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HomeMy WebLinkAbout7012-70247021` RESOLUTION NO. (1991 Series) ESTABLISHING POLICY REGARDING THE USE OF RECLAIMED WATER WHEREAS, City policy is to pursue a water reclamation program to supplement the City's water supply, and WHEREAS, By offsetting the current non - potable water use with reclaimed water, the City would be able to avoid demands on the safe yield from its other water sources, and, WHEREAS, using reclaimed water to replace or augment that used from private wells for irrigation and /or other non - potable use would allow for a lower rate of withdrawal from the basin and more water available for potable use. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo that City policy regard.in -g reclaimed water use places emphasis on offsetting potable water demand for non - potable use and minimizing the amount of groundwater pumped for non - potable use. BE IT RESOLVED, in keeping with State water reclamation policy, each reclaimed water project should be a cost effective project when compared to developing a new potable water source. BE IT FURTHER RESOLVED, that the following is the City policy guideline for approving of reclaimed water projects. If demand for category I is met,• then reclaimed-water could be distributed to category II. CATEGORY I • EXISTING IRRIGATION /NON-POTABLE WATER USERS WITH CONNECTION TO CITY WATER SYSTEM. • EXISTING IRRIGATION /NON-POTABLE USE THAT IS WITHIN THE URBAN RESERVE LINE (URL) , WITH OR WITHOUT A CONNECTION TO THE CITY WATER SYSTEM WHICH EMPLOY A PRIVATE WELL TO SUPPLY OR AUGMENT THEIR NON - POTABLE WATER REQUIREMENTS • MAINTAINING CREEKFLOW FOR EXISTING INSTREAM USES AND INCIDENTAL GROUNDWATER RECHARGE. CATEGORY II • NEW IRRIGATION /NON-POTABLE. USERS WITHIN THE URL. • OUTSIDE. OF THE URL IRRIGATION /NON- POTABLE USERS THAT MAINTAIN OR ENHANCE AGRICULTURE OR OPEN SPACE. R -702' Resolution No. 7023 (1991 Series) Upon motion of rn,rnc; lc,oman Ragpa seconded by Councilman Reiss and on the following role call vote: AYES: Councilmembers Rappa, Reiss, Pinard, Roalman and Mayor Dunin NOES: None. ABSENT: None the foregoing resolution was adopted this 20th day of August 1991. YOR RON DUNIN ATTEST: V Pam V ges, City lerk APPROVED: City A inistrative Officer V� 11��'�, a �� � � /�l �� �� !✓� /I 1 �� 4, ��� ��� RESOLUTION NO. 7023 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION TO DENY A REQUEST TO DELETE CONDITION # 6 OF APPROVED_ USE PERMIT #1475 FOR PROPERTY LOCATED AT 3249 BROAD STREET 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 to delete Condition # 6, Planning Commission's action, the appeal to the City Council, and staff recommendations and reports thereon, denies the appeal of the Planning Commission's action to deny the request to delete,Condition # 6 of approved Use Permit # 1475 based on the following findings: 1. The easement requirement called for in Condition # 6 of approved Use Permit # 1475 is a typical condition of discretionary use permits and consistent with Resolution # 5138 that implemented the city's flood management policy which states that "the city shall actively seek to obtain easements and /or ownership for creek access, maintenance and construction whenever possible and appropriate. 2. The city's creek dedication policy stipulates that the property owner shall "dedicate the natural creek area within his property" as a condition of approval of projects requiring planning entitlements other than a building permit or a lot line adjustment. The property owner's changes to the site including paving, fencing, landscaping and modifications to the drainage channel to establish the automobile sales lot required both a Planning Commission use permit and architectural review. These changes constitute substantial improvements to the site which would require easement dedication as a condition of development approval.' R -7023 Resolution No. 7( (1991 Series) Page Two - 3. Approving the request to deny Condition # 6 of' approved Use Permit # 1475 would be a grant of special privilege and set a precedent inconsistent with current city policy. SECTION 2. Conditions. The approved Use Permit # 1475 is valid subject to all the original conditions contained in Planning Commission Resolution No. 5014 -90. In addition, the easement shall be executed and a building permit obtained to complete other required improvements, consistent with previous approvals, within thirty (30) days or the use permit will be revoked. On motion of Councilwoman Rappa seconded by Councilman Roalman , and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard and Reiss NOES: Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this 20th day of August , 1991. Mayor Ron Dunin ATTEST: City Clerk Pam Vo es Resolution No. 702 "'(1991 Series) ^i Page Three APPROVED: A nistrative Officer FM IN A E/6 / . community DAvelopment Director �� � c�b� �, `���U I �� Oi i' RESOLUTION NO. 7022 (1991 SERIES) SETTING FORTH THE AMOUNT OF WATER AND WASTEWATER CONNECTION FEES, PROVIDING FOR THE COLLECTION AND ADJUSTMENT OF SAID CONNECTION FEES, IDENTIFYING THE FACILITIES AND IMPROVEMENTS TO BE FUNDED BY THE FEES, AND ESTABLISHING A REASONABLE RELATIONSHIP BETWEEN THE FEES AND VARIOUS TYPES OF NEW DEVELOPMENT. WHEREAS, Chapter 4.20.040 of the City of San Luis Obispo Municipal Code establishes water and wastewater connection fees, and provides for the setting of fee amounts and other matters by resolution of the City Council; and, WHEREAS, the City of San Luis Obispo has prepared engineering studies to determine the need for facilities and improvements to serve new development; and, WHEREAS, a study entitled City of San Luis Obispo Water and Wastewater Impact Fee Study, dated June 14, 1991, by David M. Griffith & Associates, Ltd. (hereinafter called "Impact Fee Study "), which is incorporated herein by reference, has analyzed the relationship between future development and the cost of needed water and wastewater facilities and improvements; and, WHEREAS, that study was made available for public inspection and review ten (10) days prior to a public hearing held on this matter on August 20, 1991; and public notice was provided fourteen (14) days prior to the public hearing; WHEREAS, this Resolution shall become effective sixty (60) days from final passage of Ordinance No.. 1200 NOW, THEREFORE, the City Council of the City of San Luis Obispo finds and resolves that: 1. Findings. A. The purpose of the water and wastewater connection fees is to protect the public