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HomeMy WebLinkAbout05/06/1991, 2 - COUNCIL WORK PROGRAM SOUND AMPLIFICATION AFFECTING PUBLIC AREAS IIIN� II�II�I�"�II IIuI�I city of Sal 1 LUiS OBISPO MEETING DATE: COUNCIL AGENDA REPORT ITEM NZ BER: FROM: Arnold B. Jonas, Community Development Director Prepared by: Ken Bruce, Senior Planner 7 SUBJECT: Council Work Program Sound Amplification Affecting Public Areas SUMMARY RECOMMENDATION: No regulations need to be amended or adopted, but better enforcement of existing regulations and better coordination of events in and adjacent to Mission Plaza are needed. SITUATION/BACKGROUND: Council adoption of the 1989-91 financial plan and budget included work program A- 5-sound amplification affecting public areas. The objective of the program was to minimize excessive noise impacts from amplified sources on public areas, particularly Mission Plaza. There have been conflicts between users of Mission Plaza, events held in the Plaza, Mission Church, and surrounding residential and commercial businesses. The Council has expressed concern that on-going conflicts are not acceptable, and that amplified sources of sound may not be appropriate and should be better regulated, or users in and around Mission Plaza be better coordinated. Over the past six months, staff has defined the issue, reviewed existing permits, regulations and procedures and met with some council people, staff from City Attorney, Park and Recreation, Police Departments,.Mission Church, and some adjacent residents and commercial tenants adjacent to Mission Plaza. The overwhelming consensus of those consulted was that Mission Plaza is and should continue to be a very active place for people to use; many uses can and should continue to take place simultaneously provided they are compatible with each other and coordinated with each other; conflicts between events and users have occurred, but infrequently; the city should do a better job regulating and coordinating activities in and around Mission Plaza; and sound amplification should not be prohibited, but should be better regulated and coordinated. EXISTING REGULATIONS A. Zoning Regulations MC 1LO Use permits are required for outdoor entertainment. Sound amplification can be regulated through conditions of approval. Violations of conditions can be a basis for revocation of use permits. The Community Development Department enforces the zoning regulations. In recent times, three use permits have been approved for outdoor entertainment for establishments adjacent to Mission Plaza. All had conditions regulating amplification. See attachments. city of san Luis osispo Nia; COUNCIL AGENDA REPORT Page 2 1. Use Permit A 137-86. Spindle Restaurant, 778 Higuera Street. Use permit is no longer in effect. 2. Use Permit A 140-85. Sebastian's Restaurant, 1022 Chorro Street. Use permit is no longer in effect. 3. Use Permit A 68-89. Tortilla Flats Restaurant. 1051 Nipomo Street. Use permit is active. In the cases of Sebastian's and The Spindle, outdoor entertainment is no longer approved because the approved use has not been operated for six months or longer. If either wishes to reactivate outdoor entertainment use, a new use permit must be approved. Amplification issue can be addressed at that time. B. Noise Regulations (MC 9.12) These regulations control unnecessary, excessive and annoying noise in the city. The Police Department enforces the regulations. See attached. Provisions of the regulations that relate to the issue are as follows: 1. Definitions are provided for "public space" and "sound amplifying equipment." 2. The use of loudspeakers (amplified sound) is prohibited everywhere between the hours of 10:00 p.m. and 7:00 a.m. Exterior noise limits are established depending on zoning district. 3. Outdoor activities, such as gatherings, dances, shows, sporting and entertainment events that are allowed by city permit or license are not subject to the Noise Regulations. The Police Department has received three noise complaints in the Mission Plaza area over the past 18 months. They were (1) noise from an outdoor band at the Spindle Restaurant; (2) noise from the ringing of the Mission bells (complained several times); (3) noise from Police Officers Memorial Event in Mission Plaza. C. Park Regulations ,MC 12.201 These regulations set forth the rules and regulations for all parks in the city. Mission Plaza is one of the parks affected. Enforcement of the regulations is by the Police Department, Recreation Department, and Public Works Department depending on what section of the regulations is involved. See attached. ��ii�hp�Vl►IIIIIIII►1° �IIUIII MY Of san tuts OBISpO Nii% COUNCIL AGENDA REPORT Page 3 Provisions of the regulations that relate to the issue are as follows: 1. Definition of "amplified sound" is provided. 2. A permit is required for use of a park for gatherings or assemblies of fifty or more persons. The permit is approved by the Recreation Director. 3. Amplified sound in city parks is regulated. A permit is required from the Recreation director to allow an amplified sound system. Also, amplifiers can only be operated by a power source provided by the j Public Works Department. This means no generators or battery- operated amps. 4. The volume of amplification is regulated by the Police Department and is not to interfere with other park users or nearby residents or tenants. The Recreation Department uses a "park use permit" process for people/events wanting to use a park, including Mission Plaza. Application attached. On the application is a place to indicate if amplified sound will be used. The Recreation Department says the amplified sound requests are usually denied except at Mission Plaza and the Jack House where the requests are usually approved. Representatives of Mission Church say that amplified sounds from events in Mission Plaza often disrupt church events. The Recreation Department has a Mission Plaza Coordinator (Rich Ogden) who is charged with coordinating all events in and around Mission Plaza. CONCLUSION/RECOMMENDATION The coordination of events in and around Mission Plaza, including sound amplification, needs to be improved. When reviewing use permit applications for outdoor entertainment, sound amplification can be better addressed, and activities better coordinated by imposing conditions of approval such as days and hours of operation; restrictions on amplification; or coordination with other plaza or Mission Church events. The Mission Plaza Coordinator needs to maintain better coordination of all events in or adjacent to Mission Plaza, including with Mission Church. To do this, maybe all sound amplification requests need to be denied or the Mission Church must sign off on all requests. The coordinator should also see that section 12.20.040.E.3 (power source for amplifiers) is enforced. The Police Department needs to better enforce maximum noise levels allowed during events in or adjacent to Mission Plaza. 