Loading...
HomeMy WebLinkAbout8760-8774r�Y RESOLUTION NO. 8774 I (1998 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING THE POLICIES AND PROCEDURES FOR ISSUANCE OF BANNER PERMITS WHEREAS, the City Council adopted a Banner Policy in May of 1994; and WHEREAS, that policy has now been divided into two sections, one relating to banners and the second relating to flags; NOW, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The Banner Policy attached hereto, marked "Exhibit A ", revises formal policies and procedures for processing permits to install banners and flags in the downtown_ area and is hereby approved. On 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 the foregoing Resolution was passed and adopted this 17th day of March , 1998. This resolution supersedes Resolution No. 8411 (1995 Series). ATTEST: �// i _ _ , I I ;A Mayor Allen Settle APPROVED AS TO FORM: „ q, • , cis Ci � Attorney R -8774 CITY OF SAN LUIS OBISPO Banner and Flag Policy & Procedures A. BANNERS DEFINITIONS Revised 3/17/98 Banner: A sign which is installed across a public street, above traffic and is temporary in nature. Event: Any meeting, display, exhibit, parade or show that is open to the general public and takes place: 1. On public property within the City limits and for which the City has issued a permit specifically authorizing the use of said property. 2. On the Cal Poly campus for which Cal Poly has authorized the. use of said property. Banners require a Parks and Recreation Department 'Banner Application and Permit" and are exempt from the Municipal Code Sign Regulations. The Special Events Section of Parks and Recreation Department is responsible for the issuance of banner permits. PURPOSE AND APPLICATION Banners are displayed to inform the general public of upcoming events. AFFECTED CITY DEPARTMENTS Parks and Recreation Department Public Works Department (Parks & Street Divisions) Finance Department POLICY 1. A banner may be displayed only to announce an event. SLO Downtown Association holiday decorations may be displayed in lieu of banners during the months of November and December. 2. (a) The name of the event shall be printed in the largest and boldest type. (b) The location and date shall be printed in a type size smaller than that of the event. r......... (c) The name and/or logo of the non - profit organization sponsoring the event may be displayed in a type size smaller than that of the date and location. (d) Other messages or statements are strictly prohibited. Examples: An Old- Fashioned Fourth of July July 4h Mission Plaza City of San Luis Obispo Rib Cook -Off Thursday Night Farmers' Market Business Improvement Association SCOUT- A -RAMA Mission Plaza August 12' Boy Scouts of America 3. Banner wording shall be approved by the City prior to issuance of a banner permit to insure consistency with this policy. The approved wording shall be in the form as shown above and plainly stated on the banner permit. Existing banners which meet the intent but not exact form as shown above shall be allowed until replaced or changed. Deviation from the approved wording is cause for the city to either refuse to install or to remove any banner. 4. Banners shall be installed for a period of one (1) calendar week. A single banner or multiple banners advertising the same event shall not be hung in consecutive time slots. Major events or festivals of at least two weeks' duration maybe allowed a banner at a single location for a two -week period (n_greater than 16 calendar days) if it is demonstrated to the satisfaction of the Parks and Recreation Department that the major event or festival has at least ten (10) prescheduled activities or concerts (broadly publicized and open to the general public fora fee or free) extending over a two -week period. 5. Banners and flags shall be installed and removed by the City's Parks and Streets Division. 6. Banners shall be installed and removed on Mondays. NO EXCEPTIONS! � 1 i 7. A minimum banner permit fee will be charged. If the City installs and removes the banner, an additional fee shall be charged, which is representative of the City's estimated costs associated with the installation /removal of banners. (Note: All fee updates are processed through the Director of Finance and approved by resolution of the City Council.) 8, The San Luis Obispo Downtown Association is partially sponsored by the City of San Luis Obispo. Therefore, all fees charged to the. SLO Downtown Association will be fifty (50) percent of the normal fee. All banners installed for an event or non- profit organization which is financially co- sponsored by the City or SLO Downtown Association will be charged fifty (50) percent of the normal fee. Events which are solely City- sponsored events will not be charged a fee. 9. A new banner schedule shall be established each year by January 10. Banner permit applications from the City and SLO Downtown Association shall be received no later than December 1 of the prior year. All applications from the public shall not be accepted prior to the first Wednesday of January (excluding holidays) and permits will be issued on a "first come, first served" basis. Banner space shall not be reserved, except through the issuance of a banner permit. 10. Banner specifications. Maximum banner size: 4 feet wide x 24 feet long, constructed of a fabric which will be able to withstand typical weather conditions. Support lines shall be 40 feet long with the banner centered. Support lines shall be '/< inch nylon rope top and bottom, double- stitched across the full length of the banner. Each corner shall be quadruple- stitched for 1 foot from each corner and across the support lines. Banners over 12 feet in length and 2 feet in width shall have wind relief cuts, 1 foot on center (4 inches x 4 inches, horseshoe cuts). PROCEDURE By December 15 of each calendar year, a schedule for the upcoming year of City and SLO Downtown Association banners shall be established. All City departments and the SLO Downtown Association wishing to reserve a banner location and time shall do so, in writing, prior to December 1 with the Parks and Recreation Department. Once all initial City and SLO Downtown Association banners are reserved, all other banner requests (including subsequent City and SLO Downtown Association banner requests) shall be reserved on a first -come, first -served basis. NO EXEPTIONSI K? Upon receipt of a written request to hang a banner, the Parks and Recreation Department shall verify that the proposed banner complies with City policy and specifications. If staff is uncertain whether a banner complies with City policy, the matter shall be referred to the Parks and Recreation Director for review /approval. A "Banner Application and Permit" shall be completed and issued and all appropriate fees collected before any banner is installed. Banner permit forms are located at.the Parks and Recreation Department, 1341 Nipomo Street. After a banner permit is completed, the original permit is routed to the City.Arborist (Parks Division), a copy is given to the permittee and one copy is filed in the .Banner Permit File. At the end of each calendar year, the banner schedule (calendar) and issued permits are removed from the Banner Permit File and placed in an archive file in the Parks and Recreation Department until disposal. B. SLO DOWNTOWN ASSOCIATION FLAG CONTRACT Flags in the Downtown core fall under the sole jurisdiction of the SLO Downtown Association and are subject to the guidelines described below. DEFINITIONS Flag: A decorative sign hung vertically from horizontal supports attached to a City street light in the downtown core. PURPOSE Flags are displayed to inform the public of upcoming events and /or decorate the downtown in conjunction with the organization's downtown event. UGIRIO9 1. Participants must be a nonprofit (501 c3) organization or other eligible not - for- profit organization. 