health safety and general welfare by providing adequate water treatment and distribution and wastewater collection and treatment facilities to satisfy the needs of new development and to mitigate the impacts of new development on the City's water and wastewater facilities and improvements. B. The water and wastewater fees collected pursuant to this R_7ng,) Resolution No. 7022 (1991 Series) Page 2 resolution shall be used only to pay for facilities and improve- ments identified in the impact Fee Study and shall not be in lieu of any other fee or tax as may be required by this code. C. There is a reasonable relationship between the types of development on which the fees are imposed and (1) the use of the fees and (2) the need for the facilities and improvements. All development requires water supply and wastewater facilities and improvements to protect the public health and safety. D. There is a reasonable relationship between the amount of the fee and the cost of the facilities and improvements attribut- able to the developments on which the fees are imposed. The estimated costs of facilities and improvements, including financing costs, to be paid for by connection fees is shown in the Impact Fee. Study. Those costs have been allocated to new development on the basis of dwelling unit type (residential) or water meter size and estimated strength of sewer system discharge (non - residential), which are reasonably related to the water and wastewater facility capacity consumed by a development project. 2. Cost Estimates. At any time that the actual or estimated costs of facilities identified in the Impact Fee Study changes, the Finance Director shall review the connection fees and determine whether the change affects the amount of the fees. If the fees are affected, the Finance Director shall, within thirty (30) days, recommend to the City Council a revised fee to be incorporated into this resolution. 3. Amount of Connection Fees. The amount of the water and wastewater connection fees for the 1991 -92 fiscal year is set forth in Exhibit A attached hereto. Wastewater impact fees shown in Table A -2 will be multiplied by the strength factors shown in Table A -3 to determine the total wastewater impact fee. Unless otherwise acted upon by the City Council, the amount of the fees will automatically be adjusted on July 1 of each subsequent year by the percentage change in the U. S. Bureau of Labor Statistics consumer price index for all urban consumers (CPI -U) , all- cities average for Resolution No. 7022 (1991 Series) Page 3 the prior calendar year. Since the facilities and improvements for which connection fees are charged will be financed through bonds or other form of debt, the annual adjustments are indexed to consumer prices rather than construction costs. 4.. Time of Payment. A. Water and wastewater connection fees for any development project or portion thereof shall be payable prior to issuance of building permits required for that development, and shall be collected by the Building Official. Under Government Code, Section 66007(b), the City is authorized to collect the fees at the time of building permit issuance because the fees are for public facilities and improvements for which an account has been es- tablished and funds appropriated, and for which the city has adopted a proposed construction schedule; or the fees are to reimburse the City for expenditures previously made. B. For any development project or portion thereof, impact fees shall be assessed at the time of application and remain valid for as long as the application is proceeding through valid processing as per the Uniform Administrative Code. 5. Exemptions. A. FIRE PROTECTION - Upgrading of existing water services and /or meters for the sole purpose of providing new or improved fire protection facilities shall be exempt from any water impact fee provided for in this resolution. B. LANDSCAPE IRRIGATION - Any water services and /or meters installed solely for landscape irrigation purposes for properties with existing water service shall be exempt from any water or sewer impact fees provided for in this resolution. However, if an increase in water demand is required, the Utilities Director shall impose a water impact fee. 6.. Separate Accounts. The Finance Director shall deposit fees collected under this resolution in separate water connection fee and wastewater connection fee accounts as required by Government Code Section 66006. Within sixty (60) days of the close of each fiscal year, the Finance Director shall make available to the public an accounting of the fund, and the City Council shall review that information at its next regular public meeting. NOW, THEREFORE, BE IT RESOLVED, the City Council of San Luis Obispo on motion of Councilman Roalman seconded by Councilwoman Rappa , and on the follow- ing roll call vote: AYES: Councilmembers Roalman, Rappa and Pinard NOES: Councilman Reiss and Mayor Dunn ABSENT: None L r MAYOR RON DUNIN ATTEST: CITY CL 6K PAM VO S APPROVED: TY MINISTRATIVE OFFICER D-4 ITY ATT I DIRECTOR OF FINANCE UTILITIES DIRECTOM DEVELOPMENT DIRECTOR 4 I I EXHIBIT A TABLE A -1 RESIDENTIAL CONNECTION FEE SCHEDULE ��LrIVQ VIII LJ IVI Ieawcn ual uses based on -luvo population per household ratios as follows:. Single Family Dwelling - 2.7 persons per household Duplex, Townhouse, Condominium, Apartment - 2.2 persons per household Mobile Home - 1.7 persons per household TABLE A-2 NON- RESIDENTIAL CONNECTION FEE SCHEDULE METER SIZE SERVICE UNITS WATER WASTEWATER UNIT SERVICE CONNECTION CONNECTION TYPE UNITS' FEE FEE. Single Family Dwelling 1.00 $2,627.60 $2;217.50 Duplex, Townhouse 6.40 $16,816.64 $14,192.00 Condominium, Apartment _ 0.80 $2,102.08 $1,774.00 Mobile. Home 0.60 $1,576.56 $1,330.50 • Ce, I I..:a t � 45.00 _� ..__ . $118,242.00 $99,788.00 ��LrIVQ VIII LJ IVI Ieawcn ual uses based on -luvo population per household ratios as follows:. Single Family Dwelling - 2.7 persons per household Duplex, Townhouse, Condominium, Apartment - 2.2 persons per household Mobile Home - 1.7 persons per household TABLE A-2 NON- RESIDENTIAL CONNECTION FEE SCHEDULE METER SIZE SERVICE UNITS WATER CONNECTION FEE WASTEWATER CONNECTION FEE 5/8 - 3/4" 1.00 $2,627.60 $2,217.50 1" 2.00 $5,255.20 $4,435.00 11/2" 4.00 $10,510.40 $8,870.00 2" 6.40 $16,816.64 $14,192.00 3" 14.00 $36,786.40 $31,045.00 4" 22.00 $57,807.20 $48,785.00 6" Fnne urill he nnlw. d.. �...a �... .�_ ne... 45.00 _� ..