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HomeMy WebLinkAbout8500-8522RESOLUTION NO. 8522 (1996 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL AND UPHOLDING THE DECISION OF THE CHIEF OF POLICE TO DENY A TAXI DRIVER'S PERMIT BE IT RESOLVED by the'City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The Council after consideration of the appellants's statement, the determination of the Chief of Police, staff recommendations and reports thereon, makes the following findings: William Charry failed to disclose the full extent of his arrest record on his taxi driver's permit application. 2. William Charry has been convicted for being under the influence of a controlled substance and was untruthful regarding such use during his appeal of Captain Chelquist's decision to deny his taxi driver's permit application. 3. Despite assurances to the contrary, based on William Chary's lack of candor in multiple conversations and his possible racidivism, he cannot be trusted to refrain from similar activities in the future. SECTION 2. Action. The appeal of the decision of the Chief of Police to deny a taxi driver's permit to William Charry is hereby denied. Upon motion of Council Member Romero and on the following roll call vote: seconded by Council Member Williams AYES: Council Members Romero, Williams, Mayor Settle NOES: Council Members Roalman, Smith ABSENT: None the foregoing resolution was adopted this 2 day of April , 1996. ATTEST: CLERK KIM CONDON ��i MA$ OR ALLEN K. SETTLE R8522 Resolution No. 8522 (1996) Page 2 APPROVED AS TO FORM: • r ° FF JORGENSEN f CfL 0 RESOLUTION NO. 8521 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF'SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP, FROM RECREATION TO MEDIUM- HIGH - DENSITY RESIDENTIAL, FORA 8,450- SQUARE -FOOT PORTION OF A LOT ON THE SOUTH SIDE OF LOS OSOS VALLEY ROAD (GP 161 -95) WHEREAS, the Planning Commission and the City Council have held public hearings in accordance with the California Government Code and Municipal Code Chapter 17.62 to consider amending the Land Use Element from Recreation to Medium- High - Density Residential for a 8,450- square foot portion of a lot owned by the Congregational Church (GP 161.95); and WHEREAS, the potential environmental impacts of the proposed General Plan amendment (GP 161.95) have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines in initial study ER 161 -95; as follows: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo SECTION 1. Findings. That this council, after consideration of public testimony, the general plan amendment request GP 161 -95, the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings.. The map amendment is consistent with the General Plan, and specifically with policies for residential areas in the Land Use Element. 2. An initial study of environmental impacts was prepared by the Community Development Department on February 8, 1996, that describes environmental impacts associated with the map change. The Community Development.Director, on February 8, 1996, reviewed the environmental initial study and granted a Negative Declaration of environmental impact. The initial study concludes that the project will not have a significant adverse impact on the environment, and the City Council hereby adopts the Negative Declaration R8521 Resolution no. 8521 (1996 Series) GP 161 -95 11245 Los Osos Valley Road Page 2 and finds that the Negative Declaration reflects the independent judgement of the City Council. SECTION 2. Approval. The general plan amendment GP 161 -95, as shown on exhibit A, attached, is hereby approved. Council Member Williams Council Member Smith On motion of _ _seconded by , and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero, Mayor Settle NOES: None ABSENT: None the foregoing resolution as passed and adopted this 2 day of _April , 1996. Mayor Allen K. Settle ATTEST: APPROVED: City An6rney by Asst. City Clerk Kim Condon C off. 8520 RESOLUTION NO. (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE LAND USE AND OPEN SPACE ELEMENTS OF THE GENERAL PLAN TO ENABLE WIRELESS TELECOMMUNICATION FACILITIES TO LOCATE INSIDE AN EXISTING THREE -ACRE LEASEHOLD ON TOP OF SOUTH STREET HILLS (GP /R 105 -95) WHEREAS, the Planning Commission and the City Council have held public hearings in accordance with the California Government.Code and Municipal Code Chapter 17.62 to consider amending the text of the Land Use and Open Space Elements of the General Plan to enable wireless telecommunication facilities to locate inside an existing three -acre leasehold on top of South Street Hills (GP 105 -95); and WHEREAS, the potential environmental impacts of the proposed General Plan amendment (GP/R 105 -95) have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines in initial study ER 43 -95; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the proposed text amendment GP/R 105 -95 as set forth in Exhibit A and the Planning Commission's recommendations; staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The proposed amendments will not have significant adverse environmental impacts provided the mitigation measures recommended in the initial study (ER 43 -95), and outlined in Exhibit B, are incorporated into future projects involving installation of new radio facilities on the South Street Hills site. 2. Amendments as outlined in Exhibit A to the Land Use and Open Space Elements are reasonably necessary to accommodate local wireless telecommunication services. 1 R8520 Res. 8520 (1996 Series) Page 2. SECTION 2. Environmental Determination. The Council finds that the project's initial study and mitigated Negative Declaration, ER 43 -95, hereby incorporated into this resolution by reference, adequately address the potential significant environmental impacts of the proposed text amendment to the Land Use and Open Space Elements, and reflect the independent judgement of the City Council. The Council hereby adopts said Negative Declaration with incorporation of all mitigation measures outlined in Exhibit B into projects enabled by this General Plan amendment. SECTION 3. Approval. The request for approval of General Plan amendment GP /R 105 -95 is hereby approved. On motion of Council .Member Romero seconded by Council Member Smith and on the following roll call vote: AYES: Council Members Romero, Smith, Roalman, Williams, Mayor Settle NOES: None ABSENT: None the foregoing resolution was passed and adopted this ? day of April _ _ _ , 1996. E Res. 8520 (1996 Series) ATTEST: Clerk , by Asst. City Clerk Kim Condon APPROVED: [J�/ I ii O -<557,, or Allen K: frttle GP 105 -95 ER 43 -95 EXHIBIT A Open Space Element Policy II.A.2.C.1.: (page 14) Within the city limits require... public or private development to: Locate structures, accessory structures, paving, and grading at the base of a hill or mountain (generally the area below 20 percent slope) unless: (A) no practicable alternative is available, (B) the location on a greater slope or at a greater elevation provides more aesthetic quality, or (C) the location is necessary to protect the public health and safe prayFdet;for;;teI anr;se;Eemenf. Open Space Element Policy II.J.1.C.1.: (page 74) Require public or private development to protect scenic resources by: Prohibiting structures along ridgelines, steep slopes, or in other highly visible locations unless no practical alternative is available otheRVise prnyided f ©r. r the Land. Xse Eleme t; or such a location is necessary to protect public health and safety. Land Use Element Policy 6.2.2 Development Standards: (Page 65) Development -- including buildings, driveways, fences, and graded yard areas -- on hilltop parcels shall: A. Be entirely within the urban reserve line or development limit line, whichever is more restrictive (though parcel boundaries may extend beyond these lines when necessary to meet minimum parcel-size standards uriSess <'(zwz''outsefi e P �..:::,:::.-:.......::::::::.:::::.::::::: :::..::.:::.:::::::::::: ::::::: urban. rese tnes.r €ecessary tn..protect.publse 1�eaI# arisT safes ai as pxnvided n:xubprapit I beov�; B. Keep a low profile and conform to the natural slopes; GP 105 -95 ER 43 -95 EXHIBIT A continued C. Avoid large, continuous walls or roof surfaces, or prominent foundation walls, poles, or columns; D. Minimize grading of roads; E. Minimize grading on individual lo ts;. generally, locate houses close to the street; minimize, the grading of "visible driveway's; F. Include planting which is compatible with native hillside vegetation and which provides avisual transition from developed to open areas; G. Use materials; colors, and textures which blend with the natural landscape and avoid high contrasts; H. Minimize exterior lighting. GP 105 -95 ER 43 -95 EXMBIT B MITIGATION SUMMARY: 1. General Plan amendment language shall include policies to ensure new radio facilities are restricted to locations where such facilities already exist and provide for use permit and architectural review. 2. To ensure that the access road. remains passable, any use permit approved for new radio operators or facilities on the South Street Hills site shall stipulate road maintenance responsibilities. 3. To ensure that new radio facilities do not interfere with existing on -site radio facilities, any application for such a new facility shall include an analysis prepared by an independent, qualified, radio engineer that analyzes all proposed and existing equipment and radio frequencies and the resulting potential for radio interference. The selection of the consultant preparing the study shall be approved by the City. If the analysis concludes there is a potential for interference, the report shall recommend methods to reduce or eliminate possible interference, including alternative siting options. If the project is approved, the use permit shall assign responsibility for testing and implementing such methods that demonstrate there will be no radio frequency interference with existing on -site radio facilities prior -to the use commencing. 4. Any use permit approving new radio facilities at the South Street Hills site shall stipulate an action plan for correcting radio interference that occurs subsequent to installation of such new facilities. 5. Any use permit approving new radio facilities at the South Street Hills site shall be subject to revocation in the event such facilities result in radio interference with municipal radio operations necessary for field work and emergency response coordination. 6. To be sure new construction avoids damage to sensitive plant species, further biological evaluation shall be performed as part of any use permit for development on the site. GP 105 =95 ER 43 -95 EXHIBIT B continued 7. In conjunction with any City approval for new radio facilities on the South Street Hills site, a radio frequency radiation hazard management program shall be developed to the satisfaction of the Fire Chief, and shall include a baseline radio frequency field measurement prior to construction, regular measurements thereafter in and around such facility, and posting measurement results. in a place visible to anyone visiting the site. 8. No use permit shall be approved fora new facility when such new facility will result in levels of radio frequency radiation that exceed American National Standards Institute safety standards for the general public. 