2. The event or activity promoted on the flag must occur in the SLO Downtown Association district or promote the SLO Downtown Association goals and programs of promotions and beautification. 3. The name of the event or activity shall be displayed on the flag and may also include date and agency. No other messages, statements, names or paid sponsors' logos are allowed. 4 Example: Mardi Gras Februarv_21 Mystic Krewe of Karnival j 4. All participants must purchase products and services through the SLO Downtown Association program. 5. All sponsoring organizations must sign a contract fora specific period of time during the year, not to exceed six weeks, and this period of time shall be reserved for up to three consecutive years, as determined by the SLO Downtown Association, at which time the application may be renewed. 6. When a contract is not renewed by an organization, all local non - profit agencies will be provided an opportunity to apply for the vacancy, pursuant to the terms of the policy. 7. All participants' artwork and messages will be subject to approval by the SLO Downtown Association to insure consistency with the policy. 8. A maintenance /administration fee will be assessed per flag per day while on display. 9. Any art changes to flags will be billed to permittee. PROCEDURE Organizations shall apply to the SLO Downtown Association at any time during the year. Applications will be reviewed by the SLO Downtown Association Beautification Committee and are subject to acceptance on a first -come, first -served basis. Applications are available at the SLO Downtown Association office located at 1108 Garden Street, Suite 209. If accepted, a permit will be issued with one copy given to the permittee and one filed at the SLO Downtown Association office. 5 ��'� gl� RESOLUTION NO. 8773 (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING BYLAWS FOR THE SLO DOWNTOWN ASSOCIATION BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Those certain bylaws attached hereto marked Exhibit "A" and incorporated herein by reference by the SLO DOWNTOWN ASSOCIATION are hereby approved. SECTION 2. The City Clerk shall furnish a copy of the Resolution and a copy of the bylaws approved by it to: SLO Downtown Association. On 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 the foregoing Resolution was passed and adopted this 17'h day of March, 1998. ayor Allen K. Settle ATTEST: APPROVED: / . .0 r 2 Z'773 BYLAWS OF THE SAN LUIS OBISPO DOWNTOWN ASSOCIATION ARTICLE I. STATUTORY AUTHORITY; NAME Section 1.1 This organization is established pursuant to Chapter 12.36 of the San Luis Obispo Municipal Code and shall be known as The San Luis Obispo Downtown Association, or the SLO Downtown Association. ARTICLE II. PURPOSE Section 2.1 The SLO Downtown Association is created to implement the specific purposes for which Chapter 12.36 of the San Luis Obispo Municipal Code was enacted. A copy of is attached hereto as Exhibit "A" for reference and incorporated as though fully set forth. ARTICLE Ils. MEMBERS Section 3.1 Classification of Members. The Association shall have one class of members only and each member shall have equal voting and other rights; provided, however, that voluntary members may not serve on the Advisory Board of Directors. Section 3.2 Elizibili1y. Membership shall be comprised of all holders of active city business tax certificates within the defined SLO Downtown Association boundaries. Businesses, individuals or institutions outside the district with an interest in furthering the goals and mission of the BIA may join the organization as avoluntary member at an annual fee established by the board of directors. Any business, person or institution within the SLO Downtown Association boundaries but exempt from the payments of the business license tax shall also be permitted to voluntarily associate as a member at an annual fee. Such voluntary members as described herein may serve on any standing or ad hoc committees only, as appointed by the SLO Downtown Association president. Voluntary membership shall not exceed 15% of the total membership at any time. Section 3.3 Boundaries. The boundaries of the SLO Downtown Association shall be as set forth in Section 12.36.020 of the San Luis Obispo Municipal Code. ARTICLE IV. DIRECTORS Section 4.1 Government Number. The government of the SLO Downtown Association shall be vested in, and the business conducted by, a board of eleven (11) Directors who shall be members in good standing and serve without salary. Collectively the Directors shall be known as the Advisory Board of Directors or simply, the Board of Directors. Section 4.2 Function. The Board of Directors, in carrying out the purposes of the SLO Downtown Association shall advise and recommend policy to the San.Luis Obispo City Council pursuant to Section 12.36.080 of the San Luis Obispo Municipal Code. Section 4.3 Terms of Office. Each Director shall hold office for a term of two (2) years and excepting those members who are serving on the Board of Directors on the date of the adoption of these amended Bylaws, shall be permitted to seek re- election for a second two (2) year term. In no event; however, shall a Director hold office for more than (2) consecutive terms without a lapse of one (1) year as a member of the Board. Section 4.4 Removal of Directors. Any Director may be removed and replaced by the City Council at any time after considering the recommendations of the Board of Directors. Section 4.5 Vacancies. Vacancies on the Board of Directors shall exist on the death, resignation or removal of any Director. Any such vacancy shall be filled by an appointment for the unexpired term by the President with the approval of the City Council. Section 4.6 Absences. With the unexcused absence of a member of the Board from three (3) regular meetings in any twelve (12) month period, and recorded by the Board, the President may nominate a replacement with concurrence of the Board and appointment by the City Council. Section 4.7 Nominations. In November of each year, the President shall select a Nominations Committee comprised of at least three (3) regular members of the SLO Downtown Association in good standing; who may or may not be Board members, securing the concurrence of the Board in their appointment. Section 4.8 Official Ballot. Promptly upon being appointed, the Nominations Committee shall proceed to the selection of candidates for membership on the Board of Directors for the ensuing -two years and shall prepare a list of such candidates in a number equal to at least the number of vacancies to be filled, securing the consent of those members selected in each instance and reporting the completed list to the Board at its regular January meeting. The Board shall then cause a ballot to be prepared showing the full list of candidates and the names of their businesses as indicated by their City Business Tax Certificates. Said ballot shall contain additional space for possible write -in candidates and voting instructions on the ballot indicating the number of vacancies to be filled. Section 4.9 Annual Election. By the first of February the official ballot shall be mailed to each member of the BIA to be returned on or before 5:00 pm. of a date certain as established by the Nominations Committee. Section 4.10 Election Results. Returned ballots shall be canvassed by the Nominations