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HomeMy WebLinkAbout1986 CHARTER AMENDMENTS - 3-6-68'41 Limited Partnership Division March Fong Eu 923 - 12th Street, Suite 301 P.O. Box 704 Secretary of State Sacramento, CA 95803 November 12, 1986 Pamela Voges, City Clerk City of San Luis Obispo Post Office Box 8100 San Luis Obispo, CA 93403-8100 Dear Ms. Voges: Statutory Certification, Bonds and Filings Unit (916) 324-6778 Amendments to the Charter of the City of -San Luis Obispo, ratified by the voters at the election on June 3, 19861, wereijg�,m this office on -5e ptembet_..11.;.-198.6 and assigned Charter Chapter Number 16 for publication in the Statutes of 1986. CC: DT: dt Sincerely, Charleen Culbertson Statutory Certification, Bonds R E C E ! V E ® and Filings Unit NOV 171986 CITY CLERK SAN LUIS OBISPO, CA ammma.A C1W Of SM WISCA OBISpO WM 990 Palm Street/Post Office Box 8100 9 San Luis Obispo, December 17, 1986 MEMORANDUM TO: City Council Managemen Tam FROM: Pam Voge ity Clerk SUBJECT: Revised City Charter Attached are copies of the revised City Charter including all amendments adopted through the June 3, 1986 election. The Charter is also codified in the Municipal Code which most of .your managers and mid -managers have copies of. If additional copies are needed, please contact Gail at City Central, 549-7100. Happy New Year! PV:js Attachment 31, Charter Chapter 16, City of San Luis Obispo Amendments to the Charter of the City of San Luis Obispo (Filed with the Secretary of State on September 11, 1986) ARTICLE VII. APPOINTIVE OFFICIALS This section shall be deleted as follows: SECTION 727. Voter Approval of Annexations. Except for territory which is dedicated solely and entirely to a permanent public use, no annexation of territory to the City shall become effective until approved by a vote of the people at a general or special election held after the final decision by the Council to. annex such territory (amended June 6, 1978 - Measure G). ARTICLE III. MUNICIPAL ELECTIONS This section shall be amended to read as follows: SECTION 410. Compensation. The Mayor and each Councilmember shall receive compensation for services, payable monthly, with the Mayor receiving greater compensation than the other Councilmembers. Compensation for Mayor and Councilmembers shall be reviewed biennially in even -numbered years. When warranted, said compensationmay be adjusted by Council resolution. to be effective January 1st of the year following the review. The compensation rate may be revised by the electorate by initiative. Mayor and Councilmember expenses incurred for official business shall be reimbursed. ARTICLE VI. LEGISLATIVE ACTIONS This section shall be amended to read as follows: SECTION 669. Violation of Ordinances. The violation of any ordinance adopted and published by the City Council shall constitute a misdemeanor unless by ordinance it is made an infraction, provided that the City Attorney may elect to prosecute an:: misdemeanor as an infraction. Loth misdemeanors and infractions may be prosecuted or may be redressed in'the manner provided by the general law of the State. Certified to be a true copy by Ron Dunin, Mayor and Pamela Voges, City Clerk. Date of Special Municipal Election: June 3, 1986. RECORDING REQUESTED BY: CITY OP BAN LUIS OBISPO Y HI;N RECORDED PLEASE RETURN TO CITY OF SAN LUIS OBISPO j XM CLERK'S OFFICE ', P. 0. Box 8100 San Luis ®blapo, CAL 93403-0100 C E R T I F I C A T E D04, NO. 631.65 FFICIAL RECORDS SAN LUIS OBISPO CO., CAL SEP 3 0 1986 - FRANCIS M. COONEY 6 County Clerk -Recorder TIME 1.15 0 PM I, Pamela Voges, the duly appointed and qualified acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a full, true and correct copy of: Certification of Charter Amendments (Measures "B", "C" & "D") as ratified by the electors of the City of San Luis Obispo on.Tuesday,.June 3, 1986. WITNESS my hand and the seal of the City of San Luis Obispo this 30th day of September—, 1986. Voges, Cit Clerk. VOL 2 891 PAGE 592 .QC .' fir 7 CERTIFICATION OF CHARTER AMENDMENTS j (MEASURES "B", "C" & "D") AS RATIFIED BY THE ' ELECTORS OF THE CITY OF SAN LUIS OBISPO ON TUESDAY, JUNE 3, 1986 I, Pamela Voges, City Clerk of the City of San Luis Obispo, do hereby certify that at the Special Municipal Election held in the City of San Luis Obispo, California, on the 3rd day of June, 1986, the following amendments to the San Luis Obispo City Charter were ratified by a.majority of the electors of said City: CHARTER AMENDMENTS ARTICLE VII. APPOINTIVE OFFICIALS This section to be deleted in its entirety as follows: SECTION 727. Voter Approval of Annexations. Except for territory which is dedicated solely and entirely to a permanent public use, no annexation of territory to the City shall become effective until approved by a vote of the people at a general or special .election held after the final decision by the Council to annex such territory (amended June 6, 1978 - Measure G). ARTICLE III. MUNICIPAL ELECTIONS SECTION 410. Compensation. The Mayor and each Councilmember shall receive compensation for services, payable monthly, with the Mayor receiving greater compensation than the other Councilmembers. Compensation for Mayor and Councilmembers shall be reviewed biennially in even -numbered years. When warranted, said compensation may be adjusted by Council resolution, to be effective January 1st of the year following the review. The compensation rate may be revised by the electorate by initiative. Mayor and Councilmember expenses incurred for official business shall be reimbursed. ARTICLE VI. LEGISLATIVE ACTIONS SECTION 609. Violation of Ordinances. The violation of any ordinance adopted and published by the City Council shall constitute a misdemeanor unless by ordinance it is made an infraction, provided that the City Attorney may elect to prosecute any misdemeanor as an infraction. Both misdemeanors and infractions may be prosecuted or may be redressed in the manner provided by the general law of the State. VOL 2891 PAGE 593 11 Certification of Charter Amendments Page 2 In witness whereof, we have hereunto set our hands and caused the corporate seal of said City of San Luis Obispo to be affixed hereto thAs 5th_ day of September. 1986. CITY OF SAN LUIS OBISPO OR RON DUNIN ATTEST: END OF DOCUMENT VOL 2891 PAGE 5qd UNITED STATES POSTAL S ICE OFFICIAL BUSINESS I I '.i P P too� I 111 Print your name, address, and ZIPe6deii4tlre'' space below. • Complete items 1, 2, 3, and 4 on the reverse. • Attach to front of article if space permits, otherwise affix to back of article. • Endorse article "Return Receipt Requested" PENALTY FOR PRIVATE USE. S3DD RETURN TO CITY OF SAN LUIS OBISPO CITY CLERK (Name of Sender) `-a P.O. BOX 8100 (No. and Street, Apt., Suite, P.O. Box or R.D. 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(see front) If you want this receipt postmarked, stick the gurttrned stub to the right of the return address leaving e receipt attached and present the article at a post office service window or hand it to your rural carrier. io extra charge) If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of e article, date, detach and retain the receipt, and mail the article. If you want a return receipt, write the certified mail number and your narne and address on a return ceipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space per - its. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED 1jacent to the number. . If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse IESTRICTED DELIVERY on the front of the article. . Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return !ceipt is requested, check the applicable blocks in item 1 of Form 3811. . Save this receipt and present it if you make inquiry. Or a 'City of sAn tuis omspo 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 ? September 8, 1986 Ms. Charleen Culbertson, Supervisor Secretary of State Limited Partnership Division 923 - 12th Street, Third Floor Sacramento, CA 95814 Re: Ratification of City of San Luis Obispo Charter Amendments . Dear No. Culbertson: Thank you for your letter of August 15, 1986, which outlines those documents needed.in order to ratify three Charter amendments approved at the S.L.O. Special Municipal Election held June 3, 1986. This election was consolidated with the County of San Luis Obispo in conjunction with the State's Primary election. Enclosed, in the order requested, are the additional documents in compliance with Chapter 2, Section 34464 of the Government Code: 1. Ratified Charter amendments signed by the Chairman of the governing board (Mayor) and certified by the City Clerk (Section 34464). 2. Certified copies of Arguments For and Against the Charter amendments (three Arguments in Favor of Measures "B", "C", & "D", one Argument Against Measure "B" and one Rebuttal to Argument Against Measure "B"). A certifed copy of the arguments sent to the voters is also attached. S. Copy of the proposed Charter amendments which were published in our local newspaper within 15 days from the date of calling and consoli- dating the election which also provided for rebuttal arguments to the Charter amendments. The City also provided extensive news coverage (radio, newspaper, and notices) to persons expressing an interest in the Charter amendments and others interested in election review, specifically, the League of Women Voters, Chamber of Commerce, the Downtown Business Improvement Association and other local organizations. 4. The Charter amendments were initiated by the City Council by Resolution Nos. 5901, requesting consolidation with the County and by 5897, 5898 and 5899, calling the election for the purpose of voting on Charter amendments A, B, & C. Also included is an excerpt of City Council minutes of 2-4-86, placing the amendments on the ballot. 5. Certified copies of all publications and notices required by Section 34464(a). A � ' City of San Luis Obispo Charter Amendments Page 2 6. Certified abstract of the vote at the election at which the Charter revisions were approved as required by Section 34464(c). Thank you for your review and help to ratify our Charter amendments. Please call me at (805) 549-7103 if you have any questions or need additional material. S� rely, mela Voges, CM City Clerk PV:skj Enclosures cc: R. Picquet, City Attorney s4r � C E R T I F I C A T E. I, Pamela Voges, the duly appointed and qualified acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a full, true and correct copy of: Certification of Charter Amendments (Measures "B", "C" & "D").as ratified by the electors of the City of San Luis Obispo on Tuesday, June 3, 1986. WITNESS my hand and the seal of the City of San Luis Obispo this 5th day of September—, 1986. (SEAL) CERTIFICATION OF CHARTER AMENDMENTS (MEASURES "B", "C" & "D") AS RATIFIED BY THE ELECTORS OF THE CITY OF SAN LUIS OBISPO ON TUESDAY, JUNE 3, 1986 I, Pamela Voges, City Clerk of the City of San Luis Obispo, do hereby certify that at the Special Municipal Election held in the City of San Luis Obispo, California, on the 3rd day of June, 1986, the following amendments to the San Luis Obispo City Charter were ratified by a majority of the electors of said City: CHARTER AMENDMENTS ARTICLE VII. APPOINTIVE OFFICIALS This section to be deleted in its entirety as follows: SECTION 727. Voter Approval of Annexations. Except for territory which is dedicated solely and entirely to a permanent public use, no annexation of territory to the City shall become effective until approved.by a vote of the people at a general or special election held after the final decision by the Council to annex such territory (amended June 6, 1978 - Measure G). ARTICLE III. MUNICIPAL ELECTIONS SECTION 410. Compensation. The Mayor and each Councilmember shall receive compensation for services, payable monthly, with the Mayor receiving greater compensation than the other Councilmembers. Compensation for Mayor and Councilmembers shall be reviewed biennially in even -numbered years. When warranted, said compensation may be adjusted by Council resolution, to be effective January 1st of the year following the review. The compensation rate may be revised by the electorate by initiative. Mayor and Councilmember expenses incurred for official business shall be reimbursed. ARTICLE VI. LEGISLATIVE ACTIONS SECTION 609. Violation of Ordinances. The violation of any ordinance adopted and published by the City Council shall constitute a misdemeanor unless by ordinance it is made an infraction, provided that the City Attorney may elect to prosecute any misdemeanor as an infraction. Both misdemeanors and infractions may be prosecuted or may be redressed in the manner provided by the general law of the State. O/ �b Certification of Charter Amendments Page 2 In witness whereof, we have hereunto set our hands and caused the corporate seal of said City of San Luis Obispo to be affixed hereto this 5th_ day of September, 1986. ATTEST: CITY OF SAN LUIS OBISPO OR RON DUNIN C E R T I F I C A T E. I, Pamela Voges, the duly appointed and qualified acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a full, true and correct copy of: Arguments in Favor of Measures "C", & "D"; Argument Against Measure "B"; Rebuttal to Argument Against