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RESOLUTION NOS. 7100 - 7999
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RESOLUTION NO. 8000
R -7100 thru R -7999
RESOLUTION NO. 7099 (1992 series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A CHILD CARE POLICY
WHEREAS, the City Council of San Luis Obispo recognizes good quality child care
services are an essential service for working parents which contribute to a child's emotional,
cognitive, and educational development; and
WHEREAS, the need for affordable, reliable child care is increasing as the workforce of
the 1990's continues to be characterized by having both parents in the family working
outside the home; and
WHEREAS, the commitment to employer supported child care assistance will pay
dividends in the recruiting, retention and attendance of skilled and productive employees; and
WHEREAS, if the City of San Luis Obispo is to continue to be a vital and viable City that
offers a special quality of life, young families must be encouraged to live and work in San
Luis Obispo and the City's success in this effort will depend greatly on insuring the safety
and well -being of the children in our community; and
WHEREAS, the City Council of San Luis Obispo places a high priority on children and see
them as the future;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo
establishes a Child Care Policy as follows in Exhibit A:
Upon motion of Councilman Roal= , seconded by Councilman Reiss
following roll call vote:
and on the
AYES: Council members Roa]man, Reiss, Pinard, Rappa, and Mayor Ihnin
NOES: None
ABSENT: None
the foregoing resolution was adopted this 7th day of April, 1992.
R -7099
Resolution No. 7099 (1992 Series)
__ -iii
City A inistrative Officer
. .
EXHIBIT A
THE CITY OF SAN LUIS OBISPO CHILD CARE POLICY
By adoption of this policy, the City of San Luis Obispo demonstrates its willingness to
address the child care needs of its employees and the community. The policy will be the
guideline for all the actions taken by the City in the area of child care.
e AS AN EMPLOYER
The City of San Luis Obispo will continue to assist its employees with child care by
maintaining the current programs that are in place (flexible spending accounts, flexible
scheduling, family care leave, and child care assistance through the Employees'
Assistance Program). The City pledges to support new programs as they are presented
in the context of employer /employee relations consistent with the City's obligation to
negotiate in good faith employee benefits, of which child care assistance is one. In this
way, the City will strive to be a model employer that through its own programs and
policies will encourage and stimulate other employers to assist their employees with child
care.
■ AS A COMMUNITY LEADER
The City of San Luis Obispo will continue to address the needs of the community in the
area of child care.by considering the direct and indirect impact of its actions on the
current status of child care in this community. This is evidenced by recent revisions to
the zoning ordinance, inclusion of a policy position promoting child care in the draft Land
Use Element of the General Plan and the consideration of public private partnerships
designed to enhance child care in the community.
The City of San Luis Obispo through the Recreation Department will continue to provide
child care services to the community in its pre - school and after school recreation
programs. Although program costs are in part fee supported the City will continue to
fund a portion of the operational costs in support of child care services.
The City of San Luis Obispo will encourage the Human Relations Commission to continue
to place a high priority on granting aid to various children's services and to identify
community needs so that the City will remain informed about the adequacy of child care
services and responsive to the residents of San Luis Obispo.
C1
RESOLUTION NO. 7098 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL FROM THE ACTION OF THE PLANNING
COMMISSION TO DENY APPLICATION NO. U 1546, AND APPROVING
A USE PERMIT TO ALLOW A PRIVATE ELEMENTARY SCHOOL AT
814 AND 850 MEINECKE AVENUE, WITH OFF -SITE PARKING
LOCATED AT 7.5 SANTA ROSA STREET, AND ALLOWING A
SETBACK REDUCTION FOR PARKING SPACES
WHEREAS, the Planning Commission conducted a public
hearing on application No. U 1546 February 26, 1992, and denied
the application; and
WHEREAS, the applicant appealed that decision to the City
Council; and
WHEREAS, the City Council conducted a public hearing on
April 7, 1992, 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 Use Permit U 1546, allowing a private elementary school
at 814 and 850 Meinecke Avenue, with off -site parking at 75 Santa
Rosa Street, and allowing a setback reduction for parking spaces
at 814 and 850 Meinecke Avenue as shown on the approved site plan,
subject to the following findings and conditions:
SECTION 1. Findincis.
1. The proposed use is consistent with the general plan and
zoning regulations.
2. The proposed use, reduced street yard setback, and off -site
parking will not adversely affect the health, safety or
welfare of persons living or working on the. site or in the
vicinity.
3. The proposed use has been evaluated under the city's
Environmental Guidelines and the California Environmental
(71 1 G,
Resolution No. 7098 (1992 Series)
Page 2
Quality Act, and is hereby granted a negative declaration of
environmental impact.
SECTION 2. Conditions
1. At least 18 parking spaces shall be provided for the proposed
elementary school use, of which 14 spaces may be located off -
site at 75 Santa Rosa Street. Applicant shall enter into an
off -site parking agreement with the city to guarantee that the
off -site parking will be available at all times for the
proposed use.
2. Parking spaces nos. 3 and 4 shown on the site plan at 814
Meinecke Avenue shall not be counted toward the minimum
parking requirements.
3. Architectural review shall be required. During such review,
the commission shall give special attention to reduction of
paved areas, inclusion of landscaping and street trees,
privacy screening for adjacent uses and preservation of
residential character.
4. Applicant shall prepare and implement a trip reduction and
parking management plan, to the approval of the Community
Development Director.
5. The Planning Commission shall review the use permit.in twelve
months (April, 1993). At the review hearing, the Commission
may add, delete, or modify conditions of approval, or may
revoke the use permit.
On motion of Council= Roal=
seconded by Councilwcmman Rappa , and on the
following roll call vote:
AYES: Councilm®bers Roalnan, Rappa, and Mayor Dunin
NOES: council ers Pinard and Reiss
ABSENT: None
the foregoing resolution was passed and adopted this 7th day
of April , 1992,
SIC: :
Ci Clerk
Resolution No. 7098 .(1992 Series)
Page 3
APPROVED:
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RESOLUTION NO. 7097 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE PLANNING
COMMISSION'S ACTION TO DENY A REQUEST
TO ALLOW A 26,655 SQUARE -FOOT DRUG STORE
AT 1221 MARSH STREET
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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 Planning. Commission's action, public
testimony, the applicant's appeal, staff irecommendations and
i
reports thereon, makes the following findings:
I
i. The proposed drugstore use will notadversely affect the
health, safety and welfare of persons living at the site
or in the vicinity.
2. The drug store use is appropriate at the proposed location
and will be compatible with surrounding land uses.
3. The proposed drug store use conforms!to the general plan
and meets zoning ordinance requirements by providing for
the surrounding residential neighborhood and carrying a
variety of merchandise.
4. The Community Development Director has determined that the
project is categorically exempt from environmental review.
SECTION 2. Conditions. The proposed use permit for a
26,655 square -foot drug store at 1221 Marsh' Street, U 1551, is
hereby approved, subject to the following conditions:
1. For the convenience of surrounding residential areas, the
applicant shall make reasonable efforts to effect those
items that are within its control to allow the
redevelopment of the Telegram Tribune site into a grocery
store including cooperation with the adjoining property
owner in property transfer and provision of shared parking.
The City shall cooperate fully with all interested parties
to quickly facilitate this condition.'.
R -7097
Resolution No. 7097 (1992 Series)
Page 2
2. Hours of delivery, loading and trash, compaction shall be
limited to the hours of 7:00 a.m. through 9:00 p.m. daily.
3. Trash facilities shall be located within the building.
Trash pick -up shall be limited to the hours of 7 a.m. to
10 a.m.
4. The applicant shall manage the use of the site in a manner
which prohibits the parking of vehicles for sale.
i
5. The site shall be maintained in a neat and orderly manner.
All plant materials shall be maintained and replaced as
necessary.
6. Architectural Review Commission review and approval of the
project shall be required focussing on the appropriate
location of the main store entrance, the design and
screening of the truck loading dock and service area and
any proposed building additions.
On motion of Councilwoman Rappa
seconded by MayorIhmin and on the following roll call
vote:
AYES: Councilmenber Rappa, Mayor Dunin, and Councilmembers Pinard,
Reiss, :rand Roa.lman
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 7th day
of April , 1992.
Mayor
ATTEST:
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City dlerk
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Resolution No. 7097 (1992 Series)
Page 3
APPROVED:
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Community Dev o ment Director
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RESOLUTION NO. 7096(1992 Series)
A RESOLUTION OF COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE APPROPRIATION LIMIT AND SELECTING THE ADJUSTMENT FACTORS
FOR FISCAL YEARS 1990 -1991 AND 1991 -1992
WHEREAS, the voters approved the Gann Spending - Limitation Initiative on
November 6, 1979 adding Article XIII B to the Constitution of the State of California
and Proposition 111 on June 5, 1990, which established and defined annual appropriation
limits on State and local government entities: and,
WHEREAS, regulations provide for the establishment by resolution by the
governing body of each local jurisdiction of its appropriations limit and the annual
adjustment factors; and,
WHEREAS, the required computations to determine the Appropriations Limit for
FY 1990 -91 and FY 1991 -92 have been performed by the Department of Finance and
are on file with the Office of the City Clerk, and available for public review;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San
Luis Obispo does hereby adopt the following appropriation limits and annual adjustment
factors for Fiscal Years 1990 -91 and 1991 -92:
Appropriation Limit
Cost of Living Factor
California Per Capita Income
Population Factor
County Population Growth
1990 -91
$20,511,013
4.21
4.59
1991 -92
$22,009,518
4.14
3.04
R -7096
Resolution No. 7096 (1992 Series)
0
Page 2
Upon motion of Councilman Roalman , seconded by Counciluanman Pinard
and on the following roll call vote:
AYES: Crnncilmembers Roalman, Pinard, Rappa, Reiss, and. Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was adopted this 7th day of April 1992.
on Dunin, Mayor
APPROVED AS TO FORM
APPROVED AS TO CONTENT
City Ad 'nistrative Officer
Director of Finance
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RESOLUTION NO. 7095 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION
TO DENY GENERAL PLAN AMENDMENT AND REZONING APPLICATION GP /R 1548,
A REQUEST TO REZONE AN 11,315 SQUARE FOOT LOT AT 200 FERRINI ROAD
FROM "LOW- DENSITY RESIDENTIAL" TO "MEDIUM- HIGH - DENSITY RESIDENTIAL ".