Committee and reported at the regular meeting of the Board of Directors in March for verification of results. Section 4.11 Council Appointment. The results of the BIA election, as confirmed by the Board of Directors, shall be presented to the City Council in March for official appointment and the new Board members shall take their positions in April next following. ARTICLE V. MEETINGS Section 5.1 Regular. The Board of Directors shall meet at least once each month at a place and time determined by the Board and public notice shall be posted of such meeting in accordance with standard City procedures and applicable State laws. Section 5.2 Special. Special. meetings may be called by the President or three (3) Board members when deemed necessary in accordance with standard City procedures and applicable State laws. Section 5.3 Quorum. A majority [one -half (1/2) plus one (1)] of the authorized number of Board members shall constitute a quorum at any Board meeting. Section 5.4 Transactions of the Board. Any act or decision done or made by a majority of the Directors present at a meeting duly held shall be the act of the Board. ARTICLE VI. OFFICERS Section 6.1 Number and Titles. The Officers of the Association shall be President, Past President, and Committee Chairs. If the Past President's term is completed, then such position may be left vacant or filled by an appointment by the President with the approval of the Board. Each of said Officers shall be a member of the Board of Directors. Section 6.2 Election. In November, the Board of Directors shall determine the President -Elect for the following year. Also in November, Board members with expiring terms not seeking reelection will inform the Board of Directors of this decision. Section 6.3 Terms. Officers duly elected shall take office at the first regular meeting of the Board of Directors in April and shall serve until completion of their two -year term. Section 6.4 Duties of the President. The President shall be the chairperson of the Board of Directors and shall be executive head of the SLO Downtown Association,.shall preside at the Board meetings, and shall either represent or appoint a representative to all functions where the SLO Downtown Association is to be represented. The President shall, subject to the approval of the Board, appoint all committee chairpersons and he /she shall be an ex- officio member of all committees. Section 6.5 Duties of the Past President. In the absence or disability of the President, Past President or other designated Board Member if Past President is not available, shall carry out all of the responsibilities and functions of the President and shall have the same powers and be subject to the same restrictions as the President. The Past President/Designated Board Member shall have such other powers and perform such other duties as from time to time may be prescribed by the President or the Board of Directors. ARTICLE VIII. EXECUTIVE COMMITTEE Section 7.1 Members. The Executive Committee shall be comprised of the President, and the immediate Past President so long as the latter continues to serve on the Board of Directors. If the immediate Past President's term on the board has ended, then such vacancy on the Executive Committee may be left vacant or filled by appointment of the President with the approval of the Board. Section 7.2 Duties. In the interim between meetings of the Board, the Executive Committee shall conduct non - policy business affairs of the SLO Downtown Association. ARTICLE VII. ADMINISTRATION Section 8.1 Administrator. The Board of Directors may choose to employ an Administrator to assist with the routine business affairs of the SLO Downtown Association. The Administrator shall serve at the pleasure of the Board of Directors, subject to a contract agreement between the Administrator, the S.LO Downtown Association and the City Council. The Administrator shall be selected through an application and screening process approved by the Board. Section 8.2 Duties of Administrator. The Administrator shall cause to be kept the records of the Association, including minutes of all meetings of the Board and shall give notices of meetings. The Administrator shall prepare for the President all agendas, reports, resolutions, letters or other documents and perform such others duties as are assigned by the President or Board of Directors. The Administrator, at the direction of the Board, shall act as liaison between the SLO Downtown Association and City staff and attend all appropriate meetings when such meetings' agendas address items of concern to the SLO Downtown Association. The Administrator shall also prepare and distribute a regular newsletter to all SLO Downtown Association members and other interested persons to provide information about Association activities, to provide a forum for and to educate SLO Downtown Association members on matters of concern to them and the Association and to serve as the official communication from the Board of Directors. The Administrator will supervise office staff and perform financial duties as directed by the Finance Committee and the Board of Directors. ARTICLE IX. FINANCES Section 9.1 Funding. Funding for the SLO Downtown Association shall be derived from an additional tax by each business annually of 100% of the business license taxes levied upon business by the City of San Luis Obispo; or revenues provided by voluntary contributions from within the SLO Downtown Association boundaries. Section 9.2 Budget. The SLO Downtown Association shall operate on a fiscal year basis ending June 30th of each year. The budget for the fiscal year shall be approved by the Board of Directors and presented to the City Council for its approval. All disbursements shall be executed through the City of San Luis Obispo. ARTICLE X. COMMITTEES Section 10.1 Standing Committees. In addition to the Executive Committee of the Board of Directors, the SLO Downtown Association shall have the following standing committees: (a) Parking and Access (b) Beautification (c) Promotions (d) Finance (e) Nominations (f) Thursday Night Activities (g) Economic Activity Section 10.2 Appointments. Immediately upon taking office the President shall appoint or cause to be appointed, committee chairpersons, subject to approval by the Board of Directors; however the committees of Finance and Nominations will be chaired by the President or designated Board Member in April and November, respectively. Section 10.3 Ad Hoc Committees. The President shall appoint special committees as may from time to time be needed or as may otherwise be provided elsewhere in the Bylaws, or with the approval of the Board of Directors. Section 10.4 Limitations of Authority. No person or committee shall have the power to commit the SLO Downtown Association to any financial or policy obligations without prior approval from the Board.. Section 10.5 Chairpersons. Committee chairpersons shall select the members of their committee upon the advise and consent of the President. It shall be the responsibility of the appointed committee chairperson to review upcoming agenda items with staff liaison and to keep himself/herself apprised of the current, approved, operating budget and to operate. within these areas on the matter of finances. Upon conclusion of the annual fiscal year or upon termination of the committee, whichever is sooner, a final report for the previous period of operation must be submitted to the President of the SLO Downtown Association.. ARTICLE XI. AMENDMENTS Section 11.1 Amendments. These Bylaws may be amended by a two - thirds (2/3) vote of the Board members and with the consent