Measure "B"; and an excerpt from oyr Sample Ballot dated Tuesday, June 3, 1986, showing arguments sent to voters. WITNESS my hand and the seal of the City of San Luis Obispo this 5th day of September , 1986. (SEAL) �i Pamela Voges, AM,ty Clerk ARGUMENT IN FAVOR OF MEASURE "B" "Charter Section 727 was adopted in June 1978, and was intended to give the voters the final approval regarding annexations. A lawsuit was filed challenging the city's authority in this field. In December 1983, the Court of Appeal of the State of California ruled against the city by finding that the state legislature had. preempted the field of law regarding annexations by enactment of the Municipal Organization Act .19 (MORGA) in 1977. MORGA places the final approval authority regarding annexations in the Local Agency Formation Commission (LAFCO), a county appointed body. "The Charter is the basic legal authority and document under which the city functions. Although Section 727 is certainly of significant historical value, it serves no purpose to carry a provision "on the books" which has been ruled unenforceable by a competent court of record. In fact, keeping Section 727 in the Charter can only lead to confusion in the future when citizens of our city; and others, use the Charter. If the law changes in the future to allow some local control over annexation matters; the voters can then enact whatever provisions may then be desirable and consistent with current law. In other words, repeal of an unenforceable section now will have no effect on our community's ability to enact valid provisions in the future. GlennaDeane Dovey Penny Rappa Mayor on Dunin ARGUMENT IN FAVOR OF MEASURE "C" Passage of Measure "C" will: 1. Clarify confusing and unclear statements in the City Charter regarding compensation for the Mayor and Councilmembers, and 2. establish a sensible procedure for periodically reviewing the compensation of the Mayor and Councilmembers. Measure "C" does not in itself increase Council pay nor does it require that pay be increased in the future. Passage of Measure "C" will do these things: A. Allow compensation reviews to be conducted by the City Council. B. Require such review to be made only in open public hearings which provide for public comment. C. Require such reviews to be held only in even -numbered years in coordination with the City's two-year budget cycle. D. Establish sufficient time between a proposed adjustment in compensation and its effective date so as to permit the electorate to alter the decision through the initiative process if desired. E. Make minor editorial changes to improve readability of the Charter section. Compensation of our Mayor and Councilmembers has not been reviewed since 1981. We urge your approval of Measure "C" so as to establish a clear procedure for periodic adjustments of Council compensation. r i �ormer Mayor -Kenneth E. Shwartz ormer "..0, Mayor Lynn . Cooper ARGUMENT IN FAVOR OF MEASURE "D" "Misdemeanors are relatively serious violations of the Municipal Code which are punishable by a fine of up to $1,000 and one (1.) year in the county jail. Examples of misdemeanor violations.are discharge of a firearm in the city limits and maintaining serious health and safety conditions in a commercial or residential building. Examples of. infraction violations are parking tickets and leash law matters. Because of the possibility of a jail sentence, misdemeanor prosecutions often result in lengthy and expensive jury trials, which are procedurally complicated and an administrative burden for all concerned. Infractions are tried by a judge alone on a much more informal basis and by law can only result in a fine (no jail time possible). Oftentimes, the circumstances behind a particular misdemeanor violation would never justify seeking a jail sentence. Yet, because of its status, the criminal justice system treats it the same as more serious offenses such as assault, theft or burglary. This is a very inefficient way in which to enforce most violations of a municipal code. If a violation could be charged as a mere infraction by the City Attorney when circumstances warrant, significant time and cost savings would be realized. In addition, citizens charged with infractions would deal with a system which is simpler and more rational and in keeping with the nature of the violation. The non -typical violation, where the facts would warrant a full misdemeanor prosecution. including possible jail sentence, could still be charged as a misdemeanor. This proposal gives greater flexibility to our city officials when carrying out their responsibilities. It will result in a more realistic and human approach to Municipal Code violations. Pass Measure "D" for a. more responsive'enforcement program. Vice -Mayor GlennaDeane W. Dovey Mayo on Dunin Councilmemb'I Penny Councilmember Allen K. Settle (A&R-5:bal-meas) ARGUMENT AGAINST MEASURE/']- Repeal EA::RE/]- Repeal of Section 72 of the City Charter LitImonl known as "Measure G") would be a mistake. The issue here is LOCAL CONTROL, and whether the state has the right to steal LOCAL CONTROL from the people of San Luis Obispo. When an overwhelming majority Vf San Lois Obispo ',voters adopted Measure G in 1978, they did so because they wanted to control land annexations to the city. With that power, the people assumed for themselves the right to decide whether to pay for extending water, sewer, police and fire service to outlying areas; whether to -put up with the increased traffic, not se' and' congestion created by a sprawling city; and whether to sacrifice scenic hillsides and open farmland for urban development. The people of San Luis Obispo spoke clearly and legitimately, but the state snatched away their victory. i.,le disagree with those who advise the city's Voter=• to roll over, and surrender to the STATE POWER GRABBERS. We view the invalidation of Measure G as a. temporary thing. Measure G has been placed on hold by an adverse court decision, but it is not forever dead. A change in state law, forced through the Legislature by citizens .:f cities large and smal 1 , by citizens FEW UP WITH STATE POWER GRABBING, could re -validate Measure G. Similarly, the evolution of courts' reason.i ng, which occurs as new judges take their seat=', Will someday result in courts more sympathetic to LOCAL CONTROL. To repeal Measure 8 is to surrender before the battle has been joined. Instead of urging surrender, our city officials should be leading the campaign to change state law. A "NO" VOTE ON tIEASUREXi WILL RETAIN THE CIT`( CHARTER PROVISION GIVING VOTERS THE RIGHT TO APPROVE OR GISAPPRiOVE FUTURE ANNEXATIONS. WE URGE YOU'TO i VOTE "NO" ON MEASURE AW Richard Schmidt5 San Luis Obispo Planning Commissioner i Jv VL Pete Evans, Board Member, Public Interest Action Center REBUTTAL TO ARGUMENT AGAINST MEASURE B This City Council, and prior Councils, have long supported, and will continue to support and work towards, legal and legislative changes which will enhance existing local authority over such issues as annexations and restore such authority where it has been removed by the state legislature and the courts. In fact, this Council placed on the ballot last November a measure, overwhelmingly adopted by the voters, which was intended to retain local citizen control over annexations. This measure, now known as Section 908 of the Charter, provides as follows: "SECTION 908. Development of Annexed Lands. Lands annexed to the City may only be developed at a time and in a manner consistent with the General Plan adopted by the City and as may be amended from time to time by the Council. (Amended November 5, 1985 -Measure "E'T' This demonstrates our commitment to local control over local affairs. Retaining an unenforceable provision in the Charter does not realistically serve the goal of retaining local control over issues such as annexation. In fact, it serves only to demonstrate an unwillingness to face current realities. If and when our efforts regarding local control are successful, the voters will then be able to enact whatever charter provisions are legally sound and appropriate. In the meantime, let's keep our Charter a living, working document and not a memorial to lost battles for just causes. Mayor iron Dunin Vice -Mayor GlennaDeane Dovey Councilme er Penny Aga County of Y-4 14idi I( Al DE 1850 11 kA LkAU,A San Luis Obispo �`f California - �: E X C E R P T 0 F e arTIP1 Ballot & Voter Information Pamphlet CONSOLIDATED PRIMARY ELECTION TUESDAY, JUNE 3, 1986 TABLE OF CONTENTS SAMPLE BALLOT AND VOTING INSTRUCTIONS • CANDIDATES' STATEMENTS • MEASURES, ANALYSES AND ARGUMENTS (if applicable to your ballot) • APPLICATION FOR ABSENT VOTER'S BALLOT THE LOCATION OF YOUR POLLING PLACE IS SHOWN ON BACK COVER F` MARK AND TAKE THIS SAMPLE BALLOT TO YOUR POLLING PLACE FULL TEXT OF MEAS6. CITY OF SAN LUIS OBISPO REPEAL OF CITY CHARTER SECTION 727 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. There is hereby called and ordered in the City of San Luis Obispo, County of San Luis Obispo, State of California, on Tuesday, June 3, 1986, a Special Municipal Election of the qualified electors of the City, to be consolidated with the State-wide Primary Election, to vote upon a measure to repeal City Charter Section 727. 2. Section 727 of the City Charter of the City of San Luis Obispo shall be amended to delete this section in its entirety as follows: "SECTION 727. Voter Approval of Annexations. 1972 —Maasure=t;!. 40.52 IMPARTi. _ AALYSIS BY CITY ATTORNEY MEASURE B The current Charter attempts to place final approval authority for annexations with the electorate. This provision was determined by an appellate court to be in conflict with state law and thus void. The proposed measure would remove this unenforceable section from the Charter for administrative and record- keeping reasons. This measure, if adopted, would have no fiscal impact on the city. s/ Roger Picquet City Attorney ARGUMENT IN FAVOR OF MEASURE B Charter Section 721 was adopted in June 1978, and was intended to give the voters the final approval regarding annexations. A lawsuit was filed chal- lenging the city's authority in this field. In December 1983, the Court of Appeal of the State of California ruled against the city by finding that the state legisla- ture had preempted the field of law regarding annexations by enactment of the Municipal Organization Act (MORGA) in 1977. MORGA places the final approval authority regarding annexations in the Local Agency Formation Commission (LAFCO), a county appointed body. The Charter is the basic legal authority and document under which the city functions. Although Section 727 is certainly of significant historical value, it serves no purpose to carry a provision "on the books" which has been ruled unenforceable by a competent court of record. In fact, keeping Section 727 in the Charter can only lead to confusion in the future when citizens of our city, and others, use the Charter. If the law changes in the future to allow some local control over annexation matters, the voters can then enact whatever provisions may then be desirable and consistent with current law. In other words, repeal of an unenforceable section now will have no effect on our community's ability to enact valid provisions in the future. s/ GlennaDeane Dovey s/ Penny Rappa s/ Ron Dunin, Mayor NO REBUTTAL TO THIS ARGUMENT WAS SUBMITTED ARGUMENT AGAINST In..,s,flE B Repeal of Section 727 of the City Charter (commonly known as "Measure G") would be a mistake. The issue here is LOCAL CONTROL, and whether the state has the right to steal LOCAL CONTROL from the people of San Luis Obispo. When an overwhelming majority of San Luis Obispo voters adopted Measure G in 1978, they did so because they wanted to control land annexations to the city. With that power, the people assumed for themselves the right to decide whether to pay for extending water, sewer, police and fire service to outlying areas', whether to put up with the increased traffic, noise and congestion created by a sprawling city', and whether to sacrifice scenic hillsides and open farmland for urban development. The people of San Luis Obispo spoke clearly and legitimately, but the state snatched away their victory. We disagree with those who advise the city's voters to roll over and surrender to the STATE POWER GRABBERS. We view the invalidation of Measure G as a temporary thing. Measure G has been placed on hold by an adverse court decision, but it is not forever dead. A change in state law, forced through the Legislature by citizens of cities large and small, by citizens FED UP WITH STATE POWER GRABBING, could re -validate Measure G. Similarly, the evolution of courts' reasoning, which occurs as new judges take their seats, will someday result in courts more sympathetic to LOCAL CONTROL. ro repeal Measure G is to surrender before the battle has been joined. Instead of urging surrender, our city officials should be leading the campaign to change state law. A "NO" VOTE ON MEASURE B WILL RETAIN THE CITY CHARTER PROVISION GIVING VOTERS THE RIGHT TO APPROVE OR DISAPPROVE FUTURE ANNEXA- TIONS. WE URGE YOU TO VOTE "NO" ON MEASURE B. s/ Richard Schmidt, Planning Commissioner San Luis