WHEREAS, the Planning Commission conducted a public
hearing on application No. GP /R 1548 on January 29, 1992, and
determined to deny the application; 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 appellant, and other interested parties, and
the records of the Planning Commission hearing and action, and the
evaluation and recommendation of staff; and
WHEREAS the Council determines that the Planning
Commission action was appropriate;
NOW, THEREFORE, the Council resolves to deny the appeal
and affirm the action of the Planning Commission, thereby denying
General Plan Amendment and Rezoning Application GP /R 1548 as shown
on Exhibit "A ", subject to the following finding adopted by the
Planning Commission Resolution No. 5084 -92:
SECTION 1. Finding.
1. The site is not physically suited for the density proposed.
R -7095
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Resolution No. 7095 (1992 Series)
GP /R 1548
Page 2
On motion of Councilwoman Pinard
seconded b °y Councilwoman Rappa and on the
following roll call vote: I
AYES: Councilmembers Pinard, Rappa, Reiss, Roalman and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this. 17th day
of March
. 1992.
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RESOLUTION NO. 7094 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION
TO DENY A REQUEST TO AMEND THE LAND USE ELEMENT
MAP AND ZONING MAP TO CHANGE THE DESIGNATIONS FROM
MEDIUM -HIGH DENSITY RESIDENTIAL (R -3 -H, R -3) TO OFFICE (O -H, 0;)
FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF
PEACH AND.TORO STREETS (1206, 1208/1214 PEACH STREET)
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of public testimony, the applicants' request GP /R
1545, the appellants' statements, the Planning Commission's action,
staff recommendations and reports thereon, makes the following
findings:
1. The proposed general plan amendment /rezoning is
inconsistent with policies contained in the general plan
which call for office development in designated areas on
the periphery of the downtown.
2. The proposed general plan amendment /rezoning is
inappropriate as an expansion of an existing office complex
given existing Land Use Element policies.
SECTION 2. The request for amendments to the Land Use
Element map and zoning map to change designations from Medium -High
Density Residential (R -3 -H, R -3) to Office (O -H, O) for property
located on the northwest corner of Peach and Toro Streets (1206,
1208/1214 Peach Street) is hereby denied.
R -7094
Resolution No. 7094 (1992 Series)
On motion of Councilman Roalman
seconded by Councilwoman Rappa
vote:
i I
, and on the following roll call
AYES: Councilmembers Roalman, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None .
ABSENT: None
the foregoing resolution was passed and adopted this 17th day'
of March , 1992.
on vunin
ATTEST:
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City C erk Pam ges
APPROVED:
City A inistrative Officer
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GP /R 1545
1206 1208 1214 PEACH
RESOLUTION NO. 7093 (1992 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AN APPLICATION AND CONTRACT
EXECUTION FOR FUNDING FROM THE GENERAL ALLOCATION OF
THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM,
AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH
THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT, AND
APPROVING THE CONTRIBUTION OF PROGRAM RELATED AUDIT EXPENSES
WHEREAS, on February 11, 1992, the City of San Luis Obispo
held a Public Meeting to discuss the community's needs and the
City's proposed 1992 Community Development Block Grant (CDBG)
program; and
WHEREAS, based on discussions at that meeting, it was recog-
nized that community input and the City's adopted Housing Element
all identified a serious need for a permanent emergency shelter
for victims of domestic violence; and
WHEREAS, based on the discussions at that meeting, it was
further recognized that in order to receive maximum consideration
by the State, the City must demonstrate substantial local support
for the proposed program by contributing matching funds; and
WHEREAS, the City, in recognition of the need for long term
affordable housing, will contribute to the proposed program with
the cost of the program related audit.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of San Luis Obispo, California as follows:
1. That the City Council has reviewed and.hereby approves
an application for:
Women's Shelter site acquisition
and rehabilitation - $414,000
General Administration - $30,000; and
2. The City Council has reviewed the citizen participation
plan for compliance with federal statute and has deter-
mined that this plan was followed for the development
of this application; and
3. The City Council authorizes the contribution of the
cost of the program related audit (approximately $500);
and
4. The City Administrative Officer is hereby authorized
and directed to act on the City's behalf in all matters
pertaining to this application; and
R -7093
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Resolution No. C' ?3 (1992 Series) •
Page Two
5. 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.
On a motion of Council Member Reiss , seconded by
Council Member Pinard and on the following roll
call vote, to wit:
AYES: Councilmembers Reiss „ Pinard, Rappa., Roalman and
NOES: None Mayor Dunin
ABSENT: None .
the foregoing Resolution was passed and adopted this 17th day of
March, 1992.
APPROVED AS TO FORM:
MWOOMIRAM CIA,
-n. ity-Attorney
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RESOLUTION NO. 7092
DECLARING A PUBLIC NUISANCE EXISTS AT
663 CHURCH STREET
AND TO ABATE IN WHOLE OR IN PART
(1992 Series)
NOTICE IS HEREBY GIVEN THAT ON March 17 , 1992, at
the hour of 7:00 p.m.' the Council of the City of San Luis Obispo
held a public hearing in the Council Chambers of City Hall, 990 Palm
Street, San Luis Obispo, California and determined a public nuisance
exists upon certain premises situated.in said City known and
designated as 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 Office of the San Luis Obispo County
Recorder.
The Council finds upon the evidence presented at the hearing that
a public nuisance does exist, and if the same is not promptly abated
by the owner of said premises, within 30 days from this date, said
nuisance may abated by municipal authorities by rehabilitation,
repair, demolition, removal, or other appropriate action, the cost of
which will constitute a lien upon such premises until paid.
The alleged nuisance consists of the following: boxes, debris,
wood, cut vegetation, and any other combustible material deemed a.
hazard by the authority having jurisdiction.
On motion of Councilwoman Rappa
, seconded by Councilman Roalman
and on the following roll call vote:
R -7092
Resolution No. 7092 (1992 Series)
Page 2
AYES: Councilmembers Rappa, Roalman, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 17th day
of March , 1992.
or on Dunin
ATTEST:
Pam Vo es, City C1 r
APPROVED:
(City Ad inistrative Officer
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RESOLUTION NO.7091 (1992 SERIES)
A RESOLUTION OF COMMITMENT FOR THE LOCAL MATCH BY THE
CITY OF SAN LUIS OBISPO CONCERNING A REQUEST FOR
TRANSIT CAPITAL IMPROVEMENT FUNDS FOR FY 1992/93
WHEREAS, the City of San Luis Obispo has conducted a
consultant study to analyze potential locations for a multimodal
transit center; and
WHEREAS, the City of San Luis Obispo is the hub of the
consolidated regional transit system and construction of a Transit
Transfer facility is a priority of the City Council; and
WHEREAS, the Area Council provides technical assistance
(resource information, grants assistance, coordination and support)
to public and private sector organizations to improve transit
opportunities; and
WHEREAS, the City of San Luis Obispo has applied for $20,000
under the Transit Capital Improvement Program; and
WHEREAS, completed environmental and preliminary engineering
studies will greatly enhance the project's competitiveness for
funding under Proposition 116; and
WHEREAS, the California Transportation Commission (CTC)
requests evidence of a local commitment to provide the match be
presented at the CTC meeting on March 19, 1992; and
WHEREAS, the Transit Transfer Facility project requires a 50%
local match of the total project cost ($40,000).
THEREFORE, BE IT RESOLVED, the City Council of the City of San
Luis Obispo hereby commits to funding its local share ($20,000) of
the total project cost if the project is approved for funding by
the California Transportation Commission and included in the
Governor's 1992 -93 approved budget.
R -7091
Page 2
Resolution No.7091 (1992 Resolution)
A
Upon motion of Councilwoman Rappa , seconded
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 17th day
March 1992.
OR RON DUNIN
ATTES .
City lerk Pam Vyges
APPROVED:
HW \TCIGRANT
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RESOLUTION NO. 7090 (1992 Series)
WASTEWATER TREATMENT FACILITY NAME CHANGE
WHEREAS, the City is completing improvements to its
wastewater treatment plant in order to comply with stringent.
State and Federal Standards for discharge of effluent to San Luis
Obispo Creek, and
WHEREAS, the quality of the wastewater effluent will be
suitable for a variety of reclaimed uses, and
WHEREAS, the City intends to develop and implement a program
for reclamation of the wastewater effluent for irrigation,
industrial and instream uses, and
WHEREAS, in recognition of the importance of the development
of this resource in augmenting the City's potable water supplies
and in recognition of the Council's commitment to protecting and
enhancing the environmental resources of the community, a change
in title of the wastewater facilities to more accurately describe
their function is desired.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City
of San Luis Obispo does hereby declare the official title of the
wastewater treatment plant be changed to City of San Luis Obispo
Water Reclamation Facility.
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
R -7090
Resolution No. 7090 (1992 Series)
Page Two
the foregoing resolution was adopted this
1992.
ATTEST:
V
Pam Vo es, City dIt rk
APPROVED:
City A inistrative Officer
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Utilities Director
astewater Dlivigion Manager
17th day of March
�r W
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mayor Ron Dunin
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RESOLUTION NO.7089(1992 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO OPPOSING GOVERNOR WILSON'S PROPOSAL TO DIVERT
PROPOSITION 99 FUNDS TO NON - TOBACCO EDUCATION RELATED ACTIVITIES
WHEREAS, Proposition 99 was enacted into law for the sole
purpose of educating the public concerning the health risks
associated with tobacco use; and
WHEREAS, the tobacco education programs sponsored with monies
generated from Proposition 99 have been very successful (there has
been a 17% reduction is smoking between 1987 and 1990 in
California); and
WHEREAS, the Governor is proposing to divert Proposition 99
monies, specifically set aside for tobacco education programs, to
other non - tobacco education related activities; and
WHEREAS, this proposal will have a detrimental effect on many
tobacco education programs locally and throughout the State;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of San Luis Obispo hereby opposes the Governor's proposal to
divert Proposition 99 funds to other non - tobacco related State
programs and urges the Governor to withdraw this proposal from
further consideration.