of the City Council. Any proposed amendment must be submitted to the Executive Committee at least seven days prior to a scheduled Board meeting. Such proposed amendment(s) must then be mailed or otherwise delivered to every Board member by staff in time for consideration at the next regular Board meeting. Section 11.2 Implementation. These Bylaws shall become effective upon approval of the City Council. Section 11.3 Order. All meetings and business affairs shall be conducted by Robert's Rules of Order, except as may otherwise be inconsistent with these Bylaws, in which case the Bylaws shall govern. San Luis Obispo Downtown Association President Administrator 12, U RESOLUTIONNO.8772 (1998SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 2132 WHEREAS, the City Council made certain findings concerning Tract 2132, as contained in Resolution No. 8173 (1993 Series), and WHEREAS, the City Council approved the final map for Tract 2132 per Resolution No. 8472 (1995 Series), and WHEREAS, the subdivider has satisfactorily completed the subdivision improvements for said Tract 2132 in accordance with City standards and specifications and has requested that the City accept the public improvements for maintenance and operation and release of surety. WHEREAS, the engineer of record has indicated that full payment has not been received for setting final monuments as required by Section 66497 of the State of California Government Code (Subdivision Map Act). NOW THEREFORE, the City Council hereby accepts the public improvements for Tract No. 2132. The Faithful Performance surety is hereby reduced to two thousand ($2000) dollars to guarantee payment to the engineer of record for setting of final monuments, plus ten (10) percent of the principal amount of the surety, in accordance with the subdivision agreement. The Labor and Materials surety shall be held for the period prescribed in Section 66499.7 of the Subdivision Map Act. Onmotionof Council Member Romero ,secondedby Council . Member Williams and on the following roll call vote: AYES: Council Members Romero, Williams,, Roalman, Smith and Mayor Settle NOES: None ABSENT: None I O'I7O l Resolution No. 8772 (1998 Series) Pagetwo the foregoing Resolution was passed and adopted this 17th day of March , 1998. ayor Afien e Clerk Bopdie G Approved as to Form: Acceptance - Tract 2132 nn ��� �� ; -� .:. c!�J � ..� ._ �-�- ,, . _� _. 'O :S�•�t ..., ice; r: y2" RESOLUTION NO. 8771 (1998 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 2100 AND MINOR SUBDIVISION NO. 92-127 WHEREAS, the City Council and the Community Development Director (CDD) made certain findings concerning Tract No. 2100 and Minor Subdivision No. 92 -127 (MS 92 -127), as contained in Resolution No. 8013 (1992 Series) and Director's Action No. 93 -05, respectively, and WHEREAS, the City Council approved the final map for said Tract 2100 per Resolution No.8605 (1996 Series) and the CDD approved the parcel map for MS 92 -127 per Director's Action No. 96 - 04, subject to completion of standard subdivision improvements, and WHEREAS, the subdivider has satisfactorily completed the public improvements for the said subdivisions, in accordance with City standards and specifications and has requested that the City accept the public improvements for maintenance and operation. NOW THEREFORE, the City Council hereby accepts the public improvements for Tract No. 2100 and MS 92 -127. The Faithful Performance surety is hereby reduced to ten (10) percent, in accordance with the subdivision agreement. The Labor& Materials surety shall be held for the period prescribed in Section 66499.7 of the California Government Code (Subdivision Map Act). Onmotionof Council Member Romero ,secondedbyCouncil Member Williams and on the following roll call vote: AYES: Council Members Romero, Williams, Roalman, Smith and Mayor Settle NOES: None ABSENT: None the foregoing Resolution was passed and ado:;;Mayor 17 th day of March ,1998. Allen K. Settle ATTEST: A proved as to form: ty Clerk 3drinieg Ga ty o y e Jorgensen I: \Council Agen a Reports\Final Acceptance - Tract 2100 & MS 92- I R -8771 � � � �� C �, �� �, 8770 RESOLUTION NO. (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A NEGATIVE DECLARATION FOR THE DEVELOPMENT OF A DOWNTOWN TRANSIT TRANSFER CENTER WHEREAS, the Public Works Department staff has developed design concepts (with input from the City Council) for the development of a transit transfer facility on Osos Street in the vicinity of City Hall (Exhibits B through D of the Negative Declaration and Attachments 3 through 6 of the March 3, 1998 Agenda Report); and WHEREAS, consistent with the provisions of the California Environmental Quality Act, the Community Development Department has prepared an initial environmental study that evaluates the potential environmental effects of Downtown Transit Transfer Center alternatives, and has determined that the effects of the recommended alternative (Attachment 3) are analyzed by this initial study, and WHEREAS, the Community Development Director issued a Negative Declaration for the Downtown Transit Transfer Center alternatives (ER 167 -97) that was noticed and made available for public review and comment pursuant to the California Environmental Quality Act (Public Resources Code Section 21091); and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed Downtown Transit Transfer Center, and reflects the independent judgment of the City Council. The Negative Declaration for the development of the Downtown Transit Transfer Center is hereby adopted. On motion of Vice Mayor Smith seconded by Council Member Roalman and on the following roll call vote: AYES: Council Members Smith, Roalman, Mayor Settle NOES: Council Members Romero, Williams ABSENT: None R8770 o 8770 Resolution No. (1998 Series) Page Two the foregoing resolution was adopted on this 3 day of March 1998. ATTEST Mayor Allen K. Settle APPROVED �, ♦/ ��/ I Jo - nsen � � � C` � V �,�� �� ���,��,� ,. � t RESOLUTION NO. 8769 (1998 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING THE UNITED STATES CRUISE TOURISM ACT OF 1997 (H.R. 2420 AND S. 803) WHEREAS, the City of San Luis Obispo supports and encourages the development of tourism; and WHEREAS, the Jones Act was enacted in 1920 to prohibit foreign flag vessels from transporting passengers between United States ports as a means of protecting American registered ships and crews; and WHEREAS, it is no longer practical or desirable for the Jones Act to be in effect since over 95% of all such vessels are now of foreign registry; and WHEREAS, it is in the interest of the United States to now maximize economic return from the growing pleasure cruise industry by encouraging the growth of new cruise itineraries between coastal cities in the United States; and WHEREAS, both California and San Luis Obispo County can reap great benefit from elimination of the current restrictions on foreign flag vessels without serious negative impacts; and WHEREAS, the United States Cruise Tourism Act of 1997, as set forth in House Resolution (H.R.) 2420 and Senate bill (S) 803, will, if enacted, permit certain foreign flag vessels to transport passengers between United States ports; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby supports enactment of the United States Cruise Tourism Act of 1997. On motion of Councilmember Romero , seconded by Councilmember Smith and on the following roll call vote:. AYES: Council Member Romero, Smith, Roalman, Williams, Mayor Settle NOES• None ABSENT: None The foregoing resolution was adopted this 3' day of March, 1998. R8769 Resolution No. Page 2 Allen K. Settle, Mayor ATTEST: APPROVED