__ . $118,242.00 $99,788.00 ... ••", WG vQIVuIGl6U Uy UIC V.ny br San LUIS UDlspo utilities Director for larger meter sizes I y EXHIBIT A TABLE A -3 WASTEWATER STRENGTH FACTORS TYPE OF USE STRENGTH FACTOR Bake_ 7Restaurant 2.50 Mortuary. _ _ _ 2.00 Market 2.00 School 0.75 Industrial (Non- regulated) 1.00 Industrial (Regulated) Determined by Utilities Director Other Uses 1.00 Wastewater connection fees will be calculated as follows: Service Unit Fee X Strength Factor = Connection Fee,__ - For example, the wastewater connection fee for a restaurant with a_ 1 'inch meter would be $11,087.50 computed as follows: _ SERVICE UNIT FEE STRENGTH_ FACTOR FEE $4,435.00- 2.50 $11,087.50__ _ RESOLUTION NO. 7021 (1991 SERIES) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL ADJUSTING RATES FOR SOLID WASTE COLLECTION AND DISPOSAL EFFECTIVE SEPTEMBER 1j, 1991 AND SUPERCEDING RESOLUTION NO. 6826 BE IT RESOLVED by the San Luis Obispo City Council as follows: 1. Effective September 1, 1991 the rates for solid waste collection and disposal shall be those listed on the attached rate schedule dated September 1, 1991 and incorporated here by reference. These rate shall be applied to all service bill issued after after September 1, 1991. 2. Upon passage, this resolution shall supercede Reso- lution No. 6826 (1991 Series). 3. The city clerk shall furnish copies of this resolution, as executed, to finance department, public works department and San Luis Garbage Company. On motion of Councilman Reiss seconded by Councilwcman Rappa, and on the following roll call vote:. AYES: Councilmanbers Reiss, Rappa, and Mayor Dunin NOES: Councilmembers Pinard and Roa]man ABSENT: Hone . the foregoing resolution was passed and adopted this 20th day of August , 1991. ayor- on n City dministrative Officer 11-17 irector of ina ce R-7021 CITY OF SAN LUIS OBISPO RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL 9/1/91 MULTI -UNIT RESIDENTIAL DUMPSTER CONTAINERS (PER MONTH) size of container (cubic yards) COLLECTIONS PER WEEK 1 2 3 4 5. 6 7 1 $51.00 $7600 $91.00 $12600 $15x00 $177.00 $221100 1.5 5,9.00 8600 10900 143.00 171.00 18600 263.00 2 saw 97.00 12600 15800 184.00 197.00 299.00 3 64.00 11900 164.00 21Q00 274.00 296.00 39fi00 4 101.00 15200 215.00 29:1.00 36500 39E00 49300 6 13800 211.00 29600 431100 50.500 557.00 651100 8 177.00 261.00 39500 584.00 729.00 78900 - - - - 891.00 The rates stated above for dumpster containers shall Include the monthly container rental fee. COMMERCIAL GARBAGE CANS (PER MONTH) number of COLLECTIONS PER WEEK cans 1 2 3 4 5 6 7 1 $11.00 $1 a00 x$2600 $3x00 $32.00 $3500 $40.00 2 1300 2600 3500 39.00 4200 4600 5300 3 17.00 3200 44.00 47.00 saw 5x00 6300 4 20 oo 37.00 51.00 5500 60.00 6500 77.00 5 24.00 4200 5600 54.00 71.00 77.00 91.0D 6 27.00 47.00 6ED0 73.00 81.00 90,00 10500 7 31.00 530D 7200 8300 9300 101.00 11900 8 34.00 5200 79.00 91.00 10300 114.00 13300 9 3200 6300 8600 x.00 11200 12500 14x00 10 41.00 moo 94,00 11 Q0o 124.00 138.00 16200 Maximum volume and weight per garbage can: 35 gallons and. 80 pounds Additional charge per can per collection: $300 G O Rate Schedule for Solid Waste Collection and Disposal- 9/1/91 Page 2 COMMERCIAL WASTE WHEELER CONTAINERS (PER MONTH) number Of containers COLLECTIONS PER WEEK 1 2 3 4 5 6 7 1 $18.00 $26.00 $32.00 $44.00 $54.00 $61.00 $79.00 2 $5.00 5200 63.00 87.00 110.00 123.00 158.00 3 41.00 59.00 76.00 98.00 119.00 130.00 182.00 4 47.00 67.00 87.00 110.00 127.00 137.00 207.00 5 53.00 74.00 100.00 127.00 159.00 171.00 241.00 6 58.00 83.00 114.00 146.00 190.00 .205.00 275.00 7 64.00 93.00 131.00 175.00 222.00 240.00 308.00 8 71.00 105.00 149.00 203.00 254.00 274.00 341.00 9 77.00 114.00 163.00 228.00 277.00 301.00 411.00 10 83.00 125.00 177.00 254.00 302.00 329.00 479.00 11 90.00 136.00 191.00 278.00 326.00 358.00 548.00 12 96.00 146.00 205.00 303.00 350.00 386.00 617.00 In addition to the collection rates stated above for waste wheeler containers, there shall be charged a monthly rental fee for each container. COMMERCIAL DUMPSTER CONTAINERS (PER MONTH) size of container COLLECTIONS PER WEEK (cubic yards) 1 2 3 4 5 6 7 1 $38.00 $57.00 $68.00 $94.00 $119.00 $133.00 $171.00 1.5 45.00 65.00 81.00 106.00 129.00 140.00 197.00 2 51.00 72.00 94.00 118.00 138.00 148.00 224.00 3 83.00 90.00 124.00 158.00 205.00 222.00 297.00 4 77.00 114.00 162.00 219.00 274.00 296.00 371.00 6 104.00 158.00 22200 328.00 379.00 418.00 493.00 8 133.00 1 196.00 2%.00 438.00 1 548.00 I 592.00 I 668.00 The rates stated above for dumpster containers shall include the monthly container rental fee. Rate Schedule for Solid Waste Collection and Disposal - 9/1/91 Page 3 UNSCHEDULED EXTRA COLLECTIONS FOR COMMERCIAL CUSTOMERS AND MULTI -UNIT RESIDENTIAL DUMPSTER CUSTOMERS $13.00 1 cubic yard (minimum charge) $17.00 2 cubic yards $25.00 3 cubic yards $33.00 4 cubic yards SINGLE FAMILY and MULTI -UNIT RESIDENTIAL VOLUME -BASED RATES ECONOMY RATE $1.00 per special 33-gallon bag distributed by San Luis Garbage Company (Payable when bags are issued) STANDARD RATE $13.00 per month for one wastewheeler container collected once each week PREMIUM RATE $17.70 per month for up to one cubic yard (six standard garbage cans) collected once each week Maximum volume and weight per garbage can: 35 gallons and 80 pounds SERVICE AWAY FROM THE STREET CURB $4.00 additional Per month per can or container EXTRA COLLECTIONS ON REGULAR COLLECTION DAY WITH GARBAGE TRUCK $1.50 per standard garbage can or equivalent volume (Not available for economy service customers) LATE MAKEUP COLLECTIONS WITH GARBAGE TRUCK (phone call required) $5.00 per trip plus $1.50 per extra garbage can or equivalent volume (Not available for economy service customers) Rate Schedule for Solid Waste Collection and Disposal - 9/1/91 Page 4 EXTRA COLLECTIONS WITH PICKUP OR FLATBED TRUCK (phone call required) $11.00 per trip plus: $1.50 per garbage can or equivalent volume (amounts over sic cans by quotation) $10.00 per appliance $3.00 per piece of furniture $1.50 per mattress or boxspring (Economy service customers must pay in advance.) tit) RESOLUTION NO. 7020 (1991 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF CURB, GUTTER AND SIDEWALKS CONSTRUCTED UNDER THE 1911 ACT, AMENDING EXHIBIT "A" OF RESOLUTION NO. 6947 (1991 SERIES), AND RESCINDING RESOLUTION NO. 7004 (1991 SERIES). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 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. SECTION 2. That the hereinafter listed construction costs shall be paid within five (5) 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 shown on Exhibit "A ". SECTION 3. If the assessment is $1,000 or more, payment may be made in three annual installments at seven percent (7 %) interest subject to all the curative clauses and powers of the 1911 Act. The property owners addresses and construction costs are shown in Exhibit "B ". R -7020 r , 1 Resolution No. 7020 (1991 Series) SECTION 4. Resolution No. 6947 (1991 Series) is hereby amended to remove S.J. and B.J. Cegielski at 743 Caudill from Exhibit "A ". SECTION 5. Resolution No. 7004 (1991 Series) is hereby rescinded. On motion of Councilman Roalman seconded by °Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Roalman, Rappa; Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 9nrh day of August , 1991. _ayor Ron Dunin ATTEST: P" U., City C1 rk Pam Vo s APPROVE ity A inistrative Officer dj4,uwn,7qtrwr, lr� marr�� Oiq A to ey Finan a Director Public Works Director slderes /dfr+30 o cI� Resolution No. 7r'�, (1991 Series) Page Three •Location 2150 King Street (Branch Street side) 2065 Price Street 2006 Chorro Street. 551 -53 Branch Street 6 ex /dfr#30 EXHIBIT "A" Owner J Cost S.M.S. Co. 2,340.00 c/o F. McNamara H.H. & J.R. Brown 685.00 D.M. Bradbeer, etal 1,187.50 R. True, etal 3,037.50 Resolution No. 7c,(1991 Series) Page Four EXHIBIT "B" Owners requesting three year pay -off option: Owner Location Cost S.J. and B.J. Cegeilski 743 Caudill $1,270.00 D.E. Weddle 367 Branch $2,150.00 ex /dfr #30 Q �, �� �,. RESOLUTION NO. 7019 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF A TWELVE -MONTH TIME EXTENSION FOR TENTATIVE TRACT NO. 1673 LOCATED AT 3440 S. HIGUERA STREET WHEREAS, The subdivider requests a twelve -month time extension to complete processing of the final map; and WHEREAS, reasonable progress has been made toward filing of the final map; and WHEREAS, the circumstances and findings of the original tract approval are unchanged; NOW THEREFORE, the City Council resolves as follows Section 1. That Tract 1673 is granted a twelve -month time extension, to August 15, 1992, subject to original tract map findings and conditions as specified in City Council Resolution 6667 (1989 Series), attached. On motion of Councilwoman , seconded by. Councilman Roal= and on the following roll call Vote: AYES: Council ers Rappa, Roalman, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 20th day of August , 1991. effryor7on-Dunin AT S Cit Clerk Pa Voges Resolution No.7019 Page Two APPROVED: 11 a RESOLUTION NO7018(1991 SERIES) A RESOLUTION OF THE COUNTY OF THE CITY OF SAN LUIS OBISPO RATIFYING THE SAN LUIS OBISPO AREA COORDINATING COUNCIL JOINT POWERS AGREEMENT AND ITS AMENDMENTS BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement and its amendments attached hereto marked Exhibit A and incorporated herein by reference, between the City. of San Luis Obispo and member cities and the County is hereby ratified and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo Area Coordinating Council, County Government e Center, San Luis Obispo, CA 93408. On motion of Councilwoman Rappa Roalman seconded by Councilman and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this 20th day of August 1991. ayor Ron Dunin R -7018 RESOLUTION NO. 7018 (1991 SERIES) Page 2 APPROVED: ity Administra ive Offi er ate Ji I fit 4 IPQI�K&4-1 h � (' ✓n�t/J) ri A t rrfey \HWJPA FY 91 -92 ' JOINT POWERS AGREEMENT SAN LUIS OBISPO AREA COORDINATING COUNCIL (A- 121- 91 =CC) THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended on November 4, 1982, and September 1.9, 1984, by and among such of the incorporated cities of Arroyo Grande, Atascadero, E1 Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement, hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500, et seq., of the California Government Code (Title 1, Division 7, Chapter 5, Article l ) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS., the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto, by virtue of Sections 65600 through 65604, inclusive, of the California Government Code have the joint and mutual power to create an area planning commission, herein designated "San Luis Obispo Area Coordinating Council." WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and WHEREAS, Section 29532, California Government Code, provides that such a Planning and Coordinating Council shall be designated the Regional Transporta- tion Planning Agency to act in matters of transit and transportation planning;. and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solutions to common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various governmental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, creation of such an agency and action by it upon certain plans and programs is necessary to comply with requirements of federal and state legislation in order to participate in the allocation and disbursement of state and federal funds which may be desired by COUNTY and CITIES in the implementation of plans and programs which have been approved by their respective governing bodies. NOW, THEREFORE, it is agreed as follows: A- 121 -91 -CC 19.91 =1992 JOINT POWERS AGREEMENT 0663 -1 /111 I. PURPOSE PAGE 2 07 -17 -91 .The San Luis Obispo Area Coordinating Council is organized for the permanent establishment of a forum for planning, discussion and study of area -wide problems of mutual interest and concern to COUNTY and to CITIES; for the development of studies and adoption of regional. plans; to serve as a regional agency for certain federal and state programs; and for other actions commensurate with the desires of the member governments. II. NAME The official name of the organization hereby created shall be the "San Luis Obispo Area Coordinating Council.' III. POWERS The San Luis Obispo Area Coordinating Council hereinafter called °Area Council,." is hereby created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to carry out the purposes hereinabove stated and to implement the annual work program approved by COUNTY and CITIES, including the power to contract for- goods and services; to provide for employment of necessary personnel, experts and consultants; to accept gifts, loans, grants; and to administer the affairs of the Area Council hereby created in accordance with this Agreement. Pursuant to Section 6508,1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the Area Council shall not be the debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise provided herein. IV. MEMBERSHIP 1. Membership in the Area Council shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County. of San Luis Obispo presently or in the future, are declared eligible for membership in the Area Council. 