2 - 3 ��►Gl�7�l'illll►INIIIII��' glllll� crty of San LUIS OBISpo COUNCIL AGENDA REPORT Page 4 Additional rules or regulations are not needed at this time, but better enforcement of existing regulations and better coordination of events in and adjacent to Mission Plaza need attention. I ATTACHMENTS: Noise Regulations Park Regulations Park Use Permit Use Permit A 137-86 (Spindle Restaurant) Use Permit A 140-85 (Sebastian's Restaurant) Use Permit A 68-89 (Tortilla Flats Restaurant) aJ\KB:1r\b=:3-20-91.wp 9.12.020 private rights-of-way,structures, utilities or sim- siveness of a sound depends upon its amplitude, filar property. duration,frequency and time of occurrence,and H. "Cumulative period" means an additive tonal or informational content as well as the period of time composed of individual time seg- prevailing ambient noise level. menu which may be continuous or interrupted. Q. "Mobile noise source' means any noise I. "Decibel" means a unit for measuring the source other than a fixed noise source. amplitude of a sound, equal to twenty times the R. "Motor vehicle' means and includes any logarithm to the base 10 of the ratio of the pres- and all self-propelled vehicles as defined in the sure of the sound measured to the reference pres- California Vehicle Code, including all on-high- sure,which is twenty micropascals. way type motor vehicles subject to registration J. "Demolition" means any dismantling, under the Code, and all off-highway type motor intentional destruction or removal of structures, vehicles subject to identification under the code. utilities, public or private right-of-way surfaces, S. "Muffler or sound dissipative device' or similar property. means a device consisting of a series of chambers K. "Emergency work" means any work per- or baffle plates, or other mechanical design, for formed for the purpose of preventing or alleviat- the purpose of receiving exhaust gas from an ing the physical trauma or property damage internal combustion engine, and effective in threatened or caused by an emergency. reducing noise. L. "Fixed noise source' means a stationary T. "Noise control office(r)(NCO)"means the device which creates sound while fixed or municipal agencies or departments, having lead motionless, including, but not limited to, resi- responsibility for this chapter, or their employ- dential, agricultural, industrial and commercial ees. machinery and equipment, pumps, fans, com- ' U. "Noise disturbance' means any sound pressors, air-conditioners, and refrigeration which (a) endangers or injures the safety or equipment. health of human beings or animals,or(b)annoys M. "Gross vehicle weight rating (GVWR)" or disturbs reasonable persons of normal sen- means the value specified by the manufacturer as sitivites, or (c) endangers or injures personal or the recommended maximum loaded weight of a real property, or(d) violates the factors set forth single motor vehicle. In cases where trailers and in Section 9:12.060 of this chapter. Compliance tractors are separable, the gross combination with the quantitative standards as listed in this weight rating,which is the value specified by the chapter shall constitute elimination of a noise. manufacturer as the recommended maximum disturbance. loaded weight of the combination vehicle, shall V. "Noise zone'includes any defined areas or be used: regions of a generally consistent land use wherein N. "Impulsive sound" means sound of short the ambient noise levels are within a range of S duration, usually less than one second, with an dB. abrupt onset and rapid decay. Examples of W "Person" means any individual, associa- sources of impulsive sound include explosions, tion, partnership or corporation, and includes drop forge impacts, and the discharge of fire- any officer, employee, department, agency or arms instrumentality of a state or any political subdivi- Q "Industrial area" is designated on the offi- sion of a state. cial zoning map of the city. X. "Powered model vehicle" means any self- P. "Intrusive noise' means that noise which propelled, airborne, waterborne or landborne intrudes over and above the existing ambient plane,vessel,or vehicle,which is not designed to noise at a given location. The relative intru- carry persons, including, but not limited to,any 189 (Sen Luis Obispo 7.90) 9.12.050 this section exists include, but are not limited to, sions of Section 9.12.060 of this chapter, except the following: for activities for which a exception has been A. The sound level of the objectionable noise; issued by the noise control office. B. The sound level of the ambient noise; b. In such a manner as to exceed the levels set C. The proximity of the noise to residential forth for public space in Table 1 of Section sleeping facilities; 9.12.060 of this chapter, measured at a distance D. The nature and zoning of the area within of at least fifty feet (fifteen meters) from such which the noise emanates; device operating on a public right-of-way or pub- E. The number of persons affected by the lic space. noise source; 2. Loudspeakers(Amplified Sound).Using or F. The time of day or night the noise occurs; operating for any purpose any loudspeaker, G. The duration of the noise and its tonal, loudspeaker system or similar device between informational or musical content; the hours of p.m. and seven a.m., such that H. Whether the noise is continuous, recur- the sound therefrom creates a noise disturbance rent or intermittent; across a residential real property line, or at any I: Whether the noise is produced by a com- time violates the provisions of Section 9.12.060 mercial or noncommercial activity. (Ord. 1159 § of this chapter, except for any noncommercial 4, 1990: Ord. 1032 § 2 (part), 1985) public speaking, public assembly or other activity for which an exception has been issued 9.12.050 Prohibited acts. by the noise control office. A. Noise Disturbances Prohibited.No person 3. Street Sales. Offering for sale, selling any- shall make, continue or cause to be made or thing or advertising by shouting or outcry within continued, or permit or allow to be made or any residential or commercial area of the city continued,any noise disturbance in such a man- except by exception issued by the noise control ner as to be plainly audible at a distance of fifty office. The provisions of this section shall not be feet from the noisemaker, provided, nothing in construed to prohibit the selling by outcry of this section shall be construed to prohibit any merchandise, food and beverages at licensed noise which does not penetrate beyond the sporting events, parades, fairs, circuses or other boundaries of the noisemaker's own premises or similar licensed or permitted public entertain- does not constitute an unreasonable disturbance ment events. to people lawfully on said premises. 4. Animals and Birds. Owning, possessing or B. Specific Prohibitions.The acts,as set forth harboring any animal or bird which frequently or in subsections B 1 through 8 of this section, and for long duration,howls,barks,meows,squawks the causing or permitting thereof,are declared to or makes other sounds which create a noise dis- be in violation of this chapter. turbance across a residential or commercial real 1. Radios, Television Sets, Musical Instru- property line or within a noise sensitive zone. meats and Similar Devices. Operating, playing 5. Loading and Unloading. Loading, unload- or permitting the operation or playing of any ing, opening, closing or other handling of boxes, radio,television set,phonograph,drum,musical crates, containers, building materials or similar instrument,or similar device which produces or objects between the hours of ten p.m. and seven reproduces sound: a.m.in such a manner as to cause a noise distur- a. Between the hours of ten p.m. and seven bane across a residential real property line or at a.m.in such a manner as to create a noise distur- any time to violate the provisions of Section bance across a residential or commercial real 9.12.060 of this chapter. property line or at any time to violate the provi- 190-1 (San Luis Obispo 7-90) 0 9.12.060 a. Between the hours of seven p.m. and seven ciently enclosed or muffled and maintained so as a.m. so as to create a noise disturbance across a not to create a noise disturbance in accordance residential or commercial real property line or at with Section 9.12.060 of this section. any time to violate. the provisions of Section 11. Residential Air-Conditioning or Air-Han- 9.12.070 of this chapter. dling Equipment. Operating or permitting the b. In such a manner as to exceed the levels set operation ofany air-conditioning or air-handling forth for public space land use in Table I of equipment in such a manner as to exceed any of Section 9.12.060 measured at a distance not less the following sound levels: than one hundred feet (thirty meters) from any point on the path of a vehicle operating on public Insutled 1nsttaallledd on space or public right-of-way. Before or After 1-1-90 1-1-80 dB(A) 9. Emergency Signaling Devices. Measurement Location db(A) a. The intentional sounding or permitting the Any point on neighboring prop- sounding outdoors of any fire, burglar or civil erwot���o iv ereetan above ee eei defense alarm,siren,whistle or similar stationary from any wall 60 55 emergency signaling device, except for emer- outside the neighboring living gency purposes or for testing,as provided in sub- area window nearest the equip• ment location. not more than section B 9 b of this section. three feet from the window open- ing.but at least three feet from any b. i. Testing of a stationary emergency signal- other surface 55 50 ing device shall not occur before seven a.m. or after seven p.m. Any such testing shall use only (Ord. 1159 § 5, 1990; Ord. 1032 § 2 (part), 1985) the minimum cycle test time. In no case shall such test time exceed sixty seconds. 