9. Radio facilities, including cellular base stations, proposed for the South Street Hills site shall be subject to review and approval by the Architectural Review Commission with the objective of minimizing visual impacts consistent with hillside development standards outlined in the Land Use and Open Space Elements. 10. Facilities shall be designed to enable collocation with other similar facilities. 11. Any application for architectural review of a new radio facility shall include an independent visual analysis of the site. The analysis shall provide visual exhibits for use in public hearings that depict a realistic interpretation of the project superimposed on the backdrop of the site, as it can be seen from throughout the city. Visual exhibits shall be subject to the approval of the Community Development Director. The analysis shall provide alternative design solutions, such as undergrounding support buildings, collocation, and alternative siting options for the ARC'S consideration. e -tVs. o 0 W- Resolution 8519 Not Used RESOLUTION NO. 8518 (1996 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SUBMITTAL OF NATIONAL REGISTER APPLICATIONS FOR THE BOWDEN LA LOMA, RODRIGUEZ AND CANET ADOBES, LOCATED AT 1490 LIZZIE STREET, 466 DANA STREET AND 4025 ORCUTT ROAD. WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the "Master List of Historic Resources ", along with eligibility criteria and procedures for adding properties to the listing; and WHEREAS, the Bowden - La Loma, Rodriguez and Canet Adobes, located at 1490 Lizzie Street, 466 Dana Street and 4025 Orcutt Road, have been determined by the City Council to meet historic designation criteria and are listed on the City's Master List of Historic Resources; and WHEREAS, the Cultural Heritage Committee has determined that the subject properties are "potentially eligible for the National Register of Historic Places" and has initiated the preparation of applications to qualify for such listing; and WHEREAS, it is the desire of the San Luis Obispo City Council, the Cultural Heritage Committee, and the Community to recognize the Bowden - La Loma, Rodriguez and Canet Adobes as important cultural and historic resources by their inclusion on the National Register of Historic Places, administered by the State Office of Historic Preservation and the National Park Service, Department of the Interior; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Cultural Heritage Committee is authorized to submit National Register applications for the Bowden - La Loma, Rodriguez and Canet Adobes to the California Office of Historic Preservation for consideration and action. R8518 Council Resolution No. 8518 (1996 Series) Page 2 y, SECTION 2. The Cultural Heritage Committee is authorized to act on the City's behalf in processing the National Register applications. On motion of Council Member Williams seconded by Council Member Smith and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero, Mayor Settle NOES: None ABSENT: None The foregoing Resolution fwwas s sed and adopted this 2nd day of April, 1996. Mayor Allen Settle ATTEST: Assistant City Clerk APPROVED: Jeff Jorgensen, City Attorney WL,.qx L. �J RESOLUTION NO. 8517 (1996 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESTATING THE MAYOR AND COUNCILMEMBER COMPENSATION PLAN AND RESCINDING PREVIOUS RESOLUTION NO. 6587 IN CONFLICT WHEREAS, it is the practice of cities to compensate and reimburse for business expenses their Mayors and Councilmembers for official duties; and, WHEREAS, Charter Section 410 provides for compensation and reimbursement of expenses for the Mayor and Councilmembers and establishes a procedure for a biannual review by a five- member Council Compensation Committee; and, WHEREAS, a five - member Council Compensation Committee was appointed and has met and reviewed Mayor and Councilmember compensation in accordance with the procedure provided by the Charter; and, WHEREAS, the Council Compensation has determined that the present criteria for and levels of compensation remain valid; NOW THEREFORE, BE IT 'RESOLVED by the Council of the City of San Luis Obispo that Council compensation be established as recommended by the Council Compensation Committee as follows: SECTION 1. BASIC COMPENSATION Effective January 1, 1997, the basic compensation for services rendered in an official capacity shall be provided.as follows: , A. Councilmember. $800. monthly B. Mayor. $1,000. monthly SECTION 2. OTHER BENEFITS: RETIREMENT AND HEALTH INSURANCE The Mayor and Councilmembers shall be entitled to City- funded participation in P.E.R.S. retirement. The City shall contribute $415 toward the Mayor and Councilmembers participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall hot be distributed to the Mayor and Councilmembers in cash. SECTION 3. PROFESSIONAL DEVELOPMENT' AND EDUCATION Allowances shall be budgeted for the Mayor and each Councilmember as follows: R8517 C- Resolution No. 8517 (1996 Series) Page 2 A. Professional Development. For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out-of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines. Annual Allowance: Council member $1500 Mayor $1800 B. League of California Cities Conference. For the cost of participating in the Annual Conference of the League of California Cities.. The City shall also reimburse the following_ costs for .spousal participation, which is encouraged:_. ■ Double room instead of single room:. ■ Spousal registration fees to attend Conference seminars (this does not include reimbursement for recreational activities that may be offered by the League during meeting activities). ■ Travel expenses only if a bus, train, or plane must be used rather than a city vehicle. (See adopted City Travel Guidelines for approved uses.) If the public official Uses his /her personal vehicle, travel reimbursement shall be provided only the employee. ® Meals that spouses are expected to attend as part of directly- related Conference activities will be reimbursed at the same per diem as the public official. C. Start-uo Allowance. An additional professional development allowance up to $1,000 shall be budgeted to each new Mayor and Councilmember to help accelerate his /her comprehension of municipal and legislative operations during the first 12 months following the taking of office. SECTION 4. CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Councilmemb_ er as follows: A. City - Business. For costs incurred in connection with official city business. Said "allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. o Resolution No. 8517 (1996 Series) Pagel Quarterly Expense Allowance Councilmember $300 Mayor $450 B. Mileage: For official travel within the County of San Luis Obispo, reimbursement shall be made upon . submittal of an official mileage expense form: Quarterly Mileage Allowance Councilmember $300 Mayor $450 SECTION 5. GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Councilmember is expected to plan business. activities so as to stay within his /her budget. When. exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. A. Accountina. An account shall be established in the name of each Councilmember with all expenditures charged to the individual Councilmember or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 4. above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available for review in the City Clerk's Office and the Mayor and Councilmembers shall receive quarterly statements. B. Reimbursement Limitation. The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials, and telephone usage. C. Special expenses. For occasions when the Mayor and /or a Councilmember is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel expense Account. 0 to Resolution No. 8517 (1996 Series) Page .4 D. Honorarium. if the Mayor or a Councilmember receives an honorarium as a result of his /her participation in a meeting or conference, the amount of the honorarium shall be deducted from the amount normally provided by the City for that meeting or conference if the City paid for the Council member's attendance at such meeting or conference. E. Other Guidelines: Any other travel - related issue not specifically governed in this resolution shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. SECTION 6. COUNCIL COMPENSATION COMMITTEE A five - member review committee shall be appointed by January 1 in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council within 90 days, or no later that April 1st. A. Membership. The. committee membership ,sha.11 have as broad a representation as possible, including but not limited to one previously elected official, one Personnel board member, and one citizen -at- large. B. Review Responsibility. The committee shall review the full Council compensation package including salary, benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should include, but shalt not be limited to: 1) compensation of Council and Mayors of cities of similar population /budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and 5) any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate which may have added to or deducted from the duties and responsibilities of the Councilmembers and /or Mayor. On motion of Council Mbr. will inige,co nd ed by Council Member Smith and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero, Mayor Settle NOES: None . ABSENT: None Resolution No. 8517 (1996 Series) Page 5 the foregoing Resolution was passed and adopted this 2 day of April 1996. Mayor Allen Settle ATTEST: ting Clerk Kim Condon APPROVED AS TO FORM: s,z;«<ae 0�11 L� - PW RESOLUTION NO. 8516(1996 Series) A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO` APPROVING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO THE BICYCLE TRANSPORTATION PLAN WHEREAS, the City Council adopted the 1993 Bicycle Transportation Plan which identifies access to and through the downtown from the south end of town as a future . study item, and WHEREAS, on March 30, 1995 and again on June 22, 1995 the Bicycle Committee reviewed options for providing access through and into the downtown, and WHEREAS, the Community Development Department has determined that the proposed amendment will not have a significant effect on the environment and has granted a negative declaration. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo as follows: - Section 1. Amend the 1993 Bicycle Transportation. Plan (Figure //1) to show a Class 1 bicycle path between Santa Barbara Street at the Santa Barbara/Morro /Upham intersection and the south end of the Railroad Square parking, as shown on attached Exhibit A. incorporated by reference. Section 2. The City Council hereby approves a Negative Declaration of Environmental Impacts associated this amendment to the Bicycle Transportation Plan. Section 3. The Public Works Department shall make available to die public the amended Bicycle Transportation Plan and shall distribute copies to appropriate members of City government, to the California Department of Transportation, and other appropriate agencies and local libraries. Upon motion of � Council Member. Williams seconded by Council Member Romero and on the following roll call vote: t t R -8516 Resolution No. 8516 (1996 Series) Page 2 AYES: Council Member Williams, Romero, Smith, Roalman, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 19 day of March 1996. AN All Settle V G RESOLUTION NO. 8515 (1996 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING BIA RULES AND REGULATIONS FOR THURSDAY NIGHT ACTIVITIES WHEREAS, the original purpose of Thursday Night Activities was to promote Downtown San Luis Obispo businesses; and WHEREAS, this purpose must be constantly reinforced through the application of Thursday Night Activities Rules and Regulations; and WHEREAS, the Business Improvement Association wishes to strengthen the current Thursday Night. Activities Rules and Regulations. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution 8493(1996 Series) is hereby rescinded. SECTION 2. That the BIA Rules and Regulations for Thursday Night Activities, attached hereto marked exhibit "A" and incorporated herein by reference, have been reviewed and are accepted. Recommended changes shall be made from time to time by the BIA Board of Directors for subsequent Council approval. On motion of Council Member Romero . and seconded by Council Member smith - —,and on the following role call vote: AYES: Council Members Roalman, Romero, Smith, Williams, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 1 day of March, 1996 Mayor Allen Settle by Asst. City Clerk Kim Condon APPROVED AS TO FORM AND CONTENT: Q- Jeff ensen, City Attorney R -8515 �' �' � C� .�= r ~ V ° v cd O 3 :�, > o � Q O as • U C. . C N ono cz Co C/I to= Q vi > C h 0 •o n Cd cn ccl N :z ° >o co.` �`da) ti T fA W O° l T c0 S a o a o a E- CCO a p3 0 C COD Q ,�30 C's 14 CLO. E�� �1 V1 i 00 a i� ° .4 = O h T T >•Ow A cz co 3 Co = to v �ca��C� �TC-4Ocd0 i. GQ Yd O b UC),,, C ONO�Ca.p o > °o . ow z C'sa+ T > cC .� CM c'�O 0 .. � b o� CA MC`'.a�. Fa. Heic3°�° cd v v III R U. 'b W co o❑va U c3 cCd O Cd O cs y'U .= O � c a a C cz � V C a .0 •o .:3 •p d0 q) 6 CO l d? 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CO \ 32 � k N e co e. e \ /\\ .c /\ \k a $0C) / &. ° ar.� c cd > Cd /= ) / ƒC et# ®q �z O/ tom$ ° \> JN 444 \ ] \ z \� \ �(co a� . . .. a R 2 � 0 �z 0< _ /U)/ Cc u e� ±R D / / $ O00 R CL Cc: E� (n O q0 C/ u 2 e « \% /// kJ % /.3 0 U) 2 0 » � z « I e C'.5L%s I� V RESOLUTION NO. 8514 (1996 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THAT THE PROPERTY AT 663 CHURCH STREET CONSTITUTES A PUBLIC NUISANCE, AND ORDERS ABATEMENT OF SAME WHEREAS, the Council of the City of San Luis Obispo held a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California and determined a public nuisance exists upon certain premises situated in .said City known and designated as 663 Church Street and, more particularly described as Lot 8, Block 124, Murray and Church's addition, and shown as Assessor's Parcel No. 003- 641 -003 in the County of San Luis Obispo, and WHEREAS, the nuisance consists of the following: boxes, debris, wood, cut vegetation, and any other combustible material deemed a hazard by the authority having jurisdiction. NOW, THEREFORE BE rr RESOLVED, the Council finds upon the evidence presented at the hearing that a public nuisance exits, and if the same is not promptly abated by the owner of said premises, within 30 days from this date, said nuisance may be abated by municipal authorities by removal or other appropriate action, the cost of which will constitute a lien upon such premises until paid. Upon motion of Council Member Romero ,seconded by Council Member Williams and on the following roll call vote: AYES: Council Members Romero, Williams, Roalman, Smith, and Mayor Settle NOES: None ABSENT: None R -8514 n Resolution No. 8514 (lyy6 Series) Page 2 the foregoing resolution was adopted this 5 day of March , 1996. Mayor Allen Settle ATTEST: i ler b Assistant City Clerk Kim APPROVED: ��� • C u RESOLUTION NO. 8513(1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1996, A PROPOSED CHARTER AMENDMENT WHICH WOULD ADD SECTION 909 TO ARTICLE IX RELATIVE TO THE USE OF THE WATER SUPPLY "RELIABILITY RESERVE" WHEREAS, the City Council adopted the concept of a "reliability reserve" which is intended to maintain adequate City water supplies for City residents during unpredictable changes such as a new worst case drought, loss of one of the City's water sources, contamination of a water source, or failure of a new water source to provide projected yield; and WHEREAS, the City Council amended the Water and Wastewater Element of the General Plan on March 3, 1993 (Resolution No. 8135) which established the objective of acquiring an additional 2,000 acre -feet of water as a reliability reserve; and WHEREAS, the City Council adopted the Urban Water Management Plan on November 15, 1994 which established the objective of acquiring an additional 2,000 acre -feet of water as a reliability reserve; and WHEREAS, the City Council upon adoption of the Urban Water Management Plan directed staff to place a ballot measure on the November 1996 election to amend the City Charter to include a policy relative to the use of the reliability reserve. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is hereby ordered to be submitted to the voters at the General - Municipal Election to be held on Tuesday, November 5, 1996, for the purpose of voting upon a proposed Charter amendment as hereinafter set forth. 2. The proposed Charter amendment would add a policy relative to the allowed use of the,reliability reserve. 3. Said proposed Charter amendment amends Charter Article IX, adding "Section 909. Use of Reliability Reserve ", to read as follows: As identified in the Water Management Element of the General Plan, the City shall strive to acquire additional water supplies as a "reliability reserve" to protect the City from future water shortages. Once the City has acquired a portion or all of the reliability reserve, the additional water supply shall only be used to meet City needs during unpredictable changes such as a new worst case drought, loss of one of the City's water sources, contamination of a source, or failure of a new source to provide projected yield, and not to allow additional development. R -8513 Resolution No. 8513 (1996 _:ies) Page 2 4. The ballot format for the proposal to amend Article IX, adding "Section 909. Use of Reliability Reserve" shall be substantially as follows: CITY MEASURE I Shall City Charter Article IX be amended to add "Section 909. Use of Reliability Reserve" om NO 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "YES" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. 7. This Resolution shall take effect upon its adoption. Upon motion of C.M. Smith , seconded by C.M. Roalman , and on the following roll call vote: AYES: Council Members Smith, Roalman, Williams, Mayor Settle NOES: Council Member Romero ABSENT: None the foregoing resolution was adopted this 5 day of March 1996. Mayor Allen Settle I:1 Kim Condon, Asst. City Clerk Approved: City Administrative Officer <)1411 X�z V-4419AXA- i tto ey C C RESOLUTION NO. 8512 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 51 1996, A PROPOSED CHARTER AMENDMENT WHICH WOULD AMEND CHARTER SECTION 901(A) CONCERNING PUBLIC WORKS TO BE DONE BY CONTRACT WHEREAS, current Charter Section 901(A).makes a reference to Government Code Section 37902; and WHEREAS, Government Code Section 37902 has been replaced and superseded by Public Contract Code Section 20162; and WHEREAS, it .is advisable to amend Charter Section 901(A) to refer to the appropriate state regulation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is hereby ordered to be submitted to the voters at the General - Municipal Election to be held on Tuesday, November 5, 1996, for the purpose of voting upon a proposed Charter Amendment as hereinafter set forth. 2. The proposed Charter amendment would amend Charter Section 901(A) concerning Public works to be done by, contract, to refer to the Public Contracts Code. 3. Said proposed Charter amendment amends Charter Section 901(A) to read as follows: "SECTION 901. Public Works To Be Done By Contract. (A) Except as provided in subsection (D) of this section, every project involving an expenditure of City monies of more than the amount specified in Section tt 6 of the Gevernmesrc Code of the State of "'California, as the same now 'exsts "or may hereafter be amended for the construction or improvement of public buildings, works, .drains, sewers, utilities, parks, playgrounds, and streets (exclusive of, projects for resurfacing, maintenance, and repair of streets) shall be let by contract to the lowest responsible bidder after notice by publication in the official newspaper by one or more insertions the first of which shall be at least ten (10) calendar days before the time for opening bids." R -8512 O O Resolution No. 8512 (1996 Series) Page Two 4. The ballot format for the proposal to amend Section 901(A) shall be substantially as follows: 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. 7. This Resolution shall take effect upon its adoption. Upon motion of C.M. Williams , seconded by C.M. Smith , and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 5 day of March , 1996. Mayor Allen Settle by Kim Condon, Asst. City Clerk Resolution No.85.12 (1996 Series) Page Three APPROVED: �� RESOLUTION NO. 8511 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 51 1996, . A PROPOSED CHARTER AMENDMENT WHICH WOULD DELETE CHARTER SECTION 807 CONCERNING PROPERTY. TAXES WHEREAS, in 1978 California .Constitution Article XIIIA, commonly-known as Proposition 13, was adopted by the voters; and WHEREAS, Proposition 13 limited the manner in which ad valorem property taxes may be imposed and superseded any local assessment .method to the contrary; and WHEREAS, Charter Section 807 has been rendered inoperative by the provisions of Proposition 13.. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter- amendment is hereby ordered to be submitted to the voters at the General- Municipal Election to be held on Tuesday, November 5, 1996, for the purpose of voting upon a proposed Charter Amendment as hereinafter set forth. 2. The proposed Charter amendment would delete. Charter Section 807 concerning property taxes because of the superseding provisions of Proposition 13. 