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HomeMy WebLinkAbout8504-8522RESOLUTION NO. 8522 (1996 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL AND UPHOLDING THE DECISION OF THE CHIEF OF POLICE TO DENY A TAXI DRIVER'S PERMIT BE IT RESOLVED by the'City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The Council after consideration of the appellants's statement, the determination of the Chief of Police, staff recommendations and reports thereon, makes the following findings: William Charry failed to disclose the full extent of his arrest record on his taxi driver's permit application. 2. William Charry has been convicted for being under the influence of a controlled substance and was untruthful regarding such use during his appeal of Captain Chelquist's decision to deny his taxi driver's permit application. 3. Despite assurances to the contrary, based on William Chary's lack of candor in multiple conversations and his possible racidivism, he cannot be trusted to refrain from similar activities in the future. SECTION 2. Action. The appeal of the decision of the Chief of Police to deny a taxi driver's permit to William Charry is hereby denied. Upon motion of Council Member Romero and on the following roll call vote: seconded by Council Member Williams AYES: Council Members Romero, Williams, Mayor Settle NOES: Council Members Roalman, Smith ABSENT: None the foregoing resolution was adopted this 2 day of April , 1996. ATTEST: CLERK KIM CONDON ��i MA$ OR ALLEN K. SETTLE R8522 Resolution No. 8522 (1996) Page 2 APPROVED AS TO FORM: • r ° FF JORGENSEN f CfL 0 RESOLUTION NO. 8521 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF'SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP, FROM RECREATION TO MEDIUM- HIGH - DENSITY RESIDENTIAL, FORA 8,450- SQUARE -FOOT PORTION OF A LOT ON THE SOUTH SIDE OF LOS OSOS VALLEY ROAD (GP 161 -95) WHEREAS, the Planning Commission and the City Council have held public hearings in accordance with the California Government Code and Municipal Code Chapter 17.62 to consider amending the Land Use Element from Recreation to Medium- High - Density Residential for a 8,450- square foot portion of a lot owned by the Congregational Church (GP 161.95); and WHEREAS, the potential environmental impacts of the proposed General Plan amendment (GP 161.95) have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines in initial study ER 161 -95; as follows: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo SECTION 1. Findings. That this council, after consideration of public testimony, the general plan amendment request GP 161 -95, the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings.. The map amendment is consistent with the General Plan, and specifically with policies for residential areas in the Land Use Element. 2. An initial study of environmental impacts was prepared by the Community Development Department on February 8, 1996, that describes environmental impacts associated with the map change. The Community Development.Director, on February 8, 1996, reviewed the environmental initial study and granted a Negative Declaration of environmental impact. The initial study concludes that the project will not have a significant adverse impact on the environment, and the City Council hereby adopts the Negative Declaration R8521 Resolution no. 8521 (1996 Series) GP 161 -95 11245 Los Osos Valley Road Page 2 and finds that the Negative Declaration reflects the independent judgement of the City Council. SECTION 2. Approval. The general plan amendment GP 161 -95, as shown on exhibit A, attached, is hereby approved. Council Member Williams Council Member Smith On motion of _ _seconded by , and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero, Mayor Settle NOES: None ABSENT: None the foregoing resolution as passed and adopted this 2 day of _April , 1996. Mayor Allen K. Settle ATTEST: APPROVED: City An6rney by Asst. City Clerk Kim Condon C off. 8520 RESOLUTION NO. (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE LAND USE AND OPEN SPACE ELEMENTS OF THE GENERAL PLAN TO ENABLE WIRELESS TELECOMMUNICATION FACILITIES TO LOCATE INSIDE AN EXISTING THREE -ACRE LEASEHOLD ON TOP OF SOUTH STREET HILLS (GP /R 105 -95) WHEREAS, the Planning Commission and the City Council have held public hearings in accordance with the California Government.Code and Municipal Code Chapter 17.62 to consider amending the text of the Land Use and Open Space Elements of the General Plan to enable wireless telecommunication facilities to locate inside an existing three -acre leasehold on top of South Street Hills (GP 105 -95); and WHEREAS, the potential environmental impacts of the proposed General Plan amendment (GP/R 105 -95) have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines in initial study ER 43 -95; NOW, THEREFORE, 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 proposed text amendment GP/R 105 -95 as set forth in Exhibit A and the Planning Commission's recommendations; staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The proposed amendments will not have significant adverse environmental impacts provided the mitigation measures recommended in the initial study (ER 43 -95), and outlined in Exhibit B, are incorporated into future projects involving installation of new radio facilities on the South Street Hills site. 2. Amendments as outlined in Exhibit A to the Land Use and Open Space Elements are reasonably necessary to accommodate local wireless telecommunication services. 