9.12.060 Exterior noise limits. ii. Testing of the'complete emergency signal- A. Maximum Permissible Sound Levels at ing system, including the functioning of the sig- Receiving Land Use. naling device, and the personnel response to the 1. The noise standards for the various catego- signaling device, shall not occur more than once ries of land use identified by the noise control in each calendar month. Such testing shall not office(r) as presented in Table I of Section • occur before seven a.m. or after ten p.m. The 9.12.070 shall, unless otherwise specifically indi- time limit specified in subsection B 9 b i of this cated, apply to all such property within a desig- section shall not apply to such complete system nated zone. testing. 2. No person shall cause or allow to cause,any c. Sounding or permitting the sounding of source of sound at any location within the incor- any exterior burglar or fire alarm or any motor porated city or allow the creation of any noise on vehicle burglar alarm unless such alarm is termi- property owned, leased, occupied or otherwise nated within thirty minutes of activation. controlled by such person, which causes the 10. Domestic Power Tools, Machinery. noise level when measured on any'other prop- a. Operating or permitting the operation of erty, either incorporated. or unincorporated, to any mechanically powered saw, sander, drill, exceed: grinder, lawn or garden tool or similar tool a. The noise standard for that land use as between ten p.m.and seven a.m.,so as to create a specified in Table 1 of Section 9.12.070 for a noise disturbance across a residential or com- cumulative period of more than thirty minutes mercial real property line. in any hour, or b. .Any motor, machinery, pump, such as b. The noise standard plus 5 dB for a swimming pool equipment, etc., shall be sufli- cumulative period of more than fifteen minutes 190-3 (San Luis Obispo 1.90) 2 -S 9.12.070 9.12.070 Interior noise standards. A. Maximum Permissible Dwelling Interior Sound Levels. 1. The interior noise standards for multifam- ily residential dwellings as presented in Table 1 of this section shall apply, unless otherwise specifi- cally indicated, within all such dwellings with windows in their normal seasonal configuration. 1904a (San Luis Obispo 7.90) 2 -� 9.12.080-9.12.090 Table Vo.I operate or cause to be operated any motorized Allowable recreational vehicle off public right-of-way in Interior such a manner that the sound levels emitted Voice Type of Time NOdBA) el Zone band Use Inter-a] (dBA) therefrom violate the provisions of Section 9.12.070 of this chapter.This section shall apply All Residential All Multifamily 10:00 p.m.— to all motorized recreational vehicles,whether or Zones Residential 7:00 am. 40 IandUses 7:00 a.m.— not duly licensed and registered, including, but IO-Wp.m. 45 not limited to, commercial or noncommercial racing vehicles, motorcycles, go carts. amphibi- 2. No person shall operate or cause to be oper- ous craft, campers, snowmobiles and dune bug- ated within a dwelling unit,any source of sound gies, but not including motorboats. or allow the creation of any noise which causes C. Vehicle,Motorboat or Aircraft Repair and the noise level when measured inside a neighbor- Testing. ing receiving dwelling unit to exceed: 1. Repairing,rebuildling,modifyingortesting a. The noise standard as specified in Table 1 of anv motor vehicle. motorboat or aircraft in such this section for a cumulative period of more than a manner as to create a noise disturbance across a five minutes in any'hour,or residential real property line, or at any time to b. The noise standard plus 5 db for a violate the provisions of Section 9.12.070 of this cumulative period of more than one minute in chapter. any hour, or 2. Nothing in this section shall be construed c. The noise standard plus 10 dB or the max- to prohibit. restrict, penalize, enjoin or in any imum measured ambient,for any period oftime. manner regulate the movement of aircraft which 3. If the measured ambient level differs from are in all respects conducted in accordance with. that permissible within any of the noise limit or pursuant to. applicable federal laws or regula- categories of this section, the allowable noise tions. exposure standard shall be adjusted in 5 dB incre- D. Standing Motor Vehicles. No person shall menu in each category as appropriate to reflect operate or permit the operation of any motor the ambient noise level. vehicle with a gross weight rating (GVWR) in B. Correction for Character of Sound. in the excess of ten thousand pounds. or any auxiliary event the alldged offensive noise. as determined equipment attached to such a vehicle, for a by the noise control officer, contains a steady, period longer than fifteen minutes in any hour audible tone such as a whine.screech or hum,or while the vehicle is stationary, for reasons other is a repetitive noise such as hammering or rivet- ing,orcontains music orspeech conveying infor- than traffic congestion. or a public right-of-way or public space within one hundred fifty feet mational content.the standard limits set forth in Table 1 of this section shall be reduced by dB. (forty-six meters) of a residential area. between (Ord. 1032 § 2 (part). 1985) the hours of ten p.m.and seven a.m.(Ord. 1032§ 2 (pan), 1985) 9.12.080 Motor vehicle noise limits. A. Refuse Collection Vehicles. No person 9.12.090 Special provisions (exemptions). shall collect refuse with a refuse collection vehi- A. Emergency Exemption. The provisions of cle between the hoursofseven p.m.and six-thirty this chapter shall not apply to:(a)the emission of a.m. within or adjacent to a residential area. sound for the purpose of alerting persons to the B. Motorized Recreational Vehicles Operat- existence of an emergency.or(b)the emission of ing Off Public Right-of-way. No person shall sound in the performance of emergency work. 190-5 iSan Luis Obispo 7.85) 2 - to 9.12.100 B. Warning Devices. Warning devices neces- operated only by permit issued by the noise con- sary for the protection of public safety, as for trol office(r). The allowable hours and days for example, police, fire and ambulance sirens, and operation of these devices will be specified in the train horns, shall be exempted from the provi- permit. sions of this chapter. 5. All equipment and machinery powered by C. Outdoor Activities. The provisions of this internal combustion engines shall be equipped chapter shall not apply to outdoor gatherings, with a proper muffler and air intake silencer in public dances,shows and sporting and entertain- good working order. ment events,provided such events are conducted F. Federal or State Preempted Activities. Any pursuant to a permit or license issued by the city other activity to the extent regulation thereof has relative to the staging of the events. been preempted by state or federal law shall be D. Exemptions from Exterior Noise Stan- exempted from the regulations of this chapter. dards.The provisions of Section 9.12.060 of this G. Preexisting Noise Sources. Those com- chapter shall not apply to activities covered by mercial and/or industrial operations in existence the following sections: prior to the date of adoption of this chapter, if in 1. Section 9.12.050 B 3. Street Sales: compliance with local zoning statutes, shall be 2. 9.12.050 B 6. Construction/Demolition: granted a two year period from the date of adop- 3. 9.12.050 B 10, Domestic Power Tools, tion with which to comply with the provisions of Machinery: this chapter. If,at the end of the two year period. 