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.
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(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!
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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
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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.
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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
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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
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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
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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:
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�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
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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
��
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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
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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:
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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
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3rd
day of
February
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