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HomeMy WebLinkAbout6915-6974RESOLUTION NO. 6974 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REJECTING THE LOW BID OF ALDER CONSTRUCTION FOR THE AWARD OF CONTRACT FOR THE UNIT 3 WASTEWATER TREATMENT PLANT IMPROVEMENTS, CITY PLAN NO. R -28S, AS NON - RESPONSIVE AND AWARDING THE CONTRACT TO THE NEXT LOW RESPONSIVE /RESPONSIBLE BIDDER, KAWEAH CONSTRUCTION. WHEREAS, on February 21, 1991 the City received and opened bids for the construction of the Unit 3 Wastewater Treatment Plant Improvements project, City Plan No. R -28S, and WHEREAS, staff has reviewed the documents submitted with the bid and subsequent submittals for compliance with the bid specifications, and WHEREAS, the low bidder, Alder Construction, has failed to fully comply with the requirements of section 00590 of the specifications and subsequent addenda relating to the Clean Water Grants Bulletin 113 -A for procurement of minority and women owned business participation, and' WHEREAS, the low bidder, Alder Construction, has failed to fully comply with the requirements outlined in section 4104 of the Public Contracts Code for listing of subcontractors, and WHEREAS, the bid of the second low bidder contained minor irregularities in the bid as follows: the written amount of the bid was poorly worded so as to not be consistent with the bid figure; the total amount of the contract did not appear on the EPA form 4700 -5; the subcontractor bid prices were rounded off on the EPA form 4700 -5; a minor inconsistency in the name of the subcontractor as listed on the EPA form 4700 -5 and the subcontractor listing (Lewis vs. Willis) with�all other information pertaining to the subcontractor being consistent, and WHEREAS, the Council for the City of San Luis Obispo has determined the aforementioned irregularities in Kaweah's bid to be minor, and WHEREAS, the second low bidder, Kaweah Construction, has otherwise complied with the requirements of the bid specifications and has been determined to be a responsive / responsible bidder, and WHEREAS, the State Water Resources Control Board requires the City to resolve the protest to the award of this contract prior to granting Approval To Award. NOW, THEREFORE, BE IT RESOLVED, the City Council for the. City of San Luis Obispo does hereby reject the low bid of Alder Construction as non - responsive, waives the irregularities found A- 124 -90 -C6 R AQ7A P �( Resolution no. 6974 (1991 Series) in Kaweah Construction's bid as minor, and awards the contract for construction of the Unit 3 Wastewater Treatment Plant Improvements, City Plan No. R -28S, to the next low responsive/ responsible bidder, Kaweah Construction, in the amount of $13,091,015. BE IT FURTHER RESOLVED THAT, award of this contract is contingent upon receipt of the Approval To Award document from the State of California Water Resources Control Board. Upon motion Of Councilman Rnalman seconded by Mayor Dunin and on the following roll call vote: AYES: Councilman Roalman, Mayor Dunin, Councilmembers Pinard, Rappa, Reiss NOES: None ABSENT: None the foregoing resolution was adopted this 7th day of May , 1991. ayor Ron Dunin Attest: Pam Voges, Ci uvNClerk Approved: William T. Hetland, Utilities Director E. Moss, Wastewater Division Manager a��av; S �r 0��^ � l RESOLUTION NO. 6973 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2017 LOCATED AT 570 DANA STREET. (James and Mary Duenow, Subdividers) WHEREAS, the City Council made certain findings concerning Tract No. 2017 as contained in Resolution No. 6867 (1990 Series), and WHEREAS, all conditions required per said resolution have been met, and /or are conditions of the building permit, and WHEREAS, the final map is in substantial conformance with the approved tentative map. NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2017 is hereby approved. On motion of Councilwoman Rappa , seconded by and on the following roll call vote: Councilman Roalman AYES: Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 7t4 day of May , 1991. ®� unin `-AT T CI Y CLERK IvDam Voges R 6973 Resolution No. 6973 (1991 Series) Page two APPROVED: 4yc, Admin ratio Office ity En sneer N: \mdocs \T2017FM.wp �I ��r. APB � � �9 . � �r� ,��,,� � ��� ��� ii, r . _: RESOLUTION N0: 6972 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR'TRACT NO. 2044 LOCATED AT 225 Prado Road. ( Prado Corporate Center, Subdivider) WHEREAS, the City Council made certain findings concerning Tract No. 2044 as contained in Resolution No. 6904 (1990 Series), and WHEREAS, all conditions required per said resolution have been met, and /or are conditions of the building permit, and WHEREAS, the final map is in substantial conformance with the approved tentative map. NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2044 is hereby approved. On motion of Councilwoman Rappa , seconded by Councilman Roalman and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 7th day of May , 1991. ATT T: C: Y CLERK m Voges .- - MAYOR Ron Dunin R 6972 r Resolution No. 6972 (1991 Series) Page two APPROVED: City A ministrative Officer y t rn Commu ity evelopment Director City sneer jkl /T2044F?4 Cp9 � . �� ,,3) \X � RESOLUTION NO. 6971 (1991 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT (CONSENT TO COMMON USE) BETWEEN THE CITY AND PACIFIC GAS & ELECTRIC COMPANY TO CONSTRUCT A 16 -INCH WATER MAIN WITHIN PG &E'S RIGHT -OF -WAY WHEREAS, the City has approved construction of a 16 -inch water main to be constructed between Broad Street and the Edna Saddle water tank in conjunction with Tract No. 1360 (Unit II), and WHEREAS, the 16 -inch water main crosses Pacific Gas and Electric Company right -of -way, and WHEREAS, Pacific Gas and Electric Company has prior rights and requires that a "consent to common use" be executed, NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The agreement between the City and Pacific Gas and Electric Company is hereby approved, and the Mayor is authorized to sign the agreement. The City Clerk shall transmit the original agreement to PG &E for recording purposes.. n On motion of Councilwoman Rappa , seconded by Councilman Roalman and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pina =d, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 7th day of May , 1991. R 6971 O �1 Resolution No. 6971 (1991 Series) Page Two. APPROVED: City A inistrative Officer jkl /pge -agr by Sop"- ON -- X231 -/2- Olo /Z AGREEIENT.N0. A- 25 -91 -CC CONSENT TO COMMON USE THIS AGREEMENT, entered into this ' 4 day of AAo r6G , 19 q I , by and between PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "Company ", and the City of San Luis Obispo , hereinafter called "Agency ", WITNESSETH WHEREAS, Company is the owner in possession of certain rights of way and ease- ments, hereinafter referred to as "Company's easement ", described as follows: The easement from Aurelio Brughelli and Irene Brughelli, husband and wife, by the deed dated September 18, 1953 abd recorded in Volume 730 of Official Records, at page 235, San Luis Obispo County Records (R /W #1259 -65). .Cory A- 25 -91 -CC (R 6971) 62 -4214 FG 1 OF 4 and -2- WHEREAS, Agency has acquired certain lands for Waterline purposes in the vicinity of San Luis Obispo , County of San Luis Obispo , hereinafter referred to as "Agency right of way ", and WHEREAS, the Agency right of way occupies a portion of Company's easement and is subject to said easement, which said portion is hereinafter referred to as "Area of Common Use" and is described as follows: The area outlined by heavy dashed lines on the drawing attached hereto and made a part hereof. P.G. AND E. CO. COPY 62 -4214 PG 2 OF 4 -3- NOW, THEREFORE, Company and Agency hereby mutually agree as follows: 1. Company -hereby consents to the construction, reconstruction, maintenance or use by Agency of a 20 foot wide waterline strip over, along and upon Company's easement in the area of common use subject to Company's right and easement to use said area of common use for all of the purposes for which Com- pany's easement was acquired and to the terms and conditions herein contained. Company does not by this consent and shall not be deemed to subordinate its rights in the area of common use to any use which Agency shall make of said area. 2. Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement or the priority thereof over the title of Agency in said area of common use. Both Agency and Company shall use said area of common use in such a manner as not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construed as a.release or waiver of any claim for compensation or damages which Company or Agency may now have or may hereafter ac- quire resulting from the construction of additional facilities or the alteration of existing facilities by either Agency or Company in such a manner as to cause an unreasonable inter- ference with the use of said area of common use by the other party. COQ ?Y: 62 -A214 PG 3 OF 4 -4- 3. This agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officials thereunto duly authorized. Mission Trail Region Los Padres Division MB -SLO 115KV Dr.# 207389 Sec. 2, T31S, R12E, MDB&M. NE /4 SE /4 File # 91099 Ref: R /W# 1259 -65 1' DEPT. N-r✓. PACIFIC GAS AND ELECTRIC COMPANY By-- William A. Utic Acting Region General Services Manager Attest - -- - MAYOR Attest CITY LERK PAM E_ CG. 62 —A224 PG L OF d r ^``• 62-4203 (Carporabon) Rev. 1/83 STATE OF CALIFORNIA ss. Counij, of ..... &X)a+.ft .... Qfjg�.r.q ........... I I On this ..... day in the year 19.3.1.... before the ............. jb.6n ... M.!.... �7� ........................... . .. . a Notary Public for the State of California, personally appeared ................. LL) ... A ......... (.1±A.0 ... ............ .............. . PgjjefWi6 �fww;;4ame-(hrproved to me on the basis of satisfactory evidence to be the person( g) who executed the within instrument as 3 P7or on Official Seal acorporation, and acknowledged to me that the corporation executed it pursuant to its I by-laws or a resolution of its board of directors. OFFICIAL SEAL JOHN M Ry F F@Z: NOTM PUBLIC CALIFORNIA SANTA COUNTY CLARA COUNTY M my y dmk expires 2-1, 1293 com expires AUG �kUG 2 (�A ............ ............................... - -------- - ---- - --- Notary Public for I Stale of California E445DnEAJ FZOM AUEELID 8P- (/OAEL L l s 12EAUE ZEBU 14ELL / NusaAAZD s iurAIE: /S s /9.5- A— 012A=:0 : VOL. 730 O.R. 735 �- L-7-d/Tf' CAJ 045E -7 � sE EIXJ dc' WATE- eLlAJE EAS�IEJIJ7- 0 MIS'51CAJ 7FAIL 1�IOAJ L05 JFAD= DI V/S/DAJ MB - 5L.0 115�V q=73B c7 AI,F-/� 5E14 fLf, Z T. 3/S. EIL) -'Jr /Z5c7- 6s ' ,F./ZE. /'Y/ZMBSM. APPROVED BY REV. DATE DESCRIPTION GM OWN. CHKD. S_UPY. APVD. GM eCA15ElU7- TD �' i{'l; GrC/ TLL5EUST l/5 O/STCHKD. Fp2 /� ��� ���L PACIFIC GAS AND ELECTRIC COMP v DSGN ' OWN. ._ /cc SHEETSO.K NUMBER REVT SCALE 70 �(h 't'� SAN PRANCISCO. CALIFORNIA ��� RES.,t,UTION NO. 6970 (199, oeries) 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 personal property listed in Exhibit A attached and incorporated herein by reference are surplus property. SECTION 2. Disposal of the property shall be made 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 interests of the City. On motion of Councilwoman Rap - seconded by Councilman Roalman , and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted the 7th day of May, 1991 Mayor Ron Dunin A 7ST: P Voges, (i y Clerk ... n cn�n C' SURPLUS PROPERTY LIST Estimated Eauiument Value Cement Mixer $150 Aerator 700 Mower 25" 200 Mower 72" 750 Grounds groomer 200 Total $2,000 �, . ,�� �� ,, X �����- �. RESOLUTION NO. 6969 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING ASSEMBLY BILL 1423 AND SENATE BILL 235 WHEREAS, the City Council of the City of San Luis Obispo is committed to meeting or exceeding the recycling and waste reduction requirements of the California Integrated Solid Waste Management and Recycling Act (AB 939, 1989); and WHEREAS, a key to the long term success of recycling in California depends on a balanced strategy of creating incentives and implementing programs for the collection of recyclables, while stimulating material demand through thoughtful recycled material market development efforts; and WHEREAS, the legislature and Governor in 1989 adopted AB 1305, a successful recycled newsprint market development program mandating minimum levels of recycled content in newspaper; and WHEREAS, Assembly Bill 1423 by Assembly Member Michael Gotch and Senate Bill 235 by Senator Gary Hart would, if adopted, establish similar minimum recycled content requirements on all paper, glass, aluminum, steel and plastic containers sold in this state. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo does hereby: 1. Convey our support for AB 1423 to Assembly Member Michael Gotch, our assembly and senate representatives, Assembly Member Byron Sher; Chair of the Assembly Natural Resources Committee, and the California League of Cities and County Supervisors Association of California. 2. Convey our support for Senate Bill 235 to Senator Gary Hart, our assembly and senate representatives, Senator Dan Mccorquodale, Chair of the Senate Natural Resources and Wildlife Committee, and the California League of Cities and County Supervisors Association of California. 3. Direct our legislative representative to join with representatives of the League of Cities, the County Supervisors Association of California, Sierra Club California, the Planning and Conservation League, and Californians Against Waste in working for the passage of AB 1423 and SB 235. R 6969 Resolution No. 6969 (1991 Series) upon motion of Councilwoman Rappa , seconded by Councilman Roalman 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 7th day of May 1991. ATT S r) PAME VOGES, IT CLERK APPRO City Ahministrative Officer absb /cb#a YOR RON DUNIN M .'4 e RESOLUTION NO. 6968 (1991 Series) A.RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING ASSEMBLY BILL 750 WHEREAS, the City Council of the City of San Luis Obispo is committed to recycling and waste reduction plans and programs in order to meet the requirements of the California Integrated Solid Waste Management and Recycling Act (AB 939, 1989); and WHEREAS, Assembly Bill 750 by Assembly Member Burt Margolin would provide a financial incentive for the collection for recycling of the more than 325,000 tons of wine and liquor containers littered and landfilled in California annually; and WHEREAS, the total cost to local government in California for the collection and disposal of wine and liquor bottles is estimated at.more than $20 million annually; and WHEREAS, in the months since consumer refund values were increased to two - for -a- nickel under California's beverage containers recycling program recycling rates have increased significantly; and WHEREAS, the enactment of AB 750 will assist the City of San Luis Obispo in meeting the objectives of the California Integrated Solid Waste Management and Recycling Act. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo does hereby: 1. Support Assembly Bill 750. 2. Convey our support for AB 750 to Assembly Member Burt Margolin, our assembly and senate representatives, Assembly Member Byron Sher, Chair of the Assembly Natural Resources and Wildlife Committee, and the California League of Cities and County Supervisors Association of California. 3. Direct our legislative representative to join with representatives of the League of Cities, the County Supervisors Association of California, San Diego Association of Governments, Sierra Club California, the Planning and Conservation League, and Californians Against Waste in working for the passage of AB 750. Resolution No. 6968 (1991 Series) Upon motion Of Councilwoman Rappa , seconded by Councilman Roalman 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 7th day of May 1991. YOR RON DUNIN _. ATT S PANVLA VOGES, C CLERK Public Works Director ab750 /cbfa DDUM) I g RESOLUTION NO.6967 (1991 SERIES) A RESOLUTION APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE GENERAL ALLOCATION OF THE STATE CDBG PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council has reviewed and hereby approves the CDBG application attached as Exhibit "A" and incorporated by reference. The application requests a total of $438,000 in CDBG funds to: 1. Acquire property located at 750 Orcutt Road in San Luis Obispo for a Homeless Shelter Program- $260,000 2. Rehabilitate the house located on the property - $120,000 3. Make the final lease payment for the modular homes located on the property - $28,000 4. Provide funding for general grant administration - $30,000 SECTION 2. The City Council has reviewed the citizen participation plan for \ compliance with federal statute and has determined that this plan 1 was followed for the development of this application. SECTION 3. The City Administrative Officer is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application. R 6967 Resolution No. 6967(1991 Series) Page Two SECTION 4. If the application is approved, the City Administrative Officer is authorized to enter into and sign the grant.agreement with the State of California for the purposes of this grant. Upon motion of Councilman Roalman , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Roalman, Rappa, and Mayor Dunin NOES: Councilwoman Pinard ABSENT: Councilman Reiss the foregoing resolution was adopted this 29th day of April , 1991. or Dun ATTE Pam oges, C' Jerk APPROVED: City A(ninistrative Officer DMcdbg -res \l-l' I A 1 RESOLUTION NO. 6966 Resolution to adopt a lease agreement with the Housing Authority for City -owned property located at 1090 Orcutt Road in San Luis Obispo, California Note to File: This resolution was discovered missing on December 8, 1992 by Jamie Burlett, City Clerk Secretary ���0 RESOLUTION NO. .6965 (1991 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING CONDOMINIUM CONVERSION APPLICATION FOR NINE UNITS AT 3150 ROCKVIEW PLACE (CON 91 -01) WHEREAS, an application has-been made for conversion to condominiums of nine units at 3150 Rockview Place; and WHEREAS, based on the statements of staff and the applicant, and all materials on the application forwarded to the council in the April 16, 1991 agenda packet, this council finds that the conversion is appropriate based on the following findings and subject to the foll owing conditions and exception: SECTION 1: Exception to Property Development Standards An exception to the requirement for a minimum conversion project size of ten units is hereby approved, based on the following findings: 1. Compliance with the project size limit would not be. practical due to the number of units existing on the site. 2. The exception will not constitute a grant of. special privilege inconsistent with the limitations on other properties in the same vicinity with the same zoning. 