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HomeMy WebLinkAbout07/14/1975MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN .LUIS OBISPO MONDAY, JULY 14, 1975 - 7:30 p.m. COUNCIL CHAMBERS, CITY HALL Pledge Roll Call ' PRESENT: Myron Graham, T. Keith Gurnee, Jesse Norris, Steven Petterson and Mayor Kenneth E. Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer; A.J. Shaw, Jr., City Attorney; William E. Flory, Director of.Parks $ Recreation 1. Reports on activities of standing Council Committees: The Administrative Officer stated that in summary the report indicated that the City had more than $2 million in varying states of progress. All projects were on schedule as far as water system improvements were concerned, but were substantially behind in planning. He stated staff was making good progress on the City Hall remodeling and on the various park and recreation projects. The Broad Street widening project was moving ahead as well. He then reviewed for the City Council the condition and status of each of the approved projects in the Capital Improvement Program. 3A. Robert Strong, Community Development Director, again reviewed for the City Council his report dealing with the proposed relocation of the post office from downtown San Luis Obispo and progress being made with representatives of the postal service with members of the planning staff and the Planning Com- mission in an attempt to resolve the impasse on location of the new postal facilities. 3B. R.D. Miller, Administrative Officer, again reviewed for the City Council the potential problem involved in the City taking over the administra- tion of the parking and traffic citation business from the Municipal Courts, who were abandoning the program due to lack of funds and staff being provided by the County Board of Supervisors. He stated that the City Attorney was working closely with them in an attempt to resolve the question hoping that the City would-not have to take over the parking collection system. 3C. Councilman Gurnee brought.to the Council's attention the concern of a.number of the City's residents and property owners in the activity in cutting fire roads on Mt. San Luis by the property owner, Alex Madonna. He reviewed what he felt the legal problems involved were in the activity in cutting roads on Mount San Luis. He stated that the citizens were unable to get a judge to issue a temporary restraining order for Madonna to show cause why the work should not be stopped. He further reviewed the opinion A. Area Planning Council Councilman Gurnee B. Solid Waste Mayor Schwartz C. Traffic Committee Councilman Norris D. Tree Committee Councilman Graham E. Waterways Planning Board Councilman Petterson F. Whale Rock Commission Mayor Schwartz G. Zone 9 Advisory Committee Councilman Graham H. County Water Advisory Board Mayor Schwartz I. Criminal Justice Committee Councilman Norris J. Manpower Planning Office Councilman Norris 2. Richard D. Miller, Administrative Officer, submitted for the Council's ' consideration a progress report on the Capital Improvement Program during the past quarter. The report was submitted in compliance with Council direction contained in Resolution No. 2178, dated April 19, 1971. The Administrative Officer stated that in summary the report indicated that the City had more than $2 million in varying states of progress. All projects were on schedule as far as water system improvements were concerned, but were substantially behind in planning. He stated staff was making good progress on the City Hall remodeling and on the various park and recreation projects. The Broad Street widening project was moving ahead as well. He then reviewed for the City Council the condition and status of each of the approved projects in the Capital Improvement Program. 3A. Robert Strong, Community Development Director, again reviewed for the City Council his report dealing with the proposed relocation of the post office from downtown San Luis Obispo and progress being made with representatives of the postal service with members of the planning staff and the Planning Com- mission in an attempt to resolve the impasse on location of the new postal facilities. 3B. R.D. Miller, Administrative Officer, again reviewed for the City Council the potential problem involved in the City taking over the administra- tion of the parking and traffic citation business from the Municipal Courts, who were abandoning the program due to lack of funds and staff being provided by the County Board of Supervisors. He stated that the City Attorney was working closely with them in an attempt to resolve the question hoping that the City would-not have to take over the parking collection system. 3C. Councilman Gurnee brought.to the Council's attention the concern of a.number of the City's residents and property owners in the activity in cutting fire roads on Mt. San Luis by the property owner, Alex Madonna. He reviewed what he felt the legal problems involved were in the activity in cutting roads on Mount San Luis. He stated that the citizens were unable to get a judge to issue a temporary restraining order for Madonna to show cause why the work should not be stopped. He further reviewed the opinion City Council Minutes July 14, 1975 Page 2 of the County District Attorney's Office stating that the property owner had met all conditions of County laws involved in the fire or agricultural roads. He stated while he disagreed with the opinion of the District Attorney, he felt that the City Council should consider other alternatives. He suggested that the City consider: 1) purchasing of 350 acres of the mountain top in order to preserve it, or 2) 140 acres which ever the City Council deemed the least in order to protect the mountain for the future. He continued