vice Mayor Settle and Mayor Pinard Noes: None Absent: None the foregoing resolution was passed and adopted this 4th day of October , 1994. r/1.I5 C' Clerk Diane R. Gladwell 0";O City Attorney Mayor peg Pinard r EXHIBIT B O V. SUMMARY OF RECOMMENDED MITIGATION MEASURES TK ANNEXATION R/ANNX 54 -93 September, 1994 Land Use Element Consistency ■ If specialty retail stores are deemed desirable to serve nearby residential neighborhoods, a cap on the amount of square footage allocated to specialty retail uses should be established as part of a Special Consideration (S) or Mixed -Use (MU) overlay zoning to avoid conflict with City policies which favor concentrating specialty retail stores in the downtown and in the shopping centers on Madonna Road, in conjunction with development plan review. Airport Compatibility ■ Future site development must incorporate design measures that will limit the interior noise level of all residential units to 45 dba, in accordance with FAA standards, to the satisfaction of the Chief Building Official. ■ The use of materials - especially in the roof - shall be nonreflective to reduce glare. The use of mirrored or reflective glass shall be prohibited. ■ Prior to further subdivision or site development, developers of property within the project site must record an avigation easement to the satisfaction of the Airport Area Land Use Commission. ■ Any master list of allowed uses established for the project site must be consistent with the Airport Area Land Use Plan or its successor. (Completion of a draft specific plan for the airport area is scheduled for mid - 1994.) Agricultural Compatibility ■ At the time of sale or lease, the applicant should disclose to prospective buyers and tenants the consequences of existing and potential intensive agricultural operations on nearby parcels including but not limited to dust, noise, odors, agricultural chemicals, and the County's Right to Farm Ordinance. A copy of such disclosure should be submitted to the Community Development Director for review, approval, and recordation prior to any further subdivision or site development. Traffic and Circulation ■ To offset a potentially significant reduction in the level of service for nearby roads and intersections, to minimize hazards for pedestrians, and to provide for a logical circulation system, future site development and subdivision projects should incorporate: TK Annexation Mitigation ER 54 -93 Page 2 * Road widening along South Higuera Street and Tank Farm Road. * Signal installation at the intersection of Suburban Road and South Higuera Street. * Synchronization of signals along South Higuera Street. * Bus turn-out northbound on South Higuera Street and eastbound along Tank Farm Road. * Right turn lane from South Higuera Street onto Tank Farm Road. * Contributions to the cost of off -site improvements necessitated by cumulative traffic impacts. * Crosswalk striping, islands, and signs for pedestrian safety. * Elimination of direct access from South Higuera Street, or provision of an alternative driveway location acceptable to the City Engineer. * Aligning the northern end of the internal street with Long Street across Tank Farm Road, or installing road improvements to the satisfaction of the City Engineer, consistent with the master circulation plan approved by the County. Public Services ■ When traffic signals are installed or relocated, emergency preemption devices shall be required to expedite emergency access. Utilities ■ Future site development or subdivision should include a 30' x 30' easement at the southeasterly corner of South Higuera Street and Tank Farm Road to accommodate .a future sewer lift station. Air Quality ■ Future site development should include measures to minimize negative impacts to air quality, such as: * Extensive tree planting in the parking areas to reduce evaporative emissions from automobiles. C O TK Annexation Mitigation ER 54 -93 Page 3 * A carpool/ri deshare/public-tran sit information bulletin board installed in a visually prominent and easily accessible location. * Weatherproof and lockable bicycle storage, as well as short-term bicycle parking racks. * A plan for dust control during construction. * Bicycle parking and shower and locker facilities for employee use. * "Clean- fueled" or electric shuttle service to link the neighborhood - serving aspect of the project to nearby residential development. * Bus turnouts along South Higuera Street and Tank Farm Road. * Shared -use parking reduction. * Designated carpool parking. * On -site food facilities to encourage employees to stay on site during the lunch hour. Plant Life ■ All Monterey cypress trees to remain shall be protected during any future construction to the satisfaction of the City Arborist. ■ The subdivider shall dedicate