3. No feasible alternative to authorizing the exception would satisfy the intent of city policies which encourage provision of variety of rental and individually- owned units in all price ranges within the city. 4. Exceptions to the open space minimum dimension requirements shall be approved if. . deemed to be an 'appropriate alternative by the Community Development Director at the time of tentative map approval. SECTION 2. Findines 1. All provisions of the Condominium Development and Conversion Regulations have been or will be met, with the exception to property improvements noted above. 2. The proposed conversion is consistent with the general plan. 3. Adequate facts exist to support the following findings required by the State Subdivision Map Act: A. The site is physically suited for the type and density of development allowed in the R -2 -S zone. R 6965 Resolution No. 6.965 CON 91 -1 Page 2 (1991 Series) �1 B. The design of the condominium conversion and the proposed improvements are not likely to cause serious health problems, or substantially and avoidably injure fish or wildlife or their habitat. C. The design of the condominium conversion or the type of improvements will not conflict with easements for access through (or use of property within) the proposed condominium conversion. 4. The proposed conversion will not displace a significant number of low- income or moderate - income households or senior citizens at a time when no equivalent housing is readily available. 5. The proposed conversion is subject to conditions of approval which will ensure substantial compliance with building and housing codes and zoning regulations which are currently in effect. SECTION 3. Conditions 1. Applicant shall provide one additional parking space or bike racks which meets city Parking and Driveway Standards, to the approval of the Community Development Director. 2. Applicant shall "refurbish and repair fire safety equipment, to the approval of the Fire Marshal. Applicant shall.install fire sprinklers in the back two buildings. 3. Applicant shall refurbish and repair the structures and builidng service equipment (piping, wiring, heaters, etc.) as recommended in the property condition report, and to the approval of the Chief Building Official. 4. Applicant shall renovate existing landscape areas and irrigation systems, consistent with. city guidelines for water conserving landscaping, to the approval of the Community Development Director. 5. Applicant shall retrofit all units in accord with the city's allowed retrofit program With low -flow plumbing fixtures to the maximum extent determined feasible by the Community Development Director. 6. Applicant shall install separate water and other utility meters at each unit. NOW, THEREFORE, BE IT RESOLVED by the .Council of the City of San Luis Obispo that the application referred to hereinabove hereby is approved. Resolution No. 6955 (1991 Series) CON 91 -1 Page 3 On motion of Councilwoman Rappa , seconded by Councilman Roalman , and on the following roll call vote: APES: Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin NOES: :None ABSENT: None the foregoing resolution was passed and adopted this 16th day of April , 1991. ayor Ron Dunin ATTEST: - City fldfk Pam V s APPROVED: rty A trative Officer L5 kk O't� I .-1 1 .� RESOLUTION NO. 6964 .:(1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A TENTATIVE MAP FOR TRACT 20591 CREATING A 5 -UNIT OFFICE CONDOMINIUM AT 862 MEINECRE AVENUE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. TENTATIVE MAP. That this council, after consideration of public testimony, Tentative Map 2059 and the subdivider's supporting information, the Planning Commission's recommendation, and the Community Development Director's recommendations and reports thereon, hereby approves Tentative Map 2059 creating a 5 -unit, air -space office condominium, as shown in Exhibit "A" attached, with the following findings and subject to the following conditions: I� Findings 1. The design of the subdivision is consistent with the general plan, subdivision and zoning regulations. 2. The site is physically suited for the type and density of development allowed in an O (Office) zone. 3. The design of the tentative map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will not conflict with easements for access through (or use of property within) the proposed subdivision. 5. The proposed subdivision is categorically exempt from environmental review under the California Environmental Quality Act and the City's Environmental Guidelines (Existing T I/ I I Resolution¢ 36'. `. 6964 �.oage 2 Facilities, Section 15301(0)). Conditions: 1. Subdivider shall submit a final map to the city for review, approval and recordation. 2. Subdivider shall provide individual utilities to each unit (telephone, electric, gas, water, and cable TV) to the satisfaction of the public utility agencies and the City Engineer. 3. Final map shall note a blanket easement over the common lot area, except under the structures, for access to, installation and maintenance of underground public utilities serving the site, to the approval of the City Engineer and affected utility companies. 4. Subdivider shall prepare covenants, conditions and restrictions (CC &R's) to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall include the following provisions: a. A property owners association shall be created to enforce the CC &R's and provide for professional, perpetual maintenance of common areas including but not limited to driveway, parking lot, landscaping, utilities, and building exteriors. b. Grant to the City of San Luis Obispo the right to maintain common areas if the property owners association fails to do so and to assess said association for expenses incurred. C. All parking spaces provided ;in the project shall be available for use by all of the individual owners. d. There shall be no change in city- required provisions of the CC &R's without prior approval of the Community Development Department and City Attorney. On motion of Councilman Reiss seconded by Councilwoman Rappa and on the following roll call vote: tasolution`No:.6964 page -3 =- i AYES: Counclmembers Reiss, Rappa, 'Pinard, Roalman, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and'adopted this day of April , 1991. BY: Kim Condon, Assistant City Clerk APPROVED: 16th �i g "'a i 2 eji� i S iat E s S?Si i wVto !!rQ � I .z I 11� . 111T�l '— t-t.xtl'i �J � .. _ _L Lill � ;........... • i '' 4 I d , ^6A T ! 0 a. j^ L . by o= ti ti c =E o a � ! 1 'c 3I s s 3 = a T a Q m J a o ' J LL � o z W ------ j, N i h -: Il x e. I f,•, � �. - I a Ai N as C3 0 0 a. j^ L . by o= ti ti c =E o a � ! 1 'c 3I s s 3 = a T a Q m J a o ' J LL � o z W ------ j, N F.3Q-IIBIT "N' I 6[3 H'3 F H C] H I i h Il e. I f,•, � �. - I a Ai F.3Q-IIBIT "N' I 6[3 H'3 F H C] H I �� ��� �� �� �-,�� 1�� r'� �� RESOLUTION NO. 6963 (1991 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE PARKING STRUCTURE RATES OF THE FIRST 90 MINUTES FREE, 40 CENTS PER HOUR AND $3.20 PER DAY MAXIMUM WHEREAS, the City of San Luis Obispo wishes to increase the usage of its two parking structures; and WHEREAS, the business community supports the option of offering limited free parking in the parking structures; and WHEREAS, the Ad Hoc Parking Revenue, BIA, and Parking Management Committees have considered this option and recommended 90 minute free parking in the City's parking structures. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: A. Effective May 1, 1991 all city parking structures in the downtown shall offer the first 90 minutes free parking. B. The new hourly rate for said parking structures shall be 40 cents per hour with a maximum of $3.20 per day. On motion of Councilman Roalman , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Roalman, Rappa, Pinard, and Reiss NOES: Mayor Dunin ABSENT: None the foregoing resolution was passed -and adopted this of April ,1991. 6 16th day R 6963 Resolution N0. 6963 Page Two ATTEST (1991 Series) CIYY CLERK ( PAM VOGES BY: ASSISTANT tTpfY CLERK KIM CONDON APPROVED: C TY ADM NISTRATIVE OFFICER PUBLIC WORKS DIRECTOR 1 PARTING MAXAGIR �O• •O r r _ Resolution N0. 6963 Page Two ATTEST (1991 Series) CIYY CLERK ( PAM VOGES BY: ASSISTANT tTpfY CLERK KIM CONDON APPROVED: C TY ADM NISTRATIVE OFFICER PUBLIC WORKS DIRECTOR 1 PARTING MAXAGIR �O• •O �;�r C; d Q ,\ �� �� �� �,� ��� - ,. 'ALI -� RESOLUTION NO. 6962 (1991 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING AN ADDITIONAL $10 PENALTY FOR LATE PAYMENT OF PARKING CITATIONS AFTER 60 DAYS FROM ISSUANCE OF THE CITATION WHEREAS, the City Council has directed the BIA to establish a program to discourage employees from parking in prime downtown spaces; and WHEREAS, the BIA Board of Directors and BIA and Parking Management Committees concur with the employee parking problem; and WHEREAS, the City of San Luis Obispo has a concern with the number of habitual violators of parking regulations; and WHEREAS, the parking program has a need to increase parking revenues; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: A. Effective. June 1, 1991 all parking citations written in the City of San Luis Obispo will have an additional $10.00 penalty assessed to each ticket. B. The additional $10.00 penalty will be imposed 60 days from the date of issuance of the citation if any outstanding balance is unpaid at that time. On motion of Councilman Roalman ,seconded by Councilwoman Rappa , and on the following roll call vote: AYES: Councilmembers Roalman, Rappa, Pinard, and Reiss NOES: Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this 16th day of April , 1991. R 6962 Resolution No. Page Two ATTEST /CIT SS CLE PAr BY: LSTANT T5 APPROVED: 6962 (1991 Series) VOGES CLERK KIM CONDON MAYOR RON DUNIN i F. PUBLIC • DIRECTOR P ING MANA R ol U • Y I O V Appendix B RESOLUTION NO. 6961 (1991 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE MANDATORY WATER CONSERVATION IMPLEMENTATION POLICY STATEMENT WHEREAS, the City of San Luis Obispo has experienced consecutive years with lower than normal rainfall which resulted in lower than normal reservoir storage levels. Using historic water hydrology and demand information, the City developed and adopted its Annual Water Operational Plan of 1985 under which reductions in demand are required when predetermined reservoir storage levels are reached. WHEREAS, The City Council acknowledges that water is a limited resource and therefore desires to improve the effectiveness of water use within the City's service area and encourages citizens to use water wisely. To accomplish this, the City will introduce a mandatory water conservation program using the following elements: SECTION 1. This Council finds that: 1. Water use classifications are determined and established by the Director of Finance. 2. The customer of record is responsible for the water service and extent of water use. 3. The City will establish a life -line water usage allowance of 22 units per billing cycle for single meter residence. 4. The City will establish a maximum allocation of 35 units per billing cycle for single meter residence. 5. The City will establish a lifeline allocation of 16 units per unit per billing cycle for all other users. 6. The City will establish a mandatory water conservation percentage reduction allotment program for each customer class. 7. The City will establish an optional base -line standard water allocation program adjusted by the target for commercial accounts and a city average plus per capita adjustment water allocation program for residential accounts. The following conservation targets, alternative Base Units /Standard, and Adjusted Units for billing units per billing cycle are established by customer class: - , / l . Resolution 6961 Page 2 A. RESIDENTIAL Single Meter Multi - Family B. COMMERCIAL (1991 Series) Target Optional Allocation 15% 22 unit (lifeline) for 3 permanent residents + 2.0 additional permanent resident 12% 16 unit (lifeline) for 3 permanent residents per Dwelling Unit + 2.O additional units for each additional permanent resident 5% Commercial accounts will reduce over -all water consumption by 5% for each classification. C. INSTITUTIONAL 25% D. LANDSCAPE 50% 8. To encourage compliance with the mandatory water conservation program, there will be a surcharge added to the water bill if the customer exceeds the required reduction amount. The surcharge will be 100 percent of the total water bill on which the target allocation is exceeded. In,the event that the customer's consumption exceeds the established base year usage, the surcharge will be 200 percent of the total water bill. If the customer exceeds the allotment on two billing cycles within a twelve month period, a flow- restrictor may be installed in the customer's water supply line at cost to the customer, or the surcharge may be increased to a higher value. If the customer exceeds the allotment three or more billing cycles within a twelve month period, the City may reserve the right to terminate the water service. Prior to the termination of water service, the City will provide a due process hearing before the Water Conservation Adjustment Board. 9. The City, pursuant to Chapter 13.07 of the San Luis Obispo Municipal Code which prohibits wasting of water, will impose the following penalties to consumers in violation. The City may: * Issue a written "warning" for the first offense; * Issue a written citation or complaint for the second offense; * Install a flow- restrictor at the cost of the customer for the third offense; and, * Terminate water service for a fourth offense. Prior to the termination of water service, the City will provide a due .process hearing before the Water Conservation Adjustment Resolution 6961 (1991 Series) Page 3 Board. The charge for water service termination and restoration shall be 100 dollars. 10. The City shall establish a Water Conservation Adjustment Board, which may grant exceptions for uses of water otherwise prohibited by Section 13.07.070. The procedure for filing a request for exception is: * Completely fill out an application form which will be evaluated in accordance with established criteria as approved by the City Administrative Officer. * The first review will be by the Utilities Director or designees. The customer will be notified of the decision by letter. * If the water customer is not satisfied with the decision, it may be appealed to the Water Conservation Adjustment Board. * If the customer is not satisfied with the decision of. the Water Conservation Adjustment Board, it may be appealed to the City Administrative Officer whose decision shall be final. 11. Requests for exemptions and any subsequent appeals can only be made by the service customer or property owner. 12. The mandatory water conservation program will be reviewed annually by the City Council in connection with the Annual Water Operational Plan. Current guidelines exist based upon reservoir storage.levels which dictate when restrictions will be reduced,increased, or eliminated. SECTION 2. Effective Date. This program will become effective for all water billing dates after April 15, 1991. Resolution 6961(1991 series) Page 4 On motion of Councilwoman Rappa , seconded by Mayor Dunin and on the following roll call vote: AYES: Councilwoman Rappa, Mayor Dunin, and Councilman Reiss NOES: Councilmembers Pinard and Roalman ABSENT: None the foregoing Resolution was passed and adopted the 16th day of April , 1991. MAYOR RON DUNIN 1 V _CLERK __VOGES BY: ASSISTANT CITY CLERK Kim Condon UTILITIES DIRECTOR � : L� u , cll � W RESOLUTION NO. 6960 (1991 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO COMMENDING CALIFORNIA RURAL LEGAL ASSISTANCE ON ITS TWENTY -FIFTH ANNIVERSARY WHEREAS, the California Rural Legal Assistance is celebrating its twenty-fifth anniversary of representing the poor of rural California; and WHEREAS, California Rural Legal Assistance is a valuable community resource to San Luis Obispo County's disadvantaged and impoverished; and WHEREAS, California Rural Legal Assistance is the only source of free legal assistance to the County's needy; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo congratulates California Rural Legal Assistance on its twenty-fifth anniversary, and wishes it continued success. On motion of Councilwoman Pinard , seconded by councilman Roalmapand on the following roll call vote: AYES: Councilmembers Pinard, Roalman, Rappa, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this 16th day of April, 1991. APPROVED: ATTEST: BY: Kim Condon, Assistant City Clerk _--_y mayor on umn R 6960 RESOLUTION NO. 6959 (1991 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING THAT THE PROPERTY AT 663 CHURCH STREET MAY CONSTITUTE A PUBLIC NUISANCE, AND ORDERING A PUBLIC HEARING CONCERNING SAME AND ABATEMENT THEREOF BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council fords that the condition of the premises at 663 Church Street, and more particularly described as Lot 8, Block 124, Murray and Church's Addition, and shown as Assessor's Parcel No. 003- 641 -003 in the County of San Luis Obispo, may constitute a public nuisance. 2. This Council intends to hold a public hearing in the Council Chambers at 7:10 p.m. on May 21, 1991, to ascertain whether said premises constitute a public nuisance which may be abated in accordance with Chapter 8.24 of the San Luis Obispo Municipal Code. 3. The facts forming the basis for the hearing are that the premises are maintained in such a manner so as to constitute a fire hazard. Trash and combustible materials are stored around the house to such a degree that a serious and ongoing life -safety hazard is presented. 