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HomeMy WebLinkAbout4534-4549M RESOLUT.ION NO. 4549(1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY.OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO AGREEMENT BETWEEN THE CITY (AND VARIOUS CITIES AND COUNTIES IN CALIFORNIA,,SEE ATTACHED AMENDMENT) AND BOYD, JANUTA & KARP FOR.EMPLOYMENT OF LEGAL COUNSEL BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1.. That certain amendment to agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo (and various cities and counties in California), and Boyd, Januta & Karp is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Boyd, Januta & Karp; City Finance Director. On motion of Councilman Dunin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Bond, Dovey and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted'this 21st day of July , 1981. ATTEST: ��L-04 v CI CLERK PAM VOG Approved: -,�o&'Mf gteajftv�e Officer City Attorney F nance Directo 1- R 454:9 AMENDMENT TO AGREEMENT FOR EMPLOYMENT OF LEGAL COUNSEL This Agreement, dated July 21, 1981 , by and between the County of Monterey, County of Mendocino, County of San Luis Obispo, County of San Mateo, County of Santa Cruz, County of Santa Clara, County of Marin, County of Santa Barbara, County of Sonoma, County of Humboldt, City and County of San Francisco, City of Santa Barbara, City of Morro Bay, City of Santa Monica, City of San Luis Obispo, City of Pismo Beach, City of Los Angeles, City of Del Mar, and City of Capitola, City of Santa Cruz, City of Seaside, City of Brisbane, City of Carmel-by- the-Seal-Association of Monterey Bay Area Governments, hereinafter collectively designated "Parties" and Boyd, Januta & Karp, hereinafter designated "Attorneys ": W I T N E S S E T H: WHEREAS, the parties have heretofor employed counsel to represent them in connection with the lawsuit entitled "State of California, et al. v. James G Watt, et al., United States i District Court, for the Central District of California, Civil Action No. 81- 2080MRP(MX); and WHEREAS, Counsel has done so and a preliminary injunction has been issued-in said proceeding; and WHEREAS, the Judge has directed the parties to file cross motions for summary judgment; and WHEREAS, the Department of Interior and the oil industry defendant have each filed motions for summary judgment against the parties plaintiff; and 1 WHEREAS, the oil industry defendants have additionally filed a Motion to Dismiss solely against these Cities and Counties; and WHEREAS, the parties wish to employ attorneys for the purpose of representing them in connection with said cross - motions for summary judgment, the Motion to Dismiss, and all other necessary and appropriate proceedings in connection with said motions. NOW, THEREFORE, the parties hereby agree as follows: (1) The Agreement between the parties is hereby amended by the addition of the following two.paragraphs: 6. Attorneys shall'represent the parties in connection with all proceedings in the referenced action through and including any appeal to the United States Ninth Circuit Court of Appeals, and in connection therewith shall file all such documents and make all such appearances as are required or adviseable, until all proceedings in said action are completed and either a. A final judgment has been entered in the United States District Court and the time for appeal from such judgment has expired, or b. A decision has been issued by the Ninth Circuit Court of Appta3s in the event an appeal is taken by either side from the District Court's judgment. 7. The parties shall compensate attorneys for the services to be rendered under paragraph 6 above, at the 2 rate of $90.00 per hour, with the total compensation not to exceed a maximum as follows: a. $20,000 plus $2,500 in actual costs, through the conclusion of all proceedings before the United States District Court, up to and including final judgment or the filing of a Notice of Appeal to the Ninth Circuit Court of Appeals, whichever becomes applicable; b. $10,000 plus actual costs of preparing the record on appeal and the printing of briefs and up to $2,000 of costs other than the costs of the record and briefs, for representation through an appeal before the Ninth Circuit. (2) In all other respects the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above w-:itt-en. County o County o County of County 3 ti t 'LuLt � i y of San Luis Obispo ty o City of City of me County of City of County of County of County of County of County of" County of County of County of County of 4 City of City of City of City of City of City, of ty o City of City of Resolution No. '4548 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO ADOPT THE APPROPRIATIONS LIMIT FOR THE 1981 -82 FISCAL YEAR BE IT RESOLVED by,the Council of the City of San Luis Obispo that pursuant to Article XIIIB of the Constitution, and Section 7900 of the Government Code, the appropriations limit for the 1981 =82 fiscal year is established at: $11,212,722. (see schedules attached) On motion of _Councilman Settle seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembers Settle, Bond, Dovey and Mayor Billig NOES: Councilmember Dunin ABSENT: None The foregoing Resolution was passed and adopted this 21st 19 81 ATTEST: 'j CITY VERK PAM tOGtS APPROVED: /.- /z / ei City(Adm' istrative Officer day of July R 4548 .. CITY OF SAN LUIS OBISPO 1978/79 BASE YEAR APPROPRIATIONS & 1981/82 APPROPRIATIONS LIMIT General Fund General Fund Reserve Facilities Reserve Equipment Replacement Reserves Municipal Bus Subsidy Library Fund Library Reserve Park and Recreation Park In Lieu Reserve Equipment Replacement Reserves Business Improvement Area Gas Tax (2106/2107) SB 325 Municipal Bus Subsidy Handicap Transit Subsidy Revenue Sharing Capital Outlay Less Enterprise Reimbursement Capital Reserve Appropriation Total Base -Year Appropriations (78 -79) Less Non - Proceeds of Taxes (Schedule II) 5,830,397 1,000 61,911 127,463 88,746 9,980 20,000 793,407 15,150 16,960. 698,220 173,000 35,000 1;808,161. (545,230) 100,000 Appropriations Subject to Limit Base -Year (78 -79) Calculated Rate.,of Increase Allowable (Schedule III) 1981 -1982 Limitation Schedule I 6,109,5I7: 29980: 825,517 42,000 477,500 906,220 804,389 1,362,931 10,558,054 2,337,583 8,220,471• 11,212,722 CITY OF SAN LUIS OBISPO 1978/79 BASE YEAR REVENUES Proceeds Non - Proceeds Distributed of Taxes - 6f'.Taxes Interest General Fund Taxes: Property Taxes 467,737 Sales and Use 2,385,036 Transient Lodging 434,409 Franchise Taxes 202,319 Business License Tax 225,293 Property Transfer Tax 38,839 Utility Users 881,503 Licenses & Permits: Construction Permits 75,289 Other 2,785 Fines, Forfeits & Penalties 24,797 Subventions & Grants: Alcoholic Beverage Fees Motor Vehicle In Lieu Trailer Coach In Lieu Other State Grants: Bail Out PUC Other Federal Grants Other In -Lieu Taxes 19,569 499,383 27,056 250,219 4,981 8,367 6,948 23,902 Charges for Services: Zoning Fees 45,444 Subdivision Fees 10,1.91 Sales of Pubs 6,600 Police Service 7,230 Fire Service 213 Plan Check Fees 34,501 Engineering & Inspection 80,216 Abatements 5,679 Other Services 16,937 Other Misc. 127,211 Library Fund Property Taxes 20,782 Schedule II (Page 1) 101 Traffic Safety Fund Traffic Fines 139,499 Parking Fines 94,762 Business Improvement Area Business License Surcharge 46,037 Other.Misc: Revenue 5,819 Gas Tax Funds Proceeds Non - Proceeds Distributed 31,309 of Taxes of Taxes Interest 519,467 Parks & Recreation Fund Revenue Sharing 2082334 Property Taxes 139,939 Capital Outlay: Construction Taxes 39,900 8,272,229 Charges for Services: 210,058 1232418 Park & Recreation Fees Cigarette Taxes 73,325 Park Concessions 8,604,082. 2,854 Golf Course Revenues i5,059 36,469 Other Park Revenue 6;058,064 15,525 Traffic Safety Fund Traffic Fines 139,499 Parking Fines 94,762 Business Improvement Area Business License Surcharge 46,037 Other.Misc: Revenue 5,819 Gas Tax Funds 6,037,282 311,881 31,309 Sales Tax SB -325 (87.84 %) 519,467 22,080 Revenue Sharing 2082334 547,097 41,188 Capital Outlay: 6,058,064 2,214,165 8,272,229 Property Tax 210,058 1232418 331,853 Cigarette Taxes 141,102 2,337,583 8,604,082. Construction..Assessments� i5,059 SUBTOTAL 6;058,064 29214,165 _ 9.4,678 Investment Earnings (see calculation below) 208,435 123,418 TOTALS 6.`266.499 2.337.583 Interest Calculation: Revenue with Inter est. Distr. _ 209782 11378,445 - 1,399,227 Interest.Distributed 101 94,577 94,678 Revenue without Int.- Distr. 6,037,282 835,120 6,873,002 Percent of .Total (87.84 %) (12.16 %) Interest Distribution 2082334 28,841 237,175 Total Revenues 6,058,064 2,214,165 8,272,229 Total Interest 208,435 1232418 331,853 TOTALS 61266,499 2,337,583 8,604,082. Schedule II (Page 2) i � r \ *Figures changed per State bulletin of 5 -1 -81 SCHEDULE III CITY OF SAN LUIS OBISPO ADJUSTMENTS TO LIMITATION - RATE CALCULATIONS 1981/82 FISCAL YEAR Figures Rate Fiscal "Year Base Data Used Calculations 79 -80 CPI Change 10.17 10:17 10.17 + 100.00 = 1.1017 Per Capita:. Income.: 12.42 100.00 Change Civ. Pop. Change *( ".34) ( 34) :(".34); +:_100.00 = 0.9966 (78 -79 Schedule,IIla) 100.00 80 -81 CPI Change 14.68 12 .11 + 100.00 = 1.1211 Per Capita Income *12.11 1.2.11 100.00 Change Civ. Pop: Change * .52 .52 .52 + 100.00 1.0052 (79 -80 Schedule IIIb) 100:00 81 -82. CPI Change 10.60 9.12 + 100.00 = 1.091.2 Per Capita Income 9.12 9.12" 100.00 Change Civ. Pop'. Change 1.03 1.03, 1.03 + 100:00 = 1.0103 (80 -81 Schedule IIIc) 100.00 79 780 1.1017 X 0.9966 1.0980 80 -81 1.1211 X 1.0052 1.1269 81 -82 1.0912 X 1.0103 = 1.1024 Rates Compounded 1.0980 X 1.1269 X.1.1024 1.3640 *Figures changed per State bulletin of 5 -1 -81 SCHEDULE III Schedule IIIa •' ATTACHMENT ANNUAL PERCENT CHANGE IN POPULATION MINUS EXCLUSIONS PURSUANT DATE PRINTED TO SECTICN 21'279 FEVENUE AND TAXATION CODE, JANUARY 197P•.AND 1.97.4 •' 04/30/61 ) ] ] ] 3 ANNUAL ) 1 -1 -7F. ] 1 -1 -79 ) TOTAL ]FERCENT CHANCE) POFULATION POPULATION ) POPULATIDt• :GUNTY j _. MINUS 1 mINUE ) MINUS 1 1 -1 -79 C ?TY EXCLUSIONS ) EXCLUSIONS ] EXCLUSIONS 1111 �111'.1171�111�11 )'+���1�'►1111�11 J1111 1 111 9 7'9111)1Y�17�11"111171 ]11111171'111111 ] ] ] SaN LUIS OFISPO ] 3.90 ] 2399353 = 1449789 1489757 ARROYO GRANDE ] 1:'1 ] 10.618 ] 109800 ) 109800 ATASCACEPC FL P',SO ;.E POPLE= 0.9:4 ) 89334 _ 8t4C4 89404 !ROVEF. CITY 4.9' ] 89290 = 59701 ) 69701 F'0 RC' FAY 1.47 ) 899`9 C. F'I MC FEACN 5.203 ] 59 ?:6. 4 ] `'93f.4 ;SAN LUIS; O6TSPO: )__,i::;:r -0 ) 349096 = ?39 ° -f'1 = 3'•9981 J J Schedule IIIa ATTACHMENT ,WXAL LER.ENT CHANCE IN PCF•ULATION MI!,US EXCLUSIONS PURSUANT DATE PRINTS^ TO SL_LTIC ;!% 2:27• FEVENUE AND TAXATION CODE• %JANUARY!1979.AND 1980{ 04/30/81 3 A N N L A L ). 1 -1 -75 1 -1 -b0 TOTAL DFLRC.ENT CHANGED POPULATION POPULATION J POPULATION Cul'NTY MINUS 7 N7NU KINUS J 1 -1 -BO C:TY EXCLUSIONS ] EXCLUSION'S J EXCLUSIONS D :t\ LUIS C•E Ir.VC _ 3.6° D 144.7A5 1`.091.'