4. 9.12.050 B 11. Residential Air-Condition- it can be shown that compliance with the provi- ing or Air-Handling Equipment: sions in this chapter constitutes a hardship in 5. 9.12.080 A. Refuse Collection Vehicles. terms of technical and economic feasibility, an E. Agricultural Operations. All mechanical exception may be granted on an annual basis devices,apparatus or equipment associated with until such time as compliance may be effected. agricultural operations conducted on agri- No more than three exceptions will be allowed cultural property unless. if in the vicinity of resi- on a specific project. (Ord. 1032 §2 (part), 1985) dential land uses. in which case an exception permit is required(Section 9.12.100 of this chap- 9.12.100 Exceptions. ter)to operate noise producing devices, with the A. Special Exceptions. following stipulations: I. The noise control office(r) is authorized to 1. Operations do not take place between eight grant exceptions from any provision of this chap- p.m. and six-thirty a.m.: or ter,subject to limitations as to area. noise levels, 2. Such operations and equipment are uti- time limits and other terms and conditions as the lized for the protection or salvage of agricultural noise control office(r) determines are appropri- crops during periods of potential or actual frost ate to protect the public health, safety and wel- damage or other adverse weather conditions: or fare from the noise emanating therefrom. This 3. Such operations and equipment are associ- section shall in no way affect the duty to obtain ated with agricultural pest control through any permit or license required by law for such pesticide application. provided the application is activites. made in accordance with permits issued by or 2. Any person seeking an exception pursuant regulations enforced by the noise control officer. to this section shall file an application with the or noise control office(r).The application shall con- 4. Such devices utilized for pest control which tain information which demonstrates that bring- incorporate stationary or mobile noise sources ing the source of sound or activity for which the (electro-mechanical bird scare devices. etc.) are exception is sought into compliance with this (son Luis Obispo 7-55) 190-6 2 - 11 9.12.110 chapter would constitute an unreasonable hard- applications for initial exceptions under subsec- ship on the applicant, on the community, or on tion B 2 of this chapter. other persons. The application shall be accom- 6. Exceptions lasting for a duration of less panied by a fee as established by council resolu- than forty-eight hours may be granted by the tion.A separate application shall be filed for each chief of police or his designated noise control noise source; provided, however, that several officer. Exceptions lasting for a duration of more mobile sources under common ownership, or than forty-eight hours or dealing with zoning several fixed sources on a single property may be conflicts or machine generated noise may be combined into one application. Any individual granted by the community development depart- who claims to be adversely affected by allowance ment director or his designated noise control of the exception may file a statement with the officer. noise control office(r) containing any informa- B. Exceptions for Time to Comply. tion to support his claim. If at any time the noise 1. Within ninety days following the effective control office(r) finds that a sufficient contro- versy exists regarding an application, a public tial or industrial source of sound may apply to hearing will be held. the noise control office(r) for an exception in 3. In determining whether to grant or deny time to comply with the provisions of this chap- the application, the noise control office(r) shall ter. The noise control office(r) shall have the authority, consistent with this section, to grant balance denial as a hardship on the applicant against (l) the adverse impact on the health, an exception (not to exceed one hundred eight safety and welfare of other persons affected; (2) days from.the effective date of the ordinance the adverse impact on property affected. and:(3) codified in this chapter). The same procedures any other adverse impacts of granting the excep- and considerations by the noise control office(r) tion.Applicants for exceptions and persons con- as follwed under this section shall likewise apply. C. Appeals. Appeals of an adverse decision testing exceptions shall be required to submit under this section of the police department's such information as the noise control officer) noise control office(r)shall be made to the com- may reasonably require. In granting or denying munity development department.Review of the an application, the noise control office(r) shall ' community development department shall be keep on public file a copy of the decision and the limited to whether the decision is supported by reasons for denying or granting the exception. substantial evidence. (Ord. 1159 § 6, 1990; Ord. 4. Exceptions shall be granted by notice to the 1032 § 2 (part), 1985) applicant containing all necessary conditions, including a time limit on the permitted activity. 9.12.110 Enforcement. The exception shall not become effective until all A. Prima Facie Violation. Any noise exceed- conditions are agreed to by the applicant. Non- ing the noise level limits for a designated noise compliance with any condition of the exception zone as provided in Table 1 of Section 9.12.060 shall terminate the exception and subject the and Table I of Section 9.12.070 of this chapter or person holding it to those provisions of this chap- the prohibited actions as provided in Section ter for which the exception was granted. 9.12.050 of this chapter, shall be deemed to be 5. An exception will not exceed three hun- prima facie evidence of a violation of the provi- dred sixty-five days from the date on which it was sions of this chapter. granted.Application for extension of time limits B. Violations: Infractions.Any person violat- specified in exceptions or for modification of ing any of the provisions of this chapter shall be other substantial conditions shall be treated like deemed guilty of a infraction. Each hour such 190-7 (San Luis Obispo 7.90) 2 - ! Z 9 9.16.010-9.16.030 violation is committeed or permitted to continue any weapon or device capable of catapulting, shall constitute a separate offense and shall be dispelling or discharging any projectile, missile punishable as such. or object of any type. (Prior code § 4285) C. Abatement Orders. 1. In lieu of issuing a notice of violation as 9.16.020 Dangerous and deadly weapons— provided for in subsection B of this chapter, the Discharge prohibited. noise control office(r) or police department It is unlawful for any person to fire, discharge responsible for enforcement of any provision of or cause to be emitted any projectile, missile or this chapter may issue an order requiring abate- object from any dangerous or deadly weapon in meat of a sound source alleged to be in violation, the city, unless the person has first obtained per- within a reasonable time period and according to mission in writing from the chief of police, and guidelines which the noise control office(r) may then only in compliance with all the conditions prescribe. contained in the permit. This section does not 2. No compliant or further action shall be apply to any peace officer or member of the taken in the event that the cause of the violation Armed Forces of the United States in the dis- has been removed, the condition abated of fully charge of his duty or to the discharge of a dan- corrected within the time period specified in the gerous or deadly weapon at any rifle, pistol, written notice. (Ord. 1032 § 2 (part), 1985) sports or testing range approved by the chief of police. (Ord. 971 § 1, 1983: prior code § 4285.1) Chapter 9.16 9.16.030 Dangerous and deadly weapons— Use in violation of Section 9.16.020 WEAPONS declared a nuisance—Disposition of weapon. Sections: Any dangerous or deadly weapon used in vio- 9.16.010 Dangerous and deadly lation of Section 