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HomeMy WebLinkAbout11/20/1978A G E N D A ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, NOVEMBER 20, 1978 - 12:10 P.M. HEARING ROOM, CITY HALL, 990 PALM STREET STUDY.SESSION Roll Call Councilmen PRESENT: Ron Dunin, Jeff Jorgensen, Steve Petterson, Allen Settle and Mayor Schwartz City Staff PRESENT: J.H..Fitzpatrick, City Clerk; Leland Walton, Administrative tive Officer; Wayne Peterson, Writer; R.C. Muravez, Finance Community Development.; D.F. R, Others George.Thacher, City-Attorney; Officer; R.D. Miller, Administra- City Engineer; Bob Anderson, Staff Director; Henry Engen, Director of Dmero,.Director of Public Services PRESENT: .Robert,W. Carr, County.of San Luis Obispo; Joe Turner, Chairman of the H.R.C.; Orloff Miller, Coordinator of H.R.C. 3. Councilman Allen Settle brought to the Council's.attention, a.matter that was to appear before the San Luis-Obispo County.Area Council of Governments dealing with the proposed Air_Quality Attainment and.Maintenance Plan. He-stated he had to have this discussed by the Council for his guidance as the City Council representative to the S.L.O.C.O.G. He then.introduced. Robert _W. Carr, Assistant Project Manager for the County.Air Pollution Control District. Robert W. Carr then reviewed for the.City Council a summary of the San Luis Obispo County.Air.Quality Attainment and Maintenance.Plan for the period October, 1978,_4nd_by 19.87. He stated.the plan outlined most of the control measures available for emission reductions needed to achieve oxidant standard; it included measures for stationary sources, transportation sources and planning and growth (land use). Reductions achievable from.most of .the measures had-been quantified; however, he stated. work ,was.continuing..to...further refine.these numbers. No attempt had been made to quantify emission reductions achievable from the popu- lation and.growth measures since it was felt.that. such reductions would be minimal. However, he stated.that the.Clean Air.Act.Amendments required that land use considerations be.included in.a plan when attainment could not be demonstrated by 1982, which appeared to be the case for San Luis Obispo County. He stated the planning,and growth .measures.were.necessary.in.the plan to main= tain the oxidant standard after attainment, and for maintaining the standards for those pollutants where we did not now exceed standards. He announced that the complete plan was ;still being complied..at.this.instance would come up for final hearing at the Council of Governments meetings on November 30, 1978. As a point of.information, he stated it-now appeared there would be several areas of the State that would not have the plan submitted prior to January 1, 1979. He did not know what the official position from the Environmental Protection. Agency would be regarding the imposition of sanctions as.a result of not having the plan approved by the final approval date of-July 1,_1979., Although, he felt that any delay in approval.caused by late submittal of the plan would result in a prohibition.against the construction or.modification of any major stationary source as defined, in the act and that no.other sanction would be imposed during the plan review period. He then reviewed measures that had to be taken to insure attainment of the particulate matter by 1982. He stated this study was being conducted by Cal Poly, with assistance from the Air Pollution Control District, the Air Resources Board and the University of California at Davis. The results of these studies would give,a better indication.of what measures were necessary to attain the particulate standard. He.felt that-at this time, that attainment could be achieved through regulation-and enforcement actions currently.in effect plus the adoption of a fugitive dust .rule to prevent airborne particulate during construction and demolition, grading, land clearing,. etc. He'concluded his comments by saying that the Air Quality.Attainment and Maintenance Plan was a continuous process which would include the.following activities: City Council.Minutes November 20, 1978 Page 2 1) Prepare and adopt.rules to implement stationary.source..control measures; 2) Revise and..update..the.plan at-least biannually; 3) Identify agencies.responsible for implementation; 4) Coordinate air quality planning with local and county -wide planning.program; 5) Consider implementation of an emission allocation program for - future inclu- sions in the plan; 6) Develop mechanisms to ensure consistency of local projects with the adopted plan for San Luis Obispo County; and 7) Monitor