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 17th day of
March , 1992.
R -7089
Resolution No. 7089 (1992 Series)
Page 2
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ATTEST.
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CITY C ERK
APPROVED:
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Resolution "A"
RESOLUTION NO. 7088 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE -YEAR TIME EXTENSION FOR FILING
THE FINAL TRACT MAP FOR VESTING TENTATIVE
TRACT MAP NO. 1764 LOCATED AT THE EAST END OF IRIS STREET,
NEXT TO FRENCH HOSPITAL (1250 IRIS STREET)
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of public testimony, the subdivider's request, staff
recommendations and reports thereon, found that the a one -year time
extension is justified.
SECTION 2. Action. That Vesting Tentative Tract Map No.
1764 is granted a one -year time extension to February 20, 1993,
subject to the original findings and conditions, as specified in
City Council Resolution No. 6763.
On motion of Councilwoman Rappa
seconded by Councilman Roalman
call vote:
, and on the following roll
AYES: Councilmembers Rappa, Roalman, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
R -7088
Resolution No. 70801992 Series)
Page Two
the foregoing resolution was passed and adopted this 17th day
of March
Ron Dunin
ATTEST:
1992.
® a
V
City C1 rk Pam Vo es
APPROVED:
City A inistrative Officer
Att n
Community De,>el�pment Director
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RESOLUTION NO. 7087'(1992'Series)
Resolution endorsing application for an Urban
Streams Restoration Grant, determining
appropriate environmental impact document,
conditionally accepting grant if offered, and
designating contract manager and fiscal agent.
WHEREAS, the California Department of Water Resources,
Division of Local Assistance, Urban Stream Restoration Program has
announced the availability of funds for grants; and
WHEREAS, said grants are intended to help solve flooding and
erosion problems in a way that provides environmental enhancement;
and
WHEREAS, the Central Coast Salmon Enhancement, Inc. has
proposed to cosponsor a grant application with the City of San Luis
Obispo; and
WHEREAS, we have concluded the project proposed for funding
with the grant funds would be environmentally - beneficial and
categorically - exempt from requirements for environmental document
preparation under CEQA Section 15308, Class 8; and
WHEREAS, we consider the prospects of receiving such a grant
to be reasonably likely.
NOW THEREFORE, BE IT RESOLVED, the City Council of the City
of San Luis Obispo does hereby approve the joint application with
Central Coast Salmon Enhancement, Inc. for an Urban Streams
Restoration Program grant.
If offered such a grant, the City Council authorizes the City
Administrative Officer, John Dunn, to accept the grant and sign
any contract for administration of the grant funds, and Paul
Cleveland to develop a work plan for the project and to submit
R -7087
Resolution No. 7087
invoices to the
0
(1992 Series)
Department of Water Resources for activities
carried out under the work plan for the grant contract.
Upon motion of
Councilman Roalman
Councilwoman Rappa
, seconded by _
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 17-th7 day of March, 1992.
By* -
Mayor Ron Dunin
ATTEST: ( '
V
Pam Vog s, City Cl t k
APPROVED:
City Administra ive CrIficer
.s
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In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
No. DV 3366
STATE OF CALIFORNIA, )
)} ss.
County of San Luis Obispo
I am a citizen of the United States and a resident of the
County aforesaid; I can over the age of eighteen and not
interested in the above - entitled
matter
I am now, and at all times embraced
in the publication herein mentioned was, the principal clerk
of the printers and publishers of the SAN LUIS OBISPO
COUNTY TELEGRAM- TRIBUNE, a newspaper of general cir-
culation, printed and published daily, Sundays excepted, at
the City of San Luis Obispo in the above named county and
state; that notice
of which the annexed clipping is a true printed copy, was
published in the above -named newspaper and not in any
supplement thereof — on the following dates, to-wit:
that said newspaper was duly and regularly ascertained and
established a newspaper of general circulation by Decree
entered in the Superior Court of San Luis Obispo County,
State of California, on June 9, 1952, under the provisions of
Chapter 1, Division 7, Title 1 of the Government Code of the
State of California.
I certifv (or declare) under penalty of perjury that the fore-
going is true and correct.
(Signature of Principal Clerk)
Date 2/27 19 92
- �iilf°1� uiY of
Ili sin �ufs 08lsoo
TRANSPORTATION PERMIT
FEES
On Tuesday, March 3,
1992, the San Luis Obispo
City Council will hold a public
"hearing beginning at 7:00
,p.m. at the Sen Luis Obispo
Veteran's Memorial Building,
801 Grand Avenue In San Luis
Obispo, to consider amend-
Ing transportation permit fees
In order to bring them Into
compliance with AS 1849.
The report, Including the
recommendation by staff, Is
available for review in the City
Clerk's Department. For more
Information, Please contact
Linda Asprion, Revenue Man -
agei, at 781-7126.-
Js1Pam Voges; city 6erk --
Feb: 27,1992
i
REwLUTION NO. 7086 (1992 SBitIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO AMENDING TRANSPORTATION PERMIT FEES
CONSISTENT WITH ASSEMBLY BILL 1849
WHEREAS, the City of San Luis Obispo's Municipal Code authorizes the
establishment of various fees for delivery of municipal services; and
WHEREAS, the City Council of the City of San Luis Obispo adopted Resolution
No. 7030, establishing development review fee schedules for Planning, Building & Safety,
and Engineering Services, effective November 16, 1991; and
WHEREAS, the Transportation Permit Fees set forth in Resolution No. 7030
Exhibit "C" are not in compliance with Assembly Bill 1849;
NOW THEREFORE, the City Council of the City of San Luis Obispo finds and
resolves that the Transportation Permit Fees established in Resolution No. 7030, Exhibit
"C" shall be amended to be consistent with the fee schedule set by the California
Department of Transportation as provided in Assembly Bill 1849, codified as California
Vehicle Section 35795 (B).
Councilman Councilwcmm
Upon motion of Reiss , seconded by Pinard and on the following roll
call vote:
AYES: Councilmenbers Reiss, Pinard, Rappa, Roa7man, and 14ayor Dmin
NOES: None
ABSENT: None
the foregoing resolution was adopted this 3rd day of March 1992.
-
/
---Ray`or'1Ton Dunin
A
Pam Voges, City erk
APPROVED:
City dministrative Officer
Director of Finance
Director of Public Works
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RESOLUTION NO. 7085 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 2090 .
LOCATED AT 1330 SOUTHWOOD DRIVE
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 Tract 2090 and the Planning
Commission's recommendations, staff recommendations, and reports
thereof, makes the following findings:
1. The design of the subdivision is consistent with the general
plan.
2. The site is physically suited for the type and density of
development allowed in the R -2 -PD zone.
3. The design of the subdivision is 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 will not conflict with
easements for access through or usage of property within the
proposed subdivision.
5. The project is exempt from environmental review requirements
(CEQA Section 15301.k).
6. The proposed subdivision will comply with the requirements
of City of San Luis Obispo Council Resolution 6799 (1990
Series), which authorizes this residential condominium
conversion, pursuant to Chapter 17.82 of the Municipal Code.
SECTION 2. Conditions. The approval of the tentative map
for Tract 2090 be subject to the following conditions:
1. Subdivider shall install a fire sprinkler system in all
units, or shall upgrade site access and on -site and off -
site hydrants and water mains to meet present city
standards, to the approval of the Fire Marshal.
2. Prior to final map approval, subdivider shall remove all
illegal improvements from garages, and restore them to
comply with city standard for covered parking.
R -7085
Resolution
Tract 2090
Page 2
01
No. 7085 (1992 Series)
O
3. Subdivider shall provide an easement for usable private open
space at each unit to comply with condominium property
development standards. Subdivider shall allow future unit
owners to relocate existing fencing to correspond to
easement area if they wish.
4. Prior to final map approval, subdivider shall replace
existing driveway barrier with an emergency access barrier,
to the approval of the Fire Marshal.
5. Prior to final map approval, subdivider shall reseal and
restripe parking area in accordance with city Parking and
Driveway Standards,and complete all repairs as noted in the
property condition report.
6. Prior to final map approval, subdivider shall install
separate water and other utility meters at each unit, to the
approval of the City Utility Department and affected utility
companies.
7. Prior to final map approval, subdivider shall retrofit all
units with low -flow plumbing fixtures to the approval of the
Community Development Director.
8. Subdivider shall submit a final map to the city for review,
approval and recordation.
9. Final map shall note a blanket easement over the common lot
area, except under structures, for underground public
utilities serving the site, to the approval of the City
Engineer and affected utility companies.
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 perpetual
maintenance of all common area including private
driveways, drainage, parking lot areas, walls and
fences, lighting, and landscaping in a first class
condition.
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
C C
Resolution No. 7085 (1992 Series)
Tract 2090
Page 3
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. No outdoor storage of boats, campers, motorhomes, or
trailers nor long -term storage of inoperable vehicles.
f. No outdoor storage by individual units except in
designated storage areas.
g. No change.in city- required provisions of the CC &R's
without prior City Council approval.
h. 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.
i. Provision of appropriate "no parking" signs and
red - curbing along interior roadways as required by the
City Fire Department.
j. CC &R's shall not prohibit outdoor clothes drying
facilities which are substantially screened from view.
k. Prohibition of storage or other uses which would
conflict with the use of garages for parking purposes.
