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HomeMy WebLinkAbout10/03/1989, 5 - ASSEMBLY BILL 1999 WOULD REQUIRE THE UNIVERSITY OF CALIFORNIA AND THE CALIFORNIA STATE UNIVERSITY T MEETING DATE: ����► I�IIIIIpIIp � � city of San Luis OBlspo . 10/03/89 WaMa COUNCIL AGENDA REPORT ITEM NU Bffl: FROM: Councilwoman Rappa SUBJECT: Assembly Bill 1999 would require the University of California and the California State University to be sensitive to local community planning concerns dY+n CAO RECOMMENDATION: Direct staff to prepare appropriate letter(s) or other follow up actions urging support for AB 1999. BACKGROUND: Assembly Bill 1999 (sponsored by FARR) would require the University of California and the California State University, in planning the expansion of facilities currently on a campus of the university or the construction of new facilities, to be sensitive to the concerns of the local community and to make a good faith effort to honor local planning priorities. The bill also requires the state to pay for costs incurred by the city or county for services it provides due to the expansion of the university campus. Services would include sewer, water, and sanitation. The bill would not go into effect unless the UC Regents adopt a resolution to that effect This measure responds to a slow-growth measure adopted in the City of Santa Cruz relating to the expansion of UC Santa Cruz. I believe it is equally relative to concerns the Council has long expressed about Cal Poly's growth and feel such a measure should be supported by local city and county governments that have universities in their communities. Recommendation: Urge support of AB 1999 and direct staff to prepare appropriate letter or resolution urging adoption of this bill. Request the Council representative to the League of California Cities (Reiss) to urge its support at the Annual League Meeting in October. Attachment: AB 1999 1 - 5- I AMENDED IN ASSEMBLY JUNE 26, 1989 AMENDED IN ASSEMBLY MAY 31, 1989 CALIFORNIA LEGISLATURE-1989-go REGULAR SESSION ASSEMBLY BILL No. 1999 Introduced by Assembly Member Farr (Principal coauthor: Assembly Member Hayden) (Principal coauthor: Senator Torres) (Coauthors: Assembly Members Bates, Campbell, Connelly, Hannigan, Harris, and O'Connell) (Coauthor: Senator Nielsen) March 9, 1989 An act to add Section 66023 to the Education Code, relating to education. LEGISLATIVE COUNSEL'S DIGEST AB 1999, as amended, Farr. University of California and California State University: growth. Existing law provides for the establishment of the University of California and the California State University. This bill would require the University of California and the California State University, in planning the expansion of facilities or-the construction of new facilities, to be sensitive to the concerns of the local community and to make a good faith effort to honor local planning priorities. This bill also would require that the state mitigate the net costs directly incurred by the city, county,or city and county, or special district for the services, as defined, it provides due to growth incurred by the university campus when it can be separately demonstrated that the cost is not otherwise recoverable. This bill would specify that net costs are to be established by the respective university and local agency 97 40 AB 1999 —2— through 2— through negotiations entered into by both parties. The provisions of this bill would not apply to the University of California unless the Regents of the University of California. adopt a resolution to that effect. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 65023 is added to the Education 2 Code, to read: 3 66023. (a) The University of California and the 4 California State University„in planning for the expansion 5 of facilities or the construction of new facilities, shall be 6 sensitive to the concerns of the local community and shall 7 make a good faith effort to honor local planning priorities. 8 (b) The state shall mitigate the net costs directly 9 incurred by the city, county, or city and county, or 10 special district for the services it provides due to growth 11 incurred by a university campus when it can be 12 separately demonstrated that the cost is not otherwise 13 recoverable. "Services" for the purposes of this section 14 includes, but is not limited to, the provision of the 15 functions of sewer, water, and sanitation. The net costs 16 shall be established by the respective university and local 17 agency through negotiations entered into by both parties. 18 ' (c) No provision of this section shall apply to the 19 University of California unless the Regents of the 20 University of California adopts a resolution to that effect. O 97 eo 5 -3 _ [ TING AGENDA . DATE !BL-3. ITEM # �����►IIIBillllllllll�lllll ply°1I°111 ICIty II ® sem tuis OBISPO a ' 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 September 23,, es kfi6n by Lead Person To: City Council Members Re!po From: Peg Pinard Ga ea(6 Y• -- n_ Subject: Added .Hardship for our City � Because of successive drought years, the City of San Lui declared a building moratorium last spring. We knew that we could not handle any additional population. In addition, we set-up a program to carefully ration our remaining water supply. Even though they were fully aware of our water situation, Cal Poly and. Cuesta increased their student populations. The burden of their additional students fell primarily on the City of San ` Luis Obispo. This is an unwarranted hardship on. our citizens and no government entity should do this. Any increase in the student population takes water away from our citizens who have already cut back their allotments. Therefore, I ask you to consider a lawsuit against Cal Poly and Cuesta prohibiting them from any increase in students until a complete environmental impact report is done and approved by this city council. As part of the lawsuit we should seek an immediate injunction until the merits of this case can be heard. Any delay in this matter means that Cal Poly and Cuesta will continue to add to their respective populations. I am asking you to hear this as an emergency item on Tuesday's agenda, September 26, 1989. Please give this careful consideration as there is limited time to be effective. Thank You. Sincerely, Cp '..re Peg Pinard Council Member RECEIJL.EQ SEP 24 ti 1989 my CLERK 4�1i!91iU1&i,?AJ.�aI,�s6 .2.0/0 Q. . . i RECEIVED 1-i.