AS TO FORM: r •� / �Attorney Cl RESOLUTION NO. 8768 (1998 SERIES) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE NATIONAL RECREATIONAL TRAILS FUND ACT — FISCAL YEAR 1998 -99 WHEREAS, the National Recreational Trails Fund Act of 1991 provides funds to the State of California for grants to state, local, and nonprofit organizations to acquire, develop and/or maintain motorized and non - motorized trails; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within California, setting up necessary procedures governing project applications under the programs; and WHEREAS, said procedures established by the Department of Parks and Recreation require the applicant to certify by resolution approval of the application prior to submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California to complete the project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby authorizes submittal of an application to the California Department of Parks and Recreation for the National Recreational Trails Fund Act program for the project known as Bishop Peak Trail Enhancement; and BE IT FUTHER RESOLVED that the applicant certifies that it has or will have, prior to commencement of any work on project, sufficient funds to operate and maintain the project; and BE IT FURTHER RESOLVED that the City Council finds, per Section 15162 of the California Environmental Quality Act, that the project will reduce and limit the environmental impacts of the original project; and therefore determines that no further environmental review is necessary, and BE IT FUTHER RESOLVED that the City Council hereby appoints the City Administrative Officer as agent to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, payment requests, and so on, which may be necessary for the completion of the aforementioned project. On motion of Council Member Romero ,seconded byviee Mayor 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 ___a _day of March , 1998. R8768 Resolution No. 8768 W —' Series) Page 2 Mayor Allen K. Settle, ATTEST: 0 MW W-4 :• f_ J �i / APPROVED AS TO FORM: MQM ml 5.011, iian eioCity Attomey IX RESOLUTION NO. 8 7 6 7 (1998 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN EXPEDITURE OF $969715 FROM THE 1997 -98 STATE BUDGET TO ASSIST IN FUNDING PUBLIC SAFETY EQUIPMENT V;BEREAS, the adoption of the 1997 -98 State budget, the legislature passed AB1584 which established the Supplemental Local Law Enforcement Fund; and WHEREAS, AB 1584 appropriated $100 million to supplement local law enforcement budgets; and V41EREAS, the City of San Luis Obispo has received $96,715 from the 1997 -98 California State budget as granted under A131584; and WI4EREAS, the funds may be applied to programs or projects which are in existing budgets but are under- funded; and WTTEREAS, a public hearing was held on February 17, 1998, to receive public input on the recommendations for the use of these funds; BE IT RESOLVED, that the City Council of the City of San Luis Obispo approves the expenditure of $96,715 as received from the 1997 -98 California State budget to assist in funding Public Safety equipment, and authorizes the City Administrative Officer to execute any grant related documents. Upon. motion of Williams seconded by Smi th and on the following roll call vote: AYES: C ounc i l NOES: None ABSENT: None Members Williams, Smith, Roalman, Romero &:.Mayor Settle the foregoing resolution was adopted this 17th day of February ATTEST: W :. N APPROVED AS TO FORM: 1712109,W2 MORTRIPIN41FRA i Frv/M ' i'• • f -r Mayor Allen K. Settle 1998. R 8767 RESOLUTION NO. 8 7 6 6 (1998 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN EXPEDITURE OF LOCAL LAW ENFORCEMENT GRANT FUNDS AND APPROVING A 1/9's MATCH FROM THE GENERAL FUND WHEREAS, the Omnibus Fiscal Year 1997 Appropriations Act, Public Law 104208, provides funds for implementation of the Local Law Enforcement Block Grants Program to be administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice; and WHEREAS, based on population, the City of San Luis Obispo is eligible to apply for the amount of $63,612 from the Local Law Enforcement Block Grants Program; and WHEREAS, as part of the application process, an advisory board was established to review the application for funding, and has made nonbinding recommendations for the use of funds by the City of San Luis Obispo; and UMEREAS, a public hearing was held on February 17, 1998, to receive public input on the recommendations of the advisory board; BE IT RESOLVED, that the City Council of the City of San Luis Obispo approves the expenditure of $63,612 of Local Law Enforcement Block Grant funds for the purchase of equipment, approves the appropriation of 1 /9s' matching funds ($7,068) from the GeneralFund, and authorize the City Administrative Officer to make all grant applications and execute all grant related documents. Upon motion of Williams seconded by 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 1.7 th day of February 1998. ATTEST: APPROVED AS TO FORM: RESOLUTION NOS765(1998 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ESTABLISHMENT OF PARKING CITATION FEES, PENALTIES, SURCHARGES, AND PROCESSING; AND RESCINDING RESOLUTION NO. 8202 (1993) WHEREAS, State law provides, in Vehicle Code Section 40203.5, that cities establish the amount of parking penalties, fees, and surcharges; and WHEREAS, State law authorizes the City to recover administrative fees, parking penalties, fees and collection costs related to civil debt collection, late payment penalties, and other related charges; and WHEREAS, State law and the issuing agencies authorize the adoption of uniform fees, penalties, collection, adjudication process, authority to issue parking citations for California Vehicle Code and local regulations, and to establish a compliance program for parking citation processing. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The City has implemented the provisions of AB 408 and hereby establishes the penalties for parking violations, late payment penalties, administrative fees, and other related fees for all parking violation codes set forth in Attachment 1, attached hereto and incorporated herein effective April 1, 1998. Upon motion of Roalman , seconded by W; i I ; dm-,- and on the following roll call vote: AYES: Council Members Roalman, Williams, Romero and Smith NOES: Mayor Settle ABSENT: None the foregoing resolution was passed and adopted this ATTEST i.1 / APPROVED 1#enf, Cg Attorney 17th day of Februar , 1998.. Mayor Allen Settle Date 01/29/98 CITY OF SAN LUIS OBISPO PENALTY SCHEDULE Page 1 CODE & SECTION DESCRIPTION PENALTY SLMC 10. 12.030 REQUIRED OBEDIENCE TO TRAFFIC REGULATIONS 45 SLMC 10. 12.040 BICYCLE ON HIGHWAY - REGULATIONS 20 SLMC 10. 12.050 INTERFERENCE WITH POLICE /AUTHORIZED OFFICER 80 SLMC 10. 12.080 REPORT OF DAMAGE TO CERTAIN PROPERTY 75 SLMC 10.14.030 OBEDIENCE TO TRAFFIC CONTROL DEVICES 45 SLMC 10. 14.090 UNAUTHORIZED PAINTING ON CURBS 45 SLMC 10.16.010 OBEDIENCE TO TURNING MARKERS 75 SLMC 10.16.030 OBEDIENCE TO NO -TURN SIGNS 45 SLMC 10. 