12. Subdivider shall install a unit identification plan with
directory at the project's entrance, to the approval of the
Community Development Director.
on motion of Councilwoman Rappa ,
seconded by Councilman Reiss , and on
the following roll call vote:
AYES: Councilmembers Rappa, Reiss, Pinard, Roalman, and Mayor Ihmin
NOES: None
ABSENT: None
C '^
Resolution No. 7085 (1992 Series)
Tract 2090
Page 4
the foregoing resolution was passed and adopted this 3rd day
of March , 1992.
ayor
ATTE
V
City lerk
I.WU010MI:4DIP
City inistrative Officer
Community Deve
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Resokaion No 7084 (1992 Series)
city of s Luis oBispo
C SOlutiori
of AppReciAtion
air: :.wr I `r / /r �, n / ru r• :r nI I. / I r / ' I: y I
wr I // I � / / I N / r♦ r/r.
WHEREAS David F. Romero has had a to and hed career with the City
o} Sarc Luis Obispo as! Works Dir+edor, Citysngin' eer�s stant Administrative
O(jicer and other notable titles covervrg a span o,{ 3 yeRrs begi�vring my 1, 1456 (or
September 1, IT72 when FotherJurrfpero Semi soh6ted Daves.engnneenng advice on how to
burld the Mcssion); and
WHERIrA.S, Dave has or survived 17 City Councils, 9 Plarrrang Directors, 1400+
Council meetings, and untoldgt�u�S= of hours in other management meetings; and
W7WRE9S, Dave has had a colorAd and punctual management in
jtuence on staff and
fellow colleagues through his wardrobe oties and penchant for timeliness; and
WHEREAS, Dave has rotected the utizens of the 0n;r!a;Wd4gs Spo from untold
P due to acts of God wulPdv'r� ods and droughts, of hazardous materials vuadents and street andct7�uildbtg projects gone
Dav=V
create 1000 li{ghtpoles and a gentler, kinder Public Works
Department through his nd -red felt -tc'p pen; and
and sidewalks in a Dave and paved thousands of miles of curbs gutters,
Dave hashfully monitored the Council Hearing Room ventilation
and
�o»irnitn Bent c ationbyptumi offs lights
a��, m anner
shown his
WhiERF.19Sy Dave is a devoted family man and an accomplished athlete desirous of
s tvnep family mrdloyrn�gl Tonal activities of Hirer
ra s back tennis aerob' arrd"
NOW THEREFORE%BE 1T RESOLVED that the City Council of the CAN of San Luis
Obispo does hereby express as gratitude and appreciation to Dave Romero and gives its best
wishes to him and his family for a blessed and well deserved retirement
On motion of Councilwoman Pinarcl, seconded by Counot7inmi.Roabnan, and on the following
roll call vote:
AYES: Councilmembers Pinmr{ Roab=4 Rappa, P. mid Mayor Dunin
NOES: None `•
ABSENT.• None
the foregoing Resohdon was passed and ado ted A& 3rd. ► of Marck 1992
I_
MAN
152-N
RESOLUTION NO. 7083 (1992 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A WRITTEN RISK MANAGEMENT PROGRAM
WHEREAS, the City of San Luis Obispo's excess liability insurance carrier has required
the establishment of a written Risk Management Program, and
WHEREAS, the Central Coast Cities Self Insurance Fund Board of Directors responded
to this requirement by adopting a model Risk Management Manual to be used by all its member
cities, and
WHEREAS, the City of San Luis Obispo recognizes its responsibility to protect its
assets and employees by establishing strong risk management practices,
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis
Obispo does hereby establish a written Risk Management Program.
Upon motion of Cotmcil�i Pi nerd , seconded by Council= Roalman and
on the following roll call vote:
AYES: Cotmcilmembers Pinard, Roa.lman, Rappa, Reiss, and Mayor Dun in
NOES: Nave
ABSENT: None
the foregoing resolution was adopted this 3rd day of March , 1992..
R -7083
N
Resolution No. 7083 (1992 Series)
Page 2
ATTEST:
404�
r Ron Dmin
..
U
IMP
Resolution No. 7082 (1992 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
REQUESTING THE DEPARTMENT OF TRANSPORTATION
TRANSFER STATE HIGHWAY ROUTE 227 TO A NEW
ALIGNMENT WITHIN THE CITY
WHEREAS, the current alignment of State Highway Route 227 leads
through a portion of downtown San Luis Obispo; and
WHEREAS, motorists following the State sign route are
unnecessarily led into downtown by the current alignment; and
WHEREAS, for a number of years the City Business Improvement
Association has held a weekly Thursday Night Activities /Farmer's
Market requiring closure and permitting sales activity on one
block of the State highway in downtown; and
WHEREAS, the City has been informed that these activities are
not in accordance with State statutes; and
WHEREAS, it is the belief of the City that all interests can
best be served by a new alignment of the State highway.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of
San Luis Obispo hereby requests that the Department of
Transportation initiate action to transfer that portion of State
Route 227 northwesterly of South Street to a new alignment
following South Street, Higuera Street, and Madonna Road to join
at U.S. Highway 101.
Upon motion of Councilwoman Pinard seconded by Councilman Roalpm
and on the following roll call vote:
AYES: Councilmmbers Pinard, Roalman, Rappa, Reiss, and Mayor Dtmin
NOES: None
ABSENT: None
YThe foregoing resolution was adopted this
1992.
r ATTES
Pam Vo es, City erk
_ J
ty_Adminipt3Zative Officer
3rd day of March ,
MAYOR RON DUNIN
resroute227 /dfr#35
R -7082
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RESOLUTION NO. 7081(1992 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO REPEALING RESOLUTION NO. 6961
REGARDING MANDATORY WATER CONSERVATION
WHEREAS, on August 20, 1991, the City Council adopted the 1991/92
Annual Water Operational Plan as policy to establish action levels
for mandatory water conservation, and
WHEREAS, said policy states when total reservoir water storage
reaches 28,100 acre feet, mandatory water conservation will end,
and
WHEREAS, as of March, 1991, reservoir storage has exceeded the
stated storage level to end mandatory water conservation.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San
Luis Obispo does hereby rescind Resolution No. 6961, except that
with respect to requests for water allocation adjustments under the
Mandatory Water Conservation Program, Section 1, sub - section(s) 10
and 11 of Resolution No. 6961 will remain in effect, as follows:
10. The City, pursuant to Chapter 13.07 of 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 Board. The charge for water
service termination and restoration shall be 100
dollars.
11. 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 Director of
R -7081
i
Resolution No. 7081 (1992 series)
Page 2
Utilities 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.
SECTION 2. Effective Date.
This Resolution will become effective for all water billing dates
after March 3, 1992.
Upon motion of Councilwoman Pinard , seconded by Councilman Roalman
and on the following roll call vote:
AYES: Council ers Pinard, Roal.man, Rappa., Reiss, and Mayor Dtmin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 3rd day of
March , 1992
t �
day oor-Ro �
_ ATT ST:
2�
Pam oges, City Clerk
K344�Telilf DieT�
Finance Director
, e�l e
RESOLUTION NO. 7080 (1992 SERIES)
AMENDING RESOLUTION NO. 6447, TO ESTABLISH A RECONNECTION FEE
AND REFUNDABLE DEPOSIT REQUIREMENTS
WHEREAS, Chapter 13.04.030 of the City of San Luis Obispo Municipal Code
provides that a deposit may be required prior to initiating water service and allows such
deposit to be established by resolution; and
WHEREAS, Ordinance No. 1204 was introduced to print at the public hearing
held on this matter on February 18, 1992; and public notice was provided ten (10) days
prior to the public hearing; and
NOW, THEREFORE, the City Council of the City of San Luis Obispo finds and
resolves that:
A. A service restoration fee in the amount of $40.00 shall be established.
B. A refundable deposit shall be established for all accounts whose water has been
disconnected due to non - payment in the following amounts:
-Unit Type /Meter Size
Service Units
Refundable Deposit
All Residential Units
1.00
$ 90.00
1" Meter
2.00
$ 180.00
1 1/2" Meter
4.00
$ 360.00
2" Meter
6.40
$ 576.00
3" Meter
14.00
$1,260.00
4" Meter
22.00
$1,980.00
6" Meter
45.00
$4,050.00
R -7080
f ,
Upon motion of Councilwoman Ra�aseconded by Councilman Reiss
call vote:
and on the following roll
AYES: CotnciInm1bers Pinard, Rappa, Reiss, Roalman and Mayor aunin
NOES: None
ABSENT: None
the foregoing resolution is effective April 6;: 1992. .
A
I
Pam Vo es, C
by Kim Condo
APPROVED:
,y Clerk
, Assistant City Clerk
I'd•I
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Mayor Ron Dunin
Director of Finance
Director of Utilities
0
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RESOLUTION NO. 7079 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING
COMMISSION'S ACTION TO REVOKE USE PERMIT U 1475
FOR AN AUTOMOBILE SALES LOT ON PROPERTY
LOCATED AT 3249 BROAD STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. That this Council, after
consideration of public testimony, the Planning Commission's
action, the appeal to the City Council, and staff recommendations
and reports thereon, upholds the appeal of the Planning
Commission's action to revoke Use Permit #1475, based on the
following findings:
1. A narrower maintenance agreement over the water course
than originally required will not adversely affect the
health, safety and. welfare of persons residing on the
site or in the vicinity given the level of development
currently approved for the property, and will be adequate
for routine clearing of the channel to maintain drainage
flows.
2. A narrower maintenance agreement over the water.course
than originally required will not be a grant of special
privilege and will not set a precedent inconsistent with
current city policy, given the level of development
currently approved for the property. An additional
easement and /or improvements may be required as a
condition of any future development or change of use.
SECTION 2. Conditions. The approved Use Permit #1475 is
valid subject to all the original conditions contained in Planning
Commission Resolution No. 5014 -90. Provided however,
1. A recordable access agreement acceptable to the Public
Works Director and City Attorney shall be executed and
submitted to the City.
R -7079
Resolution No. 7079 (1992 Series)
Use Permit U 1475
Page 2
2. The existing approximately 40 lineal feet of 48 -inch
steel culvert on the property shall be removed and the
site shall be restored to a condition acceptable to the
Public Works Department;
3. A building permit shall be obtained to complete all
required improvements, consistent with previous
approvals.
4. The above conditions shall be complied with within sixty
(60) days or the use permit will be revoked.