9.16.020 is declared'to be a weapons—Defined. nuisance and the same shall be taken from the 9.16.020 Dangerous and deadly person violating said section,and surrendered to weapons—Discharge the chief of police, and shall be destroyed or prohibited. otherwise disposed of, as provided by the provi- 9.16.030 Dangerous and deadly sions of Section 12028 of the Penal Code of the weapons—Use in violation of state. (Prior code § 4285.2) Section 9.16.020 declared a nuisance—Disposition of weapon. Chapter 9.20 9.16.010 Dangerous and deadly weapons— MISCELLANEOUS PROHIBITIONS Defined. The term "dangerous and deadly weapon"as Sections: used in the ordinance codified in this chapter 9.20.010 Fortunetelling. includes, but is not limited to, any revolver, 9.20.020 Automatic calling devices. pistol, shotgun, rifle or firearm which may be 9.20.030 Regulation of vehicle use upon used for the explosion of cartridges, and any air private property. gun, "B-B" gun, gas-operated gun, spring gun, 9.20.040 Cardrooms. slingshot,hunting bow and arrow,blow gun,and 9.20.050 Urination in public. (San Luis Obispo 7.90) 190-8 Z - r3 12.16.050-12.16.060 12.16.050 Installation or reimbursement ship or serve no useful purpose. (Ord. 1132 § 2, required when—Exceptions. 1989: prior code § 7330.8) Whenever any building is constructed on or moved onto any parcel of real property in the 12.16.055 Reimbursement. city,or whenever existing buildings are altered or The owner or developer who installs improve- expanded in excess of fifty percent of the value of meats which abut property other than that being such building as determined by the chiefbuilding developed may be reimbursed as provided in official, it is required, except as hereinafter pro- Section 16.44.091 of this code. (Ord. 1132 § 3, vided,that a standard concrete curb,gutter,side- 1989) walk and street pavement as determined by council resolution be installed on all street front- 12.16.060 Appeals. ages of such property by the owner of such prop- An appeal of a decision of the director shall erty or the person in possession of the property follow the procedre set out in Chapter 1.20 ofthis prior to granting of occupancy or final approval, code. (Ord. 1132 § 4, 1989: prior code § 7330.9) The council shall establish by resolution from time to time relevant standards and special requirements for such improvements.In the case Chapter 12.20 of the construction of a garage or other structure, which by its nature requires the construction of a PARK REGULATIONS driveway ramp,the street improvements directly related to the construction must be installed Sections: unless a waiver is obtained from the director and 12.20.010 Title. community development director. It is unlawful 12.20.020 Definitions. for any person to occupy or use such buildings 12.20.030 Compliance with regulations prior to the installation of the required curb, required. gutter and sidewalks unless a certified check or 12.20.040 Rules and regulations applicable cash in the amount to be fixed by the director is in city parks. deposited with the city to guarantee such installa- 12.20.045 Authority to close. tion. In the case of structures which are already 12.20.050 Reservation of park areas and occupied and which, due to the extent of the structures. construction, require the installation of street 12.20.060 Transfer of permits or improvements,the owner or developer shall post reservations—Written consent (prior to issuance of the building permit)a bond required. or other security in a form acceptable to the city 12.20.070 Appeal—Hearing—Council's attorney in an amount equal to the cost to install determination to be final. the street improvements. The bond may be 12.20.080 Fees and deposits. released when the improvements are accepted by 12.20.090 Insurance required—When. the city and prior to the completion of the build- 12.20.100 Duty to leave closed or reserved ing construction. In the event the improvement areas. is not so completed, then the city may use all or 12.20.110 Enforcement. any portion of said bond to complete the installa- 12.20.115 Consumption of alcohol tion. unlawful. Exceptions: The director and the community development director may defer or temporarily waive all or portions of these requirements if they jointly agree that they will cause extreme hard- 241 (San Luis Obispo 7-89) 12.20.010-12.20.040 12.20.010 Title. which is publicly maintained and open to the use The ordinance codified in this chapter shall be of the public for purposes of vehicular travel.All known as the Park Ordinance of the city. (Prior violations of the Vehicle Code shall be enforced code§4226) and prosecuted in accordance with the provi- sions thereof. 12.20.020 Definitions. 2. Surfaces Other than Roads for Public Use. The following words shall have the meaning No person shall'drive or otherwise operate a indicated when used in this chapter. vehicle in a city park, and no person shall ride a A. "Amplified sound" means music, sound bicycle (as defined in the California Vehicle wave,vibration or speech projected or transmit- Code) in a city park, upon surfaces other than ted by electronic equipment, including ampli- those maintained and open to the use of the fiers. public for purposes of vehicular travel, except B. "Director"means the directorofparks and upon temporary parking areas as may be desig- recreation, his assistant, or other person autho- nated from time to time by the director, and rized by him,pursuant to law,to act in his stead. further excepting vehicles in the service of the C. "Park"means any park, reservation, play- city. ground, beach, recreation center or any other B. Solicitation Prohibited. No person shall area or structure maintained and operated by the practice, carry on, conduct or solicit for any city parks and recreation department. occupation, business or profession in any city D. "Permit" or "reservation" means written park or building, or sell or offer for sale any authorization for exclusive use of parks or build- merchandise, article or anything whatsoever. ings, or portions thereof, as provided for and This subsection shall not apply to any person defined in this chapter. acting pursuant to a contract with the city or E. "Vehicle"means any device by which any under an authorization granted by the directors person or property may be propelled, moved or of parks and recreation. drawn, excepting a device moved by human C. Prohibition of Animals in Park.No person power. (Prior code §4226.1) shall cause,permit or allow any animal owned or possessed by him or any animal in his care, cus- 12.20.030 Compliance with regulations tody or control to be present in the park except: required. 1. Equine animals being led or ridden under No person shall enter, be or remain in any reasonable control upon any bridle paths or trails park unless he complies at all times with all of the provided for such purposes; regulations set forth in this chapter applicable to 2. Equine or other animals which are hitched . such park and with all other applicable laws, or fastened at a place expressly designated for ordinances, rules and regulations. (Prior code § such purpose; 4226.2) 3. Dogs or cats when led by a cord or chain not more than six feet long, or when confined within 12.20.040 Rules and regulations applicable in the interior of a vehicle; city parks. 4. Dogs which have been specially trained and The following rules and regulations apply in are being used by blind or disabled persons to aid all parks in the city,unless expressly stated other- and guide them in their movements; wise elsewhere in this chapter. 