4. The possible methods of abatement include removal of the items and materials constituting the fire and health hazard, rehabilitation, repair, or demolition of the premises, or other appropriate action, the cost of which will constitute a lien upon such premises until paid. 5. The City Clerk is directed to provide notice as required by San Luis Obispo Municipal Code Sections 8.24.050 and 8.24.060 as follows: A. Within thirty (30) days after the passage of this Resolution and at least fifteen (15) days before the time fixed for the public hearing, the City Clerk shall cause to be conspicuously posted on the premises at 663 Church Street a certified copy of this Resolution, and a notice of the time and place of hearing before the Council, in a style and form as set forth in more detail in Section 8.24.050. B. At least fifteen (15) days before the time fixed for the public hearing, the City Clerk shall cause to be served on each of the owners of the property at 663 Church Street one copy of the notice of public hearing and a certified copy of this Resolution of the Council. Service shall be upon those persons described in greater detail in Section 8.24.060 and in the manner as provided R 6999 n Resolution No. 6959 Page Two therein. (1991 Series) On motion of Councilwoman Pinard , seconded by Councilman Roalman and on the following roll call vote: AYES: Councilmembers Pinard, Roalman, Rappa, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of April 1991, ayor Ron Dunin BY: Assistan-E—rity Clerk Kim Condon * * * * * * * * * * * * ** APPROVED: C*Ad' tive Officer ire Chief U-2�4 Ael t tto ey ew f RESOLUTION NO. 6958 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DEDICATING SEWER FUND USER CHARGE REVENUES FOR REPAYMENT OF THE STATE REVOLVING FUND LOANS. WHEREAS, the City of San Luis Obispo has need to complete improvements to its wastewater facilities in order to attain compliance with the provisions of its National Pollutants Discharge Elimination System permit, and WHEREAS, the City is seeking State Revolving Fund (SRF) loans for completion of the required improvements, and WHEREAS, on June 12, 1990. the Council for the City of San Luis Obispo approved a revenue program and rate increases sufficient to cover repayment of the SRF loans and continued operating and capital programs for the City's wastewater program, and WHEREAS, the State of California Water Resources Control Board requires dedication of said revenues for repayment of the SRF loans. NOW, THEREFORE, BE IT RESOLVED, the City Council for the City of San Luis Obispo does hereby dedicate sewer fund user charge revenues to repayment of any and all SRF loans for SRF Projects No.s C -06- 4031 -130, 150 and 160. This dedicated source of revenue shall remain in effect until such loan or loans are fully discharged under modification or change of such dedication is approved in writing by the State Water Resources Control Board. Upon motion of Councilwoman Pinard , seconded by Councilman Roalman and on the following roll call vote: AYES: Councilmembers Pinard, Roalman, Rappa, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this 16th day of April 1991. ATTEST: Voges\,--City Clerk BY: Kim Condon; Assistant City Clerk Mayor Ron Dunin R 6958 Resolution No. 6958 (1991 Series) Approved: John Dun , City Administrative Officer e J g e , City Attorneyjj' William Statler, inance Director 'G� �' •. C \tea' �� �\\\ .: .._ RESOLUTION NO. 6957 (1991 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A MODIFICATION OF THE PARKING MANAGEMENT PLAN TO OFFER 10 HOUR METER PERMITS AT A REDUCED RATE FOR QUALIFIED RESIDENTS WHEREAS, the City Council approved a revised Parking Management Plan in July 1990; and WHEREAS, the revised Parking. Management Plan provided for the establishment of special 10 -hour parking meter permits; and WHEREAS, one'of the goals of the Parking Management Plan is to protect the character of downtown and surrounding commercial and residential zones; and WHEREAS, the Parking Management Committee has considered the need for residential parking at 10 -hour meters and recommended a reduced rate for qualified residences. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: A. Residents with 10 -hour meters in front of their residences shall be eligible to purchase 10 -hour meter permits at the reduced rate of $5 per year. B. The maximum number of residential 10 -hour meter permits issued each year shall be set at two per household with one permit issued per applicant. Permits will only be valid on the applicant's block of residence or one block in any direction of their residence which has 10 -hour meters. Permits will be subject to overnight parking prohibitions, and are not valid in any other restricted areas. C. Proof of residency shall be required for each applicant and can be met by producing utility bills, vehicle registration, driver's license or other approved means in the name of the resident applicant. D. The permit shall be non - transfer: -.able and any misuse., fraudulent application or vacating of premises by applicant shall immediately void the permit. R 6957 Resolution No. 6957 (199LSeries) Page Two on motion Of Councilwoman Pinard seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Pinard, Reiss, Rappa, Roalman, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 16th day of April, 1991. J DUNIN ATTEST I A= -CTTy LER PAM VOGES BY: Aqqi§TANT LERK KIM CONDON APPROVED: CITY T INISTRATIVE OFFICER PUBLIC WORKS DIRECTOR" C RESOLUTION NO. 6956 (1991 Series) A RESOLUTION OF COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING TRAFFIC WORK ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The Traffic Work Orders for the period of January 1, 1991 through March 31, 1991 are hereby approved. On motion of Councilwoman Pinard , seconded by Councilman Roalman , and on the following roll call vote: AYES: Councilmembers Pinard, Roalman, Rappa, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of April , 1991. eoo YOR on Dunin ATTEST: `CITi: CLE Pam Voges BY:' .ASSIST CITY CLERK Kim Conddh APPROVED: torms/mkord by R 6956 L�I' C) N Al ���► ►��IIIIIII�i��'w► III city of San LUIS OBE spo A COUNCIL AGENDA REPORT 0l;E (e 9.5� MEETING DATE: April 16 1991 ITEM NUMBE FROM: David F. Romero, Public Works Dire for 2�3e Wayne A. Peterson, City Engineer Prepared by: John Rawles, Engi Bering Assistant /Traffic SUBJECT: Traffic Work Orders for the Period of January 1, 1991 through March 31, 1991. RECOMMENDATION: Pass Resolution Approving Traffic Work Orders for the Period of January 1, 1991 through March 31, 1991 BACKGROUND: The City Engineer has, over the past three months, issued work orders making changes to improve safety and operation of the street system and parking facilities. Of these work orders, 25 percent were parking related; 29 percent were for changes in signing; 29 percent were red curbing requests, 14 percent were changes in pavement markings; and 3 percent were for signal timing changes. It has been Council's policy in the past to accept this report on a quarterly basis. This report satisfies this past policy. FISCAL IMPACT: Minor implementation costs associated with street maintenance. RECOMMENDATION: Pass resolution appproving traffic work orders for the period of January 1, 1991 through March 31, 1991. Completed traffic work orders are available in the Council Office for review. Jrl/wrk -ord Cv {.i J c RESOLUTION NO. (1991 . Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING TRAFFIC WORK ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The Traffic Work Orders for the Period of January 1, 1991 through March 31, 1991 are hereby approved. On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of , 1991. ATTEST: CITY CLERK APPROVED: MAYOR forms /wrkord by RESOLUTION NO. 6955 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO PROCLAIMING APRIL 6 THROUGH APRIL 22, 1991 AS EARTH DAY CELEBRATION WHEREAS, the people of the City and County of San Luis Obispo will celebrate Earthy Day with a full week of events, culminating in the Earth Day Faire; and WHEREAS, events throughout the county will begin on April 6th and go through April 21st; an Earth Day Faire will be held on April 21st; an Earth Day Faire will be held on April 21st at El Chorro Regional Park from 10:00 a.m. to 5:00 p.m.; and WHEREAS, Earth Day 1991 activities and event will educate all citizens on the importance of their environment and promote an environmental awareness; and WHEREAS, Earth Day 1991 will involve business, media, religious, political, labor, academic, cultural and environmental leaders in an effort to reach beyond.existing environmental constituencies; and WHEREAS, cities and counties have an important role to play in Earth Day to help solve the environmental and natural resource problems because local government agencies make many important decisions that shape our environmental future; and WHEREAS, local governments can make a substantial contribution towards building understanding of programs such as ride- sharing, recycling, energy and water conservation, and hazardous waste reduction by supporting Earth. Day 1991. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo proclaim April 6th through April 22nd as "Earth Day Celebration 1991," in the City of San Luis Obispo, and urge the citizens of our community to observe this period as a time for environmental awareness and action, through participation in community programs, events and.activities. Councilwoman Councilman Upon motion of Rappa , seconded by Roalman , 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 3rd day of April , 1991. R 6955 Resolution No. 6955 (1991 Series) Page Two ATTEST: Pam Iroges, City Cl 0 C 1 -v WINTO 111111 - -� l �' ao RESOLUTION NO. 6954 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING STANDARD SPECIFICATIONS FOR CONSTRUCTION OF PUBLIC WORKS PROJECTS WHEREAS, the Engineering Division of the Public Works Department is responsible for the preparation of Specifications for Public Works Projects, and WHEREAS, specifications are necessary to ensure that Contractors of Public Works facilities construct projects to minimum acceptable standards and follow existing laws to protect the health, safety and welfare of the public, and WHEREAS, legally adopted Standard Specifications are necessary to provide "design and plan immunity" thereby protecting the City from possible liability, WHEREAS, the existing specifications are in need of updating and reorganization to provide improved ease of use and clear direction to Contractors, and NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo, California hereby: 1. Approves a booklet prepared by the Engineering Division of the Public Works Department setting forth Standard Specifications for construction of Public Works projects, entitled "Standard Specifications," attached hereto marked Exhibit "A" and incorporated herein by reference, and 2. Authorizes the Public Works Department to prepare and maintain a supply of said booklet for distribution. n encl. \ � 1 �f Resolution No. 6954 (1991 Series) Page Two. 3. Directs the City Engineer to incorporate these "Standard Specifications" in all construction contracts advertised by the City. On motion of Councilwoman uappa , seconded by Councilman Roalman . and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of April ; 1991. YOR Ron Dunin Public Works Director City Gngineer jh2/strds -sr by (7&1 pa I - Personnel Director A"ik —,� Utilities Director ,� � \C\���J� �. ,\ r � RESOLUTION NO. 6953 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION TO APPROVE APPLICATION NO. U 1496, AND APPROVING A USE PERMIT TO ALLOW MODIFICATIONS TO THE CITY WASTEWATER TREATMENT PLANT LOCATED AT 35 PRADO ROAD WHEREAS, the Planning Commission conducted a public hearing on application No. U 1496 on January 9, 1991, and conditionally approved the application; and WHEREAS, the applicant has appealed that decision to the City Council; and WHEREAS, the City Council has conducted a public hearing on March 19, 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 uphold the appeal and approve application No. U 1496 based on the following findings, and subject to the following amended conditions: SECTION 1. Findings 1. The proposed modifications to the treatment plant will not adversely affect the health, safety, or welfare of persons residing or working on the site or in the vicinity. 2. The modifications are appropriate at the proposed location and will be compatible with surrounding land uses. 3. The modified use conforms to the general plan and meets zoning ordinance requirements if rezoned as stated in Condition 1. 4. An environmental impact report and a supplement to the EIR have been prepared, recommended mitigation will be included, and the final approving body (City Council) can find that the project is justified despite significant noise and energy impacts, due to the overriding concern to meet water quality standards. SECTION 2. Conditions 1. Prior to construction of the cooling towers, dual -media filters, chlorine contact tanks and relocated bus storage yard, the area to be occupied by these facilities shall have R 6953 Resolution No. 6953 (1991 Series) U 1496 Page 2 been rezoned from Conservation /Open space to Public Facility. 2. A qualified archaeologist will train city public works inspectors and the project's construction contractors in how to recognize resources that may be encountered. In addition, the archaeologist will be present to make spot inspections in sensitive areas. If excavations encounter archaeological resources,, construction activities which may affect them shall cease. The Community Development Director shall be notified of the extent and location of discovered materials so that they may be recorded by a qualified archaeologist. Disposition of artifacts shall comply with state and federal laws. A note concerning this requirement shall be included on the grading and construction plans for the project. 3. Project plans shall include a planting plan emphasizing use of drought tolerant native trees to screen the cooling towers and nearby above - ground equipment from off -site views, for approval by the Architectural Review Commission. Planting in accordance with the approved plan shall be completed prior to operation of the equipment to be screened. 4. Except in emergencies (such as broken pipes), construction activities at the treatment plant will be limited to Monday through Friday, 7:00 a.m. to 6:00 p.m. Mufflers will be kept in proper condition. 5. Creekway improvements, including pedestrian and bicycle access and extensive landscaping, shall be installed as part of this project. Completion of pedestrian and bicycle trails may be deferred until connections to off -site trails are feasible. 6. Proposed future bus parking designation shall be deleted from site plan, but that portion of the site shall be rezoned for Public Facility uses. 7. The use permit shall be reviewed by the council in two years (March, 1993). At the review hearing, the council may add, delete, or modify conditions of approval, or may revoke the permit. On motion of Councilwoman Rappa, seconded by Councilman Reiss, and on the following roll call vote: AYES: Councilmembers Rappa, Reiss and Mayor Dunin NOES: Councilmembers Pinard and Roalman ABSENT: None Resolution No.. 6953 (1991 Series) U 1496 Page 3 the foregoing resolution, was passed and adopted this 19th day of March . 1991. ayor Ron Dunin ATTEST: Lu.' — Ci Clerk PaIDoges APPROVED: City A trative Officer Community a� m Cq! RESOLUTION NO. 6952. (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE GENERAL PLAN LAND USE MAP DESIGNATION FOR A PORTION OF THE PROPERTY LOCATED AT 35 PRADO ROAD FROM CONSERVATION /OPEN SPACE TO PUBLIC /SEMIPUBLIC WHEREAS, the Planning Commission conducted a public hearing on application No. GP /R 1501 on February 13: 1991, and recommends approval of the application; and WHEREAS, the City Council has conducted a public hearing on March 5, 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 of the City of San Luis Obispo resolves as follows: SECTION 1. Action Application No. GP /R 1501 is hereby approved, amending the General Plan Land Use Map designation for a ,portion of the site from Conservation/ open Space to Public /Semipublic, as shown on attached Exhibit A, and based on the following findings: SECTION 2. Findings. 1. The proposed amendment to the General Plan Land Use Map is consistent with adopted policies in the General Plan. 2. The resulting pattern of land uses will be appropriate for this section of the community. 3. The site is suited for Public /Semipublic uses. 4. The council has approved an EIR and a Supplement to the EIR for the Wastewater Treatment Plant Upgrade Project. The council has adopted mitigation measures for various impacts identified in the EIR, and has adopted a statement of overriding concerns for others, as required by the California Environmental Quality Act. R 6952 Resolution No. 6952 (1991 Series) Page 2 On motion of Councilwoman Ranoa , seconded by Councilwoman Pinard , and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, and Roalman NOES: Councilman Reiss and Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this 19th day of March , 1991. ATTEST-' 2U"" City Jerk Patvoges APPROVED: SQ ;� __ City P, instrative Officer a 'A 11 ��b �'` U� � RESOLUTION NO. 6951 (1991 SERIES) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AMENDING THE GENERAL PLAN LAND USE ELEMENT CONCERNING 145 SOUTH STREET (GP 1468) 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 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 resolves as follows: SECTION 1. Finding. The amendment maintains general plan internal consistency and promotes the public health, safety, and welfare. SECTION 2. Environmental determination. An initial environmental study has been prepared (ER 69 -89), and the council hereby approves. a negative declaration, with mitigation as contained in that study. SECTION 3. Adoption. The general plan Land Use Element map is amended as fully contained in the attached Exhibit A. The Community Development Director shall cause the change to be reflected in the documents published by the city. On motion of Councilwoman Rapp_a, seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, and Roalman NOES: Councilman Reiss.and Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this 19th day of - .March . , 1991. R 6951 C� Resolution No. 6951 (1991 Series) Page 2 APPROVED: City A �inistrative Officer gmD: 1468 - res.wp F t� fie A .ju X11 � `�� ,� � �a � ` ��r• RESOLUTION NO. 6950 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE GENERAL PLAN MAP, FROM SERVICE COMMERCIAL /LIGHT INDUSTRIAL TO HIGH - DENSITY RESIDENTIAL, FOR A CITY -OWNED PARCEL AT 1090 ORCUTT ROAD (GP /R 1505) 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 general plan amendment request GP 1505, the Planning Commission's recommendation, staff recommendations and reports thereon, makes the following findings: 1. The proposed general plan amendment and rezoning are consistent with the general plan. 2. The proposed general plan amendment and rezoning will not adversely affect the health, safety and welfare of persons living or working at the site or in the vicinity. 3. The proposed general plan amendment and rezoning will promote general plan policies which encourage preservation of housing and protection of residential areas from incompatible commercial uses, and which encourage making surplus city property available for assisted housing. 