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the Area Council in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to the Area Council shall consist of the five members of the Board of Supervisors of the County of San Luis Obispo from time to time in office anc of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. 1991 -1992 JOINT POWERS AGREEMENT PAGE 3 0663 -1 /111 07 -17 -91 3. Member agencies may elect to have an alternate member(s) in addition to any official member, but said alternate shall he able to vote only in the absence of the official representative. 4. Designation of the official representative or alternate(s), or changes thereto, shall be transmitted in writing to the Executive Director of the Area Council by the appointing city or the county. 5. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the Area Council may do so by executing this Agreement without prior approval or .ratification of the named parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. V OPERATION 1.. The powers of the Area. Council are advisory to the member agencies which execute this Agreement except for those actions mandated by state or federal law for the processing of applications .submitted by any of the member agencies for federal and state grants or funds which require action by the Area Council. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, how- ever, that the recommendations of the Area Council may have the effect of precluding any favorable action by an agency of the state or federal govern- ment in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations . and policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by Area Council pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said Area Council, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. All costs incurred by Area Council performing functions as the regional transportation agency for San Luis Obispo County as designated by the State shall. be paid out of the transportation fund established pursuant to Section 29530, et seq., Government Code as provided for therein. 3. Costs of Area Council for each fiscal year which are necessary for the ordinary operation of the Area Council, including but not limited to 1991 -1992 JOINT POWERS.AGREEMENT 0663 -1/771 PAGE 4 07- 1.7 -91 office space, furniture, supplies and postage, and excepting those functions performed as the regional transportation agency, shall be borne by COUNTY in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the Area Council shall be borne by contributions from the member entities as approved by their governing bodies. Costs of all activities undertaken by Area Council as the Regional Transportation Planning Agency shall be set forth in the budget as part of the annual work program of Area Council and shall be funded from the transportation fund pursuant to applicable state statutes. 4. The annual work program and budget, when adopted shall be the basis for operation of Area Council for the fiscal year. Any deviation from the work program affecting the budget shall be returned to the member agencies for approval. 5. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including two COUNTY representa- tives. No action shall be effective without the affirmative votes of a majority of those present. However., eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote. The representatives to the Area Council shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of Area Council in an orderly manner. VI. OFFICERS 1. The officers of the Area Council shall consist of a President and Vice - President elected for a term of one year by a majority vote of member agency representatives to the Area Council. 2.1 Both the President and Vice - President of Area Council shall be elected at the May meeting (annual meeting). 3. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: a. President 1) Shall preside over all meetings of the Area Council as Chairman. 2) Shall appoint all standing committees. 3) Shall exercise general' supervision over all. activities of said Area Council. 1991 -1992 JOINT_ POWERS AGREEMENT PAGE 5 0663 =1 /111 07 -17 -91 4) Shall be an ex- officio member of all committees. 5) Shall execute all contracts and legal documents on behalf of the Area Council. b. Vice- President 1) Shall serve as Chairman pro - tempor in the absence of the President. 2) Shall give whatever aid necessary to the President in administering of the Area Council. 3) Shall be an ex- officio member of all committees. 5. In the event of a vacancy occurring in the office of either the President or Vice - President upon said officer's death, resignation, removal or his ceasing to be an official representative of 'a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the Area Council, the officer elected to serve for the balance of the unexpired term. VII. STAFF 1. The Area Council shall appoint an Executive Director to serve at its pleasure, who will perform the following duties and such others as may be assigned by Area Council.. a. Prepare and submit the annual work program and budget to the Area Council for its approval and to the parties hereto for ratification. b. Shall keep an accurate account and file of all meetings. C. Shall disburse all funds in accordance with the policies of the County- Treasurer and the County Auditor /Controller and the budget and work program adopted by the Area Council. d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the Area Council on all committees. f. Shall insure that Area Council renders a written year end report reflecting act- ivities of the preceding fiscal year, said year end report to be distributed to each of the participating member bodies.. 1991 -1992 JOINT POWERS AGREEMENT PAGE 6 0663 -1 /111 07 -17 -91 g. Shall be responsible for directing those employees authorized by the Area Council in the. budget. Employees are to be appointed by the Area Council on the recommendation of the Executive Director and to serve at the pleasure of the Area Council. 2. The Executive Director of the Area Council shall have charge of, handle and have access to, any property of the Area Council. 3. The Executive Director, Treasurer, and Auditor - Controller shall be bonded or self- insured through the county in -lieu of bonds (in accordance with Government Code Section 24156) in the sum of $1000. VIII. MEETINGS 1. Regular meetings of the Area Council shall be held at least six (6) times a year or at more frequent intervals as approved by the Area Council. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of the Area Council. Actual notice of special meetings must be given at least three (3) business days in advance. 36 Meetings shall be open to the public as required by state law. 4. Regular meetings shall be generally held in the first week of January, March, May, July, September and November, or as specified in the annual meeting calendar adopted in May. The May meeting shall be designated the 'annual meeting.' 5. The Executive Director of the Area Council will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of the Area Council or vote on any motion before the Area Council. 7. The meeting agenda shall be prepared by the Executive Director to the Area Council. Agenda material shall be submitted to the Executive Director at least twenty -one (21.) calendar days prior to the next regular meeting and distributed to members at least fourteen (14) calendar days prior to the next regular meeting to allow member agencies to advise their representatives on tentative vote subject to independent judgement of delegate based on public testimony. Unless authorized by majority vote of the representatives at a regular meeting, only agenda items shall be considered by the Area Council. 8. The Area Council, at the discretion of the President, may memorialize any of its actions by resolution. N �. 1991 =1992 JOINT POWERS AGREEMENT PAGE 7 0663 -1 /111 07 -17 -91 9. Robert's Rules of Order or such other rules as the Area Council may adopt will govern all proceedings not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. 11. The Area Council shall hold public hearings for the adoption of. Regional Plans. 12. Minutes of all Area Council meetings shall be kept by the Executive Director to the Area Council and shall be submitted to member agencies. .IX. COMMITTEES. 1. Committees and subcommittees may be established as the Area_ Council may deem appropriate. 2. Membership on wad-Hoc" policy committees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these aforesaid committees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a committee. 3. Standing committees shall include the Administration Committee, comprised of all managers and administrators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agency planning_ officials appointed by their respective agencies; the Public Works Committee, comprised of a_11 agency engineering officials appointed by their respective agencies; the. Technical Transportation Advisory Committee (TTAC) and the Citizen's Transportation Advisory Committee (CTAC) as per the Memorandum of Understanding between the California Department of Transportation and the Area Council; and the Transit Productivity Committee as required by Section 99224 and Section 99238 of the Public Utilities Code. The Area Council may organize such other technical advisory committees as it deems necessary to carry out Area Council. functions. 4. No committee shall commit the Area Council on any matter or auestions of policy. Such matters or questions can only be decided by the Area Council. 5. All committees shall receive clerical assistance from the Area Council staff for the purpose of maintaining minutes of meetings and other such duties as the Executive Director may direct, The chairman of each committee shall sign the original copy of the minutes indicating his verification of contents. Copies of minutes of all meetings shall be sent to members of the Area Council. and the Executive Director.. X. FINANCE 1991 -1.992 JOINT POWERS AGREEMENT 0663 -1 /111 PAGE 8 07- 17 -97. 1. The Area Council shall have no power to expend funds on any project for which funds have not been budgeted, nor on any item in excess of the budgeted amount without specific approval of two - thirds of the governing bodies of the member agencies including COUNTY. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and he shall have custody of all money of the Area Council. from whatever source received. It is further understood that the Auditor/ Controller of the County of San Luis Obispo is, as such, auditor of the Area Council. XI. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of the Area Council or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come before the Area Council, subject to any necessary approval. of their acts by the governing bodies of CITIES and COUNTY. 2. Any party to this Agreement- ,may__withdraw from the San Luis Obispo Area Coordinating Council and terminate its participation in this agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. 3. A member withdrawing shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to Area Council, provided, however, that Area Council may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the Area Council. If any party hereto fails to pay its contribution, as determined by Area Council, said entity shall be deemed to have voluntarily withdrawn from the Area Council. 4. Area Council may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescision Agreement shall provide for the orderly payment of all outstand- ing debts and obligations and for the return of any surplus funds of Area Council in proportion to the contributions made. RII. EFFECTIVITY This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until 1991 -1992 JOINT POWERS AGREEMENT 0663 -1 /111 PAGE 9 07 -17 -91 dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. RD /cl/0663- 1./111 7 -17 -91 1991 -1992 JOINT POWERS AGREEMENT PAGE 10 0663 -1 /111 07 -17 -91 CITY OF ARROYO GRANDE By: Date: Mayor Resolution No. Clerk CITY OF ATASCADERO By: Date: Mayor Minute Order Clerk CITY OF PISMO BEACH By: Mayor Clerk CITY OF SAN LUIS OBISPO By: Clerk r Minute Order Dat e Minute Order Dat Resolution No. 7018 C1 er k CITY OF GROVER CITY By: Date: Mayor Resolution No. Clerk CITY OF MORRO BAY. By: Date: Mayor _ _ Resolution No. Cl ek CITY OF PASO ROBLES By: Date: Mayor Clerk CITY OF PISMO BEACH By: Mayor Clerk CITY OF SAN LUIS OBISPO By: Clerk r Minute Order Dat e Minute Order Dat Resolution No. 7018 1991 -1992 JOINT POWERS AGREEMENT PAGE 11 0663 - 1/111 07 -17 -91 COUNTY OF SAN LUIS OBISPO By: Date: Ch i rma n Minute Order Clerk APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: Depu y County owns Dated: RD /ms /hf/cl/0663 -1 /111 7 -02 -91 J `) Yl � W RESOLUTION NO. 7017 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING PROPERTY LISTED IN EXHIBIT A AS SURPLUS PROPERTY BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City Council hereby declares that all items of property listed in Exhibit A attached and incorporated herein by reference are surplus property. SECTION 2. Disposal of the property shall be made 'as determined by sale at public auction or by another method of disposal in accordance with the City's surplus property policy as determined by the Director of Finance to be in the best interest of the City. On motion of seconded by Roalman and on the following roll call vo e: AYES: Councilmembers Rappa, Roalman, and Reiss____ NOES: Councilmember Pinard and Mayor Dunin ABSENT: None the foregoing Resolution was passed and adopted the ayor on unin A7 L: V Pam Voges, City erk APPROVED: FtyA ininistrative Officer day of ,1991. R -7n17 Resolution No. 7017/`��� 1016*4 I _I. SURPLUS PROPERTY LIST - VEHICLES 6309 General Dodge Water Truck_ 4072 $ 800 6902 General Layton -Tow Paver 952B 1,000 6909 General Chevrolet Dump Truck 9524 4,000 7005 General Ford Dump Truck 6516 3,000 7203 General Ford Dump Truck 6787 3,000 7509 General Dodge Dump Truck 448 5,000 7814 General GMC Asphalt Dump Truck 6511 8,000 8009 General Chevrolet Dump Truck 4734 2,000 8010 General Chevrolet Dump Truck 4753 2,000 8004 General Toro Rotory Mower , 232 700 6806 General Hughes & Herman Crane 6829 800 none General Flat Bed for 1 ton truck none 100 8718 Police Chevrolet Caprice 4680 2,500 8722 Police Chevrolet Caprice 5015 2,500 8904 Police Chevrolet Caprice 6052 3,500 8905 Police Chevrolet Caprice 4650 3,500 8906 Police Chevrolet Caprice 4193 3,500 8907 Police Chevrolet Caprice 5156 3,500 8909 Police Chevrolet Caprice 5532 3,500 8910 Police Chevrolet Caprice 5321 3,500 8911 Police Chevrolet Caprice 6166 3,500 8912 Police Chevrolet Caprice 6380 3,500 8913 Police Chevrolet Caprice 4315 3,500 66;100 v 1 �f� �- LJ RESOLUTION NO. 7016 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPLICATION TO AMEND THE GENERAL PLAN LAND USE MAP DESIGNATION FOR PROPERTY LOCATED AT 399 FOOTHILL BOULEVARD (APPLICATION GP /R 1510) WHEREAS, the Planning Commission conducted public hearings on application No: GP /R 1510 on May 22 and June 26, 1991, and recommended approval of the application; and WHEREAS, the City Council has conducted a public hearing on August 6, 1991, and has considered the testimony and statements of the applicant, and other interested parties, and the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; NOW, THEREFORE, the council resolves to deny application No. GP /R 1510 to amend the General Plan Land Use Map and Official Zoning Map designations for the site from Neighborhood Commercial to Office, based on the following findings: SECTION 1. Findings. 1. The proposed amendment to the General Plan Land Use Map is not consistent with adopted policies in the Land Use Element of the General Plan. 2. The resulting pattern of land uses will not be appropriate for this section of the community. 3. The site is not suited for office uses. On motion of Councilwoman Rappa seconded by Councilwoman Pinard and on the following roll call vote: R -7016 Resolution No. GP /R 1510 Page 4 AYES: NOES: ABSENT: 7016 (1991 Series) Councilmembers Rappa, Pinard, Reiss and Mayor Dunin None Councilmember Roalman the foregoing resolution was passed and adopted this 20th day of August , 1991. Mayor Ron Dunin ATTEST City qerk pam ges APPROVED: City Ad inistrative Officer C t j� Att rney Community Develop e# Director y O O O O O O O O PJ� L, ff ROM:AULDO `Q ,:. ,r1 ., O O 2Ja a..r. a»-f.• In •oo- E FOOTHILL } W Ram. '11D, 4.05 .a11 391 uc at LL— _ �j W O ..feeO 7 /ecaati0 I` O 1 'F ICC N O W O .� `� U o R_ BoaC ti ^ Y � l _ 57- - Z" —0' U - 3120 59.4 318 9i340 2Ja a..r. a»-f.• In •oo- E FOOTHILL BLVD. Ram. '11D, 4.05 .a11 391 ... >KS 'aft act ris _ �j O .•ate•� s.eY. Y.M a ana, Jfi• NDS E!D, Fu redi N 1D I` O 1 'F ICC N O W O .� `� U o R_ BoaC ti ^ Y � l _ 57- - Z" —0' U - 3120 59.4 318 9i340 2Ja a..r. a»-f.• .Jfs •oo- f¢• FOOTHILL BLVD. 4.05 .a11 391 ... >KS 'aft act ris _ �j O .•ate•� s.eY. Y.M a ana, Jfi• tcswG • ne J L O • T a11• i :''': .::::: O (mow f•p l Kil b Y .i 'M /10•W R-1 w c Y.p f _ O � O E - O V L ) 1O O lo.D.0 O O w RAMONJA DRIVE -.0" dlf - •vJ C 44 •?* ' O O O O O 10 O �Q O O Q O �y • O: so O -Q O Of O O. O wR 7 O :OO O � O R -1 O' COURT e lei 0. - ' GRAMC SCAL! I , O O E10 O N O 0 50 100 200 300 Q _ O Zpo O O s� O O` VICINITY MAP GP /R 1510 NORTH A. REZONE FROM C ®N TO O V�p RESOLUTION NO.7015 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE GENERAL PLAN MAP AT 1190 LAUREL LANE FROM SERVICE- COMMERCIAL/LIGHT INDUSTRIAL, SPECIAL CONSIDERATIONS, TO MEDIUM - HIGH.DENSITY RESIDENTIAL, SPECIAL CONSIDERATIONS (GP /R 1500) WHEREAS, the Planning Commission and the City Council have held public hearings on the proposed amendment in accordance with the California Government Code; and WHEREAS, the amendment comes to the council upon the recommendation of the Planning Commission; and WHEREAS, the potential environmental impacts of the :amendment have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines. NOW, THEREFORE, the Council of the.City of San Luis Obispo, resolves as follows: SECTION 1. Findings. 1. The proposed general plan amendment and rezoning are consistent with the adopted policies in the Land Use and Housing Elements of-the General Plan. 2. Residential land use is appropriate`at this location, and will be compatible with surrounding land uses. 3. The proposed general plan amendment will not be detrimental to the health, safety, or welfare of persons living or working on the site or in the vicinity of the project site. SECTION 2. Environmental -- Determination. The Community Development'Director has evaluated the proposed subdivision under the California Environmental Quality Act and the City's Environmental Guidelines, and has granted a negative declaration (ER 1 -91). The City Council hereby approves a negative declaration for the general plan amendment. SECTION 3. May Amendment. The General Plan Land Use Element map is hereby amended from Service - Commercial /Light Industrial to Medium -High Density Residential as shown in Exhibit ''B.'' The Community Development Di= rector shall ;cause the .change to be reflected on maps on display and published by the city. On motion of Councilwoman Pinard seconded by Councilwoman Rappa and on the following roll call vote: R -7015 Council Resolution-No. 7015 (1991 Series) Page 2 AYES: Councilmembers Pinard; Rappa and Mayor Dunin NOES: None ABSENT: Councilmembers Reiss and Roalman the foregoing resolution was passed and adopted this 20th day of August ,•1991. �.......... a Mayor Ron Dunin ATTEST: City C erk, Pam APPROVED: City A inistrative.Officer Community Attachment: Exhibit "B ", Land Use Map amendment �1 RESOLUTION NO. 7014 (1991 A RESOLUTION OF THE COUNCIL OF THE CITY AMENDING THE GENERAL PLAN LAND USE MAP AT FROM SERVICE- COMMERCIAL /LIGHT INDUSTRIAL RESIDENTIAL (GP 1542) Series) OF SAN LUIS OBISPO 843 MUTSUHITO AVENUE TO MEDIUM -HIGH DENSITY WHEREAS, the Planning Commission and the City Council have held public hearings on the proposed amendment in accordance with the California Government. Code; and WHEREAS, the amendment comes to the council upon the recommendation of the Planning Commission; and WHEREAS, the potential environmental impacts of the amendment have beeh evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines. NOW, THEREFORE, the Council of the City of San Luis Obispo, resolves as follows: SECTION 1. Findings. 