.1 1`..49175 t ;RO}o C;4N[E _ 2.70 J 109800 ] 1190 . "• 119092 CTASCADEFC 0.0 J J 15ti`•70 _ 151870 rL F %`C C'F RCrLE_ 8.48 = 8.404 J 51117' _ 5,117 C'T' 0.94 J_ 69701 ='. 897?3 897F3 -0.3L J 59051 D 51Je4 = 510Ew �jcu.. iE:Cr _ -C.�1 D 5.3E4 _ 59'I`_ J 5931`. _.C:.°FI D 33,9F.I D -411`:7 '.491`7 1 Schedule IIIb ATTACHMENT ANNUAL PERCENT CHANCE. IN POPULATION MTNUS EXCLUSIONS PUrSUANT DATE FRIN'TEC TC S -CTIJN 2. ^279 REVENUE AND TAXATION CODE* JANUARY 15ED� AND ,.19F1..;� D4lz0 /t ?? 1111111111111111111 \111111 111111111 1111111111111 .1111�.111111111111� 1111'\111111111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 \ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ANNUAL 1 -1-FQ J 1 -1 -81 J TOTAL 7F[RCENT CHANGE? POPULATION. J FOFULATION POPUL4T10% COUNTY PLNU`• 3 1- ,1NU'. D FSINUS D 1 -1 -81 CITY I EXCLUSIOW EXCLUSTCNS ? EXCLUSIONS 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1.1 111 1 j 1 1 11 1 1 11 1 1 1 1 1 1 SAN LUIS OEI`FC 3.00 ; 150 031 1`49E'7 ir'N►P,F° CPROYO GFANDF _ 4.63 _ 119092 114L26 _ 11962h LTASCA -ERC• 7 1.69 3 159fi70 IE917C _ 169171i EL Pier: iE RIFLE] 6.25 3 99117 D 91-4.87 _ 99667 i= rC'V "R CITY = 1.4Fi = 8978' 89 01O = F99Ir' C•kn ^_ bAt = 1.'9 °.9.OE4 99100/� FISM'. [ELCh J 5931) J. J9iF0 = 3,3LO U,LUIF CE'ISF'G':1� 3;p J _ - 0••6c., 349157 J ?.4 tbC, 9 - '4 95C Schedule IIIc 0'1,' CO SUIIPRICE .IrDEXES.....! _ 3 p PACIFIC CITIES A"D U• S. CITY AVERAGF ALL ITFIMS INDEXES r► (1967 =100 unless otherwise noted) d a °� i 3 MARC11 1981 �. .. CONSUMER PRICE INDEX FOR ALL URDA14 CONSUMERS 4 PERCENT CHANGE. INDEXES YEAR TWO HONTHS �... 3 EIlDIIdG END II:G r "' I4AP FEB MAR FEB MAR FE"' MA.R 1980 1981 1981 1981 1981 1981 1981 i U. S. City Average ........... 239.8 263.2 265.1 11.3 110..6• 1.9 1.8 Los Angel 2S -bong Beach- Anahei❑ 241.3 261.6 263_.3 10.1 9.1 1.1 1.5 San Francisco - Oakland - 260.5 - 8.2 - 2.2 - Honolulu, Hawaii - 243.3 - 10.1 3.0 - San Diego, California ......... 253.3 - 293.1 - 13.5 - 1.9 Portland, Oregon ............. 253.6 - 268.1 - 5.7 - 0.6 Seattle - Everett, Washington. 243.8 - 271.1 - 11.2 - 2.3 Anchorage, Ak. (Oct. 1.967 =100) 223.5 - 241.1 - 7.9 - 0.4 CONSUMER PRICE INOFX FOR UI U. S. City Aver:.ge. ........... Los Angeles-Lon,, Beach- Anaheim San Franrscu i 11011olulu, lla%.aii .............. San Diego., Californln ........ Purtland, Ore,;on ............. Seattle - EvcreLL, Was!li.:%ton. Anchorage, Ak. (Oct. 1967 =100) tBAG WAGE EARNERS AND CLERICAL WORKERS PERCENT CHANGE II:DF.XES YEAR TWO MONTHS F1iDI..0 ENDING IL;R FEB LIAR FEB ;1AR FEB PIAR 1980 1.981 1981 1981 1981 1981 1981 239.9 263.5 265.2 11.4 10.5 1.9 1.7 243.9 265.0 266.5 10.4 9.3 1.1 1.4 - 261.6 - 9.0 - 2.3 - 243.5 10.0 2.7 - 255.6 - 2PA.0 12.7 - 1.8 251.7 - 267.0 - (1.1 - o.8 241.3 - 267.9 - 11.0 - 2.1 220.2 - 236.2 - 7.3 - 0.5 Bureau of Labor Statistics - San Francisco, CA 94102 April 23, 19 "1 r. �t �Rj �G SEE �: r': _v o.3 �•> �..'� ^+.J r�W °`•r .•v •� �'^ 1 :.' Lam. v • t � RESOLUTION N0. 4547 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM AN ARCHITECTURAL REVIEW COMMISSION CONDITION REQUIRING FRONT YARD LANDSCAPING AND IRRIGATION SYSTEMS FOR A NEW SINGLE FAMILY SUBDIVISION (ARC 81 -37; TRACT 683, 950 LOS OSOS VALLEY ROAD, STEVE PUGLISI REPRESENTING S.E.B. INC., APPLICANT.) WHEREAS, S.E.B. Inc. ( "applicant) has filed application for final approval by the Architectural Review Commission of 34 single- family houses as part of Tract 683 at 950 Los Osos Valley Road; and WHEREAS, following a hearing held on June 1, 1981, the Architectural Review Commission, by Resolution No. 102-81, granted final approval subject to front yard landscaping, including irrigation plans returning for commission approval and revised yard fencing details to return to staff for approval; and WHEREAS, applicant appealed that the front.yard landscaping and irrigation condition to this council; and WHEREAS, this council has considered statements of applicant and other interested parties at its July 7, 1981 meeting, minutes of the June 1 and May 18, 1981 Architectural Review Commission hearings, the application and all other materials related to this appeal included in the council's agenda packet for the July 7th meeting. NOW, THEREFORE BE IT RESOLVED by the City Council of San Luis Obispo as follows: SECTION 1. Findings: Based on the materials and statements set out above, the council finds as follows: 1. Requiring developer installation of irrigated and landscaped yard would conflict with the city's goal to encourage lower cost housing and would discourage individuality by home owners. 2. There are alternative means available to guarantee installation of appropriate front yard landscaping. 3. The Community Development Director's negative declaration is appropriate. Resolution No. 4547 ! ARC 81 -37 - 950 Los Osos- Valley Rd. Page 2 SECTION 2. Conditions: Based on the findings set out in Section 1, the council hereby deniesthe appeal from,the Architectural Review Commission's front yard landscaping and irrigation condition, ARC 81 -37, subject toy complying - with - the.fgllowing "conditions: 1. The developer shall submit conditions, covenants and restrictions for review and approval by the City Attorney and Community Development Director. 2. The CC &R's shall include the following: a. Front yard landscape /irrigation requirements in terms of minimum acceptable levels of quality and performance, a wide range of approved plant materials minimum specifications, and minimum landscape design guidelines. b. Provision for;en_fo Bement of CC &R's covering timetable for completion of landscaping and irrigation, who enforces CC &R's and consequences of non - compliance. The developer shall provide for a cash rebate to home- owners who complete front yard landscaping and irrigation within six (6) months of close of escrow, should homeowners fail to install these improvements within twelve (12) months of'close escrow, the CC &R's will require that the developer install these items and enable him to change back the cost to the homebuyer. c. Other provisions which are deemed necessary to adequately and reasonably insure all developed lots will be landscaped and irrigated in a timely manner, and to meet the intent of the city's Architectural Review Commission guidelines. SECTION:.3. Based on the findings set out in Section 1, the Council hereby =den ei s >the appeal from the Architectural Review Commission's front yard land- scaping and irrigation condition..in approving application number ARC 81 -37. On motion of Councilman Settle, seconded by Councilman Bond, and on the following roll call vote: AYES:: Councilmembers Settle, Bond, Dovey,,hunin and Mayor Billig 'NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 7th day of July 1981. ATTEST: Qi'!'t i% CIVf CLERK PwAMELVOGES Resolution No. 4547 ARC 81 -37 - 950 Los Osos Valley Road Page 3 Approved: inistr tive Officer City Attorney 4 UA &Meoff Director of I Communi Development hb RESOLUTION NO. 4546 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL FROM A PLANNING COMMISSION DENIAL OF AN APPLICATION FOR USE PERMIT (U0942, 35.50 SOUTH HIGUERA STREET,.ROBERT FORSBERG OF GALAXIE ENTERPRISES, APPLICANT.) WHEREAS,'Galaxie Enterprises ( "applicant ") has filed a use permit application to allow a ticketron office in an auto stereo sales and service facility in Tenwise Park at 3550 South Higuera Street, CH service commercial zone; and WHEREAS, following a hearing held on May 27j 1981, the PlanningjC—m mission __J by Resolution No. 1721 -81, denied the application for use permit; and WHEREAS, applicant appealed that denial to this council; and WHEREAS, this council has considered statements of applicant and other interested parties at its July 7, 1981 meeting, minutes of the May 27, 1981 Planning Commission hearing, the application and all.other materials related to this appeal included in the council's agenda packet for the July 7th meeting. NOW, THEREFORE BE IT RESOLVED by the City Council of San Luis Obispo as follows: SECTION 1. Findings: Based on the materials and statements set out.above, the council finds as follows: 1. The proposed project will not be detrimental to the health, safety and welfare of persons living or working in the area. 2. The proposed project is appropriate at the proposed location and will be compatible with surrounding land uses. 3. The proposed use conforms to the General Plan. 4. The proposed use meets Zoning Ordinance requirements. 5. The project is categorically exempt. SECTION 2. Based on the findings set out in Section 1, the Council hereby upholds the appeal from the Planning Commission's denial of use permit application No. U0942.. Resolution No. 4546 U0942 - 3550 S. Higuera $t. Page 2 On motion of Councilman Bond, seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Bond, Dovey and Settle NOES: Councilmember Dunin; and Mayor Billig ABSENT: None The foregoing Resolution was passed and adopted this 7th day of July 1981. MA OR IE C. BILLIG ATTEST: CITY CLERK PAMELA VOGE V. APPROVED: City 4Mmleistrit ive Off icer City Attorney AXV-A - - Zfq-� Director of Community velopment �� Q� �--- ;� n _J RESOLUTION NO. 4545 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM A PLANNING COMMISSION DENIAL OF AN APPLICATION FOR USE PERMIT (BA 29 -81, 1631 MONTEREY STREET, TIMOTHY S...RICHARDSON, APPLICANT) WHEREAS, Timothy S. Richardson.(Vapplidant') has filed a use permit application to permit outdoor sales of cut flowers and small plants at 1631 I Monterey Street; and WHEREAS;, following a hearing held on May,27, 1981, the Planning Commission, by Resolution No. 1721 -81,', denied' the application for use permit; and WHEREAS, applicant appealed that denial to this council; and WHEREAS, this council has considered statements of applicant and other interested parties at its July 7, 1981 meeting, minutes of the May 27, 1981 Planning Commission hearing, the application and. all other materials related to this appeal included in the council's agenda packet for the July 7th meeting. NOW, THEREFORE BE IT RESOLVED by the City Council of San Luis Obispo as follows: SECTION 1. Findings. Based on the materials and statements set out above; the council finds as follows: 1. The proposed use will be detrimental.to the health, safety and welfare of persons living or working in the area. 2. The use.is not appropriate at the proposed location and will not be h ,compatible' -wit surrounding land uses.: SECTION 2. Based on the findungs set out in Section.l, the Council here- by denies the appeal from the Planning Commission's denial of use permit application BA 29 =81: On motion of Councilman Dunin, seconded by Councilman Settle, and on the following roll call vote: R 4545 Resolution No. 4545 31 Series) �i BA 29 -81 Page 2 AYES: Councilmembers Dunin, Settle, Bond, Dovey and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 7th day of July:; 1981. APPROVED: City trative Officer 1 City Attorney AAn4 Community D v elopment a rector i t � F RESOLUTION NO. 4544 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF CERTAIN CONDITIONS OF PLANNING COMMISSION APPROVED USE PERMIT, (UO852 -A, 1334 PALM STREET, ALPHA UPSILON FRATERNITY, APPLICANT.) WHEREAS, Alpha Upsilon Fraternity ( "applicant ") has filed a use permit application to allow a fraternity at 1334;Pa1m;Street; and WHEREAS, following a hearing held on May 27, 1981, the Planning Commission, by Resolution.No. 1720 =81 approved use permit application subject to sixteen (16) conditions; and and WHEREAS,:applicant appealed two (2) conditions (numbered 6 and 16, respectively); WHEREAS, this council has considered statements of applicant and other interested parties at its July 7, 1981 meeting, minutes of the May 27, 1981. Planning Commission hearing, the application and all other materials related to this appeal included in the council's agenda packet for the July 7 meeting. NOW, THEREFORE BE IT RESOLVED by the City Council of San Luis Obispo as follows: SECTION--I. Findings: Based on the materials and statements set out above, the council finds as follows: 1. The proposed project will not be detrimental to the health; safety and welfare of persons living or working in the area. 2. The proposed project is appropriate at the.proposed 1oca_t_i_o_n and will be- J compatible with surrounding land uses. 3. The proposed use conforms.to the General Plan. 4. The proposed use meets Zoning Ordinance requirements. 