3. Said proposed Charter amendment deletes Charter Section 867 as follows: R -8511 Resolution No. 8511 Page Two (1996 Series) prepet-ty —tames €er eunlelpal urpeses are levied and eel- leeted, as - additlenal taifes, If ne ether €e-- the - payment- tkeree= is made-r erty fee- prieelpal and interest - a €gall bends or judgments 4. The ballot format for the proposal to amend Section 807 shall be substantially as follows: CITY MEASURE G Shall City Charter Section 807 YES concerning property taxes be - -- - - - - -- deleted? NO 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. o , Resolution No.8511(1996 Series) Page Three 7. This Resolution shall take effect upon its adoption. Upon motion of C.M. Williams ; seconded by C.M. Smith and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 5 day of March ; 1996. Mayor Allen Settle ATTEST: 0 Kim Condon, Asst. City Clerk APPROVED: y *` � O �; o 0 RESOLUTION N0. 8510 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL 'ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1996, A PROPOSED CHARTER AMENDMENT WHICH WOULD AMEND CHARTER SECTION 709 TO ALLOW THE COUNCIL TO ADOPT A PERSONNEL POLICY BY ORDINANCE OR RESOLUTION WHEREAS, current. Charter Section 709. requires the City Council to adopt a Personnel Policy by ordinance; and WHEREAS, ongoing changes to Federal and State law with respect to personnel matters, and employee negotiations, require frequent amendment to the City's Personnel Policy; and WHEREAS, the requirement that changes to the City's Personnel Policy be done only by ordinance creates an unnecessary and time consuming procedural burden; and WHEREAS, it would be more efficient to allow the Council to adopt a Personnel Policy by ordinance or resolution. NOW, THEREFORE, BE IT RESOLVED by -the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is hereby ordered to be submitted to the voters at the General - Municipal Election to be held on Tuesday, November 5, 1996, for the purpose of voting upon a proposed Charter Amendment as hereinafter set forth. 2. The proposed Charter amendment would amend Charter Section 709 to allow the Council to adopt a Personnel Policy by ordinance or resolution. 3. Said proposed Charter amendment amends Charter Section 709 to read as follows: °SECTION 709.' Employment Policy.. The Cite Council shall adopt„ a Personnel Policy wee,y odxxlari0 t�eSOt�ni. prescribing hiring, discharge ariiiper`fo "rmance standaras for Council appointees, department heads, and other appointive officials. No official appointed by the City Council shall be terminated within the three (3) months following a municipal election. No official subject to appointment R -8510 Resolution No.8510 (1996 Series) Page Two by the City Administrative Officer shall be terminated within the three (3) months immediately following the appointment of a new City Administrative Officer. Any notice of termination, transfer, or demotion shall state the effective date of the action and a copy shall be filed with the Personnel Department." 4. The ballot format for the proposal to amend Section 709 shall be substantially as follows: CITY MEASURE F Shall City Charter Section 709 be YES amended to allow the Council to adopt - - --- -- a Personnel Policy by ordinance or NO resolution? 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. 7. This Resolution shall take effect upon its adoption. Upon motion of C.M. Williams , seconded by C.M. Smith , and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 5 day of March , 1996. i Mayor Allen Settle ATTEST: City/Cldr]t_ by /Rim Condon, Asst. City Clerk L1 Resolution N0.8510 (1996 Series) Page Three APPROVED: I� �ti � h yi,� i ➢�� 1 RESOLUTION N0. 8509 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1996, A PROPOSED CHARTER AMENDMENT WHICH WOULD AMEND CHARTER SECTION 410 CONCERNING THE TIME OF PAYMENT OF COUNCIL COMPENSATION WHEREAS, current Charter Section 410 provides that the Mayor and Councilmembers shall be paid monthly; and WHEREAS, all other officials and employees of the City are paid on a b- weekly basis; and WHEREAS, creation of a separate payroll schedule solely for the Mayor and Councilmembers would create unnecessary expense and administrative procedure; and WHEREAS, it is appropriate to conform the.time of payment of Council compensation to the regular City payroll schedule. NOW, THEREFORE, BE_IT RESOLVED by the.Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is .hereby ordered to be submitted to the voters at the General- Municipal Election to be held on Tuesday, November 5, 1996, for the purpose of voting upon a proposed Charter Amendment as hereinafter set forth. 2. The proposed Charter amendment would amend Charter Section 410 concerning the time of payment of Council compensation to conform to the regular City payroll schedule. 3. Said proposed Charter amendment amends Charter Section 410 to read as follows: "SECTION 410. Compensation. The Mayor- and each Councilmember shall receive compensation for services payable menthly accgrdn t g` the r'oruar Cityiayroll schdtTle, with 'ttie Mayor ,...,... receiving greater compensatidii than the other Councilmembers. Compensation for Mayor and Councilmembers shall be reviewed biennially in even- numbered years. When warranted, said compensation may be adjusted by Council resolution, to be effective January 1st of the year following the review. The compensation rate may be revised by the electorate by initiative. R =8509 Resolution No. 8509(1996 Series) Page Two Mayor and Councilmember expenses incurred for official business shall be reimbursed." 4. The ballot format for the proposal to amend Section 410 shall be substantially as follows: CITY MEASURE Shall City Charter Section 410 YES concerning the time of "payment of ----- - - - - -- Council Compensation be amended to NO conform with the regular City payroll schedule? 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. 7. This Resolution shall take effect upon its adoption. Upon motion of C.M. Williams , seconded by C.M. Smith and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 1996. T6 Mayor Allen`Settle ATTEST: Cio Clerk b Kim Conk- Asst. City Clerk 5 day of March I Resolution No -8509 (1996 Series) Page Three APPROVED: Fol� 1 'j ,10 U lJ RESOLUTION NO. 8508 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5 1996, A PROPOSED CHARTER AMENDMENT WHICH WOULD .AMEND CHARTER SECTION 407 CONCERNING THE POWERS AND DUTIES OF THE MAYOR DURING AN EMERGENCY WHEREAS, current Charter Section 407 provides that the Mayor shall be recognized by the Governor as the official head of the City for "military" purposes, and that the Mayor shall take command of the public forces, maintain order, and enforce laws in time of public danger or calamity; and WHEREAS, the above provisions are outdated because they conflict with a comprehensive plan for emergency services adopted by the State, and implemented by the City in Chapter 2.24 of the Municipal Code; and WHEREAS, Chapter 2..24 of the Municipal Code provides that the Mayor shall be Chairperson of the Disaster Council during an emergency;.and WHEREAS, it is appropriate to amend the Charter to accurately reflect the powers and duties of the Mayor during an emergency, in conformance with Municipal Code Chapter 2.24. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is hereby ordered to be submitted to the voters at the General - Municipal Election to be held on Tuesday, November 5, 1996, . for the purpose of voting upon a proposed Charter Amendment as hereinafter set.forth. 2'. The proposed Charter amendment would amend Section 407 concerning the powers and duties of the Mayor during an emergency, to bring them into conformance with Municipal Code Chapter 2.24. 3. Said proposed Charter amendment amends Charter Section 407 to read as follows: "SECTION 407. Mayor - Powers and Duties.. The Mayor shall preside at all meetings of the city Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote R -8508 Resolution No. 8508 Page Two (1996 Series) when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the Administrative Officer in matters of policy. The Mayor shall present an annual work program to the Council for its consideration at the first meeting in May. The Mayor shall have the responsibility for forwarding the work program approved by the Council. The Mayor shall be recognized as the official head of the City for all ceremonial purposes and by- he perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter." 4. The ballot.format for the proposal to amend Section 407 shall be substantially as follows: CITY MEASURE D Shall City Charter Section 407 concerning the powers and duties of YES' Mayor during an emergency be amended - - - - -- to bring them into conformance with NO Municipal Code Chapter 2.24? 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. 7. This Resolution shall take effect upon its adoption. Resoluton No. 8508 (1996 Series) Page Three Upon motion of C.M. Wi l l i'amG . seconded by c M cmyth , and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 5 day of March , 1996. J Mayor Allen Settle b}( Kim Condon, Asst. City Clerk .RESOLUTION NO. 8507 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO.BE HELD ON TUESDAY, NOVEMBER 51 1996, A PROPOSED CHARTER AMENDMENT WHICH WOULD DELETE CHARTER SECTION 404 (C) EXTENDING COUNCILMEMBER TERMS OF OFFICE WHEREAS, in 1991 the City Council amended Charter Section 404 to extend the terms of Councilmembers then in office because the General Municipal Election was moved to the first Tuesday after the first Monday in November of each even - numbered year; and WHEREAS, the terms of office of all Councilmembers affected by Charter Section 404(C) have expired, and therefore there is no further need for these provisions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is hereby ordered to be submitted to the voters at the General- Municipal Election to be held on Tuesday, November 5, 1996, for the purpose of voting upon a proposed Charter Amendment as hereinafter set forth. 2. The proposed Charter amendment would delete Charter Section 404(C) extending Councilmember terms of office. 3. Said proposed Charter amendment amends Charter Section 404 to read as follows "SECTION 404. Terms of Office. (A) The term of the Mayor shall be two years, and the terms of the Councilmembers shall be four years. (B) Terms shall commence on the first day of December at twelve o'clock noon following the election and each shall serve until a successor is elected or appointed and qualified. Ties in voting shall be settled by the casting of lots. Any ethe :is In this Eharter —te the R -8507 C C� Resolution No. 8507 (1996 Series) Page Two 2g The terms of of €lee of the Geunallraembers eeeeted—at the Nevember -7, 1989 geeeFai munielpal eleetlen shall be emtended €r-em €eu* years until —a sueeesser is 'mil eted ___ appointed and q ^l f-le frell_____ the November 8, 9:994 general munieipal eleetlen,-- 3. The- ,agpremimete twelve m_: `': erleds =€ = rW r �- ektemsiee –set €eFth in subseetiens (I) and (2) e € mss eeetien —shall net — be— e9unted in determining the disability to serve set €erth in Seetlen 495 of this Ghaiater T11 4. The ballot format for the proposal to amend Section 404(C) shall be substantially as follows: CITY MEASURE C YES Shall City Charter Section 404(C) ----- - - - - -- extending Councilmember terms of NO office be deleted ?' 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. 