HomeMy WebLinkAbout8472-8499RESOLUTION NO. '11996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION
DENYING AN APPEAL OF THE ADMINISTRATIVE HEARING OFFICER'S
ACTION APPROVING A SIDE YARD REDUCTION
FROM FIVE FEET TO THREE FEET
AND ALLOWING TANDEM PARKING AT 886 LINCOLN AVENUE
(A 157 -95)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of public testimony, the
appellant's request and statements, and the Planning Commission's recommendations, staff
recommendations, public testimony, and reports thereof, makes the following findings:
1. The reduction is for a minor addition to an existing legally non - conforming structure. The
structure does not conform to current regulations because it is set back 3' from the
westerly property line while a 5' setback would now be required.
2. The separate bedroom in the. former garage building was created in accordance with an
approved building permit. Therefore, that approval resulted in the legal removal of one
parking space. However, the size of the remaining parking space in the garage may be
narrower than the original permit allowed, and is therefore not a legal or practical parking
space.. Therefore, to retain that wall the property owner must provide a conforming
parking space to replace the narrow space within the building.
3. The addition, a 180-SF carport, to the front of the existing storage- bedroom building, is
a logical extension of the existing non - conforming structure.
4. No useful purpose would be realized by requiring the full yard, because it would make
access to the parking space under the carport difficult, and the small carport will not
significantly affect solar shading of the adjacent property to the west.
5. No significant fire protection, emergency access, privacy or security impacts are likely to
result from the addition.
6. It is impractical to obtain a 10 -foot separation easement for the area between the addition
and any buildings on the adjacent lot to the east, because 1) a ten -foot separation does not
now exist between buildings; and 2) the easement would affect only property adjacent to
the new carport, making the requirement ineffective in maintaining a ten -foot separation
along the westerly property line.
R -8499
Resolution no. 8499(1996 Series)
886 Lincoln Avenue
Page 3
7. The parking spaces will serve the residents of the home only, and therefore are both under
the residents' control.
8. Both parking spaces will be set back more than 20' from the street property line.
SECTION 2. Appeal denied. The appeal of the Planning Commission's action is hereby denied,
and the project is hereby approved with the following
1. A ramp must be provided from the existing driveway to the bricked patio and parking area
currently under construction, to assure that vehicles can be parked under the carport, to
the approval of the Building Division.
2. Access to the carport must not be blocked by plants or other means at any time.
On motion of vice Mayor Williams , seconded by Council Member Smith
and on the following roll call vote:
AYES: Council Members Williams, Smith, Roalman, Romero, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this day of February 1996.
Mayor Allen Ks. Settle
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By Asst. City Clerk Kim Condon
APPROVED:
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RESOLUTION N0849�1996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE CHORRO AREA NEIGHBORHOOD
TRAFFIC CALMING PLAN
WHEREAS, the City's General Plan Circulation Element calls for the preparation of
Neighborhood Traffic Management Plans for various residential areas to protect these areas from
intrusive traffic problems; and
WHEREAS, the Chorro Street area is one of the seven residential neighborhoods
identified by the Circulation Element as warranting the development of a traffic management plan
(reference Figure 93, Page 21); and
WHEREAS, in August, 1995, residents of the Chorro Area requested and the City Council
directed the City staff to work with the residents to develop a traffic management plan for the
Chorro Area and return with a proposal by January 1, 1996; and
WHEREAS, interested Chorro Area residents formed a design group that sponsored a
neighborhood workshop to define area traffic problems, prepared a draft plan, reviewed the plan
with area residents at a second workshop, held various neighborhood meetings and amended=the
draft plan in response from public input, and submitted a final draft of the plan to the Public
Works Department for processing; and
WHEREAS, the Community Development Director has reviewed the final draft of the
Chorro Area Neighborhood Traffic Calming Plan, and has prepared a Mitigated Negative
Declaration; and
WHEREAS, the City Council has reviewed and considered the environmental
determination made by the Community Development Director and has incorporated mitigation
measures into the plan to address areas of potential significant impact identified by the Director.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
1. Council hereby adopts the Mitigated Negative Declaration prepared for the Chorro
Area Neighborhood Traffic Calming Plan by the Community Development
Director.
2. Council hereby adopts the Chorro Area Neighborhood Traffic Calming Plan.
3. Copies of the Chorro Area Neighborhood Traffic Calming Plan will be distributed
to City departments and made available to the public at the Public Works
Department and City Clerk's offices.
Page 2 - -- Resolution No. 8498 (1996 Series)
On motion of Council Member Smithseconded by Council Member Roalman and
on the following roll call vote:
AYES: Council Members Smith, Roalman, Williams, Mayor Settle
NOES: Council Member Romero
ABSENT: None
the foregoing resolution was adopted this 29 day of February , 1996.
Mayor Allen K. Settle
ATTEST:
Assistant City Clerk Kim Condon
APPROVED:.
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RESOLUTION N 0 (1996Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A USE PERMIT AND ARCHITECTURAL REVIEW FOR A HOMELESS
SERVICES CENTER ON CITY PROPERTY AT 43 PRADO RD.
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 Use Permit and
Architectural Review applications, public testimony, and reports thereof, makes the following
findings:
1. The project's Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed development and reflects the independent judgement
of the City Council.
2. The proposed use will further goals and policies of the City's General Plan which calls for
consolidation of social service uses in the Prado Road area.
3. The proposed use, as conditioned, will not be detrimental to the public health, safety, or
welfare of persons working or living in the vicinity and will be compatible with surrounding
land uses.
4. The proposed design of the Homeless Services Center and site improvements will be
compatible with the character of the surrounding Service Commercial and Office area and will
comply with City development regulations.
SECTION 2. The request for approval of the Use Permit and Architectural Review for the
proposed Homeless Services Center at 43 Prado Road is hereby approved subject to the following
conditions of approval:
The site shall be maintained in a neat and orderly manner.
2. The project shall include facilities for on -site trash containment, as well as for interior and
exterior recycling, to the approval of the City Engineer and the Community Development
Director. The applicant shall consult with local recyclers regarding the size and locations of
areas dedicated to on -site recycling storage.
Resolution No. 8497 `96 Series)
Page Two
3. The applicant shall submit proposed building colors and detailed landscaping and irrigation
plan for approval by the Community Development Director prior to issuance of a Building
Permit.
4. A drainage plan shall be prepared and submitted along with the Building Permit that shows
how site runoff will be disposed of in accordance with City standards.
5. The permanent parking lot shall be paved with an all- weather surface in accordance with City
Parking and Driveway Standards. Alternative. permanent paving may be approved by the
Community Development Director provided it provides a suitable, all- weather, load- bearing
surface to support passenger cars and light -duty trucks.
6. Curbing around all landscape areas within the parking lot shall be in accordance with City
standard curb design No. 4020.
7. Disabled access requirements of the Building Code shall be complied with including suitable
access between the facility and a "public way" to the satisfaction of the Chief Building
Official.
8. The proposed Eating Area building must maintain a minimum 10 foot setback from the Firing
Range building and the southerly wall must be of 1 -hour fire resistive construction to the
satisfaction of the Chief Building Official. No openings will be permitted in this wall.
9. The proposed storage containers must maintain a minimum 20 foot setback from the property
line or wall opposite the property line must be of 1 =hour fire resistive construction to the
satisfaction of the Chief Building Official.
10. Soundproofing shall be added to the multi - purpose building to reduce noise to 50 decibels
(dB) or less.
11. No electro- magnetic transmission which would interfere with operation of aircraft shall be
allowed.
Resolution 8497
Page 2
On motion of Council Member Roalman seconded by Council Member Smith=:.:. and
on the following roll call vote:
AYES: Council Members Smith, Roalman, Williams, Mayor Settle
NOES: Council Member Romero
ABSENT: None
the foregoing resolution was passed and adopted thisZo day of February 1996.
ATTEST:
Mayor Allen K. Settle
ij
'CityClerk
by Asst. City Clerk Kim Condon
APPROVED:
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RESOLUTION NO. 8496 (1996 Series)
AMENDMENT OF COUNCIL POLICIES AND PROCEDURES
CONCERNING USE OF THE COUNCIL CHAMBERS
WHEREAS, governmental agencies and non - profit organizations have been using the
City Council Chambers on an increasingly frequent. basis with no fee charged; and
WHEREAS, the City incurs expenses. in terms of staff time and maintenance costs
when these rooms are used by outside parties; and
WHEREAS, the City charges a fee to governmental agencies and non- profit
organizations for use of the Community Room at the City/County Library; and
WHEREAS, the City does not wish to be perceived as supporting any particular
candidate for political office; and
WHEREAS, public agency facilities and resources should not be used for the benefit
of individual candidates;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo amends the Council Policies and Procedure, s, Section 1.15, "Use of Council
Chambers" as shown in Attachment A.
Upon motion of Vice Mayor Williams ,seconded by .Council Member Romero ,
and upon the following roll call vote:
AYES: Council Members Williams,-Romero, Roalman, Smith, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 20 day of February , 1996
MA " OR ALLEN SETTLE
ATTEST: ./
By /st. City Clerk Kim Condon
APPROVED:
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R -8496
' ATTACHMENT A
Council Policies & Procedures Chapter 1: Meeting Guidelines & Procedures
1.1.3.2 Study Sessions will be held at a time and place convenient to
Council and advantageous for public participation.
1.1.3.3 Participation of the public shall be at the discretion of the Presiding
Officer, upon consensus of the Council. (Prior Res. 6505)
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three members of the
City Council. (GC § 54956) Written notice of each special meeting must
be given not less than twenty -four (24) hours before such meeting to
each member of the City Council not joining the call. (Ord. 677)
1.1.4.2 Written notice must be given to the City Council and to the media 24
hours prior to each meeting. (GC § 54956)
1.1.4.3 A supplemental telephone call shall be made if necessary to notify each
Council Member. (Prior Res. 6505)
1.1.4.4 No business other than that announced shall be discussed. (Prior Res.
6505)
1.1.4.5 Any special meeting held at a place other than City Hall shall be open
to the public. Notice requirements of the Brown Act shall be complied
with for any such meetings; regular minutes shall be taken by the City
Clerk and shall be available for public inspection. (Prior Res. 6505)
1.1.5 USE OF COUNCIL CHAMBERS
1.1.5.1 The City Administrative Officer, or designee, is responsible for
maintaining a calendar on the use of the Council Chamber and all
requests for reservations shall be cleared through the administrative
office. (Prior CP &P § 9:08)
1.1.5.2 When a question arises regarding permission for any group to use the
facility, the City Administrative Officer shall have authority to make the
final decision. (Prior CP &P § 9.08)
1.1.5.3 The following rules are established as a guide:
1.1.5.4 Use of the Council Chamber by City commissions, committees, and
other advisory bodies shall take precedence over any other group or
agency.
page 2
Council Policies & Procedures Chapter 1: Meeting Guidelines & Procedures
1.1.5.5 Favorable consideration shall be given to
and non -profit groups. 'vll
a commercial nature shall be
1.1.5.6 No admission shall be charged. No events featuring the service of food
or drink shall be allowed.
1.1.5.7 Regularly scheduled meetings by other agencies and groups shall be
discouraged. (Prior CP &P § 9.08)
1.2 AGENDA
1.2.1 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
Any Council Member may request an item be placed on a future agenda during
Communications, and upon consensus of a majority of Council, staff will prepare a staff
report if formal Council action is required. An individual Council Member may place an
urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum
from the Council Member to the Council and staff setting forth the substantive issues of the
item. For the purpose of this paragraph, urgency shall arise in those limited situations where
an item requires immediate action, and the need to take immediate action came to the
attention of the Council Member subsequent to the distribution of the agenda. (Res. 8473)
1.2.2 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda during Public
Comment or via other communication with Council Members, and upon consensus of a
majority of Council, a staff report will be prepared and approved by the C.A.O. or his
designee. (Prior Res. 6505)
1.2.3 EMERGENCY ITEMS
Emergency items may be placed on the agenda only in accordance with state law.
Generally, only those matters affecting public health or safety may be considered emergency
in nature. A four -fifths vote of Council is necessary to add an emergency item. (Prior Res.
6505)
page 3
RESOLUTION NO. 8495 (1996 Series)
AUTHORIZING PARTICIPATION IN COUNTY -WIDE D.U.I. REDUCTION
PROGRAM DURING THE THANKSGIVING THROUGH NEW YEAR'S HOLIDAY
SEASON OF 1996
WHEREAS, the City of San Luis Obispo is committed to maintaining a safe
community for its residents and visitors; and
WHEREAS, the City Council, along with the community, Public Safety staff, and
community service organizations, will not tolerate driving under the influence; and
WHEREAS, the City Council has scarce resources to enforce driving under the
influence violations; and
WHEREAS, driving under the influence exacts a high toll on human life, injury, and
property damage; and
WHEREAS, the law enforcement agencies in San Luis Obispo County have joined
together in the fight to take swift action in identifying and removing from the roadways
driving under the influence violators; and
WHEREAS, the State of California Office of Traffic Safety has granted funds to the
California Highway Patrol for implementation of SLOCOPS, and the California Highway
Patrol is prepared to make available necessary funding to the City of San Luis Obispo;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo does fully recognize and commend the community and its Police Department
for their continuing effort to deter, and prompt action to further reduce the number of drivers
that are under the influence of alcohol and operating motor vehicles, and hereby authorizes
R -8495
Resolution No. 8495
Page No. 2
(1996 Series)
participation in the.combined County -wide law enforcement agencies' grant (SLOCOPS) to
reduce driving under the influence accidents during the Thanksgiving through New Year's
holiday season of 1996.
On motion of vice Mayor Williams , seconded by
Council Member Romero
and on the following roll call vote:
AYES: Council Members Williams, Romero, Roalman, Smith, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 20 day of Fahr„ar;4
1996.
Mayor Allen K. Settle
ATTEST:
> , City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 8494 (1996 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CONFIRMING THE APPOINTMENT OF THE CITY ADMINISTRATIVE OFFICER
AS CITY CLERK AND AUTHORIZING THE CITY ADMINISTRATIVE OFFICER
TO DELEGATE THOSE DUTIES TO A POSITION WITH THE FUNCTION AND
TITLE OF CITY CLERK
WHEREAS, Article VII, Section 701 of the City Charter authorizes the City Council
to appoint a City Clerk;
WHEREAS, efficient functioning of the City Clerk's office necessitates delegating
those duties to a position other than the City Administrative Officer;
NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The.City Administrative Officer is hereby appointed concurrently to
hold the position of City Clerk.
SECTION 2. The City Administrative officer is hereby authorized to delegate the
duties of the City Clerk to another position with the function and title of City Clerk.
On motion of vice Mayor Williams , seconded by. Council Member Romero
and on the following roll call voter
AYES: Council Members Roalman, Romero, Williams
NOES: Council Member Smith, Mayor Settle
ABSENT: None
the foregoing Resolution was passed and adopted this 20th day 'offFebruary, 1996.
Mayor Allen Settle
ATTEST:
b.y "Asst. City Clerk Kim Condon
APPROVED:
R -8494
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RESOLUTION NO. 8493 (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADOPTING BIA RULES AND REGULATIONS FOR THURSDAY
NIGHT ACTIVITIES
WHEREAS, the original purpose of Thursday Night Activities was
to promote Downtown San Luis Obispo businesses, and
WHEREAS, this purpose must be constantly reinforced through
the application of Thursday Night Activities Rules and Regulations; and
WHEREAS, the Business Improvement Association wishes to
strengthen the current Thursday Night Activities Rules and Regulations.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City
of San Luis Obispo as follows:
SECTION 1. Resolution 8335(1994 Series) is hereby rescinded.
SECTION 2. That the BIA Rules and Regulations for Thursday Night
Activities, attached hereto marked exhibit "A" and incorporated herein by
reference, have been reviewed and are accepted. Recommended changes
shall be made from time to time by the BIA Board of Directors for
subsequent Council approval.
On motion of Council Member Roalman and
seconded by Council Member Smith and on the
following role
call vote:
AYES: Council Members Roalman, Smith and Mayor Settle
NOES: Vice Mayor Williams and Council Member Romero
ABSENT: None
the foregoing resolution was adopted this day of � ry, 9
Mayor Allen Settle
By Kim::Con-aOn, Assistant City Clerk
APPROVED TO FORM AND CONTENT:
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RESOLUTION NO. 8492(1996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S
DETERMINATION TO REQUIRE A FOCUSED ENVIRONMENTAL IMPACT REPORT
FOR A 66.6 - ACRE ANNEXATION AND DEVELOPMENT PROJECT PROPOSED ALONG
LOS OSOS VALLEY ROAD BETWEEN MADONNA ROAD AND HIGHWAY 101
(FROOM RANCH) ANNX/R/ER 80 -95
BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows:
SECTION 1. Findings. The Council, after consideration of the appellant's statement, the
environmental determination of the Community Development Director, staff recommendations
and reports thereon, makes the following finding:
It can be fairly argued on the basis of substantial evidence, as discussed in the initial study
(ER 80 -95), that the project may have a significant environmental effect. Therefore, an
Environmeetal Impact Report and not a Negative Declaration is required consistent with
Section 15064(g)(1) of the California Environmental Quality Act.