4. The proposed general plan amendment and rezoning has been evaluated under the provisions of the California Environmental Quality Act and the city's Environmental Guidelines, and the' Community Development Director's negative declaration, with mitigation, on environmental impact is hereby affirmed. SECTION 2.. The general plan amendment GP 1505 is hereby approved. On motion of Councilwoman Rappa seconded by Councilwoman Pinard , and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, and..Roalman R 6950 Resolution no. 6950 (1991 Series) GP /R 1505 1090 Orcutt Road Page 2 NOES: Councilman Reiss and Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this 19th day Of - Marrh- 1991. Mayor Ron Dunin ATTEST �r .'City Clerk pam vo es p f( 1 APPROVED: ity A 'nistrative Officer 0 3 1 � RESOLUTION NO. 6949 (1991.Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE GENERAL PLAN MAP AT 2011 CHORRO STREET AND 2012 BROAD STREET FROM NEIGHBORHOOD - COMMERCIAL TO MEDIUM - DENSITY RESIDENTIAL (GP /R 1502) 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 resolves as follows: by the Council of the City of San Luis Obispo, as follows: SECTION 1. Findings. 1. The proposed general plan amendment is consistent with the general plan land use element because it encourages the preservation of housing, protection of residential areas from incompatible commercial uses; and discourages scattered small" scale neighborhood - commercial uses in residential neighborhoods. 2. The proposed general plan amendment and rezoning 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. An initial environmental study (ER42 -90) has been prepared and the council hereby approves a negative declaration. SECTION 3. Map Amendment. The General Plan Land Use Element map is hereby amended from neighborhood - commercial to medium- density residential as shown on the attached 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 Pinard and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, and Roalman R 6949 Council Resolution No. 6949 (1991 Series) Page 2 NOES: Councilman Reiss and Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this of March 1991. Mayor -Ron Dun !J I .(, Y rDr �` - ATTEST -•.,:, =Cit.,.,Clkerk, Pam Vol-'s APPROVED: City A_ nistrative Officer Attachment: Exhibit "A", Land Use Map amendment 19th day 00 0... 0 0 040 °e e °o 00 eoo$e o0 Mount 0 4�Zi2 ,ea 4,,.-1, cm2m OP a�` �q 20t �� ,, a3 676- 5 � 7 r RESOLUTION NO. 6948 (1991 SERIES) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AMENDING THE GENERAL PLAN LAND USE ELEMENT MAP TO DELETE THE EMERSON ELEMENTARY SCHOOL DESIGNATION (GP 1497) 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 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 resolves as follows: SECTION 1. Finding. The amendment maintains general plan internal consistency and promotes the public health, safety, and welfare. SECTION 2. Environmental determination. An initial environmental study has been prepared (ER 36 -90), and the council hereby approves a negative declaration. SECTION 3. Adoption. The general plan Land Use Element map is amended as fully contained in the attached Exhibit A. The Community Development Director shall cause the change to be reflected in the documents published by the city. On motion of Councilwoman RaDUa , seconded by Councilwoman Pinard, and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, and Roalma_n NOES: Councilman Reiss and Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this 19th day of March , 1991. ayor Ron Dunin - -- - -- R 6948 Resolution No. 6948 (1991 Series) Page 2 City A inistrative Officer gmD: 1497- res.wp RESOLUTION NO. 6947 (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 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 it has addressed objections or protests to the costs of construction submitted by the Public Works Director and hereby confirms said costs as submitted 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 ". On motion of Councilman Roalman , seconded by Councilman Reiss , and on the following roll call vote: AYES' Councilmembers Roalman, Reiss, Pinard, Rappa, and Mayor DUnin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of March , 1991. Ron Dunin "..,- ATTE CITY , LERK Pam V es �. R 6947 Resolution No. 6947 APPROVED: Finance Director Public Works Director 1911act2.wp /th #1 (1991 series) ��f r � �' �' � �. ��� EXHIBIT "A" PROPERTY OWNERS LOCATION COST OF IMPROVEMENTS S.J. & B.J. Cegielski 743 Caudill $1,270.00 J.F. & M.P. Danaher 1628 Monterey 11413.75 C. Thomas 531 Branch 11800.00 Jean McNeil, etal 353 Branch 11900.00 H.J. Byzinski 543 Branch 21390..00 swexa /dfr#27 a i EXHIBIT "B" Property owners where costs are over $1,000 and who have opted for three (3) year pay -off. PROPERTY OWNER :LOCATION COST OF IMPROVEMENT G.M. Mellema 511 Branch $ 21340.00 Idella C. Nevarez, etal 323 Branch 1,870.00 Roland E. & B. Edwardes 421 Branch 1,780.00 E.L. & S. Schrenk 363 Branch 2,190.00 Ricardo C. & E. Lanez 261 Branch 1,950. ^0 Stoutenborough , M. 463 Branch 2,240.00 Woelfle, etal. 319 Branch 1,900.00 An updated list will be posted in the Council. Chamber on the day of the hearing. < 4\ RESOLUTION NO. 6946 (1991 SERIES) A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT FROM THE PLANNING /TECHNICAL ASSISTANCE ALLOCATION OF THE STATE CDBG PROGRAM WHEREAS, the City of San Luis Obispo has reviewed and hereby approves a grant application for the Women's Shelter Program, Inc., Affordable Housing Development in the amount of $24,000; and WHEREAS, the City Council has reviewed the citizen participation plan for compliance with federal statute and has determined that this plan was followed for the development of this application, including the execution of the grant agreement should the application be funded; and WHEREAS, the City Administrative Officer is hereby authorized and directed to act on the City's behalf in all matters pertaining to the application and grant agreement; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo does hereby approve the use of general Fund monies in the amount of $6,000 to be used as the City's Cash match for this project and authorizes the City Administrative Officer to sign the grant agreement. Upon motion of Councilwoman Rappa , seconded by _ Councilwoman Pinard and on the following roll call vote:. AYES: Councilmembers Rappa, Pinard, Reiss, Roalman, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this 19th day of March 1991. . --�,,R 6946 Resolution No. 6946"-,- (19 -91 Series) Page Two - - MR-' ATTEST c -Pam ges, Ci Clerk JG i APPROVED: City inistrative Officer _� ��o�� �i �� °�., RESOLUTION NO. 6945 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE PACIFIC CORPORATIONp E %TENDING TIME TO COMPLETE SUBDIVISION IMPROVEMENTS AND ACCEPTANCE OF COMPLETED PUBLIC IMPROVEMENTS FOR TRACT NO. 1376 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked "Exhibit A" and incorporated herein by reference, between the City of San Luis Obispo and The Pacific Corporation is hereby approved and the Mayor is authorized to execute the same. SECTION 2. Certain public improvements have been completed to City standards and specifications in accordance with Resolution No. 6027 (1986 Series) except as prescribed in said "Exhibit A ". SECTION 3. The completed public improvements are hereby accepted and surety is released per attached "Exhibit B" in accordance with the Subdivision Agreement. The City Administrative Officer is hereby authorized to accept Items A & C of said "Exhibit "A" and to release respective surety upon satisfactory completion. SECTION 4. The City Clerk shall furnish a copy of the executed agreement approved by it to: The Pacific Corporation, the Director of Public Works, and the Director of Community Development. R 6945 Resolution No. 6945 Page 2. (1991 Series) On motion of Councilwoman Rappa , seconded by Councilwoman Pinard , and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, Reiss, Roalman, and,.Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of March , 1991. MAYOR Ron Dunin MATTE .:� CITY LERK Pam o es APPROVED: ve Community C lic Works Director n/[l 376acc by EXHIBIT "A" AGREEMENT THIS AGREEMENT, dated this 19th day of March , 1991 by and between The Pacifica Corporation, herein referred to as "SUBDIVIDER ", and the City of San Lus Obispo, herein referred to as "City ". WITNESSETH: Reference is hereby made to that certain of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the final map of Tract No. 1376, as approved by the City Council on August 16, 1988. WHEREAS, a Subdivision Agreement was entered into between the above - mentioned parties to guarantee completion of the subdivi- sion requirements, and WHEREAS, the subdivision agreement has expired, and WHEREAS, the subdivider has completed all items except: A. Revegetation of the detention basin slopes, postponed due to the current drought. B. Replacement of certain street trees on 6 lots which had died or were apparently removed by new property owners. C. Minor slope grading and revegetation to stabilize portions of the bank along the creekway, which may not be done until after April 1, 1991 (Fish and Game permit requirement), and WHEREAS, the Subdivider agrees to maintain the creekway land- scape improvements for two (2) years from the date of acceptance, and Subdivision Agreement- Amendment Tract No.1376 Page Two WHEREAS, the Subdivider has paid $ 3250.00 to City for required street trees noted in B above (13 @ $ 250 each = $3250) which relieves the Subdivider from this obligation. The City shall be responsible for replacing the trees upon termination of the drought. WHEREAS, the Subdivider has requested an extension of the subdivision agreement to complete Items A and C noted herein. NOW THEREFORE, the subdivision agreement dated August 16, 1988 for Tract No. 1376 is hereby renewed and modified so as to extend the time of completion to July 1, 1992. If the current drought has not officially ended by this date, additional extensions may be granted by the City Administrative Officer at his discretion. All other provisions of the aforementioned Subdivision Agreement shall remain in force, except as provided for with partial acceptance and /or reduction in the amount of surety by the City Council. The City Administrative Officer shall be authorized to release any remaining surety upon completion of Items A and C. IN WITNESS WHEREOF, this agreement has been executed by: THE ACIFICA CORPO ION, a C ifornia Corpo ion �4 By Ja es E. O'Brien, Sr. Vice Pres. By: Qckthy L Gi en, Assistant Secty. OW' C m STATE OF CALIFORNIA E 0 m COUNTY OF VEW -0 SS. �'= MA�ect+ y ° On this day of m the year before me, the undersign -4 to cPl hlic in and for midi Coon and State, C .personally app �7'�+m L J CI 1 CJ R-1 and AT n T G i V EN 1 , personally (mown to me or proved te+ae en tlicafaatiac6ory evidcnee to be the w o executed the V within =trument as S ][� CiF Prudent and Seaetary on behalf of the corporation herein named and acknowledged to me that the ^� corporation executed it N a ! SigntF�L. eL. KLIiYII - N Public. m and for said County ah��State FOR NOTARY SEAL OR STAMP .-1 --- Subdivision Agreement = Amendment Tract No. 1376 Page Three a ;L ATTEST: CIT ,CLERK am Voges APPROVED AS TO FORM: APPROVED: City of San Luis Obispo By: OR Ron— M u n in APPROVED: zl � David F. Romero Public Works Director Mayne A. Peterson Cit T;n;r Arnold B. Jona Community Devel went Director P: \ferry \T1376AMD.wp � I EXHIBIT B TRACT NO. 1376 BOND REDUCTION CALCULATIONS A. FAITHFUL PERFORMANCE BONDS ON FILE 1. Sewer and Water - 2. Landscaping - 3. Grading and Drainage - 4. Streets „ Sidewalks, etc. - 5. Bullock Lane Water Main - Total $ 280,000 $ 300,000 $ 680,000 $ 11140,000 $ 176,800 $ 2,576,800 6. Withhold: a. Creek bank grading /vegetation $ 5,000 b. Revegetate detention basin slopes' $ 5,000 Total $ 10,000 7. Amount to be released a. 90% of 1,3,4 & 5 $ 21049,120 b. 90% of 2 minus 6 $ 261,000 Total $ 2,310,120 B. LABOR & MATERIALS BONDS ON FILE 1.. 50% of A. 1 -4 above $ 11200,000 2. Bullock Lane Water Main - A.5 above $ 88,400 Total $ 1,288,400 3. Amount to be released a. All L & M Bonds, except Landscaping $ 1,1381400 b. Landscaping L & M Bond less $ 51000 $ 145,000 Total $ 11283,400 C. MONUMENTATION Trust deposit (Fund 500 - 9210- 220 -130) $ 71200 D. EROSION CONTROL Trust Deposit (Fund 664 - 9210 - 220 -150) $ 20,000 * to be refunded via Public Works C D�C�b 1 `65vp�\f �a i RESOLUTION NO. 6944 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 2010 LOCATED AT 3360 ROCKVIEW PLACE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration ofithe tentative map of Tract 2610 and the Planning Commission's recommendations, staff recommendations, and reports thereof, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in an R -2 -S zone. 3. The design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will not conflict with easement for access through (or use of property within) the proposed subdivision. 5. The proposed project has been granted, and the City Council hereby approves, a negative declaration of environmental impact based on the following mitigation measures being incorporated into the project: a. The existing northbound left -turn lane in Broad Street at Rockview shall be lengthened with project development to the approval of the City Engineer and Caltrans. b. The applicant shall install a six -foot high masonry sound wall along the north property line to the rear of the outside living areas provided behind Building 4 (Lot 6). C. The recommendations contained in the submitted soils report regarding ground preparation for foundations, dewatering techniques for wet underground soils, compaction and maximum cut and fill slopes shall be followed. Vegetation removal as preparation.for R 0_0AA Resolution No.6944 Tract 2010 Page 2 (1991 Series) grading shall be consistent with tree removals shown on plans approved by the Architectural Review Commission. d. Consistent with Municipal Code Section 15.44.270, all graded surfaces shall be wetted, protected or contained in such a manner as to prevent dust or spill upon any adjoining property or street. The following measures shall constitute the project's dust management plan and shall remain in effect during all phases of that project's construction: (1.) Regular wetting of roads and graded areas (at least twice daily with complete coverage of all active areas); (2.) Increasing frequency of watering whenever winds exceed 15 mph; (3.) Cessation of grading activities during periods of winds over 25 mph; (4.) Direct application of water on material being excavated and /or transported on -site or off -site; (5.) Watering material stockpiles; and (6.) Periodic washdowns, or mechanical streetsweeping, of Broad Street and Rockview Place in the vicinity of the construction site. e. The applicant shall modify plans to show a minimum of a 10 -foot setback between top of bank of the drainage channel and structures. This would provide an adequate area for growth of mature trees, and assist in the re- establishment of the riparian habitat. f. Prior to consideration Project, the applicant hydraulic calculations flow can be adequately channel; and b) possib culverting. of the tentative map for the shall submit appropriate indicating that: a) projected accommodated in the modified Le alternatives to proposed g. The drainage shall be incorporated into the landscaping design and native riparian plants shall be planted along its banks. Resolution No. 6944 (1991 Series) Tract 2010 Page 3 h. The applicant shall incorporate new trees into the landscaping plan to compensate for trees removed to the approval of the Architectural Review Commission. i. If the Community Development Director determines that the above mitigation measures are ineffective or physically infeasible, he may add, delete or modify the mitigation to meet the intent of the original measures. 6. Reduced street yard setbacks for Building 1, Lot 1, (no less than 16 feet) and Building 9, Lot 16, (no less than 14 feet) along Rockview Place as shown on the submitted site plan are hereby approved because: a. The requested exceptions are of a minor nature. b. The reduced street yard will not adversely affect the health, safety and welfare of persons residing on the site or in the vicinity. C. The street yard reduction is appropriate at the proposed location given the inordinate amount of street frontage and will be compatible with surrounding land uses. d. The requested street yard exception is important to the design and is consistent with plans schematically approved by the Architectural Review Commission. 7. Reduced street yard setbacks to accommodate private yard areas for Lot 1 and Lots 12 -16 (Buildings 1, 71 8 and 9) along Rockview Place (no less than 10 feet) are hereby approved because: a. There are circumstances of the site, such as its steep topography, odd shape and multiple street frontages that do not apply generally to land in the vicinity with the same zoning which limit the development potential of the site and it make it more difficult to comply with all city development requirements. b. The encroaching yard areas are fairly well spaced apart so there would be a break between walls defining private yards. Given spacing, topography and proposed landscaping, the encroaching yard areas will not be visually overwhelming. Resolution No. 6944 (199.1 Series) Tract 2010 Page 4 8. A wall height exception for the proposed masonry sound wall located in the street yard along Broad Street as shown on the submitted site plan is hereby approved because: a. The proposed wall will not create any safety or visibility hazards. b. No public purpose would be served by strict compliance with Section 17.16.050 of the zoning regulations in this case. 9. An exception to the property improvement standards contained in the condominium regulations to allow other energy- saving construction techniques in lieu of solar water heating is approved based on the following: Findings a. There are circumstances of the site, such as size, shape, topography, distinct from land in the same zoning, or compliance would not be practical because of the location or site design; b. The variance will not constitute a grant of. special privilege; an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning; and C. No feasible alternative to authorizing the exception would satisfy the intent of city policies and regulations.. d. Applicant is incorporating energy conservation measures that meet or exceed those provided by solar water heating above and beyond Title 24 requirements. SECTION 2. Conditions. The approval.of the tentative map for Tract 2010 be subject to the following conditions: 1. All lots shall be served by individual sewer, water and utilities. All new utilities within the tract shall be placed underground in easements to the approval of the appropriate utility company and the City Engineer. Water meters shall be clustered in the public sidewalk to the approval of the Public Works Department and the Utilities Department. Resolution No.6944 (1991 Series) Tract 2010 Page 5 2. Sewer and water mains shall be public and to city standards. Easements over the main and access to mains shall be to the approval of the City Engineer. . 