street right -of -way along South Higuera of sufficient width to accommodate street widening and a sidewalk located so as to avoid unnecessary tree removal to the satisfaction of the City Engineer. Archaeological Resources . ■ If any archaeological resources are found during site preparation, all earth -work within 150 feet of object(s) shall cease until the resources have been evaluated by a qualified archaeologist. Any additional mitigation measures recommended by the archaeologist shall be evaluated by the Community Development Director, and upon Director approval, implemented by the applicant. Energy /Resource Use ■ To encourage efficient use of energy and natural resources, newly created lots which are less than one acre in size should be oriented so that their longest side is within 30 degrees of south, or building envelopes shall be established to optimize solar exposure TK Annexation Mitigation ER 54 -93 Page 4 for natural daylighting. ■ To protect solar exposure for likely locations of future collectors, any trees planted along the southern side of proposed buildings should be deciduous. ■ Future construction projects shall include a solid waste recycling plan for recycling discarded materials, such as concrete, sheetrock, wood, and metals, from the construction site. The plan must be submitted for approval by the City's Solid Waste Coordinator or the Community Development Director, prior to building permit issuance. ■ Future site development should incorporate: * Skylights to maximize natural daylighting. * Operable windows to maximize natural ventilation. * Energy - efficient lighting systems for both interior and exterior use. * Facilities for interior and exterior on -site recycling. Soil Contamination ■ No buildings, septic systems, or other structures shall be constructed above the approximate area of contamination. ■ Wells for domestic or non - potable use shall not be located near known areas of soil contamination. Well location and use shall be subject to approval of the City Council. C) z o rn_C vecti.11 t•�. �- e �Q1 11 1 Y Y ii FY(( ti i� u o n Y ' �7 p i Y�0 0 _ $ g F `� `•,,faµ•'`` `� n � Y - K y EXHIBIT C r i • c � J 0 o Being a portion of Lots 1, 2, and 3 of the subdivision of Lots 24, 26, 31, the North half of Lots 18, 23, 27, 30, and the South portion of Lot 17 of the Harford and Chapman Subdivision, in Township 31 South, Range 12 East, P:ount Diablo Base and Meridian (now lying within the Vachell Tract), in the County of San Luis Obispo, State of California, according to map thereof - filed February 6, 1893 in Book 1, Page 4 of Record of Surveys, being more particularly described as follows: Commencing at the northeast corner of said Lot 3; Thence along the east line of said Lot 3 South 2.0.00 feet to the TRUE POINT OF BEGINNING; Thence continuing along said line South 972.06 feet to the North right -of -way line of Suburban Road (having a fifty foot right -of -way width); Thence along said line West 1226.49 feet to the southeasterly right -of -way line of South Higuera Street (having a sixty -six foot right -of -way width); Thence along said line North 26915' East 1087.71 feet to the South right -of -way line of Tank Farm Road (having a.forty foot right -of -way widty); Thence along said line South 89 045' East 739.14 feet to the TRUE POINT OF BEGINNING. Contains 22.05 acres. LANp' ALM J • L. VOLBRECHT L.S 5201 J Oiraiii t 1.5..5201 (exp. 6 -30- EXHIBIT CC c o RESOLUTION NO. 8360 (1994 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING THE SOUTH TASSAJARA STREET AREA OF THE CITY AS A RESIDENTIAL PARKING PERMIT AREA AND ESTABLISHING DAYS AND HOURS OF OPERATIONS OF SAID AREA AND TIME OF RENEWAL FOR A PARKING PERMIT WHEREAS, the Council of the City of San Luis Obispo has received a petition from a majority of the residents living on 100 South Tassajara Street as shown on Attachment 1 and, WHEREAS, the Council of the City of San Luis Obispo has determined that the quality of life for the residents of this area has been adversely affected by nonresidents using the neighborhood street for excessive parking and, WHEREAS, the Council of the City of San Luis Obispo has determined that the restriction of nonresident parked vehicles on the neighborhood street will improve pedestrian and vehicular safety and allow residents to gain proper access to their residences and, WHEREAS, the Council of the City of San Luis Obispo has held a public hearing to consider the establishment of a parking permit district and -has determined the parking permit district will improve the qualify of life for the district residents. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Section 10.36.170 et seq. of the San Luis Obispo Municipal Code the residential parking permit area is hereby established as shown on Attachment 1. SECTION 2. No vehicle other than vehicles providing services to the area or having a permit clearly displayed on the dashboard on the drivers side of the vehicle may park on any street within the district boundaries 24 hours a day, 7 days a week. SECTION 3. The Public Works Department shall be directed to post the area with signs that clearly indicate these restrictions. SECTION 4. The Parking Division shall issue residential parking permits on demand as permitted in Section 10.36.220 of the Municipal Code. Permits shall be issued for a year effective September 15. R -8360 O O Resolution No. 8360 Page two Council Member On Motion of Vice Mayor Settle ,secondedby Roalman P and on the following roll call vote: AYES: Vice Mayor Settle, Council Members Roalman, Rappa, Romero and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was passed and adopted this 4tb day of October , 1994 Mayor P&Ig Pinard ATTEST: i Clerk iane R. ladwell APPROVED AS TO FORM: `�� (n L� r*m z VERDE WAY v — r � m c z D N (71 v 1'1 A N r SO. TASSAJARA DRIVE Elg m o RAFAEL WAY OR O" m m m F o E z ormro.g D o v &A z cS ao� v m N rtj ��r O 5. C z ATTACHMENT 1 1 l N A OO O ..pp �D N O N 1 l ���`� � Q ��� ��� �,� .�� -- �- ,. -r.�q.. _ -, ... rF C ; RECEIVED Cal 181994 Memorandum AQM ►hi:;,h„:wN /V " I195-1g1QPn CA October 14, 1994 To: John Dunn, City Administrative Officet� Via: Mike McCluskey, Public Works Direcwwrqll'�. From_: Keith Opalewski, Parking Manager Subject: Tassajara Residential Parking Permit District At the October 4th City Council meeting, a public hearing was held regarding the establishment of a preferential parking district on the 100 block of South Tassajara Street. During the public .comment portion of the hearing, the property owner at 140 Tassajara (currently a vacant lot) expressed interest in becoming part of the proposed parking district. The property owner, also indicated that the property at 131 Serrano Heights also may be interested in becoming part of the district as well. The resident at 131 Serrano Heights was not present at the meeting, nor did she make any formal request to become part of the district. Therefore, in order to ascertain if the resident at 131 Serrano Heights really wanted to be part of the district, we have attempted to contact her directly via a letter, home visit, and finally a phone conversation.. According to the resident, Ms. Sharon Wamton, she does not want to be part of the Tassajara parking district because she is not having a parking problem on her particular street and she does not desire to park on 100 South Tassajara Street. As a result of this information, we have modified the district boundaries to inclu&the original residences that signed the petition along with 140 Tassajara Street. The attached resolution and district map now reflects the current wishes of all concerned parties in.the newly established parking permit district. attachment RESOLUTION NO. 8359(1994 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING THE GREATER ALTA VISTA AREA OF THE CITY AS A RESIDENTIAL PARKING PERMIT AREA AND ESTABLISHING DAYS AND HOURS OF OPERATIONS OF SAID AREA AND TIME OF RENEWAL FOR A PARKING PERMIT AND RESCINDING RESOLUTION NO. 8314 WHEREAS, the Council of the City of San Luis Obispo has received a petition from a majority of the residents living within the Greater Alta Vista neighborhood as shown on Attachment 1 and, WHEREAS, the Council of the City of San Luis Obispo has determined that the quality of life for the residents of this area has been adversely affected by nonresidents using the neighborhood streets for excessive parking and, WHEREAS, the Council of the City of San Luis Obispo has determined that the restriction of nonresident parked vehicles on the neighborhood streets will improve pedestrian and vehicular safety and allow residents to gain proper access to their residences and, WHEREAS, the Council of the City of San Luis Obispo has held a public hearing to consider the changes to the parking district and permit distribution and has determined the changes will improve the qualify of life for the district residents. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 8314 (1994 Series) is hereby rescinded. SECTION 2. Pursuant to Section 10.36.170 et seq. of the San Luis Obispo Municipal Code the residential parking permit area is hereby established as shown on Attachment 1. SECTION 3. No vehicle other than vehicles providing services to the area or having a permit clearly displayed on the dashboard on the drivers side of the vehicle may park on any street within the hashed area from 2am to lOpm, Monday through Friday, and the remaining district boundaries shall restrict parking from 2am to 5pm, Monday through Friday except for holidays honored by the City of San Luis Obispo. SECTION 4. The Public Works Department shall be directed to post the area with signs that clearly indicate these restrictions. SECTION 5. The Parking Division shall issue residential parking permits on demand as permitted in Section 10.36.220 of the Municipal Code. Permits shall be issued for a year effective September 15. R -8359 0 Resolution No. 8359 Page two On Motion of Council Member Roalman ,secondedby Council Member Romero and on the following roll call vote: AYES: Council Members Roalman, Romero and Vice Mayor Settle NOES: Council Member Rappa. and Mayor Pinard ABSENT: None the foregoing resolution was passed and adopted this 4th ,day of October , 1994 ATTEST: ierk Diane Gladwell APPROVED AS TO FORM: /.r �'''r� . v 1x71 < m 1677 toot not 1739 411 7911 Yei I 76917+1 1 715 p127 lli4l 1 781 .271 In 11Go � � 30° � wy l .100 � 1e6 101 369 1 s10 Is76 - la90 345 377 375 791 ,;IU)4n f 296 G 1760 C C 1790 I \ 6 � o et[ I sm 367 - Got 6 _ — 15:1 NYI. AA3IAONO -1 r h7o12m 106 2ae 1661 tees 306 1u_ 21J 169] 1700 1710 1760 395 353 377 311 f 296 G 1760 C C 1790 I \ 6 � o et[ I sm sit Got 6 _ — NYI. 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ATTACHMENT 1 \b ,(l K � � icA of RESOLUTION NO. 8358 (1994 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD AMENDING RESOLUTION NO. 8303 RELATING TO THE ISSUANCE AND SALE OF REFUNDING BONDS FOR THE PURPOSE OF REFINANCING 1986 LEASE REVENUE BONDS WHEREAS, the City of San Luis Obispo Capital Improvement Board (the "Board ") has previously adopted its Resolution No. 8303 on June 7, 1994, (the "Bond Resolution ") authorizing the issuance and sale of its 1994 Refunding Lease Revenue Bonds in the principal amount of not to exceed $12,750,000 (the "Bonds ") for the purpose of refunding its outstanding $13,970,000 aggregate principal amount of Lease Revenue Bonds (Capital Improvement Projects) , Series 1986, and approving related matters; and WHEREAS, Section 3 of the Bond Resolution provides that the authorization to sell the Bonds thereunder expired on October 1, 1994; and WHEREAS, due to unforeseen circumstances in the municipal bond market, the Bonds were not sold pursuant to the Bond Resolution prior to October 1, 1994, and the Board wishes at this time to amend the Bond Resolution to extend such deadline; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of San Luis Obispo Capital Improvement Board as follows: SECTION 1. Amendment of Bond Resolution. Section 3 of the Bond Resolution is hereby amended by deleting the date "October 1, 1994" and inserting in its place the date December 31, 1994." In all other respects, the terms and provisions of the Bond Resolution shall remain in full force and effect. R -8358 r Resolution No. 8358 (1994 Series) Page Two Section 2. Effective Date. This Resolution shall take effect immediately upon its passage and adoption. On motion of =Board Member Romero , seconded by Board Member Roalman , and on the following roll call vote: AYES: Board Members Romero, Roalman, Rappa, Vice President Settle, and NOES: None President Pinard ABSENT: None the foregoing Resolution was adopted this 4th day of October , M93oxW President es Pinard ATTEST: "'�Petary Diane Gladwell APPROVED AS TO FORM: Board Attorney �IlVj) O-V pc Resolution No. 8357 (1994 Series; A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING THE LIST OF CITY EMPLOYEES AND COMMISSION MEMBERS REQUIRED TO FILE A CONFLICT OF INTEREST STATEMENT AND RESCINDING RESOLUTION NO. 8020 (1992 SERIES) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Designated city employees and commission members listed on the attached Exhibit "A" shall be required to file a Conflict of Interest Statement (Form 730) with the City Clerk. SECTION 2. The terms of 2 California Code of Regulations, §18730, are hereby incorporated by reference and, along with the attached Exhibit "A", constitute the conflict of interest code of the City of San Luis Obispo. SECTION 3. Resolution No. 8020 is rescinded upon adoption of this resolution. On motion of Council Member Rappa seconded by Council Member Romero and on the following roll call voter AYES: Council Members Rappa, Romero, Roalman, Vice Mayor Settle and Mayor Pinard NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of October , 1994. ••� VP ATTEST: PER0 151-15 1; � �wj =� v j 1, �- Approved: COY, A" b ett*vw4i�o City Atto ey R -8357 DEPARTMENT POSITION TITLE EXHIBIT W Administrative Office: Assistant City Administrative Officer Assistant to the City Administrative Officer Executive Secretary City Attorney: Assistant City Attorney City Clerk's Office: City Clerk Assistant City Clerk Community Development Dept.: Community Development Director Current Planning Manager Long Range Planning Manager Associate Planner(s) Chief Building Official Building