SECTION 2. Action. The appeal of the Director's determination to require preparation
of a focused environmental impact report is hereby denied.
On motion of Roalman seconded by smith and on the following roll call vote:
AYES: Council Members Roalman, Smith and Mayor Settle
NOES: Council Members Romero and Williams
ABSENT. None
the foregoing resolution was passed and adopted this- kt~hday of February , 1996.
Mayor Allen K. Settle
ATTEST:
Ci Cler
By: Kim Condon, Assistant City Clerk
R -8492
Resolution No. 8492 - Page 2
ER 80 -95
Page 2
APPROVED:
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RESOLUTION NO: 8491 (1996 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO DENYING AN APPEAL BY LAURENCE HOULGATE AND
TORRE HOULGATE -WEST OF THE TREE COMMITTEE'S DECISION TO APPROVE
A TREE REMOVAL REQUEST AT 1307 MILL STREET
BE IT RESOLVED by the Council of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after
consideration of the appellant's appeal, and the San Luis Obispo Tree Committee's action,
staff recommendations and reports thereon, makes the following findings:
1. Removing the tree will not harm the character or environment of the surrounding
neighborhood; and
2. Removing the tree will not have any adverse affects on adjacent trees.
3. Removing the tree will promote good arboricultural practice.
SECTION 2. The appeal is hereby denied.
SECTION 3. The decision of the Tree Committee is hereby affirmed.
Upon motion of ' .Smith seconded by Williams , and on the
following' roll call vote:
AYES: Council Members Smith, Williams, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
the following resolution was adopted this hrh day of FPh,-„a,-y , 1996.
Mayor Allen Settle
A
Kim Condon, Assistant City Clerk
A AS TO FORM:
c
R -8491
� l
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1 J
RESOLUTION NO. 8490 (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO OPPOSING THE STATE
INITIATIVE BALLOT MEASURE TITLED THE
MO_BILEHOME FAIRNESS AND RENTAL ASSISTANCE ACT
(PROPOSITION 199)
WHEREAS, a state initiative measure titled "The Mobilehome
Fairness and Rental Assistance Act" (Proposition 199, hereafter
"Mobilehome Initiative ") has been certified for the March 26, 1996
election ballot and, if it becomes law, would preempt all local
ordinances regulating rents on any mobilehome park space; and
WHEREAS, the Mobilehome Initiative would detrimentally impact
the ability of a local jurisdiction to regulate local mobilehome
rent stabilization issues; and
WHEREAS, this Council has opposed and continues to oppose any
legislation which seeks to restrict the City's ability to regulate
mobilehome rent stabilization matters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of San Luis Obispo that it opposes the passage of the Mobilehome
Initiative (Proposition 199).
BE IT FURTHER RESOLVED that the Mayor of the City of San Luis
Obispo be authorized to send a copy of this Council Resolution
opposing the Mobilehome Initiative to the State Legislature, other
cities within the State of California, and to other concerned
organizations, officials, and individuals.
On motion of Williams , seconded by
and on the following roll call vote:
Romero
Ayes: Council Members Williams, Romero, Roalman, Smith and Mayor Sett
Noes: None
Absent: None
u_st /on
Resolution No. 8490 (1996 Series)
Page Two
the foregoing Resolution was passed and.adopted this 6th day of
February 1996.
Mayor- Allen Settle
APPROVED AS TO FORM:
Lnt City Clerk
ILA W14 d
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j� sen
-^. *-.
RESOLUTION NO. 8489 (1996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING
A USE PERMIT FOR THE TEMPORARY RELOCATION OF THE PEOPLE'S
KITCHEN TO CITY PROPERTY AT 609 PALM STREET (CORNER OF PALM AND
NIPOMO STREETS) DURING THE MONTHS OF FEBRUARY AND MARCH 1996.
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 Use Permit for the
temporary relocation of the People's Kitchen to City property at 609 Palm Street, staff
recommendations, public testimony, and reports thereof, makes the following finding:
The proposed temporary use of the site for two months will be detrimental to the public health
safety or welfare of persons working or living in the vicinity.
SECTION 2. The request for approval of the Use Permit for the temporary relocation of the
People's Kitchen to City property at 609 Palm Street is hereby denied and the City encourages the
People's Kitchen to accept temporary facilities offered by the First Presbyterian Church.
On motion of Council Member Romero , seconded by. Council Member Williams and
on the following roll call vote:
AYES: Council Members Romero, Smith, Williams, Mayor Settle
NOES: Council Member Roalman
ABSENT: None
the foregoing resolution was passed and adopted this 23 day of January , 1996.
Resolution 8489; 1996 Series)
Page Two.
by Assistant City Clerk Kim Condon
APPROVED:
i
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Mayor Allen K. Settle
1�-
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RESOLUTION NO. 8488 (1996 Series)
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
WHEREAS, the 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, and
WHEREAS, the premises are maintained in such a manner 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, and
WHEREAS, possible methods of abatement of the property would include; removal of the
items and materials constituting the fire and health hazard, rehabilitation, repair, or demolition of
the premises, or other appropriate action, and
WHEREAS, if the property owner does not voluntarily comply, abatement would be
completed by the City and all costs would be borne by the property owner and would constitute a
lien upon such premises until full payment is received.
NOW, THEREFORE BE IT RESOLVED, the Council intends to hold a public hearing in
the Council Chambers at 7:00 p.m. on March 5, 1996, to ascertain whether said premises constitute
R -8488 ,
Resolution 8488 (l" "iSeries)
Page Two
a public nuisance which may be abated in accordance with Chapter 8.24 of the San Luis Obispo
Municipal Code. The City Clerk is directed to provide notice of the public hearing to the property
owner as required by San Luis Obispo Municipal Code Sections 8.24.050 and 8.24.060.
Upon motion of Council MemhPr Smi th , seconded by Vice Mayor Williams
and on the following roll call vote:
AYES: Council Members Smith, Roalman, Romero, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 23 day of January , 1996.
Settle
ATTEST:
istant City Clerk Kim Condon
APPROVED:
Jeff Jorgensen, City Attorney
G: \COMMON\PREVENT\WP\JJM94.DOC
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RESOLUTION NO. 8487 (1996 Series)
APPROVAL OF LEASE AGREEMENT WITH THE ENVIRONMENTAL
CENTER OF SAN LUIS OBISPO COUNTY FOR A PORTION
OF REAL PROPERTY LOCATED AT 45 PRADO ROAD
WHEREAS, the Environmental Center of San Luis Obispo County ( ECOSLO) has, since
November of 1971, leased a portion of City owned real property located at 45 Prado Road for
the purpose of operating a recycling services center, and
WHEREAS, this lease has been subsequently extended and amended 4 times previous,
and
WHEREAS, the City (Lessor) and ECOSLO (Lessee) desire to enter into a revised lease
agreement to continue to lease to Lessee approximately 23,450 square feet of real property
owned by Lessor, consistent with the terms and conditions established in the attached lease
agreement.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis
Obispo does hereby approve and authorize the Mayor to execute a lease agreement for
approximately 23,450 sq.ft. of City owned real property located at 45 Prado Road, to ECOSLO
for operation of a recycling services center.
Upon motion of Roalman , seconded by Smith and on the following roll call vote:
AYES: Council Members Roalman, Smith, Romero, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 16 day of ,Tam 1996.
Mayor Allen Settle
ATTEST:
Kim ¢bndon, —As
'for City Clerk
stj City Clerk
o.�
N
LEASE OF REAL PROPERTY
45 PRADO ROAD - APN 53- 051 -45
This lease, made and entered into this 1_ day of "Tangy, 199: Eby and between the CITY
OF SAN LUIS OBISPO (hereinafter "City ") a municipal corporation, and the
ENVIRONMENTAL CENTER OF SAN LUIS OBISPO (hereinafter "Lessee "), a community
based non -profit organization.
WITNESSETH:
. WHEREAS, the parties hereto desire to enter into an agreement whereby the City will
lease to Lessee approximately 23.450 square feet of the City's real property located at 45 Prado
Road and known as a portion of APN 53- 051 -45, San Luis Obispo County, California; and,
WHEREAS, the Council of the City of San Luis Obispo has determined that the lease
of said property to Lessee will provide significant public benefit both directly and indirectly
through the operation of a recycling center and provision of certain environmental services; and,
WHEREAS, revenues generated from the use of said property shall be used solely for
the continued provision of non - profit environmental services, and maintenance and improvement
of the subject property, for the benefit of the citizens of the City of San Luis Obispo;
NOW, THEREFORE, in consideration of the promises and agreements, covenants and
conditions stated herein, the parties agree as follows:
1. PREMISES LEASED
City leases to Lessee that portion of APN #53 -051 -45, real property as shown on
Exhibit A to this lease, subject to any, rights and /or easements as may be legally recorded with
the County Recorders Office for the County of San Luis Obispo.
2. TERM
The term of this lease shall commence on February 1, 1996, and extend for a
period of one (1) year.
3. RENEWAL
This lease may be renewed annually following a public review by City Council
of relevant operational information, maintenance and .condition of said property, and
ECOSLO Lease - APN #53- 051 -45
Page 2
environmental services provided to and/or for the City. Following such review, City Council
may determine to extend this lease for an additional year, again pending review of operational,
maintenance and service information, or terminate this lease.
4. RENTAL
Lease of this property for the purposes described herein shall be at no charge to
the Lessee. Lessee agrees to provide recycling buy -back and environmental education services
to the City and community as a public benefit at no charge to the City.
5. UTILITIES
Lessee shall make all arrangements for any payment due for all utilities and
services furnished to or used by it on the leased premises, including , without limitation, gas,
electric, water, sanitation, telephone service, and trash collection. This includes any and all
costs for connection charges. The City assumes no responsibility and makes no warranties
regarding any utilities, and Lessee hereby holds the City harmless in this regard.
6. PROPERTY OR POSSESSORY INTEREST TAX
If this lease should result in the assessment of taxes for this real property,
including, but not limited to, possessory interest taxes, Lessee agrees that any tax liability will
result in an increase in the amount of rent due to the City, equal to the amount of any such tax
liability.
7. USE OF PROPERTY
Lessee shall be entitled to use said property for the purpose of operation of a
recycling center, and for no other purpose. Operation of the center shall consist of purchase of
recyclable materials from the general public, processing of materials purchased and or collected
by Lessee, and storage and transfer of processed recyclable materials. Lessee agrees that the
use of said property as described shall be for the sole purpose of supporting Lessee's non -profit
environmental services and programs and in no way shall be used for "for profit" activities.
Lessee further agrees that a full description of the use of said property, and activities and
improvements occurring on the property will be provided to the City Administrative Officer
annually, and, that any change in use will be submitted to the City for approval prior to
commencement of that use.
8. ALTERATIONS AND REPAIRS
Lessee shall be responsible for any and all alterations and repairs to the property
necessary for the orderly conduct of Lessee's operations. Lessee shall provide to the City for
ECOSLO Lea_ se APN #53- 051-45
Page 3
approval, prior to commencement of any work or activity, a complete description of any
physical alteration of the property including: modifications to fencing, installation of concrete,
paving, excavations and similar improvements and modifications. Lessee further agrees to
remove and return to original, any alterations to said property made by Lessee as requested by
the City upon termination of this Lease at Lessee's sole cost.. Lessee shall be responsible for
any and all repairs of said property and improvements there -on. Any and all improvements and
alterations to said property shall be made in conformance to applicable laws and requirements.
Lessee shall be responsible for obtaining any necessary permits and the cost of such permits as
may be necessary to complete the improvements and /or alterations.
9. MAINTENANCE OF PROPERTY
Lessee shall maintain property in an orderly and first class condition at all times,
satisfactory to the City Administrative Officer or his /her designee.. Lessee shall maintain
adjacent properties free of litter resulting from Lessee's activities. Lessee shall at all times
maintain property in a manner consistent with any applicable federal, state, or local laws and
regulations, and in such a manner as to ensure the protection of the public, Lessee's employees
and the environment.
10. CONTROL OF MATERIALS
Lessee shall be solely responsible for control of materials received and /or
processed at the property. Materials shall be controlled in such a manner as to eliminate any
off -site migration of materials caused by wind, rainfall run -off, seepage, etc. Materials received
shall be processed, bailed, or otherwise stored to ensure control of said materials the same day
the materials are received. No materials subject to migration shall be left loose during non-
business hours.
11. HAZARDOUS WASTE
Lessee shall be solely responsible for the proper storage and disposal of any
hazardous waste received or produced as a result of Lessee's operations. With the exception of
used oil received for recycling, Lessee shall not knowingly receive or store any hazardous waste
on said property. Lessee shall be responsible for the immediate legal and proper disposal of any
hazardous waste received and any and all costs associated with the disposal of said waste.
Within 120 days of the execution of this lease, Lessee shall present to the City Lessee's Hazard
Communication Plan and Hazardous Waste Control and Disposal Plan for any hazardous waste
received and /or handled. The plan shall at a minimum identify procedures and provide
instruction to employees in the event hazardous wastes are found on the premises or in the
recyclables in the possession of Lessee. The purpose of the plan will be to ensure that any
hazardous waste found and possessed by Lessee is handled and disposed of in compliance with
Federal State an local laws, rules and regulations. Lessee shall be solely responsible and liable
ECOSLO Lease - APN #53- 051 -45
Page 4
for any and all costs associated with clean-up of any soil, water or other contamination resulting
from Lessee's operations. With regards to used oil received for recycling, Lessee shall at all
times receive, store, transport and dispose of used oil in accordance with all applicable laws.
12. TRAFFIC CONTROL
Lessee shall be responsible for control of traffic related to Lessee's operations.
Lessee shall establish adequate controls, traffic flow,. parking, and materials transfer locations
and procedures so as not to interfere with the flow of traffic on Prado Road and the Water
Reclamation Facility (WRF) access road. Lessee shall provide and maintain the controls,
clearances and visibility necessary to ensure the safe and orderly ingress and egress of the
public, employees and contractors to and from the property. All materials, vehicles and
equipment shall be properly stored or parked within the boundaries of the leased property. No
materials, vehicles or equipment shall be stored or parked on the WRF access road. Lessee's
operations related to the transfer and loading of materials for transport shall be conducted in
such a manner and at such times as to not interfere with the orderly flow of traffic in and around
the property. No loading of materials shall occur on the WRF access road during normal hours
of operation of the City transit system (Sept. through June, 6:30 am to 10:30 pin; July through
August, 6:30 am to 7:30 pm.) Lessee shall at all times ensure a minimum clearance of twenty
(20) feet of available roadway for Fire access on the WRF access road.
13.. COORDINATION WITH CITY
Lessee shall coordinate with the City any activities which have potential to impact
in any way City operations. Upon notification by the City, Lessee shall immediately cease any
operation deemed to interfere with the conduct of the orderly business of the City in its
operations.
14. REPORTING
Lessee shall provide to the City reporting necessary for the City to evaluate
compliance with the provisions of AB939. Lessee shall provide at a minimum a report of total
tonnage of recyclable materials processed, a breakdown of material tonnages by material type
and City of origin. City of origin may be determined by bi -annual surveys of not less than one
week in duration. Surveys shall be completed in February and August of each year. Reporting
shall be provided on a quarterly basis with reports due no later than 15 calendar days after the
end of the quarter. Quarters end on March 30, June 30, Sept 30, and Dec. 30. Lessee further
agrees to provide the City any additional reports or information requested by the City relative
to Lessee's operations.
D
ECOSLO Lease - APN #53- 051-45
Page 5
15. PERMITS
Lessee shall maintain any and all permits necessary for the conduct of the Lessee's
business at the site as required by Law.
16. INDEPENDENT CONTRACTOR
Lessee and all of its agents, representatives, and participants in any manner with
Lessee's operations shall be independent contractors or volunteers for Lessee and shall not for
any purpose be considered as employees or agents of City.
17. SUBJECT TO ALL LAWS AND BINDING
This lease shall be subject to and subordinate to all laws, rules and regulations of
the State of California and the City of San Luis Obispo, including any and all conditions
imposed by the City Council.