1 R8520 Res. 8520 (1996 Series) Page 2. SECTION 2. Environmental Determination. The Council finds that the project's initial study and mitigated Negative Declaration, ER 43 -95, hereby incorporated into this resolution by reference, adequately address the potential significant environmental impacts of the proposed text amendment to the Land Use and Open Space Elements, and reflect the independent judgement of the City Council. The Council hereby adopts said Negative Declaration with incorporation of all mitigation measures outlined in Exhibit B into projects enabled by this General Plan amendment. SECTION 3. Approval. The request for approval of General Plan amendment GP /R 105 -95 is hereby approved. On motion of Council .Member Romero seconded by Council Member Smith and on the following roll call vote: AYES: Council Members Romero, Smith, Roalman, Williams, Mayor Settle NOES: None ABSENT: None the foregoing resolution was passed and adopted this ? day of April _ _ _ , 1996. E Res. 8520 (1996 Series) ATTEST: Clerk , by Asst. City Clerk Kim Condon APPROVED: [J�/ I ii O -<557,, or Allen K: frttle GP 105 -95 ER 43 -95 EXHIBIT A Open Space Element Policy II.A.2.C.1.: (page 14) Within the city limits require... public or private development to: Locate structures, accessory structures, paving, and grading at the base of a hill or mountain (generally the area below 20 percent slope) unless: (A) no practicable alternative is available, (B) the location on a greater slope or at a greater elevation provides more aesthetic quality, or (C) the location is necessary to protect the public health and safe prayFdet;for;;teI anr;se;Eemenf. Open Space Element Policy II.J.1.C.1.: (page 74) Require public or private development to protect scenic resources by: Prohibiting structures along ridgelines, steep slopes, or in other highly visible locations unless no practical alternative is available otheRVise prnyided f ©r. r the Land. Xse Eleme t; or such a location is necessary to protect public health and safety. Land Use Element Policy 6.2.2 Development Standards: (Page 65) Development -- including buildings, driveways, fences, and graded yard areas -- on hilltop parcels shall: A. Be entirely within the urban reserve line or development limit line, whichever is more restrictive (though parcel boundaries may extend beyond these lines when necessary to meet minimum parcel-size standards uriSess <'(zwz''outsefi e P �..:::,:::.-:.......::::::::.:::::.::::::: :::..::.:::.:::::::::::: ::::::: urban. rese tnes.r €ecessary tn..protect.publse 1�eaI# arisT safes ai as pxnvided n:xubprapit I beov�; B. Keep a low profile and conform to the natural slopes; GP 105 -95 ER 43 -95 EXHIBIT A continued C. Avoid large, continuous walls or roof surfaces, or prominent foundation walls, poles, or columns; D. Minimize grading of roads; E. Minimize grading on individual lo ts;. generally, locate houses close to the street; minimize, the grading of "visible driveway's; F. Include planting which is compatible with native hillside vegetation and which provides avisual transition from developed to open areas; G. Use materials; colors, and textures which blend with the natural landscape and avoid high contrasts; H. Minimize exterior lighting. GP 105 -95 ER 43 -95 EXMBIT B MITIGATION SUMMARY: 1. General Plan amendment language shall include policies to ensure new radio facilities are restricted to locations where such facilities already exist and provide for use permit and architectural review. 2. To ensure that the access road. remains passable, any use permit approved for new radio operators or facilities on the South Street Hills site shall stipulate road maintenance responsibilities. 3. To ensure that new radio facilities do not interfere with existing on -site radio facilities, any application for such a new facility shall include an analysis prepared by an independent, qualified, radio engineer that analyzes all proposed and existing equipment and radio frequencies and the resulting potential for radio interference. The selection of the consultant preparing the study shall be approved by the City. If the analysis concludes there is a potential for interference, the report shall recommend methods to reduce or eliminate possible interference, including alternative siting options. If the project is approved, the use permit shall assign responsibility for testing and implementing such methods that demonstrate there will be no radio frequency interference with existing on -site radio facilities prior -to the use commencing. 4. Any use permit approving new radio facilities at the South Street Hills site shall stipulate an action plan for correcting radio interference that occurs subsequent to installation of such new facilities. 5. Any use permit approving new radio facilities at the South Street Hills site shall be subject to revocation in the event such facilities result in radio interference with municipal radio operations necessary for field work and emergency response coordination. 6. To be sure new construction avoids damage to sensitive plant species, further biological evaluation shall be performed as part of any use permit for development on the site. GP 105 =95 ER 43 -95 EXHIBIT B continued 7. In conjunction with any City approval for new radio facilities on the South Street Hills site, a radio frequency radiation hazard management program shall be developed to the satisfaction of the Fire Chief, and shall include a baseline radio frequency field measurement prior to construction, regular measurements thereafter in and around such facility, and posting measurement results. in a place visible to anyone visiting the site. 8. No use permit shall be approved fora new facility when such new facility will result in levels of radio frequency radiation that exceed American National Standards Institute safety standards for the general public. 9. Radio facilities, including cellular base stations, proposed for the South Street Hills site shall be subject to review and approval by the Architectural Review Commission with the objective of minimizing visual impacts consistent with hillside development standards outlined in the Land Use and Open Space Elements. 10. Facilities shall be designed to enable collocation with other similar facilities. 