Inspector(s) Administrative Analyst Building Permit Coordinator Zoning Investigations Coordinator Finance Department: Revenue Manager Accounting Manager Accounting Supervisor Customer Services Supervisor Information Systems Coordinator Fire. Department: Fire Chief Battalion Chief(s) Battalion Chief (Fire Marshall) Fire Protection Specialist Fire Plan Check Inspector Fire Inspector Personnel Department: } 4 Personnel Director Personnel Analyst(s) Executive Secretary Police Department: Chief of Police Police Captain(s) Police Lieutenant(s) Support Services Manager Public Works Department: Director of Public Works Administrative Analyst Street Manager Streets Supervisor Parking Manager Parks Supervisor (s) Public Works Inspector City Engineer Field Engineering Assistant Supervising Civil Engineer Engineering Assistant (s) Engineering Technician (s) Supervising Mechanic Arborist Building Maintenance Supervisor Transit Manager Principal Transportation Planner Recreation Department: Director of Recreation Principal Recreation Supervisor Recreation Supervisor Golf Course Supervisor Utilities Department: Utilities Director Administrative Analyst Utilities Engineer Water Supply Supervisor (Whale Rock) Water Maintenance Supervisor Wastewater Treatment Plant Supervisor Industrial Waste Coordinator Water Division Manager Wastewater Division Manager Water Dis«vution Supervisor Y ' Wastewater Collection Supervisor Water Conservation Coordinator Reclamation Coordinator (Contract) Solid Waste Coordinator (Contract)` Committees /Commissions: Architectural Review Commissioners Housing Authority Commissioners Housing Authority Executive Director BIA Administrator NOTE: Temporary positions may be required to file a Conflict of Interest Statement upon determination by the City Attorney that the temporary position is the function equivalent of a designated position. Consultants should be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Administrative Officer may determine (upon written application by the consultant) that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrative Officer's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. If a consultant believes he or she is exempt from disclosure requirements of law, prior to the application to the City Administrative Officer, the consultant shall obtain opinion to that effect from an admitted attorney to practice in the State of California which opinion shall contain the information specified in the paragraph above. City Councilmembers, Planning Commissioners, City Administrative Officer, City Attorney and City Finance Director are required to file Form 721 with the Secretary of State and are, therefore, not shown as designated positions by the City. i � ��� _��� � �t�b U� �� � ,���� �� Recording requested by and when recorded mail to: City Clerk City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403 -8100 RESOLUTION NO. 8356 (1994 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT MILL STREET, BETWEEN NIPOMO STREET AND BROAD STREET, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PIIBLIC STREET PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF PIIBLIC UTILITY EASEMENTS AND OTHER CONDITIONS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on October 6, 1992, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that Mill Street, between Nipomo Street and Broad Street, as described and shown on the map marked Exhibit "A ", attached hereto and incorporated herein, is not necessary for present or future public street purposes. SECTION 2. This Council hereby orders the abandonment of said right -of -way subject to: A. Reservation of an easement for public utilities over the entire 60 ft. wide right of way. B. Reservation of easements for public sanitary sewer and water mains and appurtenances thereto, drainage, emergency access and public pedestrian and bicycle purposes, over the abandoned right of way, as shown on the attached Exhibit "A ". R -8356 M Resolution No. 8356 (1994 Series) Page Two. C C. Recordation of a 20 ft. wide common driveway easement agreement which provides for common driveway access in perpetuity to parcels formerly served by the right of way, to the satisfaction of the Community Development Director. D. Installation of standard frontage improvements (curb, gutter, sidewalk and driveway ramp) along with necessary drainage facilities along the Broad Street frontage, to the satisfaction of the City Engineer. E. Installation of public drainage, pedestrian and bikeway improvements to the satisfaction of the Public Works and Community Development Directors. F. Recordation of lot line adjustment, via a Certificate of Compliance, which combines all lots of record, to the satisfaction of the Community Development Director. G. Items C. through F. must be met by April 