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HomeMy WebLinkAbout07/06/1983M I N U T E S ADJOURNED MEETING OF THE.CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, JULY 6, 1983 - 12:00 NOON COUNCIL HEARING ROOM, CITY HALL,.990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION ROLL CALL . Councilmembers Present: - GlennaDeane Dovey, Ron Dunin, Robert Griffin and.Mayor Melanie C. Billig Absent: Allen K. Settle City Staff Present: Paul. Lanspery ,.Administrative.Officer; Anne Russell,, Assistant City:Attorney; Arthur.J. Shaw, Jr.,• Attorney; Geoff Grote, Assistant Administrative Officer ----------------------------------------------------------------------_ --- 12:20 p.m. City Council adjourned to Closed Session to discuss Personnel /Litigation Matters. 1:20 p.m. City Council reconvened, Councilman Settle absent. _ A -1 Resolution of Appreciation No. 5160 (1983 Series) adopted expressing the city's gratitude to Mr. Robert Corcoran for fifty years of service._ There being no further business to come before the city Council, Mayor Billig adjourned the meeting to Wednesday, Julys -�, 1983 at 6:00 p.m. f APPROVED BY COUNCIL: 9/20/83 M I N U T E S ADJOURNED REGULAR MEETING OF:THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, - JULY -6, 1983 — 6:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA PLEDGE OF ALLEGIANCE - ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin and Mayor Melanie C. Billig Absent: Allen K. Settle City Staff Present: Paul Lanspery, Administrative-Officer; Geoff Grote, Assistant Administrative Officer; Art Shaw, Acting City 1 1 1 City Council Minutes Wednesday, July 6, 1983 - 6:00 p.m. Page 2 Attorney; Pamela Voges, City Clerk; Wayne Peterson, City Engineer; Don Englert, Acting Police Chief Melanie Billig reviewed the actions that the Council would be reviewing this evening. In addition, she outlined the three courses of action that were available to the Council-concerning the parking initiative: 1'.' Adopt the parking initiative without alteration. 2. Place the parking initiative on the ballot without alteration. 3. Do not place the initiative on the ballot if the City Attorney were to substantiate legal findings that would make it in the best interests of the City not to do-so. Mayor Billig then requested the Acting City Attorney, Art Shaw, to review his legal findings concerning the parking initiative. Art Shaw reviewed his letter to the Council stating his opinion that the parking initiative petition certified by the City Clerk was invalid due to the failure of the petition circulators to substantially comply with the certification and ordinance enactment provisions of State law for initiatives. Various grounds for the petition invalidity were: 1. The Affidavit of Circulator was not attached: 2. Failure to use required words of enactment.' 3. Void for vagueness or uncertainty, which cites three paragraphs: a. "The initiative purports to'apply to "Any government entity" taking or completing certain actions. "in the City of San luis Obispo ". However, a City ordinance such as the Parking Initiative petition cannot be made applicable to any government entity other than the City. b. Subparagraph (1) of-the initiative purports to.apply to projects which have been "given final approval after•January 1, 1982 ". If "final approval" has been given for a project, Mr. Shaw does not believe that the initiative could be applied retroactively to stop the project. C. Subparagraph (2) refers to "the purchasing of.any property for any use of parking automobiles ". Presumably; providing just one parking space on any property purchased by the City would come within the ordinance. -The purchase of property for a police station, fire station, service or maintenance yard, recreation hall, library, cultural center, etc., etc., would all be subject to subparagraph (2)." Upon question by Councilman Griffin, with regards to.any constraints open to. the Council to waive or ignore procedural defects in order to place the initiative on the ballot, Mr. Shaw stated there were.none and it would be within the means of the Council to place the initiative on the ballot. Mayor Billig opened the meeting for public discussion. Joe Warnagaris, 844 Venable Street, stated he had circulated the petitions and over 90% of those people who were asked were pleased to be able to sign it. Councilman Dunin questioned whether or not the people read the initiative. In response, Mr. Warnagaris stated that there were no campaign tactics used; but the people signed it willingly and did read it. Mike Taylor, co -owner of Sunshine Donuts, reported that he too had circulated petitions and had