Obispo s/ Pete Evans, Board Member Public Interest Action Center 40-53 REBUTL.. . ARGUMENT AGAINST MEASURE B This City Council, and prior Councils, have long supported, and will continue to support and work towards, legal and legislative changes which will enhance existing local authority over such issues as annexations and restore such authority where it has been removed by the state legislature and the courts. In fact, this Council placed on the ballot last November a measure, overwhelm- ingly adopted by the voters, which was intended to retain local citizen control over annexations. This measure, now known as Section 908 of the Charter, provides as follows: "SECTION 908. Development of Annexed Lands. Lands annexed to the City may only be developed at a time and in a manner consistent with the General Plan adopted by the City and as may be amended from time to time by the Council. (Amended November 5,1985 -Measure "E")" This demonstrates our commitment to local control over local affairs. Retaining an unenforceable provision in the Charter does not realistically serve the goal of retaining local control over issues such as annexation. In fact, it serves only to demonstrate an unwillingness to face current realities. If and when our efforts regarding local control are successful, the voters will then be able to enact whatever charter provisions are legally sound and appro- priate. In the meantime, let's keep our Charter a living, working document and not a memorial to lost battles for just causes. s/ Ron Dunin, Mayor s/ GlennaDeane Dovey, Vice Mayor s/ Penny Rappa, Councilmember FULL TEXT OF MEASU, CITY OF SAN LUIS OBISFO AMENDMENT OF CITY CHARTER SECTION 410 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. There is hereby called and ordered in the City of San Luis Opispo, County of San Luis Obispo, State of California, on Tuesday, June 3, 1986, a Special Municipal Election of the qualified electors of the City, to be consolidated with the State-wide Primary Election, to vote upon a measure to amend City Charter Section 410. 2. That Section 410 of the City Charter of the City of San Luis Obispo shall be amended to read as follows: "SECTION 410. Compensation. The Mayor and each Councilmember shall receive compensation for services, as-sdeh, payable monthly, with -Tthe Mayor she" be eampenseted receiving greater compensation than the other Coun- cilmembers. bused Compensation for Mayor and Councilmembers shall be reviewed biennially in edd even -numbered years. effee- five duly 1. When warranted, said compensation may be adjusted by Coun- cil resolution, to be effective January 1st of the year following the review The compensation rate may be revised by the electorate by initiative. The eampensefien fef the Mayor and Councilmembers expenses incurred for official business shall be reimbursed." 40-54 IMPARTI, _ , ALYSIS BY CITY ATTORNEY MEASURE C The present Charter provisions regarding Council compensation, or pay, is subject to several possible conflicting interpretations regarding the manner in which pay levels may be adjusted. The proposed measure would establish that the Mayor and Councilmembers would receive monthly pay for services and that the level or rate of compensation would be reviewed every two years. The level of pay would be subject to adjustment by the Council after conclusion of the review. Any adjustment would be effective on January 1st of the year following the review. As under the existing language, the voters may revise the compensation rate by initiative. This measure, if adopted, could have some fiscal impacts to the city depending on the levels of pay established. s/ Roger Picquet City Attorney ARGUMENT IN FAVOR OF MEASURE C Passage of Measure "C" will: 1. Clarify confusing and unclear statements in the City Charter regarding compensation for the Mayor and Councilmembers, and 2. establish a sensible procedure for periodically reviewing the compensation of the Mayor and Councilmembers. Measure "C" does not in itself increase Council pay nor does it require that pay be increased in the future. Passage of Measure "C" will do these things: A. Allow compensation reviews to be conducted by the City Council. B. Require such review to be made only in open public hearings which provide for public comment. C. Require such reviews to be held only in even -numbered years in coordina- tion with the City's two-year budget cycle. 0. Establish sufficent time between a proposed adjustment in compensation and its effective date so as to permit the electorate to alter the decision through the initiative process if desired. E. Make minor editorial changes to improve readability of the Charter section. Compensation of our Mayor and Councilmembers has not been reviewed since 1981. We urge your approval of Measure "C" so as to establish a clear pro- cedure for periodic adjustments of Council compensation. s/ Kenneth E. Shwartz, Former Mayor s/ Lynn R. Cooper, Former Mayor NO ARGUMENT AGAINST THIS MEASURE WAS SUBMITTED FULL TEXT OF MEA,_,,0 CITY OF SAN LUIS OBISPO AMENDMENT OF CITY CHARTER SECTION 609 NOW, THEREFORE, BE IT RESOLVED by the Council of San Luis Obispo as follows: 1. There is hereby called and ordered in the City of San Luis Obispo, County of San Luis Obispo, State of California, on Tuesday, June 3, 1986, a Special Municipal Election of the qualified electors of the City, to be consolidated with the State-wide Primary Election, to vote upon a measure to amend City Charter Section 609. 2. That Section 609 of the City Charter of the City of San Luis Obispo shall be amended to read as follows: IM(,,,..L ANALYSIS BY CITY CLERK MEASURE B The current Charter provision regarding violations of ordinances (city laws) states that a violation is either a misdemeanor or an infraction. Neither the existing Charter provision nor general State law provides for a misdemeanor violation to be charged, or reduced, to an infraction for situations not warranting the penalties associated with a misdemeanor conviction. The proposed measure would grant authority to the prosecutor in municipal code matters, the City Attorney, to charge any particular violation classified as a misdemeanor as an infraction. This proposed measure, if adopted, may result in some fiscal savings to the city as a result of fewer and simpler criminal prosecutions. s/ Pamela Voges, City Clerk "SECTION 609. Violation of Ordinances. The violation of any ordinance adopted and published by the City Council shall constitute a misdemeanor unless by ordinance it is made an infraction, provided that the City Attorney may elect to prosecute any misdemeanor as an infraction. Both misdemeanors and infractions may be prosecuted or may be redressed in the manner provided by the general law of the State." ARGUMENT IN FAVOR OF MEASURE D Misdemeanors are relatively serious violations of the Municipal Code which are punishable by a fine of up to $1,000 and one (1) year in the county jail. Examples of misdemeanor violations are discharge of a firearm in the.city limits and maintaining serious health and safety conditions in a commercial or resi- dential building. Examples of infraction violations are parking tickets and leash law matters. Because of the possibility of a jail sentence, misdemeanor pro- secutions often result in lengthy and expensive jury trials, which are proce- durally complicated and an administrative burden for all concerned. Infractions are tried by a judge alone on a much mon; informal basis and by law can only result in a fine (no jail time possible). Oftentimes, the circumstances behind a particular misdemeanor violation would never justify seeking a jail sentence. Yet, because of its status, the criminal justice system treats it the same as more serious offenses such as assault, theft or burglary. This is a very inefficient way in which to enforce most violations of a municipal code. If a violation could be charged as a mere infraction by the City Attorney when circumstances warrant significant time and cost savings would be realized. In addition, citizens charged with infractions would deal with a system which is simpler and more rational and in keeping with the nature of the violation. The non -typical violation, where the facts would ' warrant a full misdemeanor prosecution including possible jail sentence, could i still be charged as a misdemeanor. This proposal gives greater flexibility to our city officials when carving out their responsibilities. It will result in a more realistic and human approach to Municipal Code violations. Pass Measure "D" for a more responsive enforcement program. s/ GlennaDeane W. Dovey, Vice -Mayor s/ Penny Rappa, Councilmember s/ Allen K. Settle, Councilmember s/ Ron Dunin, Mayor NO ARGUMENT AGAINST THIS MEASURE WAS SUBMITTED 40-55 s C E R T I F I C A T E. I, Pamela Voges, the duly appointed and qualified acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a full, true and correct copy of: Affidavits of Publication of Resolution Nos. 5897, 5898, 5899 and 5901, published in the City's newspaper the Telegram -.Tribune on February 12, 1986. WITNESS my hand and the seal of the City of San Luis Obispo this 5th day of September—, 1966. (SEAL) No. City In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above -entitled matter ; I am now, and at all times embraced in the publication herein mentioned was, the principal clerl of the printers and publishers of the SAN LUIS OBISPO COUNTY TELEGRAM -TRIBUNE, a newspaper of general cir- culation, printed and published daily, Sundays excepted, at the City of San Luis Obispo in the above named county and state; that notice of which the annexed clipping is a true printed copy, was published in the above-named newspaper and not in any supplement thereof — on the following dates, to -wit: 2-12-86 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, under the provisions of Chapter i, Division 7, Title 1 of the Government Code of the State of California. I certify (or declared under penalty of perjury that the fore- going is true and correct. (Signature of Principal Clerk) Date 2-12-86 , 19 �,IIIGIiI�,��iill(IIVi�,J �I c1ty of San LUIS oBISDo RESOLUTION NO. 5897A RESOLUTION OFT E COUNCIL OFITHE CRY62F SAN LUIS OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD B�ceuen��n:Tr Ofw UESDAY JUNE 3, 1986, AND TO WHEREAS, the state courts have determined than annexa- tions of territory to cities is regulated under state statutes and that a local charter provision requiring voter approval of annexations is in conflict with state law; and WHEREAS, based on the above, this Council finds that Section 727 entitled "Voter Approval of Annexations" should be deleted from the City Charter of the city of San Luis Obispo. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. There is hereby called and ordered in the City of San Luis ay,County nto9Latpnite of tonTuesday, 3,186, Seciabis Mucipal Election of qualified electorsof the City, to be consolidated with the State-wide Primary Election; to vote upon a measure to repeal City Charter Section 727. 2. Section 727 of the City Charter of the City of San Luis Obispo shall be amended to delete this section in its entirety as follows: "SECTION 727. Voter Appioval of Annexations. Except for territory which is dedicated soler and entirely to a permanent Public use, no annexation of territory to the City shall become effective until approved. by a vote of the people at a general or special election held er the final decision by the Council to annex_ such territory June 6, 1978 — Measure 'G7 % 3. The proposition to be voted on at said Special Municipal Election shall be set forth substantially as follows: ITY VOTER APPROVAL OF ANNEXATIONSa Shall the City Charter be amended YES ❑ to repeal Section 727? NO ❑ 4. The proposition shall pass only if a majority of the votes cast by voters voting on the Charter amendment are "YES" votes. 5. The City Clerk shall certify to the passage and adoption of this Resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. On motion of Councilwoman Dovey, seconded by Council- man Settle, Counci m mben the rsloDovey�ISettle,ll call oGriffin, Rappa and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 4th day of February, 1986. /SIRON DUNIN MAYOR RON DUNIN ATTEST: /S/PAMELA VOGES CITY CLERK PAMELA VOGES Feb. 12, 1986 623183 No City In The Superior Court of The State of California In and for the County of San A RESOLUTION OF THE COUNCIL Ok THE CRY .