HomeMy WebLinkAbout8603-8611RESOLUTION NO. 8611 (1996 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT 2133
WHEREAS, the City Council made certain findings concerning Tract 2133, as contained
in Resolution No. 8178 (1993 Series) and incorporating applicable conditions of PD 191 -92 per
Ordinance No. 1240 (1993 Series), and
WHEREAS, the subdivider has obtained approval of plans and specifications for a new
traffic signal at the intersection of Broad Street and Industrial Way, along with required inter-
connection facilities with the existing traffic signal At Tank Farm Rd., pursuant to Condition
7 of said Ordinance No. 1240 (1993 Series), and has posted bonds with CalTrans to guarantee
installation of this work, and
WHEREAS, an agreement has been recorded, pursuant to said Condition 7 of Ordinance
1240 (1993 Series), which guarantees installation of a possible future traffic signal at the Broad
Street entrance to the property (Marigold Shopping Center), if deemed necessary by the City and
CalTrans, and
WHEREAS, all other conditions required per said Resolution No. 8178 (1993 Series) and
Ordinance No. 1240 (1993 Series) have been bonded for and/or otherwise satisfactorily met as
prescribed in the attached subdivision agreement (Exhibit A).
NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2133 has been
found to be in "substantial conformance" with the tentative map, and final map
approval is hereby granted. The Mayor is hereby authorized to execute the subdivision
agreement.
R8611
Resolution No. 8611 (1996 Series)
Page Two
0
On motion of Council Member Romero, seconded by Council Member Smith
and on the following roll call vote:
AYES: Council Members Romero, Smith, Williams, Roalman, Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 10 day of December-
1996.
ATTEST: Mayor Allen K. Settle
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X�--Y J �r
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116 y Clerk Approved
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SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this '-1.2. day of D ?,m o %y and between Marigold
Center, LLC, a California Limited Liability Company, 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 2133, City of San Luis Obispo, California, as
approved by the City Council on the %10'! 'day of Dec'emT ber 199;_:.
The Subdivider desires that said Tract No. 2133 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.
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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 the Subdivider
in accordance with said approved plans and specifications.
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.
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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 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 $ 250,000.00
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 improvement security, 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
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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.
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 an inspection fee of $ 6,783.00 for City to inspect the
installation of said subdivision improvements, and to verify that they have been completed
in accordance with the plans and specifications.
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, executors, administrators, successors and assigns of the
respective Parties to this agreement.
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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 OBISPO SUBDIVIDER
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•
ATTEST:
CLERK ) nni aw
APPROVED • FORM:
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Marigold Center, LLC, a Calif Ltd Liability
Company
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EXHIBIT 1
TRACT 2133
SUBDIVISION AGREEMENT
1. Subdivider has paid an $18,014.00 water line reimbursement charge to Southern
California Gas Company (via City) for a pro rata share of Industrial Way water main
extension prior to Final Map approval, per Condition 26 of Ordinance 1240 (1993
Series).
2. The Subdivider has recorded a covenant to guarantee installation of a possible future
traffic signal at the Broad St. entrance to the Marigold Shopping Center per Condition
No. 7 of Ordinance 1240 (1993 Series).
3. The Subdivider has paid the Rockview -Tank Farm sewer lift station fee of $6,709.
(17ac x $131.55/gpm x 3gpm /ac) per Cond. 10 of Ordinance 1240 (1993 Series).
4. The Subdivider has paid the $56,000.00 Broad St. Annexation mitigation fee per
Condition 22 of Ordinance 1240 (1993 Series):
5. The Subdivider has submitted a monumentation guarantee of $1,000.00 to cover the
installation of survey monuments, in accordance with the Subdivision Map Act Said
deposit will be released to the Subdivider upon receipt by the City of a letter from the
Engineer /Surveyor indicating he has completed the work and has been paid.
6. The subdivider agrees to construct a new traffic signal at Broad St. and Industrial Way
and an "interconnect" with the existing Tank Farm Road /Broad traffic signal, related
striping and signage, including an' "Opticom system" per approved plans, pursuant to
Conditions 7, 9 & 25 of Ordinance 1240 (1993 Series). THIS ITEM IS BONDED
WITH THE STATE OF CALIFORNIA (CALTRANS), WHICH HAS JURISDICTION OVER
THE SIGNAL. (STATE HIGHWAY 227)
7. The subdivider agrees to install a bus stop and transit shelter along the Broad St.
frontage per approved plans and per Condition 16 of Ordinance 1240 (1993 Series).
8, The subdivider shall pay applicable sewer hookup fees (impact fees) per Condition 10
of Ordinance 1240 (1993 Series) as a condition of building permits.