been primarily concerned that those that signed were registered voters of the city. Charles Long, 145 South. Street, stated that with an expenditure of $6,500,000 at stake, the taxpayers should have an opportunity to vote on the parking structure. He also suggested that the Council place a similar ordinance to City Council Minutes Wednesday, July 6, 1983 - 6:00 p.m. Page 3 allow the people to vote on whether or not they want a shopping mall either downtown or at Madonna Plaza. Larry Falks, 1151 Peach Street, suggested the Council scale -down the project. He felt there were many other alternatives that could be reviewed, and felt the current proposal for a parking structure was too large and unnecessary. Councilman Dunin reminded the audience that the petition does not address the parking structure., but rather addresses various restrictions and that the audience should be speaking to the petition before the Council, not the parking structure. The City Attorney was then requested to review the parking initiative for the benefit of the audience. Art Shaw, City Attorney, then read into the record as follows: "Any government entity, such as an agency, -a council, or a board or any entity using any form of government.funding.or tax . money, must receive approval.from.the majority of voters at :a general municipal City of San Luis Obispo election before any of the following actions may be taken or completed:in the city of San Luis Obispo: 1) the preparation of a site for or the construction of any " structure that contains space for parking automobiles that is more than two levels in height from the lowest level to the highest that has been planned or given-final approval after.Jan. 1, 1982, by any entity described above. 2) the purchasing of any property for any use of parking automo- biles. 3) the clearing of a site used for parking automobiles that involves the destruction of structures containing more than,1000 sq. ft. of space. , Any proposal covered in this ordinance may be placed on a general municipal.City of.San.Luis.Obispo election ballot by any majority vote of the city council. No part of this initiative shall be changed or amended,, except by the majority of the voters at a general municipal election. If any part, section, clause, or phrase hereof is for any reason held to be unconstitutional, the remainder shall not be affected but will remain in full force and effect." Upon question by Councilman Griffin as to whether or not, if the initiative were to pass on the ballot, it would require that it go to the vote..of the people again for the proposed parking structure, Attorney Art.Shaw replied in the affirmative. Gloria Poutes, 371 Lincoln Street, felt that by putting this issue on the ballot it would help the Council to mend some fences and rebuild their credibility, which she felt had been greatly eroded throughout this whole ordeal. Marcel Cote, 1351 Cavalier Lane, then read into the record his statement as follows: "Most of the people gathered here in the City Council Chambers this evening are here to help our City Council make a decision , which will be helpful to out City. With that in mind, I circulated petitions this past week -end. Those petitions which I hold in my hand are clearly labeled in bold print: "WE SUPPORT THE PARKING STRUCTURE ".. May I please give.you the reactions of the general public as well as downtown merchants.and property.owners. On- Saturday, July 2, I sat in a chair in front of the Mission Mall and collected approxmiately 200 signatures. On Sunday, July 3, I sat in a chair in front of Safeway and collected approximately 200 more signatures. Only 4.7% of all the people interviewed City Council Minutes Wednesday, July 6, 1983 - 6:00 p.m. Page 4 said they did not support the parking structure. I spent as much time as each person wished discussing the parking garage and answering their questions. Eighteen people voted no, and 419 signed these petitions.voting.yes to the parking structure we're asking you to approve tonight. During the interviews, three ladies told me'they had already signed petitions supporting the parking structure. One lady told me that when she was at the Old Mission During La Fiesta, she saw a sign which said: "Parking Petition, sign here ".. She asked.the lady at the table: "Is this for parking ?" She said, yes, sign.here. Literally hundreds of signatures were obtained in this manner. Many petitions were left unattended in stores; which renders.them invalid according to the affidavit at the bottom of each page. He-then read the affidavit into the record. Because of this, it is quite likely . that there are not enough valid signatures