3. Final map shall note entire common lot area as a blanket utility easement ,(exclusive of buildings) acceptable to the utility companies and City Engineer. 4. All on -site driveways, nonstructural parking improvements, and utilities shall be installed as subdivision improvements. 5. Subdivider shall remove and construct full width roadway on Rockview Place per city standards with integral curb, gutter and 4 -foot sidewalk along the project side of the street, and city standard asphaltic concrete berm on the opposite side of the street to control drainage. 6. Subdivider shall install new 6 -foot integral sidewalk along the project's Broad Street frontage to the satisfaction of the City Engineer and Caltrans. 7. Subdivider shall dedicate an easement over the drainage channel for access and maintenance to the satisfaction of the City Engineer. 8. The California Department of Fish and Game shall review and approve all proposed culverting or bridging of the drainage channel. Subdivider shall be responsible for payment of all fees for such review as required by the Department of Fish and Game. 9. Subdivider shall upgrade two existing fire hydrants to the approval of the City Fire Chief and Utility Engineer. Automatic fire sprinkler systems shall be installed in all units. 10. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions: a. Creation of a homeowners' association to enforce the CC &R's and provide for professional, perpetual maintenance of all common area including private driveways, drainage, parking lot areas, walls and fences, lighting, and landscaping in a first class condition. Resolution No. 6944 (1991 Series) Tract 2010 Page 6 b. Grant to the city the right to maintain common area if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map are being met. C. No parking except in approved, designated spaces. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. Prohibition of storage or other uses which would conflict with the use of garages for parking purposes. f. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage of inoperable vehicles. g. No outdoor storage by individual units except in designated storage areas. h. No change in city - required provisions of the CC &R's without prior City Council approval. i. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association. j. Provision of appropriate "no parking" signs and red - curbing along interior roadways as required by the City Fire Department. 11. All units shall be numbered in accordance with an addressing plan approved by the Community Development Department. 12. Subdivider shall install a unit identification plan with directory at the.project entrance to the approval of the Community Development Department. 13. Subdivider shall install a 6 -foot high masonry sound wall along the site's northerly property line to the rear of the outside living areas behind Building 4 (Lot 6) to attenuate exterior noise to acceptable levels. Materials and design of the wall shall be to the approval.of the Architectural Review Commission. Resolution No. 6944 (1991 Series) Tract 2010 Page 7 14. Subdivider shall pay any applicable traffic impact fees that are adopted by the City Council prior to the recordation of the final map. 15. All garages shall be equipped with automatic garage door openers and occupants shall be provided with two remote - control units. 16. A report from a qualified mechanical engineer shall be submitted outlining how units will be constructed to provide a minimum point value of +16 to in accordance with State Energy Code to save energy equal to or exceeding the energy savings gained from installation of a solar water heating system. If the preceding condition cannot be acceptably met, then solar water heating shall be required. Design and details of collectors and systems shall be reviewed and approved by the ARC and staff. Energy savings shall exceed Title 24 requirements. On motion of M=r Dunin , seconded by Crnmrilman Reiss , and on the following roll call vote: AYES: j yor Dunin, Counci] members Reiss, and Pinard NOES: Councilmember Roa7man ABSENT: Councilmember Rappa the foregoing resolution was passed and adopted this 5th day of March 1991. ATTES City �'lerk Pam Vo ayor Ron Damn Resolution No. 6944. (1991 Series) Tract 2010 Page 8 APPROVED: City A nistrative Officer �J p � � 3 �, �� f � �� r� �`'� ,� �pQ M 1 RESOLUTION NO.69431991 SERIES) RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO CONCERNING COUNTY OF SAN LUIS OBISPO'S PROPOSED RELOCATION OF CERTAIN FUNCTIONS TO THE TRW SITE WHEREAS, the County of San Luis Obispo may relocate certain government functions to the TRW building on Laurel Lane in San Luis Obispo; and WHEREAS, the relocation of 200+ employees from the downtown . area would negatively effect an area already facing significant financial challenges; and WHEREAS, the additional loss of subsidiary -type businesses which will follow the County's relocated function will further impact the downtown in negative ways; and WHEREAS, departing from the tri -polar framework would undermine longstanding planning principles which have served the community well, including making access to local government services reasonably centralized and convenient; and WHEREAS, use of the TRW site for office purposes will reduce the limited amount of manufacturing zoning currently available in the City; and WHEREAS, several discussions have occurred between the County, the BIA, and the City during which time these concerns have been shared. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San.Luis Obispo hereby: 1. Opposes the County's proposed relocation of certain government functions to the TRW building site; and 4 L., if i Resolution No. 6943 (1991 Series) 2. Offers the assistance of the City Council and City staff in joining with the County and Business Improvement Association to identify alternative solutions for short and long term space problems now facing the County. Upon motion of Councilwoman Rappa seconded by. Councilman Reiss and on the following roll call vote: AYES: Councilmembers Rappa, Rappa, Roalman, and Mayor Dunin NOES: None ABSENT. Councilwoman Pinard the foregoing resolution was adopted this 11th day of February, 1991. A ' r on Dunin ATTES Pam ges, City lerk APPROVED: Citk Admini trative 6fficer G tyd tt ne H� res U Vo i e RESOLUTION N0.6942 (1991 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BIA FEE SCHEDULE FOR THURSDAY NIGHT ACTIVITIES BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution 6935 (1991 Series) is hereby rescinded. SECTION 2. That the Fee Schedule for Thursday Night Activities, attached hereto as Attachment 115" and incorporated herein.by reference, is approved. Recommended changes shall be made from time to time by the BIA Board of Directors for subsequent Council approval. On motion of Councilwoman Rappa , seconded by Councilwoman P.inard and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, Roalman, and Mayor Dunin NOES: None ABSENT: Councilman Reiss the foregoing resolution was adopted this ]9th day of Fehn,a 1991. ayor Ron ATTEST:.. e Pam Votes, City Y Jerk APPROVED: C't A in tra ive 0 icer ry,��Etor Aey DH \biafee R 6942 - FEE SCHEDULE THURSDAY NIGHT ACTIVITIES All fees are based on a per night basis, and must be paid in advance. Ongoing permits will be billed on a quarterly basis, and will be mailed 30 days in advance. Billing: December 1st for 1st Quarter of Jan, Feb & March March 1st for 2nd Quarter of April, May & June June 1st for- 3rd Quarter of July,, Aug & Sept . Sept 1st for 4th Quarter of Oct, Nov & Dec. All fees are due and payable prior to the beginning of each quarter, unless prior arrangements are made. Without fees or arrangements, street permit will be withdrawn prior to the 2nd week's event and will require attendance before the Thursday Night. Committee before reinstatement. FEE STRUCTURE: Barbecue ............... ... • � ... ...... ..............$ .152 (total square. footage X$.152persquare foot) Member Food Vendors.. .......... . ......$10 - $30 $10 each 10 feet or portion thereof (30 foot space maximum) Member Direct Sales.............. ....$5 - $10 $5 each 10 feet or portion thereof (20 foot space maximum) Direct Sales - Not - for - profit ......................... ......$10 (Once per quarter only - 8 foot space maximum) Informational - Not - for - profit* ............ � ' ��... ..$5 wi1 CAWN -U q '41)6s, 5pacc -lo. "llote') Media........... .............. ............................$10 (8 foot space maximum) Entertainment .................... .............................$5 Special Non - Competing Businesses . ............................$50 - $100 $50 each 10 feet or portion thereof (20 foot space max.) (Eligibility to be determined by the Thurs. Night Act. Committee) *Not -.for- profit groups must provide their tax identification number on the application. NOTE: The Farmer's Market organization is charged 1% of its gross sales and 10% of the event's fixed costs, payable quarterly. Fixed costs include barricades, garbage collection, janitorial, advertising, etc. Revised 12/90 ATTACHMENT 5 /� � � n i_,1� �� ��')�� .� �\ � �_ i �, . ; ^�� �1 ��,i RESOLUTION N0.6941(1991 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BIA RULES AND REGULATIONS FOR THURSDAY NIGHT ACTIVITIES BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution 6934 (1991 Series) is hereby rescinded. SECTION 2. That the BIA Rules and Regulations for Thursday Night Activities, attached hereto marked Attachment 114" and incorporated herein by reference, have been reviewed and are accepted. Recommended changes shall be made from time to time by the BIA Board of Directors for subsequent Council approval. On motion of Councilwoman Rappa , seconded by Councilwoman Pinard , and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, ROalman, and Mayor Dunin NOES: None ABSENT: Councilman Reiss the foregoing resolution was adopted this 19th day of February, 1991. ayor ] "ATTEST• r'y, FP am' Vo es, City erk APPROVED: "�v ity inistra Offi r t torn R 6 91.1 Co 0 N 69. 0 W cj) �WZ >Z ® _ m 00 S (� . cn CL z w CL .i C13 I° aC m ATTACHMENT 4 N c cp CL U r cp CL t' a� Z as I- t°- 7 O C m O Cl) m.L. 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F > m _ ca Y aE22 ~• aL ) L a) c c Om ca � O 3 co L �m c -O - o N m c O c t L 3 P O ca o O m L X O a) ) (nQa a � �•3 ca o E y ca o O m >. 3 m m m co a a o (n L o � a c�oa m a� co w ccaa a m m ~ � cu > co E - m c�a N c°—)c� �ccm u�E« � E�am o � ° � :�� o� ) � � > ccz Ley C o - iU i C m a C O O p N O O L w 7 y O O Z c O m C' 0 CL ca 0 CL r r O O ZZ , m a) O U 7 cn N_ C CO �� d 3 «. a) C— > C N N «; m cm �O OC m Eca0w0 �� �• E W(aL LN��'E�L cz o U O c o c °—)� co CO � cn o CO °s_ caV CO � yo o >a)'�" \Lcla� =0 ca W6� om )c_�¢O °�Ema� 0) 0 wMcm, (aim. CL c�_�I�1 CO •y, /cam a0 �_�`ao j ea U N �0 O fa + O Y Q E L.'. r }_� wVf C .0 0 O ca ~ C (n W _ �V a) N �_ O Ca `U ti Cl) L (A j a) a) L 3 O E L-a E. O. a Q «•. CD C (Ua sm EE c 000UO — Ny•y0 ark 3cEo .- o U) ~'� c �" L C �o U m N c c� ( 3 a n N c :3 (D v � O. cO ) 0 0 � > _i "= O p A � U CO as � _ 0)(4 O ' m 'O L. E C O.a O a C Na>. O. 0) C: � 0 0 C O. O ( O �� ca r c O_ r *E i O O E o a) L' m Q O C 0) O N C N N O C 0 •E O - -E E. ac fl rn caa c C Ca CD (D >. fl.0 m �d 0 O U) s E c� ca c ca _ a._ — ia0i —O OC —a)UCa a) a�� ��EU O�a)°' C. .-.p V CD! 4. cmU Q Z= Q O.QE O Q.� ® F- 0 U Z a)•� 0 a m O j V.� a Da m o V. mcza a LLI 0i� IL: c`o-C C7 0�0 ili 0 m m� c (51ir- Pf C' \_J 0 RESOLUTION NO, 6940 A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL •AUTHORIZING CONSULTANT SELECTION AND AGREEMENT FOR THE HANSEN AND GULARTE CREEKS DIVERSION ENVIRONMENTAL IMPACT REPORT WHEREAS, the City Council has directed staff to proceed with work on the diversion of Hansen Creek and Gularte Creek to supplement city water supply; and WHEREAS, staff has negotiated•an agreement with Tenera Environmental Services for preparation of an'environmental impact report in compliance with state and city requirements. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The certain agreement, attached hereto marked Exhibit "1" and incorporated herein by reference, between the City and Tenera Environmental Services is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Finance Director shall transfer and encumber $15,000 from the Water Fund (Groundwater Phase 3) to Account No. 050- 9744 =092- =570 for consultant services and related. expenses. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed consultant's agreement approved by it to the Finance Director, the Community Development Director, and Tenera Environmental Services. Councilwoman Pinard On motion of -___ ___ _ . - - - -_ seconded by Councilman Roalman , and on the following roll call vote:: AYES: Councilmemb_ers Pi_nard; Roalman, Rappa, and Mayor Dunin NOES: None ABSENT: Councilman. Reiss the foregoing resolution was passed and adopted this 19th day of February , 1991. e ® ®� 0 "Malty &r' -Aoh, Dunin J %C- R ±, Cler-k Pam ges 6940 Resolution No. 6940 APPROVED: ity Administrative Officer Fin nee Director ty Deve A - =. Utilities Director gmD: crks -cc.wp c"DO `rw \` S w'� X w n RESOLUTION NO. 6939 (1991 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ORIZING AN APPLICATION FOR UMTA SECTION 18 APPORTIONMENT GRANT FOR THE ACQUISITION OF A TROLLEY VEHICLE WHEREAS, the City Council of the City of San Luis Obispo wishes: 1. To authorize the application for UMTA Section 18 Apportionment Grant for the acquisition of a new trolley vehicle. 2. To authorize the City Administrative Officer or his designee to sign all documents pertinent to the application. 3. To appoint the City Administrative Officer or his designee as the agent of the City of San Luis Obispo to conduct all negotiations, execute, and submit all documents pursuant to the City's Purchasing Manual, all original documents including, but not limited to, the applications, agreements and amendments are to be retained in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED, that the authorizing and application for an UMTA Section 18 Apportionment Grant for the acquisition of the trolley vehicle is hereby approved. The City Clerk is hereby directed to furnish and execute a copy of this resolution for attachment to approved application and other supporting materials as may be required and forward to San Luis Obispo Area Coordinating Council, County Government Center, San Luis Obispo, .CA 93408, Attention: Ron.DeCarli. R 6939 Resolution No. 6939 Page Two (1990 Series) Upon motion of Councilwoman Pinard , seconded by Councilman Roalman and on the following roll call vote: AYES: Councilmembers Pinard, Roalman, Rappa, and Mayor Dunin NOES: None ABSENT: Councilman Reiss the foregoing resolution was adopted this 19th day of February. 1991. + u t ATTESy `e ., Pam:' og4 r I APPROVED: Lag Citk Administ ative Officer hw \umta 0 RESOLUTION NO. 6938 (1991 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL IN SUPPORT OF SENATE BILL 1X, 2X AND 5X WHEREAS, the City of San Luis Obispo wishes to communicate its support'for legislation to improve tax equity by closing special interest loopholes; and WHEREAS, the City of San Luis Obispo endorses the League of California Cities proposal to initiate a joint program to establish State and county financing by removing legislatively enacted special interest exemptions to the sales tax base; and WHEREAS, the City of San Luis Obispo urges other local entities in San Luis Obispo County to communicate their support for the League's proposal; NOW, THEREFORE, BE IT RESOLVED that the San Luis Obispo City Council does hereby endorse Senate Bill 1X, 2X and 5X to eliminate the sales and use tax exemptions that benefit specific businesses and foreign governments. Upon motion of Connrilwmmnn Pinard , seconded by Councilman Roalman and on the following roll call vote: AYES: Councilmembers Pinard, Roalman, Rappa, and Mayor Dunin NOES: None ABSENT: Councilman Reiss the foregoing resolution was adopted this 19th day of February, 1991. R AQ 2R Resolution No. 6938 (1991 Series) Page 2 r� >AT:TEST• -.�t.PAM-VfAGES, CITY LERK 'err APPROVED: CITYJADkIWISTMATIVE Of FICER N AT O AL \resolx 0 RESOLUTION NO. 6937 (1991 SERIES) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL SUPPORTING THE LEAGUE OF CALIFORNIA CITIES IN ITS EFFORTS TO REPEAL SENATE BILL 2557 BY ENDORSING'SENATE BILL 169 AND IMPLEMENTING THE VEHICLE LICENSE FEE (VLF) WHEREAS, the City of San Luis Obispo -is on record strongly opposing SB -2557, an ill- conceived piece of legislation which pits local governments against each other in the struggle for diminishing revenues, instead of addressing legitimate and demonstrated County fiscal needs, burdened largely by State mandates; and WHEREAS, the City of San Luis Obispo recognizes that, in order to have the State Legislature reconsider this matter, it will require the wholehearted support and cooperation of every county, school district and city; and WHEREAS, the League of California Cities has proposed a solution (SB 169) which will provide additional revenue for counties without the necessity of a tax increase; NOW, THEREFORE, BE IT RESOLVED that the San Luis Obispo City Council does hereby endorse SB 169 to: 1. Freeze the vehicle license fee depreciation schedule for one additional year; 2. Retain the county taxing authority with respect to business license and utility users tax contained in SB- 2557; and 3. Repeal all other provisions of SB -2557. D rnntl Resolution No.6937(1991 Series) Page 2 FURTHER, the City of San Luis Obispo urges unanimous support for the League's proposal by every affected local entity in San Luis Obispo County, thus clearly signaling the strength of our position with the State Legislature. Upon motion of Councilwoman Pinard , seconded by Councilman Roalman and on the following roll call vote: AYES: Councilmembers Pinard, Roalman, Rappa, and Mayor Dunin NOES: None ABSENT: Councilman Reiss the foregoing resolution was adopted this 19th day of February.-. -1991.'.. '-T. ATTEST: ,PAM OGES, CI CLERK J APPROVED: CITY ADMINISTRA IVE OFF CER -T TT AL \sb2557 AIA. RESOLUTION NO.6936 (1990 SERIES) A RESOLUTION APPROVING THE ANNUAL CLAIM FOR MONEY FROM THE LOCAL TRANSPORTATION FUND BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. To approve the 1990 -91 annual claim for local transportation funds. 2. To authorize the Transit Manager to execute the appropriate claim forms. 