On motion of Councilwoman Rabpa , seconded by
Councilman Roalman , and on the following roll call vote:
AYES: Councilpersons Rappa, Roalman, Reiss, Pinard and
Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 18th day of
February , 1992.
Mayor Ron Dunin
k, Pam Voges
Qa-7 assistant City Clerk
L
Resolution No. 7079 (1992 Series)
Use Permit U 1475
Page 3
APPROVED:
City Administrator
Community Dev(elo�ment Director
O C�
RESOLUTION NO. 7078 (1992 SERIES)
APPROVING AN AGREEMENT TO LEASE CITY -OWNED
PROPERTY AT 1260 CHORRO STREET, SUITE A
WHEREAS, the City of San Luis Obispo owns 760 square feet of
storefront space zoned for offices at 1260 Chorro Street, Suite A
(in the Marsh Street Parking Garage); and
WHEREAS, the City wants to lease this space to a commercial
tenant; and
WHEREAS, Lyle O. Tisdel has submitted a proposal to lease
this space for a real estate office; and
WHEREAS, the City has accepted this proposal on condition
that the City Council approve a lease agreement;
NOW THEREFORE BE IT RESOLVED by the City Council of the City
of San Luis Obispo to:
1. approve the lease agreement between the City of San
Luis Obispo and Lyle O. Tisdel;
2. authorize the City Administrative Officer to execute
the agreement; and
3. direct the City Clerk to forward two executed originals
of the lease agreement to Dill Commercial Properties and copies
of the executed lease agreement to Public Works Department and
Finance Department.
On motion of Councilman Roalman , seconded .by
Councilwoman Rappa and on the following roll call vote:
AYES: Councilmembers Pinard, Rappa, Reiss, Roalman and Mayor Dunin
NOES: None
ABSENT: None
R -7078
(A- 14- 92 -CC)
Resolution No. 7078 (1992 Series), page 2
the foregoing resolution was adopted this 18th day of February
1992.
�� � - >
r Mayor Ron Dunin
ATTEST:
4C itly C irk
by Kim Condon, Assistant City Clerk
APPROVED:
v
City dministrative officer
Finance Director
Public Works Director
AV 1, �
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RESOLUTION NO. 7077 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DESIGNATING THE SAN LUIS OBISPO AREA COORDINATING
COUNCIL AS THE METROPOLITAN PLANNING ORGANIZATION
FOR SAN LUIS OBISPO COUNTY
WHEREAS, as a result of the 1990 census, San Luis Obispo
County now contains an urbanized area with a population of more
than 50,000 people, which requires establishment of a Metropolitan
Planning organization (MPO), and
WHEREAS, the State law requires that the County Board of
Supervisors and the City Councils of a majority of the cities
representing a majority of the population of the incorporated area
of the county adopt resolutions designating a Metropolitan Planning ,
Organization, and
WHEREAS, the San Luis Obispo Area Coordinating Council (herein
known as the Area Council) is the designated Regional
Transportation Planning Agency (RTPA) for the San Luis Obispo
region, and
WHEREAS, Area Council delegates include the five members of
the County Board of Supervisors and an elected member from each of
the seven incorporated cities in the county, and
WHEREAS, as the Metropolitan Planning Organization (MPO) the
Area Council will be eligible to receive Federal funds which can
be used for various regional planning purposes, and
WHEREAS, it is in the best interest of the City of San Luis
Obispo that the Area Council be designated a Metropolitan Planning
Organization for San Luis Obispo County.
R -7077
Resolution No. 7077(1992 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED, the City hereby designates the
Area Council as the Metropolitan Planning Organization for San Luis
Obispo County.
Upon motion of Councilman Roalman , seconded by
Councilwoman :.Rappa and on the following roll call
vote:
AYES: Councilmembers Pinard, Rappa, Reiss, Roalman and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was adopted this 18th day of
February , 1992.
ay" M— o R—o=Tuinin -
ATTEST:
by Kim Condon, Assistant City Clerk
APPROVED:
City Wdministr6tive Off cer
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RESOLUTION NO. 7076 (1992 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 finds 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 7:00 p.m. on
March17,1992, 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 in and 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
R -7076
Resolution No. 7076 (1992 Series)
Page Two
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
therein.
On motion of Councilman Roalman ,seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Pinard, Rappa, Reiss, Roalman and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 18th day of February
1992.
eow ayor Ron Dunin
\IF/
sistant City Clerk
APPROVED:
City Ad 'strative 0956r Are Chief
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RESOLUTION NO. 7075 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING PROPERTY LISTED IN EXHIBIT A
AS SURPLUS PROPERTY
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the City Council hereby declares that all items of property
listed in Exhibit A attached and incorporated herein by reference are surplus property.
SECTION 2. Disposal of the property shall be made as determined by sale at public
auction or by another method of disposal in accordance with the City's surplus property policy as
determined by the Director of Finance to be in the best interest of the City.
On motion of Councilman Roalman ,seconded by Councilwoman Raona
and on the following roll call vote:
AYES: Councilmembers Pinard, Rappa, Reiss, Roalman and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the lstbday of February ,1992::
ayor on umn
ATTEST:
a aes, ity Clerk
by Kim Condon, Assistant City Clerk
APPROVED:
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R -7075
9
SURPLUS PROPERTY LIST
VEHICLES><"
.. ........................
City Vehicle Year
Number Purchased Fleet Description
8628 1986 Police Chevy Celebrity
8631 1986 Police Oldsmobile Cutlass
TELEPHONE EQ.
LiIPNIEN T .:.......;:
................
Dimension 600 Electronic PBX System Cabinets
Horizon Electronic Key System
EXHIBIT A
Vehicle Estimated Salvage Auction
ID Number Value Price
7153 3,000
3844 3,800
500
500
:11
RESOLUTION NO. 7074 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE -YEAR EXTENSION OF TIME FOR FILING
THE TENTATIVE MAP FOR TRACT 1848
LOCATED AT 2925 AND 2995 McMILLAN AVENUE
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 Tract 1848 and Resolution
6750 (1990 Series) and the recommendation of staff, makes the
following finding:
1. There have been no changes in the circumstances affecting
the subdivision of the property which would warrant the
termination or modification of the approval of the tentative
map.
SECTION 2. Action. The time allowed for the filing of the
final map for Tract 1848 is hereby extended for one year subject
to the original findings and conditions contained in Council
Resolution No. 6750 (1990 Series). The tentative map approval
will expire on January 16, 1993 unless a further extension is
approved by the Council.
On motion of Councilman Roalman
seconded by
Councilwoman Rappa , and on the following roll call
vote:
AYES: Councilmembers Pinard, Rappa, Reiss, Roalman and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this lsth day
of February r 1992.
R -7074
Resolution No:
Tract 1848
Page 2
7074
(1992 Series)
ayor RON DUNIN
ATTEST:
`ity% Cl rk PAM VOGES
by Kim Condon, Assistant City Clerk
APPROVED:
Q9% a-bl? z -
C�ityk dminist tive O ficer
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RESOLUTION NO. 7073 (1992 SERIES)
RESOLUTION IN SUPPORT OF THE ESTABLISHMENT
OF A COUNTYWIDE RECYCLING AND MARKET DEVELOPMENT ZONE
WHEREAS, AB 939 requires that each city and county reduce the
waste stream by 25% by 1995, and by 50% by the year 2000; and
WHEREAS, recycling and market development are key activities
in developing an action plan to successfully accomplish the
statutorily required solid waste diversions; and
WHEREAS, the State of California has established a program
under Title 14, Chapter 4, Resource Conservation Programs, Article
1. Market Development Programs that provide for the establishment
of Recyling Market Development Zones; and
WHEREAS, the City of San Luis Obispo and County of San Luis
Obispo desire establishment of such a zone in San Luis Obispo
County; and
WHEREAS, current waste management practices and conditions are
favorable to development of postconsumer waste material markets;
and
WHEREAS, the designation as a Recycling Market Development
Zone is necessary in order to assist in attracting private sector
recycling investments to the area.
NOW, THEREFORE, BE IT RESOLVED, that the City of San Luis
Obispo does hereby support the application for, and development
of, a Market Development Zone for the cities and counties of San
Luis Obispo and will complete actions stated in the city approved
application which apply to the City of San Luis Obispo.
Upon motion of Councilman Roalman seconded by
Councilwoman Rappa and on the following roll call vote:
R -7073
RESOLUTION NO. 7073 (1992 SERIES)
Page 2
AYES: Coimcilmeubers Roalrnan, Rappa,'Pinard, Reiss., and Mayor D min
NOES: None
ABSENT: None
the foregoing resolution was adopted this 4th day of
February , 1992.
Mayor Ron Dunin
ATTEST: JJ
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Pam Vog `s, City C�rk
APPROVED:
Ci y Adminis ative Officer
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RESOLUTION NO. 7072 (1992 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING AN INJURY AND ILLNESS PREVENTION PROGRAM
WHEREAS, the Legislature of the State of California passed Senate Bill 198 which
requires all employers to have a written Injury and Illness Prevention Program, and
WHEREAS, the City of San Luis Obispo recognizes the need to provide its employees
with a safe working environment, and
WHEREAS, the City of San Luis Obispo also recognizes its responsibility to ensure that
all its employees receive training in safe working practices, and
WHEREAS, the City of San Luis Obispo acknowledges its responsibility to comply with
the requirements of Senate Bill 198
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis
Obispo does hereby establish an Injury and Illness Prevention Program.
Upon motion of Councilwoman Kappa , seconded by Councilman Roalman and
on the following roll call vote:
AYES: Ca mcilmembers Rappa, Roalmaa, Pinard,' _Reiss, and Mayor Ihmin
NOES: None
ABSENT: None
the foregoing resolution was adopted this 4th day of February 1992.