18. TERMINATION FOR CAUSE
Each of the terms, covenants and conditions of this lease are mutual and
dependant; and any breach of any of the said terms, covenants or conditions shall constitute
grounds for the termination, cancellation or forfeiture of this lease.
19. INDEMNIFICATION
Lessee shall defend, indemnify and save harmless the City and its agents, officers
and employees against any and all claims, demands, damages or liabilities (whether or not
caused by negligence) including civil or criminal fines, arising out of or relating to any of the
following:
(a) any damage, injury or death suffered by any person or corporation and
caused by any act or omission of Lessee, its agents, employees, tenants, invitees
or assigns under this agreement;
(b) any damage caused by any act or omission of Lessee, its agents;
employees, tenants or assigns under this agreement to any property of the City
and its agents, officers and employees;
(c) any damage, injury or death suffered by any agent, tenant, or assignee of
Lessee under this agreement, except for claims and demands resulting from the
sole negligence or willful misconduct of the City and its agents, officers and
employees;
ECOSLO Lease - APN #53 -05145
Page 6
(d) Lessee's violation of any law, any regulation or, any term or condition of
any permit:
(e) any generation, processing, handling, transportation, storage; treatment or
disposal of solid wastes or hazardous wastes (including but not limited to used
motor oil) by Lessee.
(f) any releases by Lessee, including but not limited to any releases as defined
under the Comprehensive Environmental Response; Compensation and Liability
Act of 1980, to the extent occurring or existing as a result of Lessee's activities,
including such releases to land, groundwater surface water or into the air.
Lessee shall also defend, indemnify and save harmless the City and its agents,
officers and employees against any and all expense of investigating and defending against such
claims and demands, including, but not limited to, attorney's fees and costs.
20. INSURANCE
Lessee shall provide insurance, including but not limited to workers compensation
insurance as described in Exhibit B to this lease, Insurance Requirements for Lessees including
additional coverage for Automobile liability and Subcontractors as identified in Exhibit C to this
lease, Insurance Requirements of Contractors.
21. ASSIGNMENT
Lessee shall not assign this lease in whole or in part nor sublet the premises in
whole or in part without the written consent of the City. If the City consents to a sublease;
Lessee shall remain responsible for the performance of all the terms; covenants and conditions
of this lease including and in particular the use of the property as described in Article 7. of this
agreement. If Lessee assigns or subleases said lease or any portion thereof without. the prior
written consent of the City, then said sublease or assignment shall be voided, and at the option
of the City, this lease shall immediately cease and terminate.
No interest of Lessee in this lease shall be assignable by operation of law. Each
of the following acts shall be considered an involuntary assignment:
a. If Lessee is or becomes bankrupt or insolvent, makes an assignment for
the benefit of creditors;
b. If a writ of attachment or execution is levied on. this lease;
C. If, in any proceeding or action in which Lessee is a party, a receiver is
J,
ECOSLO Lease - APN #53- 051-45
Page 7
appointed with authority to take possession of the premises.
Any involuntary assignment shall constitute a default by Lessee and City shall
have the right to elect to terminate this lease.
22. INSPECTION
The City shall have the right at all reasonable times to enter upon the property
for the purpose of inspecting the same, determining that all the terms, covenants and conditions
of this lease are being kept and performed by Lessee.
23.
The City Administrative Officer or his /her designee shall have all necessary
authority to enforce the terms, covenants and conditions of this lease. Upon notice of violation
of any of the terms, covenants and conditions of this lease, Lessee shall take whatever actions
are necessary to correct the violation. All violations shall be corrected within 30 days from the
date of Notice and Lessee shall provide to the City a report outlining the cause of the violation
and corrective measures taken to remedy the violation and prevent its recurrence.
Significant violation shall be defined as any violation of the terms, covenants and
conditions of this lease occurring and noticed more than two times in any calendar year, or,
violation and notice of violation of any three terms, covenants and conditions of this lease
occurring within any calendar year, or, failure to correct a violation of any of the terms,
covenants and conditions of this lease within 90 days from the date of Notice. Significant
violations as defined herein will result in a hearing before the Council of the City of San Luis
Obispo to determine appropriate remedies up to and including termination of this lease as defined
under Article 18. of this agreement.
24. LIENS
Lessee shall keep the premises free from any liens arising out of any work
performed for, materials furnished to, or obligations incurred by Lessee and shall hold City
harmless against the same.
25. TERMINATION WITHOUT CAUSE
The City Council may by motion terminate this agreement at its sole discretion
after a public hearing held upon ten (10) days written notice to Lessee. Said termination shall
be effective fifteen (15) days after City mails notice of termination to Lessee.
l
ECOSLO Lease - APN #53- 051 -45
Page 8
26. APPEALS
All decisions, directions and notice by the City Administrative Officer or his /her
designee, relative to the terms, covenants and conditions of this lease, shall be considered final
by Lessee. Appeals may be presented to the Council of the City of San Luis Obispo, which
decisions, directions and notice shall be final..
27. NOTICE
Any notice required' or permitted to be given or served under the terms hereof
shall be considered delivered when sent registered, return receipt requested, through the United
States mail to:
C4
City Administrative Officer
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
(805) 781 -7114
28. ENTIRE AGREEMENT
Lessee
Environmental Center of San Luis
Obispo County
967 Osos Street
San Luis Obispo, CA 93401
(805) 544 -1777
This lease and attached Exhibits A and B contains the entire agreement of the
parties on the matters covered and it may not be modified except by written agreement.
ECOSLO Lease - APN #53 -051 -45
Page 9
IN WITNESS WHEREOF, the parties hereto have executed this agreement by
their proper officers duly authorized, on the date first above written.
CITY OF SAN LUIS OBISPO,
a Municipal Corporation
Mayor Allen Settle
ATTEST:
by Assistant City Clerk, Kim Condon
APPROVED AS TO FORM:
F .. -�
ENVIRONMENTAL CENTER OF
SAN LUIS OBISPO COUNTY
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Ot /7
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0 dO.gP lP0 � .Pe o 2 -8v p
ENG/NEER 5 CfiQT /F /GATE `J - o
A /•^f combinefJon of the fof /ou/ir75
70715* mop w'os pre,,00red by me Or une'v my Lots 8, 9, /O, //, /a end /9 and portil
di-ection Ono, woa COn7p:/ed )1-0M ^ecare Corr Gbts 6, 7, end /l of the Son Lutz
in confarmb/7ce tc'ith the - C?(#rements avr the ,Subur-ben 7rdrt end
/b � Subdivision Mop act and /xv/ ar4Y';,✓17ce3 Ot Lots Sen,;' re end portion Of Lot -4
the request of the City cf Sc,;, Guis Obispo ; /ert {ord - Che men Subdiv�sia/.
!t"7 fl':_ in ✓u Of 1962 • /. here.+• store t790t this P
Porte/ mop Subsrar+3•, u //� cor7f'br'rnS ro rr7e C/fy m7d County OA Son Guis Ob's,
�IIIIIIIIIIIIII�� ��I 111111 IIIIIIIIIII�� II city or ECOSLO Recycling Yard Lease
j san Wis owp0 45 Prado Rd.
Public Works Department A Portion of APN #53-051-45 955. Morro Street, San Luis Obispo, CA 93402
Exhibit B
INSURANCE REQUIREMENTS FOR LESSEES (NO AUTO RISKS)
Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons
or damages to property which may arise from or in connection with the Lessee's operation and use of the leased
premises. The cost of such insurance shall be bome by the Lessee.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance
(for lessees with employees).
3. Property insurance against all risks of loss to any tenant improvements or betterments.
Minimum Limits of Insurance
Lessee shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage.
If Commercial General Liability or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice
the required occurrence limit.
2. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
3. Property Insurance: Full replacement cost with no coinsurance penalty provision.
Deductibles and Self- Insured Retentions
Any deductibles or self.- insured retentions must be declared to and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its
officers, officials; employees and volunteers; or the Lessee shall procure a bond guaranteeing payment of losses
and related investigations; claim administration and defense expenses.
Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of premises owned, occupied or used by the Lessee. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers, official, employees, agents
or volunteers.
2. The Lessee's insurance coverage shall be primary insurance as respects the City, its officers, officials,
employees, agents and volunteers.. Any insurance or self - insurance maintained by the City, its officers,
officials, employees, agents or volunteers shall be excess of the Lessee's insurance and shall not contribute
with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
4. The Lessee's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
S. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, cancell ed by either party, reduced in coverage or in limits except after thirty (30j days'
prior written notice by certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII.
Verification of Coverage
Lessee shall furnish.the City with a certificate of insurance showing maintenance of the required insurance
coverage. An original endorsement effecting general liability coverage required by this clause is also to be
provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.
All endorsements are to be received and approved by the City before the lease commences.
- -- - 17
r
Exhibit .0
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
rsoas or damages to property which may arise from or is connection with the performance of the work hereunder
by the Contractor, his agents, representatives, employees or subcontractors.
bi➢nirrrtun Scope or Insurance
Coverage shall be at least as broad ass'
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
.2. Insurance Services Office form number CA 0001 (Ed. 1 /87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance
Contractor: shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and .property damage.
If Commercial General Liability or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by the City. At the option of the City.
either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its
officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of Iosses
and related investigations, claim administration and. defense expenses.
Other Insurance Ptnvisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions•
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Contractor; products and completed
operations of the Contractor, premises owned, occupied or used by the Contractor; or automobiles owned
leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self -
insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess
of the Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provis ;ons of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom claim is trade or suit is
brought, except with respect to the -limits of the insurer's liability.
5. Each i^stu^.ce policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days'
prior written notice by certified mail, return receipt requested, has been given to the City.
Aceeotabllity or Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AN 11.
Verification of Coverage
Contractor shall furnish the City with a certificate of insurance showing required coverage. Original endorsements
effecting general liability and automobile liability coverage are also required by this clause. The endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
14
RESOLUTION NO. 8486 (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING ITS CONCERNS AND DESIRES REGARDING THE NEED FOR
HIGHWAY IMPROVEMENTS ON ROUTE 46 EAST
WHEREAS, the City of San Luis Obispo desires to see that all appropriate and
available steps are taken to assure the safety of travelers on the two -lane portion of Route
46 east between Airport Road and the Route 41 junction; and
WHEREAS, State Senator Jack O'Connell has initiated legislation (SB -12) which
calls on the Department of Transportation and the California Highway Patrol to establish
a "Safety Enhancement- Double Fine Zone" on Route 46 east in order to further emphasize
safe driving requirements and has asked the California Highway Patrol to increase
enforcement activity; and
WHEREAS, State Senator Jack O'Connell has also asked that Caltrans take
appropriate actions to ensure that the road itself be made safer and that road widening,
installation of median barriers and mandatory headlight safety zones be considered for
implementation; and
WHEREAS, The California Highway Patrol has initiated actions to provide
additional patrol and officers on Route 46 east to carry out increased speed enforcement,
truck inspections and aerial monitoring; and
WHEREAS, Caltrans has agreed to invest additional dollars to implement safety
improvements along portions of Route 46 that include the installation of "bots dots" and
rumble strips, and have indicated their intention to retain the 55 mph speed limit along this
roadway,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
950M.
i
Resolution No. 8486 (1996 Series)
Page Two
Luis Obispo as follows:
SECTION 1. The City of San Luis Obispo declares its support for the improvement
of safety on Route 46 east through the imposition of safety measure such as increased truck
inspections, added enforcement patrols, rumble strips, "hots dots" and other measures
designed to decrease the frequency and severity of accidents and supports the retention of
its posted 55 mph speed limit.
SECTION 2. The City of Sari Luis Obispo declares its support for Senate Bill 12,
directing the Department of Transportation and the Highway Patrol to establish a "Safety
Enhancement- Double Fine Zone" on Route 46 east..
SECTION 3. The City of San Luis Obispo requests that Caltrans conduct an
immediate investigation of all operational improvements to increase safety conditions on
Route 46 east that could be implemented within the short term and present a report of any
such improvements to the San Luis Obispo Council of Governments within six months.
SECTION 4. City staff is directed to pursue any opportunities which may arise in the
future to support safety improvements on Highway 46 east.
Uponmotionof C. M. Bill_ Roalman
and on the following roll call vote:.
secondedby C.M. Kathy smith
AYES: Council Members Roalman, Smith, Romero, Williams, Mayor Settle
NOES: None
ABSENT: None
i�
Resolution No. 8486 (1996 Series)
Page Three
the foregoing resolution was adopted this
16 day of January , 1996
Mayor Allen Settle
ATTEST:
Cif Clerk ` —`
by Assistant City Clerk, Kim Condon
APPROVED AS TO FORM AND CONTENT:
10 FE
2'
J
l��'��
l�
i
RESOLUTION NO. 8485 (1996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF A TRACT MAP (TR 74 -95, TRACT 2202)
LOCATED AT 154 SUBURBAN ROAD
BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows:
SECTION 1. Finding s. The Council, after consideration of the tentative map of TR 74 -95 (Tract
2202), and staff recommendations and reports thereon, makes the following findings:
As conditioned, the design of the tentative map and proposed improvements are consistent with
the General Plan.
2. The site is physically suited for the type and density of development allowed in the C -S zone.
3. The design of the tentative map and the proposed improvements are not likely to cause serious
health problems, substantial environmental damage or substantially and unavoidably injure fish
or wildlife or their habitat.
4. The design of the tentative map or the type of improvement will not conflict with easements for
access through, or use of property within, the proposed subdivision.
5. The lots are large enough to allow proper building orientation and maximum feasible control of
solar exposure by the lot owner, regardless of lot orientation.
SECTION 2. Environmental.- Determination. The Community Development Director has
determined that the proposed subdivision will not have a significant effect on the environment and has
granted a mitigated negative declaration. The City Council hereby approves the negative declaration and
concurs' with the recommended mitigation measures, which are incorporated into the conditions of
approval noted below.
SECTION 3. Conditions. The approval of the tentative map for Tract 2202 (TR 74-95) shall
be subject to the following conditions, to be accomplished prior to final map approval unless otherwise
specified:
Environmental Mitigation Conditions:
Land Use
The subdivider shall grant an updated avigation easement to the County of San Luis Obispo via
an avigation easement document prepared by the County prior to recordation of the final map for
phase 1.
2. All development within the parcels created by Tract 2202 (and any subsequent subdivisions) shall
be reviewed for compliance with the San Luis Obispo County Airport Land Use Plan (ALUP).
u_RLRS
TR 74 -95, Tract 2202
Page 2
Recommendations of the Airport Land Use Commission shall be forwarded.to the approving
hearing body for a determination of General Plan conformance.
3. The use of materials - especially in the roof - shall be nonreflective to reduce glare. The use of
mirrored or reflective glass shall be prohibited.
4. If specialty retail stores are deemed desirable to serve nearby residential neighborhoods, a cap on
the amount of square footage allocated to specialty retail uses should be established as part of a
Special Consideration (S) or Mixed -Use (MU) overlay zoning to.avoid conflict with City policies
which favor concentrating specialty retail stores in the downtown and in the shopping centers on
Madonna Road.
5. At the time of sale or lease, the applicant should disclose to prospective buyers and tenants the
consequences of existing and potential intensive agricultural operations on nearby parcels
including but not limited to dust, noise, odors, agricultural chemicals, and the County's Right to
Farm Ordinance. A copy of such disclosure should be submitted to the Community Development
Director for review, approval, and recordation prior to any further subdivision or site
development.
Geologic
6. A revised soils engineering report, which addresses the extent of fill material and necessary soil
preparation in filled areas and in the pond area, is required prior to issuance of any grading or
construction permit, whichever comes first. The report shall also address retaining wall design
where cuts from the exisiting grade are proposed to create lots.
7. Site improvements shall conform with recommendations in the approved soils engineering report
to offset the effects of expansive soils.
Water
8. A preliminary grading plan must be submitted with the final map application. Provisions shall
be incorporated that eliminate cross -lot drainage, to the satisfaction of the City Engineer and
Building Official.
9. The developer shall construct drainage facilities which convey drainage to adequate points of
disposal to the satisfaction of the City Engineer.
10. A portion of the property lies within an A- Zone.per the current County's FEMA Flood Hazard
map. The developer shall provide the City Engineer with a detailed hydraulic analysis which
identifies any area within the site subject to inundation during a 100 -yr storm.
11. Any lot(s) subject to 100 -yr storm flooding shall be filled to provide pad elevations at least 1 foot
TR 74 -95, Tract 2202
Page 3
above the 100 -yr storm elevation, to the satisfaction of the City Engineer. The effect on adjacent
properties, as a result of the fill, must be evaluated by the developer's engineer. Mitigation
measures may be imposed by the City Engineer based on the impacts.