7. This Resolution shall take effect upon its adoption. Upon motion of C.M. Williams , seconded by C.M. Smith and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 9 day of March 1996. Mayo Allen Settle ATTEST: ty Clerk b ,y Kim Condon, Asst. City Clerk Resolution No. .j07 (1996 Series) Page Three APPROVED: IS i / �� , o �� a ��, �. ,� r ,, i1 ter.:. 1,�,: N RESOLUTION NO. 8506 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5 1996, A PROPOSED CHARTER AMENDMENT WHICH WOULD AMEND CHARTER SECTION 109 TO DELETE REFERENCE TO THE "CITY JAIL" WHEREAS, Charter Section sentenced to imprisonment for a imprisoned in the City jail; and 109 provides that any person violation of the Charter may be WHEREAS, the City no longer has a City jail, but rather uses the County jail; and WHEREAS, reference to the City jail in the Charter is no longer appropriate. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is hereby ordered to be submitted to the voters at the General- Municipal Election to be held on Tuesday, November 5, 1996, .for the purpose of voting upon a proposed Charter Amendment as hereinafter set forth. 2. The proposed Charter amendment would amend Charter Section 109 to delete reference to the "City Jail." 3. Said proposed Charter amendment.amends Charter Section 109 to read as follows: "SECTION 109. Violation of Charter. The violation of any provision of this Charter shall be deemed a misdemeanor, and may be prosecuted by the authorities of the.City in the name of the people of the State of California, or may be redressed by civil action, at the option of said authorities. The maximum penalty upon conviction for the violation of any provision of this Charter shall be a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding one (1) year or both such fine and imprisonment. Any person sentenced to imprisonment for the violation of a provision of this Charter may be imprisoned 1_1.e E }ty jailor in the County jail of the county in which the City of San Luis Obispo is situated. The City Administrative Officer shall be responsible for the enforcement of the provisions of the Charter." R -8506 Resolution No. 8506 Page Two (1996 Series) 4. The ballot format for the proposal to amend Section 109 shall be substantially as follows: CITY MEASURE YES Shall City Charter Section 109 be - - - - -- amended to delete reference to the: NO City jail ?. 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. 7. This Resolution shall take effect upon its adoption. Upon motion of C.M. Williams , seconded by C.M. Smith and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 5 day of March , 1996. Mayor Allen Settle TTES . C' y •C erk by Kim Condon, Asst. City Clerk 8 EFRO � M lam' RESOLUTION NO. 8505 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 19961 A PROPOSED CHARTER AMENDMENT WHICH WOULD AMEND CHARTER SECTION 406 CONCERNING COUNCIL VACANCIES WHEREAS, Charter section 406 provides that the Council must fill a Council vacancy within thirty (30) days -by appointment, and if an appointment is not made within that time period, to hold an election to fill the vacancy not sooner than ninety (90) days, nor longer than one hundred twenty (120) days from the occurrence of the vacancy; and WHEREAS, under certain circumstances one hundred twenty (120) days is not sufficient time to hold an election and still comply with the requirements of the Elections Code; and WHEREAS, it is advisable to amend the Charter to extend the period of time in which to hold an election. to fill a vacancy so that the requirements of the Election Code may be met. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is hereby ordered to be submitted to the voters at the General - Municipal Election to be held on Tuesday, November 5, 1996, for the purpose of voting upon a proposed Charter Amendment as hereinafter set forth. 2. The proposed Charter amendment would amend Charter Section 406 concerning Council vacancies by extending the period of time in which to hold an election so that the requirements of the Elections Code may be met. 3. Said proposed Charter amendment amends Charter Section 406 to read as follows: °SECTION 406. Vacancies. An elective office becomes vacant when the incumbent thereof dies, resigns, is removed from office under recall proceedings, is adjudged insane, convicted of a felony, or of an offense involving a violation of the Mayor or Councilmember I s official duties, or ceases to be a resident of the City, or has been absent from the State R -8505 Resolution No. 8505 (1996 Series) Page Two without leave granted by the City Council for more than sixty (60) consecutive days, or fails to attend the meetings of the Council for a like period without being excused therefrom by said body. A vacancy in the Council shall be filled for the remainder of the unexpired term, if any, at the next regular municipal election following not less than seventy -two (72) days upon the occurrence of the vacancy, but the Council by a majority vote of its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term or new term takes office. If the term still has two (2) years until expiration at the time of the next regular municipal election, the election to that seat shall be separated from the election for the other Council candidates. If the Council fails to fill the vacancy within (30) days following its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and twenty ff f days following the occurrence of the vacancy. The election shall be governed by the provisions of Article III. A person elected to fill a council vacancy for an unexpired term shall take office on the first Tuesday following his election. Notwithstanding any other provisions of this Charter, a minority of the members of the Council may fill vacancies on the Council by appointment in the event that a majority of the Council seats becomes vacant." 4. The ballot format for the proposal to amend Section 709 shall be substantially as follows: CITY MEASURE :A Shall City Charter Section 406 be YES amended to extend the period of time ----- - - - - -- in which to hold °an election to fill NO a Council vacancy? 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. Resolution No. 8505 (1996 Series) Page Three 7. This Resolution shall take effect upon its adoption. Upon motion of , C.M. Williams , seconded. by._C.M. Smith and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this c; _ day of 1996. Mayor Allen Settle ATTEST: by "Kim Condon, Asst. City Clerk 0 0 ,f'I �f 1 I RESOLUTION NO: 8504 (1996 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FOR A TREE REMOVAL REQUEST AT 1789 SAN LUIS DRIVE. BE IT RESOLVED.by the Council of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after ..consideration of the applicant's appeal, and the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon, make the following findings: 1. The tree is not causing undue hardship to the property owner; and 2. Removing the tree does not promote good arboricultural practice; and 3'. Removing the tree will harm the character or environment of the surrounding neighborhood. Upon motion of Council Member Roalman , seconded by Council Member Smith and on the following roll call vote: AYES: Council Member Roalman, Smith, Romero, Williams, Mayor Settle NOES: None ABSENT: None the following resolution was adopted this 5 day of March ,. 1996. 1 1 Mayor Allen Settle A C t Cle (F� by Kim Condony Asst. City Clerk APPROVED AS TO FORA: 1789sanluis.res /tmg V A95 ev R -8504 W � �V � / \Y A r� I �`LJ�y"r J a\ �� ~. RESOLUTION NO. 8503 (1996 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF 'SAN LUIS OBISPO DECLARING INTENTION TO REIMBURSE EXPENDITURES RELATING TO THE PURCHASE OF PROPERTY (PARCEL 1 OF SLO AL -94 -017) FROM THE PROCEEDS OF OBLIGATIONS OF THE CITY AND DIRECTING CERTAIN ACTIONS WHEREAS, the City expects to make future advances to finance a purchase of real property (the "Project "), and in order to provide funds to finance the Project the Council intends to issue debt for such Project and to use a portion of the proceeds of such debt to reimburse expenditures made for the Project prior to the issuance of the debt; and WHEREAS, United States Income Tax Regulations section 1.150 -2 provides generally that proceeds of tax - exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such debt unless certain procedures are followed, one of which is a requirement that (with certain exceptions), prior to the payment of any such expenditures, the issuer declare an intention to reimburse such expenditures; and WHEREAS, it is in the public interest and for the public benefit that the City declare its official intent to reimburse the expenditures referenced herein; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council hereby declares that it reasonably expects to issue obligations (the "Obligations)) for the purpose of paying costs of (i) the acquisition and improvement of property, known as Parcel 1 of SLO AL -94 -017, to be used for historical preservation of the Bowden Adobe in compliance with the General Plan Land Use Element ( §6.6.1, §6.6.2, §6.6.4A), the Conservation Element ( §7.9), and the master list of historic resources. SECTION 2. The Council hereby declares that it reasonably expects (i) to pay certain costs of the Project prior to the date of issuance of the Obligations and (ii) to use a portion of the proceeds of the Obligation for reimbursement of expenditures for the Project that are paid before the date of issuance of the Obligations. SECTION 3. The maximum principal amount of net proceeds available to finance acquisition from the Obligations is $150,000. R -8503 Q. +J Resolution No. 8563 (1996 Series) Page 2 On motion of C.M. Williams , and seconded by .C:M. - Smith and on the following roll call vote; AYES: Council Members Williams, Smith,.Roalman, Romero, Mayor Settle NOTES: None ABSENT: None _ the foregoing Resolution was passed and adopted this 5 day of -March,/, 1996. Mayor Allen Settle by Kim Condon, Asst. City Clerk APPROVED �� ' /nq /Vr/j��{nyn q o /l/- �` i '� C� RECORDING REQUESTED BY CITY OF SAN LUIS OBISPO WHEN RECORDED MAIL TO: City of San Luis Obispo Attn: 990 Palm Street San Luis Obispo, CA 93401 AGREEMENT APN: The CITY OF SAN LUIS OBISPO, a California Charter Municipal Corporation ( "Buyer "), hereby agrees to purchase, and ADOBE ASSOCIATES, a Joint Venture consisting of. Florence Joachim, Barbara Klein, Jon M. Jenkins, John V. Kuden ( "Seller "), hereby agree to sell, all of Seller's right, title and interest in that certain real property in the City of San Luis Obispo, County of San Luis Obispo, together with all easements, rights and appurtenances thereto, as described in Exhibit "A ", attached hereto and incorporated by reference. Said property shall hereinafter be referred to as the "Property.." 