-MF SAN LUIS OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUEDAY, JUNE 3, 1986, AND TO BE TO E HELD ON SAID DATE FOR THE PURPOSE CbGY''w" AFFIDAVIT OF pUBLICAI ON AMENDING SECTION 410 OF VOTING OF THE CITY STATE OF CALIFORNIA, i ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above -entitled matter ; I am now, and at all times embraced in the publication herein mentioned was, the principal clerk of the printers and publishers of the SAN LUIS OBISPO COUNTY TELEGRAM -TRIBUNE, a newspaper of general cir- culation, printed grid published daily, Sundays excepted, at the City of San Luis Obispo in the above named county and state; that notice of which the annexed clipping is a true printed copy, was published in the above-named newspaper and not in any supplement thereof --- on the following dates, to -wit: 2-12-86 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, under the provisions of Chapter 1, Division 7, Title 1 of the Government Code of the State of California. I certify (or declare) under penalty of perjury that the fore going is true and correct. "(Signature of Principal Clerk) Date 2-12-86 , 19 ENTITLED "COMPENSATION" CHARTER WHEREAS, Section 410 of the City Charter entitled "Compensation" has ambiguous, and inconsistent language; and WHEREAS, it is desirable to provide the Council an opportunity to review and consider on a regular basis and in a manner which is clear, efficient and consistent with other Council authority, appropriate adjustments to the level of compensation to be received by the Mayor and Councilmem- bers. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. There is hereby called and ordered in the City of San Luis Obispo, County of San Luis Obispo, State of California, on Tuesday, June 3, 1986,a Special Municipal Election of the qualified electors of the City, to be consolidated with the State-wide Primary Election, to vote upon a measure to amend City Charter Section 410. 2. That Section 410 of the City Charter of the City of San Luis Obispo shall be amended to read as follows: "SECTION 410. Compensation. The Mayor and each Councilmember shall receive compensation for services, payable monthly, with the Mayor receiving greater compensa- tion than the other Councilmembers. Compensation for Mayor and Councilmembers shall be reviewed biennially in even -numbered years. When warrant- ed, said compensation may be adjusted b Council resolution, the compensation ateymay beof trevised bylthenelectorate by initiative. Mayor and Councilmembers expenses Incurred for official business shall be reimbursed. 3. Theproposition to be voted on at said Special Municipal Election shall be set forth substantially as follows: CITY MEASURE "8" [procedures PENSATION. Shall Section 410 of the YES ❑ Charter be amended to clarify the NO ❑ for adjustments to Councilensations? 4. The proposition shall pass only if a majority of the votes cast by voters for the Charter amendment are "YES" votes. On motion of Councilwoman Dovey, seconded by Council- man Settle, and on the following roll. call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rapps and Mayor Ounin NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 4th da YY of February, 1986. /s/RON DUNIN MAYOR RON DUNIN /s/PAMELA VOGES CITY CLERK PAMELA VOGES Feb. 12, 1986 62318/ RESOLUTION NO. 5899 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CRY OF SAN LUIS OBISPO CALLING A SPECIAL ELECTION TO BE HELD IN SAID CITY NCONSOLIDATED WITH THS TATE-ESDAY JUNE WIDE PRIMARY ELECTION TO BE HELD ON SAID DATE FOR THE PURPOSE OF VOTING TO AMEND SECTION 609 OF THE CRY CHARTER ENTITLED "VIOLATION OF ORDINANCES" WHEREAS, current law does not expressly authorize a misdemeanor charge brought against a person for a violation of the Municipal Code to be reduced to an infraction; and WHEREAS, it is highly desirable to provide for as much flexibility as possible in prosecutions under the Municipal Code in order to ,resolve situations arising out of Municipal Code NOW �ITHEREFORE �EITRESOLVEDby rBefficient ereasonable the Council of San Luis Obispo as follows: 1. There is hereby called and ordered in the City of San Luis Obispo, County of San Luis Obispo, State of California, on Tuesday, June 3, 1986, a Special Election of the qualified electors of the City, to be consolidated with the State-wide Primary Election, to vote upon a measure to amend City Charter Section 609. 2. That Section 609 of the City Charter of the City of San Luis Obispo shall be amended to read as follows: olation o anyso ordinance ce ad ptedION" 609. oand published lation of t bthe City Cotuncil shall constitute a•misdemeanor unless by ordinance it is made an infraction, provided that the City Attorney may elect to prosecute any misdemeanor as an Infraction. Both misde- meanors and infractions may be prosecuted or may be redressed in the manner provided by the general law of the State." 3. The proposition to be voted on at said Special Municipal Election shall be set forth substantially as follows: CRY MEASURE "C" VIOLATION OF ORDINANCES. Shall the City Charter YES ❑ be amended to allow the City Attorney to NO ❑ to prosecute misdemeanors as infractions? 4. The proposition shall pass only If a majority of the votes cast by voters for the Charter amendment are "YES" votes. On motion of Councilwoman Dovey, seconded by Council- man Settle, and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin. NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 4th day of February 1986. /s/RON DUNIN MAYOR RON DUNIN /s/PAMELA VOGES CITY CLERK PAMELA VOGES Feb. 12, 1986 623195 • In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION State of California I certify !or declare'. under perialty of perjury that the fore- going fs true and correct. (8ignature"of Principal Clerk) 2-12.-86 Date 19 RESLOUTION NO. 5900 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE NO. HELD IN SAID CITY OF TUESDAY JUNE 3, 1986, AND TO BE CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION THA F UPON PROPOSED ORDNANCE WHICH WOULD OW i t v ONSHORE SUPPORT FACILITIES FOR OFFSHORE OIL AND GAS DEVELOPMENT ONLY WITH VOTER APPROVAL WHEREAS, the Charter of the City of San Luis Obispo and state law provide for the City Council to place ordinances before the voters for consideration; and WHEREAS, this Council has determined that the establish - STATE OF CALIFORNIA, ) ment of onshore support facilities for offshore oil and gas 1 development is a matter of grave concern to the people of ss. this community; and County of San Luis Obispo ` WHEREAS, the voters of this city should have the final authority to establish any zoning districts to allow such onshore support facilities. Council am I citizen r of the United States and a resident of the NOW, THEREFORE, BE IT RESOLVED by the of San Luis Obispo as follows: 1. There is hereby called and ordered in the City of San County Luis Obispo, County of San Luis Obispo, State of California, Tuesday, June 3, 1986, Speeial Election of the aforesaid; I am over the aae of eighteen and not on a qualified electors of the City, to be consolidated with the Statewide „atter Primary Election, to vote upon an ordinance to amend the interested in the above -entitled zo ning regulations of the City of San Luis Obispo. 2. That the ordinance to be considered shall be as follows: "BE IT ORDAINED by the People of the City of San Luis Obispo as follows: I am now, and at all times embraced SECTION 1. Chapter 17.92 is added to the Zoning Regulations of the City of San Luis Obispo. "17.92.010 Onshore Support Facilities, Findings. A. There is a strong likelihood that serious adverse effects in the publication herein mentioned was, the principal clerk P P P will result from onshore processing, storage, or related service facilities supporting offshore oil and gas development of the printers and publishers of the SAN LUIS OBISPO authorized by the federal and state governments. B. Such facilities would threaten the community's vital economy and environmental quality. '17.92.020 Onshore Support Facilities Prohibited. COUNTY TELEGRAM•TRIBUNE, a newspaper of general cir- No onshore support facility for offshore oil or gas development shall be allowed or permitted within the City of San Luis Obispo until such time that the City Council culation, printed and published daily, Sundays excepted, at proposes the inclusion of such uses in an appropriate zone district or districts, and such proposal has been approved by a vote of the people of the City of San Luis Obispo. For the this term "onshore support facility" pruposthe ornland Obispo i City of Sar: Luis p in the above named county and use required support directly means y activity u means any Aon, dy eland the exploration, development, production, storage, process- , ing, transportation, or related aspects of offshore energy state; that + : n o . c e resource extraction.' I SECTION 2. The provisions of this ordinance are separable and the, invalidity of any phrase, clause or part of thi ordinance shall not affect the validity or effectiveness of the remainder of the ordinance. SECTION 3. This ordinance shall go into effect in the time and manner provided for by state law. 3. The proposition to be voted on at said Special Municipal Election shall be set forth substantially as follows: CITY MEASURE "D" of which the annexed clipping is a true printed copy, was "ONSHORE SUPPORT FACILITIES. Shall the YES ❑ published in the above-named newspaper and riot in any San Luis Obispo Municipal Code be amended NO D supplement thereof -- on the following dates, to -wit: to allow onshore support facilities for offshore gas and oil development only with voter approval?" 2-12-86 4. The proposition shall pass only if a majority of the votes cast by voters for the proposed ordinance are "YES" votes. On motion of Councilwoman Dovey, seconded by Council- man Settle, and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin that said newspaper vas duly and regularly ascertained and y g y NOES: None established a newspaper of general circulation by Decree The Eo ego ng Resolution was passed and adopted this 4th day of February, 1986. entered in the Superior Court of San Luis Obispo County, ON MAYOR RONI DUNIN State of California, on June 9, 1952, under the provisions of CITY LERK AMELA PAMELA VOGES Chapter 1, Division 7, Title 1 of the Government Code of the Feb..12. 1986 623187 State of California I certify !or declare'. under perialty of perjury that the fore- going fs true and correct. (8ignature"of Principal Clerk) 2-12.-86 Date 19 In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION RESOLUTION NO. 5901 (1986 Series) No. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE SPECIAL j t;; MUNICIPAL ELECTION OF TUESDAY, JUNE 3, 1986, WITH THE STATE-WIDE PRIMARY ELECTION TO BE HELD ON SAID DATE FOR THE PURPOSE OF VOTING ON THE ADOPTION OF FOUR PROPOSITIONS WHEREAS, the City Council of the City of San Luis Obis o has adapted Resolution Nos. 5897, 5898, 5899, and 580 STATE OF CALIFORNIA, j (1986 Series) (copies attached and incorporated by reference f herein) calling a special election to be held on June 3 1986, i ss. for the purpose of voting on propositions as described herein; County of San Luis Obispo 1 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Board of Supervisors of the County of San Luis Obispo is hereby requested to order the consolidation of I am a citizen of the United States and a resident of the the Special Municipal Election with the State-wide Primary Election to be held on Tuesday, June 3, 1986, and said Board of Supervisors is authorized hereby to canvass the County aforesaid; I arh over the age of eighteen and not returns of the election hereby called and the election shall be held in all respects as if there were only one election and one form of ballot, namely the ballot used at such primary election interested in the above entitled shall be used. The precincts, polling places and officers of ratter election for the Special Municipal Election hereby called shall be the same as those provided for said State-wide Primary Election and as set forth in Section 23312 of the Election I am now, and at all times embraced Code. Said Board of Supervisors shall certify the results of the canvass of the returns of such Special Municipal Election to the Council of the City of San Luis Obispo, which shall in the publication herein mentioned was, the principal clerk thereupon declare the results thereof. SECTION 2. The Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all of the printers and publishers of the SAN LUIS OBISPO steps necessary for the holding of said Special Municipal Election. The City will pay its pro rata share of extra costs incurred by the County in consolidating the elections pursuant COUNTY TELEGRAM -TRIBUNE, a newspaper of general Cir- to Section 51350 of the Election Code. SECTION 3. The propositions to be voted on at said Special Municipal Election shall be set forth on Exhibit "A" attached hereto and incorporated herein by reference. cufation, printed and published daily, Sundays excepted, at SECTION 4. The City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisoyyrs, the County Clerk and the Registrar of Voters of the Citi- of Sat; Luis Obispo in the above named County and thsEC7tONo5SPursuanOtbt Obispo. 4015.5 and 5014.5 of the Elections Code, rebuttal arguments will be permitted, and s notice shall be filed with the City Clerk not more than 10 days after tate; that the final date for filing direct arguments. SECTION 6: The City Clerk shall certify to the passage and adoption of this resolution. On motion of Councilwoman Dovey, seconded by Council- man Settle, and on the following roll call vote: AYES: Councilmemebers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT:None The foregoing Resolution was passed and adopted this 4th of which the annexed clipping is a true printed copy, was day of February 1986. sIRON DUNIN published in the above-named newspaper and not in any MAYOR RON DUNIN ATTEST: supplement thereof --- on the following dates, to -wit: s1PAMELA VOLES CITY CLERK PAMELA VOGES TO BE REPEALED: 2-12-86 CITY MEASURE "A" "VOTER APPROVAL OF ANNEXATIONS. Shall the City YES ❑ Charter be amended to repeal Section 727?" NO ❑ TO BE AMENDED: that said newspaper was duly and regularly ascertained and CITY MEASURE "B" COMPENSATION. Shall Section 410 of the City YES ❑ established a newspaper of general circulation by Decree Charter be amended to clarify the proce- NO ❑ dures for adjustments to Council compensation?" entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, under the provisions of TO BE AMENDED: Chapter 1, Division. 