12. The subdivider shall process a FEMA "Letter of Map Revision (LOMR) or a "Letter of Map
Amendment" (LOMA), as appropriate, prior to recordation of the final map for.phase one, which
also includes the newly annexed area.
13. General Construction Activity Storm Water Permits are required : for all storm water discharges
associated with a construction activity where clearing, grading and excavation results in land
disturbance of five or more acres. Storm water discharges of less than five acres, but which is
part of a larger common plan of development or sale, also require a permit. Permits are required
until the construction is complete.
To be covered by a General Construction Activity Permit, the owner(s) of land where
construction activity occurs must submit a completed "Notice of Intent ": (NOI) form, with the
appropriate fee, to the State Water Board. The developer shall submit copies of general
construction activity storm water permits prior to the City's issuance of any grading or building
permits.
14a. In order for the Council to consider - approval of a project that includes the use of private wells
in lieu of acquiring a water allocation, the developer must submit a report with the findings of
qualified, independent, hydrological investigation that demonstrates the well(s) can reliably
provide sufficient quality and quantity of water for the proposed project and will not impact the
yeilds from City wells (Adopted Urban Water Management Plan, Policy 2.9.1 B). The findings
in the report will be reviewed by the Utilities Department in a recommendation to Council. The
Utilities Department generally does not support the use of private wells that result in a project
not acquiring a water allocation, when water allocations are available through the retrofitting
program.
14b. Plans for well investigation should avoid areas of soil contamination. Well location and use shall
be approved by the County Health Department, the City Utilities Department, and any other
agency with authority relating to the use of well water.
14c. Well water may be used, subject to obtaining necessary permits from the County Environmental
Health Department, to reduce commodity charges. A private well may serve only the lot on which
it is located. Use of well water is not permitted in lieu of obtaining a water allocation credit
through the City's retrofit program. Well water may be used for landscape irrigation to reduce
the amount of necessary retrofitting.
15a. Discharge of wastewater from any well water treatment process is also subject to approval by the
City and may require a permit to discharge and on -site pretreatment.
TR 74 -95, Tract 2202
Page 4
15b. If. well water is approved for use on any of the parcels, a determination will be .made by the
Utilities Department on what the appropriate wastewater charge will be. Typically; wastewater
charges are based on water consumption. In the absence of a City water meter, City staff will
estimate the usage. This estimate may be based on fixture units, usage by similar properties,
installation of a meter on the well, installation of a meter on the wastewater discharge lateral, or
some other means. Any cost associated with the determination of wastewater flows will be the
responsibility of the developer.
Air Quality
16. Consistent with grading standards in the Uniform Building Code appendix (Chapter 70, Section
7004 b), all graded surfaces shall be wetted, protected or contained in such a manner as to
prevent dust or spill upon any adjoining property or street. The following measures shall
constitute the project's dust management plan and shall remain in effect during all phases of the
project's construction:
a. Regular wetting of roads and ,graded areas (at least twice Aaily with complete
coverage of all active areas);
b. Increasing frequency of watering whenever winds exceed 15 mph;
C. Cessation of grading activities during periods of winds over 25 mph;
d. Direct application of water on material being excavated and/or transported onsite
or off site;
e. Watering material stockpiles;
f. Wheel washers shall be installed where vehicles enter and exit unpaved surfaces
onto the surrounding streets:
g. Daily wash downs, or mechanical street sweeping, of Suburban Road, South
Higuera Street, and Tank Farm Road in the vicinity of the construction site; and
h. Use of non - potable water is required in all construction and dust control work.
17. All PM,p mitigation measures required shall be shown on grading and building plans. The
contractor shall designate a person or persons to monitor the dust control program consistent
with APCD guidelines and shall provide the contact name(s) and telephone number(s) to the
Community Development Department prior to permit issuance.
18. Future site development shall include measures to minimize negative impacts to air quality, such
as:
a. Extensive tree planting in the parking areas to reduce evaporative emissions from
automobiles.
b. A carpool/rideshare /public - transit information bulletin board installed in a visually
prominent and easily accessible location.
C. Weatherproof and lockable bicycle storage, and short-term bicycle parking racks.
i
TR 74 -95, Tract 2202
Page 5
d. A plan for dust control during construction.
e. Bicycle parking and shower and locker facilities for employee use.
f. Shared -use parking reduction.
g. Designated carpool parking.
h. On -site food facilities to encourage employees to stay on site during the lunch
hour.
19. Soil contamination on the project site must be removed under the direction of the Fire Chief and
in compliance with Air Pollution Control District standards.
Transportation and Circulation
20. Direct driveway access from South Higuera Street shall be limited .to one location with a
minimum spacing of 150 feet from Las Praderas Street. The common driveway shall be designed
as a street -type entrance, located so as to minimize tree removals and shall also provide adequate
sight distance, to the satisfaction of the City Engineer. The driveway entrance shall not be
signalized. Vehicular access to Lot 1 shall be provided via the proposed common access and
driveway easement.
21. The subdivider shall enter into an agreement prior to recordation of the final map for phase one
that guarantees certain improvements and/or devices will be installed as required by the City
Engineer within 60 days of notification that left turns to and from the project via the South
Higuera Street driveway are causing unacceptable traffic conditions. It may be necessary to
preclude left turns into and out of the site.
22. There shall be no driveway access from Tank Farm Road..
23. Driveway access from Suburban Road shall .be subject to approval of the City Engineer.
24. Tank Farm Rd., S. Higuera St., and Suburban Rd. improvements (curbs, gutters, and sidewalks,
street pavement, drainage, signing, vehicle and bike lane striping, transitions between new
improvements and existing, barricades, etc.) shall be constructed to the satisfaction of the City
Engineer, in accordance with City standards and specifications. However, some modifications
will be necessary to accommodate new ADA standards and changes from the County project.
Existing streets that become adversely affected by excavations or other damage caused by the
construction of the subdivision will require an asphalt blanket prior to acceptance of the project.
25. The internal street and Long Street will be dedicated and improved as a public street (60' R/W,
44' curb /curb, with sidewalk on both sides meeting ADA standards).
TR 74 -95, Tract 2202
Page 6
26. Vehicular access .rights along . South Higuera St. with the exception of the driveway access as
specified in condition 20, Tank Farm Rd., and the westerly 200 ft: along Suburban 'Rd. shall be
dedicated to the City.
27. The developer shall dedicate a 10' wide (minimum) public utility easement and 10' wide street
tree easement along all. street frontages; to the satisfaction of the City,-Engineer. Additional
public pedestrian easements, outside of the basic right of way; shall be dedicated along all street
frontages to accommodate the trees along South Higuera.St. -and to meet ADA.requirements, to
the satisfaction of the City Engineer.
28. The developer shall dedicate 12' wide bus stop easements on South Higuera St. and Tank Farm
Rd. and shall construct bus turn-outs and concrete pads. At the South Higuera St. turn-out, a
transit shelter, "P" pole sign and trash receptacle shall be installed, to the satisfaction of the City
Engineer. The locations shall minimize tree removals, to the extent :possible.
29. The developer shall install street lighting per City standards, along all street frontages, to the
satisfaction of the City Engineer.
30. A .traffic :signal shall be constructed at the intersection of South Higuera St. and Suburban Rd..
to the satisfaction of the City Engineer. In addition, traffic signal modifications at the SE comer
of South Higuera St. and Tank Farm _ Rd. shall be installed by this subdivider, including
interconnections between Los Osos Valley Rd. and Tank Farm Rd. Pedestrian refuge islands
shall be installed at the intersections of Tank Farm Rd. and Suburban Rd., at Higuera St, to the
satisfaction of the City Engineer. Emergency pre- emption devises (Opticom) shall be installed
on both signals.
31. The City recently adopted traffic impact fees (TIF). Certain traffic mitigation measures required
herein will be credited against said fees on a pro -rata basis, as determined by the City Engineer, .
as provided for in the ordinance establishing the fees.
Traffic impact fees shall be paid as a condition of the issuance of building permits. Traffic -
related improvements,- including the traffic signal at Suburban Road, signal interconnection, right
turn lane from Higuera St. to Tank Farm Rd., bus turnouts and shelter qualify for credit against
the TIF. The subdivider shall submit a certified statement of costs after completion of the project
to establish the credits.
Unless otherwise requested by the subdivider, the City Engineer will determine credits for the
respective lots on the final map, on a pro -rated area basis.
32. Median striping and other related traffic control devises (signs/symbols etc.) shall be installed in
conjunction with the installation of street improvements along all street frontages, to the
satisfaction of the City Engineer.
i I '
TR 74 -95, Tract 2202
Page 7
33. .To . accommodate emergency. vehicle access,. including fire engines,. an. emergency, vehicle turn
around shall be installed in the cul -de -sac of the internal road as part of phase 1 to the
satisfaction of the Fire Chief.
34. A time line for completion of the internal road link between Suburban Road and Tank Farm Road
shall be guaranteed to the satisfaction of the Fire Chief.
Biological Resources
35. The existing Monterey Cypress trees to remain shall be pruned by a certified arborist as a "Class
V' pruning as defined by.the International Society of Arboriculturists and to the satisfaction of
the City Arborist. Trees allowed to be removed to accommodate the construction of the
improvements shall be removed to the satisfaction of the City Arborist and City Engineer.
Measures shall be taken during construction of site improvements to protect trees to remain to
the satisfaction of the City Arborist.
36. Street-trees and parkway landscaping along Tank Farm Rd. and any required replacement trees
along the South Higuera St. frontage (due to necessary/approved tree removals), shall be planted
as a subdivision condition. Credit will be given for existing trees,' as determined by. the City
Arborist. All other street trees shall be planted in conjunction with building permits.
Energy and Mineral Resources
37. Future construction projects shall include a solid waste recycling plan for recycling discarded
materials, such as concrete, sheetrock, wood, and metals, from the construction site. The plan
must be submitted for approval by the City's Solid Waste Coordinator or the Community
Development Director, prior to building permit issuance.
38. Future site development shall incorporate:
a. Skylights or other mechanisms to maximize natural daylighting.
b. Operable windows to maximize natural ventilation.
C. Energy - efficient lighting systems for both interior and exterior use.
d. Facilities for interior and exterior on -site recycling.
Hazards
39. Under direction of the Fire Department, soil contamination must be removed prior to development
of the affected lots and in no case later than the initial expiration of the tentative map for the
subdivision. The clean up level shall be 100 ppm (parts per million) unless otherwise specified
TR 74 -95, Tract 2202
Page 8
by the Regional Water Quality Control Board.
40. No buildings, septic systems, roads, utilities, or other structures shall be constructed above the
approximate area of contamination.
Utility and'Service Systems
41. Public water-mains shall be extended in Suburban Rd. and Tank Farm Rd. from South Higuera
St. to the easterly limits of this project. A public water main shall also be constructed within the
internal street and shall be looped from Suburban Rd. to Tank Farm Rd., to the satisfaction of
the City Engineer and Utilities Engineer.
42. The City will participate in any public water main upsizing, "above" the size required to provide
the required fire flows for this development (minimum of 8" diameter).
43. All sewer mains will be public and shall be constructed within public streets.
44. Sewer lift station (Howard Johnson lift station) charges are required to be paid prior to
recordation of the final map, as determined by the City Engineer and Utilities Engineer. Sewer
Impact Fees will be required to be paid prior to the issuance of building permits for the
development of individual properties, in accordance with City policy. Water Impact Fees may
also be charged prior to issuance of building permits regardless of whether or not the property
is served by a private well.
45. The developer shall underground all existing overhead wires along all street frontage(s) and
within this subdivision, to the satisfaction of the City Engineer and utility companies.
46. Phase 1 of this tract may require offsite utility extensions within Phase 2, and any other
improvements deemed necessary to provide for reliability and safety caused by phasing. An
agreement must be executed by the Subdivider, prior to final map approval for Phase 1, which
provides for such utility and/or street improvements to be installed at the time certain pre-
established criteria (set by the City Engineer and/or Utilities Engineer) are met. The agreement
shall be recorded in the office of the County Recorder and shall run with the land.
47. New public and private fire hydrants and public distribution mains will be required (e.g. in
Suburban Road, Tank Farm Road, and in the internal street, in access easements, and where
development exceeds 300 feet from a street) and shall be capable of supplying the required fire
flows. Fire hydrants shall be spaced per Fire Department Development Guidelines (maximum
intervals of 225 feet).
Other Conditions:
48. All boundary monuments, lot corners, centerline intersections, etc.shall be tied to the City's
TR 74 -95, Tract 2202
Page 9
control network. At least.two control points shall be used and:a tabulation of the coordinates shall
be submitted to the City Engineer with the final map. A 3 -1/2" computer disk, containing the
appropriate data for use in autocad for Geographic Information System purposes shall also be
submitted to the City Engineer.
49. The subdivider shall submit a final map or maps to the City for review, approval, and
recordation.
Lot Confisuration and Site Development
50. All site development is subject to architectural review and shall be subject to standards similar
to those applied to the northern portion of Higuera Commerce Park (pp. 7 & 8 of the HCP
specific plan and Architectural Guidelines for HCP).
51. City staff shall process an amendment to the annexation boundary to-include the full width of
Suburban Road where it fronts the annexation property.
SECTION 4. Code Requirements. The following are required by San Luis Obispo Municipal
Code, but not all code requirements are listed:
L All structures on lots shall be equipped with automatic fire sprinkler systems.
2. All applicable water, sewer, and traffic impact fees shall be paid prior to building permit
issuance.
3. The subdivider shall install individual sewer, water, and utility services for each parcel. New
utilities shall be underground. A utility easement is required where utilities cross lot lines.
4. New lot comers shall be staked with durable boundary markers by a registered civil engineer or
licensed land surveyor.
5. Lots shall be addressed as assigned by the Community Development Department. Addresses for
all lots shall be posted at the street frontage to the approval of the Community Development
Department.
On motion of Roalman , seconded by Romero and on the following roll call vote:
AYES: Council Members Roalman, Romero, Smith, Williams and Mayor Settle
NOES: None
ABSENT: None
TR 7495, Tract 2202
Page 10
the foregoing resolution was passed and adopted this 16thday of January_ 1996.
Mayor Allen K. Settle
n
Kim Condon, Assistant City Clerk
APPROVED:
1,1_
F F
�,L/o
RESOLUTION No. 8484 _ _ (1996 Series)
APPROVAL OF THE SITING ELEMENT AND
SUMMARY PLAN AS PREPARED BY THE
SAN LUIS OBISPO COUNTY INTEGRATED
WASTE MANAGEMENT AUTHORITY
WHEREAS, the people of the State of California have enacted the Integrated Waste
Management Act of 1989 (Assembly Bill 939) which requires preparation of solid waste
planning documents known as the "Siting Element' and the "Summary Plan "' incorporated
herein by reference; and
WHEREAS, the City of San Luis Obispo has participated in the preparation of these
documents; and
WHEREAS, the San Luis Obispo County Integrated Waste Management Authority,
acting as the Local Task Force, Prepared and circulated the Siting Element.in accordance
with the requirements of Public Resources Code Division 30, Part 2, Chapter 4, §41700
et seq. and California Code of Regulations Title-1 4, Division 7, Chapter 9, §18757 through
18758; and
WHEREAS, the San Luis Obispo County Integrated Waste Management Authority
approved the Siting Element and Summary Plan after consideration of all information
presented to it at the November 8, 1995 Public Hearing; and
WHEREAS, a duly advertised Public Hearing was held before the City Council of the
City of San Luis Obispo to receive and consider testimony on the Siting Element and
Summary Plan.
NOW, THEREFORE BE IT RESOLVED, that the City of San Luis Obispo has held
a public hearing and considered all testimony regarding the Siting Element and Summary
Plan; and
BE IT FURTHER RESOLVED, the City Council of the City of San Luis Obispo hereby
grants local approval of the Siting Element. and Summary Plan in accordance with the
requirements of the California Code of Regulations Title 14, Division 7, Chapter 8,
§18783.
Upon motion of C.M. sill Roalmaseconded by C.M. Dave Romeand on the following
roll call vote:
AYES: Council Members Roalman, Romero, Smith,Williams, Mayor Settle
NOES: None
ABSENT: None
R -8484
Resolution No. 8484 (1996 Series)
Page Two
The foregoing resolution was adopted this 16 day of January, 1996.