9. The subdivider shall pay applicable water impact fees as a condition of building
permits.
10. The Subdivider has executed an agreement to provide for maintenance of common
private facilities, including but not limited to, parking, walkways, driveways,
landscaping, irrigation, detention basins, sewers and firelines.
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EXHIBIT 2
TRACT 2133
FEE AND BOND LIST
_'Bonds=' -- Improvements:
Amount Form /Surety Received
1. Faithful Performance (required prior to recordation)
100% Public Improvements & 15$ Infl. & Contingency
Off -Site Improvements $ 250,000.00 3_.�j..��5._ - - -�—
Future traffic signal (fond 7) (Recorded: covenant)
TOTAL $ 250,000.00 a c�
SEPARATE $ 175,000 BOND HELD BY CALTRANS FOR NEW TRAFFIC SIGNAL AT INDUSTRIAL WAY.
2. Labor & Materials (required prior to recordation)
.50% of Faithful Performance
250', dc"° pp
Off Site Improvements $ 125:990..00 01--4_ 35_Mkj -%SZ00 144%,
TOTAL
$ ? 00
3. Monumentation .Trust Deposit $ 1,000.00 CD# ..I-LD 11 5$"L20 - 00 0 11 Zj�
Fees - (paid with final map)
A.
Sewer Lift Station Fee $
6,709.00
520 -70 -508 -696
10/31/96
17 AC x $394.65/Ac
B.
Plan Checking and Inspection Fees
1.
Plan Checking Fee - Deposit $
1,000.00
100 -55- 210 =462
9/15/�3�/q�
" Balance Due $
2,960.00
2. Construction,Inspection Fee $
6,783.00
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F.
Ma Checking Fee
Map g $
1,050.00
Paid 9/13/96
G.
Water line reimbursement (To Gas Co) $
18,014.00
N.A.
Paid 10/31/96
H.
Broad Street Annexation Mitigation Fee
$ 56,000.00
600 Series
Paid 10/31/96
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of IN I 1 y, /U %iq
County of a1 / {�
On I 02 ! - q6 before me, �i11�Ti� IG • eno � Yfe , ! oO 2yl�f[%�!C
Date /' Name and Title of Officer (e.g., "Jane DG6, Notary Public ")
personally appeared
X ersonally known to me - to be the person(S)
whose name is subscribe to the within instrument
and ack ledged to me th h /sHel#heq executed the
e I hi herAheir authorize capacity0*, and that by
R�hi atureM on the instrument the personw,
or the entity upon behalf of which the person(A acted,
executed the instrument.
i @,MY MYRTH E KNOTHE
Commission #1071611
Notary Public - carif lima
Orange County r
Comm. Bores Nov 19.1999
WITNESS my hand and official seal.
Signature of Notfiry Public
OPTIONAL
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Document Date: 1 I- a9 - Ct q /Number of
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Capacity(ies) Claimed by Signer(s)
Signer's Name:
• Individual
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Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attomey -in -Fact
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❑ Other:
Signer Is Representing
RIGHT THUMBPRINT
OFSIGNER
Signer's Name:
❑ Individual
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Title(s):
Pages:_
❑ Partner — ❑ Limited ❑ General
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❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER. _
0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1 -800- 876 -6827
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Draft Resolution "A"
8610
RESOLUTION NO. (1996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OB_ ISPO
DENYING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION, THEREBY DENYING THE REQUEST FOR USE PERMIT
TO ALLOW A COUNTRY_ WESTERN DANCE CLUB
AT 3046 SOUTH HIGUERA STREET, SUITE A (U 107 -96)
WHEREAS, the City Council conducted a public hearing on December 3, 1996, and has
considered testimony of interested parties including the appellants, the records of the Planning
Commission hearing and action, and the evaluation and recommendation of staff.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the proposed use permit
(U 107 -96) and the Planning Commission's recommendations, public testimony, the appellants'
statements, staff recommendations and reports thereof, makes the following findings:
1. The proposed use will adversely affect the health; safety and welfare of persons
living at the site or in the vicinity due to an unresolvable increase in noise levels
which will disturb the peace and quite of the neighborhood.
2. The proposed use is inappropriate at the proposed location and is incompatible with
surrounding land uses because of increased noise levels that will be generated by
typical activities and the lack of suitable off -site parking.
3. The proposed off -site and joint use parking is inappropriate at the proposed
location since it is separated from use by South Higuera Street which makes
pedestrian access both inconvenient and hazardous.