that if the City Counc.il.did not wish to purchase the mountain , in order to protect it for posterity, he suggested that the City: 1) adopt a resolution that the State adopt the approved plan to protect the Morros, including San Luis Mountain, 2) adopt a resolution urging the City Council to enforce the ordinance on grading as written, 3) ask the County government to adopt an ordinance to enforce the Environmental Impact control on the Morros, and 4) consider an open space bonding district to preserve the open space around the City. Councilman Norris stated he was opposed to the City Council discussing prop- erty outside the City limits. He felt that this was a County problem and should be controlled through County agricultural rules and laws. He did not feel that the City Council should justify a need by the City of condemning the land outside the City. He felt that this should be purchased by a greater tax base than that of the City of San Luis Obispo. Councilman Petterson stated that he would like to hear some input from the public before making a statement relative to Councilman Gurnee's request. Councilman Graham reviewed that the present action being taken by citizens of Walnut Creek and other cities in the San Francisco Bay Area, who bonded themselves for $6 million so they could control their environmental surround- ings and growth. Mayor Schwartz felt that the Council and the people should consider what had ' been done, what could be done, and what could be done now with the open space surrounding the City of San Luis Obispo and particularly Mount San Luis. Now with the construction on the mountian, the people should recognize what could be done with other landmarks in the surrounding area. Mayor Schwartz declared the public session open. Ron Skow, 1130 Garden Street, opposed to the action suggested by Councilman Gurnee on the Mount San Luis issue. He urged that the citizens of San Luis Obispo start a recall against Councilman Gurnee. Jimmie Jones, retired engineer, opposed to the suggested City action in trying to stop Mr. Madonna from developing his property. He felt that Mr. Madonna had made many contributions to the City and its people, and he should be allowed to continue as long as it was done within the laws adopted within the County. Don Halloway, Building Trades Council, opposed to the City Council from placing more restrictions on private property and private development. Connan Nolan, Poly student, felt that the Madonna roads on Mount San Luis were not fire roads. He further felt that all government and public of San Luis Obispo should try to protect their environment of natural beauty. He felt Mount San Luis should be protected. Edward Shaw was in support of the City purchasing Mount San Luis in order to I control it. Mr. Hoss, 206 Halcyon Road, Arroyo Grande, was opposed to limiting of develop- ment of land by private owners. He felt that the City should support anyone who would bring jobs and improvements to the City. Greg Lomarks was opposed to action being taken in destroying or damaging a natural resource. He felt the mountain belonged to all the citizens of the City, County and State. City Council Minutes July 14, 1975 Page 3 James Lopes was in support of protecting Mount San Luis as a historical, natural landmark for the benefit of all the citizens of the County. He felt that the government agencies should work together to protect the natural scenic wonders of this area. He felt that the absolute use of private prop- erty was no longer valid as the good of the majority should come first. Peggy Ioppini, Santa Lucia Drive, objected to Councilman Graham's comment that the room was loaded with Madonna employees. She felt that most of the people present were people who loved and respected Mr. Madonna and what he had done for the City. Pete Kelly, 1812 Nipomo Street, supported Councilman Gurnee's action in bringing this most important issue to the people's attention. Lee Elkus, Madonna Inn employee, was in support of Mr. Madonna's attempt to beautify Mount San Luis with high -class development to benefit the City and the citizens of San Luis Obispo. She felt that most people supported the Madonna development on his own property. Bill Cooper, 378 Chorro Street, felt that the peak was a natural resource and should be protected for the future. He agreed that private development of private property should be allowed, but in this case he felt the public should own Mount San Luis. Mr. Sturgeon, 556 Patricia Drive, was in support of Mr. Madonna developing private property, and he was opposed to the government taking this privilege from the people without just compensation. He felt that Mr. Madonna had proved good taste in all that he had done within the City. He did not feel that anything done on Mount San Luis would be detrimental to the community or to the environment. Michael Sheffer was in support of protecting the natural historical value of the surrounding open space and opposed to manufacturing beauty such as ' the Madonna Inn. He felt that the natural resource of the area should be protected. Marion Wolfe was in support of protecting the natural environment of the community for the benefit of all the people. Walt Crawford was in support of protecting the natural environment. 9:30 p.m. Mayor Schwartz called a recess. 