Mayor Allen K. Settle
ATTEST:
by"Assistant City Clerk, Kim Condon
APPROVED:
u� `��
RESOLUTION No. 8483 (1996 Series)
S
APPROVING THE NOTICE OF DETERMINATION AND
NEGATIVE DECLARATION FOR THE SITING ELEMENT AND
SUMMARY PLAN AS PREPARED BY THE
SAN LUIS OBISPO COUNTY INTEGRATED WASTE
MANAGEMENT AUTHORITY
WHEREAS, the people of the State of California have enacted the Integrated Waste
Management Act of 1989 (Assembly Bill 939) which requires the preparation of solid waste
planning documents known as the "Siting Element" and the "Summary Plan", incorporated herein
by reference; and
WHEREAS, said procedures of the California Integrated Waste Management Board require
local approval of these documents, along with environmental documentation verifying compliance
with the California Environmental Quality Act (CEQA), as amended and
WHEREAS, an Initial study has been completed and a Notice of Determination and
Negative Declaration, incorporated herein by reference, prepared in accordance with the
requirements of CEQA, and
WHEREAS, the City of San . Luis Obispo has participated in the preparation of these
documents; and
WHEREAS, the San Luis Obispo County Integrated Waste Management Authority approved
the Negative Declaration for the Siting Element and Summary Plan after considering all the
information presented to it, including the staff report and the public testimony presented in
writing and at the November 8, 1995,. public hearing; and
WHEREAS, prior to acceptance of these documents by the California Integrated Waste
Management Board, the cities and the County of San Luis Obispo shall approve the documents;
and
WHEREAS, a duly advertised public hearing was held before the City Council of the City
of San Luis Obispo for consideration of all information presented to it regarding the Notice of
Determination and Negative Declaration, and
WHEREAS, the potential environmental effects were duly considered and proposed
mitigation measures reviewed and discussed.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo has considered all information presented to it concerning the Notice of Determination and
Negative Declaration and determined that the Siting Element and Summary Plan shall not have
a significant effect on the environment, and
R -8483
Resolution No. 8483 (1996 Series)
Page Two
BE IT FURTHER RESOLVED, that the City Council of the City of San Luis Obispo
hereby approves the Notice of Determination and Negative Declaration.
Upon motion of C.M. Bill Roalman seconded by C.M. Dave Romero and on the
following roll call vote:
APES: Council Members Roalman, Romero, Smith, Williams, Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 16 day of January, 1996.
Mayor Allen K. Settre
rvwrKarBE
by Assistant City Clerk, Kim Condon
APPROVED:
Ohl,
RESOLUTION NO. 8482 (1996 Series)
ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION
PROGRAM AND PRIORITIES FOR 1996
WHEREAS, it is vital to the fiscal health and the self
determination of the City to effectively communicate with State
legislators and Federal representatives in order to favorably
influence the adoption of State and Federal legislation,
regulations and grant requests; and
WHEREAS, the League of California Cities conducts an effective
legislative analysis and influential advocacy program on behalf of
cities for State issues and major Federal issues; and
WHEREAS, with four County Supervisors representing different
portions of the City, it is imperative that the City develop an
improved system for regular communication with the Board of
Supervisors and north county agencies; and
WHEREAS, the City desires to be proactive and involved in the
governmental decision making processes directly affecting the City
legislative priorities identified in Exhibit "A ", and other
selected issues as may from time to time be recommended by the
League of California Cities; and
WHEREAS, a key component of the City's Legislative Action
Program is face -to -face meetings between City representatives and
elected officials at the Federal, State, and in particular, county
levels, and coordination with similar efforts made by other local
government entities.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of San Luis Obispo does hereby establish the Legislative
R -8482.
ti c
Resolution No. 8482 (1996 Series)
Page Two
Action Priorities for 1996, as set forth in the attached Exhibit A,
and authorizes staff to take positions on legislation generally
consistent with the Legislative Action Priorities and such other
resolutions and recommendations of the League of California Cities
as may be from time to time presented to the City.
Upon motion of C.M. Dave Romero , seconded by C.M. Bill Roalman
, and on the following roll call vote
Ayes: Council Members Romero, Roalman, Smith,Williams, Mayor Settle
Noes: None
Absent: None
the foregoing resolution was adopted this 16 day of
, 1996.
Mayor Allen Settle
ATTEST•
C t Clerk
by Assistant City Clerk, Kim Condon
APPROVED:
4
EXHIBIT A: CITY LEGISLATIVE ACTION PRIORITIES FOR 19950
• Requiring funding of federally mandated programs, including new
water /wastewater regulations, or eliminating such mandates
• Promoting continued and increased funding sources for transportation
• Obtaining new funding sources to expand low and moderate income housing
• Supporting legislation to transfer ownership of Salinas Reservoir to the
County of San Luis Obispo, if necessary
• Supporting legislation on coastal preservation
• Supporting legislation that provides regulatory relief to local government in
complying with the Fair Labor Standards Act and overtime provisions for
exempt employees
• Supporting continued funding for the Land and Water Conservation Grant
Program
FINANCE
o Balancing the State Budget without further losses to City revenues
Supporting efforts to protect the City from loss of revenues due to State
mandates
• Supporting legislation that strengthens opportunities for local fiscal
independence
COMMUNITY DEVELOPMENT
• Opposing mandated State approval of local General Plan Elements, such as
implementing, and compliance with, State General Plan Housing element law
Page 2
P
� 1
• Promoting funding sources to encourage the retro- fitting of un- reinforced
masonry buildings
PUBLIC SAFETY
• Repealing legislation that. requires cities to pay booldng fees (SB 2557)
• Preserving City's authority to investigate police misconduct
Preserving City's authority to establish emergency medical service levels
• Increasing City authority to regulate group homes for juvenile offenders
• Continuing support for disaster preparedness /earthquake awareness
• Supporting grant requests for Regional Hazardous Material Response Team,
disaster preparedness, and training facility
• Supporting efforts to secure higher levels of cost recovery for DUI's
• Supporting efforts to expand the scope of parental responsibility for crimes
committed by minors
• Supporting efforts to provide the Governor with authority to override the
parole board when anyone convicted of a violent offense is proposed to be
released on parole
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Page 3
TRANSPORTATION
• Changing gas tax laws to allow local tax for transportation purposes based on
a majority vote of the public (ESTF recommendation)
• Increasing transportation funding (including transit, bicycles, others)
PERSONNEUEMPLOYEE RELATIONS
• Further reforming Worker's Compensation
• Preserving the fiscal integrity of PERS
• Opposing binding arbitration and expansion of the "Peace Officers' Bill of
Rights"
• Monitoring employee healthcare /benefit changes
PUBLIC WORKS
• Redefining prevailing wages as "average" local wages
• Streamlining Federal and State process for funding street projects
;'. >' `Iacha barrxexs on axtulta laxke Sege ol~"asQ,te► Ivey.7
PARKS AND RECREATION
• Supporting recreational programming, particularly
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• Supporting funding for: protection of natural resources (e.g., the Morros),
open space, and parks development
• Supporting efforts to streamline regulatory requirements associated with child
care and aquatic programs
Page 4
UTILITIES
• Providing funding for reclaimed water programs
• . Supporting clean water grant programs
• Supporting efforts to enhance local government's ability to comply with solid
waste requirements
• Reaching agreement with the County and north county communities on
solutions for Salinas Reservoir expansion and Nacimiento pipeline projects
• Promoting consistency between the City and County General Plans, especially
by opposing urban-like development in areas adjacent to the City limits, and
establishing stronger greenbelt protection policies
• Resolving annexation tax transfer issues (in conjunction with other cities) with
the County and establishing a consistent countywide policy
• Increasing local funding of the Transit Transfer Center
• Retaining County offices in the downtown area
• Revising local emergency medical service response
• Improving regional solid waste management
• Developing cooperative approaches for providing services on a regional basis
• Effectively and cooperatively implementing the Community Development Bloc
Grant Program
• Streamlining and consolidating hazardous materials inspection, permit
and fee programs es
LEAGUE OF CALIFORNIA CITIES'_'
Program Objectives: Legislative Priorities
Because cities play a large defensive role in the Legislature and Congress does not mean_ that
defense is the only role for the organization to play. The legislative department plays a
significant leadership role in implementing the policy direction of the Board and membership.
With the "new" term- limited Legislature opportunities exist that before were not possible.
The Board's strategic plan goals adopted last year outline a number of legislative opportunities
for cities in the next legislative session and legislative sessions in the near future. Consistent
with the Board's strategic plan goals, the following recommendations are made for
projects/activities /objectives to s`u_pport the Board strategic plan goals:
Objective #1: New Federalis 8V chingjon n r. , Congress is currently debating a new
and a very different means to deliver federal programs and services. The issue under
debate is to provide massive block grants of federal dollars to states, giving the states the
flexibility to administer programs in the best manner to meet federal, state and local
goals. The proposals presently being debated could-have tremendous impact on cities,
directly on federal programs where cities are direct recipients of federal program dollars
and indirectly on health and welfare programs that affect the well - being of citizens in
California cities. This project represents one of the most important and massive changes
in intergovernmental relations in perhaps 30 years and could set the direction for federal,
state, and Iocal governments for the next 30 years.
Proposal: This project proposes representation in Washington, D.C. to advocate on
behalf of California cities and, any extraordinary legislative activities in California to
implement the federal block grant approach to the delivery of these federal services and
program.
Objective #2: Urban Developmen Authority. One of the more volatile areas of city and
county relations is the approval and control of urban development on the fiinge of city
boundaries. The issue has been present for a number of years in California, but the
problems have intensified in recent years with the economic downturn California has
experienced in its economy. Essentially, these important and critical land use decisions
are taking a backseat to the fiscal concerns that have been driving county policies in this
area. .
One of the clear goals of the Board strategic planning process is to strengthen city.
authority over urban development. Cities are better suited from both a structural and
accountability standpoint to make these urban development decisi oils.
Proposal: This project proposes to perform a study of major areas of expanding urban
development and document the problems caused by the current ambiguity in law between
county and city authority in these developing areas. The study would then be used to
support legislative efforts already underway in the Assembly.
Exhibit, 8
v
Objective #3: Grassroots/Leadership Development. To achieve the goals established by
the Board in its strategic planning process requires an organization that is ready from an
educational standpoint to perform the tasks necessary to make these needed changes.
This requires educational opportunities, technological. support and a strong
communication effort. It also involves the active participation of the Board, Division and
Department Officers and Policy Committee Chairs and Vice Chairs. In.short; it-must
have the active involvement of the League leadership.
A thorough understanding of the intergovernmental relations process in California is
necessary to strengthen the organization's efforts to shape and influence the change
needed.in the system.
Proposal: This project includes a number of components. First, there is need to establish
a leadership training session/conference early in the calendar year, preferably in
Sacramento. The conference would provide training for our City Legislative Delegates in
the legislative process, the politics of the elections process, grassroots communication
and an issue and personality orientation session. Coupled with the City Legislative
Delegate Conference would be the Division and Department Officers who would be
trained as to the League's goals and major projects being undertaken by the organization
to achieve those goals. It would also provide an opportunity for strengthening the roles
the Divisions play, in carrying out the action plans of the League. This project would also
involve a thorough examination of the League's communication network and a
recommendation for strengthening that communication component.
Objective #4: Tort Reform Research. One of the issues that appears to be emerging once
again from a dormant state is the reform of the state's civil justice or tort system. Both
private sector businesses and the public sector have substantial complaints about the drain
of valuable resources to fight against.lawsuits that by any sense of good judgment are
frivolous in nature.
While the private sector plays a lead role through the Association for California Tort
Reforn, the public sector plays a very important role in the development of any
legislative or initiative campaign strategy. Public sector agencies have traditionally
provided the data and anecdotal information demonstrating the "deep pocket"
phenomenon that drains scare public resources. This information has been useful in the
past.to make the case for tort reform proposals.
Proposal: This project would center around a comprehensive statewide survey of cities
to examine the deep pocket problem in California cities and the financial impact frivolous
lawsuits are having on scarce public resources. The effort would attempt to piggyback on similar
efforts completed by the National Institute of Municipal Law Officers (NIMLO), making the data
available for comparison with other states.
g:V=\m=ber1A&budgetVegi2.doc
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RECORDING REQUESTED. BY -AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
City Clerk's Office
990 Palm Street
SLO, CA 93401
DOC NO: 1996-008680
Official Re,ords
San Luis Obispo Co.
Julie L. Rodeaald
Recorder
Feb 239 1996
Time: 11 :23 ,
8
;TOTAL
[ 3]
RESOLUTION NO. `848.1 (1996 SERIES)
Rec No: 00076871
NF 0.00
0.00
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE MASTER LIST OF HISTORIC RESOURCES TO INCLUDE
PROPERTY LOCATED AT 1511 MORRO STREET.
WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the
"Master List of Historic Resources ", along with procedures for adding properties to the listing;
Till
WHEREAS, this nomination was initiated by the property owners of 151.1 Morro Street;
who have researched the property's history and submitted historical and architectural
documentation; and
WHEREAS, on November 27, 1995 the Cultural Heritage Committee held a public
hearing and based on the documentation and public testimony presented, recommended that the
City Council add the property to the Master List due to its historical and /or architectural
significance to the community; and
WHEREAS, this City Council considered this recommendation during a public hearing
on January 16, 1996 pursuant to historic preservation guidelines established by Council Resolution
No. 6157 (1987 Series);
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo
that based on the Cultural Heritage Committee's recommendation, documentation as described in
the Historical Resource Inventory for this property, on file in the Community Development
Department, public testimony, the staff report, and on the City's Historical Preservation Program
R -8481
Council Resolution No. 8481 (1996 Series)
Page 2
Guidelines the following:
SECTION 1. Addition to Master List of Historic Resources. The following property is
hereby added to the Master List of Historic Resources as Type 5 property (not eligible for the
National Register of Historic Places, but locally significant), and is more fully described in the
historical documentation on file in the Community Development Department, and as legally
described in Exhibit A:
-1511 Morro Street (The Martha Dunlap House, 1916).
SECTION 2. Publish Revised Master List. The Community Development Director is hereby
directed to amend the Master List of Historic Resources to include the property listed above, and
to publish a revised Master List for public distribution.
SECTION 3. Recording of Historic Properties. The City Clerk is hereby directed to record
the properties' historic designation with the County Recorder, pursuant to State Law.
On motion of Council Member Smith , seconded by Vice Mayor Williams and
on the following roll call vote:
AYES: Council Members Smith, Roalman, Romero, Vice Mayor Williams, Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was sed and adopted this 4th day of January, 1996.
Mayor Allen Settle
.ATTEST:
r s
try ndo i istant City Clerk
forfty Clerk
APPROVED:
40 Jeff Jorg ne sen, City Attorney
� J
1
EXHIBIT A
LEGAL DESCRIPTIONS OF HISTORIC PROPERTY
Following is a legal description ° of the property added to the City of San Luis Obispo's Master
List of Historic Resources, by City Council Resolution No. (1996 Series):
1. 1511 Morro Street. (Martha Dunlap House)
City of San Luis Obispo, Murray and Church Addition, Block 103, Lot 2 (Assessor's
Parcel Number (APN #)) 003 -538 -010). Owners: Kelly Moreno and Ann McMahon.
END OF DOCUMENT
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RESOLUTION NO 8480 (1996 . Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING REVISIONS TO THE PARKING MANAGEMENT PLAN AND
RESCINDING RESOLUTION 6834
WHEREAS, the City adopted its first Parking Management Plan in 1987 and revised the plan
in 1990; and
WHEREAS, the City adopted a new General Plan Circulation Element in November, 1994
(Resolution 8376) that establishes an overall transportation services strategy for San Luis Obispo and
includes policies and programs that direct the provision and use of vehicle parking; and
WHEREAS, the City recognizes its responsibility to effectively manage parking throughout the
community to help maintain the quality of life in residential areas and the economic and cultural vitality
of the commercial core; and
WHEREAS, the Community Development Director has reviewed the revised Parking
Management Plan, has determined that its implementation will not have a significant adverse impact on
the environment, and has prepared a Negative Declaration consistent with the provisions of the
California Environmental Quality Act (CEQA); and
WHEREAS, the City Council has reviewed and considered the environmental determination
made by the Community Development Director, and has determined that it is prudent to revise the
Parking Management Plan to achieve consistency with the Circulation Element and to refine parking
management policies and programs.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
1. Council finds no significant environmental impact. The findings of the environmental
review of the revised Parking Management Plan will not result in any significant
environmental impact and the Council hereby adopts the Negative Declaration prepared
for the revised Plan.
2. The revised Parking Management Plan is hereby adopted.
3. Copies of the revised Parking Management Plan will be distributed to City departments
and made available to the public at the Public Works Dept. and City Clerk's offices.