R -7072
Resolution No. 7072(1992 Series)
Page 2
ATTEST:
L u.
tiS
Pam Vo*s, City Clerk
APPROVED:
City Ad istrative Officer
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RESOLUTION NO. 7071 (1992 SERIES)
RESOLUTION SUPPORTING THE GOALS OF THE
CALIFORNIA HEALTHY CITIES PROJECT AND INDICATING
THE INTENT TO PARTICIPATE IN A PROJECT TO ANALYZE
THE ECONOMIC IMPACT OF OUR SMOKING ORDINANCE ON OUR
BUSINESS COMMUNITY, PARTICULARLY BARS AND RESTAURANTS
WHEREAS, the City of San Luis Obispo is committed to the goals
of the California Healthy Cities Project; and
WHEREAS, the City has demonstrated its commitment to these
goals by enacting the strongest Smoking Ordinance in the United
States; and
WHEREAS, the City's Smoking Ordinance has been in effect for
over a year and a half and considered to be a tremendous success;
and
WHEREAS, the City is committed to sharing our success with
other municipalities in an effort to encourage wide - spread adoption
of comprehensive smoking ordinances;
NOW, THEREFORE, BE IT RESOLVED, that the City Council intends
to participate in the California Smoke Free Cities Mini -Grant
Program by accepting a grant of $20,000 for the purpose of
analyzing the impact the Smoking Ordinance on the business
community as this type of information will greatly aid other
municipalities efforts to adopt more comprehensive smoking
ordinances.
Upon motion of Councilwoman Rappa , seconded by
Councilman Roalman and on the following roll call vote:
AYES: Councilmenbers Rappa, Rbalman, P:inard -; Reiss, and Mayor DLrdn
NOES: None
ABSENT: None
R -7071
(A- 11- 92 -CC)
RESOLUTION NO. 7071 (1992 SERIES)
Page 2
the foregoing resolution was adopted this
, 1992.
ATTEST:
Q,U ,G,
Pam Voc'es, City lerk
APPROVED:
Ci kdm nis rative Officer
i Y
4th day of February
asm® e
or Ron Dunin
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RESOLUTION NO. 7070 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING THE PLANNING COMMISSION'S ACTION,
APPROVING CONTINUATION OF HOMELESS SHELTER USE
AT 736 AND 750 ORCUTT ROAD,
AND DENYING AN APPEAL OF THAT ACTION (U1423)
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of public testimony, The applicant's request, The
appellants' letters, the Planning Commission's action, staff
recommendations and reports thereon, makes the following findings:
1. The proposed use will not adversely affect the health,
safety and welfare of persons living or working at the site
or in the vicinity.
2. The proposed use is appropriate at the proposed location
and will be compatible with surrounding land uses.
3.
The proposed use conforms to
the general
plan and meets
zoning ordinance requirements.
4.
The Community Development Director has determined that the
proposed use will not have a
significant
effect on the
environment and has granted
a negative
declaration of
environmental impact.
5.
The nearby R -1 and R -2 neighborhoods
are adequately
buffered from possible impacts
of the shelter.
SECTION 2. Conditions. The
approval of
the Use Permit
U1423
for a homeless shelter is
subject to
the following
conditions:
Management:
1. The operator of the shelter shall be the Economic
Opportunity Commission, unless otherwise approved by the
City Council and the Board of Supervisors.
2. The applicants or operators shall submit a management
program to the Community Development Director for approval,
prior to occupancy. The plan must include at least the
following items:
* The name(s) of the organization(s) operating the
shelter
R -7070
� r
Resolution No. 7070 (1992 Series)
U1423: 736 and 750 Orcutt Road
Page 2
* The anticipated number of persons who will live on-
site.
* A program description, including provision of
qualified supervisors at the rate of one for the
site, plus one for each ten persons beyond twenty,
as well as all daytime activities and services,
including type of activity or service, service
provider, and estimated number of clients.
* Site plan showing the proposed locations of the
modular buildings precisely.
* The uses of all buildings on site.
* Arrangements for transportation of residents to and
from the site, and monitoring of access to the site
and surrounding areas during daytime hours.
Failure to comply with the approved plan may be grounds for
revocation of this permit.
Parking and occupancy:
3. Parking spaces shall be provided at a rate of two, plus one
per six occupants.
4. The maximum occupancy of the site is 72 persons.
(Occupancy beyond 54 will be allowed only if additional
parking spaces are provided that meet the requirement in
condition 3.)
Fire protection:
5. A fire hydrant and an automatic fire -alarm system shall be
installed, to the satisfaction of the Fire Marshal.
Additional fire protection methods may be required by the
Fire Department, depending on the final locations of the
modular buildings and the adequacy of the buildings for the
use.
Architectural and building division review:
6. Improvements to the site, including installation of the
modular buildings, is subject to approval by the
Architectural Review commission.
7. Installation of the modular buildings must meet all
building code requirements, including handicap
accessibility.
C C
Resolution No. 7070 (1992 Series)
U1423: 736 and 750 Orcutt Road
Page 3
Creek protection:
8. A setback along the creek averaging 20 feet from the top
of bank, and in no case less than 10 feet from the top of
bank, shall be maintained along the creek to restore and
protect riparian habitat. The precise location of the
setback line shall be approved by the Community Development
Director prior to the placement of any new structures on
the site.
9. A temporary fence must be installed between the buildings
and the top of bank, to protect the wildlife habitat, if
buildings are placed less than 20' from the top of bank.
Such fence design, landscaping, and location is to be
submitted to the approval of the Community Development
Director.
10. The property owner must provide an access and maintenance
easement over the creek area, to the approval of the Public
Works Department.
11. A riparian restoration plan to enhance the creek habitat,
including planting native vegetation, shall be submitted
to the Community Development Director for approval. Plants
and any other features shall be installed pursuant to the
approved plan within one year of the approval of this
permit. If the facility closes within one year, the
revegetation plan must be installed to the approval of the
Community Development Department at the time of closing.
Tree Removals:
12. All trees at the rear of the site shall be staked and
numbered, and listed by species and size, to the approval
of the city arborist. No trees shall be removed except
those approved by the Architectural Review Commission, and
each tree removed that is over 10" in diameter shall be
replaced with two trees. The type, size, and location of
replacement trees shall be determined by the city arborist.
All trees to be retained shall be safety - pruned and
protected from damage during installation of the modular
buildings. The protection method must be approved by the
city arborist.
Water:
13. The shelter shall require an allocation as provided in the
Water Allocation Regulations, in an amount determined by
the Community Development Director. The date of Planning
Commission action on this use permit shall be the date the
allocation is assigned.
�a
Resolution No. 7070 (1992 Series)
U1423: 736 and 750 Orcutt Road
Page 4
Review of use permit:
14. The use permit shall be reviewed in six months. At any
time the Planning Commission may review the use permit if
written complaints from citizens or the Police Department
are received by the Community Development Department. The
Planning Commission may add, delete or modify conditions
of approval or may revoke the use permit.
Trail easement:
15. The applicant shall record an offer of an easement for
public access within the creek setback area to the approval
of the Community Development Director and CIty Attorney.
The city should not accept said offer until the Parks and
Open Space Element is updated and only if in that element
this site is deemed an appropriate location for said
access.
On motion of Councilman Roalman
seconded by Councilwoman Rappa and on the following roll
call vote:
AYES: Councilmembers Pinard, Rappa, Roalman and Mayor Dunin
NOES: None
ABSENT:Councilmember Reiss
the foregoing resolution was passed and adopted this 21st day of
January , 1992.
, Ron Dunin
ATTEST:
City clerk P4A Voges
i
Resolution No. 7070 (1992 Series)
U1423: 736 and 750 Orcutt Road
Page 5
APPROVED:
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RESOLUTION NO. 7069 (1992 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DESIGNATING THE SAN LUIS OBISPO AREA COORDINATING COUNCIL
AS THE CONGESTION MANAGEMENT AGENCY FOR SAN LUIS OBISPO COUNTY
WHEREAS, as the result of the 1990 census, San Luis Obispo
County now contains an urbanized area with a population of more
than 50,000, which requires establishment of a Congestion
Management Agency (CMA) and development of a Congestion Management
Program (CMP); and
WHEREAS, State law requires that the County Board of
Supervisors and the city councils of a majority of the cities
representing a majority of the population of the incorporated area
of the county adopt resolutions designating a Congestion Management
Agency; and
WHEREAS, the San Luis Obispo Area Coordinating Council
(hereibafter known as the Area Council) is the designated Regional
Transportation Planning Agency (RTPA) for the San Luis Obispo
region; and
WHEREAS, Area Council delegates include the five members of
the County Board of Supervisors and an elected official from each
of the seven incorporated cities in the county; and
WHEREAS, the Area Council will be designated as a Metropolitan
Planning Organization (MPO) as a result of the 1990 census and be
eligible for Federal Planning funds which can be used to prepare
the CMP, and
R -7069
C;
Page 2.
Resolution No. 7069(1992 Series)
WHEREAS, it is the desire of the City that the Area Council
be the designated Congestion Management Agency.
NOW, THEREFORE, BE IT RESOLVED, that the City hereby formally
designates the Area Council as the Congestion Management Agency for
San Luis Obispo County.
Upon motion of Councilman Roalman seconded by
Councilwoman Rappa and on the following roll call vote:
AYES: Councilmembers Pinard, Rappa, Reiss, Roalman and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was adopted this 2lstday of January ,
1992.