11. Any application for architectural review of a new radio facility shall include an independent visual analysis of the site. The analysis shall provide visual exhibits for use in public hearings that depict a realistic interpretation of the project superimposed on the backdrop of the site, as it can be seen from throughout the city. Visual exhibits shall be subject to the approval of the Community Development Director. The analysis shall provide alternative design solutions, such as undergrounding support buildings, collocation, and alternative siting options for the ARC'S consideration. e -tVs. o 0 W- Resolution 8519 Not Used RESOLUTION NO. 8518 (1996 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SUBMITTAL OF NATIONAL REGISTER APPLICATIONS FOR THE BOWDEN LA LOMA, RODRIGUEZ AND CANET ADOBES, LOCATED AT 1490 LIZZIE STREET, 466 DANA STREET AND 4025 ORCUTT ROAD. WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the "Master List of Historic Resources ", along with eligibility criteria and procedures for adding properties to the listing; and WHEREAS, the Bowden - La Loma, Rodriguez and Canet Adobes, located at 1490 Lizzie Street, 466 Dana Street and 4025 Orcutt Road, have been determined by the City Council to meet historic designation criteria and are listed on the City's Master List of Historic Resources; and WHEREAS, the Cultural Heritage Committee has determined that the subject properties are "potentially eligible for the National Register of Historic Places" and has initiated the preparation of applications to qualify for such listing; and WHEREAS, it is the desire of the San Luis Obispo City Council, the Cultural Heritage Committee, and the Community to recognize the Bowden - La Loma, Rodriguez and Canet Adobes as important cultural and historic resources by their inclusion on the National Register of Historic Places, administered by the State Office of Historic Preservation and the National Park Service, Department of the Interior; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Cultural Heritage Committee is authorized to submit National Register applications for the Bowden - La Loma, Rodriguez and Canet Adobes to the California Office of Historic Preservation for consideration and action. R8518 Council Resolution No. 8518 (1996 Series) Page 2 y, SECTION 2. The Cultural Heritage Committee is authorized to act on the City's behalf in processing the National Register applications. On motion of Council Member 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 fwwas s sed and adopted this 2nd day of April, 1996. Mayor Allen Settle ATTEST: Assistant City Clerk APPROVED: Jeff Jorgensen, City Attorney WL,.qx L. �J RESOLUTION NO. 8517 (1996 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESTATING THE MAYOR AND COUNCILMEMBER COMPENSATION PLAN AND RESCINDING PREVIOUS RESOLUTION NO. 6587 IN CONFLICT WHEREAS, it is the practice of cities to compensate and reimburse for business expenses their Mayors and Councilmembers for official duties; and, WHEREAS, Charter Section 410 provides for compensation and reimbursement of expenses for the Mayor and Councilmembers and establishes a procedure for a biannual review by a five- member Council Compensation Committee; and, WHEREAS, a five - member Council Compensation Committee was appointed and has met and reviewed Mayor and Councilmember compensation in accordance with the procedure provided by the Charter; and, WHEREAS, the Council Compensation has determined that the present criteria for and levels of compensation remain valid; NOW THEREFORE, BE IT 'RESOLVED by the Council of the City of San Luis Obispo that Council compensation be established as recommended by the Council Compensation Committee as follows: SECTION 1. BASIC COMPENSATION Effective January 1, 1997, the basic compensation for services rendered in an official capacity shall be provided.as follows: , A. Councilmember. $800. monthly B. Mayor. $1,000. monthly SECTION 2. OTHER BENEFITS: RETIREMENT AND HEALTH INSURANCE The Mayor and Councilmembers shall be entitled to City- funded participation in P.E.R.S. retirement. The City shall contribute $415 toward the Mayor and Councilmembers participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall hot be distributed to the Mayor and Councilmembers in cash. SECTION 3. PROFESSIONAL DEVELOPMENT' AND EDUCATION Allowances shall be budgeted for the Mayor and each Councilmember as follows: R8517 C- Resolution No. 8517 (1996 Series) Page 2 A. Professional Development. For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out-of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines. Annual Allowance: Council member $1500 Mayor $1800 B. League of California Cities Conference. For the cost of participating in the Annual Conference of the League of California Cities.. The City shall also reimburse the following_ costs for .spousal participation, which is encouraged:_. ■ Double room instead of single room:. ■ Spousal registration fees to attend Conference seminars (this does not include reimbursement for recreational activities that may be offered by the League during meeting activities). ■ Travel expenses only if a bus, train, or plane must be used rather than a city vehicle. (See adopted City Travel Guidelines for approved uses.) If the public official Uses his /her personal vehicle, travel reimbursement shall be provided only the employee. ® Meals that spouses are expected to attend as part of directly- related Conference activities will be reimbursed at the same per diem as the public official. C. Start-uo Allowance. An additional professional development allowance up to $1,000 shall be budgeted to each new Mayor and Councilmember to help accelerate his /her comprehension of municipal and legislative operations during the first 12 months following the taking of office. SECTION 4. CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Councilmemb_ er as follows: A. City - Business. For costs incurred in connection with official city business. Said "allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. o Resolution No. 8517 (1996 Series) Pagel Quarterly Expense Allowance Councilmember $300 Mayor $450 B. Mileage: For official travel within the County of San Luis Obispo, reimbursement shall be made upon . submittal of an official mileage expense form: Quarterly Mileage Allowance Councilmember $300 Mayor $450 SECTION 5. GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Councilmember is expected to plan business. activities so as to stay within his /her budget. When. exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. A. Accountina. An account shall be established in the name of each Councilmember with all expenditures charged to the individual Councilmember or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 4. above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available for review in the City Clerk's Office and the Mayor and Councilmembers shall receive quarterly statements. B. Reimbursement Limitation. The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials, and telephone usage. C. Special expenses. For occasions when the Mayor and /or a Councilmember is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel expense Account. 