5. The proposed use is exempt from environmental review requirements. SECTION 2. Conditions: Based on the findings set out in Section 1, the council hereby upholds the appeal from the two specific conditions of the Planning Comm.ission's use permit approval No. U0852 -A, subject to the following conditions: Resolution No. 4544 Use Permit U0852 -A' Page 2 1. No more than se_v_en_(7),persons shall reside at the house at any time. Additions to" structur_e.,or additional occupancy shall require amendment of use permit approval. 2. A minimum of five (5).on -site parking spaces to city standards shall be provided and maintained at all times for intended use. 3. Applicant shall install an enclosed trash area to the approval of the Community Development staff. 4. Applicant shall install a 6 foot high solid wood screen fence along side and rear property lines, except that staff should review this requirement with the abutting side property owner so_ as not to block windows. 5. Existing hedge along street frontage shall be trimmed or removed to meet hedge and fence regulations. 6. The property shall be maintained in a clean and orderly manner. All plant materials shall be maintained and replaced as necessary. 7. The structure shall be inspected by the Chief Building Official and Fire Marshall for code compliance and Fire Marshall shall make note of maximum capacity limits which he may deem necessary for the safety of persons living in the building and shall post such. 8. Greek letter sign shall be allowed on the face of the building in accordance with sign ordinance regulations; free - .standing signs shall be prohibited. 9. Smoke detectors and fire extinguishers shall be installed to the approval of the Fire Department. 10. Applicant shall install two street trees to the approval of the Public Services Department. 11. Applicant shall repair structural damage to retaining wall at property frontage, to the approval of Public Services Department. 12. All conditions of use permit approval shall be met prior to October 31, 1981. 13. Use permit shall be reviewed if any reasonable written citizen or Police Department complaints are received by the city and /or in November 1981. 14. Use as a fraternity shall be limited solely to the Alpha Upsilon Fraternity. Any other occupancy would require approval of the Planning Commission of an amended use permit. `J Resolution No. 4544 Use Permit U0852 -A Page 3 SECTION 3. Based on the findings set out in Section 1., the Council hereby upholds the appeal request-to delete conditions numbers 6 and 16 of Planning Commission's use permit application No. U0852 -A. On motion of Councilman Bond, seconded by Councilman Dunin, and on the following roll call vote: AYES: Councilmembers Bond, Dunin and Settle NOES: Councilmember Dovey and Mayor Billig. ABSENT,: None the foregoing Resolution was passed and adopted this 7th day of July, 1981. ATTEST: CITY/ CLERK PAMELA VOSGES Approved City Admijfistrative Officer City Attorney Director of N ommunity telopment v ,%. MA OR 1 L IE C. BILLIG 4 RESOLUTION NO. 4543 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE OPERATING BUDGET FOR THE 1981 -82 FISCAL YEAR BE IT RESOLVED by the Council of the City of San Luis Obispo that the operating budget summarized in Exhibit A attached is hereby adopted for the fiscal year July 1, 1981, through June 30, 1982. On motion of Councilperson Settle , seconded by Councilperson Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Bill -ig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 7th day of July , 1981. ATTEST: City/ Clerk Pamela'Voges APPROVED: n' t1fen-0 fficer Direc or c City Attorney - - R4543 CITY OF SAN LUIS OBISPO 1981/82 OPERATING BUDGET SUMMARY Exhibit A PRELIMINARY COUNCIL APPROVED CATEGORY DRAFT ADJUSTMENTS AMOUNT Departmental Appropriation City Council & Committees $ 64,555 $+ 440 $ 64,995 Non Departmental Expenses 457,333 - 25,500 431,833 Debt Service 362,765 0 3621765 Administrative Services 678,845 0 678,845 Community Development 518,580 + 12,650 5315230 Public Services 2,078,216 + 1,500 2,079,716 Water Utility 1,726,319 990 1,725,329 Parking District 131,779 0 1315779 Sewer Utility 627,424 + 8,000 635,424 Transit System 5612642 - 3,000 558,642. Trust & Agency 6975510 - 2,630 694,880 Park & Recreation Programs 473,700 + 5,000 478,700 Police Department 2,368,840 + 59000 2,373,840 Fire Department 1,849,898 + 3,315 1,853,213 Equipment Replacement 220,200 0 220,200 Additions to Reserves 523,762 0 523,762 Total Appropriations $13,341,368 $ 3,785 $13,345,153 Exhibit A I RES,__JTION NO. 4542 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That.this Council hereby accepts the bid and authorizes the Mayor to sign a contract on behalf of the City for the following: PROJECT: Foothill - Chorro -Santa Rosa CITY PLAN NO: E -04 Storm Drain, Phase I ESTIMATE: $106,510 + $13,850 (Eng. Fees & BUDGET ACCOUNT: 20- 5071 -E04 Cont.) _ $120,360 BIDDER: Cast -In -Place Constructors BID AMOUNT: $72,374.50 SECTION 2. That the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman Bond seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Bond, Settle, Dovey, Dunin, and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of July '19 8L ATTEST: ,L CITY C �RK PAMELk VO S APPROVED: rty nlstra l'4 Officer R 4542 -- 4 I RESOLUTION NO. 4541 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The attached traffic work orders for the periods of April 1, 1981, through June 30, 1981, are approved. On motion of Councilman Bond and on the following roll call vote: , seconded by Councilman Settle AYES: Councilmembers Bond, Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT:None the foregoing Resolution was possed and adopted this 7th day of July 1981. Ma or Melanie C. Billig ATTEST: City Clerk Parhela Pbgds * * * * * * * * * * ** APPROVED: n s ra ive Officer R 4541 ,'11,rt am 7 St �TEI, # - I'I�AI I' I C !)RI>ISR I URi9 VA'I'N, TAKEN 'CO I'U11I,1C SI:KVLCES: COMPLI'.TE}: June 16, 1981 -- - - - - -- LOCATION: Augusta Street, west of Laurel Lane REOUESI'En BY: D. Romero I) 1"SCR1J9, IOpi: Paint the word "slol•r" in white on the pavement for eastbound traffic on Augusta Street using 4' stencil 400 + feet west from Laurel Lane and for westbound traffic 200 + feet west from Laurel Lane. Q J O � 0 ,r 4o o ' v AvG-v� T�► ST: Z �11 rRArrl.r, url,r i....rurrr UATP. TAKEN TO PUBLIC SERW S: COMPLETED: June 15, 1981 I,OCAT ION: Augusta Street, west of Laurel Lane R,b)UESTI•:u BY: D. Romero HESCR I.PT I ON : a Paint 41 red curb clearance on all driveways on Augusta Street, west of Laurel Lane to the west boundary of the park. ig IRAVI FOPH IWIT:TAKEN TO PURIM: SEIRUCISS: Corm LSTEM: June 15, 1981 WCAT ION : 1020 Southwood Drive Reuursrr;n Irv: Steve Del Gado, The Courthouse HF.SCRI I'T I oN: Paint red curb as indicated on the drawing below 4 �_ ~~ TK&lF|\C VUxkU |'o|<H |kA[k TAKEN T0 PUBLIC SEkVlCCS: COMPLETE n: � �__-_---_-_'-_---__-�-_-_'- ]m/e 15, 1981 jhU |[igueca Street kBX|EST0` BY: Virgiolu 0utru, 560 8igueca Street oES[K1|'TlVH: Paint crJ curb along full width ad driveway. �� TRAFFIC ORDER n)pj,.j DAIF, TAKEN TO PUBLIC SERVICES: COMPLETED: luen 15, .1.981 LOCATION: 2851 Johnson REQUESTED BY: Mrs. Petrucci C DESCRIPTI(W: Paint 4' red curb clearance for driveway at 2815 Johnson. nxrE TAKEN TO PUBLIC SERVICES June 4, 1981 LOCATION: 2885 South Higuera Street REQUESTED BY: Dennis Transfer DESCRIPTION: Cz Remove signs as indicated on the attached drawing and leave posts. V 1. rr N 'r 7N 'I R A I- F If I Him; SLI,vl June 1 1981 LUCATLON : Santa Rosa Street at Palm Street N HAIES'l . Jerry Kenny 1) 11"S C R 1, 11, 1 ON: Remove existing green curb at Santa Rosa Street, SOUtN.-jest corner of Palm, as indicated. Aev Y, 7Y /vt 6 1(eW 7-0 I 4� i V' 1 1 OP Yi 1 :d r 7IN ll /1'I'F. 7'AI:1•:n 'I'0 I'UfiLL(: Sla;v.rc"S: Play Z6, 1981 c:ortt r.t;reu: Foothill and California itl;i)UL'S'L'L'U NY: Peterson and Romero Change pavement stripes as indicated in orange on California at Foothill pavement and marked in red on the attached sketch. NOTE: Advise engineer when work is to be performed: Is FOOTHILL FRAV),I �rrirER rurrl DATE TAKEN TO PUBLIC SERVICES: COMPLETED: May 6, 19£31 LOCATION: 1 Highland Drive RI- I'QU:STr:D BY: Fire Department and Mrs. Karshner DESCRLP'PTON: Paint red curb and install "no parking anytime" R26 signs r•lith fire lane tag on top as shown on the attached sketch. ON it w ri O D m C 0 1 r D m 4 n 0 a a n a o a a p n n m o. a 0 0 v 1 0 � m a n 0 0 a m v Q a R a r a a 1 p n 0 a 13 13 a a 13 Q O O a 0 n 0 40 . cz� t" j IRAPI LC ORDI,R FONII UATI: "rAKE'N TO PUBLI -C SERVLCES May 21, 1931 LOCATION: 572 Foothill Boulevard RI :QHSrl ;u lip': Arnold N. Volny COP4'LETED: _ 1 Paint red curb as indicated on the attached drawing. 57Z Fc v7-We " 2z. r f °• 'I'I;riPPL(: l)RUIiR I�OICPi DATE. 'I'liKEN To PURL LC SERVICES May 21, 1981 COMPLETED:__Q1A - -- LOCATION: South Higuera Street, west side, from Elks Lane to north side of Mortuary. BY: City Council order, May' 19, 1981 DESCR t PT LON: Install "no parking anytime" signs, R26, as indicated on the attached drawing. CRAF1. I C 01,I)FR 1. iw f I r, DATH. TAKFIN -1-0 PUBLI.C: SjI'Rvj(jIS: May 20, 1981 1, () CAI f 10 N : Villa D'Laurel - 1360 Laurel Lane R E.