SECTION 2. Action. The appeal is hereby denied; therefore, Use Permit U 107- 96,.a.
request to allow a country western dance club at 3046 South Higuera Street, Suite A,. is denied.
On motion of Council Member Williams , seconded by Council Member Romero f
and on the following roll call vote:
u_Rr, in
City Council Resolution No. 8610 (1996 Series)
Page 2
AYES: Council Members Williams, Romero, Roalman and Mayor Settle
NOES: Council Mmeber Smith
ABSENT: None
the foregoing resolution was passed and adopted this 3rd day of December, 1996.
Mayor Allen Settle
ATTEST:
qty Clerk . Bo .16e . Gaw
APPROVED:
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RESOLUTION NO. 8609 (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBIS_PO
AMENDING THE GENERAL PLAN LAND USE ELEMENT MAP
FROM OFFICE TO GENERAL RETAIL
FOR PROPERTY LOCATED AT 40 PRADO ROAD
(GP /R 7 -95)
WHEREAS, The Planning Commission conducted public hearings on November 6, 1996,
and November 13, 1996, and recommended denial of amendments to change the designation on
the City's Land Use Element map from Office to General Retail, and to change the zoning map
from Office with the Planned Development Overlay Zoning (O -PD) to Retail - Commercial with
the Special Consideration Overlay Zoning (C -R -S) for property located at 40 Prado Road; and
WIEREAS, the City Council conducted a public hearing on, December 3, 1996, and has
considered testimony of the applicant, interested parties, the records of the Planning Commission
hearings and action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed general plan amendment and
rezoning are consistent with the General Plan and other applicable City ordinances; and
WHEREAS, the City Council has considered the draft Mitigative Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the project's Negative Declaration adequately addresses the potential significant environmental
impacts of the proposed general plan map amendment and rezoning, and reflects the independent
judgement of the City Council. The Council hereby adopts said Negative Declaration and
incorporates the following mitigation measures into the project:
u -RAn9
City Council Resolution No. 8609 (1996 Series)
Page 2
1. The proposal shall be modified to rezone the site C -R -S. With the "S" overlay
zone, the special considerations for the site can be documented in the ordinance
approving the proposed zone change. The existing zoning regulations require the
processing of an administrative use permit with the development of a site that has
the "S" overlay zone. Therefore, the specific improvements needed and any special
requirements related to development, beyond strictly environmental mitigation
measures, could become conditions of the required. use permit approval.
2. Consistent with the recommendations included in .the Seismic Safety Element, a
detailed soils engineering report needs to be submitted at the time of building
permit which considers special grading and construction techniques necessary to
address the potential for liquefaction.
3. The project shall utilize porous paving, landscaping, or other design elements to
reduce surface water runoff consistent with Land Use Element Policy 6.4.7..
4. The developer shall replace any deficient storm drains crossing Prado Road and /or
provide on -site detention facilities to the satisfaction of the Public Works Director.
If oversizing of the storm drain is desired by the City, then the City will be
responsible for the cost differential for installation of the larger storm drain. With
submittal of precise development plans for the project; the developer shall prepare
a site drainage analysis evaluating the capacity of existing storm drain to
accommodate projected run -off.
5. The finish floor of project buildings shall be raised to a minimum of 136.5'
elevation to be consistent with the City's Flood Damage Prevention Regulations.
6. The developer shall install an oil and gas separator at an appropriate location in the
storm drainage system to the approval of the Public Works and Utility Directors.
The separator must be regularly maintained to ensure efficient pollutant removal.
7. Since the project involves the grading of more than five acres of land, the
developer shall obtain a.National Pollutant Discharge Elimination System (NPDES)
permit from the Central Coast Regional Water Quality Control Board (Cal /EPA).
8. Consistent with Municipal Code Section 15.04.040 X. (Sec. 3307.2), 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 project construction:
a. Regular wetting of roads and graded areas (at least twice daily with
complete coverage of all active areas);
City Council Resolution No. 8609 (1996 Series)
Page 3
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 offsite;
e. Watering material stockpiles;
L Periodic washdowns, or mechanical street sweeping, of streets in the
vicinity of the construction site; and
g. Non - potable water is to be used in all construction and dust control work.
9. The project shall include:
- bicycle parking and shower and locker facilities for employee use;
- shared -use parking reduction;
- on -site food facilities to encourage employees to stay on site during the
lunch hour;
- extensive tree planting in the parking areas to help reduce evaporative
emissions from automobiles;
- provision of a bus stop and shelter;
- pedestrian friendly site planning to the approval of the Architectural Review
Commission; and
- roadway changes that minimize the impact on pedestrians and bicyclists.