16.040 SIGNAL CONTROLLED INTERSECTIONS - RIGHT TURNS 45 SLMC 10.24.010 STOP SIGNS 20 SLMC 10.24.020 EMERGING FROM ALLEY, DRIVEWAY OR BUILDING 45 SLMC 10.28.010 DRIVING THROUGH FUNERAL PROCESSION 45 SLMC 10.28.020 COMMERCIAL VEHICLES USING PRIVATE DRIVEWAYS 45 SLMC 10.28.030 RIDING OR DRIVING ON SIDEWALK 45 SLMC 10.28.040 NEW PAVEMENT AND MARKINGS 20 SLMC 10.28.050 LIMITED ACCESS 20 SLMC 10.28.060 OBEDIENCE TO BARRIERS AND SIGNS 75 SLMC 10.28.070 ENTRANCE INTO INTERSECTION - OBSTRUCTING TRAFFIC 20 SLMC 10.32.020 PED CROSSING IN BUSINESS DISTRICT OTHER THAN CROSSWALK 20 SLMC 10.36.020 STOPPING OR STANDING IN PARKWAYS PROHIBITED 20 SLMC 10.36.030 STOP /STAND/PARK IN VIOLATION OF CHAPTER 20 SLMC 10.36.040 NO PARKING ZONE - PROHIBITED PARKING 35 SLMC 10.36.050 USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED 10 SLMC 10.36.060 PARKING DEMONSTRATION 10 SLMC 10.36.070 REPAIRING OR GREASING VEHICLE:ON PUBLIC STREET 10 SLMC 10.36.080 WASHING OR POLISHING VEHICLES 10 SLMC 10.36.090 PARKING ADJACENT TO SCHOOLS 10 SLMC 10.36.100 PARKING PROHIBITED ON NARROW STREETS 10 SLMC 10.36.110 PARKING ON GRADES 10 SLMC 10.36.120 UNLAWFUL PARKING - PEDDLERS, VENDORS 10 SLMC 10.36.130 EMERGENCY PARKING SIGNS 10 SLMC 10.36.140 LARGE /COMMERCIAL VEHICLE PARKING NEAR INTERSECTION 10 SLMC 10.36.150 NIGHTTIME PARKING OF LARGE VEHICLES 10 SLMC 10.36.160 NIGHTTIME PARKING OF VEH W /OPERATING AIR /REFRIGERATION 10 SLMC 10.36.200 PARKING IN A RESIDENTIAL PERMIT PAR_ KING AREA 10 SLMC 10.36.230 PERMITS - DISPLAY OF PERMITS 10 SLMC 10.36.235 NO PERMIT LOT 15 SLMC 10.40.010 TIMED PARKING 10 MINUTES TO 10 HOURS 15 SLMC 10.40.020 BACKING INTO PARKING SPACE PROHIBITED 15 SLMC 10.40.040 PARKING PARALLEL ON ONE -WAY STREETS 8 SLMC 10.40.050 DIAGONAL PARKING 8 SLMC 10.40.060 PARKING SPACE MARKINGS 20 SLMC 10.40.070 NO STOPPING ZONE 8 SLMC 10,40.080 ALL NIGHT PARKING PROHIBITED 20 SLMC 10.44.020 CURB MARKING TO INDICATE NO STOPPING /PARKING REGS. 10 SLMC 10.44.030 EFFECT OF PERMISSION TO LOAD/UNLOAD IN YELLOW ZONE 35 Attachment i Date 01/29/98 CITY OF SAN LUIS OBISPO PENALTY SCHEDULE Page 2 CODE & SECTION DESCRIPTION PENALTY SLMC 10.44.040 EFFECT OF PERMISSION TO LOAD /UNLOAD IN WHITE ZONE 20 SLMC 10.44.050 STANDING IN ANY ALLEY 20 SLMC 10.44.070 HANDICAPPED PARKING 275 SLMC 10.48.010 CERTAIN VEHICLES PROHIBITED IN CENTRAL DISTRICT 45 SLMC 10.48.020 ADVERTISING VEHICLES 20 SLMC 10.48.030 ANIMAL DRAWN VEHICLES 20 SLMC 10.48.040 TRUCK ROUTES 75 SLMC 10.48.050 COMM. VEHICLES PROHIBITED FROM USING CERTAIN STREETS 75 SLMC 10.48.060 MAX. GROSS WT. LIMITS OF VEHICLES ON CERTAIN STREETS 75 SLMC 10.52.040 PARKING METERS - OPERATIONAL PROCEDURES 10 SLMC 10.52.050 UNLAWFUL TO PARK AFTER METER TIME HAS EXPIRED 10 SLMC 10.52.060 UNLAWFUL TO EXTEND TIME BEYOND LIMIT 2 SLMC 10.52.070 IMPROPER USE OF METER 2 SLMC 10.52.080 PARKING METERS /STANDARDS - PROPER USE 2 SLMC 10.52.110 MOTORCYCLE SPACES 2 SLMC 15.08.110 PARKING RED ZONE 10 CVC 5204(A) CURRENT TAB IMPROPERLY ATTACHED 76 CVC 21106(B) CROSSWALK -USE WHERE PROHIBITED 54 CVC 21113(A) VEHICLE OR ANIMAL ON PUBLIC GROUNDS -MOVING 103 CVC 21113(A) VEHICLE OR ANIMAL ON PUBLIC GROUNDS- PARKING 20 CVC 21113(C) DRIVEWAYS, PATHS, PARKING FACILITIES ON GROUNDS 20 CVC 211 A(F) MOTORIZED BICYCLES, SKATEBOARDS ON PUBLIC PROPERTY 103 CVC 22500.1 STOPPING /STANDINGIPARKING: FIRE LANE 75 CVC 22500(A) STOPPING /STANDING/PARKING: WITHIN INTERSECTION 20 CVC 22500(B) STOPPING /STANDING/PARKING: ON A CROSSWALK 20 CVC 22500(C) STOPPING /STANDING /PARKING: BETWEEN SAFETY ZONE 20 CVC 22500(D) STOPPING /STANDING/PARKING: W /IN 15' FIREHOUSE ENTRANCE 20 CVC 22500(E) STOPPING /STANDING /PARKING: PUBLIC/PRIVATE DRIVEWAY 20 CVC 22500(F) STOPPING /STANDING/PARKING: ON SIDEWALK 20 CVC 22500(G) STOPPING /STANDING/PARKING: ALONG /OPPOSITE OBSTRUCT 20 CVC 22500(6) STOPPING /STANDING /PARKING: ON ROADWAY SIDE OF VEHICLE 20 CVC 22500(I) IMPROPER PARKING IN BUS ZONE 250 CVC 22500(J) STOPPING /STANDING /PARKING: IN TUBE OR TUNNEL 20 CVC 22500(K) STOPPING /STANDING /PARKING: UPON BRIDGE EXCEPT AUTH 20 CVC 22500(L) IMPROPER PARKING IN WHEELCHAIR ACCESS 250 CVC 22502(A) CURB PARKING 20 CVC 22502(B) PARKING OPPOSITE DIRECTION OF TRAFFIC 20 CVC 22502(C) CURB PARKING - WHEELS MORE THAN 18 INCHES FROM CURB 20 CVC 22504(A) UNINCORPORATED AREA PARKING 20 CVC 22505(A) PARKING ON STATE HIGHWAY WHERE SIGN POSTED 20 CVC 22505(B) POSTED NO PARKING - STATE HIGHWAY 20 CVC 22507 UNLAWFUL PARKING 20 CVC 22507.8(A) PARKING IN SPACE FOR HANDICAPPED 275 CVC 22507.8(13) PARKING IN SPACE FOR HANDICAPPED - OBSTRUCT /BLOCK 275 CVC 22507.8(C)(1) PARKING IN SPACE FOR HANDICAPPED - ON LINES MARKED 275 CVC 22507.8(C)(2) PARKING IN SPACE FOR HANDICAPPED - PARKING LOT 275 Attachment 1 0 C' Date 01 /29/98 CITY OF SAN LUIS OBISPO PENALTY SCHEDULE Page 3 CODE & SECTION DESCRIPTION PENALTY CVC 22510 PARKING IN SNOW REMOVAL AREAS 20 CVC 22511.7 HANDICAP ZONE 275 CVC 22512 VEHICLE UNATTENDED 103 CVC 22513 TOW CARS - PARKING ON FREEWAY 20 CVC 22514 FIRE HYDRANTS 20 CVC 22515(A) UNATTENDED VEHICLES - SET BRAKES /STOP MOTOR 20 CVC 22515(B) UNATTENDED VEHICLES - SET BRAK_ ES/WHEE__L_S/PREVENT MOVE 20 CVC 22516 LOCKED VEHICLE 103 CVC 22517 OPENING AND CLOSING DOORS 103 CVC 22520 STOPPING ON FREEWAY 20 CVC 22520.5 VENDING ON FREEWAY RIGHT -OF =WAY 103 CVC 22520.5(A) VENDING ON FREEWAY RIGHT -OF -WAY 103 CVC 22521 ILLEGAL TO PARK ON RAILROAD TRACKS 20 CVC 22522 PARKING NEAR SIDEWALK ACCESS RAMPS 275 CVC 22523(A) VEHICLE ABANDONMENT 270 CVC 22523(B) VEHICLE ABANDONMENT 270 CVC 22526(A) BLOCKING INTERSECTION PROHIBITED - ANTI- GRIDLOCK 50 CVC 22526(B) BLOCKING INTERSECTION 50 CVC 22650 UNLAWFUL REMOVAL OF UNATTENDED VEHICLE 103 CVC 22651(B) VEHICLE PARKED /LEFT STANDING TO OBSTRUCT TRAFFIC 103 CVC 22658.5 TOW COMPANY - REPORT DAMAGE 103 CVC 22658(L) TOW COMPANY - ILLEGALLY REMOVING VEHICLE 103 CVC 22951 PARKING LOT - STREET AND ALLEY PARKING .20 CVC 22952(A) PARKING LOT - TOWING OR REMOVAL 103 CVC 22952(B) PARKING LOT - TOWING OR REMOVAL 103 Attachment 1 �� �a 1 ��� RESOLUTION NO.; 8 7 6, 41998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL TO ALLOW POSTPONEMENT OF THE REQUIREMENT TO INSTALL SIDEWALK IMPROVEMENTS ALONG THE SANTA MARIA AVENUE FRONTAGE OF 88 BUENA VISTA AVENUE WHEREAS, the City Council conducted a public hearing on February 17, 1998 and has considered testimony of interested parties and the evaluation and recommendation of staff, and WHEREAS, the City Council has determined that postponing the condition to install sidewalk improvements per City regulations at 88 Buena Vista Avenue is justified along the Santa Maria Avenue frontage under the appeal procedures of Municipal Code Section 12.16.050 subject to executing a covenant to call the improvements due upon future written notice by the Public Works Director. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the applicant's request to waive installation of sidewalk improvements, staff recommendations, public testimony, and reports thereof, makes the following finding: The condition which requires the installation of sidewalk improvements per City standards is not necessary in this case along the Santa Maria Avenue frontage to accommodate orderly development and pedestrian travel at this time SECTION 3. Approval. The request for postponement of the requirement to install sidewalk improvements along the Santa Maria Avenue frontage is approved, subject to execution and recordation of a standard covenant to be recorded against the land, that provides for sidewalks to be installed "between the southerly property line and the curb ramp to be constructed at the intersection of Buena Vista and Santa Maria Avenues", upon written notice by the Public Works Director. R 8764 i i Resolution No. 8 7 6` -4� 1998 Series) Page Two On motion of Council Member Willianf9conded byCouncil 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 was passed and adopted thisl7t1day of February , 1998. ayor Allen . Settle ATTEST: APPROVED AS TO FORM: RWIP125 DevRev\ ... \Streets\88 Buena Vista Resol. rec � � � �` �,� a. a __ T'1S 4;'�,r • �, tip: t•: � �• RESOLUTION NOP7.63.'