( ) L I EIIS T E I) BY: Col. Win. Boyce D I: SCR I I "Y L ONT : Paint standard 4 foot driveway clearance, both sides, on Augusta Street entrance. v� I(A•I1; "1AKI•:1 TO PUBLIC SI?RV:[CBS May 6, 1981 LocATLON: 1 Highland Drive RrxlUesrl:n BY: Fire Department Paint 168' red curb and install "no parking anytine" R26 signs with fire lane tag on top. W K a e on, m sU A �p w m a m v © e v 4 O A n n a Q e im e I © I(I m 7 n m n n n q i� O O a � e © 0 n D B m 0 in n 0 n 0 ea n n o e 0 0 0 n 0 O e 0 0 n 0 a n o A a AlC ITC A, C, htl T77 t IVIG /Y444f `\q'`/ 33"R iW4,04; �j Q ,-, I. Cv ' (, ca 7 \C I)ATF, TAKI,"N' -1-0 IT1111,1C S1,*RVLCES April 30, 1981 LOCATION: 497 Marsh Street 111"QUE'STI-11) I)Y: O'Donnell Realty World COMPLETE D: C- - � -1 - I I _ __ ) _ HEISCR I PFI ()N: Paint red and green 30 minute curb as indicated. ST C.j ST UNDER 1�()Nt I I)ATF, TAKI-,N TO PUBUC HOMES- April 30, 1981 I,OCATI ON: Morro and Pismo REQUESUD BY: Wayne Peterson NESCRUTFON: Paint red curl) as indicated. r, y /It V tir, COMPLETED: N 0 9x TRAFFIC I)ATF TAKEN TO PIMLIC Sl-"RV.L(:ES April 29, 1981 COMPLETED: LOCATION: Alley between Pismo and Buchon, from Santa Rosa to Toro R J."OU EST E' 1) BY: D. Romero 111-I'SCRI PT I UN Post both sides of alley using a sign as attached. fill", 151", C7 7zF 4*3 4�V A AN IC W I)).: I, Pi RiI OAU-I' TAN I-IN TO JItIjjj.,j(: April Z$ 1981 L LOCATION: Palm Street, 750-tftH+-Iast of Osos Street - County Courthouse Police Department and SL 0 County Change curb markings and remove meters as indicated below. COUNTY COURTHOUSE 0 I-C)4D11VC- ZONE PA5FA16,ER z-OADIAIG Z01VL U) 0 PALMI f-A ("IN DATE, TAKEN -1-0 l'Ul-',I.,L(; SEIRVLCLS April 24, 1981 LOCATION: Del Rio Avenue and Descanso Street RF.QUESTEA) BY: Wayne Peterson Ala DESCRIPT LON rN Install stop sign (RI) and paint pavement markings as indicated below. K) �j ,4 5 TOP �To om A II:AI•I_I(_UI_UI.I\ I'OI�i'1 i DATE, 'CAKED! TO PURLIC SP:RVjCES:. COMPLETED: April 23, 1981 I.00ATtorl: California Boulevard, from.Phillips Lane to Monterey Street REQUESTED LT: City Council - Resolution No. 4467 (1981 Series), adopted 4/21/81 DKSCP,tPFION: Re-stripe California Boulevard,fr.om Phillips Lane to Monterey Street, and install (F) R7 -9a "no parking, bike lane" signs as indicated on the attached blue Tine print. NOTE: signs at the beginning of the block will be removed after learning period. I DATI-l' TAKEN TO PUBIA-C April 23, 1981 0 LOCATION: Johnson at Laurel Lane RFOLIE'S'LE'D BY: Dave Romero COMPLETE'D: I'll, LON Relocate double yellow and lane line as indicated and remove 22 feet of red curb paint as indicated to provide one parking space. I'Itril l LC �:!;UI(R Pt)I:i•I n;�:rr; "rnrl•:� •cu rui,l.,l.c: sr,rv!.cl�.s: April 17, 1981 I,0CAT J.(rd South Street at Lawton Art Flird nl; <;cr, l h•r I u,; 1 - Install (F) R10 -7 "do not block intersection" sign as indicated on the drawing below. 77f , T DO NOT B L 0 C K INIERSECT10R P10- LAW 57 -, dfem,p Im (WIP", 1-1, F( I ; N I)A'11-: TAl,'FN TO April 15, 1981 I•OCAT ION: Driveway between 686 and 690 Higuera Street Nearsons l)l*.s(;)X I'll] WN: Paint driveway entrance red. (parking in driveway) 'I'AKFN1 TO PUQ1C SEHvLCES: COMPLETED: April 1.3, 1981 Santa Rosa Street from Higuera.to Walnut Street City Council In:SCi: I PT I 1r: : Install "no parking" and "bicycle lane" signs (see attached print), remove "no left turn" signs, parking signs and posts, and curb painting meters and posts between limits. The pavement markings and striping will be done by others. Work should be coordinated with the contractor HILO: Please sea Dick Gordon about this. Wh is �� IIII To n 9 11-1 101 /,W% -11:1'1-F-Fl C FORH )ATE, TAKFN TO PUMM: SENVICJ-:S: April 13, 1981 1,0CATI ON: 1230 Murray Street Chris Patterson, 1230 flu rray Street Paint 4-foot driveway clearance red curb for driveway at this location. dl April 13, 1,981 UWATI OIN: 331 Hathway Mrs. Janes Douglas COMPLETEN-, Paint 4-foot.driveway clearance red curb for driveway at this location 10 April 1, I.00ATI ON: Monterey and Johnson D. Romero/A. Hird ('N 1) 1". S C I ,I I'T I t)i I : N Extend I-Od CLII'b as indicated on the attached drawing. I ra O 1Z 5 MC)I\J7EP-, ST. I fr"'* TAKF.N, TO April 1, 1981 CON11,11F.T1:1): L - 3 (,0 C A] r 1,0 N Ramona, near Broad Street (Tropicana & Lucky's driveways) Lucky's and Police DeparL:i*ient Extend red curb by 10 feet. to 14 feet at driveway as indicated below. 7-,(1 SECTOR INFORM] ION FORM INIFORMATION Gl"VLN BY: NAME ADD. Pli0fic TYPE OF lUORHATIOIN GIVEN: SECTOR# OFFICER#1?G't� DATE 12 /) �i IARECTED TO SECTOR LEADER# '/"' 4 1 � r L C RESOLUTION NO. 4540 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY BUSINESS RITROVEMU AREA AND THOMAS L. JONES PROVIDING FOR CERTAIN ADVERTISING SERVICES TO BE PERFORMED BY TiCMAS L. JAS TO ASSIST BIA BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and, Thomas L. Jones is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Thomas L. Jones;. Robert Corcoran, BIA Administrator; City Finance Director On motion of Councilman Bond_ seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Bond, Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT.: None the foregoing Resolution was passed and adopted this 7th day of July , 19 R 4540 K au D►n7W4�M:ulya�X��i��:����: i « THIS AC!'-M, made and entered into this 7th day of July , 1981, by and between the SAN LUIS OBISPO DOWNTOVN BUSINESS IMPROVDENI! AREA, hereinafter called "BIA" and THOMAS L. JONES (TOM JONES CREATIVE ADVERTISING), hereinafter called "Consultant." providing for certain advertising services to be performed 1. by Consultant to assist BIA; WTINESSEPH: WaEAS, BIA requires certain advertising services to promotes its activities, and desires to employ Consultant to perform those services; and WHEREAS, Consultant is willing to perform those services. MOW, THEREFORE, in consideration of these facts, the parties mutually agree as follows: 1. SERVICES TO BE PERFORIED BY CONSULTAWi Consultant will perform the following advertising services.: a. Creative Services (ideas, copy writing). b. Coordinate Radio /TV /Newspaper campaigns. c. Assist the BIA in planning advertising budgets. d. Assist with promotional planning. e. Place all advertising for the various BIA campaigns. f. Provide professional advertising and promotional consistency. g. Attend the BIA advertising committee meetings. h. Supervise all radio and TV production. i. Verify advertising charges prior to the invoices being approved for payment. j. Assist the advertising committee in ccn=icating with the BIA membership. 2. TERM OF AGREE1ENT The terM of this agreement shall be from July 1, 1981 to June 30, 1982, unless terminated earlier by either party on fifteen (15) days written notice. 3. ADDRESSES. For purposes of notice under- this agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: BIA: Business Improvement Area c/o City of San Luis Obispo P. O. Box 321 San Luis Obispo Copies to the attention of.: City Clerk and BIA Administrator CONSULTANT: Thomas L. Jones 1555 Los Osos Valley Rd., C -3 San Luis Obispo 4. COMPENSATION. Consultant shall be compensated for professional services outlined in Section 1, above, at the rate of Two Hundred Dollars ($200.00) per month for the term of this agreement. Except for reimbursement of actual charges for typesetting, film, processing and other authorized expenses, Consultant shall receive no other compensation or reimbursement from the BIA for performance hereunder. 5. ASSIGNMENT. There is an agreement for professional services based upon personal performance of the Consultant and is not assignable without prior written consent of the BIA. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the date first written above. ATTEST: �f City lerk amela V e-s CONSULi'A Thomas L. J on / as L / . SAN LUIS OBISPO DOWNTOWN BUSINESS RESOLUTION NO. 4539 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS IN TRACT 766 (WINDERMERE) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: P1, SECTION 1. That the public improvements are hereby accepted for mainten- ance by the City of San Luis Obispo.. SECTION 2. The Council authorizes the release of 90 percent of the improvement bond in accordance with the subdivision agreement. On motion of Councilman Bond , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Bond, Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of July , 1981. ATTEST: J/ CITY CLERK AME v0 ST * * * * * * * * * ** APPROVED: R 4539 ok� RESOLUTION NO. '4538 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CTTY OF SAN LUIS OBISPO RATIFYING THE JOINT POWERS AGRMM FOR SAN LUIS OBISPO CO(= AREA COINCIL OF GOVERNNEbTTS BE TT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain Agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and San Luis Obispo County Area Council of Governments ratifying the Joint Powers Agreement is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo County Area Council of Goven-ments On motion of Councilman Bond , seconded by Councilman Settle , and on the following roll call vote: AyES; Councilmembers Bond, Dovey, Dunin, Settle and Mayor Billig None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of July 1981. I j k V.� A MAYO L I C. ILLIG /pal h"d 2 CITY PAMEtA WffltS Approved: Z1,1X1W1111je- City Admini atf ffdiV, Off i /11AIA-�� City Attorney R 4538 I JOINT POWERS AGREEMENT FOR SAN LUIS OBISPO COUNTY AREA COUNCIL OF GOVERNMENTS THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended April 16, 1980, by and among such of the incorporated cities of Arroyo Grande; Atascadero, E1 Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement, hereinafter called "CITIES," And the County of San Luis Obispo, a body politic and corporate and a subdi- vision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500, et seq.; of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more Public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto; by virtue of Sections 65600 through 65604, inclusive, of the California Government. Code have the joint and mutual power. to create an area planning commission, herein designated "San Luis Obispo County Area Council of Govenments "; And WHEREAS; COUNTY and CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and WHEREAS, Section 29532', California Government Code, provides that such a council of governments shall be designated the .regional transportation planning agency to act in matters of transit and transportation planning; and CM Z 1 JOINT POWERS AGREEM:. -� Page 2 - WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and. COUNTY to advise', plan for, and suggest solutions to common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various governmental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, creation of such an agency and action by it upon certain plans and programs is necessary to comply with requirements of federal and state legisla- tion in order to participate in the allocation and disbursement of state and federal funds which may be desired by COUNTY and CITIES in the implementation of plans and programs which have been adopted and approved by their respective governing bodies. NOW; THEREFORE, it is agreed as follows: I. PURPOSE The San Luis Obispo County Area Council of Governments is organized for the. permanent establishment of a forum for,planning, discussion and study of area -wide problems of mutual interest and concern to COUNTY and to CITIES; for the development of studies and adoption of regional plans; to serve as a regional agency for certain federal and state programs; and for other actions commensurate with the desires of the member governments. II. POWERS The San Luis Obispo County Area Council of Governments, hereinafter called "Area Council," is hereby created as a voluntary agency pursuant to applicable provisions of the.California Government Code with the power to carry out the purposes hereinabove stated and to implement the annual work program approved by COUNTY and CITIES, including the power to contract for goods and services; to r� 16 __S JOINT POWERS AGREMMEh 'Page 3 provide for employment of necessary personnel., experts and consultants; to accept gifts, loans, grants; and to administer the affairs of the Area Council hereby created in accordance with this Agreement. Pursuant to Section 6508.1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the San Luis Obispo County Area Council of Governments shall not be the debts., liabilities and obligations of any of the parties to this Agreement, except as r otherwise provided herein. III. NAME The official name of the organization hereby created shall be the 'San Luis Obispo County Area Council of Governments." IV. MEMBERSHIP 1. Membership in the Area Council shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San "Luis Obispo presently or in the future, are declared eligible for membership in the Area , Council. 