10. Consistent with the Circulation Element, the applicant shall widen Prado Road
across the property's frontage to provide for a four -lane arterial street. The
specific design of these street facilities (including the extent of interim and
permanent frontage improvements for pedestrians and transit access) shall be
established and .must.be accepted by the City as a prerequisite to the submittal of
development plans for the 40 Prado Road property.
11. As a prerequisite of development, the applicants shall execute an agreement with
the City, to be recorded against the land, to not. oppose the formation of an
assessment district or other financing mechanism (to the City's approval) that
includes the 40 Prado Road site and is established for the purpose of constructing
the Prado Road interchange, related new facilities and modifications to existing
facilities. The specific contents of this agreement shall be established to the
satisfaction of the City as a prerequisite to the approval of development plans for
the 40 Prado Road property.
City Council Resolution No. 8609 (1996 Series)
Page 4
As a further mitigation measure, the applicants shall dedicate slope easements for
the future Prado Road overpass and northbound on -ramp to State Route 101
consistent with the standard diamond design identified in the Prado Road Project
Study Report (PSR). Easements may provide for interim parking areas and
landscaping, but shall exclude all permanent buildings.
.12. The recommendations of the traffic study which call for the eventual realignment
of the City corporation yard driveway with the new street on the eastern edge of
the project shall be incorporated into the project approval and design.
13. Project approvals shall incorporate the recommendations of the traffic study
regarding the alignment and changes to Elks Lane to insure that adequate
emergency access continues to serve the site and the surrounding area.
14. As a prerequisite of development of the 40 Prado Road site, the applicant shall
design and construct pedestrian- bicycle crossing of San Luis Obispo Creek on the
north side of Prado Road. The crossing must be installed and fully accessible to
the public at the time that occupancy is granted for the first retail establishment on
the 40 Prado Road site. Mus project is eligible for a City Traffic Impact Fee (TIF)
credit.]
15. All buildings shall be provided with adequate sound - proofing to meet the City's
Noise Element requirements for interior noise levels based on the sound created by
departing aircraft.
16. No radio transmissions shall be allowed that would interfere with aircraft
operations.
17. The property owner shall grant an avigation easement to the City of San Luis
Obispo via an avigation easement document prepared by the City.
18. Future site development shall incorporate:
* Skylights to maximize natural day lighting;
* Operable windows to. maxinize natural ventilation; and
* Energy - efficient lighting systems for both interior and exterior use.
In the event operable windows and skylights are not feasible alternatives for tenant
operational reasons, buildings should be designed to exceed energy conservation
standards in the California Energy Code by 10 %.
19. Site development shall include a solid waste recycling plan for recycling discarded
building materials, such as concrete, sheetrock, wood, and metals, from the
City Council Resolution No: 8609 (1996 Series)
Page 5
construction site. The plan must be submitted for approval by the Community
Development Director, prior to building permit issuance.
20. Future site development should incorporate facilities for interior and exterior on-
site recycling.
21. Parking lot lighting shall be designed to be directed downward and not cast glare
onto adjacent properties. The specific design of lighting shall be to the approval
of the Architectural Review Commission. The ARC shall carefully review the
height and type of lighting fixtures.
22. Qualified archaeologist will be retained to monitor project grading and trenching
activities. - If excavations encounter significant paleontological resources,
archaeological resources or cultural materials, then construction activities which
may affect them shall cease until the extent of the resource is determined and
appropriate protective measures are approved by the Community Development
Director. The Community Development Director shall be notified of the extent
and location of discovered materials so that they may be recorded by a qualified
archaeologist.
23. If pre- historic Native American artifacts are encountered, a Native American
monitor should be called in to work with the archaeologist to document and.remove
the items. Disposition of artifacts shall comply with state and federal laws. A note
concerning this requirement shall be included on the grading and construction plans
for the project.
24. If the Community Development Director determines that the above mitigation
measures are ineffective or physically infeasible, he may add, delete or modify the
mitigation to meet the intent of the original measures.
SECTION 2. Finding . That this Council, after consideration of the general plan
amendment to change the designation on the City's Land Use Element map from Office to General
Retail for property located at 40 Prado Road, makes the following findings:
1. The proposed amendment is consistent with the goals and policies of the General
Plan LUE related to General Retail uses given that the site is in the general
identified geographical areas for retail expansion, and the requisite economic
analysis of downtown was submitted and accepted.
2. The proposed amendment is consistent with the goals and policies of the General
Plan LUE related to Public and Cultural Facilities Policies since there is enough
City Council Resolution No. 8609 (1996 Series)
Page 6
area in the current government office pole (Social Services Area) to accommodate
the long -range growth needs of regional offices of government agencies.