5. Small pets which are kept on the person of A. Operations of Vehicles and Bicycles. the possessor at all times; 1. Roads for Public Use.The provisions of the 6. In connection with activities authorized in California Vehicle Code are applicable in the city writing by the director, parks upon any way or place of whatever nature clan Luis Obispo 7-89) 242 2 - � S - 12.20.040 7. Animals in the park for grazing purposes pursuant to an agreement approved by the coun- cil. D. Duty to Care for Animals. It shall be the mandatory duty of all persons owning, possess- ing, in control of, or otherwise responsible for a dog, a cat, or an equine animal in a city park to promptly collect, pickup and remove all fecal 242-1 (San Luis Obispo 749) 12.20.045-12.20.050 matter left by the animal in or upon the park; charge of the assembly, or any other person provided,however,that this subsection shall not appearing to be involved in the production of apply to animals properly in the park under the the sound, to immediate reduce the level provisions of subsections Cl, C2 and C7 of this thereof. section, or to guide dogs for blind or disabled If the sound is not reduced within five min- persons. utes to a level satisfactory to the officer, he shall E. Amplified Sound in City Parks. immediately disconnect all amplifiers from the I. Purpose. The council enacts this legisla- power source provided by the park department. tion for the sole purpose of securing and pro- If the sound is reduced to a level satisfactory to moting the public health, comfort, safety and the officer,and he thereafter finds that the sound welfare of its citizenry. While recognizing that level appears to have again been increased, he certain uses of sound amplifying equipment are shall then disconnect all amplifiers from the protected by the constitutional rights of free- power source provided by the park department. dom of speech and assembly, the council nev- 5. The council shall by resolution adopt stan- ertheless feels obligated to reasonably regulate dards prescribing staffs discretion in issuing the use of sound amplifying equipment in order permits for sound amplifiers, such standards as to protect the correlative constitutional rights of recommended by the city attorney. the citizens of this community to privacy and F. Presence in Parks During Certain Hours freedom from the public nuisance of loud and Prohibited. No person shall enter, remain, stay unnecessary sound. or loiter in any public park between the hours of 2. Permit Required for Amplifiers. It is ten p.m.and five a.m.of the following day with- unlawful for any person to install, use and oper- out approval from the director. (Ord. 1001 § 1, ate within a park a loudspeaker or any sound 1983; Ord. 976 § I, 1983: prior code § 4226.3) amplifying equipment for the purposes of giving instructions,directions,talks,addresses and lec- 12.20.045 authority to close. tures,or'of transmitting music to any persons or Any section or pan of a park may be declared assemblages of persons in the park, or in the closed to the public by the director at any time vicinity thereof, except when installed, used or and for any interval of time, either temporarily operated in compliance with one of the follow- or at regular and stated intervals(daily or other- ing provisions: wise), and either entirely or merely to certain a. By authorized law enforcement, fire uses, as the director finds reasonably necessary. department or park and recreational personnel; (Ord. 1001 § 2, 1983: prior code § 4236.12) b. Under a reservation or a permit issued by the director. and when operated in accordance 12.20.050 Reservation of park areas and with the terms of the reservation or permit. structures. 3. Power Source for Amplifiers. Amplifiers A. Reservation for Park and Recreation permitted in parks shall be operated only Department Activities. The director shall be through a power source provided by the park responsible for scheduling and controlling the department. use of parks, or portions thereof, for the max- 4. Regulation of Amplified Volume. If, at imum benefit and participation by interested any time,the police department determines that persons and groups, both public and private. the sound produced by an amplifier in the park Activities sponsored by the park and recreation is unreasonably interfering with other persons department shall be given preference in the use using the park or with nearby residents in the of city parks. comfortable and reasonable enjoyment of their B. Reservations Without Formal Permits. premises, an officer shall request the person in Persons who desire to use park areas or struc- 243 (San Luis Obispo 7-84) 2 - f7 12.20.060-12.20.070 tures for gatherings or assemblies of less than cant to provide additional water and sanitary fifty persons may request the director to reserve facilities and refuse receptacles as he reasonably designated park areas for such use. believes to be necessary for the protection of the If the director is satisfied from the informa- public health, safety and welfare in connection tion presented to him that the desired area may with the intended use. be reserved for the intended use without unrea- 4. The director may require the applicant to sonably interfering with the use of the park by provide a designated number of approved other persons, and without disturbing the peace security personnel for the puropses set forth by of the surrounding neighborhood,he may grant the chief of police upon such application. the reservation upon such conditions as he 5. The applicant shall agree to reimburse the deems necessary.The director will issue reserva- city for any unusual cleanup and facility repair tion forms as necessary to verify the granting of expenses incurred as result of the activity autho- such reservations. rized by the permit. (Prior code § 4226.4) If, for any reason, the director is not satisfied as to the reasonableness of the proposed activity 12.20.060 Transfer of permits or in relation to the use of the park by other per- reservations—Written consent sons, or as to the effect of such use upon the required. peace of the neighborhood, or if he finds that he No permit or reservation for the use of a park. is unable to agree with the applicant as to the or any portion thereof, shall be transferable conditions to be imposed, he shall ask the appli- without a written consent of the director. (Prior cant to fill out a request for formal permit in code § 4226.5) accordane with the procedures of subsection C of this section. 12.20.070 Appeal—Hearing—Council's C. Reservations by Formal Permits. The fol- determination to be final. lowing procedures shall be followed by persons Any person aggrieved by any act ordetermin- desiringto reserve park areas for gatherings or ationoftheparkdirectororthe chief ofpolice in assemblies of fifty or more persons and by per- the exercise of the authority herein granted shall sons requested by the director to complete a have the right to appeal to the council. The request for formal permit under the provisions appeal shall be in writing, stating the decision of subsection B of this section. appealed from and the reasons for the appeal. 1. Applications fo-r formal permits must be The appeal shall be filed with the city clerk submitted in writing upon forms available at the within five working days after the occurrence of office of the city park and recreation depart- the act or determination forming the basis for ment. not less than five working days nor more the appeal. The appeal shall be heard by the than ninety calendar days in advance of the council at the first regular council meeting intended use. occurring more than five days after the filing of 2. The director may impose such reasonable the appeal. Appellant may, at his expense. conditions upon the issuance of the formal per- request that the hearing be transcribed,in which mit as he deems necessary for the protection of event appellant shall pay a fifty dollar minimum the public health. safety and welfare, including, deposit for the services of the reporter at the without limitation. conditions related to: time, time of filing the appeal. Any unused portion of place, frequency, duration, consumption of the deposit shall be refunded to the appellant. alcoholic beverages, maximum attendance. The decision of the city council upon the appeal parking restrictions. and placement of permit- shall be final. (Prior code § 4226.6) ted apparatus and equipment. 