1. Purchase Price and Terms. The purchase price for the Property shall be One Hundred Fifty Thousand Dollars ($150,000.00). The purchase price shall be payable as follows: (a) By Buyer paying the amount of Ten Thou, sand ($10,000.00) Dollars in the form of a cashier's or certified check, payable to Escrow Holder (the "Deposit ") ,which shall be deposited by Buyer into Escrow upon the opening thereof. Said amount shall accrue to the benefit of the Seller. All deposits shall remain in possession of Escrow Holder in an interest bearing account with interest credited to the Seller. Total deposits shall be credited to the purchase price at closing. (b) By Buyer paying the balance of the purchase price in the form of a cashier's or certified check, payable to Escrow Holder, which shall be deposited by Buyer into Escrow not less than two (2) days prior to the Closing Date, as defined below. (c) Notwithstanding the above provisions, if Buyer elects to terminate its obligations under this Agreement pursuant to Paragraphs 3(a) or (b), the Ten Thousand Dollar ($10,000.00) deposit-shall be refunded to Buyer. 2. Gift of Bowden Adobe. Concurrent with the .above- referenced purchase, Adobe Associates shall deliver to Escrow Holder a duly executed Grant Deed to the Bowden -La Loma Adobe, as set forth in Exhibit "B ", .showing the City of San Luis Obispo as the Grantee (pursuant to California Government Code S 66426..5), as a gift from Adobe Associates to the City. Said property shall hereinafter be referred to as the '!Adobe." The gift shall be subject to the following conditions: (a) The. City shall, concurrent with the acceptance of the Grant Deed, deliver to Seller a letter, signed by an executive official of the City, whereby the City acknowledges the receipt of the gift of the Adobe. The form of the letter shall be substantially as set forth in Exhibit "C" attached hereto. (b) The City shall cause to be signed by an authorized City officer, an IRS Form 8283 (Noncash Charitable Contributions) appraisal summary prepared by a qualified appraiser at the sole expense of the Adobe Associates showing the value of the Adobe at the time of the gift to be Two Hundred Thousand Dollars. The City makes no warranty or representation whatsoever, either express or implied, as to the tax implications or consequences of the transactions contemplated by this Agreement, and. Seller has relied on their own independent advisors as to all tax matters associated herewith. (c) The City will maintain in the immediate proximity of the Adobe, a marker, to be provided to the City by Adobe Associates, which recites: "Bowden La Loma Adobe - A Gift to the People of the City of San Luis obispo from Florence Bowden Joachim, Charles A. & Barbara Bowden Klein, Jon M. &Martha N. Jenkins, Hagop & Victoria Kuden." 3. Conditions Precedent.. All of Buyer's duties to purchase the Property and /or accept the said gift of the Bowden Adobe are expressly conditioned upon the occurrence and satisfaction of each of the following conditions, each of which is deemed exclusively for the benefit of Buyer: (a) Title Report. Buyer's approval of the exceptions to title set forth in a.CLTA preliminary title report for the Property and the Adobe ( "Preliminary Title Report ") . Buyer shall have fifteen (15) days after the receipt. of the Preliminary Title Report, and copies of all document referenced therein, to provide to Seller written notice of Buyer's disapproval of any title exception. Any title exception not so disapproved shall be deemed approved, 2 provided that if a Supplemental.CLTA title report is issued showing any exception not shown` on the Preliminary Title Report, Buyer shall have an additional ten (16) calendar days after receipt of such Supplemental Report to approve or disapprove any such title exception. If Buyer disapproves any title exception, Seller shall have no obligation to cure such disapproval (except that Seller shall be obligated to remove any liens) but Seller may elect, by written notice.to Buyer within five (5) calendar days after receipt by Seller of such notice of disapproval, to attempt to remove such disapproved items. If Seller is unable within a reasonable time to Accomplish such cure or removal, or if Seller elects not to attempt to so cure or remove (which election shall be communicated to Buyer within ten (10) days after receipt of Buyer's notice of disapproval), then Buyer may elect to (i) terminate its obligations under this Agreement by providing written notice to Seller, or (ii) waive its objections to such exception, or (iii) elect to correct any such disapproved exception itself, in which case Seller shall use its best efforts to assist Buyer whenever Buyer may request in order to cure any such defect, provided that Seller shall incur no monetary obligations in connection with such cure, and provided escrow shall be extended for a reasonable period in which to effect such cure. (b) Inspection_ and Approval of Property. Buyer's inspection and approval of the Property and the Adobe and all improvements thereon, including at Buyer's option and expense, a survey, a soils investigation, a Phase I or Phase II environmental report or any other investigation that the Buyer deems necessary. This condition shall be deemed approved if Buyer does not send written notice of disapproval to Seller within thirty (30) days after the opening of Escrow. If Buyer discovers through its investigations any defects on the Property or the Adobe, or improvements thereon, which it disapproves of, Seller shall have no obligation to cure such defects but Seller may elect, by written notice to Buyer within five (5) calendar days after. receipt.by Seller of such notice of disapproval, to attempt to cure such disapproved defects. If Seller is unable within a reasonable time to accomplish such cure, or if Seller elects, not to attempt to cure said defects (which election shall be communicated to Buyer within ten (10) days after receipt of Buyer's notice of disapproval), then Buyer may elect to (_i) terminate its obligations under this Agreement by providing written notice to Seller, or (ii) waive its objections to such defects, or (iii) elect to correct any such disapproved defects itself, in which case Seller shall use its best efforts to assist Buyer, whenever Buyer may request in order to cure any such defect, provided that Seller shall incur no monetary obligations in connection with such cure, or (iv) the Parties may enter into additional negotiations, as may be mutually acceptable, k3 0. C concerning an adjustment to the purchase price, allocation of risk, or contribution to the costs to cure or other matters, and provided escrow shall be. extended for a reasonable period of time to effect such negotiations. 4. Escrow and Deposit. (a) Closing Date. This purchase and sale shall close upon the recordation of the Grant Deeds to Buyer of (1) the Property; and (2) the Adobe (the "Close of Escrow ") . The Close of Escrow shall occur on or before forty -five (45) days (the "Closing Date ") after a copy of this agreement (executed by both Buyer and Seller) is deposited with the Escrow Holder, unless extended by mutual agreement. of the parties, or as otherwise provided herein. (b) Escrow Holder. Within fifteen (15) business days after the execution of this Agreement, Seller shall open an Escrow for the consummation of the purchase and sale of the Property T ith Chicago Title Company, 1212 Marsh Street, San Luis Obispo, CA 93401 ( "Escrow Holder") . The Escrow shall be deemed to be "opened" as of the date on which a copy of this Agreement (executed Buyer and Seller) is deposited with Escrow Holder. (c) Deposit. Escrow Holder is hereby authorized and instructed to cash immediately upon receipt the Deposit referred to in Subparagraph 1(a) hereof. (d) Escrow Instructions. Although Escrow Holder may require further written instructions executed by Buyer and Seller to clarify the duties and responsibilities of Escrow Holder, any such further instructions shall not modify or amend the provisions of this Agreement unless any such instructions expressly provide that they are intended to amend or modify the provisions of this Agreement. (e) Title Insurance. Title to the Property and the Adobe shall be conveyed by Grant Deed. Title to the Property shall be insured by a CLTA owners policy in the amount of the purchase price, showing title vested in Buyer, subject only to those exceptions specified in the Preliminary Title Report and /or Supplemental Report and accepted by Buyer. Title to the Adobe shall be insured by a CLTA owners policy in the amount of $200,000.00, showing title vested in the City of San Luis Obispo, subject only to those exceptions specified in the Preliminary Title Report and /or Supplemental Report and accepted by the City of San Luis Obispo. Seller shall pay Chicago Title Company for the costs of title insurance. Buyer may elect to have title insured by an ALTA policy of title insurance, provided that Buyer shall.pay that portion of the premium which exceeds the costs of a CLTA standard coverage 4 O O policy of title insurance. (f) Fees and Taxes. Seller agrees to pay all documentary transfer taxes and recording fees, if any. Escrow fees shall be.borne equally. Real property taxes shall be prorated as of the Close of Escrow, based on the most recently available tax bill. 5. Representations, warranties, Agreements and.Disclaimers. (a) Authorized Representative. Buyer and Seller hereby represent and "warrant to each other that the persons who sign this agreement and any other documents required to be executed by such party to perform its obligations hereunder,, shall have all requisite power and authority to have entered into this Agreement, and that all authorizations required to be obtained by or on the part of such party to execute and perform this Agreement have been obtained. (b) Proof of Citizenship, Seller is not a foreign person as such term is used in Section 1445 of the Internal Revenue Code. Prior to the Close of Escrow, Seller shall deposit in Escrow a non - foreign affidavit as provided under said Section 1445, and the failure to do so shall entitle Buyer to withhold from the purchase price such sums as are required by said Section 1445. (c) Delivery of Property. Possession of the Property and the Adobe shall be delivered by Seller to Buyer upon the Close of Escrow. (d) Legal Actions. Seller represents and warrants that there are no actions, suits or legal proceedings related to the ownership, use, operation or sale of the Property or the Adobe to which Seller is a party_ nor has Seller received any notice that any such actions are pending or threatened. (e) Indemnification by Seller. Effective as of the closing date, Seller shall indemnify and hold harmless Buyer from and against any and all claims, damages or liabilities (whether or not caused by negligence), including civil or criminal fines, arising out of or relating to any of the following: () Any generation, processing, handling, transportation, storage treatment or disposal of solid wastes or hazardous wastes by Seller, including, but not limited to, any of such activities occurring on the Property or the Adobe. (ii) Any releases by Seller (including, but not limited to, any releases as defined under the Comprehensive 9 0 1 0 Environmental Response, Compensation and Liability Act of 