Mayor Ron Dunin
0
ATTEST:
Pam VogAls, City C e k
APPROVED:
City Administrative Officer
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I
. RESOLUTION NO. 7068(1992 SERIES)
POLICY FOR IMPROVED COORDINATION AND COMMUNICATION
IN THE COMPLETION OF CIT.Y,CAPITAL IMPROVEMENT PROJECTS
WHEREAS, it is essential to maintain and upgrade City
infrastructure in order to provide reliable municipal services and
to maintain a healthy local economy; and
WHEREAS, the completion of necessary capital improvement and
maintenance projects can sometimes cause inconvenience to
businesses, particularly in the downtown area, and to City
residents; and
WHEREAS, most businesses and residents are willing to accept
,a level of inconvenience, provided that projects are coordinated
and managed carefully, and that the need for a project is
understood; and
WHEREAS, the BIA has requested certain enhancements in the
coordination of capital projects in the downtown core, and in the
level of communication between the City and the BIA regarding
project purpose and status; and
WHEREAS, the City shares the BIA's concern for maintaining a
positive business environment, including protecting the vitality
of businesses to the extent feasible during City construction
projects.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of San Luis Obispo does hereby set forth the following policy
to be followed in the completion of capital improvement projects
in the downtown and, as appropriate, elsewhere in the community:
R -7068
Page 2
Resolution No.7068 (1992 Series)
1. The City will provide ample notification to businesses and
residents, either directly or through its contractors,
regarding planned capital improvement projects, particularly
those planned in the downtown core; and
2. All reasonable steps will be taken by the City staff to ensure
ample communication and coordination relative to planned City
projects (non - emergency) in the downtown, including:
a) A minimum of 30 day notification to the BIA prior to
construction;
b) The preparation of project "fact sheets" for the BIA to
fully explain project purpose and other important
information;
C) Participation in quarterly "project coordination
meetings" with the BIA and the utility companies;
d) Attending or conducting community. meetings and /or forums
and making presentations for larger complex projects when
requested by the BIA, or as determined by staff;
e) Assurance that project specifications require adequate
contractor responsibility for notification, signage, and
procedures to minimize impacts on affected businesses to
the extent feasible; and
f) Avoiding scheduling projects between Thanksgiving and
Christmas.
Page 3
Resolution No. 7068 (1992 Series)
3. The BIA shall be responsible for communicating with its
membership regarding project plans and status following
receipt of project information from the City; and
4. The City staff will make every effort to ensure that:
a) All involved staff members share and communicate accurate
information, and
b) That projects managed by different departments are
properly coordinated.
4
Upon motion of Councilman Roalman
, seconded by
Councilwoman Rappa and on the following roll call vote:
AYES: Councilmembers Pinard, Rappa, Reiss, Roalman and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was adopted this 21st day of January
1992. —�
Mayor Ron Dunin
ATTE
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Cityv Clerk P t Voges
APPROVED:
City dministrative Officer
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RESOLUTION NO. 7067 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING AN OPEN SPACE EASEMENT FOR THE JEONG RESIDENCE LOCATED
AT 367 HILL STREET (U 1463).
WHEREAS, William Y. Jeong and Beatrice S. Jeong, husband and
wife, have offered to dedicate an open space easement over a
portion of their property at 367 Hill Street, in the City and
County of San Luis Obispo; and
WHEREAS, the open space easement was required as a condition
of City approval of Use Permit 1463 (City Council Resolution
No.6865, 1990 Series) which allows the construction of one new
house on said lot; and
WHEREAS, the purpose of the easement is to protect hillside
vegetation and soils from development or disturbance, reduce fire
and geologic hazards, and to preserve the open, scenic character
of the property above the 320 foot contour elevation; and
NOW, THEREFORE, the Council of the City of San Luis Obispo
resolves, as, follows:
SECTION 1. Acceptance. The Council of the City of San Luis
Obispo hereby accepts and gratefully acknowledges the dedication
of the perpetual open space easement as shown in Exhibits "A" and
"B", attached.
SECTION 2. Findings.
1. The proposed open space easement is consistent with the
general plan.
2. Preservation of the land shown in Exhibit "B" as open space
will serve the public interest because it will protect
hillside vegetation and soils from development or disturbance,
reduce'' fire and geologic hazards, and preserve the open,
scenic character of the property.
R -7067
Council Resolution No. 7067 (1992 Series)
Page 2
3. The proposed open space easement dedication is categorically
exempt from environmental review under the City's
Environmental Guidelines and the California Environmental
Quality Act (CEQA Section 15317).
On motion of Councilman Roalman , seconded by Councilwoman
and on the following roll call vote:
AYES: Councilmembers Pinard, Rappa, Reiss, Roalman and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 21st day
of
January 1992.
/,1 �a
Mayor Ron Dunin
ATTEST•
Ujko
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City erk, Pam ges
APPROVED:
ty Adm nistrative Off
Community Develop)nent Director
C
RECORDING REQUESTED BYc
City of San Luis Obispo
WHEN RECORDED NAIL TO:
Alan K. Chesnutt
1445 Grand Avenue, Suite A
Grover City, CA 93433
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APN 401- 171 -08 NO FEE EXEMPT
OPEN -SPACE EASEMENT
This indenture, made and entered into this day of
o
1991, by and between William Y. Jeong and Beatrice S.
Jeong, Husband and Wife, hereinafter called "Owner ", and the CITY
OF SAN LUIS OBISPO, a municipal corporation of the State of
California, hereinafter called "City ".
WITNESSETH:
WHEREAS, owner possesses certain property situated within the
City of San Luis Obispo, California, as described in Exhibit "A"
attached hereto and made a part of this easement by reference;
Assessor's Parcel No. 01- 171 -08, commonly known as 367 Hill Street.
WHEREAS, that portion of the property lying above the 320.feet
above sea level elevation, hereafter described as the "Subject
Property ", and as more .particularly described in Exhibit "Be#
attached hereto,, and made a part of this easement by reference, has
certain natural scenic beauty and existing openness; and
WHEREAS, an irrevocable offer of dedication of an open space
_easement was required as a condition of City approval of a use
permit U1463 allowing a new house at 367 Hill Street; and
WHEREAS, both Owner and City desire to preserve and conserve
for the public benefit. the .natural scenic beauty and existing
openness, natural condition and present state of use of the Subject
Property; and
WHEREAS, the Owner has offered the Subject Property to
Preserve the scenic beauty and existing openness by the restricted
use and enjoyment of the Subject Property by the Owner through the
imposition of a perpetual open space easement with conditions
hereinafter expressed; and
WHEREAS, the Owner is-willing to grant the perpetual open
space easement on the Subject Property;
NOW THEREFORE, in consideration of the Subject Property and
in compliance with Chapter 6..6 of Part I of Division 1 of Title 5
of the Government Code of the State of California commencing with
Section 51070, and in further consideration of the mutual promises,
covenants, and the conditions herein contained and the substantial
public benefits to be derived therefrom, the parties hereunto
1
i
agree, as follows:
1. Owner hereby grants to City an open -space easement in and to
the subject property, said grant of open space easement
conveying to City an estate and interest in the Subject
Property of the nature and character and to the extent
hereinafter expressed and resulting from the restrictions
hereby imposed upon the use of the Subject Property by Owner.
To that end, and for the purpose of accomplishing the intent
of the parties hereto, Owner covenants on behalf of itself,
its heirs, successors and assigns, with the City, its heirs,
successors, and assigns to do and refrain from doing severally
and collectively upon the Subject Property the various acts
hereinafter mentioned.
2. The restriction hereby imposed upon the use of the Subject
Property by Owner and. the acts which Owner shall refrain from
doing upon the Subject Property in connection herewith are,
and shall be, as follows:
A. No structures will be placed or erected upon said
premises. If desired, see - through fencing appropriate
to open space preservation may be allowed if approved by
the Architectural Review Commission.
B. No signs, billboards, similar structures or devices, or
advertising of any kind or nature shall be located on or
within the Subject Property.
C. Owners shall not plant nor permit to be planted any
vegetation upon the Subject Property except as may be
associated with erosion control, fire protection, soil
stabilization, or as allowed and approved by the
Community Development Director. Any such vegetation
shall be drought tolerant and visually compatible with
the hillside.
D. The general topography of the Subject Property shall be
preserved in.its natural condition. No grading shall be
allowed.
E. No extraction of surface or subsurface natural resources
shall be allowed.
F. No removal of natural vegetation shall be allowed except
for fire protection or elimination of dead growth as
approved by the Community Development Director.
3. This easement shall remain in effect in perpetuity.
4. This grant may not be abandoned by the. City except pursuant
to all of the provisions of Section 51093 of the Government
Code of the State of California.
5. This grant of open space easement as specified in Section
51096 of the Government Code of the State of California, upon
execution and acceptance in accordance with Chapter 6.6 of
2
1/\ 1
Part 1 of Division 1 of Title 5 of the Government Code of the
State of California commencing with Section 51070, shall be
deemed to be an enforceable restriction within the meaning of
Article XIII, Section 8 of the Constitution of the State of
California.
6. Land uses permitted or reserved to the Owner by this grant
shall be subject to the ordinances of City regulating the use
of laro.
7. The terms contained herein shall be binding on the parties
hereto and their heirs, successors and assigns.
IN WITNESS WHEREOF, the parties hereto, have executed this
document on the day and year first above written.
OWNERS:
WILLIAM Y. JEONG BEATRICE S. JEONG
CITY OF SAN LUIS OBISPO:
State of California )
County of San Luis Obispo )
On this day of 19__ , before me,
a notary public, personally appeared
and known to me to be
of and known to me to be
the person who executed the within instrument on behalf of said
public corporation, agency or political subdivision, and
acknowledged to me that executed the same.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
7
EXHIBIT "5"'
THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER
OF SECTION 27, TOWNSHIP 30 SOUTH, RANGE.12 EAST, MOUNT
DIABLO MERIDIAN, IN THE CITY OF SAN LUIS OBISPO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON PIPE, SAID POINT BEING THE
NORTHWEST CORNER OF PARCEL 1 PER MAP FILED IN BOOK 53,
AT PAGE 68 IN RECORD OF SURVEYS, ON FILE IN THE OFFICE
OF THE COUNTY RECORDER;
THENCE FROM THE POINT OF BEG]
EAST, 85.00 FEET TO A 1/2 INCH
SHOWN IN BOOR 53 AT PAGE 68 IN
THENCE SOUTH 690 081 28" EAST,'
THENCE NORTH 200 15' 15" EAST,
THENCE NORTH 12° 37" 56" WEST,
REBAR TAGGED PE 21807 AS SHOWN
RECORD OF SURVEYS;
INNING SOUTH 390 511 '42"
REBAR TAGGED PE 21807 AS
RECORD OF SURVEYS;
425.00 FEET TO A POINT;
150.94 FEET TO A POINT;
80.00 FEET TO A 1/2 INCH
IN BOOK 53 AT PAGE 68 IN
THENCE SOUTH 89° 38' 67" WEST, 486.39 FEET TO A 1/2"
IRON PIPE; THE TRUE POINT OF BEGINNING.