3. The director may also require the appli- (sm Luis Obispo 7-64) 244 12.20.080-12.20.115 12.20.080 Fees and deposits. persons shall have the powers and duties of a Fees or deposits required in connection with deputy poundmaster for the purposes of enforc- the issuance of a reservation or permit shall be ing the city's animal-control regulations(Title 6 paid at the time of such issuance. The fees or of this code) within city parks. For the purposes deposits may include, without limitation, such of such enforcement, the personnel are autho- amounts as may be determined by the director or rized to arrest persons and issue citations in the chief of police to be reasonably necessary as accordance with the provisions of Government security for repair of damage to park property, Code Section 36900. (Prior code § 4226.10) for cost of cleanup, and for extra personnel to regulate conduct and traffic. (Prior code § 12.20.115 Consumption of alcohol unlawful. 4226.7) Except as specifically provided in this chapter, it shall be unlawful for any person to consume 12.20.090 Insurance required—When, any alcoholic beverage in the following parks or Any person or group imposing admission park areas: charges for activities held within city parks shall A. Mission Street and Vista del Lago Playlots; provide evidence of current insurance holding B. Throop Park; the city harmless from any liability for injury to C. Santa Rosa Park, except for. persons or property resulting from the activity. 1. An activity conducted pursuant to a valid The minimum amount of such insurance shall reservation for a group barbeque area, and be determined by the city clerk.This section shall 2. Any portion of the park northeast of Barbe- not apply to activities sponsored by the park que Area No. 2; department for which a charge is imposed to help D. Mission Plaza, except for special events defray the cost of the activity. (Prior code § specifically authorized and scheduled by the 4226.8) director, E. Mitchell Park, except for an activity con- 12.20.100 Duty to`leave closed or reserved ducted pursuant to a valid reservation for the areas. fenced courtyard area adjacent to the Senior It shall be the duty of all persons to leave a park Center, area for which a valid reservation or permit has F. Johnson Playground, except for activities been issued to any other person or group, or conducted pursuant to a valid reservation; which has been closed by the director under Sec- G. San Luis Obispo Swim Center, tion 12.20.045 of this chapter,whenever directed H. Meadow Park, the portion thereof known to do so by the permittee or by authorized police as the Exposition Green Belt and the children's or park-personnel. (Ord. 1042 § 2, 1985: prior playground apparatus and fenced pre-school code§ 4226.9) area. I. Laguna Lake Municipal Golf Course, 12.20.110 Enforcement. except for activities conducted pursuant to a A. The police department shall have the pri- valid reservation for the clubhouse barbeque maty responsibility for the enforcement of the area; provisions of this chapter, including all vio- J. In or close proximity to any public rest- lations for state law occurring within city parks. room facility; except for an activity conducted B. In addition, all personnel in the park and pursuant to a valid reservation for a single pur- recreation department and all public services pose activity area which is capable ofbeing closed department personnel in the parks division shall to the general public. (Ord. 1066 § 1, 1986: Ord have the duty to enforce the provisions of Sec- 1042 § 2, 1985) tions 12.20.040 and 12.20.050, and all of such 245 (San Luis Obispo 7-90) PARK USE PERMIT Recrea _ .i & Parks Department 860 Pacific Street San Luis Obispo, CA 93401 (805) 549-7300 YNERAL. Name Date (Print) last first initial Address Phone home city state zip work EVENT INFORMATION: ORGANIZATION NAIVE EVENT DATE 19 HOURS AM to AM PM PH (please include preparation& clean-up time) EVENT TYPE (BBQ, dance, meeting, show, etc.) ESTIMATED ATTENDANCE: WILL ALCOHOL BE SERVED ( )YES ( )NO AMPLIFIED MUSIC ( )YES ( )NO SITE INFORMATION: (please check the appropriate site) _ Santa Rosa # 1 Johnson Park Mission Plaza Mission Plaza $15.00 $20.00 $35.00 Broad St. Closed $50.00 Santa Rosa # 2 Meadow Park Sinsheimer Mission Plaza $15.00 $15.00 $20.00 Full set-up $65.00 Cancellation fee: $5.00 Rey deposit for BBQ Pit - $5.00 Received ( )YES ( )NO Liability Insurance Required ( )YES ( )NO AGREEMENT FOR USE OF CITY PROPERTY: The undersigned, herein known as the applicant, understands and agrees that he/she or the organization that he/she represents shall assume all risks for loss, damage, liability, injury, cost or expense that may occur during or as a result of the use listed above; the applicant further agrees that in consideration of permission to use the City property above; he/she or the organization will same, defend, and hold the City of San Luis Obispo and/or their employees free and harmless from any Ioss, claims, liability or damages, and/or Injuries to persons and property that in any way may be caused by the applicants use or occupancy of said property, the applicant further agrees to be personally responsible for any damage sustained to the grounds, building, fixtures, or equipment, as a result of their use of City property. The applicant further certifies that he/she has read the rules on the and agrees to abide by them. SIGNATURE ' nEPARTMENT APPROVAL - Office Use Only Conditions: 1. FEE SUMMARY: 2. Fees: $ 3. Deposits: $ DEPARTMENT SIGNATURE DATE APPROVED 7 -Z0 ►►►��►���u��,�hi ►���►�I!i!III���'111°►���� IIIII� I city of sAn lois oBispo 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 934038100 becember 10, 1986 The Spindle Restaurant 778 Higuera Street San Luis Obispo, CA 93401 SUBJECT: Use Permit Appl. A 137-86 778 Higuera Street On Friday, December 5, 1986, I conducted a public hearing on your request to allow outdoor entertainment, at the subject location. After reviewing the information presented, I approved your request, based on the following finding and subject to the following conditions and code requirements: Findings 1. The proposed use will not adversely affect the health, safety and welfare of persons residing or working on the site or in the vicinity. 2 . The use is appropriate at the proposed location and will be compatible with surrounding land uses. 3 . The proposed use conforms to the general plan and meets zoning ordinance requirements. 4. The proposed use is exempt from environmental review. Conditions 1. At any time the Hearing officer may review the use permit if written complaints from citizens or the Police Department are received by the Community Development Department. The Hearing Officer may add, delete or modify conditions of approval or may revoke the use permit. 2. Amplified music shall be limited to between the hours of 12 noon and 6 p.m. , Monday through Saturday during the months of June, July, August and September; from noon to 4 p.m. on Sundays; and from 12 noon to 5 p.m. Thursday, Friday and Saturday only, durin, the remainder of the year. 3. The applicant shall limit amplification levels to 75 decibles at all times at the property line. 2 - 2 A137-86 Page 2 Code Recuirements 1. Musicians and patrons of the restaurant shall not use the adjacent lot for unloading or parking of any vehicles until and unless the spaces are not needed for any other use and the adjacent property owner allows it. 2 . The applicant must meet the parking requirement for the C-C zone for the expanded outdoor dining area. My decision is final unless appealed to the Planning Commission within ten days of the action: An appeal may be filed by any person aggrieved by the decision. If the use or structure authorized by this use permit is not established within one year of the date of approval or such longer time as may be stipulated as a condition of approval, the use permit shall expire. See Municipal Code Section 17.58. 