On motion of Vice Mayor Williams , seconded by
on the following roll call vote:
Council Member Romero and
AYES: Vice Mayor Williams, Council Members Romero, Roalman, Smith, Mayor Settle
NOES: None
ABSENT: None
.,1
Pff-M
Page 2 — Resolution No. 8480 (199.5 Series)
the foregoing resolution was adopted this z, day of .Tgn„ar;z , 1996.
ATTEST:
Assistant City Clerk Kim Condon
APPROVED:
1 I
40111111111111111111111111 city of san tu,s omspo
a�
i� A
MANAGEMENT
PLAN
Revised December, 1995
CITY OF . SAN LUIS OBISPO
PUBLIC WORKS DEPARTMENT, PARKING SECTION
1260 Chorro Street, Suite B, San Luis Obispo, California 93401
-
•
•
—M
I NO
CITY OF . SAN LUIS OBISPO
PUBLIC WORKS DEPARTMENT, PARKING SECTION
1260 Chorro Street, Suite B, San Luis Obispo, California 93401
fflJJiJQ SCOPE OF TMS PLAN
This plan establishes vehicle parking policies and programs that apply throughout San Luis Obispo.
However, its primary focus is the management of parking in the commercial core. This plan may be
revised from time to time to address parking needs in areas beyond and within the commercial core.
For more information about City parking programs, contact the Parking Section of the Public Works
Department at (805) 781 -7230.
PAREING MANAGEMENT GOALS
❑ Support the commercial core as a viable economic and cultural center and preserve its historic
character.
❑ Support goals of Downtown Concept Plan.
❑ Provide enough parking in the commercial core for visitors and employees.
❑ Reduce the demand for employee parking through various programs such as carpooling.
❑ Support the transportation strategy presented in the General Plan Circulation Element.
❑ Except as otherwise stated and within budget constraints, carry out actions described in this plan
within five years of its adoption by the City Council.
QVJJJQ DEFINMONS
The following words and phrases used throughout this plan have the following meanings:
Commercial Core is the central business district in San Luis Obispo. Its boundaries are the same as
the Downtown Parking and Business Improvement Area (see Appendix A.1).
Commercial Deliveries are made to businesses in the commercial core using trucks that are
commercially licensed.
Downtown Business Improvement Area (BIA) Advisory Board is an 11- member group established
pursuanat to Municipal Code Chapter 12.36 by the City Council to promote the economic health of the
commercial core. The BIA Board (and its advisory committees) participates in the development of City
programs that effect the downtown and provide advise to City staff and the City Council.
Long -Term Parking spaces may be free or metered, are located along streets, in monthly permit lots
or parking structures, and typically allow parking for 10 hours or more.
Parking Structures are multi -level buildings that are managed by the City and provide parking for the
general public, commercial core employees, and jurors at the Palm Street parking structure.
City of sate Us OB1spo
Parking Management Plan
SAN LUIS OBISPO CITY COUNCIL
Allen K. Settle, Mayor
Kathy Smith
Dodie Williams
Dave Romero
Bill Roalman
PUBLIC WORKS DEPARTMENT
Mike McCluskey, Director
Wayne Peterson, City Engineer
Keith Opalewski, Parking Manager
Terry Sanville, Principal Transportation Planner
CITY ADMINISTRATION
John Dunn, City Administrative Officer
Ken Hampian, Assistant City Administrative Officer
CITY TRANSPORTATION PLANS
The City of San Luis Obispo adopts and maintains plans that help direct the implementation of the
General Plan Circulation Element. These plans include:.
Title of Document
Status
Parldng Management Plan
Revised December, 1995
Bicycle Transportation Plan
Adopted October, 1993
Short Range Transit Plan
Adopted September, 1991
Pavement Management Plan
Adopted February, 1988
Pedestrian Transportation Plan
Under Development
For more information about City transportation plans, projects and programs, contact the San Luis
Obispo Public Works Department, Engineering and Transportation Division at (805) 781 -7210.
TABLE OF e
Topic Page
Introduction ...................... ............................... 1
Relationship to Other Plans and Policies .... ............................... 1
Scopeof Plan ...................... ............................... 2
Parldng Management Goals ............ ............................... 2
Definitions....................... ..............................2
General Use of Parldng .............. ............................... 3
Employee Use of Parldng ............. ............................... 4
Juror Use of Parldng .............................. ............... 5
Expansion of Parldng .............................................. 6
Enforcement .... ... ............ ..............................6
Financing of Commercial Core Parldng ..................................... 7
Residential Parking ................. ............................... 8
Program Administration and Promotion ...... ............................... 8
FA "3Q 1 ►'
A.1 Map of Downtown Parking and Business Improvement Area Showing Existing Parking
A.2 Map of Existing Residential Parldng Districts
A.3 City Council Resolution # (1995 Series) revising this plan
�.� WMODUCTION
Between 1977 and 1987, a number of studies were conducted to assess the vehicle parking situation in
downtown San Luis Obispo. As a result of this work, the City built two parking structures that house
699 vehicles. The first parking structure located at the corner of Palm and Morro Streets was
completed in 1988. The second garage at the comer of Chorro and Marsh Streets was completed in
1990. In addition to these two parking structures, the City manages over 1,600 spaces located in
surface lots and along downtown streets.
Another result of these early parking studies was the City's adoption of its first Parking Management
Plan in 1987. 'The management plan was updated in 1990 to reflect the completion of some of the
major parking projects and to better define management policies.
This plan has been revised to address a number of events that have occurred since 1990, including the
following:
❑ In February 1993, a group of local architects and designers completed a Conceptual Physical
Plan for the City's Center (commonly known as the Downtown Concept Plan). The City
Council has adopted, in concept, the Plan and feels that it should be considered when making
planning decisions that.affect the City's center. The Plan suggests that a number of new parking
structures be built and that the pedestrian character of the commercial core be improved.
❑ In November 1994, the City adopted a new General Plan Circulation Element. The adopted
Circulation Element directs the City to conduct studies of downtown parking needs and to
consider ways of reducing traffic congestion by promoting the use of other types of
transportation. The Circulation Element also directs the reevaluation of the use of curb space
in the commercial core with the aim of creating more short-term parking spaces.
The Downtown Business Improvement Association (BIA) participated in the review and development of
this Parking Management Plan. This plan will be used as a management tool to help direct how vehicle
parking should be provided and used throughout San Luis Obispo.
iRQ RELATIONSEEW TO OTHER PLANS AND POLICIES
The City's General Plan Land Use Element establishes the pattern of land uses throughout San Luis
Obispo. The General Plan Circulation Element identifies how transportation services will be provided
to land uses envisioned by the Land Use Element. One of these transportation services is vehicle
parking. This plan provides specific direction for the management of vehicle parking in a way that
supports the Circulation Element's overall transportation strategy. This plan focuses on the management
of vehicle parking in the community's commercial core. Parking of bicycles is addressed by the Bicycle
Transportation Plan (1993) but is a issue that is relevant to the use of City parking structures and
surface lots.
1
"Jiiii SCOPE OF TMS PLAN
This plan establishes vehicle parking policies and programs that apply throughout San Luis Obispo..
However, its primary focus is the management of parking in the commercial core. This plan may be
revised from time to time to address parking needs in areas beyond and within the commercial core.
For more information about City parldng programs, contact the Parking Section of the Public Works
Department at (805) 781 -7230.
❑ Support the commercial core as a. viable economic and cultural center and preserve its historic
character.
❑ Support goals of Downtown Concept Plan.
❑ Provide enough parking in the commercial core for visitors and employees.
❑ Reduce the demand for employee parking through various programs such as carpooling.
❑ Support the transportation strategy presented in the General Plan Circulation Element.
❑ Except as otherwise stated and within budget constraints, carry out actions described in this plan
within five years of its adoption by the City Council.
mmiQi�a DEFINITIONS
The following words and phrases used throughout this plan have the following meanings:
Commercial Core is the central business district in San Luis Obispo.. Its boundaries are the same as
the Downtown Parldng and Business Improvement Area (see Appendix A.1).
Commercial Deliveries are made to businesses in the commercial core using trucks that are
commercially licensed.
Downtown Business Improvement Area (BIA) Advisory Board is an 11- member group established
pursuant to Municipal Code Chapter 12.36 by the City Council to promote the economic health of the
commercial core. The BIA Board (and its advisory committees) participates in the development of City
programs that effect the downtown and provide advise to City staff and the City Council.
Long -Term Parking spaces may be free or metered, are located along streets, in monthly permit lots
or parldng structures, and typically allow parking for 10 hours or more.
Parking Structures are multi-level buildings that are managed by the City and provide parking for the
general public, commercial core employees, and jurors at the Palm Street parking structure.
K
DEFINITIONS- continued
Short -Term Parking spaces may be free or metered and typically have a two-hour or less time limit.
GENERAL USE OF PARKING POLICIES
1.1 The City should maximize the use of all parking structures and surface lots.
1.2 The City should encourage any development of surface parking lots in the commercial core to
conform to the degree possible to the Downtown Physical Plan.
1.3 Curb parking spaces are intended for short-term parking.
People parking for longer periods should use:_
■ Monthly permit lots and long =term metered spaces; and
■ Parking structures.
1.4 The City may install parking meters or post parking time limits where at least 75 % of a block's
frontage is developed with commercial uses. The City will consider requests by a majority of
residential and commercial property owners along a block to install parking controls.
1.5 Thirty- minute parking spaces shall be placed at the ends of blocks in the commercial core where
short-term parking is needed. The City will consider requests by property owners to locate 30-
minute spaces at other locations.
1.6 Parking for commercial deliveries in the commercial core should be managed so that:
■ Illegal double parking or excessive circulation by delivery vehicles is discouraged.
■ Deliveries are discouraged during peak traffic periods and during retail business hours.
Merchants may consider lockbox systems that allow for unassisted nighttime access for
deliveries.
■ Oversized vehicles do not attempt deliveries.
ACTIONS
1.7 The City will:
■ Publicize the availability of parking spaces in underused lots and will offer incentives to
increase their use.
■ Take actions that better direct people to parking structures and underused parking lots.
3
■ Continue to offer permits for 10 -hour metered parking spaces.
■ Maintain long -term metered spaces on Pacific Street and along side streets near the
Marsh Street parking structure for overflow parking, but periodically evaluate their use.
1.8 The City will consider.
■ Allowing the mixture of daily and monthly parking in underused permit lots.
■ Managing employee use of the Marsh Street parking structure so that (A) more spaces
can be reserved for shoppers, and (B) more employees are encouraged to use the Palm
Street structure which has more vacant spaces..
1.9 City staff will periodically evaluate and revise as appropriate:
■ The placement of 30- minute parking meters.
■ The layout of existing parking lots or structures when they are resurfaced or restriped
with the aim of: (a) maximizing their use, (b) improving circulation, and (c) complying
with requirements to provide parking for the disabled.
■ The use of curb space in the downtown (including no parking and loading zones) to
identify opportunities for creating more short-term spaces.
■ The optimum mixture of long- and short-term metered spaces and the expansion of
metered curb areas.
1.10 If congestion levels in the commercial core exceed standards set by the Circulation Element, the
City will adopt an ordinance that limits times for commercial deliveries.
EMPLOYEE USE OF PARKING
POLICIES
2.1 Employee parking programs will be consistent with the goals and objectives of the Circulation
Element.
2.2 The City and County should_ develop programs that reduce the number of their employees that
are driving alone to work.
2.3 Commercial core employers should. establish programs that encourage employees to:
■ Use Palm Street Parking. Structure, monthly permit lots, and long -term metered spaces.
4
■ Use other types of transportation to get to work or to carpool.
ACTIONS
2.4 The City will establish a program in the commercial core that fosters carpooling by employees
and visitors.
2.5 The Business Improvement Association (BIA) and Chamber of Commerce should sponsor on-
going education programs that discourage employees from using curb parking and promote
alternate transportation.
2.6 The City should discourage long -term employee use of curb parking in the commercial core by:
o Expanding areas with two-hour parking limits when needed to maintain convenient
customer parking opportunities.
■ Monitoring the use of 30- minutes curb spaces;
■ Consider increasing the fines for overtime violations;
■ As requested, consider establishing resident parking districts in areas adjoining the
commercial core and office districts.
2.7 The City will institute a trip reduction program for its employees in compliance with goals
established by the Circulation Element.
2.8 The City should develop a bulk discount rate for its transit passes without negatively affecting
transit funding. Employers should purchase passes and make them available to employees who
substitute riding the bus for driving to work.
2.9 The City will install bicycle lockers at convenient locations in the commercial core and will
promote their use by commercial core employees on a space - available basis.
2.10 The City will work with Caltrans to consider park- and -ride lots that serve the commute needs
of commercial core employees. The City will evaluate outlying parking lots for their use by
commercial core employees with a shuttle connecting these lots with the core.
_J.R JUROR USE OF PARKING 1
POLICIES
3.1 The City will provide free parking for jurors in the Palm Street parking structure or in metered
spaces when the Palm Street parking structure is full or when a juror drives an oversized vehicle
as per the agreement with the County for limited use.
5
ACTIONS
3.2 City staff will work with the Jury Commissioner to inform prospective jurors of the City's
parking policies. Staff will monitor the amount of jury parking and inform the Jury
Commissioner if overflow parking becomes a problem.
EXPANSION OF PARIING
POLICIES
4.1 Parking should be provided in the commercial core for shoppers, tourists, employees and patrons
of government and private offices.
4.2 Building parking structures is the best way of providing more parking facilities while minimizing
the use of valuable commercial land. City-owned land earmarked for parking structures may
be used as temporary surface parking lots.
4.3 Existing City-owned surface parking lots purchased by the Parking Fund which are not
earmarked for parking structure locations may be sold to finance expansion of parking in
permanent structures when and after new parking structures have been built to take their place..
4.4 Parking structures and surface lots should be located along the periphery of the commercial core
as a means of eliminating traffic congestion and enhancing pedestrian activities.
ACTIONS
4.5 Develop a program to encourage use of underutilized parking lots which would benefit the
commercial core.
91 M' 91 191
5.1 Parking laws will be strictly enforced to:
■ Discourage overtime parking;
■ Discourage habitual parking violations -- people with six or more violations;
■ Encourage meter payments; and
■ Direct people parking for long periods to use long -term parking spaces.
R
ACTIONS
5.2 City enforcement officers will strictly enforce all parking laws, especially overtime violations
and the misuse of loading zones.
5.3 The City in cooperation with the BIA will develop a plan to discourage habitual violators.
ry FINANCING 1 1 PARKING
POLICIES
6.1 The City's Parking Program will be self- supporting. Parking program income will be used to
maintain and expand parldng operations and repay bonds that financed the construction of the
parking structures.
6.2 Commercial core merchants, business owners, and property owners should help finance the
Parking Proms•
ACTIONS
6.3 The City will deposit all revenues from parking fines into the Parking Fund.
6.4 The City will:
■ Review parking meter and citation rates every two years and make adjustments as needed
■ Continue to charge variable rates for different types of parking.
■ Review the amount of free parking time allowed patrons of parking structures (90
minutes in 1995) and consider new time limits.
■ Continue to collect in -lieu fees from development projects in the commercial core.
Amend the resolution establishing the in -lieu fee program to allow annual adjustments
to the fee rate based on Consumer Price Index (CPI) changes and evaluate current rates
for change.
■ Consider new fee programs applicable to commercial core merchants, business owners,
and property owners.
6.5 The City, upon Council direction, will evaluate the elimination of parking meters in the
commercial core and the creation of a comprehensive financing plan to finance the Parking
Program.
7
Il u! 1
I_0
7.1 Parking along streets in residential areas should be used by residents and their guests. However,
no individual household has the exclusive right to use a particular section of curb parking and
curb parking is not guaranteed in front of each household.
7.2 The City may prohibit or limit curb parking in residential areas to ensure safe traffic flow,
pedestrian crossing conditions or to install motor vehicle or bicycle lanes consistent with the
Circulation Element or the Bicycle Transportation Plan.
7.3 The City will create residential parking districts when needed to manage parking and maintain
the quality of life in residential areas.
7.4 All residential parking districts must comply with provisions of Section 10.36.170 of the San
Luis Obispo Municipal Code.
ACTIONS
7.5 Upon receiving a petition from the majority of residents living within a proposed parking
district, the City Council may create a district consistent with provisions of the municipal code.
(For the location of existing Residential Parking Districts, see Appendix A.2)
_sue.. �� 1 11 1 1
e.,
8.1 The City's Parking Manager is responsible for interpreting and implementing the provisions of
this plan.