0 to Resolution No. 8517 (1996 Series) Page .4 D. Honorarium. if the Mayor or a Councilmember receives an honorarium as a result of his /her participation in a meeting or conference, the amount of the honorarium shall be deducted from the amount normally provided by the City for that meeting or conference if the City paid for the Council member's attendance at such meeting or conference. E. Other Guidelines: Any other travel - related issue not specifically governed in this resolution shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. SECTION 6. COUNCIL COMPENSATION COMMITTEE A five - member review committee shall be appointed by January 1 in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council within 90 days, or no later that April 1st. A. Membership. The. committee membership ,sha.11 have as broad a representation as possible, including but not limited to one previously elected official, one Personnel board member, and one citizen -at- large. B. Review Responsibility. The committee shall review the full Council compensation package including salary, benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should include, but shalt not be limited to: 1) compensation of Council and Mayors of cities of similar population /budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and 5) any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate which may have added to or deducted from the duties and responsibilities of the Councilmembers and /or Mayor. On motion of Council Mbr. will inige,co nd ed by Council Member Smith and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero, Mayor Settle NOES: None . ABSENT: None Resolution No. 8517 (1996 Series) Page 5 the foregoing Resolution was passed and adopted this 2 day of April 1996. Mayor Allen Settle ATTEST: ting Clerk Kim Condon APPROVED AS TO FORM: s,z;«<ae 0�11 L� - PW RESOLUTION NO. 8516(1996 Series) A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO` APPROVING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO THE BICYCLE TRANSPORTATION PLAN WHEREAS, the City Council adopted the 1993 Bicycle Transportation Plan which identifies access to and through the downtown from the south end of town as a future . study item, and WHEREAS, on March 30, 1995 and again on June 22, 1995 the Bicycle Committee reviewed options for providing access through and into the downtown, and WHEREAS, the Community Development Department has determined that the proposed amendment will not have a significant effect on the environment and has granted a negative declaration. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo as follows: - Section 1. Amend the 1993 Bicycle Transportation. Plan (Figure //1) to show a Class 1 bicycle path between Santa Barbara Street at the Santa Barbara/Morro /Upham intersection and the south end of the Railroad Square parking, as shown on attached Exhibit A. incorporated by reference. Section 2. The City Council hereby approves a Negative Declaration of Environmental Impacts associated this amendment to the Bicycle Transportation Plan. Section 3. The Public Works Department shall make available to die public the amended Bicycle Transportation Plan and shall distribute copies to appropriate members of City government, to the California Department of Transportation, and other appropriate agencies and local libraries. Upon motion of � Council Member. Williams seconded by Council Member Romero and on the following roll call vote: t t R -8516 Resolution No. 8516 (1996 Series) Page 2 AYES: Council Member Williams, Romero, Smith, Roalman, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 19 day of March 1996. AN All Settle V G RESOLUTION NO. 8515 (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 8493(1996 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 Romero . and seconded by Council Member smith - —,and on the following role call vote: AYES: Council Members Roalman, Romero, Smith, Williams, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 1 day of March, 1996 Mayor Allen Settle by Asst. City Clerk Kim Condon APPROVED AS TO FORM AND CONTENT: Q- Jeff ensen, City Attorney R -8515 �' �' � C� .�= r ~ V ° v cd O 3 :�, > o � Q O as • U C. . C N ono cz Co C/I to= Q vi > C h 0 •o n Cd cn ccl N :z ° >o co.` �`da) ti T fA W O° l T c0 S a o a o a E- CCO a p3 0 C COD Q ,�30 C's 14 CLO. E�� �1 V1 i 00 a i� ° .4 = O h T T >•Ow A cz co 3 Co = to v �ca��C� �TC-4Ocd0 i. GQ Yd O b UC),,, C ONO�Ca.p o > °o . ow z C'sa+ T > cC .� CM c'�O 0 .. � b o� CA MC`'.a�. Fa. Heic3°�° cd v v III R U. 'b W co o❑va U c3 cCd O Cd O cs y'U .= O � c a a C cz � V C a .0 •o .:3 •p d0 q) 6 CO l d? 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CO \ 32 � k N e co e. e \ /\\ .c /\ \k a $0C) / &. ° ar.� c cd > Cd /= ) / ƒC et# ®q �z O/ tom$ ° \> JN 444 \ ] \ z \� \ �(co a� . . .. a R 2 � 0 �z 0< _ /U)/ Cc u e� ±R D / / $ O00 R CL Cc: E� (n O q0 C/ u 2 e « \% /// kJ % /.3 0 U) 2 0 » � z « I e C'.5L%s I� V RESOLUTION NO. 8514 (1996 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THAT THE PROPERTY AT 663 CHURCH STREET CONSTITUTES A PUBLIC NUISANCE, AND ORDERS ABATEMENT OF SAME WHEREAS, the Council of the City of San Luis Obispo held a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California and determined a public nuisance exists upon certain premises situated in .said City known and designated as 663 Church Street and, more particularly described as Lot 8, Block 124, Murray and Church's addition, and shown as Assessor's Parcel No. 003- 641 -003 in the County of San Luis Obispo, and WHEREAS, the nuisance consists of the following: boxes, debris, wood, cut vegetation, and any other combustible material deemed a hazard by the authority having jurisdiction. NOW, THEREFORE BE rr RESOLVED, the Council finds upon the evidence presented at the hearing that a public nuisance exits, and if the same is not promptly abated by the owner of said premises, within 30 days from this date, said nuisance may be abated by municipal authorities by removal or other appropriate action, the cost of which will constitute a lien upon such premises until paid. Upon motion of Council Member Romero ,seconded by Council Member Williams and on the following roll call vote: AYES: Council Members Romero, Williams, Roalman, Smith, and Mayor Settle NOES: None ABSENT: None R -8514 n Resolution No. 8514 (lyy6 Series) Page 2 the foregoing resolution