to qualify the initia- tive for the ballot. Several legal opinions have been obtained, and they are unanimous: even if the initiative were to be put on the ballot and enacted, a court would declare it to be invalid for three reasons. Paragraph 1 attempts to apply law retroactively. Paragraph 2 is so broadly restrictive as to render it invalid on its face,.and paragraph 3 is clearly discriminatory in that it interferes in an unconstitutional way with a private citizen's right to dispose of his property as he sees fit, as well as encroaching upon the city's power of imminent domain. For these many reasons, therefore, .honorable Mayor and City Council I.request that you please declare this initiative invalid because of insufficiency and ..illegality, and to vote tonight for the start of construction of the new parking structure for downtown San Luis Obispo. Thank you very much." Fred Hamlin, 1767 Conejo, urged the Council to ignore certain technical ' deficiencies and allow the voters to vote on the issue. Ms. Marti Owen, 866 Monterey, agreed and felt the people should:have a say on the matter. Russ Johnson, San Luis.Obispo, stated that although he was not.a resident he did work`in.the city and- was.concerned.that.the Council was doing too much closet spending. The basic objective is spending a legal sum of money .for the benefit of very few. David Bodie, 873 Chorro Street, felt that the entire benefit of elections is to allow people to speak on certain issues and this was obviously one such, case. Allen Cooper, 777 Knoll Drive, felt it was unfair to allow this to be used as a forum for a no -vote confidence.of the Council, which it was all it was purported to be. Ron Bearce, 113 Iris Street, stated that there were nearly 100 people who offered to circulate petitions. He stated the parking initiative was written as it was to insure that any parking structure could not be built without.a vote of-the people. Had they,used wording that - .limited it to the current purposed structure he was afraid that the Council would have in its power an opportunity to make a new configuration and still build a structure without-the-consent of the people.. The initiative should not represent a threat to the Council because if the people truely want the parking structure this ordinance would be defeated. Councilman Griffin questioned if Mr. Bearce understood how a petition had to be circulated. . In reply Mr. Bearce stated that he did. Councilman Dunin cited 'an example; that he found one cir.culator•who was sleeping. Was it Mr. Bearce's intent to control the performance of the City Council or simply to put this issue on the ballot. City Council Minutes Wednesday, July 6, 1983 - 6:00 p.m. Page 5 Mr. Bearce stated that the intent was to put the parking issue on the ballot only— Dale Dale Molesworth, 206 Marlene Drive, San Luis Medical Clinic Administrator, stated that they elected the Council to act responsibly and legally and he would, therefore, support the Council's denial of this petition. Andre Murray, who lives in Cayucos,- stated that -the petition represents the people's desire and although he was not a resident he also was concerned that this go to a vote of the people. Vivian Vanner, 1972 San Luis. Drive, questioned why the Council was objecting to placing the-initiative on the ballot. Mayor Billig reminded her that the Council had taken no action. Ms. Vanner stated that she would support the Council's placement on the ballot. Bob. Furman, 130 South Tassajara,.stated he did business in San Luis Obispo. He stated that the Council.was:in receipt of a hot potato, and as the old saying goes "if you have a hot potato, pass it on ".. He stated he'd been a resident since 1961 and to trust the voters because they are "not stupid ". Will Bearce, 804 Pasatiempo Drive, stated that the initiative represented a voice of the people and would urge the-Council to place-it-on-the ballot. Foy Hanff, San Luis Drive, also urged placement of the initiative on the ballot. Tom Jones, 1750 De Anza Court, said that he had done a survey over two years ago finding that in 209 interviews done by telephone,. 