1980) to the extent occurring or existing prior to closing, including, but not limited to such releases to land, groundwater, surface water or into the air. (f) Seller's Knowledge of the Environmental Conditions of the Property and the Adobe. As an inducement to Buyer to enter into this agreement.' Seller, to the best of Seller's knowledge and belief, represents and warrants that: (i) Throughout the period of ownership of the Property and the Adobe by Seller, there have been no notices, directives, violation reports or actions by any local, state or federal department or agency concerning environmental laws or regulations, and the Property and the Adobe are in compliance with all state and federal environmental laws to the best of Seller's knowledge and belief. (ii) The business and operations of Seller have at all times been conducted in compliance with all applicable federal, state, local or foreign laws, ordinances, regulations., orders and other requirements of governmental authorities on matters relating to the environment. (iii) There has been no spill, discharge, release, cleanup or contamination of or by any hazardous or toxic waste or substance used, generated, treated, stored, disposed of or handled by the Seller on or around the Property or the Adobe. (iv) There are no underground storage tanks located at, on or under the Property or the Adobe. (v) No hazardous or toxic substances or wastes are located at, or have been located on or removed from the Property or the Adobe. (vi) All studies, reports, and investigations, known to Seller, concerning any pollution, toxic building materials or toxic hazardous substances or wastes located at, on, or under the Property or the Adobe have been provided or otherwise been disclosed to Buyer prior to the close of Escrow. (vii) There are no soil or geological conditions which might impair or adversely affect the current use or future plans for use of the Property or the Adobe. 21 C; J 6. Notices. All notices, communications, consents, approvals and disapprovals required or permitted hereunder must be in writing and shall be delivered by personal delivery, facsimile, or deposited in the United States mail, postage prepaid and addressed as follows: TO BUYER: City of San Luis'Obispo Jeffrey G. Jorgensen 990 Palm St. San Luis Obispo, CA 93401 -3249 TO SELLER: John V. Kuden P.6. Box 3605 San Luis Obispo; CA 93403 The foregoing addresses may be changed by written notice. If served personally, or by facsimile, service shall be conclusively deemed made at the time of service. If served by mail, service shall be conclusively deemed made .seventy -two (72) hours after the deposit thereof in, the United States mail. 7. Brokers. Buyer and Seller each represent to the other that it knows of no. claim for broker's or finder's fees or other commissions in connection with this transaction other than as provided in this paragraph. In the event any other broker or finder asserts a claim for a commission or finder's fee, the party through whom the broker or finder makes this claim shall . indemnify the other party for any and all costs and expenses (including attorney's fees) incurred by the other party in defending the same. S. Miscellaneous. This Agreement contains the entire agreement between the parties hereto, and no modification or addition to any term or provision shall be effective unless made in writing and signed by both parties hereto. In the event any litigation is commenced between the parties hereto in connection with this Agreement, the prevailing party in such litigation shall be entitled to a reasonable sum for its attorneys fees and costs. The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, 'conditions or agreements contained herein. 7 O O 9. Entry. With respect to' Paragraphs 3 and 5, Buyer, its agents and authorized representative shall have the right to enter onto the Property and the Adobe during normal business hours, or at such other times as may be mutually agreed to by the Parties,. which consent to.enter shall not be unreasonably withheld. Buyer shall indemnify and defend Seller against and hold Seller harmless from, any and all.liability, cost and expense (including without limitation any and all recorded mechanics or liens) for loss of or damage to any property or injury to or death of any person, arising out of or in any way related to the entry by Buyer or Buyer's agents onto the Property or the Adobe, unless such liability, cost and expense is caused by the sole, active negligence of Seller. In the event of the recording of any claim of lien for materials supplied or labor or professional services performed on behalf of Buyer, Buyer shall promptly satisfy and discharge such lien at its sole cost and expense upon demand therefore by Seller. Buyer shall repair any and all damages to the Property or the Adobe caused by any such tests and inspections. 10. Lot Line Adiustment. The sale of the Property is contingent upon the approval of a pending lot line adjustment (SLO AL -94 -017) by the City of San Luis Obispo. In the event a lot line adjustment cannot be approved by the City for any reason beyond the control of the City, this Agreement shall terminate as if it had never been entered into, with no further obligation or liability of either party-to the other. Seller shall diligently pursue and Buyer shall diligently process completion of the lot line adjustment. Seller shall comply with all terms and conditions, including mitigation measures, contained in the lot line adjustment. 11. Required Action of -Buyer and Seller. Buyer and Seller agree to execute all such instruments and documents and to take all actions pursuant to the provisions hereof in order to consummate the purchase and sale herein contemplated and shall use their best efforts to accomplish the timely Transfer of Title in accordance with the provisions hereof.. 12. Recorded. It is the intention of the, parties that this Agreement shall be recorded. 8 13. Survival. The warranties, representations and agreements made in this Agreement shall survive the close of escrow, and shall be binding on the heirs, executors, administrators, successors and assigns of the parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 5 day of March , 1996. SELLER ADOBE ASSOCIATES, a Joint Venture Florence Bowden Joi6him By. , Barbara Klein By: By: BUYER CITY OF SAN LUIS OBISPO Byr��� v Mayor Allen . Settle ATTEST: Clerk n, Asst. City Clerk o o EXHIBIT "A" A portion of Section 25 of Township 30 South, Range 12 East, Mount Diablo Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California more particularly described as follows: Beginning at a 3/4 inch iron pipe with tag RCE 21807 set in' the Northeasterly right -of -way of the 54 foot wide street now known as Wilding Lane at or near the intersection of said right -of -way with the Northwesterly line of Lot 5 of the Piedmont Tract as recorded in Book A at Page 146 of Maps in the office of the County Recorder of San Luis Obispo in the City of San Luis Obispo State of California; thence along said Northeasterly right -of -way North 33'36'47" West, 35.57 feet to a 3/4" iron pipe with tag RCE 6923; thence continuing along said right -of -way North 33'36'47" West, 35.90 feet to the intersection with the Northwesterly right -of -way of the 54 foot wide street now known as Lizzie Street; thence along said Northwesterly right -of -way South 75'41'51" West, 66.23 feet to the Southeasterly line of the parcel described in the deed recorded in Book 2019 at Page 842 in said County Recorder's office; thence along said Southeasterly line North 64'25'26" East, 257.12 feet to the Southwesterly line of the parcel described in the deed recorded in Book 1277 at Page 488 in said County Recorder's office; thence along said Southwesterly line North 38'04'34" West, 196.82 feet to the Northwesterly line of said parcel; thence along said Northwesterly line North 62'35'35" East, 43.67 feet to the True Point of Beginning; thence leaving said Northwesterly line South_ 38'04'34" East, 228.37 feet; thence North 56'15'57" East, 83.08 feet; thence North 38'04'34" West, 219.05 feet to the Northwesterly line of said parcel; thence along said Northwesterly line South 62'35'35" West, 84.30 feet to the True Point of Beginning containing 18,532 square feet more or less. (02- 14- 96:A6) \doc \bowden.lgl Page 1 of 2 W u M G �H W dOO } < N N (nw Z O Qz cr: �m a- mo LL �P ° --j o o c6 a(nL)C6 �m0� 00� m =LdNO °o °a U0rn o Lo 30 ~ Z�OOmZOUMmN O p0 W 00!v) N O W N H Um?Q ED W W o I O W�Jt-- ¢WZcnd N ~ to < z LLJ — -1 m LO co Li o (� m wLoC OLo o) oCLZ< a CV u- C N n- coCd' r , �Op Q^ ON M.} o w.1 N cQ r ^ o F} 0t z_cn Z ° w? J � ¢ m ........ cn : ::::::::::::::::::::::::::::: :: �i o z o z (n :: t0 A m N 3 O to Lo Ln 0 :::.._.•.•. ' '538 04 34*E n. = z o a co M n O :2 M rU-)i co 196.82 )= W o r (Y a ao z- ty380434 W z o ci a s V) °oo F3 00 O W O r V7 CD co j C3� �i O N cn Da J F ►zy ip co N � O Z W z in A H z ( 0z a zz N Lo M Z N WILDING _�_- _ LAN � N O co cQ 3 a o .s -to Lo Iw M M a`t W m rn to _ z In O W U1 M I U w u "' �z 3 m J� uj n tO / to Q1 a N N r , : ) to 6.' MM d w N z _ to la a M CP PORTION OF SECTION 26 & 25 o j T30S, R12E No MDM IFXNIBIT B RECORDING REQUESTED,✓ AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHERWISE SHOWN BELOW. MAIL TAX STATEMENT TO:. N8fAe THE CITY OF SAN LUIS OBISPO Street Address City d State zv Title Order No. T 355 Legal (2 -94) Fscrow No. THE UNDERSIGNED GRANTOR(s) DECLARE(s) SPACE ABOVE THIS LINE FOR RECORDER'S USE Gran't Deed DOCUMENTARY TRANSFER TAX IS S ❑ unincorporated area ® City of SAN LU I S OB I SPO Parcel No. PTN 00235201,4_ ❑ computed on full value of interest or property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ADOBE ASSOCIATES, A JOINT VENTURE COMPOSED OF FLORENCE JOACHIM, BARBARA KLEIN, JOHN V. KUDEN AND JON M. JENKINS hereby GRANT(S) to THE CITY OF SAN LUIS OB I SPO, A. MUN I C I PAL CORPORATION, P(1RSQ TO SECTION 66426.5 OF THE GoVEUe= CODE OF THE STATE OF CALIFORNIA the following described real property in the CITY OF SAN LUIS OB I SPO county of SAN LUIS OB I SPO state of California: AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TOGETHER WITH ALL THOSE CERTAIN EASEMENT RIGHTS AS SET FORTH IN DEED EXECUTED BY STEPHEN R. NELSON AND GINA G. NELSON, RECORDED MAY 1, 1987 IN BOOK 2985, PAGE 913 OF OFFICIAL RECORDS, THAT PASS WITH A CONVEYANCE OF THE ABOVE DESCRIBED LAND. RESERVING UNTO THE GRANTORS HEREIN THOSE ,CERTAIN EASEMENT RIGHTS AS SET FORTH IN INSTRUMENT RECORDED AS DOCUMENT NUMBER OF OFFICIAL RECORDS OF SAID COUNTY. Dated STATE OF CALIFORNIA COUNTY OF __San Luis ObiSPO } S.S. On Noverrl r 6, 1995 before me, CHARLENE R. CLAYTON a Notary ublic in and for said County and State personal) appeared BARBARA KLEINr JOHN V..KUIDrN ANT .JON M. JENK_INS personally known to me (or proved to me on the basis oLsatisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his(her/their authorized capacity(es), and that by hislheriltheir signature(s) on the instrument the person(s), or the.entity upon behalf of which the p on(s) acted, executed /(h /� I trumept. WITNESS rryy 17'a�d and official se/3) / / / 1/ /I / ESEMM�Wtfi�iu %err %AAIWa (This area for official notarial seal) xlene R. Clayton / 1 STATEMENTS TO PARTY SHntYC n\ Fnt.i.n{{7NG T.TN-F- T£ NO PART' SHnwN MATT A¢ nr%?V T1M eRnvr B -1 Charlene R. Clayton 1! Comm. #98H 709 s `• ° ' Notary Public - Cal,'luni2 ry Jtt �; -per/ SAN LUIS OB!SPO COUNTY I! ) AyCor^,'Sgr%Er,IiZSAIa=�2d,1 ;Z ,) (This area for official notarial seal) xlene R. Clayton / 1 STATEMENTS TO PARTY SHntYC n\ Fnt.i.n{{7NG T.TN-F- T£ NO PART' SHnwN MATT A¢ nr%?V T1M eRnvr B -1 STATE OF CALIFORNIA, S.S. COUNTY OF On , before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the. instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL OR STAMP STATE OF 4WV0)ifi R �hw✓ �n !