was adopted this 5 day of March , 1996. Mayor Allen Settle ATTEST: i ler b Assistant City Clerk Kim APPROVED: ��� • C u RESOLUTION NO. 8513(1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1996, A PROPOSED CHARTER AMENDMENT WHICH WOULD ADD SECTION 909 TO ARTICLE IX RELATIVE TO THE USE OF THE WATER SUPPLY "RELIABILITY RESERVE" WHEREAS, the City Council adopted the concept of a "reliability reserve" which is intended to maintain adequate City water supplies for City residents during unpredictable changes such as a new worst case drought, loss of one of the City's water sources, contamination of a water source, or failure of a new water source to provide projected yield; and WHEREAS, the City Council amended the Water and Wastewater Element of the General Plan on March 3, 1993 (Resolution No. 8135) which established the objective of acquiring an additional 2,000 acre -feet of water as a reliability reserve; and WHEREAS, the City Council adopted the Urban Water Management Plan on November 15, 1994 which established the objective of acquiring an additional 2,000 acre -feet of water as a reliability reserve; and WHEREAS, the City Council upon adoption of the Urban Water Management Plan directed staff to place a ballot measure on the November 1996 election to amend the City Charter to include a policy relative to the use of the reliability reserve. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is hereby ordered to be submitted to the voters at the General - Municipal Election to be held on Tuesday, November 5, 1996, for the purpose of voting upon a proposed Charter amendment as hereinafter set forth. 2. The proposed Charter amendment would add a policy relative to the allowed use of the,reliability reserve. 3. Said proposed Charter amendment amends Charter Article IX, adding "Section 909. Use of Reliability Reserve ", to read as follows: As identified in the Water Management Element of the General Plan, the City shall strive to acquire additional water supplies as a "reliability reserve" to protect the City from future water shortages. Once the City has acquired a portion or all of the reliability reserve, the additional water supply shall only be used to meet City needs during unpredictable changes such as a new worst case drought, loss of one of the City's water sources, contamination of a source, or failure of a new source to provide projected yield, and not to allow additional development. R -8513 Resolution No. 8513 (1996 _:ies) Page 2 4. The ballot format for the proposal to amend Article IX, adding "Section 909. Use of Reliability Reserve" shall be substantially as follows: CITY MEASURE I Shall City Charter Article IX be amended to add "Section 909. Use of Reliability Reserve" om NO 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "YES" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. 7. This Resolution shall take effect upon its adoption. Upon motion of C.M. Smith , seconded by C.M. 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 5 day of March 1996. Mayor Allen Settle I:1 Kim Condon, Asst. City Clerk Approved: City Administrative Officer <)1411 X�z V-4419AXA- i tto ey C C RESOLUTION NO. 8512 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 51 1996, A PROPOSED CHARTER AMENDMENT WHICH WOULD AMEND CHARTER SECTION 901(A) CONCERNING PUBLIC WORKS TO BE DONE BY CONTRACT WHEREAS, current Charter Section 901(A).makes a reference to Government Code Section 37902; and WHEREAS, Government Code Section 37902 has been replaced and superseded by Public Contract Code Section 20162; and WHEREAS, it .is advisable to amend Charter Section 901(A) to refer to the appropriate state regulation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is hereby ordered to be submitted to the voters at the General - Municipal Election to be held on Tuesday, November 5, 1996, for the purpose of voting upon a proposed Charter Amendment as hereinafter set forth. 2. The proposed Charter amendment would amend Charter Section 901(A) concerning Public works to be done by, contract, to refer to the Public Contracts Code. 3. Said proposed Charter amendment amends Charter Section 901(A) to read as follows: "SECTION 901. Public Works To Be Done By Contract. (A) Except as provided in subsection (D) of this section, every project involving an expenditure of City monies of more than the amount specified in Section tt 6 of the Gevernmesrc Code of the State of "'California, as the same now 'exsts "or may hereafter be amended for the construction or improvement of public buildings, works, .drains, sewers, utilities, parks, playgrounds, and streets (exclusive of, projects for resurfacing, maintenance, and repair of streets) shall be let by contract to the lowest responsible bidder after notice by publication in the official newspaper by one or more insertions the first of which shall be at least ten (10) calendar days before the time for opening bids." R -8512 O O Resolution No. 8512 (1996 Series) Page Two 4. The ballot format for the proposal to amend Section 901(A) shall be substantially as follows: 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. 7. This Resolution shall take effect upon its adoption. Upon motion of C.M. Williams , seconded by C.M. 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 adopted this 5 day of March , 1996. Mayor Allen Settle by Kim Condon, Asst. City Clerk Resolution No.85.12 (1996 Series) Page Three APPROVED: �� RESOLUTION NO. 8511 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 51 1996, . A PROPOSED CHARTER AMENDMENT WHICH WOULD DELETE CHARTER SECTION 807 CONCERNING PROPERTY. TAXES WHEREAS, in 1978 California .Constitution Article XIIIA, commonly-known as Proposition 13, was adopted by the voters; and WHEREAS, Proposition 13 limited the manner in which ad valorem property taxes may be imposed and superseded any local assessment .method to the contrary; and WHEREAS, Charter Section 807 has been rendered inoperative by the provisions of Proposition 13.. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter- amendment is hereby ordered to be submitted to the voters at the General- Municipal Election to be held on Tuesday, November 5, 1996, for the purpose of voting upon a proposed Charter Amendment as hereinafter set forth. 2. The proposed Charter amendment would delete. Charter Section 807 concerning property taxes because of the superseding provisions of Proposition 13. 