HomeMy WebLinkAbout10/19/2021 Item 7a., Hill
City of San Luis Obispo, Council Memorandum Council Agenda Correspondence
DATE: October 18, 2021
TO: Mayor and Council
FROM: Greg Hermann, Deputy City Manager
VIA: Derek Johnson, City Manager
SUBJECT: Item # 7a Winter Evening Hours of Use at Cerro San Luis Natural Reserve
Staff has received inquiries from Council Members, whom upon review of the Council
Agenda Report for the subject item that is scheduled to be heard on October 19, 2021,
have requested that staff clarify or provide additional information on the following items:
1. The duration and timeframe for the proposed ongoing Winter Evening Hours of Use
at Cerro San Luis Natural Reserve program.
2. Whether Council direction at the March 16, 2021, Study Session was to establish an
ongoing program in December only, or during the timeframe when daylight savings
time is not in effect as was conducted under the prior Pilot Program.
3. The ongoing cost to administer the proposed program.
4. Request for copy of the email correspondence with Mr. Fred Collins, Tribal
Spokesperson for the Northern Chumash Tribal Council.
5. Request to distribute Appendix C of the General Plan Conservation and Open Space
Element (2006).
6. Request to distribute Exhibit B to the Deed of Conservation Easement that encumbers
the Maino Open Space portion of Cerro San Luis Natural Reserve.
7. On page 802, the staff report states that if the EcoCounter found more than 65 people
after hours, during any of the other non-December days, that this would trigger
automatic permitting on the next day after the overage. Please clarify.
8. Page 804, is it standard that \[publication of the\] notice of the intent to adopt a negative
declaration is solely in the New Times, a weekly paper?
9. On page 819 of the packet, there is a list of the animals that were seen during the pilot
program by the firms conducting investigations of present wildlife. Were these
sightings at night (during the pilot hours) or during the day? And, do we have an idea
of numbers in both?
City of San Luis Obispo
Winter Evening Hours of Use at Cerro San Luis Natural Reserve Page 2
10. On page 826 of the Negative Declaration, in e, it notes a less then significant finding,
Please explain.
11. \[There is\] a discrepancy between the feedback received from the Northern Chumash
Tribal Council and the yak tityu yak tilhini Northern Chumash Tribe. One seemed
opposed and the other just wanted signage. Do either have opposition to the
allowance of hiking at all, even during the day, on the property? Or are these
reservations just nighttime reservations?
12. One equity question that has been raised by the public is that the permits are via a
phone appis there an alternative method to get a permit?
Staff responses to these items are as follows and are listed with the same enumeration
as above:
1. There is an instance in the Council Agenda Report discussing when the proposed
program will end and revert back regular hours of use that inadvertently states
This Council Agenda Correspondence
is intended to correct this clerical error and clarify when the proposed program will
start and when it will end.
The proposed program would occur during the winter months when daylight savings
time is not in effect, as follows:
Month Open until 1 Hour After Open until 8:30 PM PST
Sunset
January X
February X
March* X X
April X
May X
June X
July X
August X
September X
October X
November* X X
December X
* The exact date when daylight savings time ends in November and begins in
March varies from year to year. In the 2021-2022 winter season, for example,
daylight savings time will end on November 7, 2021, and will start again on March
13, 2022. The expanded winter evening hours of use until 8:30 PM would therefore
be allowed during the timeframe between November 7, 2021, and March 13, 2022,
during the first year of ongoing implementation.
2. In reviewing the video of the deliberation and motion at the March 16, 2021, it is
clea
Program in a manner commensurate with the prior Pilot Program. At roughly three
Winter Evening Hours of Use at Cerro San Luis Natural Reserve Page 3
hours and thirty minutes into the meeting, Former Mayor Heidi Harmon makes a
motion on this item as follows:
the program as-is, with the potential addition of only having the permit system in
The motion
is then seconded by Council Member Pease, followed by roll call. The video of the
meeting can be retrieved as follows:
https://www.youtube.com/watch?v=SUJWNreTD20.
3. Ongoing staff time necessary to administer the proposed program on an ongoing
basis was described in the Council Agenda Report for the March 16, 2021, Study
Session item on this topic (see Packet Pages 88-89). Ranger Service staff time
was estimated at $25,000 and Natural Resources Program staff time was
estimated at $5,000. Ongoing expenses are comprised of periodic replacement
TM
and EcoCounter device. The Council Agenda Report for the March 16, 2021,
Study Session item can be retrieved as follows:
http://opengov.slocity.org/WebLink/DocView.aspx?id=139031&dbid=0&repo=City
Clerk.