1. The proposed general plan amendment is consistent with the adopted policies in the Land Use and Housing Elements of the General Plan. 2. Residential land use is appropriate at this location, and will be compatible with surrounding land uses. 3. The proposed general plan amendment will not be detrimental - to the health, safety, or welfare of persons living or working on the site or in the vicinity of the project site. SECTION 2. Environmental Determination. The Community Development Director has evaluated the proposed subdivision under the California Environmental Quality Act and the City's Environmental Guidelines, and has granted a negative declaration (ER 15 -91). The City Council hereby concurs with the Community Development Director and approves a negative declaration for the general plan amendment. SECTION 3. Map Amendment. The General Plan Land Use Element map is hereby amended from Service - Commercial /Light Industrial to Medium -High. Density Residential as shown in Exhibit "A." The Community Development Director shall cause the change to be reflected on maps on display and published by the city. On motion of Councilwoman Rappa seconded by Councilwoman and on the following roll call vote: Pinar R -7014 ./ Council Resolution No. 7014 Page 2 I� (1991 Series) AYES: Council-members Rappa, Pinard and mayor Dunin NOES: None ABSENT: Councilmembers Reiss and Roalman the foregoing resolution was passed and,adopted this 20th day of August , 1991. Ron Dunin. ATTEST.: City C erk, Pam Ily es APPROVED: ity kdmiAlistrdtive Off'cer Community Devel 0 RESOLUTION NO. 7013 (1991 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION, AND REVOKING USE PERMIT A 74-89, WHICH ALLOWED AN OUTDOOR BARBECUE AT 774 FOOTHILL BOULEVARD WHEREAS, the Administrative Hearing Officer conducted a public hearing to consider revocation of Use Permit Application No. A 74 -89, on May 17, 1991, and determined to allow the use permit to remain in effect, without modification to conditions of approval; and WHEREAS, the decision of the Hearing Officer was appealed to the'Plannin9 Commission by the applicant, which conducted a public hearing on June 12, 1991, and determined to modify the conditions of approval.; and WHEREAS, Michael Charles (Appellant) has appealed that decision to the City Council; and WHEREAS; the council has conducted a public hearing on that appeal on August _6,__ 1991; And WHEREAS, the council has considered the testimony and statements of the applicant, appellant, and other interested parties, and the records of the Administrative and Planning Commission hearings and actions, and the evaluation and. recommendation of staff; NOW, THEREFORE, the council resolves to uphold the appeal and revoke Use Permit A 74 -89, based on the following findings: Section 1. Findinns: 1. The temporary use has adversely affected the health, safety and welfare of persons worldng in the vicinity. 2. The temporary use is not appropriate at the proposed location and is incompatible with surrounding land uses. 3. Conditions Nos. 1, 4, and 7 of the approved use permit have been violated. R -7013 Resolution No. 7013 (1991 Series) A 74 -91 Page 2 motion 1 p W.1 Rn. ua n , seconded by m a .wry Pinard ; and on the following roll call vote: AYES: Councilman Roalman, Crnmcilwaman Pinard, Councilman Miss, and Mayor Dunn.. NOES: Councilwoman Rappa. ABSENT: Ngne. the foregoing resolution was passed and adopted this rth day of yoiSt , 1991. hol or stf5yo—rRon Dunin ATTEST: 2"()"' City Clerk Pam V es APPROVED: City Ad strat ve Offic It, I 01- 7116 t RESOLUTION NO. 7012 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING LIENS UPON REAL PROPERTY PARCELS FOR WEED ABATEMENT COSTS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1) This Council hereby finds and confirms the existence as of August 6, 1991, of duly - imposed liens in the amounts and upon the real property parcels set forth in Exhibit "A" delinquency list attached hereto. Said liens were imposed for weed abatement costs incurred by the City upon said parcels in Calendar Year 1991 in accordance with provisions of the City's Municipal Code, Section 8.08.010 to 8.08.110 inclusive. 2) The Director of Finance is directed to send a copy of this Resolution to the Auditor - Controller of the County of San Luis Obispo for collections of said liens along with regular City property taxes for 1991/92. On motion of Councilwoman Pinard seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilwoman Pinard, Councilwoman Rappa, Councilman Reiss, Councilman Roalman and Mayor Dunn. NOES: None• ABSENT: None. the foregoing Resolution was passed and adopted this 6th Day of _ August , 1991. ATTES n I CITY ERK, PAMELOVOGES "o: .v2 �. R -7012 lel RESOLUTION NO APPROVED: 7012 (1991 Series) - Page Two ity Admi istrative Officer Barry Hermanson c/o Churchill Properties 053 - 171 -029 1515 Calle Joaquin 120.00 90.00 75.00 285.00 1991 WEED ABATEMENT BILLING EXHIBIT A The following is a breakdown, of Fire Department abatement costs for 1991. This report is being submitted to the San Luis Obispo City Council for approval on August 6, 1991. Name Parcel No. FD Cost Admin Fee Penalty Total_ Dave Boyle 001- 270 -007 1460 Andrews 90.00 67.50 75.00 232.50 Dana J. Moore 052- 163 -038 052- 163 -039 585/593 Luneta 90.00 67.50 75.00 232.50 Gaines Hill Devel. 052- 312 -026 109 Cerro Romauldo 90.00 67.50 75.00 232.50 Pacifica Corporation 053- 091 -012 053- 091 -013 852.50 639.38 75.00 1,566.88 The Arbors Barry Hermanson c/o Churchill Properties 053 - 171 -029 1515 Calle Joaquin 120.00 90.00 75.00 285.00 f,,