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06/30/1992MINUTES ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO TUESDAY, JUNE 30, 1992 - 7:00 P.M. COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss, Bill Roalman and Mayor Dunin Absent: None City Staff Present: John Dunn, City Administrative Officer; Ken Hampian, Assistant City Administrative Officer, Jeff Jorgensen, City Attorney; Pam Voges, City Clerk; Terry Sanville, Acting Community Development Director, Bill Statler, Finance Director; Bob Neumann, Fire Chief; Harry Watson, Transit Manager, David Elliot, Administrative Analyst PUBLIC COMMENT PERIOD P.C.I. Bill Ptercev, representing the Teamster's Union, urged the Council to place pressure on the ' new transit company to rehire laid off Laidlaw transit employees. P.C.2. Richard Schmidt, urged Council not to take action to approve the executive staff's proposed compensation plan. CONSENT AGENDA Moved by Roalman /Pinard (5-0) to approve the consent calendar as recommended by the City Administrative Officer with the exceptions of C -2 and C-4 as noted. C-1 AREA AGENCY ON AGING (File No. 1012) Council considered an appointment to the Central Coast Commission for Senior Citizens, Area Agency on Aging Board of Directors. Moved by Roalman/Pinard (s -0) to reappoint Joan Lawrence to a two year term beginning July 1, 1992 on the Commission for Senior Citizens Area Agency on Aging Board of Directors as recommended. C-2 APPOINTED OFFICIALS COMPENSATION (File No. 622) Council considered salary adjustments for the City Administrative Officer, City Attorney, and City Clerk. John Dunn, City Administrative Officer, requested that this item be continued to date uncertain. City Council Meeting Page 2 Tuesday, June 30, 1992 - 7:00 PM without discussion at the request of staff for Moved by Raooa /Roalman (5-0) this item was continued req a future meeting. C-3 GENERAL MUNICIPAL ELECTION (File No. 323) Council considered calling the election for November 3,1992 and requesting the Board of Supervisors consolidate the General Municipal Election with the State -wide election. Moved by Roalman /Pinard (5-0), Resolution No. 8027 was adopted calling the election for November 3, 1992, and Resolution No. 8028 was adopted requesting the Board of Supervisors consolidate the General Municipal Election with the State -wide election as recommended. C-4 BIKE LANE CONSTRUCTION (File No. 462) Council considered bike lane construction on Santa Rosa Street from Walnut to Murray. Mayor Dunin expressed concern about authorizing this level of funding given the current state of financial affairs with the state. After brief discussion, moved by Roaiman /Raooa to support the bike lane project estimated to cost $100,000 and request that CalTrans participate in the cost to a maximum of $48,400. Motion carried (4-1, Mayor Dunin voting no). PUBLIC HEARINGS TENTATIVE MAP - 3765 S. HIGUERA (File No. 410) Council held a public hearing to consider a request to divide one 6.17 acre lot (MS 72 -92) into two lots with exceptions to lot size, lot design and frontage requirements at 3765 South Higuera Street; Gregory & Jane Hind, applicants (continued from 6/16/92). Terry Sanville, Acting Community Development Director, reviewed the agenda report with the recommendation that Council continue this item with direction to the applicant to revise the map to create a condominium subdivision. He stated that the applicants want to divide a large lot into two, the present lot contains a sportswear equipment manufacturing operation and two buildings. The applicants wanted to be prepared for possible economic downturns by being able to sell off part of the property. Having a separate lot also would allow for greater financing possibilities. Mayor Dunin declared the public hearing open. Jerry Michael, representing Mr. and Mrs. Hind, stated that it was the owner's intention to obtain additional financing for these properties so that they could move more of his operations to this area. Greg Hind, 216 E. Broad Street, also spoke in support of their request. Upon question, Tenn Sanville stated that he believed that the parking issue could be adequately addressed. 1 City Council Minutes Page 3 Tuesday, June 30, 1992 at 7:00 PM Cal Mass ev spoke in support of the request. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Reiss /Rappa, Resolution No. 8031 was adopted approving the tentative map for Minor Subdivision SLO92 -039 (MS 72 -92), creating two large lots from one, on South Higuers Street, between Granada Drive and Tank Faun Road with an amendment to finding #7 to read "The property to be divided Is of such size or shape and Includes existing structures which make it impossible, impractical or undesirable, in the particular case, to conform to the strict application of the regulations or the Higuera Commerce Park's specific plan.' Motion carried (4-1, Councilman Roalman voting no). BUSINESS ITEMS 2. REFERENDUM ON STATE WATER (File No. 323) Council considered a Certificate of Sufficiency on a referendum concerning the State Water Project and determination of placing the matter on the November 3, 1992 ballot. Pam Voges. City Clerk, reviewed the agenda report with the recommendation that Council receive and file the Certificate of Sufficiency regarding the State Water Project and determine whether to place the matter on the November 3 ballot. She stated that on April 21 the Council took action to adopt Resolution No. 8001. The resolution authorized the Mayor to execute the Water Supply Agreement ' and Water Treatment and Local Facilities Agreement for participation in the State Water Project. A referendum was filed by the proponents to refer Resolution No. 8001 and contained more than the required 2,268 signatures or 10% of the voters of San Luis Obispo. The petition was examined and determined to be sufficient. She stated the Council could: 1) repeal the resolution against which the petition was filed; 2) receive and file the Certificate of Sufficiency and adopt a resolution to place the referendum on the November 3, 1992 ballot; or 3) after receiving the Certificate of Sufficiency, order a special election to be held between 88 and 103 days from the date the resolution is adopted, placing the referendum on the ballot. Staff would have to be directed to prepare the necessary resolutions and come back for Council adoption. Mayor Dunin asked for public comment. Ray Ball urged the Council to deny placing this issue on the ballot. He felt it was abuse of the system and he was prepared to file a legal action if the Council did not keep this off the ballot. He was concerned about election politics. He did not feel the petition was warranted as the action to approve the agreements authorizing state water was an administrative act. Carol Pierce. 864 Mission, spoke in support of placing the issue on the ballot. Carol Florence, representing the Property Owners Association, spoke in support of keeping the issue off the ballot. She stated that she had reviewed the legal opinions by the City Attorney and other legal counsel and agreed that this was administrative and not legislative action. Ron Garcia, 543 Felton Way, urged the Council to put this on the ballot. City Council Meeting Page 4 Tuesday, June 30, 1992 - 7:00 PM n Individual, urged Carla Sanders, a member of the City's Open Space Committee and speaking as a d rg support of placing this measure on the ballot. Richard Kranzdorf, 160 Graves, spoke in support of placing this on the ballot. Dennis Johnston. 178 Brooks Street, was opposed to the state water because he felt that it was a bad contract and had been previously rejected by the voters. David Friend. 555 Ramona Drive, spoke in support of the Council's previous action. Roy Hanff, 569 Lawrence Drive, spoke in support of placing the measure on the ballot. Pat Veeshart urged the Council to reject their previous action and rescind the resolution they took action on in April. Sandy Segerson was concerned about the future of the community and urged the Council to place the measure on the ballot. Richard Schmidt, urged the Council to repeal their previous action or place the measure on the ballot. Don Smith, urged the Council to appeal their previous action. He supported Nacimiento water as an alternative. Councilwoman Pinard felt the Council should honor the numbers of persons who had signed the 1 petition and the Council should repeal their previous action. Moved by Pinard /Roalman to repeal Resolution No. 8001 which authorized the Mayor to sign the state water agreements. Vice -Mayor Raooa stated that 1) it would be irresponsible to support this motion at this time. She felt there were too many unknowns at the time that the advisory vote was taken; 2) the Council has received a legal opinion that this is an administrative action; and further 3) that less than a year ago the Council was looking at supporting a $40 million desalination plant which would have been many times over the cost of what the state water project is projected. Councilman Roalman stated that he supported the motion because state water was previously sold falsely with a future inflated demand of water needs per person. Motion failed (2 -3, Councilmembers Rappa, Reiss, and Mayor Dunin voting no). Moved by Roalman /Raopa to support alternative #2 to place the measure on the ballot of November 3, 1992. Motion carried (4-1, Councilwoman Pinard voting no). Councilwoman Pinard stated she only voted no because she supported option #1 which was to repeal the previous action. Moved by Roalman / Pinard that staff be directed to support the Council's