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the.Area Council in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to the Area Council shall consist of the five members of 'the Board of Supervisors of the County of San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with.each incorporated area being limited to one representative. Representatives shall serve so long Cm - Ll JOINT POWERS AGREEMEN..,:: Page 4 as they hold office with their member agency or until they shall or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. 3. Member agencies may elect to have an alternate member in addition to any official member, but said alternate shall be able to vote only in the absence of the official representative- 4. 4. Designation of the official representative or alternate, or changes thereto, shall be transmitted in writing to the Secretary of the Area Council by the appointing city or the county. 5. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the. boundaries of the County of San Luis Obispo and 'which may desire to participate in the activities of the Area Council may do so by executing this Agreement without prior approval or ratification.of the named parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution. 6. - Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequeat annual ratification. V. OPERATION 1. The powers of the San..Luis Obispo County Area Council of Governments are advisory to the member agencies which execute this Agreement except for those actions mandated by state or federal law for'tfie processing of appli- cations submitted by any of the member agencies.for federal and state grants or funds which require action by the Area Council. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and C �0 -5 JOINT POWERS AGREEMEY j Page S complete a local project within their respective jurisdic:..:ons with their ci.a i" funds. It is understood, however, that the recommendations of the Area Council may have the effect of precluding any favorable action by an agency of the sate or federal government in support of such a project if other than local financin is sought, as determined by the respective state or federal agency under law, regulations and policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by Area Council pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of "services by the 'officers and personnel of the respective entities to said Area Council, upon approval of such services by the governing bodies thereof, shall likewise be borne by the tespective, entities. All costs incurred by Area Council performing functions as the regional transportation agency for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seq., Government Code as provided for therein. 3. Costs of Area Council for each fiscal year which are necessary for the ordinary operation of the Area Council., including but not limited to office space, furniture, supplies and postage; and excepting those functions performed as the regional transportation agency, shall be borne by COUNTY in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the Area Council shall be borne by contributions from the member entities as approved by their governing bodies.- Costs of all activities undertaken by Ares Council as the "regional trans- portation planning agency shall be set forth in.the budget as part of the annual . work program of Area Council and shall be funded from the transportation fund pursuant to applicable state statutes, 0 /D- (0 JOINT POWERS AGREEMENT{ .Page 6 4., The annual work program and budget, whe .:cdopted shall be the basis`"idr operation of Area Council for the fiscal year. Any deviation from the work program not affecting the budget shall be returned to the member agencies for approval. S. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including two COUNTY represen- tatives. No action shall be effective without.the affirmative votes of a ,majority of representatives. However, eight (8) affirmative votes shall be required for taking any action in the event any agency . demands such a vote. The. representatives to the Area Council shall adopt such procedures as are con- sistent with this Agreement and necessary to conduct the business of Area Council in an orderly manner. VI. OFFICERS 1. The officers of the Area Council shall consist of a President and Vice- President elected for a term of one year by a majority vote of member agency representatives to the Area Council. 2. Both the President and Vice- President of Area Council shall be elected at.the May meeting (annual meeting). 3. The officers shall serve until their successors are elected.. 4. The duties of the officers shall be as follows: a. President 1) Shall preside over all meetings of the Area Council as Chairman. 2) Shall appoint all standing committees.. n JOINT POWERS AGREEMEh Page 7 3) Shall exercise genera] :.-,ipervision over all u a activities of said Area Council. 4) Shall be an ex- officio member of all committees. 5) Shall e_xecute:all contracts and legal documents on behalf of the Area Council. b. Vice - President I 1) Shall serve as Chairman pro - tempor in the absence of the President. 2) Shall.give whatever aid necessary to the President in administering of the Area Council. 3) Shall be an ex- officio member of all committees. 5. In the event of a vacancy occurring in the office of either the Presi- dent or Vice- President upon said officer's death, resignation, removal or his ceasing to be an official representative of a member city of the County of San Luis Obispo; such vacancy will be filled by majority vote of the Area Council, the officer elected to serve for the balance of the unexpired term. VII. STAFF 1. The Area Council shall appoint a Secretary to serve at its pleasure, who will perform the following duties and such others as may be assigned by Area Council. a. Prepare and submit the annual work program and budget to the Area Council for its approval ind to the ,parties'hereto. for ratifica- tion. b. Shall keep an accurate account and file of all meetings. C. Shall disburse all funds in accordance with the policies of the County Treasurer and the County Auditor /Controller and the budget and work program adopted by the Area Council. iA _ Z JOINT POWERS AGREEMEN° Page 8 d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the Area Council on all committees. f. Shall.insure that Area Council renders a written year end report reflecting activities of the preceding fiscal year, said year end report to be distributed to each.of the participating member bodies. g. Shall be responsible for directing those employees authorized by the Area Council in the budget. Employees are to be appointed by the Area Council on the recommendation of the Secretary and to serve at.the pleasure of the Area Council. 2. The Secretary of the Area Council shall have charge of, handle and have access, to any property of the San Luis Obispo County Area Council of Governments. Said Secretary shall file with the Area Council his official bond in the amount of ONE THOUSAND DOLLARS ($1,000.00) or such other additional amount as may be determined by the Area Council. VIII. MEETINGS 1. Regular meetings of the Area Council shall be held at least six (6) times a year or at more frequent intervals as approved by the Area Council. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of the Area Council. Actual notice of special meetings must be given at least three (3) business days in advance. 3. Meetings shall -be open to the public as required by state law. 4. Regular meetings shall be held in the first week of January, March, May, July, September and November. The May meeting shall be designated the ^annual meeting." c /o -� f JOINT POWERS AGREEMENT .Page 9 5. The Secretary of the Area.Council will direct the publication of notices of all meetings pursuant to state law._ 6. Only official representatives or alternates shall represent a member of the Area Council or vote on any motion before the Area Council. 7. The meeting agenda shall be prepared by the Secretary to the Area Council. Agenda material shall be submitted to the Secretary at least twenty- one (21) calendar days prior to the next regular meeting and distributed to members at least fourteen (14) calendar days prior to the next regular meeting to allow member agencies to instruct their representatives on voting direction. Unless authorized by majority vote of the representatives at a regular meeting, only agenda items shall be considered by the Area Council. 8. The Area Council, at the discretion of the President, may memorialize any of its actions by resolution.. 9. Robert's Rules of Order or such other rules as the Area Council may adopt will govern all proceedings not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. 11. The Area Council shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all Area Council meetings shall be kept by the Secretary to the Area Council and shall be submitted to member agencies. IX. COMMITTEES 1. Committees and subcommittees may be established as the Area Council may deem appropriate. 