9:45 p.m. The meeting reconvened with all Council members present. Gerry Folsom, Dana Street, was in support of protecting Mount San Luis as a natural scenic and environmental asset of San Luis Obispo, and he felt all should be done to protect it for the good of future generations of San Luis Obispo citizens. John Folson offered one month's salary towards the purchase of Mount San Luis. Marion Sinsheimer was in support of Mr. Madonna's development of the mountain. She felt that anything Mr. Madonna would do, would be done in good taste. She questioned PG4E's right in destroying the Irish Hills with no complaints from the City Council or Mr. Gurnee. ' Lee Anderson was in support of public ownership of Mount San Luis. Mary Adler and Neil Hanson were in support of the road made by Mr. Madonna and felt it should be allowed to continue on his road, on his property. She had a petition of over 500 names supporting Mr. Madonna's develop- ment which would be turned over to the Council clerk when finished. Don Smith, Prefumo Canyon Road, urged the Council to purchase the top of Mount San Luis for public preservation of natural resources. City Council Minutes July 14, 1975 Page 4 Ron Vansel, 687 Islay Street, supported any action to protect the natural resources of Mount San Luis. He felt.that irreparable damage had been done to the mountain by Mr. Madonna, and-he doubted the validity of Mr. Madonna stating that these were fire roads or agricultural access roads. Paul Minton, 1346 Pereira Drive, opposed the development of Mount San Luis and felt the City should protect the natural views of the mountain. Robert Maddalena, Montalban Street, was in support of Mr. Madonna developing his own private property with fire roads. He felt that each person .should be allowed to protect his property from destruction as long as it did not hurt his neighbors. Curtis Berryman, O'conner Way, was in support of allowing private property owners to develop their property and supported the construction of a restaurant or other-development by Mr. Madonna on the top of the mountain. Dave Farmer was in support of the citizens' rights to stop a property owner from destroying a natural resource. He urged the City Council to purchase the top of the mountain on behalf of the public to protect it. Maxine Erickson, Arroyo Grande, was in support of Mr. Madonna protecting his from fire, to protect his cattle, and his land from destruction by fire. She stated that whatever would be done would be well done as had been proven by Mr. Madonna over the years. Charles Dills, Citizens Advisory Committee, was in support of the proposal by Councilman Gurnee to purchase Mount San Luis for heritage of future generations. Phillip S. Bailey, 1628 Royal Way, submitted a letter opposing the develop- ment of Mount-San Luis by Mr..Madonna.and. particularly the development of the so- called fire roads, which he felt were just destroying the sides of the mountain. ' Larry Martinez, Sunset Drive, was in support of public ownership of Mount San Luis in order to protect the visual and environmental benefits of the mountain. Sonya Norton, Pinecove, was opposed to Mr. Madonna's development of the mountain. She felt it should be under public control. Jack Barrows, 505 Felton Drive, was in support of preserving Mount San Luis for future generations. Mrs. Applegarth, Penman Way, was opposed to the development of Mount San Luis for future building. She felt that nothing could be.done by man to improve the visual effect of the mountain. Roger W. Shaeffer was in support of development of the mountain in order to keep the economy of the County viable and to keep people working as he felt this was a major problem in the County and particularly in the City of San Luis Obispo. Jim Filbin, realtor, was in support of developing private property by private developers to help the economy of the City and the County. Alice Landell, Del Norte Way, was opposed to the development of the mountain with roads, buildings, etc. Joe Cardoza was opposed to trying to stop Mr. Madonna from using his land to ' its highest and best use. Raymond McKenzie was opposed to developing Mount San Luis, but he did support any effort to protect the mountains from destruction by fire. He hoped the Council could get together with Mr. Madonna and protect the mountain. City Council Minutes July 14, 1975 Page 5 Martin Polin, Attorney, Chorro Street, was in support of protecting the mountain from development by Mr. Madonna with roads or other development. He felt that the scar put into the mountain by Mr. Madonna was ugly and would take years to heal. Further he understood that Mr. Madonna intended to improve the roads to avoid further damage. He urged the City to purchase the land with tax money.' He felt that a 140 acres could be purchased for a very low price as he was also in the real estate business and knew the values were quite low for this type of land. ' Henry Meyers, Los Osos Valley Road, felt the City should purchase the mountain in order to protect it from further destruction by the owner. Edna Mayes, Oceanaire Drive, was in support of allowing development of San Luis Mountain. She did not feel that the fire roads would hurt the view if Mr. Madonna was allowed to finish it, clean it up, replant it, etc. Dan Danley was opposed to public ownership of Mount San Luis. He stated the City Council had done more damage to Edna Saddle in order to hide their water tank than Mr. Madonna could ever do with his fire roads or agricultural roads. Homer Odom, 2976 Flora Street, was in support of allowing Mr. Madonna to develop his property and not have the City purchase it with tax funds. He felt that in any discussion of San Luis Mountain development, the Council must recognize the man, Mr. Madonna, and what he had done and would do. Further, he wished to inform the City Council that in no way would Mr. and Mrs. Madonna sell willingly one square inch of their land to the City. If the City wanted the land, they would have to condemn it, with a subsequent high legal cost. He also wished to inform the Council that you measure a man by what he had done in order to judge what he would do. He felt that Mr. Madonna had measured up as a good neighbor. He continued that what the