implementation of air -wide conyrol programs and impact control strategies. Finally, he stated that he did not.believe..that the.attainment of the NAAQS for oxidant would be accomplished by 1982. He felt that the Environmental Protection Agency in this case would accept a linear schedule showing a reason - ble further progress, including the application of reasonable, available control measures through 1982 and other control measures thereafter to attain the standard by 1987. He stated that the reasonable, available control measure meant "the lowest emission limit that a particular source is capable.of meet- ing by the application of control'technology which is reasonable, available considering technological and economical feasibility ". Some of these might include a vehicle and inspection..-and maintenance program to be implemented by the State.-which would most likely begin in the 1980's with a change of owner- ship phase of vehicles and a.ran_dom road =side testing.operation conducted by the California Highway Patrol. The next phase might be to require annual certi- fication of all vehicles at time.of re- registration. He felt that without this type of program on motor vehicles, attainment of the oxidant standard in San Luis Obispo County would not be possible.. Councilman Dunin asked who was going to enforce these conditions, and how much would the program would cost. He felt there was good intention to clear up the air but there was no specific way shown in the report on a cost to enforce the program. Councilman Jorgensen stated he supported the County plan.and. advocated that stationary vehicle and land use through.growth management would help maintain the quality of air in the city. Finally, he felt'that the City and the County should enter into look range growth management programs.in order to protect the environment and.the air in the County. Councilman Petterson felt that the planning.in the City and County had been wrong in'that they should be encouraging housing nearer where people work in order to avoid the long round trips commuting for.homes to.work.and return. He said that most people in the County worked in.or around.San Luis Obispo but most of them drove many miles to the outlying areas where they lived. Mayor Schwartz stated that the plan seemed.nebulousr to him but in general would support any program which reduce pollutants and.protect.the..citizens of the community. He felt he could be more enthusiastic if he could see a realistic control plan being developed. Councilman Settle agreed that.the.City and'-the County.should.adopt.some plan to protect the County's air quality. He also agreed that--some-sort of growth management should be adopted by all agencies in the County in.order to be aware of potential problems: After discussion, it was a consensus of the City Council that they supported, in.general, the plan as presented and so directed Councilman Settle their repre- sentative to SLO COG on this matter. 2. D.F. Romero brought to the Council's attention,a difference.of opinion of the basic approach of providing for improved drainage clearances under three structures within the City's creek system. He stated that he and the City Engineer had a basic disagreement regarding the approach being used. He stated that Wayne Peterson's view was that the City Council policy called for complete removal of City - Council Minutes November 20, 1978 Page 3 obstructions from.the.waterway.while, he,.-felt that they.could.modify the facilities beneath the structure,_ thus.leaving- a_very minor obstruction near the abutments.but..substantially reducing..the cost of-the improvements. He then placed two rough sketches on.the board showing his approach and that of the City Engineer. On motion of..Councilman..Petterson, seconded by Councilman Jorgensen,_that the City Council adopt the least expensive method.to provide improved drainage clear- ance and stream. Motion.carried, all ayes. 1. Councilman Allen Settle . presented for the Council's consideration, a proposal for the appointment of a City Assistance Officer or Ombudsman.to help citizens with complaints with -city operations. He stated that the objectives of this proposal was to establish 'a Council policy supporting.an information or complaint office or officer to establish.that the Council's approves such a person in the Administrative Officer's section of the city performing ombudsman type of service with the authority of delegating these functions to other staff and department heads in the city. The function of this office would be: 1) handling community complaints regarding city employees and department heads; - 2) administrative investigations as .part of the CAO's department; 3) relations with Personnel Board as approved by voters by Charter in June, 1978. 