2. Membership on committees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these aforesaid Committees to officials of the member agencies. The President may appoint any /'1 - , r JOINT POWERS AGREEMENT; Page 10 individual deemed qualified to serve on a committee. Standing committees shall include the Administration Committee, comprised of all managers and adminis= trators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agency planning officials nominated by their respective agencies; the Public Works Committee; comprised of all agency engineering officials nominated by their respective agencies; and the Transportation .Committee: The Area Council may organize such other technical advisory committees as it deems necessary to carry out Area Council functions.. 3. No committee shall commit the Area Couatil on any matter or questions estions can only be decided by the:Area Council of policy. Such matters or qu . lerical assistance from the Area Council 4. Ail committees shall receive c staff for the purpose of maintaining minutes of meetings and other such duties as the Secretary may direct. The chairman of each committee shall sign the original copy of the minutes indicating his verification of contents. Copies of minutes of all meetings shall be sent to members of the Area Council and the Secretary. X. F`INANCE 1. The Area Council shall have no power to expend funds on any project for which funds have not been budgeted, nor on any item in excess of the budgeted amount without specific approval of two- thirds of the governing bodies of the member agencies including COUNTY. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and he shall have custody of all money of the Area Council from whatever source received. It is further understood that the Auditor /Controller of the County of San Luis Obispo is, as such, auditor of the Area Council. — - . i JOINT POWERS AGREEMEN. --,,^ Page 11 l XI. WITHDRAWAL AND DISSOLU7. -. 1 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of the Area Council or any, committee or subcommittee thereof who shall act for an on behalf of their city or county in any or all matters which shall come before the Area Council, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. 2. Any party to this Agreement may withdraw from the San Luis Obispo County Area Council of Governments and terminate its participation in this Agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members: 3.. A member withdrawing shall not be liable for the payment of further contributions falling due.beyond the date of withdrawal.and shall have.no right to reimbursement of any monies previously paid to Area Council, provid "ed, however, that Area ..Council may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the Area Council.. If any party hereto fails to pay its contri- bution, as determined by Area Council, said entity shall be deemed to have voluntarily withdrawn from the Area Council. 4. Area Council may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescision Agreement shall provide for the orderly payment of all out- standing debts and obligations and for the return of any surplus funds of Area Council in proportion to the contributions made. t / A r / JOINT POWERS AGREEMEN'.- -;' Page 12 XII. EFFECI_':.:TY ? %` This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authoriz- ing such execution and shall remain in full force and effect until.dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) r counterparts which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. 45I (1?;M /e? RESOLUTION NO. 4537 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A DEED OF EASEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND ARNETT $ BROADBENT INC. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain deed, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Arnett & Broadbent Inc. is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a . copy of the executed deed approved by it to Director of Public Services. On motion of Councilman Bond Arnett & Broadbent Inc., and the seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Bond, Dovey, Dunin, Settle and Mayor Rillig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of July , 1981. MA R L I C. B L G ATTEST: � -S CITY CT RK PM.lE VOGE APPROVED: City A m nis ra ive 0 icer R 4537 a �. Resolution No. 4537 (1081 Series) A� City Attorney C1J'XO/%Q Director of Public Services d DEED OF EASEMENT CITY OF SAN LUIS OBISPO, a Municipal Corporation, as Grantor, hereby grants to ARNETT & BROADBENT INC., as Grantee, the following easement in the City of San Luis Obispo, County of San Luis Obispo, State of California, to wit: An easement for access and walkway to City Parking Lot 5, and to construct, maintain, repair, replace, and remove the walkway in and access to that portion of Lot 11 in Block 88 of the Mission Vineyard Tract, according to map filed for record on March 8, 1873, in the Office of the County Recorder, described as follows: Beginning at the Southwest corner of said Lot 11, thence north- westerly along the westerly line of Lot 11 a distance of 16.00 feet to a point, thence northeasterly at right angle to the last described line a distance of 4.00 feet to a point, thence southeasterly parallel to the westerly line of Lot 11 to a point on the southerly line of said Lot 11, thence along said southerly line to the point of beginning. IN WITNESS WHEREOF, Grantor has hereunto caused his name to be subscribed this 7th day of July , 1981. CITY OF SAN LUIS OBISPO YO M ANIE C. BILLIG * * * * * * * * * * * * * ATTEST: CITY FLERK PAMELA VO ES PACIFIC .7 M LS .":3`1 C N VIN EYARD j C) < Q 10 0 goo . rr 5 7 PISMO City TO ARNETT AND BROADBENT INC Mm�o San' Luis OBISPO FOR ACCESS AND WALKWAY EASEMENT JUNE 1981 J.WH. TLT. RESOLUTION NO. 4535 (1981 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO AMENDING THE PROGRAM GUIDELINES FOR THE D014NTOWN REHABILITATION LOAN PROGRAM - ADOPTED NOVEMBER 1980 WHEREAS, the Rehabilitation Loan Committee responsible for helping administer the city's block grant program has continued to monitor progress of the downtown rehabilitation loan program; and WHEREAS, on May 29, 1981 the Loan Committee.recommended that the loan program be expanded so-that small housing projects with less than 4 units can participate; and WHEREAS, the required amendment of the guidelines to provide for loans to these smaller projects will help meet the housing objectives spelled out in the city's 1980 Block Grant Application. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo a'3 .follows: SECTION 1. Paragraph 912, Section B on page 1 of the Rehabilitation Loan Program Guidelines, adopted November 1980, is eliminated. This change-is shown on Exhibit "A ", attached and incorporated by reference. SECTION 2. The City Clerk shall furnish a copy of this resolution and attached Exhibit "A" to the San.Luis Obispo Housing Authority and members of the Rehabilitation Loan Committee. R 4535 RESOLUTION NO. 4535 Page 2 (1981 Series) On motion of Mayor Billig , seconded by Councilman Settle , and on the following roll call vote: AYES: Mayor Billig, Councilman Settle, Councilmembers Dovey and Dunin NOES: Councilman Bond ABSENT: the foregoing resolution was passed and adopted this 17th day of June 1981. 0 LAKE C. BILLIG ATTEST: /City Clerk Pame Voges APPROVED: City AdEIn44kf6atiVe Officer Cit Attorney Community Dev opment ectoi EXHIBIT _A M PROGBAN GUIDE - PEuAMLITATI91 LOAN P°n(;PPM r-. . � � The federal government has-granted the City of San Luis Obispo $350,000. The money will be made available to.owners of downtown apartments or older hotels to help fix up their property. In return for receiving a low interest or deferred payment Than from the city, the property owner must agree to partici- pate in the federal rental assistance program. An overview of the city's loan program is presented in a report entitled "The Downtown Housing Conservation Program." This report is available at the Community Development Department in City Hall, 990 Palm Street, and at the City- County Library also on Palm Street. This program guide spells out who is elibible for the city's rehabilitation loan.program, how to apply, and the types of financing that will be available. After reading this pamphlet„ if anyone has any.questions, they should call Richard Chubon at the San Luis Obispo Housing Authority at (805) 543 -4478. Any person who owns rental housing which meets the following criteria can apply to the San Luis Obispo Housing Authority for a rehabilitation loan: 1. Type of Housing: Only rental housing such as apartments, boarding houses, or older hotels is elinih1a 9e- e#= Peee #s =-- Aey- eew #a }- kede4eQ- wk'4ek- loos- 4- e�- rae�e- ewe } }4e�_ee4te w441- ee- e44g4b }e. 3. Location: The housing must be located within the area shown on Map 1 on the following page. This is the area the city wants to see older housing fixed up. However, if there is still money left after the first year of the program, owners of rental housing anywhere in the city can apply for a loan. (If you can't figure out whether your property is inside the area shown on Flap #1, call Terry Sanville at (805) 541 -1000, Ext. 47.) -1- P.C. Minutes January 28, 1981 Page 2 Item 1. Public Hearing: Rezoning CR0920. Zoning Ordinance Text Amendment (City Council Referral). Consideration of amending,the Zoning Ordinance to add section requiring Planning Commission use permit approval before converting housing use in the downtown area to uses other than housing; City of San Luis Obispo, applicant. Henry Engen, Community Development Director:, presented the staff report, noting that approximately 200 dwelling units would be eligible for conversion. Chairman De Neve declared the public hearing open.. Gerald Evans spoke for Michael Andre, owner of a hotel at the corner of Higuera and Broad Streets. He noted that Mr. Andre is not contemplating changes in the. use or occupancy and is not interested in government financing. He felt the basis of this ordinance is another example of infringement of property owner's rights. He felt this ordinance should be defeated. Frank Warden, owner of the Warden building on Higuera Street, objected to the ordinance and felt it would restrict the use of his property in the future. He felt the proposed boundaries were not fair. This should apply to the whole. city. Chairman be Neve declared the public hearing closed. Commr. Bullock stated he had difficulty understanding the placement of the residential area in a commercial core. There were a number of housing facilities within a very short distance of the boundary. Mr. Engen reviewed the factors that went into proposing the ordinance, noting the City Council position on this is contained in the downtown goals statement. He, noted for Commr. Drucker that several inquiries on the use of these funds have been received by the Housing Authority. Commr. Drucker suggested adding a provision that if there were any remaining funds when the initial area was completed, the p"rog"ram would be re- evaluated to make the offer to all areas of the community outside the boundaries. She could understand the necessity of keeping the funds in the downtown area, however, . there is a.lot of rental housing just outside the perimeter of the line and the