3. The proposed "S" overlay zoning will document the special considerations for the
site which are: the need for extensive area -wide circulation improvements,
including the planned development of a full freeway interchange at Highway 101
and Prado Road; the 80-foot wide PG &E power line easement; flood zone issues;
and airport land use compatibility concerns. The C -R -S zoning will require the
processing of an administrative use permit to establish proposed uses.
4. The proposed development of the site is appropriate and will be compatible with
surrounding land uses because site changes to accommodate retail development can
be adequately evaluated and regulated with the required processing of an
administrative use permit and architectural review.
5. A Mitigative Negative Declaration was prepared by the Community Development
Department on October 31, 1996, and adopted by the City Council on December
3, 1996, which describes significant, environmental impacts associated with project
development. The Mitigative Negative Declaration concludes that the project will
not have a significant adverse impact on the environment subject to the mitigation
measures listed above from initial study ER 7 -95 being incorporated into the
project
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 3. Apps. The requested general plan amendment to change the designation
on the City's Land Use Element map from Office to General Retail for property located at 40
Prado Road is hereby approved.
SECTION 4. Adoption.
1. The Land Use element map is hereby amended as shown in Exhibit "A ".
2. The Community Development Director shall cause the change to be reflected in
documents which are on display in City Hall and are available for public viewing
and use.
City Council Resolution No. 8609 (1996 Series)
Page 7
On motion of Council Member'Romero ,seconded by Council Member Williams,
and on the following roll call vote:
AYES: Council Members Romero, Williams and Mayor Settle
NOES: Council Members Roalman and Smith
ABSENT'. None
The foregoing resolution was passed and adopted this 3rdday of December 6
Mayor Allen K. Settle
ATTEST:
`_ -
APPROVED:
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RESOLUTION NO. 8608(1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE SALE OF THE OLD HEADQUARTERS FIRE STATION TO
ROB ROSSI IN THE AMOUNT OF $7659000
WHEREAS, the sale of the old headquarters fire station located at 748 Pismo Street is
an integral part of the City's budget - balancing strategy in the 1995 -97 Financial Plan; and
WHEREAS, on May 21, 1996 the Council adopted Resolution No. 8537 declaring the
old headquarters fire station as surplus property and approving a process for its sale; and
WHEREAS, pursuant to this process, the City solicited interest from other governmental
agencies; after receiving no interest by the closing date of August 1, 1996, oil August 20, 1996
the Council approved issuing a request for proposals for commercial real estate brokerage services
and authorized the City Administrative Officer (CAO) to award the contract to the best overall
proposer, and
WHEREAS, concurrently with this process, an appraisal of the property was performed
by Market Dynamics, who reported an appraised value of $740,000; and
WHEREAS, after an in -depth review of the brokerage service proposals received by the
City, the CAO awarded the contract to Rossetti Company on October 25, 1996, and the property
was subsequently listed for sale at $795,000; and
WHEREAS, the City received an initial offer from Rob Rossi on November 8, 1996,
which following a series of counter offers by both Rob Rossi and the City, was accepted by the
City as meeting its sales objectives.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby approves the sale of the old headquarters fire station to Rob Rossi in the
amount of $765,000 in accordance with the terms and conditions set forth in the written offers
and counter offers dated November 8, November 19, November 21, and November 22, 1996 on
file in the City Clerk's Office.
Upon motion of Council Member Williams ,secondedby Council Member Smith
and on the following roll call vote:
AYES: Council Members Williams, Smith, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 3rd day of December , 1996.
Resolution No. 8608 (1996 Series)
Page 2
ATTEST:
APPROVED AS TO FORM:
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Mayor Allen Settle
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RESOLUTION NQ 8607(1996 Series)
A RESOLUTION OF TBE CITY COUNCIL OF TBE CITY OF
SAN LUIS OBISPO AMENDING THE CTTYS LONFUC'I' OF IN`MZEST CODE
BY UPDATING TBE UST OF CITY EMPLOYEES AND COMMISSION MEMBERS
REQUIIIED TO FILE A. CONFLICT OF INTEREST STATEMENT
WHEREAS, the Political Reform Act requires every local government agency to review
its conflict of interest code biennially to determine if it is accurate or must be amended; and
WHEREAS, Resolution No. 8357 (1994 Series) was adopted on October 4, 1994; and
WHEREAS, a review of the list of designated positions..incorporated into Resolution No.
8357, indicates that amendments are necessary to reflect changes in job titles, positions and
classifications;
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Designated city employees and commission members listed on the attached
Exhibit "A" shall be required to file a Conflict of Interest Statement (Form 730) with the City
Clerk.