7, Title 1 of the Government Code of the CITY MEASURE "C" State of California. VIOLATION OF ORDINANCES. Shall the City Charter YES ❑ be amended to allow the City Attorney to prosecute NO ❑ I certify (or declare) under penalty of perjury that the fore misdemeanors as infractions?" TO BE ADDED going is true and correct. CITY MEASURE "D" "ONSHORE SUPPORT FACILITIES. Shall the San YES ❑ Luis Obispo Municipal Code be amended to allow NO 0 (Signature of Principal Clerk) onshore support facilities for offshore gas and oil development only with voter approval. Date 2-12-86 19 Feb. 12, 1986 dv23188 C E R T I F I C A T E I, Pamela Voges, the duly appointed and qualified acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a full, true and correct copy of: Resolution No. 5901 (1986 Series), requesting consolidation and Resolution Nos. 5897,5898, & 5899 calling the election for the purpose of voting on Charter amendments A, B, & C. (Res. No. 5900 is not a Charter amendment rather it amends the Municipal Code); and an excerpt of City Council minutes of 2-4-86, placing them on the WITNESS my hand and the seal of the City of San Luis Obispo this 5th ballot. day of November , .1986. (SEAL) RESOLUTION NO. 5901 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE SPECIAL MUNICIPAL ELECTION ON TUESDAY, JUNE 3, 1986, WITH THE STATE-WIDE PRIMARY ELECTION TO BE HELD ON SAID DATE FOR THE PURPOSE OF VOTING ON THE ADOPTION OF FOUR PROPOSITIONS WHEREAS, the City Council of the City of San Luis Obispo has adopted Resolution Nos. 5897, 5898, 5899, and 5900 (1986 Series) (copies attached and incorporated by reference herein) calling a special election to be held on June 3, 1986, for the purpose of voting on propositions as described herein; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Board of Supervisors'of the County of San Luis Obispo Is hereby requested to order the consolidation of the Special Municipal Election with the State-wide Primary Election to be held on Tuesday, June 3, 1986, and said Board of Supervisors is authorized hereby to canvass the returns -of the election hereby called and the election shall be held in all respects as if there were only one election and one form of ballot, namely the ballot used at such primary election•shall be used. The precincts, polling places and officers of election for the Special Municipal Election hereby called shall be the same as those provided for said State-wide Primary Election and as set forth in Section 23312 of the Elections Code. Said Board of Supervisors shall certify the results of the canvass of the returns of such Special Municipal Election to the Council of the City of Sari Luis Obispo, which shall thereupon declare the results thereof. SECTION 2'. The Board of Supervisors is hereby requested to issue Resolution No. 5901 (1986 Series) Page 2 instructions to the County Clerk to take any and all steps necessary for the holding of said Special Municipal Election. The City will pay its pro rata share of extra costs incurred by the County in consolidating the elections pursuant to Section 51350 of the Elections Code. SECTION 3. The propositions to be voted on at said Special Municipal Election shall be as set forth on Exhibit "A" attached hereto and incorporated herein by reference. SECTION 4. The City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San Luis Obispo. SECTION 5. Pursuant to Sections 4015.5 and 5014.5 of the Elections Code, rebuttal arguments will be permitted, and shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. SECTION 6.. The City Clerk shall certify to the passage and adoption of this resolution. On motion of Councilwoman Dovey, seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 4th day of February 1986. 'MAY RON DUNIN ATTEST: I certify that the !_: e-oing is a full, true and Gar. oct root 01a Resolution pasty-,- b' tine QifjMo ncil of the City of San Luis CIT CLERK PAMEL V ES Obispo, California, on FEB ° '88 ) f Pamela Voges City. Clerk TO BE REPEALED: CITY MEASURE "A" "VOTER APPROVAL OF ANNEXATIONS. Shall the City Charter be amended to repeal Section 727?" TO BE AMENDED: EXHIBIT "A" YES D NO Q CITY MEASURE "B" "COMPENSATION. Shall Section 410 of the City YES Q Charter be amended to clarify the procedures NO Q for adjustments to Council compensation?" TO BE AMENDED: CITY MEASURE "C" "VIOLATION OF ORDINANCES. Shall the City Charter YES Q be amended to allow the City Attorney to prosecute NO Q misdemeanors as infractions?" TO BE ADDED: CITY MEASURE "D" "ONSHORE SUPPORT FACILITIES. Shall the San YES Q Luis Obispo Municipal Code be amended to allow NO Q onshore support facilities for offshore gas and oil development only with voter approval?" RESOLUTION NO. 5897 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY JUNE 3, 1986, AND TO BE CONSOLIDATED WITH THE STATE-WIDE PRIMARY ELECTION TO BE HELD ON SAID DATE FOR THE PURPOSE OF VOTING UPON A PROPOSED CHARTER AMENDMENT WHICH WOULD DELETE SECTION 727 ENTITLED "VOTER APPROVAL OF ANNEXATIONS" WHEREAS, the state courts have determined that annexations of territory to cities is regulated under state statutes and that a local charter provision reguiring voter approval of annexations is in conflict with state law; and WHEREAS, based on the above, this Council finds that Section 727 entitled "Voter Approval of.Annexations" should be deleted from the City Charter of the City of San Luis Obispo.. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. There is hereby called and ordered in the City of San Luis Obispo, County of San Luis Obispo, State of California, on Tuesday, June 3, 1986, a Special Municipal Election of the qualified electors of the City, to be consolidated with the State-wide Primary Election, to vote upon a measure to repeal City Charter Section 727. 2. Section 727 of the City Charter of.the City of San Luis Obispo shall be amended to delete this section in its entirety as follows: "SECTION 727. Voter Approval of Annexations. Except for territory which is dedicated solely and entirely to a permanent public use, no annexation of territory to the City shall become effective until approved by a vote of the people at a general or special election held after the final decision by the Council to annex such territory (amended June 6, 1978 - Measure 'G')". .R 5897 Resolution No. 5897 (1986 Series) Page 2 3. The proposition to be voted on at said Special Municipal Election shall be set forth substantially as follows: CITY MEASURE "A" VOTER APPROVAL OF ANNEXATIONS. Shall the City YES C] Charter be amended to repeal Section 727? NO = 4. The proposition shall pass only if a majority of the votes cast by voters voting on the Charter amendment are "YES" votes. 5. The City Clerk shall certify to the passage and adoption of this Resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. On motion of Councilwoman Dove g seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 4th day of February, 1986. ATT ST: CI Y CLERK P L VOGES s Ap ro d: Cffit+r City torney e w MAYO RON DUNIN s s s ty Clerk I certify'that the foregoing is a full, true and toft@gj @gol ®f a Resolution passeu by the City Council of the City of 811 Lull Obispo, California, on��o a aa'1 Pamela Voges City Cleric RESOLUTION NO. 5898 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 3, 1986, AND TO BE CONSOLIDATED WITH THE STATE-WIDE PRIMARY ELECTION TO BE HELD ON SAID DATE FOR THE PURPOSE OF VOTING ON AMENDING SECTION 410 OF THE CITY CHARTER ENTITLED "COMPENSATION" WHEREAS, Section 410 of the City Charter entitled "Compensation" has ambiguous, and inconsistent language; and WHEREAS, it is desirable to provide the Council an opportunity to review and consider on a regular basis and in a manner which is clear, efficient and consistent with other Council authority, appropriate adjustments to the level of compensation to be received by the Mayor and Councilmembers. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. There is hereby called and ordered in the City of San Luis Obispo, County of San Luis Obispo, State of California, on Tuesday, June 3, 1986, a Special Municipal Election of the qualified electors of the City, to be consolidated with the State-wide Primary Election, to vote upon a measure to amend City Charter Section 410. 2. That Section 410 of the City Charter of the City of San Luis Obispo shall be amended to read as follows: "SECTION 410. Compensation. The Mayor and each Councilmember shall receive compensation for services, �� dVtV, payable monthly, with Ythe Mayor i9dif 94 receiving greater compensationj(�( 9qr( tpl;ft df than the other Councilmembers. R 5898 Y Resolution No. 5898 (1986 Series) Page 2 W hibilli h 14hukkb tbi bHWa bbb1644b 0"I 15,E iFhi"UhAhl Compensation for Mayor and Councilmembers shall be reviewed AAA h6AA hAJJA JAA1,, 6A46R6A biennially in Ebb even -numbered years. AHAW" JUJ R When warranted, said compensa- tion may be adjusted by Council resolution to be effective January 1st of the year following the review. The compensation rate may be revised by the electorate by initiative 190 000000�OYJOO foe Y00 Mayor and Councilmembero 0$011 x`¢0$10 WU00 Vi 00 0100 490 00 H000009000 0i 10WOW0 of HW000401 expenses incurred for official business shall be reimbursed." 3. The proposition to.be voted on at said Special Municipal Election shall be set forth substantially as follows: CITY MEASURE "B" COMPENSATION. Shall Section 410 of YESr__1 the City Charter be amended to clarify NO 0 the procedures for adjustments to Council compensation? 4. The proposition shall pass only if a majority of thevotes cast by voters for the Charter amendment are "YES" votes. On motion of Councilwoman Dovey, seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None Resolution No. 5898 (1986 Series) Page 3 The foregoing Resolution was passed and adopted this 4th day of February , 1986. ATTEST: —L CI CLERK PAMELA OGES Appro City Administra ive 0 fic r City At,6tney City Clerk I Y R RON DUNIN I certify that the foregoing is a full, true and correct copy of a Resolution passed by the City Coun of the City of San Luis Obispo, California, on FEe a es r� meta Voges v Clerk RESOLUTION NO. 5899 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 3, 1986, AND TO BE CONSOLIDATED WITH THE STATE-WIDE PRIMARY ELECTION TO BE HELD ON SAID DATE FOR THE PURPOSE OF VOTING TO AMEND SECTION 609 OF THE CITY CHARTER ENTITLED "VIOLATION OF ORDINANCES" WHEREAS, current law does not expressly authorize a misdemeanor charge brought against a person for a violation of the Municipal Code to be reduced to an infraction; and WHEREAS, it is highly desirable to provide for as much flexibility as possible in prosecutions under the Municipal Code In order to resolve situations arising out of Municipal Code violations in a fair, efficient and reasonable manner. NOW, THEREFORE, BE IT RESOLVED by the Council of San Luis Obispo as follows: 1. There is hereby called and ordered in the City of San Luis Obispo, County of*San Luis Obispo, State of California, on Tuesday, June 3, 1986, a Special Municipal Election of the qualified electors of the City, to be consolidated with the State-wide Primary Election, to vote upon a measure to amend City Charter Section 609. 2. That Section 609 of the City Charter of the City of San Luis Obispo shall be amended to read as follows: "SECTION 609. Violation of Ordinances. The violation of any ordinance adopted and published by the City Council shall constitute a misdemeanor unless by ordinance it is made an infraction, provided that the City Attorney may elect to prosecute any misdemeanor as an infraction Both R 5899 Resolution No. 5899 (1986 Series) Page 2 misdemeanors and infractions may be prosecuted or may be redressed in the manner provided by the general law of the State." 3. The proposition to be voted on at said Special Municipal Election shall be set forth substantially as follows: CITY MEASURE "C" VIOLATION OF ORDINANCES. Shall the City YES 0 Charter be amended to allow the City Attorney to prosecute misdemeanors NO 0 as infractions? 4. The proposition shall pass only if a majority of the votes cast by voters for the Charter amendment are "YES" votes. On motion of Councilwoman Dovey, seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 4th day of February 1986. d-- MA RON DUNIN 1 certify that the foregoing is a full, true and correct copy of a Resolution passed by the City Council of the City of San Luis Obispo, California, on FEB 4 s. " 1 Pamela Voges City Clerk `� RESOLUTION N0. 5900 ( 1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS /y�/tlf /• /_� 11 % ' OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY JUNE 3. 