8,2 As the need 'arises, the City will evaluate the potential for hiring a private company to manage
its parking structures.
8.3 The Parking Manager will continue to work with the Business Improvement Association (BIA),
Chamber of Commerce, and County government to cooperatively implement this plan.
8.4 The Parking Manager will undertake a wide range of actions to make the public aware of the
provisions of this plan.
8.5 Applications for amending the Parking Management Plan shall be filed with the City's Parking
Manager. Applications will receive an extensive review process and will be acted on no more
frequently than annually by the City Council.
0
( i
APPENDIX
A.1 Map of Downtown Parldng and Business Improvement Area Showing Existing Parking
A.2 Map of Existing Residential Parking. Districts
A.3 City Council Resolution # (1995 Series) revising this plan
0i
}
APPENDIX
A.1 Map of Downtown Parldng and Business Improvement Area Showing Existing Parldng
A.2 Map of Existing Residential Parldng Districts
A.3 City Council Resolution # (1995 Series) revising this plan
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APPENDIX A -2
MAP OF RESIDENTIAL PARTING DISTRICTS (April, 1995)
A -2 -1
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X 4-
RESOLUTION NO. 8479
11996 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A DRUG AND ALCOHOL TESTING POLICY
WHEREAS, the City of San Luis Obispo is committed to maintaining a drug -free workplace and
complies with the Drug -Free Workplace Act of 1988, and
WHEREAS, the City of San Luis Obispo complies with the Omnibus Transportation Employee
Testing Act. of 1991, and all rules and regulations established by the Federal Highway Administration
thereunder, and
WHEREAS, the City is responsible to all or its employees to maintain a safe, healthy and
efficient working environment and to protect City property, equipment and operations, and
WHEREAS, the San Luis Obispo City Employees Association and the San Luis Obispo City Mid-
Management Employees Association have reviewed the Drug and Alcohol Testing Policy and are in
agreement with and supportive of said policy;
NOW THEREFORE BE IT RESOLVED: that the City Council of the City of San Luis Obispo does
hereby approve the San Luis Obispo Drug and Alcohol Testing Policy, attached hereto as Exhibit "A"
and incorporated herein by this reference.
On motion of Vice Mayor Williams
and on the following roll call vote:
,seconded by Council Member Romero
AYES: Vice Mayor Williams, Council Members Romero, Roalman, Smith, Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 4 day of January 996.
Mayor Allen Settle
ATTEST: APPROVED AS TO FORM:
im ondon, istant City Clerk Im Jeffrey . Jorgensen
for City Clerk C City Attorney
R -8479
ATTACHMENT A COVERED EMPLOYEE CLASSIFICATIONS
Arborist
Fire Vehicle Mechanic
Heavy Equipment. Mechanic
Heavy Equipment Operator I
Heavy Equipment Operator II
Maintenance Worker I
Maintenance Worker II - Parks
Maintenance Worker II - Streets
Maintenance Worker III - Parks
Maintenance Worker III - Streets
Streets Supervisor
Supervising Mechanic
Tree Trimmer I
Tree Trimmer II
Utility Worker II
Utility Worker III
Wastewater Collection Supervisor
Water Distribution Supervisor
Water Service Worker II
Water Service Worker III
Some positions within the above listed job classifications do not require the
incumbent to perform "safety sensitive functions," as set forth in Section C of this
Policy. The Personnel Department maintains, and will make available upon
request, a list of the specific positions within the above listed classifications that
are covered under the Federal Omnibus Transportation Employee Testing Act of
1991.
10
AAIV-
llvv�� IV
RESOLUTION N0.8478 (1996 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2084
(Portzel, Subdivider)
WHEREAS, the City Council made certain findings concerning Tract
2084 as contained in Resolution No. 7059 (1991 Series), and
WHEREAS, all conditions required per Resolution No. 7059 (1991
Series) for Tract No. 2084 have been met.
NOW THEREFORE BE IT RESOLVED that final map approval is hereby
granted for Tract No. 2084.
On motion of Vice mayor-Williams. , seconded by Council Member Romero
and on the following roll call vote:
AYES: Vice Mayor Williams, Council Members Romero, Roalman, Smith, Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 4 day of January
1996.
ATTEST: MAYOR Allen Settle
b Assis'tz City Clerk Kim Condon
PROVED AS TO FORM:
.rim.
C 0 Y J re3 Jorgensen
R -8478
J
�.UJ
i
RESOLUTION NO. 8477 (1996 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPDATING PAYMENT DISBURSEMENT AND RECEIPT AUTHORITY
WHEREAS, it is the policy of the City of San Luis Obispo for the Director of Finance
to concurrently hold the position of City Treasurer; and
WHEREAS, Resolution No. 6148 designates specific positions to act on behalf of the
Director of Finance /City Treasurer that no longer exist.
NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo as
follows
SECTION 1. The Director of Finance is hereby appointed to concurrently hold the
position of City Treasurer.
SECTION 2. The Director of Finance /City Treasurer is hereby authorized to sign all
checks, drafts, wire transfers and other orders for and on behalf of the City for deposit;
payment or investment in accordance with Government Code Section 53601.
SECTION 3. The Director of Finance /City Treasurer is hereby authorized to designate
the following positions with signature and representation authority to act in her or his. behalf
on the matters set forth above in Section 2 of this Resolution: Revenue Manager, City
Administrative Officer, Assistant City Administrative Officer, and other officials formally
designated by the Director of Finance /City Treasurer to serve in her or his absence on a case -
by -case basis.
SECTION 4. Resolution No. 6148 (1987 Series) is hereby rescinded.
On motion of Vice Mayor Williams seconded by Council Member Romero
and on the following roll call vote;
AYES: Vice Mayor Williams, Council Members Romero, Roalman,Smith, Mayor Settle
NOES: None
ABSENT: None.
the foregoing Resolution was passed and adopted this 4 day January,: 1996.
Mayor Allen Settle
ATTEST: i
Assistant City Clerk Kim Condon
APPROVED-
R-8477
RESOLUTION NO. 8476
(1996 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING
AND RATIFYING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE SAN LUIS OBISPO MID - MANAGEMENT EMPLOYEES'
ASSOCIATION FOR THE PERIOD OF JANUARY 1, 1996 - DECEMBER 31, 1996.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Section 1. The Memorandum of Agreement between the City of San Luis Obispo and the San
Luis Obispo Mid- Management Employees' Association, attached hereto as Exhibit "A" and incorporated
herein by this reference, is hereby adopted and ratified.
Section 2. The Finance Director shall increase the Personnel Services appropriation accounts
to reflect the negotiated compensation changes.
Section 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed
Memorandum of Agreement approved by it to: Dave Smith, President SLOMM /EA Ann Slate,
Personnel Director; William Statler, Finance Director.
On motion of Vice Mayor Williams
and on the following roll call vote:
,seconded by CouncilMember Romero ,
AYES: Vice Mayor Williams, Council Members Roalman, Romero, Smith, and Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 4 day of January 1996.
Mayor Allen Settle
ATTEST:
Assistant City Clerk
r'for City Clerk
APPROVED AS TO FORM:
R -8476
EXHIBIT "A"
SUPPLEMENTAL
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
MID - MANAGEMENT EMPLOYEES' ASSOCIATION
This supplemental agreement is made and entered into this day of January,
1996, by and between the City of San Luis Obispo, hereinafter referred to as the
"City" and the San Luis Obispo Mid= Management Employees' Association, hereinafter
referred to as the "Association ", amends the Memorandum of Agreement dated
January 1, 1994 between the City and the Association as follows:
1. TERM
The term of the agreement shall be one year, January 1 through December 31,
1996.
2. SALARY INCREASE
There shall be a 3.5% salary increase effective the first full pay period of
January 1996.
3. CLASSIFICATION STUDY
The City agrees to conduct a classification study of the positions in the mid -
management group to be completed by July 1, 1996. Although the results of
the study may indicate that certain positions be reallocated to salary ranges
either higher or lower than their current range, it is understood that no
individual salaries will be changed due to this study.
4. PAY -FOR- PERFORMANCE PLAN
The City and the Association agree to reopen in June 1996 to consider the
adoption of a pay- for - performance plan effective July 1, 1996, that will be
available to a newly formed, unrepresented Management group comprised of
management and department head employees. The plan will be developed by
a committee comprised of department heads and mid- managers and will be
designed to accomplish a number of goals:
a. The plan will provide for salary increases based solely on performance.
b. The plan will enable employees to move through their salary ranges.
C. The plan will ensure that all employees are held to similar standards and
the application of performance increases will be consistent throughout
the departments.
d. The plan will be simple, easily understood and administered.
Page 2
5. LONG TERM DISABILITY (LTD)
Should a new group be formed, then all management employees will be eligible
for participation in the Executive LTD plan: 66 ya% of the first $8250 of
monthly earnings, with a maximum monthly benefit of $5500, 30 day waiting
period, payable to age 65.
6. CONFIDENTIAL EMPLOYEES
The Confidential Employees shall receive a 3.5% salary increase in January
1996 plus an equity adjustment to restore the appropriate differential between
their salaries and those of their counterparts in the General Unit. (approximately
2 %)
Effective January 1, 1996, the_ Confidential Employees will be disassociated
from SLOMM /CEA and will become unrepresented, with salary and benefit
adjustments handled through City resolutions annually..
7. All other terms and conditions provided in the Memorandum of Agreement
between the City and the Association, January 1, 1994 through December 30,
1995, shall continue in full force and effect through midnight, December 31,
1996 or unless otherwise modified by mutual agreement prior to that date.
CITY OF SAN LUIS OBISPO
Ann Slate, Personnel Director
wmm SLOMMA
SAN LUIS OBISPO MID- MANAGEMENT
v
7 �L ' ��� 1
,r�
_. - ''r _
1�
RESOLUTION NO. 8475 (1996 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. 1827 LOCATED AT THE SOUTHWESTERN CORNER
OF FLORENCE AVENUE AND BUSHNELL STREETS (2175 FLORENCE 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 public testimony,
the subdivider's request, staff recommendations and reports thereon, found that the one -year time
extension is justified.
SECTION 2. Action. That Vesting Tentative Tract Map No. 1827 is granted a one-
year time extension to November 21, 1996, subject to the original findings and conditions, as
specified in City Council Resolution No. 6723.
On motion of Vice Mayor Williams ,seconded by Council Mbr. Romero
and on the following roll call vote:
AYES: Vice Mayor Williams, Council Members Roalman, Romero, Smith, and
Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 4 day of January , 1996.
R -8475
City Council Resolution No. 8475 (1996 Series)
Page 2
Mayor Allen K. Settle
ATTEST:
Assistant City Clerk Kim Condon
APPROVED:
+1 City Attorney
1s \m\o-i827.apy
,�a � ' ..
� l
_Fy �
RESOLUTION NO. 8474
(1996 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. 2139 LOCATED ON THE EASTERN CORNER OF
PISMO AND BEACH STREETS (533 PISMO 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 one -year time
extension is justified.
SECTION 2. Action. That Vesting Tentative Tract Map No.
2139 is granted a one -year time extension to November 30, 1996,
subject to the original findings and conditions, as specified in
City Council Resolution No. 8244.
On motion of Council .Member Williams
seconded by Council Member Romero , and on the following roll
call vote:
AYES: Council Members Williams, Romero, Smith, Roalman, Mayor Settle
NOES: None
ABSENT: None
R -8474
Resolution No. 8474
Page 2
the foregoing resolution was passed and adopted this A day
Mayor Allen K. Settle
by Assistant City Clerk Kim Condon
APPROVED:
City Attorney
RESOLUTION NO. 8473 (1995 Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO
AMENDING A MANUAL ENTITLED
"COUNCIL POLICIES AND PROCEDURES"
WHEREAS, the establishment of procedural rules for the conduct of meetings of the City
Council will promote and enhance a more efficient and effective means of conducting the public's
business; and
WHEREAS, the Council has previously adopted a manual entitled "Council Policies and
Procedures" which sets forth such rules; and
WHEREAS, the Council's Policies and Procedures were most recently updated in 1993
through the adoption of Resolution No. 8252; and
WHEREAS, on December .5, 1995, the City Council directed an amendment to those
procedures related to Section 1.2.1, "Placing an Item on the Agenda (Council Member) ".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo that:
Section 1.2.1 is hereby amended to read as follows:
"Any Council Member may request an item be placed on a future agenda during
Communications, and upon consensus of a majority of Council, staff will prepare
a staff report if formal Council action is required. An individual Council member
may place an urgency item on an agenda with am inim um of 72 hours legal notice
and a memorandum from the Council Member to the Council and staff setting
fourth the substantive issues of the item. For the purpose of this paragraph,
urgency shall arise in those limited situations where an item requires immediate
action, and the need to take immediate action came to the attention of the Council
Member subsequent to the distribution of the agenda."
2. All other provisions of Resolution No. 8252 shall remain in effect.
R -8473
R -8473 (1995 Series
Page 2
Roalman
Upon motion of Council Mbr. seconded byCn„nri 1 Mhr _ ,.i rt and on the
following roll call vote:
Ayes: Council Members Roalman, Smith, Romero, Williams, Mayor Settle
Noes: None
Absent: None
the foregoing resolution was adopted this " day ofn,, , 1995.
ATTEST:
City Yerk, by Kim Condon,
Assistant ity Clerk
APPROVED:
Mayor Allen Settle
RESOLUTION NO.8472 (1995 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2132
WHEREAS, the City Council made certain findings concerning Tract
2132 as contained in Resolution No. 8173 (1993 Series), and
WHEREAS, the city council has approved a 50% reduction in park -in-
lieu fees in view of the private park being developed within the tract,
WHEREAS, all other conditions required per Resolution No. 8173
(1993 Series) of said Tract No. 2132 have been satisfactorily met
and /or are guaranteed under a Subdivision Agreement (attached Exhibit
"A") and surety to guarantee. Faithful Performance ($ 100,000.00) and
Labor & Materials ($ 50,000.00).
NOW THEREFORE BE IT RESOLVED that: (1) final map approval is
hereby granted for Tract No. 2132 and (2) the Mayor is hereby
authorized to approve of the Subdivision Agreement.
On motion of Council Mbr. Romero seconded by Council Mbr. Williams
and on the following roll call vote:
AYES: Council Members Romero, Williams, Smith, Roalman, Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of
Or
]Ipromhar , 1995.
TES MAYOR Al en Settle
CITY/CLER�by Asst. City Clerk
Kim Condon
APPROVED AS TO FORM:
' TT E of ey Jorgensen
R_8472
STANDARD SUBDIVISION AGREEMENT
THIS
AGREEMENT
is
dated this
5th day of
December
by
and
between
Richard
J.
Louahead,
Jr. 'herein
referred
to
as
"Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to
as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision
of real property in the City of San Luis Obispo, County of San Luis
Obispo, State of California, a description of which is shown on the
final map of Tract 2132, City of San Luis Obispo, California, as
approved by the City Council on the 5th day of December ,
19 95 .
The Subdivider desires that said Tract 2132. be accepted and
approved as a final map pursuant to the Subdivision Regulations of
the City of San Luis Obispo (Title 17 of the San Luis Obispo
Municipal Code),and
It is a condition of said regulations that the Subdivider agree
to install the improvements as set forth on the plans therefore.
TERMS-AND CONDITIONS:.
In consideration of the foregoing, the Subdivider does hereby
agree to construct and install the following subdivision
improvements in accordance with said subdivision regulations, and
in accordance with approved plans and specifications on file in the
office of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the
property line and water services to the curb stop.
4. DRAINAGE STRUCTURES
5." ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to
the inspection and approval of such facilities by the City,
each public utility shall be required to file a letter stating
that.the developer has properly installed all facilities to be
provided by him, and that the said utility is prepared to
provide service to residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations
designated and to the plans and specifications on file and approved
by said City Engineer.
The lines and grades for all of said improvements shall be
established by or under the direction of the Subdivider-'s Engineer
of Record in accordance with said approved plans and
specifications, who shall update plans during construction and
provide. "as- built" or record plans to the City at the end of
construction, prior to release of bond or acceptance of the
improvements. The Subdivider agrees to include the cost of this
work in the contract for the design work with the project engineer,
and shall advise the .Engineer of Record when construction begins.
The Subdivider agrees to inform the City in writing within ten
(IO) days of any reassignment of engineering responsibilities.
Said notice shall include letters of concurrence from both the
Engineer of Record releasing responsibility and of the new engineer
accepting responsibility.