4) increase contact with community members on concerns or problems.before they get to Council as a means of clarifying city policies.and programs; 5) public relations and information referral on specific . council policies; 6) 'educating-.community.members on new procedures ..and.general.awareness of organizational structure. Councilman Settle concluded his presentation be stating that: 1) No new personnel would need to be employed to accomplish the above object- ives and functions; 2)..The.matter-would.be under.the.Administrative Officer, Leland Walton, who would be- assisted by,-J -.H. Fitzpatrick, City Clerk, and Robert Anderson, Technical Writer; .3) Problems involving the Human Re lations.Commission "Ombudservice" would be handled by Orloff Miller as a direct liaison with the CAO's office. H.R.C. and Orloff Miller would be assisted by the H.R.C. staff. He wished the Council would consider this, even in its rough way, but it was an attempt to get a problem that existed.in.'the City at this time. .Leland Walton, Administrative Officer,-agreed with the proposal, felt it -might provide a good.service to the.citizens.of the community. He.agreed that there was no need to add a staff member as-fie felt they could use existing, experienced personnel to follow through on questions, problems, etc. He suggested that all complaints and.questions, etc. would be logged in at the City Clerk's Office and then forwarded through his office to.the effected department for investigation, analysis and report. After this was done, the complaintant would be notified of t the action taken with a.follow- up.within 5-to 10 days by the City Clerk to see if the complaintant.was satisfied with the solution submitted. He stated that he realized that this was a very rough approach but that it could be reduced to writing and later approved by the City Council. The City Council-then held a lengthy discussion.,for a need for a City. Assistance or Information person to help the citizens of the city.solve problems or imagined problems within the City Administration. They also discussed existing methods of handling complaints against the city or .state personnel. After this discussion, on motion of Councilman Settle, seconded by Councilman Jorgensen, that the City Council support the concept of a City Information or _ Complaint Officer and that it be referred to the City Administrative Officer to work out the details for Council review of concepts at a later date. Motion carried, all ayes. City Council Minutes November 20, 1978 Page 4 4. Study of the.status.of the C.I.P._. was __continued,:..possibly:time, allowing following the-Regular Council meeting of November 21, 1978. 5. There being no further business to come.before the meeting, Mayor Schwartz adjourned the meeting at 2:00 p.m. A G .E -N D A - REGULAR MEETING OF THE CITY COUNCIL CITY OF' SAN- LUIS OBISPO TUESDAY, NOVEMBER 21, 1978 - 7:00 P.M. COUNCIL CHAMBERS;•CITY-HALL Pledge Roll Call Councilmen PRESENT: Ron Dunin, Jeff Jorgensen, Steve..Petterson -; Allen.Settle and Mayor Kenneth E. Schwartz- - ABSENT: None City Staff PRESENT: J.H...Fitzpatrick, City Clerk; Leland.Walton, Administrative Officer; R.D. Millet, Administrative.Officer;.George Thicher, City Attorney; Henry Engen; Director. of Community Development; Dan Smith, Senior Planner, Terry Sanville, Senior Planner; Wayne Peterson, City Engineer; Jim Stockton, Director of Parks and Recreation; Roger Neuman, Police.Chief.and.D.F. Romero, Director of Public Services 1. The City Council held_a.public_hearing.on the appeal of a Planning Commission decision for a use permit application (U- 0698). The use permit was for a proposed restaurant located in the Laguna Village Shopping Center. The Planning Commission approved the use permit but denied the request of the developer -(Cal -Coast Construction) for a.drive =up window. Dan Smith, Senior Planner, stated that-the-Planning Commission had.denied the request that.the free standing restaurant =proposed•at the.Madonna Road frontage not have a drive - through window. The Planning Commission denied the drive - through window for.the following reasons: 1) It would compromise the.character:and...function of a neighborhood facility for an unnecessary automobile oriented convenience. i.. . _ . - 2) It would cause people to waste a primary energy source for an unnecessary .convenience. 3) It would create ,a circumstance conducive for littering the general environs of the site and the streets and surroundings.