Council should realize when considering purchasing Mount San Luis was the cost benefit of the use of this tax money. He felt that 1 an honest appraisal of the purchase would show that this purchase would be far down on the City priority list. He listed such items that were needed as flood control, relocation of Prefumo Canyon Creek, completion of the needed sewer and water system improvements, etc. He suggested that the City Council either as a group or individually meet with Mr. Madonna and see just what he planned for his property. He assured the Council that what he planned would amaze the Council and please them. Finally he also felt that government did not .do as good a job with land management as an individual. He urged the City Council to allow private property owners to develop their own property. Mayor Schwartz declared the public hearing closed. Councilman Gurnee reviewed with the Council some of the comments made during the public hearing. He felt that nothing presented had altered the major point which was the scar on the side of Mount San Luis and the damage done by the construction of the so- called fire roads with their potential for future floods and plugging of the major drainage ditches on the sides of the mountain. He felt that this mountain should be protected from further destruction for future generations to enjoy. In this instance the mountain should be put under the special stewardship of a public agency in order to protect it. He felt the Council should take steps to purchase the mountain for public ' ownership to protect this historic natural resource. Further, he would urge the State to begin action to protect all the Morros, and he would work for a County bond issue to purchase all the Morros for the public. Finally, he urged his fellow council members to stop the development of the fire roads on the mountain. Councilman Norris stated that the people keep saying "our" mountain, when it was not "our" mountain, but belonged to a private owner. He also felt that any property owner should be allowed to protect his property from fire and allow him to use it for agricultural purposes. He stated that he personally City Council Minutes July 14, 1975 Page 6 would not support any action to spend City tax money to buy a piece of land located outside.the City-of San Luis Obispo with no access to the property from the,City. Finally, he was sure that if allowed, Mr. Madonna would clear up these fire roads and they would not hurt anyone's view from anywhere in the City. Councilman Petterson felt.that history had shown.that government agencies have not done as good a job in land management as private property owners... For example, Morro Rock and the Edna Tank site. He felt these were poor examples ' of management and he agreed that Mr. Madonna had done a poor job with his fire roads on Mount San Luis. He felt the City should meet with.-Mr. Madonna to see what he was planning for his property, and then try to work together to protect the area for all people,.private property owners.and citizens. He felt the City Council should decide on what they wish their goals -to.be in the way of open space and then take it to the people to see if they support the Council policy with a bond issue. Councilman Graham felt that Mr. Madonna was wrong in the way he .approached the fire roads on Mount San Luis. He felt these roads were damaging to the land and to the view. He felt that this mountain was enjoyed by all the people of San Luis Obispo and should be preserved by the public for their use. He felt.the damage done to the mountain was irrevokable including possible future floods and.rock slides. He was sorry to hear that Mr. Madonna would not sell the mountain without a court fight, but as far as he was concerned, he would move ahead with condemnation. Mayor Schwartz felt the City.of San Luis Obi spo.had a long history.of showing Mount San Luis as open space starting with the 1961 adopted-General Plan,. and this.plan had never been changed in all these years by either the City Council or the County Board of Supervisors. He stated that the plan had been to acquire Mount San Luis, Mount Bishop, and the saddle between for the public either through purchase or by easements.. He then reviewed what was meant by open space: 1) no public access, 2) limited access, 3) no development, 4) limited development, .5) roads or no roads; and ' concluded that there were many methods of implementing.these.open.space plans without direct purchase. The Mayor continued that what disturbed.most people as far as he was informed was that the property owner put in.the fire roads without any input from the County agencies or City cooperation. While he felt the City or some other public agency should buy the mountain, a review..of the current budget showed that there was no money to buy the mountain. He finally stated he felt the City must rely on the good faith of Mr. Alex Madonna to correct and put to good order what he had done to the mountain. Also, he stated the City must rely on Mr. Maodnna's word that they were.fire roads only. He hoped that the property owner would attempt to clear up the scars put on the mountain by his fire roads. While he recognized the City's right to condemn the property, he did not see the money being available to proceed. Councilman Gurnee stated that the.Administrative Officer, Richard D. Miller, informed him that there was over $300,000 of City funds available for purchase of the mountain. He felt the City.should proceed with purchase with all pos- sible haste. There being no further discussion, the meeting adjourned to 12:10 p.m., Tuesday, July 15, 1975, on motion of Councilman Gurnee, seconded by Councilman Graham. Motion carried, all ayes. APPROVED: October 6 1975 .. �tzpatrick,.City Clerk