070.D. for possible renewal. If you have any questions, please call Judy Lautner at 549-7166. Sincerely, Ken Bruce Hearing Officer drs cc: Casey Patterson 1346 Pismo Street San Luis Obispo, CA 93401 Evans Namen 2460 W. Menlo Fresno, CA 93705 Z - ZZ a tcy of sAn loBispo 990 Palm Street/Post Office Bo: 8100 • San Luis Obispo,CA 9340-8100 December 11, 1985 Sabastians Restaurant c/o Paul Sanford 1023 Chorro Street San Luis Obispo, CA 93401 SUBJECT: Use Permit Appl. A 140-85 1022 Chcrro Street Dear Mr. Sanford: On Friday, December 6, 1985, I conducted a public hearing on your request to allow live entertainment in patio of restaurant, at the subject location. After reviewing the information presented, I approved your request , based on the following findings and subject to the following conditions: findings 1. The proposed vse will not adversely affect the health, safety and weleare of persons residing or working on the site or in the vicinity. 2. The use is appropriate at the proposed location and will be compatible with surrounding land uses. 3. The proposed use conforms to the general plan and meets zoning ordinance requi"ements. 4. The proposed use is exempt from environmental review. Conditions 1.. Entertainment shall be limited to vocal and instrumental performances which conform to the city's Noise Control Regulations. 2. No ot.+tdoor live entertainment shall .occur on the premises between the hours of 10 p.m. and 7 a.m. 3. There shall be no amplified musical instruments or recordings used on the outdoor patio area. Vocals may be amplified. Y•• ...._- ._. .�.. _. �.._ ....--.ter•... rw .����. -..__.._ -.. __ _�.� � _..� �.. 1 (,%ty � * c� of'sAn - hues ot��s o y 40Q f O COUNCIL HEARING ROOM 0 CITY HALL 6 990 PALM STREET • SAN LUIS OBISPO 'S a ,its O� "Item to come back to Council 'Denotes action by lead-person No asterisk-information only AGENDA A ADJOURNED MEETING OF THE CITY COUNCIL MONDAY, MAY 13, 1991 - 7:00 P.M. COUNCIL HEARING ROOM - CITY HALL CALL TO ORDER: Mayor Ron Dunin ROLL CALL: Vice Mayor Bill Roalman, Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss and Mayor Ron Dunin ssssssa«•«•ss«ssssessassssssssesssssssss«•sss*ssssssssssssssssssssssssssessses PUBLIC COMMENT PERIOD (Not to exceed 15 minutes) M 71 Immediately following roll call, members of the public may address the City Council on items that DO NOT appear on the printed agenda. Please observe the time limit of three minutes. A speaker slip (available in the Foyer) must be filed with the City Clerk prior to the beginning of the meeting. As a general rule, action will not be taken on issues not listed on the agenda. Staff will generally be asked to follow-up on such items. The Council is interested in hearing from 1 the public regarding issues or concerns of the community and welcomes your input. PC-1 Brett Cross, 1217 Mariner's cove, stated a meeting is being held on Wednesday to review ` the Laguna Lake Master Plan STUDY SESSION« « •ss::«::««««::«__«*«««ss:«: i 1. PRELIMINARY 1991-93 FINANCIAL PLAN (STATLER/233 - 3 hrs.) a Continued consideration of the Preliminary 1991-93 Financial Plan (continued from 4/29/91). RECOMMENDATION: Discuss and consider the Preliminary Financial Plan for 1991-93. (Brief agenda report to be sent out under separate cover.) (Please bring Draft Capital Improvement Plan from 4/29/91 meeting. Discussion will begin on Page 35 under Transportation, "Streets - Pavement." Page 1 of 2 t Council Agenda May 13, 1991 FINAL ACTION. Staff directed to report back on Proposition #116 grant funding available in connection with the Omutt Road widening project. Staff to submit S ATLER** schematic plans or a model for O=u Rd widening including median landscaping, Class I options, and br7lboard removal City Administrative Officer to report back on the status of the bikeway program and staffing coordination efforts. Staff directed to report back on providing shade and non-skid element at Sinsheimer Pool Center. sssssssrrssrrasssassssrsassassssrsasrsssarssrsssssrsrsssasssss*ssrersasssssass COMMUNICATIONS (Not to exceed 15 minutes) During the balance of this meeting, any Councilmember, Commissioner or the City Administrative Officer may informally update the City Council of written or oral communications and ask for comment and/or discussion. State law provides that Council take action only on such matters which have been noticed at least three days in advance of the meeting unless special circumstances are found to exist. Formal action or approval is not preferred and such items should be continued to the next Regular meeting. COMM. I TASK FORCE AGREEMENT - SB 2,55 Councilwoman Rappa reported on Task Force Agreement reached concerning SB 2557 and County collection of jail booking fees and property tax administration fees meeting to be held Tuesday, May 14, at 9:00 am. for resolution The City Council was encouraged to attend COMM. 2 CONTRIBUTION TOA CHILDREN AT RISK QNFERENCE Councilman Reiss requested Council support to contribute $1,000 to a children at risk conference sponsored by the Juvenile Justice and Delinquency Prevention Commission. Upon general consensus, Council concurred with request and staff directed to identify funding availability. COMM. 3 ATTENDANCE FOR ADVISORY BODY MEMBERS Councilwoman Pinard requested reaffirmation of City Council Policies to remove Advisory Body members who mus the allotted six regular committee meetings in a one year period Council subcommittee liaisons' recommendation supported COMM. 4 SOUND AMPLIFICATION Councilwoman Pinard requested an amendment to the Noise Ordinance to provide a 30 day use permit which automatically renews if there are no noise problems No action was taken A. ADJOURNED TO TUESDAY, MAY 14, 1991 AT 7:00 P.M. Page 2 of 2 .,* cityisof sAn tuis ,'mispo tn o00 h O COUNCIL HEARING ROOM a CITY HALL • 990 PALM STREET • SAN LUIS OBISPO o 0 � u ,/IS 0� AGENDA ADJOURNED MEETING OF THE CITY COUNCIL MONDAY, MAY 132 1991 - 7:00 P.M. COUNCIL HEARING ROOM - CITY HALL CALL TO ORDER: Mayor Ron Dunin ROLL CALL: Vice Mayor Bill Roalman, Councilme Pam's Agenda Rappa, Jerry Reiss and Mayor Ron Distribution List I. Unpaid Subscriptions: (All mtgs.unless o/w noted) - AIA President . :ssss«s:ssasass«ss:::ssss«ssss«ss«sssssssssssssssssss«ss — ASI President PUBLIC COMMENT PERIOD - KCOY —KCPR (Not to exceed 15 minutes) _ KDDB _K= Immediately following roll call, members of the public may, ad&I -MS on items that DO NOT appear on the printed agenda. Please c - KSBY three minutes. A speaker slip (available in the Foyer) must be - KVEC prior to the beginning of the meeting. -League of women voters As a general rule, action will not be taken on issues not listed c -Mustang Daily generally be asked to follow-up on such items. The Council is ' - Pacific Gas & Elec,Co. g y p -SLO Area Coordinating Council STATE Of cALtdAzRublic r¢garding issues or concerns of the community and weTelegram-Tribune COUNTY OF SAY LUIS OBISPO ) SS CITY OF SAND LUIS 01ISPO ) II.Subscriptions Paid / I declare under u.:naitj of perjury that I ani employed Envelopes Provided: by the city of San Luis Obispo in the city clerk's (all mtgs.) : Department; and that I posted this Agenda near the -Pac.Bell Right of Way Office front door of*0403Nalheats 7 «sssssses«srsrsssssss«ss«ssssssssssss«ssss«saws« 7 / Y SESSION Dat ignature 1. PRELIMINARY 1991-93 FINANCIAL PLAN (STATLER/233 - 3 hrs.) Continued consideration of the Preliminary 1991-93 Financial Plan (continued from 4/29/91). RECOMMENDATION: Discuss and consider the Preliminary Financial Plan for 1991-93. (Brief agenda report to be sent out under separate cover.) (Please bring Draft Capital Improvement Plan from 4/29/91 meeting. Discussion will begin on Page 35 under Transportation, "Streets - Pavement." Page 1 of 2 Y Council Agenda May 13, 1991 ffffif ffiff#f#fffRif ii Riti R#iR;ff;iiiiii;ffiff;ttf tf;fiti Rf if if ii Rf ii;iff;iifi COMMUNICATIONS (Not to exceed 15 minutes) During the balance of this meeting, any Councilmember, Commissioner or the City Administrative Officer may informally update the City Council of written or oral communications and ask for comment and/or discussion. State law provides that Council take action only on such matters which have been noticed at least three days in advance of the meeting unless special circumstances are found to exist. Formal action or approval is not preferred and such items should be continued to the next Regular meeting. A. ADJOURN TO TUESDAY, MAY 14, 1991 AT 7:00 P.M. Page 2 of 2