3. Said proposed Charter amendment deletes Charter Section 867 as follows: R -8511 Resolution No. 8511 Page Two (1996 Series) prepet-ty —tames €er eunlelpal urpeses are levied and eel- leeted, as - additlenal taifes, If ne ether €e-- the - payment- tkeree= is made-r erty fee- prieelpal and interest - a €gall bends or judgments 4. The ballot format for the proposal to amend Section 807 shall be substantially as follows: CITY MEASURE G Shall City Charter Section 807 YES concerning property taxes be - -- - - - - -- deleted? NO 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. o , Resolution No.8511(1996 Series) Page Three 7. This Resolution shall take effect upon its adoption. Upon motion of C.M. Williams ; seconded by C.M. 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 adopted this 5 day of March ; 1996. Mayor Allen Settle ATTEST: 0 Kim Condon, Asst. City Clerk APPROVED: y *` � O �; o 0 RESOLUTION N0. 8510 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL 'ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1996, A PROPOSED CHARTER AMENDMENT WHICH WOULD AMEND CHARTER SECTION 709 TO ALLOW THE COUNCIL TO ADOPT A PERSONNEL POLICY BY ORDINANCE OR RESOLUTION WHEREAS, current. Charter Section 709. requires the City Council to adopt a Personnel Policy by ordinance; and WHEREAS, ongoing changes to Federal and State law with respect to personnel matters, and employee negotiations, require frequent amendment to the City's Personnel Policy; and WHEREAS, the requirement that changes to the City's Personnel Policy be done only by ordinance creates an unnecessary and time consuming procedural burden; and WHEREAS, it would be more efficient to allow the Council to adopt a Personnel Policy by ordinance or resolution. NOW, THEREFORE, BE IT RESOLVED by -the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is hereby ordered to be submitted to the voters at the General - Municipal Election to be held on Tuesday, November 5, 1996, for the purpose of voting upon a proposed Charter Amendment as hereinafter set forth. 2. The proposed Charter amendment would amend Charter Section 709 to allow the Council to adopt a Personnel Policy by ordinance or resolution. 3. Said proposed Charter amendment amends Charter Section 709 to read as follows: °SECTION 709.' Employment Policy.. The Cite Council shall adopt„ a Personnel Policy wee,y odxxlari0 t�eSOt�ni. prescribing hiring, discharge ariiiper`fo "rmance standaras for Council appointees, department heads, and other appointive officials. No official appointed by the City Council shall be terminated within the three (3) months following a municipal election. No official subject to appointment R -8510 Resolution No.8510 (1996 Series) Page Two by the City Administrative Officer shall be terminated within the three (3) months immediately following the appointment of a new City Administrative Officer. Any notice of termination, transfer, or demotion shall state the effective date of the action and a copy shall be filed with the Personnel Department." 4. The ballot format for the proposal to amend Section 709 shall be substantially as follows: CITY MEASURE F Shall City Charter Section 709 be YES amended to allow the Council to adopt - - --- -- a Personnel Policy by ordinance or NO resolution? 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. 7. This Resolution shall take effect upon its adoption. Upon motion of C.M. Williams , seconded by C.M. 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 adopted this 5 day of March , 1996. i Mayor Allen Settle ATTEST: City/Cldr]t_ by /Rim Condon, Asst. City Clerk L1 Resolution N0.8510 (1996 Series) Page Three APPROVED: I� �ti � h yi,� i ➢�� 1 RESOLUTION N0. 8509 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1996, A PROPOSED CHARTER AMENDMENT WHICH WOULD AMEND CHARTER SECTION 410 CONCERNING THE TIME OF PAYMENT OF COUNCIL COMPENSATION WHEREAS, current Charter Section 410 provides that the Mayor and Councilmembers shall be paid monthly; and WHEREAS, all other officials and employees of the City are paid on a b- weekly basis; and WHEREAS, creation of a separate payroll schedule solely for the Mayor and Councilmembers would create unnecessary expense and administrative procedure; and WHEREAS, it is appropriate to conform the.time of payment of Council compensation to the regular City payroll schedule. NOW, THEREFORE, BE_IT RESOLVED by the.Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is .hereby ordered to be submitted to the voters at the General- Municipal Election to be held on Tuesday, November 5, 1996, for the purpose of voting upon a proposed Charter Amendment as hereinafter set forth. 2. The proposed Charter amendment would amend Charter Section 410 concerning the time of payment of Council compensation to conform to the regular City payroll schedule. 3. Said proposed Charter amendment amends Charter Section 410 to read as follows: "SECTION 410. Compensation. The Mayor- and each Councilmember shall receive compensation for services payable menthly accgrdn t g` the r'oruar Cityiayroll schdtTle, with 'ttie Mayor ,...,... receiving greater compensatidii than the other Councilmembers. Compensation for Mayor and Councilmembers shall be reviewed biennially in even- numbered years. When warranted, said compensation may be adjusted by Council resolution, to be effective January 1st of the year following the review. The compensation rate may be revised by the electorate by initiative. R =8509 Resolution No. 8509(1996 Series) Page Two Mayor and Councilmember expenses incurred for official business shall be reimbursed." 4. The ballot format for the proposal to amend Section 410 shall be substantially as follows: CITY MEASURE Shall City Charter Section 410 YES concerning the time of "payment of ----- - - - - -- Council Compensation be amended to NO conform with the regular City payroll schedule? 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. 7. This Resolution shall take effect upon its adoption. Upon motion of C.M. Williams , seconded by C.M. 