1986, AND TO BE CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON SAID DATE FOR THE PURPOSE OF VOTING UPON A PROPOSED ORDINANCE WHICH WOULD ALLOW ONSHORE SUPPORT FACILITIES FOR OFFSHORE OIL AND GAS DEVELOPMENT ONLY WITH VOTER APPROVAL WHEREAS, the Charter of the City of San Luis Obispo and state law provide for the City Council to place ordinances before the voters for consideration; and WHEREAS, this Council has determined that the establishment of onshore support facilities for offshore oil and gas development is a matter of grave concern to the people of this community; and WHEREAS, the voters of this city should have the final authority to establish any zoning districts to allow such onshore support facilities. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as'follows: 1. There is hereby called and ordered in the City of San Luis Obispo, State of California, on Tuesday,. June 3, 1986, a Special Municipal Election of the qualified electors of the city, to be consolidated with the Statewide Primary Election, to vote upon an ordinance to amend the zoning regulations of the City of San Luis Obispo. 2. That the ordinance to be considered shall be as follows: "BE IT ORDAINED by the People of the City of San Luis Obispo as follows: SECTION 1. Chapter 17.92 is added to the Zoning Regulations of the City of San Luis Obispo. R 5900 h:-soiucion No. 5900 Series) Page 2 "17.92.010 Onshore Support Facilities, Findings. A. There is'a strong likelihood that serious adverse effects will result from onshore processing, storage, or related service facilities supporting offshore oil and gas development authorized by the federal and state governments. B. Such facilities would threaten the community's vital economy and environmental quality. "17.92.020 Onshore Support Facilities Prohibited. No onshore support facility for offshore oil or gas development shall be allowed or permitted within the City of San Luis Obispo until such time that the City Council proposes the inclusion of such uses in an appropriate zone district or districts, and such proposal has been approved by a vote of the people of the City of San Luis Obispo. For the purpose of this ordinance, the term "onshore support facility" means any activity or land use required to support directly the exploration, development, production, storage, processing, transportation, or related aspects of offshore energy resource extraction." SECTION 2. The provisions of this ordinance are separable, and the invalidity of any phrase, clause or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance. SECTION 3. This ordinance shall go into effect in the time and manner provided for by state law. 3. The proposition to be voted on at said Special Municipal Election Ru solution No. 5900 (1-76b Series) �Page 3 shall be set forth substantially as follows: CITY MEASURE "D" "ONSHORE SUPPORT FACILITIES. Shall the YES San Luis Obispo Municipal Code be amended NO to allow onshore support facilities for offshore gas and oil development only with voter approval?" 4. The proposition shall pass only if a majority of the votes cast by voters for the proposed ordinance are "YES" votes. On motion of Councilwoman Dovey , seconded by Councilman Settle , and.on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin,_Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of February , 1986. M7 RON DUNIN ATTE$4r� CITE( CLERK PAMELA ,AOGES APPROVED: , A— - �; rJ A City Administrativ�f icer Ci .Clerk Pamel oges —� City Attq$ney E X C E R P T CITY COUNCIL MINUTES - TUESDAY.' 4, 1986 - 7:00 P.M. PAGE 6 After brief discussion, moved by ve Settle (5-0), to adopt Resolution_ No. 5896 (1986 Series), denying t* appeal modifying the decision and order of the Mobilehome Rent Reviep Board dated 10/3/85 as recommended. 8. BALLOT MEASURES (SETTLE/DOVEY/324 - 20 min.) Council considered three Charter amendments and one proposition to be placed on the June 3, 1986, State-wide Primary Election. The three Charter amendments concern a) removal of Measure G. "Annexations"; b) clarifying Council compensation requirements; and c) prosecution of violation of ordinances. the proposition relates to onshore oil facilities. Mayor Dunin asked for public comment. Walter Shroeder, 1722 Conejo Avenue, urged against adoption of the proposition relating to onshore oil facilities at least until sufficient public hearing had been held concerning this subject. Giselle Naylor, 1720 Johnson Avenue, was concerned that the Council not place Measure C relating to prosecution of violation of ordinanceson the ballot as she felt this would not allow the public to ask for a jury trial under misdemeanor violations which she felt would be a denial of the public right for free counsel. After brief discussion, moved by Dovey/Settle (5-0), to adopt Resolution Nos. 5897, 5898, 5899 (1986 Series), as recommended and Resolution No. 5900 (1986 Series) as amended per Councilman's Griffin's comments on Measure D, approving ballot measures A, B, C, D and calling election for the June 3, 1986, State-wide Primary Election; Resolution No. 5901 (1986 Series), requesting the Board of Supervisors consolidate the Special Municipal Election with the State-wide Primary Election. C-1 Council to give comments to CAO on d concerning Madonna General Plan amen to be approved at Council meeting ofi C-2 NORTH COASTAL TRANSIT Councilman Griffin reported on recent Transit Board to transfer administral County of San Luis Obispo (5-0). C-3 ADVISORY BODY TESTIMONY Council considered a letter received) commissioner comments during Council Councilman Griffin to work with staff Council policy. Draft to be approve) aft letter regarding. City referral went on Los Osos Valley Road. Letter February 11, 1986 (5-0). action taken by North Coastal r and treasurer duties of NCT to the from PIAC concerning individual hearing process. on response to PIAC to clarify by Council (5-0). 10:25 p.m. Mayor Dunin adjourned themeeting to closed session to discuss pending litigation with their attorn y under Govt. Code Section 54956.9 for the following matters: 1) Hamil vs. City (SLOSC #160842); 2) Groves vs. City (SLOSC #60345); 3) Rey vs. ity.(SLOSC #`60612); 4) Preferred Comm vs. LA (USSC); 5) in regard to P.G.& . application before NRC on radioactive wastes storage; and under Govt. Code Section 54956.8 to give instructions to Council's negotiators regarding the sale of City property on Emily Street (old Corp. Yard) and the purchase of property on Orcutt Road adjacent to the Railroad right-of-way with Don Hubbard & Don Stickler. There being no further business to come before the City Council, Mayor Dunin adjournedt eeting at 11:30 p.m. to Tuesday, February 11, 1986, at 7:00 p.m. t disc ss Housing Authority and City Attorney mid -year review. _ / A Pa*ela Voges, City Clerk APPROVED BY COUNCIL: 4-15-86 0 C E R T I F I C A T E. I, Pamela Voges, the duly appointed and qualified acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a full, true and correct. copy of: Notice of Election for Special Municipal Election, Tuesday, June 3, 1986, published twice (2-7-86 & 2-10-86); City of San Luis Obispo City Council Meeting Agenda Notice for 2-4-86, published on 2-3-86 (includes Ballot Measures, #8); Newspaper article published 2-5-86 entitled, "SLO council pay issue among four June ballot measures. WITNESS my hand and the seal of the City of San Luis Obispo this 5th day of September , 1986. (SEAL) -7—Pithela Voges, City Clerk PUBLISHED IN THE TELEGRAM -TRIBUNE TWICE ON: 2-7-86 and 2-10-86 I������,�,H��nllipn►��►I�lll city ®f San US OBISPO NOTICE OF ELECTION SPECIAL MUNICIPAL ELECTION TUESDAY® JUNE 3, 1986 Notica is hereby given that a Special Municipal Election will be hold In the City of San Lula Obispo on Tuesday the 3rd day o} June 1986. This election will be can. solidated with the State-wide Primary Election and Includes the following measures: I CITY MEASURE "A" VOTER APPROVAL OF ANNEXATIONS. Shall the City Charter be amended to repeal Section 727? CITY MEASURE "8 - COMPENSATION. Shall Section 410 of the City Charter ba amended to clarify the procedures for adjustments to Council compensation? CITY MEASURE "C" VIOLATION OF ORDINANCES. Shall the City Charter be amended to allow the City Attorney to prosecute misdemeanors as infractions? CITY MEASURE "D" ONSHORE SUPPORT FACILITIES. Shall the Son Lula Obispo Municipal Code be amended to allow onshore support facilities for offshore gas and oil development on- ly with voter approval? Copies of the full measures are available in the City Clark's Office. Anyone wishing to submit an argument for or 990 against any measures on told elec- tion must submit the argument by 5:00 p.m., Tuesday, February 18, 1986, to the City Clerk at City Holl, Palm Street. Son Luis Obispo. No argument for or against any measures may exceod 900 words. All arguments must be signed by the Individual submitting the arguments, if an organization, then the name of the organization and the name of one of Its principal officers must be listed. No more than five signatures may be submitted (E.C. 5019, 5014). Each orgu. meet must be accompanied by a statement of the author, regardln�aurhorship of the argument. Any person(s) filling on arguinent In fovor/apposition of o city measure may prepare and submit a rebuttal argument not exceeding 250 words. The last day to file rebuttal arguments is 5:00 p.m., Friday. February 28. 1986 (E.C. 5011.5). For additional information and Instruction forms, ploase call 549.7100. Pamela Voges, City Clerk PUBLISHED IN THE TELEGRAM -TRIBUNE ON MONDAY, 2-3-86 �111111i11�1������li!►�P{IVlliu'I�IIII city of San tui S OBI SPO CITY COUNCIL MEETING The San Luis Obispo City Council will most tomorrow evening at City Hall, 990 Palm Street, beginning at 7 p.m. This Is the agenda. Citizens are Invited to attend and may comment on most Items. A packet of staff reports and other Infor- mation on agenda Items is available for review at the City Clerk's Office and at the public library at Palm and Morro streets. You can listen to the meeting on radio station KCRP, 91.5 FM, courtesy of the Cal Poly station. CONSENT ITEMS These are relatively routine Items to be acted upon as a unit, without comment, and as recom- mended by the city administrator, except for Items that councllmembers ask to discuss separately. If a councilmember wants to discuss an item. it will be considered at the end of the meeting. Notable consent Items: C6. PROPERTY SEIZURE RIGHTS: considera- tion of approving an Assignment of Rights agreement between the City and County to allow the Narcotics Task Force to use funds created as a result of confiscation of drugs and other related narcotic seizures. C7 -C8. FINAL SUBDIVISION APPROVALS: consideration of granting final map approval for Tract 1229 (Unit 1), a 28 -unit residential air -space condominium complex at 3985 Hollyhock Way and approving final acceptance of Tract 1182, an 86 -lot residential subdivision at 800 Patricia Drive. C9. GRANT APPLICATIONS: consideration of authorizing a grant application for Federal land and Water Conservation Funds ($60,000) for the develop- ment of Laguna Lake Park. C10. AUCTIONS consideration of declaring certain city personal property surplus and providing for its auction. CIL LEASE AGREEMENTS consideration of o lease agreement to provide rental of office space for the Human Relations Commission Office at 864 Osos Street for two-year period ($6,480 annually). PUBLIC HEARINGS Hearings are specifically to let citizens com- ment on proposals before the council. Each hear - Ing will be heard In the order shown on the agen- da (approximate time for each hearing Is shown In parenthesis). 1. FRATERNITY APPEALS to consider upholding an appeal of the Planning Commission to revoke Use Per- mit No. U0852 -A (Alpha Upsilon Fraternity) and amen- ding the use permit to allow a fraternity house at 1334 Palm Street; permit to expire 6-30-86 (continued from 1-21-86) (l 0 min.) r!XC14 ,111 FEBRUAR 4, 1986 r 2. REZONING: to consider a Planning Commis- sion recommendation to amend the zone map to change the designation of approximately 2.34 acres from service-commercial/light (C -S) to service- commercial/light industrial -special considerations (C -S -S) at 55 and 65 Higuera Street (15 min.) 3. PROPOSED SUBDIVISION: to consider a Plan- ning Commission recommendation to grant tentative map approval for Tract 1260 (Mission Villa), crating an 18 -unit residential air -space condominium at 795 Nipomo Street and set public hearing to abandon a portion of Nipomo Street right-of-way at Stenner Creek crossing (30 min.) 4. APPEAL — MEDICAL CENTERS to consider an appeal of a decision by the Community Development Director to require a focused environmental impact report addressing traffic. and circulation for a propos• ed medical center located at 862 Meinecke near Rougeot Place (30 min.) 5. SUBDIVISION REGULATIONS: to consider a Planning Commission recommendation to amend the Subdivision Regulations to establish requirements for processing "vesting tentative maps" for residential subdivisions. A vesting tentative map, when approv- ed, would grant the right to complete the subdivision process and proceed with development of the sub- divided property in accordance with City ordinances and policies in effect when the subdivision application was completed (20 min.) 6. MID -YEAR FINANCIAL REPORT: to consider acceptance of six month mid -year financial report and appropriate mid -year budget adjustments (15 min.) OTHER BUSINESS 7. CHUMASH APPEAL: consideration of a resolu- tion denying appeal from ChumashVillage in- vestments of a decision of the Mobilehome Rent Review Board. This action effectively denies the re- quest for a rent increase and approves supplemental findings to those made by the Mobilehome Rent Review Board. -7- 8. 