(1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION TO DENY A REQUEST TO AMEND THE ZONING MAP FROM R -3 -H TO R- 3-MU -H FOR PROPERTY AT 963 & 967 BROAD STREETS, AND REFERRING THE REZONING REQUEST BACK TO THE PLANNING COMMISSION FOR RECONSIDERATION OF NEW INFORMATION WHEREAS, the Planning Commission conducted public hearings on August 13, 1997, and January 14, 1998, and denied the amendment to change the zoning map from Medium -High Density Residential with the Historical Preservation overlay zone (R -3 -H) to Medium -High Density Residential with the Mixed Use and Historical Preservation overlay zones (R- 3 -MU -H) for property located at 963 & 967 Broad Street; and WHEREAS, the applicants filed an appeal of the Planning Commission's action on January 21, 1998; and WHEREAS, the City Council conducted a public hearing on February 17, 1998, and has considered testimony of interested parties including the appellants, the records of the Planning Commission hearings, and the evaluation and recommendation of staff; and BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Finding. That this Council, after consideration of the revised project (R 38 -97) including new project information, the appellants' statement and site plan, staff recommendations and reports thereof, makes the following findings: 1. New information received by the City since the appeal was filed warrants the review and reconsideration of the Planning Commission prior to the City Council taking a final action on the rezoning request. SECTION 2. Action. The appeal is hereby denied, and the rezoning request is referred back to the Planning Commission for reconsideration. R 8763. Resolution No. 8760998 Series) Page 2 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 was passed and adopted this 17' day of February, 1998.. ATTEST: ity Clerk Bo a Ga APPROVED: LJ /ILiI I% % i Prgensen C-2) RESOLUTION NO. 8 7 612 (1998 Series) ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION PROGRAM AND PRIORITIES FOR 1998 WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively communicate with State Legislators and Federal representatives in order to favorably influence the adoption of State and Federal legislation, regulations and grant requests; and WHEREAS, the League of California Cities conducts a legislative analysis and advocacy program on behalf of cities for State issues and major Federal issues; and WHEREAS, with four County supervisors representing different portions of the City, it is imperative that the City develop an improved system for regular communication with the Board of Supervisors, particularly concerning land use issues adjacent to the City; and WHEREAS, the City should continue to emphasize developing a positive relationship with North County Cities and agencies concerning water issues; and WHEREAS, the City desires to be proactive and involved in the governmental decision making processes directly affecting the City legislative priorities identified in Exhibit "A ", and other selected issues as may from time to time be recommended by the League of California Cities; and WHEREAS, a key component of the City's Legislative Action Program is face -to- face meetings between City representatives and elected officials at the Federal, State, and in particular County levels, and coordination with similar efforts made by other local government entities. .. -R - 8762 Resolution No. 8 76 2 i,. 1998) Page Two NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo does hereby establish the Legislative Action. Priorities for 1998, as set forth in the attached Exhibit "A "; and authorizes staff to take positions on legislation generally consistent with the Legislation Action Priorities and such other resolutions and recommendations of the League of California Cities as maybe from time to time presented to the City. Upon motion of Romero , seconded by Smith _ . and on the following roll call vote Ayes: Council Members Romero, Smith, Roalman, Williams & Mayor Sett Noes: None Absent: None the foregoing resolution was adopted this 17th day of February 1998. Mayor Allen Settle ATTEST: Clerk Bon ie Z Gawf APPROVED AS TO FORM: EXHIBIT A: CITY LEGISLATIVE ACTION PRIORITIES FOR 1998 FEDERAL PRIORITIES • Requiring funding of federally mandated programs, including new water /wastewater regulations, or eliminating such mandates • Promoting continued and increased funding sources for transportation, especially transit • Obtaining new funding sources to expand low and moderate income housing • Supporting legislation to transfer ownership of Salinas Reservoir to a local agency for the purpose of facilitating the Salinas Dam Expansion Project • Supporting legislation on coastal preservation • Supporting legislation that provides regulatory relief to local government in complying with the Fair Labor Standards Act and overtime provisions for exempt. employees • .Supporting continued funding for the Land and Water Conservation Grant Program • Supporting legislation to exempt cities from liability for leakage of hazardous waste discharge to POTW's from sewer • Supporting legislation which strengthens the ability of cities to control their public rights -of -way and apply zoning regulations relative to the telecommunications industry • Supporting legislation to increase the availability of grant funding to replace aging infrastructure • Opposing legislation that limits state.or local authority to tax catalog or internet sales • Supporting legislation which assists welfare reform to work.in a positive way and provides funding for the social service programs of local non -profit organizations. • Supporting the Cruse Tourism Act of 1998. • Obtaining cooperation and prompt approval from the EPA and Army Corps of Engineers for necessary flood control projects. e Supporting legislative action to retain the existing process of local judicial review of land use decisions, thus avoiding preemptory, premature intrusion of federal courts into matters best handled at the local level. r STATE PRIORITIES FINANCE • Supporting efforts to protect the City from loss of revenues due to State mandates • Supporting legislation that strengthens opportunities for local fiscal independence • Returning ERAF Supporting efforts to "protect, preserve and reform" local government finances COMMUNITY DEVELOPMENT • Opposing mandated State approval of local General Plan Elements, such as implementing and compliance with, State General Plan Housing element law Promoting funding sources to encourage the retrofitting of unreinforced masonry buildings • Promoting state efforts toward preservation of open space, coastal resources, signature land forums, wetlands, and other natural resources or areas threatened by development PUBLIC SAFETY • Preserving city's authority to investigate police misconduct • Preserving city's authority to establish emergency medical service levels C Increasing City authority to regulate group homes for juvenile offenders • Continuing support for disaster and earthquake preparedness • Supporting grant requests for Regional Hazardous Material Response Team, and a regional training facility • Supporting efforts to secure higher levels of cost recovery for DUI's • Supporting efforts to expand the scope of parental responsibility for crimes committed by minors • Supporting efforts to provide the Governor with authority to override the parole board when anyone convicted of a violent offense is proposed to be released on parole • Preserving the authority of local control on issuance of concealed weapons permits • Supporting a state -wide gaming commission to oversee all forms of gambling in the state • Supporting SCA 4 on trial court consolidaton • Retaining budget commitments for Public Safety supplemental funding - State COPS Program • - Supporting federal legislative action to retain the existing