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HomeMy WebLinkAbout7063-7099t RESOLUTION NOS. 7100 - 7999 were inadvertently skipped (never used) Go directly to 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: qty A inistrative Officer 0 (I,'. ����' a �� .� r, � -w T L. �- .___ y.u_ ( .,tr • �� u � �. 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 I 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: U49 City dlerk U Resolution No. 7097 (1992 Series) Page 3 APPROVED: jg Z. )'--' ty A nistrative Officer Community Dev o ment Director �t �'y.. �� ,��, ����� ��� ��� \\o ,- _, L 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 ���% ,-� �� a \o O 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 o c� 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. n Dnin ATTE S City Clerk Pa Voges t �/. �( 1 EXHIBIT ..A.g t fl O �5�L0 R -1 R -3 m 1l.9 kvr=. WIMWO 771S75 &(.5 (091 Cog$ O O. N ZOO 6 • 9t PN0"4 9 Ob�3 +5 G q • Y 101 i R B `1k i Ise o \ 0 h� � I �o C\ 04 O Ar O \Z.I;Ooor a S i a ` o t0 4 yam`' 1 O t e � fSy ® T� N. IL o I A4C 91 $Y rTm7 ER,i$.M I °k $754,73% ARG e4- 94 ut449 -s a ARC 90 -4ti Ht I o •06 ptC 40 -,34 r¢ Q LL13�5 �2 iiovc co I O�fKES O O ol O �❑ E3 L V ®' CHARLES CROTSER, A.I.A, f707) Post Or" Box 12528 San L ut3 Obt?F n CA 03406 u -ooro OAL 64 -79 43 "A s0-Bo firaT •8; uo•LS C�[,u1tRS 7698 x� � 1 �� ��� �� RESOLUTION-"All 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: o U City C erk Pam ges APPROVED: City A inistrative Officer ,O i Q • � TN islt ✓b. L2,� 0 Q v� R — 4D r� O /0 iC. 1206 Peach From R-3-H to 0 -H • e •Csc} R . - �e i� ^3 b • G1` \ .J vl\�\O EXHIBIT A R — 4 �bo fl r J 40 e � • 2 �r �, -,• `� "ter" ZONING MAP i e � , 14 Peach From R-3 to 0 � v •c ^4• ,L Y p <r (-F) r . -7 r -� \J / - v r� e• fa [\ r'l \\ &�,<\\ " /_0' GAAPMIC SCALE: 0 SO 100 .200 300 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 _z r� 1 f •4 t t� i ,J% 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 .0400*4111,*N � -." ==W=" on u o JyW r� 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 I �) 0 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 by of 4`0 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 f r j • . / 1 Utilities Director astewater Dlivigion Manager 17th day of March �r W go a mayor Ron Dunin c�� ,-� �� C �1 O 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 • YOR UNIN ATTEST. UA\ CITY C ERK APPROVED: \f:bill. �� ���1� ,. O 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 �t�� �`��� n �l 1 �,� ',�, 3`a ti� �' �� .� 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 � � � �� e �° � J�� � �� ��� n .�� 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 i I ��. N �� •' �� i r Y 1�'`� ,� . 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 _ �� � C ��� ��� ���� Q'` C _u 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 �� ,� o ��� � c,� 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 •. • `i % Mayor Ron Dunin Director of Finance Director of Utilities 0 it �J 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, � "Ile I' I � 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 W</ . l / hw \sloaccl.rpt �Jb 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 %' i o� ra P 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: I� VIVIVIAM20110.0 v • 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 4 0 ��Q ����� 1 �� �ry �- . -_ .. ... i 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 n Pam Vog `s, City C�rk APPROVED: Ci y Adminis ative Officer ,� �. ��\Ct� ry J �� � � _ 'r 1 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 0 om 7 0 e me r on Darns Q 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 \smoke20 't tt n \smoke20 Vd 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: C� `' �� � �� N �" �� �, � �� l` ��' ��� __; 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 nry \Lwa. L JJL. G 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 1 Cityv Clerk P t Voges APPROVED: City dministrative Officer kh:bw \princi.rpt ��1 v 111'' - ,},� � ,,� �� ,�. ,� �� �; �, 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 %,.$ C 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 M- ITRTT A C 0 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) � 03 Z CD z '' N0.32,898 p4o�TF QF do o; I r a � N N° y Y YYg 8 <pZ T° e� S AnA 2 n _ � �n ; .FES° o a ri ° a � p i m N DNS A ��v A SCAL.V— : ►► fl 10� Cat, N s g \Y3 s i ° a � p i M w T DNS A ��v SCAL.V— : ►► fl 10� Cat, '1) i a-D-4 m 2 A i mii N a v n C� � N L A A � Y rL A n °. oz - L Nv O n O z Z z z V° o� n I 0 a 1 G: \Y3 s i ° a � p i M w T SCAL.V— : ►► fl 10� Cat, '1) x i is N wy a� e O Y O• a a^ a p V N a � n � D,n ^ ° O n a; 4 L p. a a' • N e G: \Y3 s V a ♦ • p i M a a^ a p V N a � n � D,n ^ ° O n a; 4 L p. a a' • N e G: \Y3 s a. s SCAL.V— : ►► fl 10� Cat, e M q`i V• 8 ) r fx :L• '�• %) .-l) o z i•3,\�y . a i ► W iL —L_ _ n u ^N ♦ G: \Y3 s a. s SCAL.V— : ►► fl 10� Cat, ����� I -�`\P\ u 0 k� l i 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� �i �� 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