(END OF DESCRIPTION)
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RESOLUTION NO. 7066 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION,
APPROVING CONTINUATION OF FRATERNITY USE BUT DENYING RUSH
ACTIVITIES AT 720 AND 726 FOOTHILL BOULEVARD (U1515)
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
r
SECTION 1. Findings. That this council, after
consideration of public testimony, the applicant's request for
amendments to an approved use permit (U 1515), the Planning
Commission's action, staff recommendations and reports thereon,
makes the following findings:
1. The site is in a high- density neighborhood that has
existing parking and noise problems.
2. The allowance of rush events at the site will adversely
affect the health, safety, or welfare of adjacent
neighbors.
SECTION 2. Appeal denied. The appeal of the Planning
Commission's action is hereby denied, and therefore rush events are
not allowed at the site, and the use permit is approved subject to
all findings and conditions noted in Planning Commission Resolution
no. 5075 -91.
On motion of Councilman Roalman
seconded by Councilwoman Rappa , and on the following roll
call vote:
AYES: Councilmembers Pinard, Rappa, Reiss and Roalman
NOES: Mayor Dunin
ABSENT : None
R -7066
Resolution No. 7066 (1992 Series)
U1515: 720 and 726 Foothill Blvd.
the foregoing resolution was passed and adopted this 7th day of
January , 1992.
J
ATTEST:
V
City erk Pam Vo ky
APPROVED:
/e��7 4,t�, it� 't zS ,
City Administrative Off'cer
Community Dev lbpment Director
U
�y
/A
i
RESOLUTION NO. 7065 (1992 Series)
A.RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL FROM THE ACTION OF THE
ARCHITECTURAL REVIEW COMMISSION TO APPROVE RENOVATION
OF A PUBLIC PLAYLOT AT 870 MISSION STREET.
WHEREAS, the Architectural Review Commission conducted
public hearings on application No. ARC 91 -90 on October 14, 1991
and November 18, 1991, and approved plans to renovate the
existing playlot at 870 Mission Street; and
WHEREAS, the immediate neighbor to the north, Mr.
Merrill Gaines of 945 West Street, has appealed that decision to
the City Council; and
WHEREAS, the City Council has considered the testimony
and statements of the appellant, 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 taken by the Architectural Review Commission to
approve renovation plans for the playlot at 870 Mission Street,
subject to the following findings:
SECTION 1. Findings.
1. The appellant's concerns with the design of the proposed
renovation to the playlot were adequately addressed during
architectural review of the project. !,
2. The proposed renovation is compatible with the low density
residential character of the neighborhood.
f
R -7065
Resolution No.
ARC 91-92
Page 2
7065
i
(1992 Series)
On m_ otion of Councilwoman Pinard
seconded by Councilman Reiss
following roll call vote:
and on the
AYES: Councilmembers Pinard, Rappa, Reiss, Roalman and Mayor.Dunin
NOES: None
ABSENT: None
the foregoing resolution_ was passed and adopted this 7th day
of January _ , 199,2.
-.00 .`
ATTEST•
,City 4lerk PAM V ES
APPROVED:
r 17
City Admnist give Officer
vi� IIorney
Community Develo m nt Director
or RON
�J���
�J
1�" 1 �' �N
J � \\�,�
-}
-.:�
�.
���
. .. - •
RESOLUTION NO. 7064 (1992 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CONFIRMING COSTS OF CURB, GUTTER AND SIDEWALKS CONSTRUCTED
UNDER CITY ORDINANCE FOR PUBLIC CONVENIENCE AND NECESSITY
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 has reviewed costs of construction, submitted by the
Superintendent of Streets, heard any objections or protests
raised by the property owners liable to be assessed and any other
:interested persons, and made revisions as deemed just. The
Council hereby confirms said costs as submitted or as revised.and
as set forth hereafter.
SECTION 2. That the hereinafter listed construction costs
shall be paid within five (5) days after the date hereof and any
such costs remaining unpaid thereafter shall be turned over to
the City Tax Collector to be placed as a lien against the
property and collected with the City taxes, and subject to the
same.penalties and costs if not paid on the first installment.
The property owners, addresses and construction costs are shown
on Exhibit "A ".
SECTION 3. If the assessment is $1,000 or more, payment may
be made in three annual installments at ten percent (10 %)
interest subject to all the curative clauses and powers of the
1911 Act. The property owners addresses and construction costs
are shown in Exhibit "B ".
R -7064
Resolution No. 7064 (1992 Series)
On.motion of Councilman Reiss , seconded by.
Councilman Roalman , and on the following roll call vote.:
AYES: Councilmembers Rappa, Reiss, Roalman and Mayor Dunin
NOES: Councilmember Pinard
ABSENT: None
the foregoing Resolution was passed and adopted this 7th day
of January- , 1992.
ATTEST.
City Pferk
City Adpinistrative Officer
Finance
L �i8
Public Works Director
sideres /dhi34
Exhibit A
d"
Location APN Owner Cost
Exhibit B
Property owner where costs are over $1,000.00 and who have opted for the three (3) year
payoff:
Property Owner Location -
Cost of I=rovements.
r \
yvV�
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C
Recording requested b Doc. NO. 22209
y OFFICIAL RECORDS
and when recorded mail to: SAN LUIS OBISPO CO., CA
8
City Clerk APR 0 2 1992 2675
City of San Luis Obispo
P. 0. Box 8100 FRANCIS M. GOONEY
San Luis Obispo, CA 93403 -8100 County Clerk - Recorder
'nME 2 : 10 PM
RESOLUTION NO. 7063 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT A PORTION OF SAN LUIS DRIVE IS
UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC PURPOSES AND
ORDERING THE ABANDONMENT OF SAME SUBJECT TO CONDITIONS.
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. In accordance with the public hearing duly held
on January 7, 1991 pursuant to Section 8300 et seq. of the
California Streets and Highways Code, this Council finds and
determines that a portion of San Luis Drive right -of -way as
described and shown on the map marked "Exhibit A", attached
hereto and incorporated herein is not necessary for present or
future public purposes.
SECTION 2. This Council hereby orders the abandonment of
said right of way, subject to:
1. Removal of existing asphalt concrete paving.between the
curb line and the new building setback.line' and installation
or bonding for landscaping, to the satisfaction of the
Community Development Director, and
E RJ
A 1992
SAN LUIS OBISPO, CA
0
.0^ i771
_ "i�OAJL
R-7063
VOL J861PAGE368
Resolution No. 7063 (1992 Series)
Page Two.
J
2. Execution of a standard covenant to defer sidewalk
improvements, to the satisfaction of the City Engineer and
Community Development Director.
3. she above -= conditions must be met within 90 days of the
date of this resolution or the resolution shall be null and
void, unless extended by the Council.
SECTION 3. Upon notice by the City Engineer that all
conditions prescribed in Section 2 above have been met, the City
Clerk shall cause a certified copy of this Order of Abandonment,.
duly attested under the seal of the City, to be recorded in the
Office of the Recorder of the County of San Luis Obispo.
On motion of Councilman Reiss , seconded by Councilman Roalman I
and on the following roll call vote.
AYES: Councilmembers Pinard, Rappa, Reiss,.Roalman and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 7th day of
January , 1992.
e-YAYOR RON DUNIN
ATTE
� ( 14^
CITY LERK PAM S
V
OL �861PAGE369
Resolution No. 7063 (1992 Series)
Page Three,
APP OVED:
IL
city Administrdtive of fiber
c& o)
ttlor e
community De a opment Director
city Engineer
F: \jerry\SLDAban.wv
VOL 3861Pd6E3 1 O
THAT
TRACT
a
LEGAL , DESCRIPTION
)N OF SAN LUIS DRIVE RIGHT OF WAY, AS SHOWN
43, RECORDED IN BOOK 5 OF MAPS. AT PAGE 62
;ORDER, CITY OF SAN LUIS OBISPO, STATE OF CAL
9ag@) .
OF
OF THE
PARTICULARLY
THAT PORTION. ADJACENT TO LOTS 28 AND 29 OF SAID TRACT NO. 43, LYING SOUTHEASTERLY OF THE
FOLLOWING DESCRIBED . LINEt
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 28; THENCE, NORTHEASTERLY ALONG THE
NORTHWESTERLY LINE OF SAID LOT 28 A DISTANCE OF 51.25 FEET TO A POINT; SAID POINT BEING _THE
BEGINNING OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 280.00 FEET, A CENTRAL
ANGLE OF 22 DEGREES 29 MINUTES 59 SECONDS AND A LENGTH OF 10945; MORE; OR LESS.
My or EXHIBIT „ A"
sm .San tuts OBiSpO SAN .LUIS DRIVE
Public Works Department ABANDONMENT
sibs mco o St Si= Luis Obispo, CA 95401
END OF DOCUMENT TIRRI DIMC1 71 RM" / "
MEMORANDUM
DATE: 3 -30 -92
TO: IPam Voges; City Clerk
FROM: ✓Jerry Kenny, Supervising Civil Engineer
SUBJEC : San Luis Drive Abandonment
The conditions prescribed in Section 2 of the final abandonment
resolution (Resolution No. 7063 (1992 Series)] for a portion of
San Luis Drive have been met.
The applicant has signed an agreement and a promissory note to
guarantee removal of the asphalt in the setback area and for
installation of landscaping, to be completed with the impending
building addition. A covenant has already been recorded which
requires sidewalk installation when called due by the City
Engineer.
Therefore, you may record the resolution. Please send me a copy
of the recorded document since I must send recorded copies to the
utility companies.
Thanks.
c: Whitney McIlvaine
HB /MB file
P: \jerry \SLDAb.wp
MAR 3 1 1992
C 'CLERK
SAN L IS ISPO, CA