4. A copy of the email correspondence with Mr. Fred Collins is attached, as
requested. Unfortunately, and sadly, Mr. Collins has passed away since this
correspondence took place. Staff have since followed up with Violet Sage Walker,
whom we understand is now the correct Tribal Administrator for the Northern
Chumash Tribal Council.
5. A copy of Appendix C of the General Plan Conservation and Open Space Element
(2006) is attached, as requested.
6. A copy of the Exhibit B to the Deed of Conservation Easement that encumbers the
Maino Open Space portion of Cerro San Luis Natural Reserve is attached, as
requested. Although not specifically requested, a copy of the Deed of
Conservation Easement itself is also attached for context and reference.
7. The Council Member observes that reverting back to requiring permits if the
EcoCounter device indicates that levels of use exceed 65 individuals presents
logistical challenges for staff to implement and communicate effectively with the
public. This process is also described in the Initial Study / Negative Declaration as
a mechanism to ensure that keeping use to the average baseline level of use of
65 individuals is adhered to. Staff has provided an Alternative to require permits
during all program months of operation that is available to the Council.
8. The California Environmental Quality Act requires that a Notice of Intent document
is noticed in a newspaper of general circulation that is published in the area
New Times for
this purpose, which is a free publication. The Notice of Intent was also posted with
the County-
with notification of its availability.
Winter Evening Hours of Use at Cerro San Luis Natural Reserve Page 4
9. The wildlife surveys conducted by Tenera Environmental in 2004 in support of the
Cerro San Luis Natural Reserve Conservation Plan were conducted during both
daytime and evening hours. The wildlife surveys by Terra Verde Environmental
that were conducted prior to and during the Pilot Program were conducted at
nighttime during hours commensurate with the Pilot Program. The survey work
conducted by both firms was designed to determine presence only of wildlife
species; they did not track total numbers of volume of wildlife present.
10. The Initial Study identifies a less than significant impact for conversion of farmland
(or rangeland) agricultural resources. While this potential is considered to be very
remote, there is a possibility of an indirect impact. An example might be if a cattle
gate were to be left inadvertently open causing indirect impacts to the cattle
operator.
11. The Northern Chumash Tribal Council and yak tityu yak tilhini Northern Chumash
Tribe are sep
American Heritage Commission (NAHC) list of historically and culturally affiliated
tribes. Staff assumes their responses were related to the winter evening hours of
use program as the subject matter at hand, but neither response explicitly indicated
whether their comments were related to winter evening hours of use or to use in
general at any time of day.
12. A permit for the Winter Evening Hours of Use program does not necessarily require
the mobile phone or computer-based A permit could also be obtained at the
front counter or by telephone from the Parks and Recreation Department Office
and from a Ranger at the trailhead prior to entry, if permits were to still be available.
Should you have further questions or desire additional information, please feel free to be
in contact with Robert Hill, Sustainability & Natural Resources Official, by email at
rhill@slocity.org or by phone at (805) 781-7211.
Attachments:
A. Copy of the email correspondence with Mr. Fred Collins
B. Appendix C of the General Plan Conservation and Open Space Element (2006)
C. Deed of Conservation Easement and Exhibit B, Baseline Conditions Report
Conservation and Open Space Element
APPENDIX C: MANAGEMENT OF OPEN SPACE LANDS
1.The City will manage land that it owns, or controls through lease or easement, to implement the policies of this
element, and will encourage other agencies to do so on their land. This Appendix focuses on management
practices for lands designated by the Land Use Element as Open Space or Agriculture, but does not exclude other
designations such as Park or Public.
2.ŷĻ /źƷǤƭ /ƚƓƭĻƩǝğƷźƚƓ DǒźķĻƌźƓĻƭ ŅƚƩ hƦĻƓ {ƦğĭĻƭͲ in conjunction with approved individual Open Space
/ƚƓƭĻƩǝğƷźƚƓ tƌğƓƭ ğƓķ ƷŷĻ /źƷǤƭ hƦĻƓ {ƦğĭĻ hƩķźƓğƓĭĻͲ ƭŷğƌƌ ŭǒźķĻ ķğǤΏƷƚΏķğǤ ƒğƓğŭĻƒĻƓƷ ķĻĭźƭźƚƓƭ ğƓķ
activities in open space areas.