82% said that there was a parking problem downtown and 18% responded no. Upon question, they stated that as far as who should pay, 75% of them stated the user should pay. Don Patrick, 513 Jeffrey Drive and Chairman of the Parking Committee, stated that most of those that had spoken against the parking initiative this evening and for placement on the ballot never-attended any of the meetings where the parking structure had been discussed. He stated that the B.I.A. and the Chamber of Commerce had .voted unanimously to support the structure. Two previous councils also desired to do something about the parking problem. Ernie Morney, 206 Margarita, stated that out of respect to over 3,000 people who did sign the petition this should go to a vote of the people. Upon question Paul Lanspery was requested to review the parking-structure and its proposal. He stated that if this were to become a ballot issue the schedule would certainly be revised and not be coming to the Council until after the election. Jim Vena, E1 Tigre - Court, stated that he has .recently come from Los Angeles and'was more concerned that if the parking structure was built would there be any monies left over to fix the potholes in -the street. Paul Lanspery, City Administrative Officer, then reviewed the funding, stating that it would come from user fees and revenues derived from the ' lease of the theatres and the space. Andrew Merriam, 1516 Broad Street,•stated that we are'really.talking about the quality of life, we're trying to safeguard San Luis Obispo so it won't look like a Los Angeles. This initiative would hamstring the Council and he would urge against it. Clifton Swanson; Squire Canyon, congratulated the Council on taking on this monumental project and would support the Council's previous position -to build the parking structure. City Council Minutes Wednesday, July 6, 1983 - 6:00 p.m. Page 6 Jack Besick, Squire Canyon, stated that criticism is always easy to find and he would support what the Council feels they must do: He felt this was a pedestrian town and so we need a place to park the cars. Jerry Holland, 3188 Flora Street, compared this initiative as similar to Proposition "G ", the Council put it on ballot and it won, people need to be -listened to, do not adopt the ordinance but do not just reject it. ' Vern Merrygreen, 1743 South Drive, spoke in support of placing the initiative on the ballot. Rudy Silva, 923 West Street,.agreed with comments made by Jerry Holland. Carol Garcia, 1301 Cecelia Court, stated that people had made it obvious they wanted to vote on the project and urged the Council to allow them that opportunity. If they did not wish to place it on the ballot then at least put something else in its place to reflect their feelings concerning the parking structure. Mayor Billig declared the public portion closed. Upon question by Councilwoman Dovey, Pam Voges, City Clerk, responded that 3367 signatures were received, 3036 signatures were checked, 2015 signatures were valid of a needed 1985. She stated that this represented approximately 33.5% invalid signatures. Upon question, Paul.Lanspery responded that the parking revenues would be obtained through a twenty -year bond issue, the parking fund would pay for the debt service-and the leases would be additional revenues. Wayne Peterson, City Engineer, stated that the total garage would allow in excess of 400 spaces, about 282 spaces is the net increase with a loss of spaces taken out by putting the garage-in. The project could be scaled down and an additional 38 spaces removed at a considerable cost savings if the top floor is removed. Councilman Griffin stated that it saddened him how many of the circulators took the initiative so lightly. Notwithstanding that, he would still be willing to place it on the ballot although it was his opinion it was an extremely bad law. He would, therefore, also suggest placement of a second binding measure on the issue of the parking.structure itself. He felt that there was an important distinction between the structure and hamstringing the Council. Councilwoman Dovey agreed with comments by Councilman Griffin, stating that she would support the proposed ordinance on the ballot because of the number of people who feel that it's necessary for them to have a say on the parking program. She did not feel that all decisions should be put to a vote of the electorate because that would not be democratic process, but rather there should be trust in the elected officials. She was concerned about the division happening to the community. She felt that there was a need to find out how people really felt. Putting the proposed initiative on the ballot would give the people an opportunity to study it. She also agreed with Councilman Griffin to allow people to vote on an alternative measure concerning the proposed parking structure itself..: . Councilman Dunin stated that for seven years the Council has been urged to do something about the parking problem in San Luis Obispo. It was apparent 1 thaf the most important issue was the parking structure not the petition from the comments made this evening. There are two issues: 1) the initiative and 2) the