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 adopted this 1996. T6 Mayor Allen`Settle ATTEST: Cio Clerk b Kim Conk- Asst. City Clerk 5 day of March I Resolution No -8509 (1996 Series) Page Three APPROVED: Fol� 1 'j ,10 U lJ RESOLUTION NO. 8508 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5 1996, A PROPOSED CHARTER AMENDMENT WHICH WOULD .AMEND CHARTER SECTION 407 CONCERNING THE POWERS AND DUTIES OF THE MAYOR DURING AN EMERGENCY WHEREAS, current Charter Section 407 provides that the Mayor shall be recognized by the Governor as the official head of the City for "military" purposes, and that the Mayor shall take command of the public forces, maintain order, and enforce laws in time of public danger or calamity; and WHEREAS, the above provisions are outdated because they conflict with a comprehensive plan for emergency services adopted by the State, and implemented by the City in Chapter 2.24 of the Municipal Code; and WHEREAS, Chapter 2..24 of the Municipal Code provides that the Mayor shall be Chairperson of the Disaster Council during an emergency;.and WHEREAS, it is appropriate to amend the Charter to accurately reflect the powers and duties of the Mayor during an emergency, in conformance with Municipal Code Chapter 2.24. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is hereby ordered to be submitted to the voters at the General - Municipal Election to be held on Tuesday, November 5, 1996, . for the purpose of voting upon a proposed Charter Amendment as hereinafter set.forth. 2'. The proposed Charter amendment would amend Section 407 concerning the powers and duties of the Mayor during an emergency, to bring them into conformance with Municipal Code Chapter 2.24. 3. Said proposed Charter amendment amends Charter Section 407 to read as follows: "SECTION 407. Mayor - Powers and Duties.. The Mayor shall preside at all meetings of the city Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote R -8508 Resolution No. 8508 Page Two (1996 Series) when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the Administrative Officer in matters of policy. The Mayor shall present an annual work program to the Council for its consideration at the first meeting in May. The Mayor shall have the responsibility for forwarding the work program approved by the Council. The Mayor shall be recognized as the official head of the City for all ceremonial purposes and by- he perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter." 4. The ballot.format for the proposal to amend Section 407 shall be substantially as follows: CITY MEASURE D Shall City Charter Section 407 concerning the powers and duties of YES' Mayor during an emergency be amended - - - - -- to bring them into conformance with NO Municipal Code Chapter 2.24? 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. 7. This Resolution shall take effect upon its adoption. Resoluton No. 8508 (1996 Series) Page Three Upon motion of C.M. Wi l l i'amG . seconded by c M cmyth , and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 5 day of March , 1996. J Mayor Allen Settle b}( Kim Condon, Asst. City Clerk .RESOLUTION NO. 8507 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO.BE HELD ON TUESDAY, NOVEMBER 51 1996, A PROPOSED CHARTER AMENDMENT WHICH WOULD DELETE CHARTER SECTION 404 (C) EXTENDING COUNCILMEMBER TERMS OF OFFICE WHEREAS, in 1991 the City Council amended Charter Section 404 to extend the terms of Councilmembers then in office because the General Municipal Election was moved to the first Tuesday after the first Monday in November of each even - numbered year; and WHEREAS, the terms of office of all Councilmembers affected by Charter Section 404(C) have expired, and therefore there is no further need for these provisions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is hereby ordered to be submitted to the voters at the General- Municipal Election to be held on Tuesday, November 5, 1996, for the purpose of voting upon a proposed Charter Amendment as hereinafter set forth. 2. The proposed Charter amendment would delete Charter Section 404(C) extending Councilmember terms of office. 3. Said proposed Charter amendment amends Charter Section 404 to read as follows "SECTION 404. Terms of Office. (A) The term of the Mayor shall be two years, and the terms of the Councilmembers shall be four years. (B) Terms shall commence on the first day of December at twelve o'clock noon following the election and each shall serve until a successor is elected or appointed and qualified. Ties in voting shall be settled by the casting of lots. Any ethe :is In this Eharter —te the R -8507 C C� Resolution No. 8507 (1996 Series) Page Two 2g The terms of of €lee of the Geunallraembers eeeeted—at the Nevember -7, 1989 geeeFai munielpal eleetlen shall be emtended €r-em €eu* years until —a sueeesser is 'mil eted ___ appointed and q ^l f-le frell_____ the November 8, 9:994 general munieipal eleetlen,-- 3. The- ,agpremimete twelve m_: `': erleds =€ = rW r �- ektemsiee –set €eFth in subseetiens (I) and (2) e € mss eeetien —shall net — be— e9unted in determining the disability to serve set €erth in Seetlen 495 of this Ghaiater T11 4. The ballot format for the proposal to amend Section 404(C) shall be substantially as follows: CITY MEASURE C YES Shall City Charter Section 404(C) ----- - - - - -- extending Councilmember terms of NO office be deleted ?' 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. 7. This Resolution shall take effect upon its adoption. Upon motion of C.M. Williams , seconded by C.M. 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 adopted this 9 day of March 1996. Mayo Allen Settle ATTEST: ty Clerk b ,y Kim Condon, Asst. City Clerk Resolution No. .j07 (1996 Series) Page Three APPROVED: IS i / �� , o �� a ��, �. ,� r ,, i1 ter.:. 1,�,: N RESOLUTION NO. 8506 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5 1996, A PROPOSED CHARTER AMENDMENT WHICH WOULD AMEND CHARTER SECTION 109 TO DELETE REFERENCE TO THE "CITY JAIL" WHEREAS, Charter Section sentenced to imprisonment for a imprisoned in the City jail; and 109 provides that any person violation of the Charter may be WHEREAS, the City no longer has a City jail, but rather uses the County jail; and WHEREAS, reference to the City jail in the Charter is no longer appropriate. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is hereby ordered to be submitted to the voters at the General- Municipal Election to be held on Tuesday, November 5, 1996, .for the purpose of voting upon a proposed Charter Amendment as hereinafter set forth. 