SECTION 2. Resolution No. 8357 is hereby amended by adoption of this resolution.
Upon motion of Council Member Williams , SOCOndedby Council. Member Smith
and on the following roll call vote:
AYES: Council Members Williams, Smith, Roalman, Romero and Mayor Settle
NOES: None
I_180164 a�I11i'Sr.4.�!
the foregoing resolution was adopted this 3rd dayof December
ATTEST:
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APPROVED AS TO FORM:
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R -8607
DEPARTMENT
Administrative Office:
City Attorney:
City Clerk's Office:
Community Development Department:.
Finance Department:
Fire Department:
Parks and Recreation Department:
0
POSITION TITLE
EXHIBIT A
Assistant City Administrative Officer
Assistant to the City Administrative Officer
Economic Development Manager
Natural Resources Manager
Executive Secretary
Assistant City Attorney
City Clerk
Assistant City Clerk
Community Development Director
Current Planning Manager
Long Range Planning Manager
Associate Planner(s)
Assistant Planner(s)
Chief Building Official
Building Inspector(s)
Building Permit Coordinator
Neighborhood Services Manager
Revenue Manager
Accounting Manager
Accounting Supervisor
Customer Services Supervisor
Information Systems Manager
Fire Chief
Battalion Chief(s)
Fire Marshall
Fire Protection Specialist
Fire Plan Check Inspector
Fire Inspector
Director of Parks and Recreation
Principal Recreation Supervisor
Recreation Supervisor
Golf Course Supervisor
Recreation Supervisor - Aquatics
�y
DEPARTMENT POSITION TITLE
Personnel Department: Personnel Director
Personnel Analyst
Executive Secretary
Risk Manager
Police Department: Chief of Police
Police Captain(s)
Police Lieutenant(s)
Support Services Manager
Public Works Department: Director of Public Works_
Administrative. Analyst
Public Works Manager
Streets Supervisor(s)
Parking Manager
Parks Supervisor(s)
Public Works Inspector
City Engineer
Field Engineering Assistant
Supervising Civil Engineer
Engineering Assistant(s)
Engineering Technician(s)
Supervising Mechanic
Arborist.
Building Maintenance Supervisor
Transit Manager
Principal Transportation Planner
Utilities Department: Utilities Director
Administrative Analyst
Utilities Engineer
Water Supply Supervisor (Whale Rock)
Wastewater Treatment Plant Supervisor
Industrial Waste Coordinator
Water Division Manager
Wastewater Division Manager
Industrial Waste Inspector
Water Distribution Supervisor
Wastewater Collection Supervisor
Utilities Conservation Coordinator
Reclamation Coordinator (Contract)
Water Treatment Plant Supervisor
DEPARTMENT
Committees/Commissions:
POSITION TITLE
Architectural Review Commissioners
Housing Authority Commissioners
Housing Authority Executive Director
BIA Administrator
NOTE: Temporary positions may be required to file a Conflict of Interest Statement upon
determination by the City Attorney that the temporary position is the function equivalent of a
designated position.
Consultants should be included in the list of designated employees and shall disclose pursuant to
the broadest disclosure category in the code subject to the following limitation:
The City Administrative Officer may determine (upon written application by the consultant) that a
particular consultant, although a "designated position," is hired to perform a range of duties that is
limited in scope and thus is not required to fully comply with the disclosure requirements; The City
Administrative Officer's determination is a public record and shall be retained for public inspection
in the same manner and location as this conflict of interest code.
If a consultant believes he or she is exempt from disclosure requirements of law, prior to the
application to the City Administrative Officer, the consultant shall obtain opinion to that effect
from an admitted attorney to practice in the State of California, which opinion shall contain the
information specified in the paragraph above.
City Councilmembers, Planning Commissioners, City Administrative Officer, City Attorney and
City Finance Director are required to file Form 721 with the Secretary of State and are, therefore,
not shown as designated positions by the City.
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RESOLUTION NO. 8606(1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO DECLARING EQUIPMENT AS SURPLUS PROPERTY
WHEREAS, the City Charter requires that the City Council approves the sale
or disposal of surplus property.
BE Tr RESOLVED, that the City Council of the City of San Luis Obispo
hereby declares:
SECTION 1. All items of property listed in Exhibit A attached and incorporated
herein by reference are surplus property.
SECTION 2. Disposal of the property shall be made by sale at public auction or by
another method of disposal in accordance with the City's surplus property policy as
determined by the Director of Finance to be in the best interest of the City.