parking structure. Every two years people have an opportunity to review the elected officials and decide to keep them or not to keep them. As Mrs. Dovey pointed out, the real division of the community was at stake. He felt the entire issue had been done on too much of an emotional basis. He did, however, feel that we could not disregard the feelings of the people even though he felt that many of them did not know what they were signing. Of those individuals speaking this evening, many of them did not realize the implications of the ordinance should it be adopted. Most City Council Minutes Wednesday, July 6, 1983 - 6:00 p.m. Page 7 of those that he had personally talked with did not support.the petition as to what it would achieve. He cited-the Mission Plaza problem as an example. People are still not talking to one another as a result of that division. He felt the initiative would result in virtually nonperformance from the Councilmin the future. He would hope that the voters could prove otherwise. Mayor Billig stated that the City Attorney had made some very important comments, however, when such a significant number of people wanted a say in the issue she felt it was appropriate to allow them this opportunity. 'She had a great deal of faith in the people to make an intelligent decision. She felt it was very difficult to evaluate the facts when an issue becomes so emotional. Whether one supports or does not support, the level of debate should be on a rational objective basis. She too would support placement of the initiative on the ballot. Councilman Griffin commented, that although the citizens were greatly reliant on the news media to get the correct information out, the burden still falls upon the voters to make the decision. Mayor Billig stated that Councilman Settle had also indicated that his sentiments were that the parking initiative should be placed on the ballot in some form. . Resolution'No. 5161 (1983 Series),'adopted On motion of Councilman Griffin, seconded by Councilwoman.Dovey,/to place the parking initiative on the November ballot. Motion carried on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle Resolution No. 5162 (1983 Series), adopted On motion of Councilman Griffin, seconded by Councilwoman Dovey,/to place the following ballot measure at the November 8, 1983, election "Shall the proposed downtown parking structure with incidental commercial uses be approved ? ". Motion carried on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle Resolution No. 5163.(1983 Series),, adopted After discussion and minor amendments it was moved by Councilwoman Dovey, seconded by Councilman Griffin,/to place the four following advisory ballot measures on the November-8, 1983, election: 1. Should the City study the feasibility of a local cable TV system owned and operated by either the city or a non - profit corporation? 2. Should the city continue programs to protect sensitive hillsides including consideration of the purchase of open space? 3. Should the city continue its commitment to the development of a . library, community center and cultural facilities in or near downtown? 1 4. Should Port San Luis be used for off -shore oil activities? Motion carried on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle 1 1 1 City Council Minutes Wednesday, July 6, 1983 - 6:00 p.m. Page 8 There being no further business to come before the City Council, Mayor Billig adjourned the meeting at 8:15 pm.'to 11:30 a.m., Monday, July 11, 1983. Palfe la ges, Cit 1 rk APPROVED BY COUNCIL: 10/18/83 M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, JULY 11, 1983 - 11:30 A.M. DISCOVERY MOTOR INN, 1800 MONTEREY STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION ROLL CALL Councilmembers , • . . _. Present: GlennaDeane Dovey; Ron Dunin, Robert Griffin and'Mayor Melanie'C. Billig Absent: Allen K. Settle City Staff Present: Paul Lanspery, Administrative Officer 11:50 a.m. City Council convened in Regular Session. C -1 PARK RESTORATION AND URBAN REFORESTATION PROGRAM GRANT On Motion of Councilman Griffin, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 5164 (1983 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement with the State of California for completion of a project under the park restoration and urban reforestation program. Motion carried on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle 12:00 noon City Council adjourned to Closed Session to discuss Personnel Matters. 9:30 p.m. City Council reconvened, Councilman Settle absent. There being no further business to come before the City Council, Mayor Billig'adjourned the meeting to Monday, J APPROVED BY COUNCIL: 9/20/83