action in court if necessary to place the measure on the ballot. City Council Meeting Page 5 Tuesday, June 30, 1992 - 7:00 PM II Councilwoman Pinard suggested that the Council place an binding ballot measure on the November election whether or not to support state water. After additional discussion, it was moved by Dunin. Reiss to make a secondary motion to stop the filibuster. After additional discussion, Council took action on the amendment to the first motion to stop the filibuster on a 3-2 vote ( Councilmembers Pinard and Roalman voting no). Council then took action on the primary motion regarding taking legal action to place the ballot measure in November. Motion carried (3-2, Councilmembers Rappa and Reiss voting no). Moved by DuninfReiss to reconsider the primary motion. Motion carried approved (3-2, Councilmembers Pinard and Roaiman voting no). Moved by Roalman/Pinard to approve the previous primary motion which was that staff be directed to support the Council's action in court, if necessary, to place the measure on the ballot. Motion failed (2 -3, Councilmembers Rappa, Reiss and Mayor Dunin voting no). Moved by Pinard / Roalman to voluntarily put the issue of state water on the November ballot. Motion failed (2 -3, Councilmembers Rappa, Reiss and Mayor Dunin voting no). Moved by Pinard / Roalman that if the issue of state water is on the ballot in November, if given a choice would the citizens prefer to pursue Nacimierdo instead of state water. Motion failed (2 -3, Councilmembers Rappa, Reiss and Mayor Dunin voting no). 9:15 PM Mayor Dunin declared a recess. 9:30 PM City Council reconvened; all Councilmembers present. 3. STATE BUDGET GRAB (File No. 1113) Council considered a preliminary response to the State budget grab. John Dunn, City Administrative Officer, briefly reviewed the agenda report stating that the state of California was facing an unprecedented fiscal crisis for 1992 -93 estimating an $11 billion shortfall. Although the amount and type of revenue cuts to cities changes daily, the City of San Luis Obispo would see revenue cuts ranging from $1 -2 million annually. He was recommending several alternatives for implementation including 1) emergency costs reduction decisions and response plan; 2) an intermediate budget balancing decision; and 3) long term financial help decisions. The actions that would be required are 1) implement an immediate hiring freeze; 2) identify CIP projects recommended for immediate deferral subject to further review and those that should continue on; 3) eliminate undesignated carryover; 4) determine non -profd funding levels for 1992 -93; 5) evaluate operation costs and service level reductions. He has directed every department to identify further operation costs and service level reductions and prepare 5% and 10% reduction levels; and 6) designate an employee working group that would review and make recommendations for long tern cost saving ideas and suggestions for lay-off mitigation and employee retention measures. Bill Statler, Director of Finance, reviewed the agenda report with the recommendation that Council approve the action plan for responding to a probable City fiscal emergency resulting from the City Council Meeting Page 6 Tuesday, June 30, 1992 - 7:00 P.M. proposed state revenue reductions for California cities. (For further information, please see File No. 1 1113.) After discussion, moved by Roalman /Rama to support the six recommendations as outlined by staff and support reducing the Council's budget by the same amount as operating departments i.e. 5% and 10%; continue the Council Compensation Committee for 1 year, and support some means to identify those cuts in levels of service acceptable to the citizenry. Motion carried (5-0). COMMUNICATION COMMA. At the request of Councilwoman Pinard staff was directed to agendize renaming of the Mission Street tot lot to Anholm Park. 11:00 PM Mayor Dunin adjourned the meeting to closed session to discuss significant exposure to litigation. 11:20 PM there being no further business to come before the City Council, Mayor Dunin adjourned the meeting. APPROVED BY COUNCIL, 8/4/92 Pa Vogel, City Cle PV:cm MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 7, 1992 - 7:00 PM COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss, Bill Roalman and Mayor Dunin Absent: None City Staff Present: John Dunn, City Administrative Officer; Ken Hampian, Assistant City Administrative Officer; Jeff Jorgensen, City Attorney; Pam Voges, City Clerk; Wayne Peterson, Acting Public Works Director; Terry Sanville, Acting Community Development Director; Bill Steller, Finance Director; Bob Neumann, Fire Chief; Bill Hetland, Utilities Director; Deb Hossli, Administrative Analyst; David Gray, Administrative Analyst; Dave Elliott; Administrative Analyst C 11