2. The proposed Charter amendment would amend Charter Section 109 to delete reference to the "City Jail." 3. Said proposed Charter amendment.amends Charter Section 109 to read as follows: "SECTION 109. Violation of Charter. The violation of any provision of this Charter shall be deemed a misdemeanor, and may be prosecuted by the authorities of the.City in the name of the people of the State of California, or may be redressed by civil action, at the option of said authorities. The maximum penalty upon conviction for the violation of any provision of this Charter shall be a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding one (1) year or both such fine and imprisonment. Any person sentenced to imprisonment for the violation of a provision of this Charter may be imprisoned 1_1.e E }ty jailor in the County jail of the county in which the City of San Luis Obispo is situated. The City Administrative Officer shall be responsible for the enforcement of the provisions of the Charter." R -8506 Resolution No. 8506 Page Two (1996 Series) 4. The ballot format for the proposal to amend Section 109 shall be substantially as follows: CITY MEASURE YES Shall City Charter Section 109 be - - - - -- amended to delete reference to the: NO City jail ?. 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. 7. This Resolution shall take effect upon its adoption. Upon motion of C.M. Williams , seconded by C.M. 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 adopted this 5 day of March , 1996. Mayor Allen Settle TTES . C' y •C erk by Kim Condon, Asst. City Clerk 8 EFRO � M lam' RESOLUTION NO. 8505 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 19961 A PROPOSED CHARTER AMENDMENT WHICH WOULD AMEND CHARTER SECTION 406 CONCERNING COUNCIL VACANCIES WHEREAS, Charter section 406 provides that the Council must fill a Council vacancy within thirty (30) days -by appointment, and if an appointment is not made within that time period, to hold an election to fill the vacancy not sooner than ninety (90) days, nor longer than one hundred twenty (120) days from the occurrence of the vacancy; and WHEREAS, under certain circumstances one hundred twenty (120) days is not sufficient time to hold an election and still comply with the requirements of the Elections Code; and WHEREAS, it is advisable to amend the Charter to extend the period of time in which to hold an election. to fill a vacancy so that the requirements of the Election Code may be met. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is hereby ordered to be submitted to the voters at the General - Municipal Election to be held on Tuesday, November 5, 1996, for the purpose of voting upon a proposed Charter Amendment as hereinafter set forth. 2. The proposed Charter amendment would amend Charter Section 406 concerning Council vacancies by extending the period of time in which to hold an election so that the requirements of the Elections Code may be met. 3. Said proposed Charter amendment amends Charter Section 406 to read as follows: °SECTION 406. Vacancies. An elective office becomes vacant when the incumbent thereof dies, resigns, is removed from office under recall proceedings, is adjudged insane, convicted of a felony, or of an offense involving a violation of the Mayor or Councilmember I s official duties, or ceases to be a resident of the City, or has been absent from the State R -8505 Resolution No. 8505 (1996 Series) Page Two without leave granted by the City Council for more than sixty (60) consecutive days, or fails to attend the meetings of the Council for a like period without being excused therefrom by said body. A vacancy in the Council shall be filled for the remainder of the unexpired term, if any, at the next regular municipal election following not less than seventy -two (72) days upon the occurrence of the vacancy, but the Council by a majority vote of its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term or new term takes office. If the term still has two (2) years until expiration at the time of the next regular municipal election, the election to that seat shall be separated from the election for the other Council candidates. If the Council fails to fill the vacancy within (30) days following its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and twenty ff f days following the occurrence of the vacancy. The election shall be governed by the provisions of Article III. A person elected to fill a council vacancy for an unexpired term shall take office on the first Tuesday following his election. Notwithstanding any other provisions of this Charter, a minority of the members of the Council may fill vacancies on the Council by appointment in the event that a majority of the Council seats becomes vacant." 4. The ballot format for the proposal to amend Section 709 shall be substantially as follows: CITY MEASURE :A Shall City Charter Section 406 be YES amended to extend the period of time ----- - - - - -- in which to hold °an election to fill NO a Council vacancy? 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. Resolution No. 8505 (1996 Series) Page Three 7. This Resolution shall take effect upon its adoption. Upon motion of , C.M. Williams , seconded. by._C.M. 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 adopted this c; _ day of 1996. Mayor Allen Settle ATTEST: by "Kim Condon, Asst. City Clerk 0 0 ,f'I �f 1 I RESOLUTION NO: 8504 (1996 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FOR A TREE REMOVAL REQUEST AT 1789 SAN LUIS DRIVE. BE IT RESOLVED.by the Council of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after ..consideration of the applicant's appeal, and the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon, make the following findings: 1. The tree is not causing undue hardship to the property owner; and 2. Removing the tree does not promote good arboricultural practice; and 3'. Removing the tree will harm the character or environment of the surrounding neighborhood. Upon motion of Council Member Roalman , seconded by Council Member Smith and on the following roll call vote: AYES: Council Member Roalman, Smith, Romero, Williams, Mayor Settle NOES: None ABSENT: None the following resolution was adopted this 5 day of March ,. 1996. 1 1 Mayor Allen Settle A C t Cle (F� by Kim Condony Asst. City Clerk APPROVED AS TO FORA: 1789sanluis.res /tmg V A95 ev R -8504 W � �V � / \Y A r� I �`LJ�y"r J a\ �� ~.