6, 1995 or this resolution will expire and will be null and void. The easement reservations may be modified by the City Engineer (upon a determination by the City Engineer that the full easement reservation is not needed for various public easements and public access) prior to recordation of this resolution, subject to approval of plans and installation of such improvements that would allow for such modifications. SECTION 3. Upon notification by the City Engineer that the conditions prescribed in Section 2 have been met, the City Clerk C C Resolution No. 8356 (1994 Series) Page Three shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City, to be recorded in the Office of the Recorder of the County of San Luis Obispo. SECTION 4. This resolution supercedes Resolution No. 8216 (1993 Series). On motion of Rappa seconded by Romero and on the following roll call vote, AYES: Council Members Rappa, Romero, Roalman, Vice Mayor Settle and Mayor Pinard NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of October , 1994. MAYOR Pef Pinard ATTEST: A�np IM CLE Dime R. Gladwell APPROVED AS TO FORM: C- B- C(hleru .f,0j City Attorney G: ... \Mist \MilAbXT2.wp Aw S .'�' • � .. .DSO VA' CRP /h'cst S %j� egcr:' -e -z Z; 5T G 7' ILL _ 5% � L 60 0. i ask 3� 13.Z /< : • 34 . 6p :. Legal Description of Mill Street AbandonmenE o That certain portion of Mill Street right of way, 60 feet wide, between the prolongation of the westerly line of,Broad Street and a line described as follows: Beginning at the northwesterly corner of Block 36 of the Town of San Luis ` - Obispo as recorded in Bk. A of Maps at Page 168, recorded on May It 1878 ins the office of the San Luis Obispo Counmty Recorder; thence, northerly to the most southerly corner of Tract 522, as recorded in Book 8 of Maps at Page 600 in the office of the San Luis Obispo County Recorder. Subject to reservation of the following easements: 1. The entire R/W for public utilities, sewer, water and drainage. 2. The NW'ly half of R/W for public pedestrian, bikeway and emergency access purposes. 3. The NE'ly 195 ft. of the SE'ly 20 ft. of the NW'ly half of R/W for common driveway purposes for Tract No. 522. -- Cl ty O� Ex,�ia� r �:� • A. san tujs oBtspo IWILL ST 1541MMY91� Ta NiPo� ✓,n 5T � �, l/� v,C�L�ny ���� ((����� C� l������yv \\� D\ ��� i 4• : . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of San Luis Obispo A Community Development Dept. `�' \1i_y" 990 Palm Street, San Luis Obispo, CA MAIL TAX STATEMENTS TO: For the Diocese of Monterey: P. 0. Box 2048 Monterey, CA 93942 Documentary Transfer Tax Computered on the conside on MAY 2 2_ 1y995_ as Ni 1995 -02.1 Has not been compared with original. JULIE L. RODE.IVALD, COUtJTYCLERK= RECORDER on value of the property conveyed AGREEMENT RELATING TO LOT LINE ADJUSTMENT, QUITCLAIM DEED AND ACCEPTANCE THEREOF AND PLACEMENT OF PUBLIC PEDESTRIAN PATH AND LIABILITY FOR SAME APN 02- 301703, 02- 305 -22 & 02- 411 -01 This Agreement is made and. entered into as of this L 7 day of N oiembeR , 1994, by and between MISSION GARDENS HOMEOWNERS' ASSOCIATION, a California nonprofit mutual benefit corporation and its MEMBERS (the "Association"), and the ROMAN CATHOLIC BISHOP OF MONTEREY, CALIFORNIA, a corporation sole and the DIOCESE OF MONTEREY EDUCATION AND WELFARE CORPORATION which owns the real property commonly known as MISSION COLLEGE PREPARATORY SCHOOL AND OLD MISSION SCHOOL (the "School "), with reference to the following facts: RECITALS A. The City of San Luis Obispo (the "City") has adopted. Resolution No. 8356 (the "Resolution "), which found and determined that Mill. Street, between Nipomo Street and Broad Street, is unnecessary for present or prospective public street purposes, and which ordered its abandonment, subject to the conditions set forth in the Resolution, a full and complete copy of which is attached as Exhibit "A"; B. Pursuant to the Resolution, the School will construct certain improvements, which will include a pedestrian and bike path (the "Path," as depicted on attached Exhibit "B"), maintain the easement for the Path (the "Easement "), and indemnify and hold harmless the Association and its members in connection with the Path and the Easement; C. In connection with the Mill Street abandonment, there w11 be a lot line adjustment over the abandoned property which will affect both the Association's property and the School's property, as particularly depicted on attached Exhibit "C"; and D. The parties desire to enter into an Agreement to provide for a lot line adjustment and maintenance and indemnity with respect to a portion of the abandoned property. NOW, THEREFORE, for and in consideration of the covenants and promises contained herein, the parties agree as follows: fAwt \rVomammpath.agc 1.. , �3 r PAGE 143S� AGREEMENT 1. Lot Line Adjustment. The parties agree to mutually establish the lot line between the Association property and the School property as is shown on Exhibit "C" as "Proposed Lot Line ". Upon abandonment of Mill Street between Nipomo Street and Broad Street by the -City of San Luis Obispo, Association shall be the owners of the property .described in Exhibit "D" and School shall be the owner of the property described in Exhibit "E ". By this -Agreement, Association quitclaims and remises any interest it may have in the property described in . Exhibit "E" to School, and School quitclaims and remises any interest it may have in the property described in Exhibit "D" to Association. 