commission might want to make a recommendation that,the second choice for the money would be to extend the line approximately another 10 blocks on either side. Mr. Engen agreed the 2nd priority should be to rehabilitate housing elsewhere in the city. Commr. De Neve stated that it seemed that rather superficial. He was also process. He was also reluctant downtown to the program. concerned to commit the repairs that were eligible were with the potential of the double all of the "over street" facilities P.C. Minutes January 28, 1981 Page 3 Commr. Andrews referred to item C - Land Uses Affected - and stated he would be more comfortable if this statement was more explicit, i.e., processing.of this section shall apple:to all residential land uses within the defined district. He was also concerned about historical sites having to meet current building codes to be eligible. Commr. Findley felt the ordinance should go back . for careful consideration in that there is nothing stopping the conversion of residential property to commercial uses afterwards. Commr. Andrews felt there were no controlling factors and they may be passing an unenforceable ordinance.. However, he felt there was a need for this type of ordinance and moved referring it back to the City Attorney for redrafting to incorporate.some of the concerns expressed. A structured ordinance that is more clearly enforceable is needed. Commr. Drucker seconded the.motion, Resolution 1671 -81. VOTING: AYES: Commrs. Andrews, Drucker, Bullock, Findley and De Neve NOES: None ABSENT: None VACANCIES: Two The motion passes. Commr. Bullock raised the following concerns. He was not sure what the purpose of the "Purpose and Intent" section was. What is the essential service provided; many of these services are not located downtown. He also felt there should be a permit required that overall applied to everyone. A landowner must want to provide lower cost housing against maintaining it. Commr. Findley felt if there was to be an ordinance, it should be clean, tight, and enforceable. The definitions should be looked into and the effective dates set down to prevent loopholes. Commr. Andrews felt something should be done to address Commr. Findley's concern over a residential property being removed from that use. Commr. De Neve felt the purpose and intent went too far to target specific income levels and occupants. He felt that the real goal is to maintain housing in the central business district. C� vO1Q 1 h1 IA L y s►�a� A CAF? SECTION 9204. Downtown Housinq.Conversion Permits A. Purpose and Intent It is the desire of the City to retain housing in the Central Commercial District (CC Zone). It is also the intent of the City that this housing should .provide shelter for low and moderate income people and senior citizens. The provisions Of this section are intended to achieve these goals by regulating or preventing the conversion of downtown housing to non - residential uses. B. Area of Application Provisions of this section shall apply to certain types of residential land uses with -n the Central Commercial (CC) zone district as drawn on the official zone map. C. Land Uses Affected Provisions of this section shall apply to all residential land uses which contain four or more dwel:ling.units and to all hotels, motels or boarding houses which have four or more individual r000ms for rent. D-. Permit Required Before, any residential land uses regulated.. by'this_section, are converted to non - residential use, a conversion permit must be approved by the Planning Commission. Application shall be made to the Community Development Department in the form prescribed by the Director. Application materials shall include a site plan and written description of the existing residential use; plans which demonstrate how the building(s) will be changed to non - residential uses; economic and other demographic information which is needed by the Planning Commission to made the findings listed in paragraph F of this section; other information as required by the Director. E. Procedures 1. Referral to Housing Authority a. Upon receipt of a complete conversion permit application, the Director shall send a copy of the application to the San Luis Obispo Housing Authority. b. The Housing Authority shall be asked to specifically identify any public . funding program that is currently available for either purchase or rehabili- tation of the subject housing ; and state whether it is in the best .interest of the community to retain the subject housing.` c. Upon recipt of the conversion permit application, the Housing Authority will have thirty days to respond in writing. No action to approve or deny the conversion permit shall be taken by the Planning Commission during this referral period. F. Requirement For and Compliance With Conversion Permits 1. For.any given development or porposed use, when more then one permit is required by these regulations or is filed by the applicant, no action shall be taken to approve or deny the other permit application(s) until final action is taken on the pending conversion permit application. 2. Any condistions established pursuant to these regulations shall be met before any non - residential use is established. a. After the thirty -day before acting on any Commission Shall hol bylaws. b. Notice of the time, given by posting the newspaper of general Housing Authority referral period is ended and conversion permit application, the Planning i a public hearing conducted according to its date place, and purpose of the hearing shall be property and publishing an advertisement in a circulation at least 10 days before the hearing. c. Decisions of the Planning Commission shall be rendered in writing within 10 days of the hearing. They shall state the conditions of approval, if any, or the - reasons for denial. The Planning Commission's decision shall be final unless.appealed. F. Findings In order to grant a conversion permit, the Planning Commission, or on appeal, the City Council, must find that the proposed conversion will not be detrimental to the health, safety and welfare.of the persons living at the.site and all of the following: It. That there is vacant replacement housing available within the City at a similar cost to house any tenants that may be displaced by the proposed conversion project. 2. That the cost of rehabilitating the building or its operational costs can not be supported by future property income. 3. There are no immediately available local, state or federal funding programs which will enable the economic rehabilitation or purchase of the subject property for publicly assisted housing. G. Conditions of Approval Conditions imposed by the Planning Commission or the City Council may Include: 1. Adequate notification to all tenants to allow for their relocation to similar housing.;) 2. Distribution of information to current tenants prior to their eviction about the location of similarly priced housing within. the City. 3. Monitary assistance.in paying for the relocation of "low or moderate income tenants or senior citizens. 4. Participation in housing programs pre.viously:established by the City or the San Luis Obispo Housing Authority. . 5. Dedication of land at--suitable locations elsewhere in the City for the purpose of developing replacement public housing.. 6. Buy everyone a steak dinner and have a block party prior to eviction. 7. Other conditions which may be found necessary to address the relocation needs of current tenants. DRAFT ORDINANCE '' t1M(OLX%C_O Oaprjo-T t :•� SECTION 9200.17:4 Downtown Housing Conversion Permits A. Purpose and Intent It is the desire of the It is also the intent o low and moderate income section are intended to downtown housing. Q. Area.of. Application City to retain housing "in the central business district. f the City that this housing should provide shelter for people and senior citizens. The provisions of this achieve these goals by encouraging the retention of Provisions of this section shall apply to certain types of residential land uses within portions of the downtown Retail Comrgercial (C -R) zone_ district as shown on Figure "C -1 ". C. Land Uses Affected Provisions of this section shall apply to all residential land uses which contain four or more dwelling units and to al,l hotels, motels or boarding houses which have four 'or more individual rooms for -rent. D. Permit Required Before any residential land uses regulated by this section are converted to non- residential use, a conversion permit must be approved by the Planning Commission: Application shall be made to the Community Development Department in a form prescribed by the.Director. E. Public Hearings and Notice 1. The Planning Commission shall hold a public hearing conducted according to its bylaws. 2. Notice of the time, date place, and purpose of the hearing shall be given by posting the property and publishing an advertisement in a newspaper of general circulation at least 10 days before the hearing. Tenants of residential land uses proposed for conversion shall also be given notice of hearing: 3. Decisions of the Planning.Commission shall be rendered in writing within 10' days of the hearing. They shall state the conditions of approval, if any, or the reasons for denial. The Planning Commission's decision shall be final unless appealed. F. Findings In order to grant- a conversion permit the Planning Commission, or on appeal, the City Council. must find that it is consistent with provisions in the: 1. The adopted San Luis.Obispo General Plan; and 2. the adopted Downtown Goals Statement. G. Conditions of Approval The Planning Commission or the City Counci. may establish conditions of approval which provide for the.general health, safety and welfare and relocation needs of tenants displaced by the proposed conversion. .o, RESOLUTION NO. 4534 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AND ADOPTING POLICIES AMID STAAIDARDS FOR STREET TREE PLANTING AND MAINTENANCE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council hereby approves and adopts the Policies and Standards for Str?et Tree: Planting.and.maintenance,_a copy of which is attached hereto, marked Exhibit 'W', and thereby incorporated herein. SECTION 2. A copy of said Policies and Standards shall be maintained on file in the Office of the Public Services Department for public inspection at all reasonable i'm� On motion of Councilman Settle , seconded by Councilwanaz Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Bond, Dunin and Mayor Billig. NOES: None the foregoing Resolution was passed and adopted this 16th day of ,Tune 1981. ATTEST: TTY Z PAL LA - WGPS Annroved: Director ot Public Services R 4534 A. a Subdivisions and Minor Subdivisions Street trees shall be required as a condition of subdivisions. All subdivision and minor subdivision maps submitted for approval shall clearly and accurately designate the location of any existing trees on.the property