3. To direct the City Clerk to forward one executed copy of the claim and a certified copy of this resolution to: San Luis Obispo Area Coordinating Council County Government Center San Luis Obispo, CA 93408 On motion of - Councilwoman_ Rappa , seconded by Councilwoman Pinard - and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, Reiss, Roalman, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 5th day of kebruarv. .1991. on Dunn ATTES City dlerk Pa oges APPROVED: City A inistrative Officer i i At o ey HW\tda.rpt V Hoar- CHANGES IN FINAN_ AL CONDITION TRANSIT FUND, FISCAL YEARS 1989 -901 AND 1990 -91 Revenues Investment and Property Revenues Subventions and Grants TDA Revenues UMTA Grants Service Charges General Fund Contribution Other Contributions Total. Revenues Expenditures Operating Programs Per Budget/Financial Statements Carryover 1989 -90 Trolley Program Bus Stop Improvements Short-Range Transit Plan Extended Trolley Program - Six Months Total Operating Programs Capital Projects Two Replacement Buses Trolley Purchase Total Capital Projects Total Expenditures Revenues and Other Sources Over (Under) Expenditures and Other Uses Fund Balance, Beginning of Year Fund Balance, End of Year 1990 -91 1989-90 ORIGINAL PROPOSED ACTUAL BUDGET BUDGET 21,100 8,000 8,000 324,600 324,600 383,200 292,600 168,800 139,900 170,000 90,000 2,500 604,500 472,500 856,300 518,600 529,600 529,600 90,000 22,500 12,000 22,000 518,600 529,600 676,100 339,400 220,000 559,400 518,600 529,600 1,235,500 85,900 (57,100) (379,200) 293,300 259,000 379,200 $379,200 $201,900 $0 C od • &-. GO r � �✓ ri �Y i1 RESOLUTION NO.6935 (1991 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BIA FEE SCHEDULE FOR THURSDAY NIGHT ACTIVITIES BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution 6496 (1988 Series) is hereby rescinded. SECTION\2. That the Fee Schedule for Thursday Night Activities, attached hereto as Attachment 114" and incorporated herein by ref be made from t subsequent Council On motion of ,Lis approved. Recommended changes shall. .o time by the BIA Board of Directors for Councilman Reiss AYES: Councilmembers Rappa, NOES: None 1. , seconded by don the following roll call vote: iSsS' laanard, Roalman, and Mayor Dunin ABSENT: None the foregoing resolution was adopted ATTEST: UWV5 Pam V es, Cit lerk APPROVED: DH \biafee Srh day of February. 1991. R 6935 5��, - c�`�c 10 C' ol FEE SCHEDULE THURSDAY NIGHT ACTIVITIES All fees are based on a per night basis, and must be paid in advance. Ongoing permits will be billed on a quarterly basis, and will be mailed 30 days in advance. Billing: December lst for lst Quarter of Jan, Feb & March March 1st for 2nd Quarter of April, May & June. June 1st for 3rd Quarter of July, Aug & Sept Sept 1st for 4th Quarter of Oct, Nov & Dec. All fees are due and.payable prior to.the beginning of each quarter, unless prior arrangements are made. Without fees or arrangements, street permit will be withdrawn prior to the 2nd week's event and will require attendance before the Thursday Night Committee before rei- nstatement. FEE STRUCTURE. 4�. Barbecue...... ........._................. ................ $ .15.2 (total square footage X $ .152 per square foot) Member Food Vendors.... .......................... ......$10 --$30 $10 each 10 feet or portion thereof (30 foot space maximum) Member Direct Sales... ....... .... .$5 = $10 $5 each 10 feet or portion thereof (20 foot space maximum) Direct Sales - Not - for - profit..... ... .........................$10 (Once per quarter only - 8 foot space maximum) Informational - Not -for_= profit *.. $5 (8 foot space maximum) Media.... ............. ... ............................$10 ('8 foot space maximum) Entertainment .............. ...........$5 Special Non- Competing Businesses... ....$50 - $100 $50 each 10 feet or portion thereof (20 foot space max..) (Eligibility to be determined by the Thurs. Night Act. Committee) *Not- f or-prof it groups must provide their tax - identification number on the application. NOTE: The Farmer's Market organization is charged l% of its gross sales and 10% of the event's fixed costs, payable quarterly. Fixed . costs include barricades, garbage collection, janitorial, advertising, etc. Revised 12/90 ATTACHMENT 4 J/ - 1/_ c V BE IT as follows: 17 RESOLUTION N0.6934 (1991 SERIES) )N OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BIA RULES AND REGULATIONS FOR THURSDAY NIGHT ACTIVITIES OLVED, by the Council of the City of San Luis Obispo SECTION 1. Resolution 6496 (1988 Series) is hereby rescinded. SECTION 2. Thattthe BIA Rules and Regulations for Thursday Night Activities, attached' hereto marked Attachment 113" and incorporated herein by reference, have been reviewed and are accepted. Recommended chang s shafil be made from time to time by the BIA Board of Directors for ° sapqgquent Council approval. On motion of Counciwoman by Counc call vote: AYES: NOES: Councilmembers Rappa, Reiss, None seconded on the following roll ;nard i 71 an, and Mayor Dunin ABSENT: None the foregoing resolution was adopted this .5th. day of February 1991. ATTEST: Pam V ges, City Clerk APPROVED: City Administrative Officer. GAO Atw 1 A o ey D Lh0 /. Savo ,0 ( wl ' c y CL CL m %%�o cJ 0 0 C%j 69 Cl) 0 z 0 a mimm Z F- zw 44 J >= m - a CQ > LLI cc C/) m Cl) D in w < .j U) Z) CL CL m %%�o cJ 0 0 C%j 69 ATTACHMENT 3 if ) - 0 z VJ Z Lu LLI -pp 00 00 0 CQ Z �o z in uj z < c/) U) Z) CO ATTACHMENT 3 if ) - / : CL � 2� / � @ \ / n �_ \ 5 aC) ° E2 &£- £ _ rn e @ 2 0' 7 02. 2 mac§ �} a =3 5 �k� =BSc 2Cc a) Ca / >, m 2�c = o� =. »�£ o�� a) CU E 2225 �� na�2/7 §E2§ 0 <\ & » «$ �� �§ ¥\27in cn ƒ�3 tq$f ea 2�$ >0RQoo�\ ■ . =cE >�- oSc- q®® �E #§ % °$� -�]§ U) >, ¥f >� / 0o�2J »L 22277 �-0 C) a@ ..a c -em = o - &� 2m� E: 77 a t$ @ =77/ �� »20 o�� .__. 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Rf io a LLI N 10 1L .0 ca OIL i LU "'a c t!_il Qj Ic" C� RESOLUTION NO. 6933 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTUURAL REVIEW COMMISSION'S ACTION DENYING A REQUEST FOR DEMOLITION OF A HOUSE AT 1615 FAIRVIEW STREETT (ARC 90 -109) 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 appellant's statements, the Architectural Review Commission's action and Cultural Heritage Committee's recommendation, staff recommendations and reports thereon, makes the following findings: 1. The existing structure is historically, culturally and architecturally significant because: A. It is architecturally unique, being one of the first structures to use 4 -inch clapboard siding in the city. B. It was strongly associated with the historical development of the railroad and railroad activities, functioning as housing for railroad workers. C. It functions as a neighborhood or area landmark. 2. The proposed demolition is .categorically exempt from environmental review under the City Environmental Guidelines and the California Environmental Quality Act, Section 15301.(1), Existing Facilities. SECTION 2. Action. The request for a demolition permit for a house at 1615 Fairview Street, ARC 90 -109, is hereby denied. On motion of Councilman Roalman seconded by Councilwoman Pinard and on the following roll call vote: S R 6933 Resolution 6933 page 2 AYES: Councilmembers Roalman, Pinard, Rappa, and Mayor Dunin NOES: None ABSENT: Councilman Reiss the foregoing resolution was passed and adopted this Srh day Of FPhrnar;E , 1991. E Or Ron Dunin ATTEST: i city dlerk Pam oges APPROVED: ty Adm nistrative officer 1✓ Community bevel O_pp VICINITY MAP I ARC 90-109 h � J `�" RESOLUTION N0. 6932 i (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING APPROVAL OF THE TENTATIVE MAP FOR TRACT 1358, ON THE SOUTHWEST SIDE OF POINSETTIA STREET, ABOVE TANK FARM ROAD 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 subdivision request Tract 1358, the Planning Commission's recommendation, staff recommendations and reports thereon, makes the following findings: 1. The design of the tentative map and the proposed improvements are not consistent with the general plan, or with the Edna -Islay Specific Plan. SECTION 2. The tentative map for Tract 1358 is hereby denied. On motion of Councilwoman Rappa_ seconded by Councilman Roalman , and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, and Pinard NOES: Councilman Reiss and Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this 5th day Of February , 1991. n Resolution no: 6932 Tract 1358 Page 2 jft7or Ron -Dunin - ATTEST: /l ' V . city` Clerk P Voges APPROVED: city A&pinistrative Officer community Dev4o�ment Director (1991 series) =J JILL a.® Z zc o a oW(J L)Mo III m� �n -\r a- /-�;F(,,e,� a 65� :—;C 5/ RESOLUTION N0.6931 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION NO. 90 -286 LOCATED AT 2572 AND 2574 LAWTON 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 the tentative map of Minor Subdivision No. 90 -286, and the Community Development Director's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the General Plan. 2. The site is physically suited for the type and density of development allowed in the R -1 zone. 3. The design of the tentative map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the tentative map or the type of improvement will not conflict with easements for access through, or use of property within, the proposed subdivision. 5. Subdivision or further development of the site would not be feasible with the installation of a standard public street. 6. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration. SECTION 2. Exceptions. Approval of exception to required lot dimensions, based on the following findings: 1. The property to be divided is of such size and shape that it is impracticle and undesireable in this particular case to conform to the strict application of the subdivision regulations. R 6931 Resolution No. 6931 Page 2 (1991 Series) 2. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification. 3. Granting an exception to the lot depth requirement will not be detrimental to the public health, safety, and welfare, or be injurious to other properties in the vicinity. 4. Granting the exception to the lot depth requirement is in accord with the intent and purposes of subdivision and zoning regulations, and is consistent with the general plan. SECTION 3. Conditions. That the approval of the tentative map for Minor Subdivision No. 90 -286 be subject to the following conditions: 1. The subdivider shall submit a final map to the city for review, approval, and recordation. 2. The existing houses and garage shall be removed prior to final map approval. 3. The final map shall note that Parcels 1, 2, and 3 are determined to be sensitive sites, and that any new development on these lots shall require review and approval by the Architectural Review Commission prior to the issuance of building permits. New development shall be compatible with the scale and character of the surrounding neighborhood in .terms of massing, architectural style, and height. 4. The subdivider shall submit a common driveway and guest parking area agreement to the Community Development Department staff for approval and recordation, consistent with the city's parking and driveway standards. The precise location of the common driveway easement shall be depicted on the final map. 5. Parcels 1, 2, and 3 shall be addressed as assigned by the Community Development Department. Addresses for all lots shall be posted at the street frontage to the approval of the Community Development Department. 6. The subdivider shall culvert the existing drainage course through the site to city standards and provide for overflow drainage to 'the satisfaction of the City Engineer. An easement for access to, and along, the culvert shall be provided, to the satisfaction of the City Engineer. Final map shall note that structures built. on Parcels 2 and 3 shall be raised to eliminate flooding during a 100 -year storm. Resolution No. 6931 (1991 Series) - Page 3 7. All boundary monuments and lot corners must be tied to the city's control network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map along with a 5 -1/4" computer floppy disk, containing the appropriate data for use in Autocad for geographic information system purposes. 8. The subdivider shall dedicate a 10 -foot wide public sewer easement along the westerly line of Parcel 2 and within the "flag access" portion of Parcel 3, to the satisfaction of the City Engineer and Utilities Engineer. The subdivider shall construct a new 8 -inch diameter sewer main within the easement. The city will share equal costs with the subdivider (including plans) in this construction. Lateral to serve Parcels 1 -3 will be at the subdivider's expense. 9. The subdivider shall pay, to the city, the cost of materials for the required public fire hydrant to be located at the Lawton Street frontage, prior to recordation of the final map and issuance of any building permits. The city will install the hydrant. 10. The subdivider shall provide an easement in the "tail" area of Parcel 1 to serve all 3 parcels as a guest parking area. The precise location of the parking easement shall be depicted on the final map. The subdivider shall make the necessary improvements to develop this area for 4 parking spaces prior to recordation of the final map and to the approval of the Community Development Department. SECTION 4. Code Requirements. The following are required by city codes, but not all code requirements are listed: 1. Structures constructed on Parcels 1, 2, and 3 shall be equipped with automatic fire sprinkler systems. 2. Water acreage charges are required to be paid for Parcels 2 and 3, as determined by the City Engineer. 3. Street trees shall be installed to city standards and to the satisfaction of the City Arborist. 4. The subdivider shall install individual sewer, water, and utility services for each parcel. New utilities shall be underground. 5. New lot corners shall be staked by a registered civil engineer or licensed land surveyor. 6. The subdivider shall pay park -in -lieu fees as determined by the Community Development Department prior to final map approval. Resolution No. 6931 Page 4_ (1991 Series) On motion of Councilman Reiss , seconded by rn„nr; l,.,mmnn Rage , and on the following roll call vote: AYES: Councilmembers Reiss, Rappa, Roalman, and Mayor Dunin NOES: Councilwoman Pinard ABSENT: None the foregoing resolution was passed and adopted this -sth day of February , 1991. Mayor Ron �Dur:!� ATTEST: V City dlerk Pam oges APPROVED: ty A inistrative Officer y for ey Community Development Director gmE:ms90 -286 RESOLUTION N0.6930 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING ENGINEERING STANDARDS FOR CONSTRUCTION OF PUBLIC WORKS PROJECTS AS PREPARED BY THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT WHEREAS, the Engineering Division of the Public Works Department is responsible for periodically updating the Engineering Standards, and WHEREAS, the Engineering Standards are necessary to ensure that public works facilities are designed and constructed to minimum acceptable standards to protect the health, safety and welfare of the public, and WHEREAS, legally adopted Engineering Standards are necessary to provide "design and plan immunity" thereby protecting the city from possible liability, and WHEREAS, the Engineering Division has completed an extensive revision and expansion of the current Engineering Standards, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo, California hereby: 1. Approves a booklet prepared by the Engineering Division of the Public Works Department setting forth City Engineering Standards for construction of public works projects, entitled "Engineering Standards," attached hereto marked Exhibit "A" and incorporated herein by reference. 2. Authorizes the Public Works Department to prepare and maintain a supply of said booklet for distribution. On motion of Councilwoman Rappa , seconded by Councilman Roalman and on the following roll call vote: R 6930 Resolution No. 6930 (1991 Series) Page Two. AYES: Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregging Resolution was passed and adopted this 5th day of February , 1991. MAYOR RON DUNIN ATTEST: r CITY LERK PAM V GES APPROVED: Cit dm ni ratio O ficer Cit�ineer mdv2hev -w by RESOLUTION NO. 6929 (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 personal 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 the Chief of Police to be in the best interests of the City. On motion of rn„nrilwnman Rappn , seconded by rrntnrilman Rnalman , and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted the ;,k day of Fohrnary. 1991. s � - UUN11V, ATTEST: PAM VOG!?S, CITY R 6929 RESOLUTION NO. 6929 �R 2VED : ITY ATTORNEY STATLER, FINANCE DIRECTOR CITY OF SAN LUIS OBISPO Surplus Property January 22, 1991 Description Colt AR15 SP 1 Colt MOD 1911 .45 cal Browning High Power 9 MM Ouantity Unit Value Five (5) $ 480.00 One (1) $ 200.00 One (1) $ 200.00 TOTAL 4 EXHIBIT A Total $2,4.00.00 $ 200.00 S 200.00 $2,800.00 t� 'Cl RESOLUTION NO.6928 (1991 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO MODIFYING RESOLUTION 6906 WHICH DEALS WITH COSTS OF CURB; GUTTER AND SIDEWALK CONSTRUCTED UNDER THE 1911 SIDEWALK ACT WHEREAS, on December 4, 1990 the City Council adopted Resolution 6906 containing Exhibits A and B. and WHEREAS, McCarthy Tank & Steel, 313 South Street was shown on Exhibit A and has now requested that they be shown on Exhibit. B, thus permitting a three year payment. BE IT RESOLVED that Resolution 6906 is hereby modified allowing McCarthy Tank & Steel, 313 South Street, to be removed from Exhibit A and included on Exhibit B. On motion of Councilwoman Ranpa , seconded by Councilman Roalman , and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of February , 1991. YOR RON DUNIN ATTEST• p CITY CLERK PAMELA �OGES R 6928 Resolution No. 6928 (1991 Series) APPROVED: ity A ministrative Officer Public Works Director 6906/dfr #26 i'�D C' EXHIBIT "B" i Property owners where costs are over $1,000.00 and who have opted for three (3) year pay =off. PROPERTY OWNER LOCATION COST OF IMPROVEMENTS John P. Hobbs B.J. Bilsten, etal. R.J. Osbaldeston Lee A. Brazil 506 Caudill St. 443 -45 Buchon 477 Buchon 530 -36 -38 Buchon $2,415.00 1,957.00 1,642.00 2,119.00 * *McCarthy Prop.', d- Calif. 313 South 14,206.00 Corp. 3�3 J M. RESOLUTION NO. 6927 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING TRAFFIC WORK ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The Traffic Work Orders for the period of October 1, 1990 through December 31, 1990 are hereby approved. On motion of Councilwoman Rappa , seconded by Councilman Roalman and on the following roll call vote: AYES: _ Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of February , 1991. ® 1 rtarQariL� \ ®: YOR RON DUNIN ATTEST' 0"5 CITY tLERK PAIOVOGES APPROVED: R 6927 ��.