2. Cost and Placement.of Pedestrian and Bike Path. The School and the Association hereby agree that the cost of constructing the Path shall be borne solely by the School. The Placement of the Path shall be as generally depicted on attached Exhibit "B ". 3. Maintenance and Repair. The School at the School's sole cost and expense shall maintain the Path in good condition and repair, including but not limited to any portion of the Path which lies within the boundaries of the property owned by the Association. The standard of maintenance shall be at least as good as that provided to the adjoining property owned by the School. 4. School Indemnifies Association and Its Members.. The School shall indemnify, defend and hold the Association and its members harmless from and against all claims, loss or damages arising from or related to use of the Path and the Easement therefore. In connection with such indemnification for the benefit of the Association and its members, the School shall maintain general liability insurance in a commercially reasonable amount insuring against liability of the Association and its members arising out of and.in connection with use of the Path and the Easement. 5. Construction of Fence. The School shall construct a six -foot cyclone fence running generally parallel to the Path and separating the Path from the Association's property, including any appropriate landscaping, at the sole expense of the School. The fence shall tie into the end of the building at the eastern end of the path where it meets the sidewalk and shall provide a gate for utility trucks at the western side of Association's property. 6. Further Documents. Both parties agree to do such further acts and execute such further documents as are necessary to carry out the intent of this Agreement. If requested by School, Association shall use its best efforts to obtain the signatures of all of its members to one or more quitclaim deeds (and partial reconveyances from their lenders) relinquishing any interest in the property described in Exhibit "E" 7. General Provisions. This Agreement is the entire agreement of the parties with respect to the subject matter hereof, and all prior negotiations,, representations or agreements between the parties with respect to the subject matter hereof are merged into this Agreement. This Agreement may be amended only by a written agreement signed by the parties. The invalidity, in whole or in part, of any provision of this Agreement shall not affect the validity or enforceability of any other of its provisions. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and f1rctWro"u"cMpath.ygt PAGE 2 assigns. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. "Association" MISSION GARDENS HOMEOWNERS' ASSOCIATION, a California nonprofit mutual benefit corporation • I � r Title: Secretary "School" ROMAN CATHOLIC BISHOP OF MONTEREY, CALIFORNIA, a corporation sole O By: CHARLES G. FATOOH Title: Moderator of the-Curia. CITY CERTIFICATE I hereby certify that there has been compliance with all conditions of the lot line adjustment referred to herein as approved by the Comm ty evelopment Department. MaY 9.199s _ Da e - City otgn Luis Obispo. fA=ArVo=rcMpath.agt PAGE.? Recording requested by and when recorded mail to: City Clerk City of San Luis Obispo P. 04 Box 8100 San Luis Obispo, CA 93403-8100 RESOLUTION NO. C. 8356 (1994 Series) EXHIBIT A CITY RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN.LUIS OBISPO FINDING - AND DETERMINING THAT HILL STREET,, BETWEEN NIPOMO STREET AND BROAD STREET,, IS UNNECESSARY FOR PRESENT OR. PROSPECTIVE PUBLIC STREET. PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION-OF PUBLIC UTILITY EASEMENTS AND OTHER CONDITIONS BE 11 A2sbtVED by the Council of the Cit y of San. Luis Obispo as follows: SECTION 1;, In accordance with the public hearing duly held on October 6, 1992, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that Mill Street, between Nipomo Street' and Broad Street, as described and shown on the map marked Exhibit "A", attached hereto And incorporated herein, is hot necessary for present or future