< COUNTY OF S.S. �` ^' 1"ti On before me. ft R.�,� -L CA V\-- a Notary Public in and for said County and State, personally appeared FLORENCE JOACHIM personally known to me.. (or. proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand a official seal. Signature FOR NOTARY SEAL OR STAMP ,OL skate to � ; .... TE 160 Legal (2.94) This form is furnished by Chicago Title Company B -2 n . EXHIBIT "A" A portion of Section 2.5 of Township 30 South, Range 12 East, Mount Diablo Meridian, in the. City of San Luis Obispo, County of San Luis Obispo, State of California more particularly described as follows: Beginning at a 3/4 inch iron pipe with tag RCE 21807 set in the Northeasterly right -of -way of the 54 foot wide street now known as Wilding Lane at or near the intersection of said right -of -way with the Northwesterly line of Lot 5 of the Piedmont Tract as recorded in .Book A at Page 146 of Maps in the office of the County Recorder of San Luis Obispo in the City of San Luis Obispo state of California; thence along said Northeasterly right-of - way.North 33'36'47" West, 35.57 feet to a 3/4" iron pipe with tag RCE 6923 and the True Point of Beginning; thence continuing along said right -of -way North 33'36'47" West, 35.90 feet to the intersection with the Northwesterly right-of-way of the 54 foot wide street now known as Lizzie Street; thence along said Northwesterly right -of -way South 75'41'51" West, 66.23 feet to the Southeasterly line of the parcel described in the deed recorded in Book 2019 at Page 842 in said County Recorder's office; thence along said Southeasterly line North 64'25'26" East, 257.12 feet to the Southwesterly line of the parcel described in the deed recorded in Book 1277 at Page 488 in said County Recorder's office; thence along said Southwesterly line North 38'04'34" West, .196.82 feet to the Northwesterly line of said parcel; thence along said Northwesterly line North 62'35'35" East, 43.67 feet; thence leaving said Northwesterly line South 38'04'34" East, 228.37 feet; thence North 56'15'57" East, 174.96 feet to the Northeasterly line of said parcel; thence along said Northeasterly line South 38'19'25" East, 130.78 feet to the Southeasterly line of said parcel; thence along said Southeasterly line. South 70'47'31" West, 230.31 feet to the Southwesterly line of said parcel; thence along said Southwesterly line North 38'04'34" West, 45.07 feet to the most Easterly corner o� the parcel described in the deed recorded in Book 1599 at Page 900 of Official Records in said County Recorder's office; thence along the Southeasterly line of said parcel South 64'25'26" West, 199.03 feet to said Northeasterly right -of. -way of Wilding Lane; thence along said right -of -way North 33'36'47" West, 14.24 feet to the True Point -of Beginning containing 44,757 square feet more or less. (10- 31- 95:A2) \doc \.bowden.lgl M'' 12_a w D! J G W H� w ao° ? ANN UZZ7W Z 0 pZ�:2 -i F= OmU� 0°0 co =3vwi° oo °� U1rn p 130.76 3879 25 E N F- Lf) � � � Z v~i w� E—i E a } z o o° m Z 7) r-) m 3� F--I F�N� w�U _N O m !'-'--I U _ °Q Ww -O N �--' J� a w Z N '7 "'� r-i QZ .wZ¢m�n �` rn E: o oW�oLrC7J0nrn o_ C) :' N m z �i, � Z V N o rn W< 07 p �? 0 w° p J p �C7� �N W ° Z r-Q O p `•3 a�UO F Ld C7 C io E?3 € ^ Z ° N (n LLI O O M ui O O z ;: ; i; o a'a U V) p4'34 E -' �r S3a = o�� O w - = to ` E':iisEEEE2iE'i E'•'i E'• ?'i' ': `' '`' ' ::::::::•.:- 0 :: Z a z 0 rn ' °� n ris::EE:E;S;E;::::: ; 196.82 p4 34 W o W d a o 0-0z K3a x in F _ m� Cz al d C6 :;:��:�'::::� Of c'j c3 cn co CN z C4 cm Z W0 A O ::::::': N y U :;:; �+ • ... Q cli •t co d G ..r7 w c :` ::::M •- :: Cn �. N CO ;: N m tiYILDING N Z :_ c co N LANE 0 co a cQ 3 a U U to tq .. ro < 3 1� w z � Um !n 7 N 3 O to G2 U' J° H 4- x zo m n_ c7) GZ o Ei z m Una O o a' Z a�� cli w w: a :D w\ Lii PORTION OF SECTION 26 & 25 i T30S,R12E m MOM 12_a �J O EXHIBIT C (Date) Adobe.Associates, a Joint Venture c/o John Kuden P.O. Box 3605 San Luis Obispo, CA 93403 -3605 Dear Adobe Associates: By this letter the.City of San Luis Obispo gift, from the Adobe Associates to the City, of parcel of real property situated in the City of near Lizzie Street, known as the Bowden La Loma of the Adobe was not in exchange for any "goods "services" provided to the Adobe Associates by acknowledges the that certain San Luis Obispo, Adobe. The gift and /or the City. The City understands that the Adobe Associates is a Joint Venture having as its members: Florence Joachim, Barbara Bowden Klein, John Kuden and Jon b1. Jenkins. The gift consists of.the real property and a two story structure known as the Bowden La Loma Adobe. The gift was accepted by the City on the _day of . , 1996. City of San Luis Obispo By (Title) RESOLUTION NO. 8502 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A ONE -YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR TENTATIVE TRACT MAP NO. 1714, LOCATED ON THE WEST SIDE OF SACRAMENTO DRIVE, NORTH OF INDUSTRIAL, WAY (3641 SACRAMENTO DRIVE) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the subdivide-es request, staff recommendations and reports thereon, found that the one -year time extension is justified. SECTION 2. Action. That a one -year time extension for filing the final map for Tentative Tract Map No. 1714 is granted to October 24, 1996, subject to the original findings and conditions of tentative map approval, as specified in previous County of San Luis Obispo documents (minutes of Subdivision Review Board meeting dated 9- 13 -89, and as further approved by the Board of Supervisors in their minute order of 16- 24 -89). On motion Of Connri 1_ MPmbpr wi.l 1 i arsgCOnded by Connri 1 MPTnbpr Slgwd on the following roll call vote: AYES: Council Members William, Smith, Roalman, Romero, Mayor Settle NOES`. None ABSENT: None the foregoing resolution was passed and adopted this 5--- day of Marsh_ 11996. R -8502 City Council Resolution No. 8502 (1996 Series) Page 2. Mayor Allen K. Settle AT OT. by Kim Condon, Asst. City Clerk APPROVED: wiffim FORM f A I / 1A=\omCCxL2pp I a� � � x� C' ��' Q �-j� RESOLUTION N0.8501(1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING GENERAL PLAN HOUSING ELEMENT PROVISIONS REGARDING THE MINIMUM TERM OF AFFORDABILITY FOR AFFORDABLE HOUSING. WHEREAS, the Planning Commission and the City Council have held public hearings on the subject amendment in accordance with the California Government Code; and WHEREAS, these amendments come to the Council upon the recommendation of the Planning Commission; and WHEREAS, the Director of Community Development has determined that proposed amendments are not a "project" as defined in Section 15378 of the California Environmental Quality Act (CEQA) since it involves general policy and procedure making and is, therefore, exempt from the provisions of CEQA; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council has determined that adoption of this amendment is not a "project" as defined by CEQA and is, therefore, exempt from the provisions of CEQA. SECTION 2. Findings. The proposed amendments implement, and are consistent with, the Affordable Housing Incentives (SLOMC Ch. 17.90) and State law. 2. The proposed amendment will implement General Plan policies by encouraging the development of housing affordable to very-low and low - income persons. SECTION 3. Term of Affordability Amended. The City Council hereby amends the General Plan Housing Element Policy as follows (strikeout text to be deleted; redline text to be added): A. Policy 1.22.1 shall be amended to read: "For a project to qualify as "affordable housing" under the provisions of this Element, - guarantees must be presented that the housing units will remain affordable foss long e R -8501 Council Resolution No. 8501 (1996 Series) Page 2 B. Program 1. 22. 10 shall be amended to read: "The City will amend its regulations to require that new development projects include affordable housing units, with guarantees that they remain prrpentemly affordable,::.a in -lieu fee re .,q u Affordable iHousin 10 . . I.- - I or pay an to assist in the development of affordable housing Citywide, as described in Table 1, below." On motion of Smith , seconded by Roalman , and on the following roll call vote: AYES: Council Members Smith, Roalman, Romero, Williams, Mayor Settle NOES: None ABSENT: None the foregoing resolution was passed and adopted this 20 day of February , 1996. Mayor Allen Settle ATTEST: /'- City Clerk By Asst. --Vity.Clerk Kim Condon APPROVED AS TO FORM: Jh/L:cch,g8.= �� � �✓./' �� l �v RESOLUTION NO. 8500 (1996 Series) A RESOLUTION BY CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, ON OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23 UNITED STATES CODE, AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION. WHEREAS, the Federal Transportation Administrator has been delegated authority to award Federal financial assistance for a transportation project; WHEREAS, the grant for Federal financial assistance will impose certain obligations upon the City of San Luis Obispo, and may require the City of San Luis Obispo to provide the local share of the project cost; WHEREAS, the Applicant has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo, 1. That City of San Luis Obispo is the Designated Recipient as defined by 49 U.S.C. 5307(a)(2) and that the Director of Public Works is authorized to execute and file an application for Federal assistance on behalf of the City of San Luis Obispo with the Federal Transit Administration for Federal assistance authorized by 49 U.S.C. chapter 53, Title 23; United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. 2. That the Director of Public Works is authorized to execute and file with its applications the annual certifications and assurances and other documents the Federal Transportation Administration requires before awarding a Federal assistance grant. 3. That the Director of Public Works is authorized to execute grant agreements with the Federal Transit Administration on behalf of the City of San Luis Obispo. R -8500 Resolution 8500 (1996 Se; s) Page 2 ` Upon motion of Council Member Romero ,seconded by Vice Mayor Wi11;Avg , and on the following roll call vote: AYES: Council Members Romero, Williams, Smith Roalman, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 20 day of APPROVED: ty to y 1\ A sst. City Clerk 1996.