3.On open space land that the City manages, the City may decide to permit more than one type of activity or use.
Where different uses may not be compatible, the following priorities will guide decisions. The items listed under a
priority heading are co-equal. (Land uses are subject to any deed restrictions placed by owners conveying land to
the City for open space purposes, and to easements or rights retained by others.)
Priority 1
Protection of existing wildlife and natural habitat generally.
Protection of existing listed species and their existing habitat, or re-establishment of such habitat where
damaged.
Protection of public resources such as water quality (watershed runoff and groundwater recharge).
Avoidance of threats to public health and safety, such as ground instability (In the case of vegetation
management for wildland fire, separation between hazardous vegetation and structures generally should be
provided on the land containing the structure, by the owner of the land containing the structure. Where
vegetation management on City-owned land is needed or desirable, management practices will minimize
harm to wildlife habitat and scenic resources).
Priority 2
Public access and passive recreation.
Protection of scenic resources.
Priority 3
Scientific study.
Agricultural production.
4.!ƓǤ ĻƓĭƩƚğĭŷƒĻƓƷ ƚŅ ğ ƦƩźǝğƷĻ ǒƭĻ ƚƓƷƚ ƷŷĻ /źƷǤƭ ƌğƓķ ƒǒƭƷ ĬĻƓĻŅźƷ ƷŷĻ /źƷǤƭ ƚǞƓĻƩƭŷźƦ ğƓķ ƒğƓğŭĻƒĻƓƷ
objectives, and shall be subject to approval by the City Council.
5.The City will adopt conservation plans (or master plans with conservation components) for large parcels, and for
small parcels where conservation challenges and solutions need to be clarified. The preparation and adoption
process shall foster participation by resource-protection experts and by the public. On lands designated Park
(such as Laguna Lake, Mission Plaza, and Meadow Park), the plans will provide for previously established
recreational uses. They may provide for passive recreational uses that do not adversely impact listed species and
that minimize adverse impacts on other wildlife resourĭĻƭ͵ ŷĻ /źƷǤƭ \[ƚƦĻǩ /ğƓǤƚƓ ƦƩƚƦĻƩƷǤ ΛƚǒƷƭźķĻ ƷŷĻ
planning area) and Reservoir Canyon property will be managed as open space.
6.The City will coordinate law enforcement and emergency response for its open space lands with all potentially
affected agencies.
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Chapter 6
7.The City may lease land to other agencies or organizations for maintenance or service activities, provided the
lease agreement reflects all City policies and management objectives.
8.The City should lease lands designated Agriculture for continued agricultural use, provided the lease agreement
reflects all City policies and management objectives.
9.The City may provide services to or maintain resource-protection lands owned by others, where warranted by
adjacency to City-owned land and long-term resource-protection needs. Such activity shall be subject to an
agreement approved by the City Council. The costs for such services shall be borne by the owner, unless the City
Council determines that bearing part or all of the cost is necessary to implement City policies.
10.The City will monitor its open space holdings often enough for timely discovery and response to problems such as
substantial hazards, encroachment, trespass, and degradation of resources.
11.The City may enlist volunteers, including community organizations and neighboring landowners, to help monitor
and maintain open space and recreational resources. Volunteers will receive training appropriate to the tasks
they will be performing, including recognition of situations and conditions requiring professional response.
12.The City will maintain a publicly accessible inventory of the location and type of its open space holdings and
easements. The inventory will contain or be linked to documentation of the initial condition, and the evolving
conditions, of land and easement areas that it acquires.
13.When compatible with the primary purpose of the open space, the City should use revenue from open space
lands, such as agricultural lease payments, to fund open-space maintenance. Such revenues may also be used to
acquire open space.
14.Mitigation for the impacts of private projects shall generally be conducted on private lands. However, special
circumstances may arise that justify use of City-owned land as a mitigation site:
A.Where there is a clear City benefit from a transaction that involves the use of City land as a mitigation site,
or
B.Where General Plan goals will be furthered by the appropriate use of City lands for mitigation purposes.
Private mitigation actions on City-owned land shall have a clear resource-protection or amenity value to
the site, and shall be subject to approval by the City Council. Mitigation at a City park shall be subject to
review and recommendation by the Parks and Recreation Commission. Mitigation on City-owned open
space shall be subject to review and recommendation by the Natural Resources Manager.
15.The City may form an Open Space Committee to advise staff on open space acquisition and management.
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