public street purposes. SECTION 2. This Council hereby orders the abandonment of said right-of-way subject to: A. Reservation of an easement for public utilities over the entire 60 ft. wide right of way., B: Reservation. of easements for public sanitary sewer and water #a ins, and appur-tenahces thereto, drainage, emergency access and public pedestrian and bicycle purposes, over the abandoned right of way, as shown on the Attached Exhibit "A" R' -8350 Resolution No. 8356 (1994 Series) Page Two. C. Recordation of a 20 ft. wide common driveway easement agreement which provid.es for common driveway access ess in perpetuity to parcels formerly served by the right of way, to the satisfaction of the Community Development Director. D. installation of standard -frontage improvements (curb, gutter, sidewalk and driveway rape) along with necessary drainage facilities along the Broad Street frontage, 'to the satisfaction of the City Engineer. E. Installation of public drainage, pedestrian and bikeway improvements to the satisfaction. of the Public Works and Community Development Directors. F. Recordation of lot line adjustment, via a Certificate of Compl,iance, which combines all lots of record, to the satisfaction of the Community Development Director. Gi Items C. through F. must be -mdt by April 6, 1995 or this resolution will expire and will be null and void. The easement reservations maybe modified by the City Engineer (upon a determination by the, City Engineer that the full bas4dmeftt reservation is not needed.for various public easements and public access) prior to recordation of this resolution, subject to a -p pro al of plans and n: allat i on of such improvements that- would allow for such modifications.. SECTION 3. upon notification by the City Engineer that the conditions prescribed in Section 2 have been met, the City clerk M Resolution No. 8356 (1994 Series) Page Three shall cause a.certified copy of this Order- of Aband6nment, duly attested under the seal of the City; to be recorded.in the Office. of the.R6corder of the.County of San Luis Obispo., SECTION S. This resolution supersedes Resolution No. 8216 (1993 Series). on notion of R--vpa seconded by .,-Romero and on. the fdllowing roll call vote, AYES: Council Members Rappaj Romero, Rgalman, Vice Mayor Settle and Mayor Pinarld NOES: None ABSENT - None the foregoing Resolution was passed and adopted this 4th. day of October 1994. I MAYOR Pe�fPin L-kd — - w .ATTEST: CI 414' z� rt� CLERK R. 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RESOLUTION NO. 8355(1994 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL FORWARDING RECOMMENDATIONS FOR A NEW COMPOSITION FOR THE COUNTY AIR POLLUTION CONTROL DISTRICT BOARD AND NOMINATING A CITY COUNCIL REPRESENTATIVE TO THE BOARD WHEREAS, the California League of Cities sponsored legislation amending Section 40100 of the California Health and safety Code, Assembly Bill 75 (Hauser), which was signed into law on October 11, 1993; and WHEREAS, the amendments require that the governing board of the San Luis Obispo County Air Pollution Control District (APCD) consist of at least one City major of City Council member, and at least one County Supervisor effective July 1, 1994; and WHEREAS, the amendments require that the numbers and composition of the Air Pollution Control County Board shall be detennined jointly by the County and Cities within the district, and shall be approved by the County, and by a majority of the cities which contain a majority of the population in the incorporated areas of the district; and WHEREAS, on June 21, 1994, the San Luis Obispo County Board of Supervisors approved a composition for the Air Pollution Control Board of five Supervisors and from five to as many as seven Mayors or City Council members; and WHEREAS, on July 15, 1994, the City Selection Committee, representing each of the seven incorporated Cities in the District, approved a composition for the Air Pollution Control Board of five Supervisors, and seven Mayors or City Council members. NOT THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Air Pollution Control Board Composition: The City Council agrees that the San Luis Obispo County Air Pollution Control District Board shall hereafter consist of seven City Mayors and /or Council members, one each from each of the seven incorporated Cities in the District, and five County Supervisors. On motion of Council Member Rappa seconded by; Council Mbr..Romeroand on the following roll call vote: AYES: Council Members Rappa, Romero, Roalman, Vice Mayor Settle and Mayor Pinard NOES: None ABSENT: None the foregoing resolution as passed and adopted this _2,0_ day of Sept • , 1994. 0 Resolution No. 8355 (1994 Series) Page 2 NOW II Peg Pinard ATTEST: i M •, 6 r m APPROVED: G:\wp5l\APCD TS:ts a� 0 0