The Subdivider agrees that the work of installing the above
improvements shall begin within thirty (30) days from the date of
recording of the final map, and that the work shall be completed
within eighteen (18) months of said recording date, unless an
extension has been granted by the City, provided that if completion
of said work is delayed by acts of God or labor. disputes resulting
in strike action, the Subdivider shall have an additional period of
time equivalent to such period of delay in which to complete such
work. Any extension of time hereunder shall not operate to release
the surety on the Improvement Security filed pursuant to this
agreement. In this connection, the surety waives the provisions of
Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after
the expiration date of the agreement until completion and
acceptance of all public improvements unless specifically approved
by the City.
The Subdivider does also agree to comply with the conditions
established by the Planning Commission and /or the City Council and
has paid the necessary fees as indicated on.the attached Exhibits
1 and 2. ,
The restoration of lost section corners and retracement of
section lines within the Subdivision shall be in accordance with
Article 5, paragraph 8771 et seq., of the Professional Land
3
Surveyors Act, Chapter 15 of the Business and Professions Code of
the State of California.
The Subdivider attaches hereto, as an integral part hereof, and
as security for the performance of this agreement, an instrument of
credit or bond approved by and in favor of the City of San. Luis
Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of
$100,000.00, which is the amount of the estimated cost of said
improvements. Subdivider agrees to remedy any defects in the
improvements arising from faulty workmanship or materials or
defective construction of said improvements occurring within twelve
(12) months after acceptance thereof. In accordance with Sections
66499.7 and 66499.9 of the Government Code of the State of
California, upon final completion and acceptance of the work, City
will release all but 10% of the total cost of the improvements (10%
of $420,000 = $42,000), that amount being deemed sufficient to
guarantee faithful performance by the Subdivider of his obligation
to remedy any defects in the improvements arising within a period
of one year following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the
date which the City Council shall, by resolution duly passed and
adopted, accept said improvements according to said plans and
specifications, and any approved modifications thereto. Neither
periodic nor progress inspections or approvals shall bind the City
to accept said improvements or waive any defects in the same or any
breach of this agreement.
4
I�
If the Subdivider fails to complete the work within the
prescribed .time, the Subdivider agrees that City may, at its
option, declare the instrument of credit or bond which has been
posted by Subdivider to guarantee faithful performance, forfeited
and utilize the proceeds to complete said improvements, or city may
complete said improvements and recover the full cost and expense
thereof from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and
materials bond in the amount of 50% of the above described
subdivision improvements in accordance with State law.
Said Subdivider has paid the sum of $15,320.00, from which the
City will pay the salary and expenses of an inspector or inspectors
to inspect the installation of said subdivision improvements. Upon
completion of the work, the Subdivider shall submit written
certification that the work has been completed in accordance with
the plans and specifications and requests acceptance of the work by
the City.
Title 16 of the San Luis Obispo Municipal Code, entitled
"Subdivision," all plans and specifications on file with said City
Engineer as a part of said Subdivision Map, and all other documents
filed with the City by the Subdivider and approved by the City
Engineer are hereby referred to for further particulars in
interpreting and defining the obligations of the Subdivider under
this agreement.
It is understood and agreed by and between the Subdivider and
the, City hereto that this agreement shall bind the heirs,
5
executors, administrators, successors and assigns of the respective
Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the
successful bidder's contract unit prices and total bid prices for
all of the improvements herein referred.to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN.LUIS OBIS
MAYOR Allen K. Settle
KiD( Condo
, by Asst. City Clerk
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city of san WIS OBISPO
FINAL MAP APPROVAL CHECKLIST
PROJECT NAME
ez
DESCRIPTION 4407-
MAP NUMBER. Tee 202- SPECIFIC PLAN REZONING
USE PERMIT
VARIANCE
PUBLIC IMPROVEMENT CONDITIONS
ARC
GEN. PLAN
OTHER
#
DESCRIPTION
INITIAL
'DATE
COMMENTS
1
GRADING Including planting 8, retaining walls
(5 P�eynA56P Px
2
STORM DRAINS & DRAINAGE STRUCTURES
21
Cit y Council
3
SEWERS & SERVICES
n
Abandonments
s
4
WATERLINES & SERVICES
Other
5
FIRE HYDRANTS
6
CONCRETE
Curbs and Gutters
Sidewalks
Driveways
7
STREETS & PAVING
Pavement
Signing, strong and curb painting
8
NON-CITY UTILITIES
P.G.&E. — Electilcal
Street Lights
Cable TV
Telephone Co.
Gas Company
9
FEES RECEIVED (Water, Sewer)
10
PUBLIC IMPROVEMENTS payments received
�n�0,1�42
11
AGREEMENT CONDITIONS have been met
12
MONUMENTATION
13
STREET TREES
14
OFFSITE WORK
is
BONDIGUARANTEE deposited
16
PARK dedication or lfi-1166 fees
17
Deposit.Account Status
X14
OTHER CONDITIONS
IS
Board of Adjustments
19
Planning Commission
20
Architectural Review Commission
21
Cit y Council
n
Abandonments
s
23
Other
ATTACH LIST OF CONDITIONS & SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APPROVAI
52-81 PUBLIP41IR"eEs APPROVAL.. ZXZ�
EXHIBIT 1
TRACT 2132
LAURELNOOD
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the
amount of $1,500.00 to cover the installation of survey monuments
in accordance with the approved map and payment for same. Said
guarantee will be released to the Subdivider upon receipt by the
City of a letter from the Engineer indicating that they have
completed the work and have been paid.
2. 50% of standard Park -in -lieu fees have been paid, in the amount
of $2000.00 per new lot or 46 times $2000 = $92,000 times 50% _
$46,000 ,
3. Water and sewer impact fees will be paid at time of building
permits through the Community Development Department per the fee
schedule in effect at that time.
4. The Subdivider shall improve and landscape and make provisions
for the homeowners to maintain the park, the frontages along Laurel
Lane and' Southwood Street, the private streets and drainage
facilities in compliance with Conditions 7, 13 and 14 of Council
Resolution No. 8173 (1993 Series).
5. The Subdivider has paid $50,000.00 towards local area traffic
improvement facilities including Traffic signals at Southwood and
Laurel, Laurel and orcutt, and railroad crossing at Orcutt per
condition 4 of Council Resolution No. 8173 (1993 Series)
Bonds and Guarantees:
Rough Grading /Erosion
Control
EXHIBIT 2
TRACT 2132
LAURELWOOD
FEE AND BOND LIST
AMOUNT FORM OF SURETY .
$3,000 CD # 7603
Faithful Performance $100,00.0 L/C #95 -08
(Remaining improvements as of 10/95 *)
Labor & Materials $50,000 L/C #95 -09
(50% of "Bond ")
Monument Guarantee $1,500
Fees:
Map Check Fee $3,279
Plan check Fee $9,090
Inspection Fee
($533 + 2.5% of $5
Park -in -Lieu Fee
(Reduced 50%
by City Council)
Traffic Facilities
Per Condition 4)
$15,32,0
91,480)
$46,000
$50,000
CD #7721
Water and Sewer Impact Fees
(Due in conjunction with Building Permits)
DATE RECEIVED
12/2/94
10/31/95
5
1118/95
l
2/15/94
H. B.
2/15/94
H. B.
12/2/,94
11/6/95
11�
*Total subdivision improvements = $591,480 therefore warranty bond
will be 10% of $591,480 = $59,148
A: \HB2 \T2132agr
RESOLUTION NO. 8173
r` Once,
(1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 2132
LOCATED AT 11.90 LAUREL LANE
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 2.132 and the Planning
Commission's recommendations, staff recommendations, and reports
thereof, makes the following findings:
1. The design of the tentative map and proposed improvements
are consistent with the general plan.
2. The site is physically suited for the type and density of
development allowed in the R -3 zone.
3. The design of the subdivision and the.proposed .improvements
are not likely to cause serious health problems, substantial
environmental damage or substantially and unavoidably injure
fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvement
will not conflict with easements for access through, or use
of property within, the proposed subdivision.
5. The Community Development Director has determined that the
proposed subdivision will not have a significant effect on
the environment and has issued a negative declaration of
environmental impact for the project, which is hereby
approved.
SECTION 2.. Conditions. The approval of the tentative map
for Tract 2132 is subject to the following conditions:
Relationship to planned development:
1. Approval of this subdivision is contingent upon the adoption
of the planned deve- lopment rezoning of the included property
to the R -3-PD district as requested by application I PD 13 -93.
Density:
2. The maximum density allowed on each lot is 2.00 dwelling
units, as defined by the zoning,regulations. Lots may be
developed with more than one dwelling unit if this density
is not exceeded, and if all property development standards
are met for the additional unit.
Resolution No. 8173 (1993 Series)
Tract 2132
Page 2
Transportation:
3. The subdivider shall install a concrete pad and transit
shelter, "P" pole sign and trash receptacle along the Laurel
Ln. frontage, to the satisfaction of the City Engineer. The
location shall be approximately 80 feet southerly of the
Laurel /Southwood intersection, within the public.R /W area
behind the sidewalk (no bus turn -out is required).
4. The subdivider shall pay a maximum of $50,000 towards local
-area traffic improvement facilities prior to recordation of
the final map, as determined by the City Engineer.
.Anticipated improvements include a traffic signal at
Southwood Drive and Laurel Lane, a. traffic signal at Laurel
Lane and Orcutt Road, railroad signal relocation and street
widening at Orcutt Road.
5. The City is expected to adopt a new traffic impact fee
sometime in mid -1993. Upon adoption of traffic impact fees,
the fees specified above may be credited towards any traffic.
impact fees if incorporated into the traffic impact fee list
of projects. The subdivider shall pay all applicable
traffic impact fees prior to recordation of the final map.
6. A bulletin board or information kiosk shall be installed in
the recreation area. Information on ridesharing, transit,
bicycle routes, other alternative transportation methods,
plus recycling information shall be posted on this board or
kiosk as it becomes available to the homeowners'
association.
Homeowners' association:
7. The subdivider shall establish covenants, conditions, and
restrictions for the regulation of land use control of
nuisances and architectural control of all buildings and
facilities. These CC &R's shall be approved by the Community
Development Department and administered by the Laurelwood
homeowner's association. The subdivider shall include the
following provisions in the CC &R's for the Tract:
a. A homeowners' association shall be created to enforce
the CC &R's and.provide for professional, perpetual
maintenance of all common areas, including private
streets, drainage facilities, parking lots, walls and
fences, lighting, recreation area, and landscaping in a
first class condition.
Resolution No
Tract 2132
Page 3
8173 (1993 Series)
0
b. The homeowners' association shall maintain all public
right -of -way frontage improvements (on Laurel Lane and
Southwood Drive), rather than individual lot owners.
C. There shall be no provisions in the CC &R's. that
prohibit use of private clotheslines in rear yard
areas.
d. The City shall be granted the right to maintain the
common areas and rights -of -way if the homeowners'
association fails to perform, and to assess the
homeowners' association for expenses incurred, and the
right to inspect the site at mutually agreed times to
assure conditions of CC &R's and the final map are being
met.
e. There shall be no parking except in approved,
designated spaces.
f. The City shall have the right to tow away vehicles on a
complain basis, which are parked in unauthorized
places.
g. Garages.shall be available for parking at all times.
h. There shall be no outdoor storage of boats, campers,
motorhomes, or trailers, nor long -term storage of
inoperable vehicles.
i. There shall be no outdoor storage by individual
homeowners except in designated storage areas.
j. The 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.
k. Appropriate "no parking" signs and red - curbing shall be
installed and maintained along interior streets as
required by the City Fire Department.
1. There shall be no change in city - regulated provisions
of the CC &R's without prior approval by the Community
Development Director.
o�
Resolution No. 8113 (1993 Series)
Tract 2132
Page 4'
Public works improvements:
8. All interior streets shall have structural.sections based on
a soils report recommendation, and that meet City standards_,
subject to the approval of the City Engineer.
9. All sidewalks constructed along the private streets must,
meet all handicap access:requirements and therefore must be
a minimum.of V-011 wide (excluding the curb width). All
said sidewalks must maintain a minimum of V-0 clearance
around any fire hydrant, street light.pole,.sign pole and
any other street furniture or obstacle.
10. All entrances to this site (including the Laurel Ln.
driveway) shall be constructed as street type entrances, to
the satisfaction of the City :Engineer.
11. The subdivider shall plant street trees along-all. streets
(public and private) per City standards and to the
satisfaction of the City Arborist.
Tree Species
Laurel Lane......... Coast Live Oak /London Plane
Southwood, Dr ........ Evergreen Pear /Chinese Pistache
Private streets...._ Choose from Master Street Tree List
Special consideration shall be given to the street tree
planting scheme along the Laurel Ln. frontage.
Specifically, it will be necessary to provide an 8fx 8'
planting area adjacent to the back of sidewalk.
12. The subdivider shall dedicate street tree easements along
all public street frontages to the satisfaction of the City
Engineer..
13. a. All water mains shall be public and shall.be
constructed per City standards to the satisfaction of
the City Engineer and Utilities Engineer.
b. All sewer mains within the private streets shall be
public and shall be constructed per City standards to
the satisfaction of the City Engineer and Utilities
Engineer.
C. All on -site storm drainage facilities shall be
privately owned and maintained by the Homeowners'
Association.
Resolution No. 8173 (1993 Series)
Tract 2132
Page 5
h
�1
{ I
14. The subdivider shall dedicate all private streets as a
public water and sewer system easement, to the satisfaction
of the City Engineer and Utilities Engineer. Said easement
shall exempt the City from all responsibility for the
replacement of any decorative pavements (other than City
standard asphalt concrete pavement) used on any private
streets.
15. Each lot shall be served by individual services (water,
sewer, gas, electric, telephone and cable TV) to the
satisfaction of the City Engineer and Utilities Engineer.
Piping shall be installed to make use of reclaimed water for
maintaining landscaping in the common area, to the approval
of the Utilities Engineer and Public Works Director.
16. All water services shall be sized accordingly to provide the
flows required for fire sprinklers, to the satisfaction of
the Utilities.Engineer and Fire Marshal.
17. The Subdivider shall dedicate a.611 wide public utilities
easement along all street - frontages (public and private).
18. The subdivider shall install conduit for the future
undergrounding of existing overhead utilities, along the
Laurel. Lane frontage. If the cost of conduit installation
is less than 2/7 of the total estimated cost of
undergrounding, then the subdivider shall deposit the
difference with the City. Any such sum is to be used to
off -set the costs.of the eventual completion of said
undergrounding project. The Public Works Director shall
determine how and when.the work will be done.
19. All boundary monuments, lot corners and centerline
intersections, BC's, EC's, etc..., shall be tied to the
City's control network. At least two control points shall
be used and a tabulation of the coordinates shall be
submitted with the final map or parcel map. A 5 -1/4"
diameter computer .floppy disk, containing the appropriate
data for use in autocad for Geographic Information .System
(GIS) purposes, is also required to be submitted to the
City Engineer.
20. The subdivider shall provide the City Engineer with a
detailed hydraulic analysis which indicates the effects of
the proposed development on adjacent and downstream
properties. The analysis must address the existing storm
drain facilities and creek capacities. The proposed
development cannot create a situation which increases
flooding potential downstream.
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Resolution No. 8173 (1993 Series)
Tract 2132
Page 6
21. The subdivider shall dedicate vehicular access rights to the
City, along all public street frontages, except for approved .
driveway accesses (private streets).
Sound wall:
22. The sound wall along Laurel Lane and Southwood Drive shall
be set back at least 61 from the sidewalk, and a minimum of
40.% of the frontage shall be set back at least 81, and shall
be a,combination of a wall and 3" -high- minimum earth berm,
with tree. planters. A section of the wall, located
approximately in the middle of the Laurel Lane block; shall
be set back from 6' to 12' or more. The area between the
sidewalk and the wall shall be planted with a variety of
drought- tolerant screening plants. The wall shall be
designed, following the recommendations of an acoustical
engineer, to address potential reflective sound affecting
property across the street, to sound levels determined
acceptable in the City's general plan. Design shall be to
the approval of the Community Development Director or
Architectural Review Commission.
Addressing:
23. An addressing plan, including names for the private streets,
shall be submitted for approval by the Community Development
Director.
On motion of . Council Member Settle
i
seconded by Council Member Roalman , and on
the following roll call vote:
AYES: Council Members Settle, Roalman, and Romero
NOES: Mayor Pinard
ABSENT: Council Member Rappa
the foregoing resolution was passed and adopted this 25th day
of May, 1993.
�%' 2e► , A AA ,l
ATTEST:
Mayor P.e Pinard
("it}( Clekk Diane R. Gladwell
By: +Kim Condon, Assistant City Clerk
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Resolution No. 8173 (1993 Series)
Tract 2132
Page 7
APPROVED:
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