and also specify the genus, species, height, spread and trunk diameter. Any tree proposed for removal in conjunction with the development of the subdivision of minor subdivision shall be clearly designated on the map. Any approval of a tree removal request shall be issued concurrently with the approval of the subdivision's tentative map, as stated in the Tree Ordinance, Section 4300.8 of the Municipal Code. The subdivider shall prepare a street tree planting plan for the subdivision. The plan shall clearly show the as built location of all utilities and driveways, and the location of proposed trees. The number of trees required for a subdivision shall be based on an average of one (1) tree for each 35 lineal feet of street frontage. The street trees may be clustered; however when the trees are clustered, or in the case of cul-de -sacs, no two adjacent lots shall be without a tree, unless specifically approved by the staff. Trees planted in new developments may be placed up to 5 feet behind the property line and still be classified as street trees. The developer shall prepare his street tree planting plan using the trees frcm the Master Street Tree List. Trees shall.be placed in locations which avoid interference with utilities and driveways. The City may revise the tree locations and species as shown on the plan. The Master Street Tree List and the Tree Planting Plan, as adopted by "the City, shall determine tree quality and tree planting methods. Building Permits The planting of street trees shall be required as a condition of a building permit, -1- unless the.Public Services Director has determined that sufficient street trees already exist at.the.site. The applicant.for the building permit shall prepare a plot plan of the building site to be submitted.for approval. The plot plan submitted with the building permit.application shall clearly and accurately . designate the location.of all utilities, driveways, buildings,.existing and LO- sed trees., and. shall give.iocation, genus, species, height, spread and trunk diameter -.of the-existing trees. A plan prepared for a subdivision may be used for this purpose. The number of street trees.required for a lot or parcel of property shall be based on the rate of one (1) tree for each 35 lineal feet of street frontage.or portion thereof.... The trees shall be placed in locations which avoid interference: with =.util ties :..and dri.�veways:�.. The trees may be clustered. Trees.planted.in new developments may be planted up to 5 feet behind the property line and still be classified.as street.trees.. The City may revise the locations and species-of the trees as shown on the plot plan. Any tree proposed for removal in conjunction with the development of the building shall be clearly,designa.ted..on the.plan...Approval of the tree removal request shall be issued concurrently with the.approval.of the building permit. The Master Tree List and the Tree Planting Plan,-as adopted by the City, shall determine tree quality and tree .planting methods. The builder may elect to plant trees or to a cash deposit with the City in lieu of planting the trees. City inspection at the time of planting shall be required... All. street . trees shall be planted in approved condition before final inspection of the building. Formal approval of the tree planting shall coincide with the final building inspection. -2- u' C. Planting. Specifications 1. Quantity,.Species and Size • a. The number of trees to be planted shall be in accordance with the provisions.of Sections A and B hereof:. b. The genus-.and species.shall..be approved by the City,.in accordance with the Master Street. Tree List and the-Tree Planting Plan. c. All trees shall be a *m nim .of 15 gallons in size. 2. Inspection a. All trees shall..be inspected to ensure that they are healthy., vigorous stock,_ free of insects and disease. The trees shall .not -be root bound, wind - damaged, or sunburned. ..All . trees.shall have a minimum height, spread, . and caliper; as approved by the City for each species specified. Over- grown stock shall not be accepted. b. An inspector..from the Building & Parks Maintenance Crew shall be present at the time.of planting of any and all trees. c. Inspectors shall be given at least forty -eight hours notice.prior to inspection of. plants or.planting. 3. Description of work a. The contractor will furnish the trees to be planted. b. The scope of the work shall include digging the holes, mixing soil . mn ndments.with.native soil,..planting =the trees, staking the trees, building a watering basin, and watering the planted trees. c. The contractor shall provide warning and .protective devices at each planting hole:.until the City approves.the hole for planting and the planting is completed. d. The hole: shall :be`dug to the-depth and width as shown in . the.City- adopted standards. The sides shall be vertical, not belled out..at the bottom or sloped in towards the bottom. Any clay slick that .develops in the planting hole as a result of the..use of a power anger shall be removed -. -3- e. The excavated soil shall be used for planting the trees, except that if any excavated.materi.al.is deemed unsatisfactory by the City inspector, that material .shall be disposed of and replaced by an approved soil. f. Deep Root Planters shall be required on all plantings. Use manufacturer's installation specifications. g. After the tree has been placed on the fill, the space between the root ball.and the sides of the hole .shall be filled to within.18 inches below the top of the root.ball. and the.remainder of the space.shall be filled with the same fill material in-which the following has been incorporated: 2 cups:: each bloodmeal and bone meal, 1k cubic feet of nitrolized redwood compost. The contractor shall place 4 Agriform Blue Chip tablets (21 grains) or an.approved equal, and .apply 2 gallons of an approved B -1 compound (6 tablespoons to 1 gallon of water) to fill ma.terials.of each tree. h. Staking shall be as shaven in the City - adopted standards.. i. Each tree:. .shall be tied.to. the stake structure with not less than 3 tree ties. Tree ties.shall be Gro- Strait Tree .Ties, or an approved equal, 12 inches minimum length. 4. Guarantee and.Establishment Period d. -'All trees shall be guaranteed for one -year from the date of planting, and this; year. shall be defined as the Establishment Period: D. Tree Maintenance Schedule The City !"standard maintenance schedule below shall be followed during the one -year establishment period. 1. Watering, depending on season and weather conditions. 2. Fertilizing, at 4 -month intervals,.: with a balanced fertilizer at generally accepted horticultural recommended rates.. for, the species of tree, until the maintenance period is complete. 3. Spraying for insects.or• disease as needed. -4- 4. Tree damage shall be repaired when damage is noted, using approved horticultural procedure, 5. Dead.trees: shall be removed and .replaced as soon as practical after they die. 6. A monthly review of the plantings shall be conducted by the developer/ contractor and.the City's Tree Maintenance Leader for the one -year establish- meat period. -5- 1 "galvanized iron pipe (drill holes for wire) — Min. of 3 12" grostrait ties - - 18"dia. hole S_aw_ cut 6rrc1r. -r- I\ /ROOT APP 1 DATE Deep root = v I BALL planter. � 5 -15 -81 I I I 1'= 3 /4clean-J I .Amended native topsoil ��• ��1i�' backfill * rPrecosl concrete cover. Ix2 redwood central leader �II" APP 1 DATE stake, height 2' below top dm. I li � 5 -15 -81 of free I I 1'= 3 /4clean-J I Ilf i 2 6d nails of each joint —t ,• float rock Min. 3 12° grostrait ties ;\ _ 2x 2 x 8' redwood I' side stake I! l I x 2 x 18 ' redwood native topsoil I I!'; cross orate Amended , TYPE 8 native OTHER INSTALLATIONS — Staking see Type. B topsoil 4 C--i E- 'iil backfill ?E cur C'- 3/4" clean 0 float rock z - b 4— Remove clay slick if r � dug by power auger TYPE A STREET TREEWELLS 1/2 3/4' gravel 6,mil black - tlhj1 plastic membrane (I P:FI -0 I = �,� ROOT ; Ill aO _ \ BALL L rn = _ CU 3 -6 TYPE G PARKING LOT PLANTERS D BY THE CITY ENGINEER DATE. K—jtT A{ )IONS BY .I APP 1 DATE Oeeo_ract loner dm. I I.w. � 5 -15 -81 - I I 1'= 3 /4clean-J I TREE PLANTING > STAKING 6 \\ d BALL I ox ' 1'= 3 /4clean-J ,• float rock ;\ _ Deep root planter, Amended native topsoil I backfill -A i~ 2 -6 r , TYPE 8 OTHER INSTALLATIONS — Staking see Type. B 4" -6" smooth round river rock :'� Planter curb L I Asphalt. and aggregate I I base material. -L-11/2 "- 3/4" clean float rock —Deep root planter — Amended native topsoil backfill — Remove clay slick from sides of hole if dug by power auger TREE PLANTING > STAKING 6 i 9 9" R=9'. PRECAST COVERS scale 1"21, 2x4 cut to 1/2" cant strip shaped 4x4 3" actual scab ,� A- I Exposed aggregate surface 3 41:3 bar cli throughout 14 Gage galvanized iron ring I I le dia. 3/4" plywood C 3/4" plywood base A—A B—S G- C. SECTIONS THROUGH COVE-R-FORMS scale 1"--6" REVISIONS Description COVER FORMS - t'/2" cant strip scale I"= 2' APPROVED dote date City Encinetr 1/2" chomfer on all edges that bear against base ring. NOTE: Base ring and cover shall be flush with- curb and sidewalk. Base ring and cover * s will be rejec!ed if dimensions are not accurate. Inspection of covers shall be required. 48 hours notice shall be given to City Public Services when requesting an inspector. CITY OF SAN LUIS OBISPO .TREE WELL COVER Curb — Poured in place P.C.C.: 3 "x 3 "(actual) S4S D.F —�, Use enough A I. A stakes to B[ hold forms :-T N I. 7 7A I x 10 (nom.) #3 bar � continuous 6" 36 1/4" 45 1/4" BASE RING AND FORMWORK scale 1'= 2' #3 bares continuous 3" (actual) S4S D.F. z , 1x10(nom.) stakes as necessary .'•; A—A B—B BASE RING SECTIONS scale 1 = I r Inspection of base ring required. 48 hours notice shall be given to City Public Services when requesting an inspector. REVISIONS APPROVED CITY OF SAN LUIS OBISPO Description by App. date date TR EEWELL t I BASE RING City Engineer I GENERAL PLANTING NOTES BAIMCFILL MATERIAL to be made from acceptable excavation material mixed with two (2) cups each bloodmeal and.bonemeal, and one, and one -half (1- 1 /2)•cubic ' feet of nitrolized redwood compost. ' -Upon planting add four -(4) "AGRIFORM BLUE CHIP ".tablets (or equal)-arid two (2) gallons vitamin -B -1 compound -(1 tbsp /gal). 1. Inspection of tree planting shall. be required. 48 hours notice shall be given to the City,Public Services when requesting an..inspector. 2. Fill well .about 5" above line'of bottom_ of rootball_. Water to settle fill material. Tamp backfill. . 3. Place tree and complete backfil.l,.including tablets, and water and B -1'. compound. 4. Finish grade for street treewell .installations (type A) shall be 4" below the bottom of the covers. 5. Deep root planters shall be installed according to the manufacturer's specifications in conjunction with any street tree planting. APPROVED BY THE CITY ENGINEER DATE / i REVISIONS - •BY- APP .DATE - 9-