� � O �:� �,� -�� _:�_ ��u�i►�I(�I���Ii�uI����U city or san Lw s o81 spo g COUNCIL AGENDA REPORT l� w/ Yes. (0 ME FeNG DATE: 1990 REM NUMBER: FROM: David F. Romero, Public Works Di ector Wayne A. Peterson, City Enginee% Prepared by: John Rawles, Engineering Assistant /Traffic SUBJECT: Traffic Work Orders for the Period of October 1, 1990 through December 31, 1990. RECOMMENDATION: Pass Resolution Approving Traffic Work Orders for the Period of October 1, 1990 through December 31, 1990. The City Engineer has, over the past three months, issued work orders making changes to improve safety and operation of the street system and parking facilities. Thirty -nine percent of these work orders were parking related. Nineteen percent were for changes in signing; forty percent were red curbing requests, and two percent were changes in pavement markings. It has been Council's policy in the past to accept this report on a quarterly basis. This report satisfies this past policy. FISCAL IMPACT: Minor implementation costs associated with street maintenance. RECOMMENDATION: Pass resolution approving traffic work orders for the period of October 1, 1990 through December 31, 1990. Completed traffic work orders are available in the Council office for review. / 40lj / RESOLUTION NO. (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING TRAFFIC WORK ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The Traffic Work Orders for the period of. October 1, 1990 through December 31; 1990 are hereby approved. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of , 1991. ATTEST: CITY CLERK APPROVED: MAYOR w so RESOLUTION NO. 6926 (1991 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING "YELLOW RIBBON DAYS" BE IT RESOLVED by the City Council of the City of San Luis Obispo, as follows: WHEREAS, a military confrontation in the Middle East has led to the forced separation of American families and friends; and WHEREAS, the potential for grave danger exists and separation from family and friends can cause anxiety for those who are called to duty and to those who wait at home; 1 M41 WHEREAS, the display of yellow ribbons has long signified a statement of moral and emotional support during times of separation; and WHEREAS, the residents of the City of San Luis Obispo are encouraged to display yellow ribbons as a symbol of moral and emotional support for the men and women called to service and as a statement of moral and emotional support for those who wait for their safe return; and WHEREAS, the citizens of the City of San Luis Obispo are also encouraged to join the City Council in wishing for a resolution to this crisis, and a safe and speedy return of all military personnel to their communities and families. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that "Yellow Ribbon Days" commence and continue as long as the threat of grave danger exists in the Middle East. R 6926 ft 00 Resolution No. 6926(1991 Series) On motion of Councilwoman Rappa , seconded byCouncilw z Pinai;dmd on the following roll call vote: Aye: Councilmembers Rappa, Pinard, Roal=, and Ityor Dunin NOES: None ABSENT: Councilman Reiss The foregoing resolution was passed and adopted this 29th day of January 1991. ATTEST: City 1perk Pam ges APPROVED: City A "trative Officer FMMIFAIMIEA W6%4000�5,dM NIMI&IMUM("i MEN r� RESOLUTION NO. 6925 (1991 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION NO. 6917 TO MODIFY THE WORDING FOR MEASURE B WHEREAS, the San Luis Obispo City Council adopted Resolution No. 6917 on January 2, 1991 to call and give notice of the holding of a Special Municipal Eleciton to be held on Tuesday, April 9, 1991, for an election as required by the provisions of the State of California relating to charter cities and for the submission to the voters of questions relating to water rationing, State Water, Ordinance No. 1179 (Tract 1750) and moving election date; and WHEREAS, the City Council desires to modify the wording on the question of Measure Be NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Section I, Measure B of Resolution No. 6917 shall be ame to read: "Shall the Water Action to Eliminate Rationing ordinance be adopted ?" herein. SECTION 2. That all other. provisions of Resolutin No. 6917 shall also apply On motion of Councilwcman Pinard , seconded by Councilwaman P,appa and on the following roll call vote: AYES: Cotmcilmembers Pinard, Rappa, Reiss and Roaln= NOES: Mayor D min ABSENT: None the foregoing resolution was passed and adopted this 22 day of January , 1991. R 6925 Resolution No. 6925 (1991 Series) ATTEST: ", 9 9 alls-11FAM 103 0 e--Rayor Ron Dunin RESOLUTION NO. 6924 (1991 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL UPHOLDING AN APPEAL of AN ARC CONDITION FOR BUILDING DEMOLITION AT 2572 AND 2574 LAWTON 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 the Community Development Director's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed demolition is a ministerial project for purposes of environmental review. 2. Imposition of a condition concerning future replacement structures by the Architectural Review Commission, for demolition of existing buildings which are not historically, architecturally, or culturally significant, does not comply with the city's demolition regulations or architectural review guidelines. 3. The concerns which prompted imposition of the condition are within the purview of the Architectural Review Commission, and reflect general plan policy, but they will be adequately addressed though a condition of approval for Minor Subdivision 90, -286. SECTION 2. Action. The appeal is hereby upheld and the. condition requiring, "The design of the new houses shall be at least as compatible with the neighborhood as the existing house in terms of massing, architectural style, and height," is deleted. On motion of Roalman seconded by Dunin and on the following roll call vote: AYES:Councilmember Roalman, Mayor Dunin, Councilmembers Pinard, Reiss NOES: ABSENT: Councilmember Rappa the foregoing resolution was passed and adopted this 15th day of January , 1991. R -6924 -4 .Resolution No. 6924 (1991 Series) Page 2 .�Wor Ron Dunin ATTES "City eF-k, Pa � Voges 7k �j City A*inistrative Officer C�111114M ^tor ey' Community Development Director � r �� �� e, ` `. Vr RESOLUTION NO. 6923 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBZSPO DENYING AN APPEAL FROM THE ACTION OF THE ARCHITECTURAL REVIEW COMMISSION TO NOT ALLOW AN EXCEPTION TO SIGN REGULATIONS WHICH WOULD ALLOW A FREESTANDING SIGN, 35 FEET TALL 156 SQUARE FEET IN AREA, AT 920 OLIVE STREET WHEREAS, the Architectural Review Commission conducted a public hearing on application No. ARC 90 - 100 on November 19, 1990, and denied a request to approve an exception to the Sign Regulations for an existing nonconforming freestanding sign at 920 Olive Street; and WHEREAS, the applicant has appealed that decision to the City Council; and WHEREAS, the.City Council has considered the testimony and statements of the applicant., and other interested parties, and the records of the Architectural Review Commission hearing and action, and the evaluation and recommendation of staff; NOW, THEREFORE, the council resolves to deny the appeal and uphold the action of the Architectural Review Commission subject to the following findings: SECTION 1. Findinas. 1. The requested sign and exception to the Sign Regulations are categorically exempt under provisions of City of San Luis Obispo CEQA Guidelines, Section 15301. 2.. No unusual site conditions or other design factors exist which justify approval of the requested exception. 3. The.sign is not consistent with the community design objectives expressed in the General Plan. ?, 6923 r Resolution No. 6923 (1991 Series) ARC 90 -100 Page 2 4. The sign is not a neighborhood landmark or focal point since it does not provide a clearly visible point of reference from key vantage points. 5. The sign does not contain any significant cultural, historical, architectural, or artistic merit. BE IT FURTHER RESOLVED that city staff is hereby directed to pursue enforcement action so that all signage on site shall be brought into conformance with the Sign Regulations._ Specifically, sign #'s 1, and 6, as noted in the photos on the site plan submitted with the application, shall be removed; sign #7 shall be removed or relocated so as to conform with zoning and sign regulations; and sign #2 shall be removed from the roof. On motion of Cotmcilmember RoaluM seconded by Counci]member Pinard , and on the following roll call vote: AYES: Councilmembers Roalman, F.inard and Reiss NOES: Mayor: Dunin ABSENT: Co ncilmember Rappa the foregoing resolution was passed and adopted this _15i__. day of January , 1991. Ron ;!L ATTE� T -Cit ' Clerk Pa oges Resolution No. 6923 ARC 90 -100 Page 3 APPROVED: (1991 series) _ c C!city' Adin'nistrative Officer Community Development Director O,6 RESOLUTION go. 6922' (1991 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT SUPPLEMENT FOR THE WASTEWATER TREATMENT PLANT UPGRADE AND SEWER LINE REPLACEMENT (ER 46 -89) The Council of the City of San Luis Obispo resolves as follows: Findings 1. The city has published and made available for public review a Draft Environmental Impact Report Supplement for the - proposed upgrade of its wastewater treatment plant and sewer line replacement project, in accordance with the California. _Environmental Quality Act and the city's Environmental Impact Procedures and Guidelines. 2. On January 15, 1991, , the City Council conducted 'a public hearing on the EIR Supplement. Actions. 1. The Council determines that the EIR Supplement is adequate, and hereby certifies it provided that all the additions and corrections in the attached Exhibit A are made. A Final EIR Supplement incorporating these additions and corrections is to'be published within 30 days, and will be made available to responsible agencies. 2. Tile Council determines that there will be no significant, adverse impacts due to the proposed changes in the project, which have been evaluated in the EIR Supplement. 3. The Council hereby adopts the following mitigation measures and monitoring: A. Visual impacts of bus parking. The city transit bus parking area will be relocated mm iediately to the east and south of the existing bus maintenance building, rather than.extending to the south along the highway, but all proposed.screen planting for the southern parking area, which is reserved for possible regional transit bus parking, will be done as part of this project. (Development of the regional transit bus parking will require separate environmental review and action by the city's Architectural Review Commission and Planning Commission.) R =6922 Resolution No.6922 (1991 Series) Wastewater treatment EIR Supplement Page 2 Monitoring: Planning staff review of project construction plans prior to City Council approval. B. General plan consistency. The area to be occupied by new chlorine contact tanks, and the area reserved for future regional transit bus parking, will be redesignated from "conservation /open space" to "public facility." Monitoring: Planning staff review of project construction plans prior to City Council approval. C. Water quality. Parking lot drainage, prior to leaving the site, shall pass through an oil -water separator or other filtering media, to the approval of the Community Development Department. A low, asphalt berm shall be installed around the parking area to contain spilled petroleum products. Monitoring: Plan checking and inspection by Community Development staff. On motion of Roalman , seconded by Mayor Dunin and on the following AYES:Councilmember NOES: None ABSENT::Councilmember the foregoing resolu day of .January ATTEST,:, UV r r`C ty, lerkPam y6ges . s roll call vote: Roalman, Mayor Dunin, Councilmembers Pinard and Reis; Rappa Lion was passed and adopted this 15th _, 1991. ayor Ron Dunin „ O Resolution No. 6922 (1991 Series) Wastewater treatment EIR Supplement Page 3 APPROVED: City A" inistrative Officer gmD: eir= res.wp EXHIBIT A Changes and Additions to Wastewater EIA Supplement Page 6 Item 9: Change to read: (A) Locate the city transit bus parking immediately east and south of the existing bus maintenance building; (B) reserve an area farther to the south for regional transit bus parking. Page 7 Mitigation: Change to read: The area to be occupied by new chlorine contact tanks, and the area reserved for future regional transit bus parking, will be redesignated from "conservation /open space" to "public facility." Page 8 Vegetation impacts: Add: Construction of the administration /laboratory building will require removal of several mature Monterey pine trees. Some trees within this stand will be retained. Page 10 Fish and wildlife impacts: Add: While the city does not propose to create wetland habitat (ponds) at the treatment plant site as part of this project, it does intend to include such wildlife habitat enhancement projects in the forthcoming update of its general plan Open Space Element and Conservation Element. Page 11 Visual impacts: Change to read: The appearance of the plant would not change significantly. The major new or changed facilities will be below ground. Above - ground facilities will not exceed one story or about 17 feet in height. Existing facilities and landscaping to remain, and proposed landscaping at maturity, will screen the above - ground facilities from off -site views. Existing oleander and cypress along the highway and Prado Road will remain. Existing willows along the creek will remain, screening the site from views from the mobile home parks along South Higuera Street. In comparison with design will reduce travellers and for Obispo Creek, by g location closer to maintenance area. the previous proposal, the revised visual impacts for Highway 101 residents living east of San Luis rouping all new plant facilities in.a the existing treatment plant and bus However,_ future development.of parking for regional transit busses would.convert about two acres of a now open, 30 -acre field to paved storage for large Vehicles. This area will be screened from Highway 101 views by a band of dense trees and shrubs at least 20 feet wide, with species, planting size, and numbers to be approved by the Architectural Review Commission. (Maintaining access to a sewer pump station at the edge of the highway will require a small area with planting strips which will individually be narrower than 2.0 feet). The trees and,shrubs will be planted as part of this project, so they will be more mature if and when bus parking is developed in this area. However; this mitigation itself will impact views, by blocking views from the highway of more distant features, including the South Street Hills and at least part of the Santa Lucia foothills. Add: No facilities,beyond the regional bus parking are anticipated for this area, so the remaining approximately 28 acres will remain open. Development of the proposed facilities on the east side of Highway_ 101, along with eventual residential or commercial development of the Dalidio area west of the highway, will change the character of this approach to the city, from open fields to urban features. While specific designs and noise mitigation measures for the Dalidio area are not available, emerging city policy favors sufficient setbacks, berms, and landscaping to avoid walled corridors along roads. Also,, the measures to mitigate traffic noise, and to visually screen undesirable foreground features, will be designed to preserve distant views of the Santa Lucia Mountains the morros. A photographic visual survey of the project site was presented to the Planning Commission and is available for public review in the Community Development Department. � a D VICINITY MAP FLOW U.S. NIGIEMAY 101 eus EQUALIZATION PA — ttoiq G7OR AREA FUTURE FLOW - rOuAL12ATION TANKS '(TTT }-,000NARGEPOw- /I FF 7T: -rrT COOLING TOWERS COOLING TOWERS SILVER CITY MOBILE HOME PARK D Iz STREET R ;TING BUS 1 J�STRUCTURE MEAOWORKS.�/�� ITENANCE O 2L+- 7 COXT20L SIONCTUR DIGESTERS _ - Co I I I I A'F'1--r FERROUS CHLORIDE TO S.L.O. —� tt1-R61ER STORAGE AREA -_ �ttf * =1 !' IUNIT 31 AERATION 'I� ,AL CLARIFIER TANKS I AND 2 31 \ /� 0.4 (UNIT FUTURE sWTICNGEAR AERATION TANKS BEDS \ �, - {RR.OING Y FUTME v -- NICTt1C QWE 11 o�'s� �XI- CORPORATION YARD _ OF SAN LOTS OBISPO TOP Or CREEK .� Ir r 1 .r 1 it l a 1 CIANFIER I< 0 \ L810F8TER5 r CAUSTIC SO OA .- CLARff1ER5 I STORAGE AREA 1 -- o IN �TNpp1C¢ elo O.3 `r FIRE DEPT. M0.7 NG.3 1 J�STRUCTURE MEAOWORKS.�/�� O 2L+- 7 COXT20L SIONCTUR DIGESTERS _ - Co I I I I A'F'1--r FERROUS CHLORIDE (:R4 J 61 $1 ` 1 11 1 STORAGE AREA -_ �ttf * =1 !' pFLOW 'I� STRUCTURE DRYIING�i EQUALIZATION POND BEDS r Y FUTME v -- NICTt1C QWE 11 o�'s� �XI- . -- MTf C- F—SUPERNATANT LAGOON i. TOP Or CREEK .� Ir .r 1 it l a 1 - WJIII.V fI�4Y11GJ - -- UNIT: 3 IMPROVEMENTS UNIT! IMPROVEMENTS �d ---FUTURE FACILITIES -- -RIGHT OF MAY 0 1C0 200 '- �' SCALE M FOCI, rTTr TOP OF CREEK BANK I ROAD o; Q - Y-SLUDGE DRYING BEDS � • b.r� J RESOLUTION NO. 6 9 2 o (1991 . Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GIVING NOTICE OF A SPECIAL MUNICIPAL, ELECTION TO BE HELD ON APRIL 9, 1991, TO VOTE UPON A PROPOSED CHARTER. AMENDMENT WHICH WOULD PROVIDE THAT THE GENERAL MUNICIPAL ELECTION FOR CITY ELECTIVE OFFICIALS SHALL COINCIDE WITH THE DATE PROVIDED FOR THE STATE & COUNTY AND SCHOOL; DISTRICT GENERAL ELECTION WHEREAS, California Education Code Section 1111 was amended by the State Legislature to allow the school districts to change their, elections to the first Tuesday after the first Monday in November in even numbered years; and WHEREAS, the cost savings and increased voter turnout of consolidated elections make it advantageous to the City to hold general municipal elections at the same time as school board, State and County General Elections. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. A special municipal election is hereby ordered to be held on Tuesday, April 9, 1991, for the purpose of voting upon a proposed charter amendment as hereinafter set forth. 2. The proposed charter amendment would: (a) Change the date of the City's general election from the first Tuesday after the first Monday in November of odd numbered years to the first Tuesday after the first Monday in November of even numbered years; and (b) Extend the terms of current office holders whose terms ordinarily would expire in November 1991 and November 1993 to November 1992 and November M- Sevzi7 J Resolution No. 6 92 0 (1991 Series) 1994, respectively, and exempt those periods of extension from the limitation of terms provided for in Charter Section 405. 