�ETING AGENDA DATE Q 9 ITEM # C. OCT 9 1989 ENDORSEMENT OF AB 1999 CfrY CLERK sa'Rto! a PbX bringing before the Council -- the endorsement of Assembly Bill 1999 -- will require the California State University and U.C. systems to be sensitive to the concerns of the local community. This bill, which has stemmed from Santa Cruz County which faces issues similar to the ones we face here in San Luis Obispo, is a critical first step in coordinating and master planning the growth of the universities and local governments in which they are located. However, it appears that a larger issue has emerged that demands our immediate and serious attention. The past year has been a difficult one for town/gown relations. Rental regulations, constant use permit hearings on fraternity houses, difficulties between students and our Police Department, talk of lawsuits, etc. have served to increase the strain on town/gown relations, on housing costs and supply, and on our very limited resources. Councilwoman Pinard's announced intention to sue Cal Poly and Cuesta college to put a cap on their enrollments may not vet be an appropriate action, but I have to share her extreme frustrations for 20 years of ineffective actions and communication dealing with growth concerns and other town/gown issues associated with Cal Poly. If nothing else has happened in recent weeks, perhaps we have developed the energy to once and for all resolve these problems that have plagued us for 20 years -- problems that cry for meaningful and careful resolution. Rather than continuing to struggle with the symptoms, lets get at curing the disease. To that end, we need once and for all to: A. Create a fraternity row utilizing Cal Poly land. B. Expand the role of the Student Liaison Committee to find a permanent way of strengthening town/gown relationships and resolving town/gown conflicts. C. Develop a joint housing strategy utilizing Cal Poly land. D. Get the City in early on Cal Poly and Cuesta College's master planning efforts, rather than wait for plans to be done in a vacuum without City input. E. Resolve our resource deficiencies with Cal Poly's help. F. Explore creative solutions such as State-wide "Higher Education Bond Act" that would ear mark funds to accomplish AB 1999, branch campuses for Cuesta College, etc. I w Denotes a br.by lee Person dents a say in how we solve mutual problems as citizens with equal standing "a b to any ther resident of this community. y Its o �ty Atry. F1c. 1 In short, we need to get everybody — the City, students, neighbors, and most importantly U the colleges and universities to become part of the solution rather than all being part of the problem. Therefore, my proposal to you this afternoon is two fold: (1) To endorse AB 1999, and (2) to create an action committee composed of two members of the City Council, one member of the Board of Supervisors, a representative of the Student Liaison Committee, a representative of the neighborhood organizations, and a member of the public at large to devise and pursue an agenda to seek permanent solutions to some of our long-standing town/gown problems. O 1 RECEIVED MEETING AGENDA OCT 9 19�w 10/9/89 DATE ITEM # C� cnv CLERK RECOMMENDED ACTIONS SAN Luis OBISPO,CA Suggested by Councilwoman Rappa I. Endorse AB 1999 A. Authorize the mayor draft and send a letter to our legislators.endorsing Ab . 1999 and calling for strengthening some of his provisions to allow for local government representation on a university master planning committee that would have to be formed before any master planning efforts for universities could be undertaken. B. Further direct the mayor to draft letters to other communities that have State Universities within their jurisdictions to enlist their support for AB 1999 and for a strengthening of its provisions. II. The Creation of a Town/Gown Task.Force Since this is something new that the Council has not considered before, I would propose that this matter be placed on our October 17th agenda for council action. A. Purpose C The purpose and charge of this Town/Gown Task Force will be to develop meaningful dialogue with Cal Poly, Cuesta, and if necessary, the Trustee's office and our State.Legislators to pursue a definitive course of action on the following issue areas: 1. Create a fraternity row utilizing Cal Poly land. 2. Strengthen the Student Liaison Committee and/or devise another permanent way of strengthening mutual relationships and resolving mutual conflicts. 3. Develop a joint housing strategy between City and Cal Poly that would utilize Cal Poly land. 4. Discuss potential Cal Poly contribution of Whale Rock water to Denotes actipn by Asad p�, alleviate our short term water crisis and provide for long term needs. R_e/spo�d i Get in on the ground floor of Cuesta College and Cal Poly's master Y(:ounCil �!Ao ' planning efforts and find a way of directly influencing those efforts_. IV.Atty9 i � 7 6. Examine, and if appropriate, pursue creative measures as a "Higher Education Bond Act" to raise funds to defray local impacts on communities, explore the opportunity branch campuses for Cuesta College, evaluate appropriate changes (if possible) in the residency requirements for Cuesta College, etc. 7. Determine and lobby for ways to expand and strengthen AB 1999. This committee will not be a study group, but rather an action group that would press for action on the items above and seek a long term, positive, and consistent direction addressing the mutual affairs of the City, Cal Poly, and Cuesta College. B. Composition As for who should be on this committee, I feel that it should be composed of those council members who are not currently running for office - namely Councilwoman Pinard who has already expressed a sincere concern for these issues, and Councilman Reiss. Supervisor Blakely has stated an interest in being on the committee as the County representative, and the neighborhood's organization and the Student Liaison Committee should be asked to select their own representative to the Task Force. The public "at large" member - Cperhaps someone from the business community who has dealt with these or similar issues -- could be appointed by the Council subcommittee. The Task Force should be formed within the next two weeks and be charged to make forward progress on the agenda. This would include meeting with Warren Baker and Grace Mitchell by early November to express our concerns and our interest in working positively with their institutions to get them to become part of the solution, rather than part of the problem. If, as I fear, we may not be able to gain the ear of Cal Poly, the committee should be prepared and empowered to take these matters to Chancellor Ann Reynolds, members of the. Trustees, and to our State Legislators by early December. To conclude, we all need to work together to resolve our common problems and to strengthen the common good. There is no reason why this cannot occur positively. But let there be no mistake about it, we are very serious and earnest that Cal Poly listen to our concerns and act in a way that is sensitive to them. MOTION: Take favorable action on Item I and schedule Item II as a consent item on our October 17th council meeting agenda.