Upon motion of Council Member Williams seconded by
Council Member Smith , and on the following roll call vote:
AYES: Council Members'Williams, Smith, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 3rd day of December
1996.
ATTEST:
r
APPROVED AS TO FORM:
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Year
Make
Model
License #
Vehicle I.D.#
Estimated Value
1969
Ford F -800
Hydro —Crane
E756510
F80EUF14625
3,500
1978
Elgin
Street Sweeper
E707068
D1022HCA14646
3,000
Acquired
Make
Description
Model
Vehicle I.D.#
Estimated Value
1980
Jacobson
Turf Mower
HF -15
A9739
2,000
:
41- 0017263
500
1985 IBM
Printer
5225 -2
91 -55861
500
Year
Make
Model
License #
Vehicle I.D.#
Estimated Value
1986
Ford Ranger
Pickup Truck
E492850
1 FTBR1 OTGGUC80458
1,500
Acquired Manufacturer
Description
Model #
Identification #
Estimated Value
1990 Best
UPS
FD4.3kVA
none
500
1985 IBM
Printer
4224 —C2
41- 0017263
500
1985 IBM
Printer
5225 -2
91 -55861
500
TOTAL $12,500
g:\groups \finance \misc\surplist
RESOLUTION NO. 8605 (1996 SERIFS)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT 2100
WHEREAS, the City Council made certain findings concerning Tract 2100, as contained
in Resolution No. 8013 (1992 Series), and
WHEREAS, the subdivider is processing annexation of the tract to the Santa Lucia Hills
Homeowners Association, per Condition 10 of said Resolution No. 8013, for maintenance of the
respective detention basins and linear parks, pursuant to the Edna -Islay Specific Plan and as
provided for in the attached subdivision agreement, marked "Exhibit A ", and
WHEREAS, all other conditions required per said Resolution No. 8013 (1992 Series) have
been bonded for and/or otherwise satisfactorily met.
NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted for
Tract 2100 and the Mayor is hereby authorized to execute the subdivision agreement.
On motion of Council Member Willi conded by Council Member Smith
and on the following roll call vote:
AYES: Council Members Williams, Smith, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this
1996.
ATTEST:
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I I as to Form:
...
Y ey G. Jorgenson
EMU T
3rd day of December
Mayor Allen K. Settle
G:\tract-ms\t2l00\finalmap.rep
R -8605
STANDARD SUBDIVISION AGREEMENT
-f,
THIS AGREEMENT is dated this 7!;. day of _ by and between
a California Limited
PRISKE -JONES VENTURES /POINSETTIA, L.L.C., Liability Comp rigere n 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
Parcel Map
Tract 2100; MS 92 -127 City of San Luis Obispo, California, as approved by
the City Council on the day of 19_
Parcel Map
The Subdivider desires that said Tract 2100; MS 92- 127 - be accepted
and approved as : final map pursuant to the Subdivision Regulations of
the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal
Cod),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.
1
4. DRAINAGE STRUCTURES
S. 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 the Subdivider in accordance with said approved plans and
specifications.
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.
2
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 l 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 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 $ 48,800.00 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 improvement secur -ity; 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:
3
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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.
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 $ 3,967`�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.
The Subdivider has paid $_-0- to the City for all labor and material
costs (including normal overhead) ,incurred by City for installation by
the City of all street name signs and traffic control signs and striping
with the public rghtstof -way per City and State regulations.
4
i
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, 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 OBISPO SUBDIVIDER
PRISKE -TONES VENTURES
/POINSETTIA,
MAYOR a California Limited Liability Comexzi
By: Priske -Jones Company,
its Managing M
ATTEST:
BY:
Bradley B: //J es, Pr sident
CITY CLERK
APPROVED AS FORM:
i
AT or y
forms /sub -agr
by
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EXHIBIT 1
SUBDIVISION AGREEMENT
TRACT 2100 & MS SLO 92 -127
POINSETTIA
1. The subdivider has paid a monumentation guarantee of $1000 (CD # 002400407) to cover
the installation of survey monuments per the approved final map and payment for same. Said
security deposit will be released to the subdivider upon receipt by the City of a letter from the
engineer /surveyor indicating he has completed the work and has been paid.
2. Per condition 9 of Resolution 8013 (1992 Series) "The subdivider shall inform future lot
buyers of the possibility of building permit delay based on the city's water shortage. Such
notification shall be made apart of the recorded documentation for each lot."