3. Said proposed charter amendment amends two charter sections to read as follows: SECTION 302. General Municipal Elections. General municipal elections to fill elective offices shall be in the City on the first Tuesday after the first Monday in November in each &a numbered year. SECTION 404. Term of Office. (a) The term of the Mayor shall be two years, and the terms of the Council members shall be four years. (b) Terms shall commence on the first day of December at twelve o'clock noon following the election and each shall serve until a successor is elected or appointed and qualified. Ties in voting shall be settled by the casting of lots. (c) Any other provision in this Charter to the contrary notwithstanding: 1. The terms of office of the Mayor elected at the 19$9 general municipal election and the Councilmembers elected at the rrrner >'9t3'1 general municipal election shall be extended from 0 years and f years, respectively, until a successor is elected or appointed and qualified following the general municipal election; 2. The terms of office of the Councilmembers elected at the general municipal election shall be extended from four years until a successor is elected or appointed and qualified following the -N-..,o� ,M general municipal election; Resolution No. 6 9 2 0 (1991 Series) 1 3. The approximate €vtYft month periods of term extension set forth in subsections (1) and (2) of this section shall not be counted in determining the disability to serve set forth in Section 405 of this Charter. (The provisions to be changed by the proposed Charter amendment are those provisions redlined in the Section above.) 4. The ballot format for the proposal to amend Sections 302 and 404 shall be substantially as follows: CITY MEASURE C Shall the City Charter Sections 302 and 404 be amended YES to move the General Municipal Election from November of the odd numbered year to November of the even NO numbered year. 5. The City Clerk shall certify to the passage and adoption of this Resolution and shall publish and. circulate the Resolution in accordance with the requirements of the California Elections Code. 6. This Resolution shall take effect upon its adoption. On motion of Roalman , seconded by Reiss , and on the following roll call vote: AYES :Councilmembers Roalman, Reiss, and Mayor Dunin NOES:Councilmember Pinard ABSENT: Councilmember Rappa r 1 Resolution No. 6 9 2 0 (1991 Series) the foregoing Resolution was passed and adopted this 1991. .c „ `ATTEST:, -, ''P -VOLES CLERK =' - - ,' APPROVED: CITY MINISTRATIVE OFFICER lk 15th day of January f Mall E• • • 1 ��i ..�� `� �: __ �'" _. ;. .., •� \•. san Luis os:spo .Resolution, of ApppwaAtion EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO MIKE DOLDER FOR HIS SERVICE TO THE CITY AND ITS CI'T'IZENS AS FIRE CHIEF WHEREAS, MICHAEL P. DOLDER served as Fire Chief from April 12, 1982 to January 2-5, 1991 and during his tenure, he has constantly endeavored to improve the Fire Department, and WHEREAS, his dedication and hard work has been an inspiration to us all and he has improved the professional image of the San Luis Obispo Fire Department locally as well as throughout the fire service community; and WHEREAS, Chief Dolder's professional management abilities and loyalty have allowed the personnel of the San Luis Obispo City Fire Department and citizens of the city to prosper in an atmosphere of high morale; tnist, and proficiency; and WHEREAS, he has passed an emergency ordinance which prohibited the railroad from scoring rail cars in the City.of San Luis Obispo, and then attempted to buy railroad right -of -ways for bike paths; and WHEREAS, Chief Dolder was certain not to be awarded the City's Safety Plaque as he set a new department record of three traffic collisions (of which none, of course, were his fault); and WHEREAS, he attempted to assume the City Police Chiefs position, but he found that the gun was too heavy and the office was too small; and WHEREAS, he previously ate his lunch off of the carpet in his office because it was cleaner than his desk; and WHEREAS, Chief Dolder jeopardized the nation's space program by refusing to allow the Air Force to transport rocket fuel through the city limits of San Luis Obispo; and WHEREAS, the memory of Chief Dolder's stay in our City will remain in the hearts of each and every, one of us who have had the opportunity to work closely with him. NOW, THEREFORE, BE IT RESOLVED that this Council wishes to express its gratitude to Chief Mike Dolder for the service he has performed and the contributions he has made as Fire Chief. On motion of _ _ _ seconded by and on the following roll call -vou AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this _ day of 1991. PAM VOG£S, CITY CLERK RON DUN IN, MAYOR RESOLUTION NO. 6919 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION DENYING A HOME OCCUPATION PERMIT FOR A GLASSWORKING BUSINESS AT 1075 CAPISTRANO COURT (A74 -90) 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 home occupation request A74 -90, the appellants' statements, and the Planning Commission's and Hearing's actions, staff recommendations and reports thereon, makes the following findings: 1. The use of the premises as a glassworking business would reduce residents' enjoyment of their neighborhood (reference MC Section 17.08.040 C -1) due to: A. Increased volumes of business traffic; and B. Deliveries and pick ups on a residential cul -de- sac which is not appropriate for business traffic, and which interferes with the peace and quiet of the surrounding residential area. 2. The use of the premises as a glassworking business does not meet the home occupation criteria, as set for in MC Section 17.08.040, C -9, because: A. It requires a change in occupancy classification from an "M -1" classification as described in the UBC for residential garages, to a "B -2" manufacturing occupancy classification. B. It establishes a use which changes the fire safety of the premises because of the materials and processes used in the manufacturing of glass products. C. It may require the use of utilities, such as high pressure gas service, in amounts greater than normally provided for residential uses. D G010 Resolution No. 6919 Page 2 3. The use of the garage for a glassworking business is in violation of the automobile parking standards applicable to the R -1 zone, and would encroach upon required parking in violation of MC Section 17.08.040C.7. 4. The operation of a glassworking business on the premises involves levels of public safety risk that are not in keeping with the purpose of residential zones within San Luis Obispo and is not compatible with surrounding residential uses. SECTION 2. The home occupation permit for the glassworking business at 1075 Capistrano Court, A74 -90, is hereby denied. On motion of Councilman Roalman , seconded by Councilwoman Rayna , and on the following roll call vote: AYES: Councilmembers Roalman, Rappa, Reiss, and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard the foregoing resolution was passed and adopted this 18th day of December , 1990. Ron Dunin ATTEST: 0 City Clerk Pam o es APPROVED: trative Officer ' I Y Community Dev to ment Director ���� o ,�� ,�-� �pt� 1CJ� 5'' ��IIIIII Illilllll�� �������IIII �IIIIIIIII 11.0ty.OfSM WIS OBISPO 990 Palm Street /Post Office Box 8100 • San Luis Obispo, CA 93403 =$100 January 15, 1991 Mr. Ron.Bearce 1075 Capistrano Ct. San Luis Obispo, CA 93401 Dear Mr. Bearce: As you know, on December 18, 1990, the San Luis Obispo City Council took action. to adopt a resolution (Resolution No. 6919) denying your appeal of the Planning Commission's action denying a home occupation permit for a glassworking business at 1075 Capistrano Court. I understand that a resolution was sent to you inadvertently showing the appeal was upheld. This was an oversight and is not valid. Enclosed is a copy of the corrected resolution. I apologize for any 'mconvemence this may have caused. Please call me at 549-7103 if you have any questions. Sincerely, am VogeslC City Clerk PV:ljh enc. cc Jeff Jorgensen, City Attorney Arnold Jonas, Community Development Director Ken, Bruce, Senior Planner John Dunn, City A..dministrative .Officer (i RESOLUTION NO. 6918 (1991 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MU_ NICIPA_ L_ ELECTION TO BE HELD ON TUESDAY, APRIL 9, 1991 WHEREAS, a Special Municipal Election is to be held in the City of San Luis Obispo, California on April 9, 1991; and WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County;, and WHEREAS, all necessary expenses in performing these services shall be paid by the City of San Luis Obispo; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo, California, does resolve, declare, determine; and order as follows: SECTION 1. That pursuant to the, provision of Section 22003 of the Elections Code of the State of California, the City Council requests the Board of Supervisors of the County issue instructions to the County Clerk and Registrar of Voters to take any and all steps necessary for the holding of a Special Election for the City of San Luis Obispo on Tuesday, April 9, 1991 and said Board is hereby authorized to canvass the returns of the election and certify the results of the canvass of the returns of the Special Municipal Election to the Council of the City of San Luis Obispo, which shall thereupon declare the results thereof. SECTION 2. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill pursuant to Section 51350 of the Government Code. SECTION 3. The propositions to be voted on at said Special Municipal Election shall be as set forth on Exhibit "A" attached hereto and incorporated herein by reference. SECTION 4. The City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San Luis Obispo. AM R Resolution No. 6918 ( 1 Series) r^ SECTION 5. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepre an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 6. Pursuant to Sections 40155 and 5014.5 of the Elections Code, rebuttal arguments will be permitted, and shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. On motion of Councilmen gazma , seconded by Mayor Dunin - and on the following roll call vote: AYES: Councilmenber Rappa, I'layor Dunin and Councilmenber Reiss NOES: Councilmen rs Pinard and RDair an ABSENT: None The foregoingResolution was passed and adopted this 2nd day of January ,1991. ATTES rT4q�! ,,, U'-"'� CITY QLEW M GES APPROVED: IT'Y AD STRATIVE OFFICER �� j t Il Vii. �� �� �� �, � ,� ;� �� a'� � � 6 �',���� ��J� �� ,� RESOLUTION NO. 6917 (1991 .Series)' A RESOLUTION OF THE CITY COUNCIL OF THE CITY -OF SAN LUIS OBISPO CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 9, 19919 FOR AN ELECTION AS REQUIRED BY THE PROVISIONS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES AND FOR THE SUBMISSION TO THE VOTERS OF QUESTIONS RELATING TO WATER RATIONING, STATE WATER, ORDINANCE NO. 1179 (TRACT 1750),. AND MOVING ELECTION DATE WHEREAS, under the provisions of the laws relating to Charter Cities in the State of California, a Special Municipal Election shall be held on Tuesday, April 9, 1991; and WHEREAS, the City Council desires to submit to the voters at the election questions relating to water rationing, state water, Ordinance No. 1179, and election date change. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DOES RESOLVE as follows: SECTION 1. That pursuant to the requirements of the laws of California relating to Charter Cities, there is called and ordered to be held in the City of San Luis Obispo, California, on Tuesday, April 9, 1991, a Special Municipal Election for the purpose of submitting to the voters for the following questions: Measure A 'Shall the approval of the planned developnjezt rezoning for Tract 1750 be repealed? YES Shall the ordinance to Eliminate Water NO Pbasure B YES Shall the ordinance to Eliminate Water Rationing be adopted? NO F4i-7 Resolution No. 6917 (P91 Series) Measure C �. - Page Tvn FN Shall the City Charter Sections 302 and 404 be amended to move the General Municipal Election from November. of the odd numbered year 4_ AT-----I _ _ _ I` .. - _ J Measure D - Advisory Vote Only Should the City of San Luis Obispo YES participate in the State Water Project? NO SECTION 2. That the proposed measures submitted to the voters are attached as Exhibits A and B. SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and entire it into the book of original resolutions. Resolution No. 6917 (19X Series) - Page Three; On motion of Cdurcilua men :RaPPa seconded by I 7 4ayor-Dunih and on the : foRowing roll call vote: - I AYES: Colmcilftenber�,Rappza, Mayor Duhin, Coiincilmmbers Reiss and Roalman NOES: councihmniber Pinard ABSENT: 14one the fore C -- '--- going resolution was passed and adopted this 2nd day of january ATTEST: � L CM CLERK P VOGES I APPROVED: C CLERK IT I Z114 AdAQO�.IA.-ff.. "^7RrY C CLERK IT I 'if jt 1 Jr RESOLUTION NO. 6916 (1991 SERIES) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF CURB, GUTTER AND SIDEWALKS CONSTRUCTED UNDER THE 1911 ACT 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 it has addressed objections or protests to the costs of construction submitted by the Public Works Director and hereby confirms said costs as submitted 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 same penalties and costs if not paid on the first installment. The property owner, address and construction costs are shown on Exhibit "An. 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." On motion of Councilwoman Rappa , seconded by Councilwoman Pinard and on the following roll call vote: I ,/ „ I _I Resolution No. 6916 (1991 Series) AYES: Councilmembers Rappa, Pinard, Reiss, Roalman, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of January , 1991. yor Ron Dunin ATTEST: Q�-� UXA City Clerk PaT§es APPROVED: Finance Director Public Works Director Y Exhibit''V'' PROPERTY OWNERS LOCATION COST OF IMPROVEMENTS Marcel & Cote Cote 521 Funston $15,311.60 (also Meadow St. side) /•6 �' �� � i �� o. <��,� RESOLUTION NO. 6915 (1991 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AUTHORIZING SETTLEMENT IN THE CASE OF SPANGLER V. CITY OF SAN LUIS OBISPO, SAN LUIS OBISPO SUPERIOR COURT NO. 60520 WHEREAS, the City Council has reviewed the Settlement Agreement in the case of Michael Spangler v. City of San Luis Obispo, Superior Court No. 60520 (attached as Exhibit 1); NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes settlement in the case of Michael Spangler v.. City of san Luis Obispo, Superior Court No. 60520, as outlined in the Settlement Agreement. Upon motion of Councilwoman RapPa , seconded by _ Councilman Roalman and on the following roll call vote: AYES: Councilmenbers Rappa, Roalmzn, Pinard Reiss and mayor Dunin NOES: None ABSENT:. None the foregoing Resolution was adopted this 2nd day of January , 1991. Mayor Ron Dunin ATT ST - U, Paml Voges, Ci lerk 6915 r j Resolution No. 6915 (1991 Series) Page Two APPROVED: ty Aoministrative Officer U Director of Public Works Finance Director .�<<�� o o,�, .� �� ��� 1 Agreement No. A- 157 -90 -CA This General Release and Settlement Agreement ( "Agreement ") is made this 7 day of 1990, by and between the City of San Luis Obispo ( "City "), and Michael Robert Spangler ( "Owner "). Whereas, on or about November 10, 1987, Owner commenced Superior Court action Number 60520 against the City, and Whereas, the action relates to alleged damages to real property owned by owner as the location of 1 -43 Higuera, within the City of San Luis Obispo, allegedly occurring from 1981 through 1983, and and Whereas, Owner alleges that City is liable for said damages, Whereas, City has offered to pay Plaintiff Owner the amount of $20,000 to resolve the present dispute and litigation and for a covenant not to sue City, NOW THEREFORE, City and Owner mutually agree as follows: 1. City shall pay to Owner the sum of $20,000 within 15 calendar days,.and upon receipt thereof Plaintiff Owner shall file with the Superior Court, County of San Luis Obispo, a Dismissal With Prejudice, in case number 60520. Owner is not barred from raising claims for future permanent damage arising out of future events. Owner does not waive any right to claim attorneys fees incurred in this action in any subsequently filed action for storm 1 water damage against City. City reserves its right to raise any and all defenses to Owner's claims. 2. Full and Final Release. Each of the Partied on behalf of that Party, the Parties' agents, heirs, executors, administrators, succe:.aorcr: -nd assigns hereby fully release and discharges each of the other Parties and the other Parties's heirs, successors, executors, administrators, assigns, and its agents, servants, shareholders, employees, representatives, assigns and successors from any and all claims, debts, liabilities, demands, obligations, costs, expenses, damages, actions, and causes of action, of whatever kind or nature, whether known or unknown, based on, rising out of, or in connection with anything whatsoever done, omitted or suffered to be done at any time prior to the date of this Agreement. 3. it is understood by Owner that except for the matters expressly represented in this Agreement, the facts with respect to which this Agreement is entered into may turn out to be other than or different from the facts now known to him or believed by him to be true, and he therefore expressly assumes the risk of facts turning out to be different and agrees that this Agreement shall be in all respects effective and not subject to termination by reason of any such different facts, owner hereby waives any and all rights which he may have under the provisions of section 1542 of the Code of Civil Procedure. 4. owner releases all of his claims against City insurance company(ies) potentially liable for the claims, demands or causes 2 of action released. In addition, by signing this release Owner acknowledges that no City insurance company, insurance adjuster, agent, or broker has engaged in any unfair claims settlement practices with respect to the claims and causes of action described above. 5. Owner represents, warrants and guarantees that he is the true and lawful owner of the claims being released in this Agreement and that no other person or entity has any right title or interest whatsoever in the said claim. Owner represents, warrants and guarantees that this Agreement has been entered into by him after due consultation with his attorney without any representations, statements, or warranties made by any other Party, or said Parties counsel or any other person, except as expressly set forth in this Agreement. Owner represents, warrants and guarantees that he has carefully read this entire Agreement and understands the contents of it and signs this Agreement as his own free act. This settlement is the compromise of a disputed claim as set forth in this Agreement and shall never be treated as an admission of liability by any party for any purpose whatsoever. 6. Each party shall bear their own attorney's fees and all costs and expenses incurred with respect to this claim, subject to claims reserved in paragraph 1 hereof. 3 7. This settlement is subject to approval by the City Council of the City of San Luis Obispo. ATTEST: ?, u, A^ Approved as to Form: City o San Lui Obispo Spangler /Agreement 4' Willialn Walter Attorney for Owner