8. BALLOT MEASURES: consideration of three Charter amendments and one proposition to be plac- ed on the June 3, 1986, State-wide Primary Election. The three Charter amendments concern a) removal of Measure G. "Annexations b) clarifying Council com- pensation requirements: and c) prosecution for viola- tion of ordinances. The proposition relates to exclus- ing on -shore support facilities in the City of San Luis Obispo for off -shore drilling. COMMUNICATIONS This part of the agenda Is to let coun- cilmembers discuss, with each other and the public. communications they have received. Discussion on each Is limited to five i6inutes. Pamela Voges, City Clerk ARTICLE PUBLISHED IN TELEGRAM -TRIBUNE, WRITTEN BY PATRICK O'SULLIVAN, ON 2-5-86 yQovq -6-2, vYv v � O C r y L � �- � O O q C n o a^ A� 'Y� ■06� S. it s 6� A O R 83 A � V Y 5 0 w C �$m 9`ouv�vu Y.yu F? Ei Y 6 Y g 0 p n Y 4�6�6 o m o o w■ m Y ` - 'n°i5 Ro �a o e.. � e ■ n � � 6 t s m w -� 6 •$ � � v m9t ' �5 —�e 'o ev e o 8 //��y �� ♦y =ass* m= u m'�g•�.J"0J'�l��e t3 W NIS^':sa -Is- ' y: ecro ae w °e- �'•9 in �w3F.��m56 a� 0-n- �9��•�:'��`eo�moa53�6s es e'wZo.o.5se eEa+ni�oC as g3 av o Y P 5 A 2_ =ae" GY- S"'O ■ � Y � m5 � " v E g o nc' e.e ■ E" cn _ro YoEs tee"='EoT 9aSYe■n eoS'o u5 Yr ame..0 o.>v m'e5� i e .`5+ s sus.. ■ B p Y a ■Qui, e'o o"E �: 2L r � u^ < �t� ea.J >m>= >>.. m• 5`m Y " c y_^_wa a`o � Y C ;5�ua�j5o ■Ye��m �y atsa 3�n5vgep:�oo505 m'Y_v 6n =m5s■m oe a �_<5 Q'��u=■ ±av oo� �c$oe a LS 2 vEew�'u `e wE3ga X55 �; ov�c�o _�.i. a'>"� •o.:�" nam�E ya�nvSE$9xt"•_oso:3.m 0_`ev no r em oouc m�`amY. ,•.. �mv',L 5e ar"2�o9r, 5�s5 s9 ��"mcm. easo �• 0$ 5 $5 �1 Y�vo�.'s'�5 vas �v0 a' y8�e vY Lm OJQQ° v -YE Y>`aunm9?$�rF Ya 2Z`m�e i6 �' sfi`o L� "5-weo 9 M C E R T I F I C A T E. I, Pamela Voges, the duly appointed and qualified acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a full, true and correct copy of: Resolution No. 6001 (1986 Series), reciting the fact of the Special Municipal Election held on June 3, 1986, declaring the result of such other matters as provided by Law. WITNESS my hand and the seal of the City of San Luis Obispo this 5th day of September—, 1986. (SEAL) i Pa la Voges, City Mark :►. RESOLUTION NO. 6001 (1986 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 3, 1986, DECLARING THE RESULT OF SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Special Municipal Election was held and conducted in the City of San Luis Obispo, California, on Tuesday, June 3, 1986, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for holding of elections in charter cities; and WHEREAS, under the provisions of City Council Resolution No. 5901 (1986 Series), the Board of Supervisors was authorized to perform the official canvass of the June 3; 1986, Special Municipal Election pursuant to the Elections Code of the State of California; and WHEREAS, a statement of the results of said election has been duly entered by the City Clerk in the official records of the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. The number of votes triven at earh nrerinrt nna the nnmherr of votes given in the City for and against the measures were as listed in Exhibit "A" attached. SECTION 2. The following measures having been voted on and approved by the voters are hereby approved. R 6001. Resolution No. 6001 (1986 Series) Page 2 MEASURE "B" This section to be deleted in its entirety as follows: "SECTION 727. Voter Approval of Annexations. Except for territory which is dedicated solely and entirely to a permanent public use, no annexation of territory to the City shall become effective until approved by a vote of the people at a general or special election held after the final decision by the Council to annex such territory (amended June 6, 1978 - Measure G)." MEASURE "C" "SECTION 410. Compensation. The Mayor and each Councilmember shall receive compensation for services, payable monthly, with the Mayor receiving greater compensation than the other Councilmembers. Compensation for Mayor and Councilmembers shall be reviewed biennially in even -numbered years. When warranted, said compensation may be adjusted by Council resolution, to be effective January 1st of the year following the review. The compensation rate may be revised by the electorate by initiative. Mayor and Councilmember expenses incurred for official business shall be reimbursed." MEASURE "D" "SECTION 609. Violation of Ordinances. The violation of any ordinance adopted and published by the City Council shall constitute a misdemeanor unless by ordinance it is made an infraction, provided that the City Attorney may elect to prosecute any misdemeanor as an infraction. Both misdemeanors and infractions may be prosecuted or may be redressed in the Banner provided by the general law of the State." MEASURE "E" "BE I.T ORDAINED by the People of the City of San Luis Obispo as follows: SECTION 1. Chapter 17.92 is added to the Zoning Regulations of the City of San Luis Obispo. 17.92.010 Onshore Support Facilities; Findings. A. There is a strong likelihood that serious adverse effects will result from onshore processing, storage, or related service facilities supporting offshore oil and gas development authorized by the federal and state governments. Resolution No. 6001 (1986 Series) Page 2 6 B. Such facilities would threaten the community's vital economy and environmental quality. 17.92.020 Onshore Support Facilities Prohibited. No onshore support facility for offshore oil or gas development shall be allowed or permitted within the City of San Luis Obispo until such time that the City Council proposes the inclusion'of such uses in an appropriate zone district or districts, and such proposal has been approved by a vote of the people of the City of San Luis Obispo. For the purpose of this ordinance, the term "onshore support facility" means any activity or land use required to support directly the exploration, development, production, storage, processing, transportation, or related aspects of offshore energy resource extraction." SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. On motion of Councilwoman Dovey , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Rappa and Mayor Dunin NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 1st day of Jules. 1986. Poe..�-® • YOR RON DUNIN A]7 CI Y CLERK PAMELA V E Ap ov d: Q Al <,(2An City Administrative dfft6r Ci t y Clerk C E R T I F I C A T E I, Pamela Voges, the City Clerk of the City of San Luis Obispo, certify that the following is the final statement of votes cast at the Special Municipal Election held in the City of San Luis Obispo, California, on June 3, 1986. 1 - Number of registered voters in city: 21,054 2 - Number of votes cast in city: 8,610 3 - Tabulation of votes by precinct (Exhibit "A") 4 - Tabulation of absentee votes (Exhibit "A") Witness my hand and the seal of the City of San Luis Obispo this day of 1986. (seal) Pa t ela Voges. City fferk EXHIBIT "Awl Damoke mmvftm PRIMARY ELECTION JUNE 3r 1986 CJTT OF SAN LUIS OBISPO MEASURES B - E PAGE NUMBER 023.00001 ¢ u EP My R AP ASU T uuy SP UE p sI c � e F pV cN N b "s ON "o o" 41 ON CON PRECINCT 52 713 282 39.5 148 O6 153 73 1T7 63 1% 59 CON PRECINCT 53 646 209 32.3 98 80 107 68 136 49 141 53 CON PRECINCT S4 633 193 30.0 80 TO •101. .46 109 48 126 SO CON PRECINCT Ss 476 156 32.7 09 S4 83 36 100• 27 95 41 ON PRECINCT 56- 664 194 29.2 80 72 99 52 108 SO 118 52 CON PRECINCT 57 540 161 29.8 72 57 44* 43 106 26 103 40 CON PRECINCT 58 990 384 38.4 192 114 225 82 260 62 256 87 , CON PRECINCT 59 1150 453 39.3 244 131 269 9A 307 76 298 103 CON PRECINCT 60 $95 284 47.7 129 112 132 109 177 65 170 80 CON PRECINCT 61 566 249 43.9 148 69 142 69 164 55 166 61 CON PRECINCT 62 754 283 37.5 149 89 161 75 176 72 119 79 CON PRECINCT 63 534 142 26.5 75 44 87 30 99 24 103 31 CON PRECINCT 64 730 366 50.1 187 111 209 84 227 77 226 93 CON PRECINCT 63 851 387 45.4 211 11s 258 67 261 73 267 93 ABSENTEE CON 52 34 15 1s 17 13 22 10 18 16 ABSENTEE CON 53 37 18 14 28 12 28 4 18 1s ABSENTEE CON S4 9 S 2 4 2 ABSENTEE CON SS 1s 9 4 10 2 5 2 3 4 ABSENTEE CON 56 -19 14 12 S 11 4 13 13 1 3 9 16 6 3 - ABSENTEE CON 57 5 8 6 • 5 6 ABSENTEE CON 58 33 15 9 13 B 16 5 21 5 ABSENTEE CON 59 74 38 23 44 17 sl 10 48 18 ABSENTEE CON 60 44 19 16 ILI 21 19 13 31 7 ABSENTEE CDN 61 19 10 6 B 8 10 6 14 5 ABSENTEE CON 62 25 18 4 19 4 18 5 ABSENTEE CON 63 11 S 3 • 4 4 ABSENTEE CON 64 63 30 22 .39 _ 12 44 7 T 40 1 18 ABSENTEE CON 65 21 It 7 14 2 14 6 16 4 3RD SUPERVISORIAL 9842 4160 .42.2 2092 1342 2338 1043 . 2671' I $48 2715 1030 CON PRECINCT 111 530 310 58.4 150 112 186 T8 198 73 171 CON PRECINCT 112 689 322 46.7 180 92 199 227 51 103 .104 108 CON PRECINCT 113 956 325 33.9 178 101 200 72 210 73 200 >! CON PRECINCT 114 669 176 26.3 94 52 104 42 119 32 111 41 CON PRECINCT 113 464 135 29.0 38 45 63 37 61 36 74 45 CON PRECINCT 116 446 145 32.3 63 54 7T 34 83 35 64 46 Cal PRECINCT 117 656 286 43.5 165 74 180 54 197 45 173 83 CON PRECINCT 118 698 .}20 10.3 65 42 76 30 BO 31 CON PRECINCT 119 615 '251 30.7 118 87 146 50' 176 38 90 168 25 59 CON PRECINCT 120 875 376 42.9 164 161 207 113 256 TO 242 101 CON PRECINCT 121 521 295 S6.6 ' 174 83 193 S7 210 44 164 100 CON PRECINCT 122 413 198 47.9 121 s0 141 29 159 17 120 60 CON PRECINCT 123 595 203 34.1 100 W 117 45 119 44F 123 53 CON PRECINCT 124 414 317.4 35 5 17 9 19 i CON PRECINCT 125 844 183 21.6 92 64 103 48 111 49 23 123 4 45 CON PRECINCT 126 679 263 38.7 143 7 163 52 178 41 1s0 88 CON PRECINCT 127 948 372 39.2 186 118 210 at 240 72 230 lOS 1e.. s•..n .,. Damoke mmvftm PRIMARY ELECTION JUNE 3, 1986 CITY OF SAN LOIS OBISPO MEASURES B - E PAGE NUMBER 025.00002 N SR 11 i 0 1 uo s{ i ix I E 0 c rS BO 4 Cg ° E Y 5A T F -0 8N EN I! El U p Il S 1 A ' S SN ON 0 S 0 ABSENTEE CON 111 12 7 6 8 S It' 2 7 ABSENTEE CON 112 43 19 20 23 11 ._ 27' 9 28 6 ! ABSENTEE CON 113 47 25 IS 32. 9 34 7 ABSENTEE CON 114 30 is 10 17 B 15 9 21 21 ABSENTEE CON 115 33 18 it 17 12 20 7 19 B ABSENTEE CON 116 13 6 4 6 4 21 10 ABSENTEE CON 117 62 36 18 32 21 9 39 .2 12 7 ! ABSENTEE CON 118 10 1 6 . 31 26 ABSENTEE CON 119 30 1B 4 3 16 3 3 7 1 8 1 1 ABSENTEE CON 120 37 21 12 24 16 26 4 16 ABSENTEE CON 121 27 9u 14 d 8 25 9 , ABSENTEE CON 122 11 4 6 8 10 17 B ABSENTEE CON 123 18 8 7 4 6 6 4 • 2 ABSENTEE CON 12412 1 It 5 It 4 4 ABSENTEE CON 123 29 1 1S 1 2 2 2 ABSENTEE CON 126 29 1 B 20 7 26 2 19 ABSENTEE CON 127 19 1 20 4 18 S 17 1 B 11 7 14 4 11 6 14 4 STH SUPERVISORIAL 11212 4450 39.6 2293 1433 2653 1013 2933 851 2713 1302 •�• T 0 T A L S ssss 21054 8610 40.8 4385 2777 4991 2052 $604 1699 5428 2332 row. ama•fu ECAP PRIMARY ELECTION JUNE 3. 1986 City UP SAA Lina Ud44ru .+cwa�.w.a r - • PAGE NUMBER 025.00000 T741 469 S u 3948 437 2402 295 4300 491 1429 229. SOSi 540 1524 173 4887 $41 2008 244 ABSENTEE PRECINCTS L R N 0 16TH CONGRESSIONAL. 20TH CONGRESSIONAL 21054 4610 40.8 SR 4383 2777 vv l 4991 20$0 R El 504 '1699 5428 2332 y 21054 4610 °p F 4385 C 4991 ON $604 EN 5428 2332 T 29TH ASSEMBLY 210 8640 40.8 N 2 4991 9054 -R0 1699 5424 2312 XA 0 OT 0 El U 0 R5 F - Rl _ S IST SWERVISORIAL 2NO SUPERVISORIAL 3R0 SUPERVISORIAL 98 47H SUPERVISORIAL STH SUPERVISORIAL 112 CITY OF ARROYO GRANDE CITY OF ATASCADERO CITY OF GROPER CITY CITY OF MORRO BAY CITY OF PASO ROBLES CITY OF PISMO BEACH CITY OF SAN LUIS OBISPO 210: UNINCORPORATED AREA COUNTY TOTAL 12101 ODIC 40.0 8610 40.4 451 y 2332 v CINCT TOTAL ABSENTEE VOTERS 21054 T741 469 36.7 3948 437 2402 295 4300 491 1429 229. SOSi 540 1524 173 4887 $41 2008 244 ABSENTEE PRECINCTS 16TH CONGRESSIONAL. 20TH CONGRESSIONAL 21054 4610 40.8 4383 2777 4991 20$0 504 '1699 5428 2332 14TH SENATORIAL 21054 4610 40.0 4385 2T77 4991 2054 $604 16" 5428 2332 29TH ASSEMBLY 210 8640 40.8 4385 2 4991 9054 S6Q4 1699 5424 2312 IST SWERVISORIAL 2NO SUPERVISORIAL 3R0 SUPERVISORIAL 98 47H SUPERVISORIAL STH SUPERVISORIAL 112 CITY OF ARROYO GRANDE CITY OF ATASCADERO CITY OF GROPER CITY CITY OF MORRO BAY CITY OF PASO ROBLES CITY OF PISMO BEACH CITY OF SAN LUIS OBISPO 210: UNINCORPORATED AREA COUNTY TOTAL 12101 ODIC 40.0 8610 40.4 451 y 2332 0 C E R T I F I C A T E I, Pamela Voges, the duly appointed and qualified acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a full, true and correct copy of: Certification of Charter Amendments (Measures "B", "C" & "D") as ratified by the electors of the City of San Luis Obispo on Tuesday, June 3, 1986. WITNESS my hand and the seal of the City of San Luis Obispo this 5th day of September 1986. (SEAL) CERTIFICATION OF CHARTER AMENDMENTS (MEASURES "B", "C" & "D") AS RATIFIED BY THE ELECTORS OF THE CITY OF SAN LUIS OBISPO ON TUESDAY, JUNE 3, 1986 I, Pamela Voges, City Clerk of the City of San Luis Obispo, do hereby certify that at the Special Municipal Election held in the City of San Luis Obispo, California, on the 3rd day of June,. 