process of local judicial review of land use decisions, thus avoiding preemptory, premature intrusion of federal courts into matters best handled at the local level. TRANSPORTATION • Changing Gas tax laws to allow local tax for transportation purposes based on a majority vote of the public • Increasing transportation funding (including transit, bicycles, others) especially transit Encourage the Department of Transportation to improve traffic safety on the Highway 41-46 corridor through engineering solutions such as additional passing lanes, median barriers, and construction of a four lane highway. PERSONNEL/EMPLOYEE RELATIONS • Further reforming Worker's compensation • Preserving the fiscal integrity of PERS • Opposing binding arbitration and expanding of the "Peace Officers' Bill of Rights" • Monitoring employee healthcareibenefit changes PUBLIC WORKS • Better defining "qualified" bidders in public contracts bidding • Redefining Prevailing wages as "'average" local wages • Streamlining Federal and State process for funding street projects • Install median barriers on multi -lane segments of Hwy. 46 (Paso to Hwy. 41) Increase to $20,000 limits of work (from $5,000) for public projects not requiring competitive bidding PARKS AND RECREATION • Supporting recreational program funding, particularly for "at risk" individuals within the City • Supporting funding for: protection of natural resources (e.g., the Morros), open space, and parks development • Support funding for rehabilitation of urban parks o Support efforts at the State level for a park and open space bond measure UTILITIES • Providing funding for reclaimed water programs • Supporting clean water grant programs o Supporting efforts to enhance local government's ability to comply with solid waste requirements • Supporting legislation to exempt cities from liability for leakage of hazardous waste discharged to POTW's from sewer • Supporting legislation to increase availability of grant funding for replacement of aging infrastructure COUNTY PRIORITIES • Reaching agreement with the County and north county communities on solutions for Salinas Reservoir expansion and Nacimiento pipeline projects • Developing consistency between the City and County General Plans, particularly to emphasize the concepts that (1) urban development should be municipal, and (2) unincorporated areas shall remain rural, agricultural, or open space in character 4 • Increasing local funding of the Transit Transfer Center • Retaining County offices in the downtown area • Improving regional solid waste management • Developing cooperative approaches for providing services on a regional basis • Effectively and cooperatively implementing the Community Development Block Grant Program • Discussing and resolving issues on the City periphery, such as conversion of agricultural zoning to residential subdivision and industrial use, allowing increases in density in residential and industrial areas, allowing substantial development, beyond the City's urban reserve line, and giving greater credence to and respecting the integrity of the City's planning process • Discussing uses for the County-owned "garage" adjacent to the Fremont Theater that are more consistent with the Downtown Plan and provide more contribution to the economic vitality of the downtown RESOLUTION NO8'$98 Series) A RESOLUTION OF THE. COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING INTERIM FEES FOR HAZARDOUS WASTE GENERATOR INSPECTIONS WHEREAS, on December 5, 1996, the City entered into an agreement with the County of San Luis Obispo for the purpose of implementing the elements . of a unified hazardous waste and materials management regulation program, and WHEREAS, the City currently charges fees for all the elements of this program except hazardous waste generator inspections, which are currently set and charged by the County; and WHEREAS, the goal of the program is to establish one permit/fee; and WHEREAS, it is the City's goal to perform a comprehensive cost of services study, in cooperation with the County, in order to establish a unified rate structure that fully recovers in the future the cost of providing these services; and WHEREAS, in the interim, it is necessary to set fees for this service. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that it adopt the County's fees for these services as provided in Exhibit A (Waste Generators) into the City's current fee schedule; however, the city's fees in the future will R 8761 Resolution No. 87", (1998 Series) �� Page 2 change as the County's fees change, until such time as a comprehensive cost of service study is completed. On motion of Council Member Smith, seconded byCouncil Member Williams, and on the following roll call vote: AYES: Council Members Smith, Williams, Roalman, Romero and Mayor Settle NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of February 1998. ATTEST: APPROVED AS TO FORM: ow"mx ®r grwz, .0 IPWA $2 „V„ Zlgixx3 zz O 9 z D r 2 m D JrJ i Mo m m D v m z MM O m n m 9 m z q m m m U) D N N N N N m '.J m v N) V7 D D m o M o z V n n m � D CD c N U) m G) o � o m + A d1 m CD c m m o m -- c °-' J d m "' 0 J p v_ m J O O � m r m 7 O. m D Q° c 3 z rn o o L 0 m CD a m m • o —D i CL Q° m to CD (n m o J y m N N o O O O y 7 m 0 o < N m m O O N m 3t m r- V! CD N m 0 M W C < C p .O. 7 0 3 y N O 2 7 O "• m N m m W N Q 10 N O z y. NN O = m .N•. CD y 1 _= r O N N fD r N (� G m CD CD 3 CD C z m m O CD 3 O• < FD' m 1 Q, Q 0 CD � y c R O C c o � a 0 0 = 2 = 20 20 < < N N o 20 a C a CA c co m n N (l 00_ < U7 M O CD G w Cori W N 7 N cr Cf N � O CD cr m N A W CT A A A '� A A A A N •+ -� O O W � O O O O O W D N O A T T S O C O O O O 2 O O O O O 1 1 1 1 O O O O O O 2 O O O O O „V„ Zlgixx3 zz O 9 z D r 2 m D JrJ i Mo m m D v m z MM O m n m 9 m z q m m m U) RESOLUTION NO. 8760 (1998 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING THAT THE PROPERTY AT 663 CHURCH STREET MAY CONSTITUTE A PUBLIC NUISANCE, AND ORDERING A PUBLIC HEARING CONCERNING SAME AND ABATEMENT THEREOF WHEREAS, the Council finds that the condition of the premises at 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, may constitute a public nuisance, and WHEREAS, the premises are maintained in such a manner as to constitute a fire hazard. Trash and combustible materials are stored in and around the house to such a degree that a serious and ongoing life - safety hazard is presented, and WHEREAS, possible methods of abatement would include; removal of the items and materials constituting the fire and health hazard, rehabilitation, repair, or demolition of the premises, or other appropriate action, and WHEREAS, if the property owner does not voluntarily comply, abatement would be completed by the City and all costs would be borne by the property owner and would constitute a lien upon such premises until full payment is "received. NOW, THEREFORE BE IT RESOLVED, the Council intends to hold a public hearing in the Council Chambers at 7:00 p.m. on March 17, 1998, to ascertain whether said premises R 8760 Resolution No. 87f° (1998 . Series) Page Two v ' constitute a public nuisance which may be abated in accordance with Chapter 8.24 of the San Luis Obispo Municipal Code. The City Clerk is directed to provide notice of the public hearing to the property owner as required by San Luis Obispo Municipal Code Sections 8.24.050 and 8.24.060. Upon motion of Council Member _Smith , seconded by Council Member Williams and on the following roll call vote: AYES: Council Members Smith, Williams, Roalman, Romero and Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this ATTEST: ty Clerk Bo Ga V ij:101TA:h�i ; VIIIA 3rd day of February ..; PC