3. Per condition 10 of Resolution 8103 (1992 series) "The subdivider shall consult with the
existing homeowners association, encompassing the adjacent residential property, and ask to
amend the existing covenants, conditions, and restrictions (CC &R's) in force for the adjacent
residential development, by attaching this subdivision to the other subdivisions governed by
the homeowners' association created by these CC &R's. If approved, these amended CC &R's
shall be approved by the Community Development Director and administered by the
homeowners' association. If the request is rejected by the homeowners' association, proof of
such rejection must be provided to the Community Development Director."
Subdivider shall process all necessary documents to finalize this annexation within 30 days of
favorable notice by the Santa Lucia Hills homeowners Association_ and shall notify any future
property owners of the pending action.
4. The subdivider shall install the masonry wall and landscaping along Industrial way and
has made arrangements via an agreement to be recorded with the map for the Marigold
Center, L.L.C. a California Limited Liability Company to have the parkway maintained, along
with the maintenance of "Lot A ".
5. Lot "A shall be owned and maintained by the Mangold shopping center with the
agreement noted in 4 above being recorded concurrently with the final map:
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RESOLUTION NO. 8604 (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPOINTING MEMBERS TO LOCAL LAW
ENFORCEMENT BLOCK GRANTS PROGRAM ADVISORY BOARD
WHEREAS, the Omnibus Fiscal Year 1996 Appropriations Act, Public Law 104 -134,
provides funds for the implementation of the Local Law Enforcement Block Grants Program to
be administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice and
WHEREAS, the Local Law Enforcement Block Grants Program is to provide units of
local government with funds to underwrite projects to reduce crime and improve public safety;
and
WHEREAS, based on population, the City of San Luis Obispo is eligible to apply for the
amount of $47,900.00 from the Local Law Enforcement Block Grants Program; and
WHEREAS, as part of the application process, an advisory board must be established or
designated to review the application for funding, and make nonbinding recommendations for the
use of funds by the City of San Luis Obispo; and
WHEREAS, the advisory board shall include representatives of groups with a recognized
interest in criminal justice, and crime or substance abuse prevention and treatment; and
WHEREAS, the advisory board must include representatives from at least: the local law
enforcement agency, the local prosecutor's office, the local court system, the local public school
system, and a local nonprofit group active in crime prevention or drug use prevention or
treatment;
BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby appoints
the following representatives to the Local Law Enforcement Block Grants Program Advisory
Board for the City of San Luis Obispo:
Local Law Enforcement Agency - Captain Cliff Chelquist
Local Prosecutor's Office - Chief Deputy District Attorney Gerald Shea
Local Court System - Juvenile Justice Commissioner Jim Brabeck
Local School System - Asst. Superintendent Rory Livingston
Local Nonprofit Group - Frank Warren, Friday Night Live
Upon motionof Council Member Romero secondedby Cn„nr;l Mamhar Rnalman ,
and on the following roll call vote:
R8604
G
Resolution No. 8604 (1996 Series)
Page 2
K
AYES: Council Members Roalman, Romero, Smith, Williams, Mayor. Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 19- - -day of November , 1996.
ATTEST`
77401F� 1
APPROVED AS TO FORM:
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Mayor Allen K. Settle
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RESOLUTION NO. 8603 (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING APPEAL OF THE BIA. BOARD OF DIRECTORS
DENIAL OF AN APPLICATION TO SELL AT THURSDAY NIGHT
ACTIVITIES
WHEREAS, The Downtown San Luis Obispo Business Improvement
Association's Thursday Night Activities(TNA) Committee conducted a public meeting on
September 11, 1996 and denied an application to sell at Thursday Night Activities; and
WHEREAS, the Downtown Business Improvement Association's Board of
Directors conducted a public meeting on October 8, 1996 and upheld the decision of the
TNA Committee; and
WHEREAS, the City Council conducted a public hearing on November 19, 1996
and has considered testimony of the interested parties, the records of the BIA Board of
Directors' meeting and action,. and the recommendation of staff;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby denies the appeal of the BIA Board of Director's action to deny the
applicant to sell at TNA based on the following findings.
SECTION 1. Findine
1. Participation in Thursday Night Activities by a business determined to be
competing with downtown businesses is in violation of the TNA Rules and
Regulations Section 2 which states, "Non Competing Business is a
business outside the BIA district which is determined at the time of
application to not be similar, related and/or a competing business with any
business or organization that is a member of the BIA".
Upon motion of Vice Mayor Williams , seconded by council Member Smith
and on the following roll call vote:
R8603
Resolution No. 8603
Page 2
AYES: Council Members Roalman, Romero, Smith, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 9 day of November . 1996.
ATTEST:
City Clerk (Bonnie L. Gawf)
APPROVED AS TO FORM:
- d RUP � — � � � �Ie —.
Mayor (Allen Settle)