1986, the following amendments to the San Luis Obispo City Charter were ratified by a majority of the electors of said City: CHARTER AMENDMENTS ARTICLE VII. APPOINTIVE OFFICIALS This section to be deleted in its entirety as follows: SECTION 727. Voter Approval of Annexations. Except for territory which is dedicated solely and entirely to a permanent public use, no annexation of territory to the City shall become effective until approved by a vote of the people .at a general or special election held after the final decision by the Council to annex such territory (amended June 6, 1978 - Measure G). ARTICLE III. MUNICIPAL ELECTIONS SECTION 410. Compensation. The Mayor and each Councilmember shall receive compensation for services, payable monthly, with the Mayor receiving greater compensation than the other Councilmembers. Compensation for Mayor and Councilmembers shall be reviewed biennially in even -numbered years. When warranted, said compensation may be adjusted by Council resolution, to be effective January 1st of the year following the review. The compensation rate may be revised by the electorate by initiative. Mayor and Councilmember expenses incurred for official business shall be reimbursed. ARTICLE VI.LEGISLATIVE ACTIONS SECTION 609. Violation of Ordinances. The violation of any ordinance adopted and published by the City Council shall constitute a misdemeanor unless by ordinance it is made an infraction, provided that the City Attorney may elect to prosecute any misdemeanor as an infraction. Both misdemeanors and infractions may be prosecuted or may be redressed in the manner provided by the general law of the State. Certification of Charter Amendments Page 2 In witness whereof, we have hereunto set our hands and caused the corporate seal of said City of San Luis Obispo to be affixed hereto this 5th_ day of September, 1986. CITY OF SAN LUIS OBISPO OR;RON DUNIN ATTEST: r ` 1 ti 8E �► Y'0 •�hF o m March Fong Eu Secretary of State C4! IFONM�* Er CAU G Limited Partnership Division 923 - 12th Street, 3rd Floor Sacramento, CA 95814 b.;l August 15, 1986 Ci m t' CaRK SAN LUIS 0315"0, General Information (916) 324-67-S I Name Availability/ Status (916) 324-6769 Statutory Certification Bonds and Filings (916) 324-6778 Ms. Pamela Voges City Clerk P.O. Box 8100 San Luis Obispo, CA 93403-8100 Dear Ms. Voges: The office of the Secretary of State has received your notification regarding the City Charter amendment which was ratified by the voters on June 3, 1986. We have now completed our review of the submitted documents. Our findings indicate that in order for the amendment to be processed, it is necessary that the following additional information be forwarded to this office in compliance with Chapter 2, Section 34464 of the Government Code. 1. The original signature of the chairman of the governing board is required in addition to the original signature and certification by the City Clerk. The chairman's signature is required on the text of the ratified charter amendment (Section 34464). 2. Copies of arguments -for or against -the charter proposal.must be .certified.' A certification by the City Clerk or Registrar of Voters is acceptable (Section 34464(b)). Please submit a certified copy of arguments sent to voters. 3. The proposed charter amendments are to be published once in the official -newspaper of the city -or city and county. Evidence should be provided demonstrating_.that_the _election was held not less than -7i4 days after the date of publication � if the amendment was initiatedr_by_a_charter ,"commission) (Section 34457): If_the__chftrter_amendment was initiated by the governing body of the city, the election was,to be held not less than 40 or more than 60 days after the publication date (Section•.34458). 1. Please include information concerning the manner in which this charter amendment was initiated. Pamela Voges P,ugust 1.5, 1986 Page Two 5. Certified copies of..all publications and notices required of the city by this,chapter.in connection with an election to amend a city charter'(Section 34464(a)). 6. A certified abstract -of the vote.at the electiori:at which the charter proposal,.revision, amendment, or repeal was approved -by the voters (Section 34464(c)). If you have any further questions, please contact this office at (916) 324-6778. Sincerely, CHARLEEN CULBERTSON, Supervisor Limited Partnership Division CC:rjd March Fong Eu Secretary of State AUG 18197(0 CITY CLERK SAN IUiS 081Sp0, CA Limited Partnership Division 923 - 12th Street, 3rd Floor Sacramento, CA 95814 August 15, 1986 General Information (916) 324-6781 Name Availability/ Status (916) 324-6769 Statutory Certification Bonds and Filings (916) 324-6778 Ms. Pamela Voges City Clerk P.O. Box 8100 San Luis Obispo, CA 93403-8100 Dear Ms. Voges: The office of the Secretary of State has received your notification regarding the City Charter amendment which was ratified by the voters on June 3, 1986. We have now completed our review of the submitted documents. Our findings indicate that in order for the amendment to be processed, it is necessary that the following additional information be forwarded to this office in compliance with Chapter 2, Section 34464 of the Government Code. 1. The original signature of the chairman of the governing board is required in addition to the original signature and certification by the City Clerk. The chairman's signature is required on the text of the ratified charter amendment (Section 34464). 2. Copies of arguments -for or against the charter proposal must be certified. A certification by the City Clerk or Registrar of Voters is acceptable (Section 34464(b)). Please submit a certified copy of arguments sent to voters. 3— The proposed charter amendments are to be published once in the official newspaper of the city or city and county. Evidence. should be provided__ demonstrating that the election was h_e_id_not less thaH-7 4 days after the _date of publi.cation,if the amendment was in t ated�b a charter commissiori)(Sect on 34457).? If_the charter amendment was initiated by the governing body of the city, the ,election was to be held ?not less than ---40- or`�more-thai1_60 days after the publication date (Section 34458).% 4. Please include information concerning the manner in which this charter amendment was initiated. I C Pamela Voges August 15, 1986 Page Two 5. Certified copies of all publications and notices required of the city by this chapter in connection with an election to amend a city charter (Section 34464(a)). 6. A certified abstract of the vote at the election at which the charter proposal, revision, amendment, or repeal was approved by the voters (Section 34464(c)). If you have any further questions, please contact this office at (916) 324-6778. CC:rjd Sincerely, CHARLEEN CULBERTSON, Supervisor Limited Partnership Division !I!�ii��jl III ��IIII�i II:� �IIII III , Iil�li;,:,il� II ,III II ' !I II Ilii I -!&N, city® s�III oBiS 93403 100 990 Palm Street/Post Office Box 8100 •San Luis Obispo, CA CERTIFIED MAIL RETURN RECEIPT REQUESTED July 2; 1.9.8,61.'- Honorable .9.8'6:' Honorable March Fong Eu Secretary of State 1230 J Street Sacramento, CA 95814 Attn: Certification Officer Enclosed are three certifie Charter Amendments (Measures B, C, & D) as ratified by the electors o the City of San Luis Obispo at the Special Municipal Election held i conjunction with the State-wide Primary Election on June 3, 1986 The amendments are complete with no underscoring or pencil tations. Please have the amend nts certified by the Secretary of State as soon as possible and forward copy to our office for filing. We are anxious to reprint our Charter Ps soon as certification has been completed. Thank you for your/ help. Should you need additional information, please call me at (805),849-7103. F ely, Voge , Cllerk PV:skt Enclo .-% :1 . - - � V Certification of Charter Amendments Page 2 In witness whereof, I have hereunto set may handPF6caused the cor orate seal of said City of San Luis Obispo to be aff ed hereto this 'p day of July. 1986. Dated: CITY QP -SAN LUIS OBISPO Citt Clerk Pamela V-1 ® SENDER: Complete items 1, 2,3 and 4. Put your address in the "RETURN TO" space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available. Consult postmaster for fees and check box(es) for service(s) requested. 1. X3 Show to whom, date and address of delivery. 2. ❑ Restricted Delivery. 3. Article Addressed to: Honorable March Fong Eu `Secretary of State 1230 J Streit = Sacramento, CA 95814 4. Type of Service: Article Number ❑ Registered ❑ Insured L$ Certified ❑ COD P 458 375 752 ❑ Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Addre}sle�f 1� c X k, 6. Signature — Age43 6 ' J X �. 7. Date of Delivery J } .) i. v • _ " r(j�llij.7r.. S. Addressee's Address (ONLY if requested and Tee —PaBF W F Q O ao Oo LL W Cl) 7 z W a m 0 o Q fulc . CL j w ni g a C r y M C' cwp� I = 2 � m�YE P. N Q =E Nq�o W V¢9 ��MCC. LL,LLOm Ecxn N W E :m 4-- M r Q we a MCI W C ♦.2 m, F � Opt v 70 woo Z a� °Q E r9, •' u ou+ Cca o`.me• e C M D� 7Ch 0m 'd zU 0 D 0 D Q+ a C) cu a cu En LO CO 0 T P 458 375 752 RECEIPT FOR CERTIFIED MAIL., _ + NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNARONAL MAIL (See Reverse) Sent to Honoraael March Fong cretaStRtp Street and No. P.O.. State and ZIP Code Sacramento CA 95814 Postage 5 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. Date. and Address of Delivery TOTAL Postage and Fees S Postmark or Date C L o =-o H - o nF o d ? a c o 6 a v �'J ca W n N � a� O W 2 N m c T o a yca m _ a Ew m L Oso c L W W 0 Q J O Ql C 'C Z d O T C N y ¢a y c L.3 �W CD o N c m E¢ L O m E tO tC W r E o E E= o C J 2 U Q � 0 O7 N y n Y a U C L N a 0 N N d � L ¢ vONi U 0 d 6 U C O y a c CL¢ ►V co W y LL as - N tO L wa O d W ` dJm.'� a_ T LU �¢ wa c a ��iv � �mO Cm o -C m .3 � W � F Ia. C.3 C L ,; �, �� I �•� ri I I � i 4.1 lii� lil!III II �i� •ii �';'`�!�;::;;ri::�i; ! i!:I: i:� !I �ii�:!i'"IP9��"��'�;�'ti1 X15: ia:!i:.;!I iii J::: I! .:M D : i N aty'of sAn oBispo 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 CERTIFIED MAIL RETURN RECEIPT REQUESTED July .2, 1986. Honorable March Fong Eu Secretary of State 1230 J Street Sacramento, CA 95814. Attn: Certification Officer Enclosed are three certified Charter Amendment VIM easures B, C, & D) as ratified by the electors of the City of San is Obispo at the Special Municipal Election held in conjunction w7 the State-wide Primary Election on June 3, 1986. The amendme are complete with no underscoring or pencil notations. Please have the amendments certi ed by the Secretary of State as soon as possible and forward a copy t our office for filing. We are anxious to reprint our Charter as soonXs certification has been completed. Thank you for your help Should youneed additional information, please call me at (805) 549-703- PV:skt Enclosure J4 i CERTIFICATION OF CHARTER AMENDMENTS (MEASURES "B", "C" & "D") AS RATIFIED BY THE ELECTORS OF THE CITY OF SAN LUIS OBISPO ON TUESDAY, JUNE 3, 1986 I, Pamela Voges, City Clerk of the City of San Luis Obispo, do hereby certify that at the Special Municipal Election held in the City .of San Luis Obispo, California, on the 3rd day of June, 1986, the following amendments to the San Luis Obispo City Charter were ratified by a majority of the electors of said City: CHARTER AMENDMENTS ARTICLE VII. APPOINTIVE OFFICIALS This section to be deleted in its entirety as follows: SECTION 727. Voter Approval of Annexations. Except for territory which is dedicated solely and entirely to a permanent public use, no annexation of territory to the City shall become effective until approved by a vote of the people at a general or special election held after the final decision by the Council to annex such territory (amended June 6, 1978 - Measure G). ARTICLE III. MUNICIPAL ELECTIONS SECTION 410. Compensation. The Mayor and each Councilmember shall receive compensation for services, payable monthly, with.the Mayor receiving greater compensation than the other Councilmembers. Compensation for Mayor and Councilmembers shall be reviewed biennially in even -numbered years. When warranted, said compensation may be adjusted by Council resolution, to be effective January 1st of the year following the review. The compensation rate may be revised by the electorate by initiative. Mayor and Councilmember expenses incurred for official business shall be reimbursed. ARTICLE VI. LEGISLATIVE ACTIONS SECTION 609. Violation of Ordinances. The violation of any ordinance adopted and published by the City Council shall constitute a misdemeanor unless by ordinance it is made an infraction, provided that the City Attorney may elect to prosecute any misdemeanor as an infraction. Both misdemeanors and infractions may be prosecuted or may be redressed in the manner provided by the general law of the State. rte.` Certification of Charter Amendments Page 2 In witness whereof, I have hereunto set may hand and caused the corporate seal of said City of San Luis Obispo to.be affixed hereto this 2'day of Juay 1986. CITY N LUIS OBISPO Dated: 7/-Lh� Cit Clerk Pamela Vog