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HomeMy WebLinkAbout07/21/1975City Council Minutes July 21, 1975 Page 2 Human Relations Commission: Mike Reynolds Term expiring 6/30/78 Walt Lambert Term expiring 6/30/79 Wallace Martin Term expiring 6/30/78 Joe Turner Term expiring 6 /30/79 Roland Hill Term expiring 6/30/79 Gail Sorenson Term expiring 6/30/78 2. Communication from Mort Baldwin, President, Central Coast Chapter, , Californa Association of the Physically Handicapped, presented certificates of appreciation to the City Council for their support of the.CAPH Handicrafts- men Center. 3. At this time the City.Council held a public hearing on the notice to determine existence of a public nuisance and to abate in whole or in part the improvements existing upon the premises designated as 1366 Ella Street. The alleged nuisance consisted of a fire damaged structure with possible action which might be authorized by the City Council of: 1) demolish the structure, or 2) rehabilitate in accordance with plans approved by the City. The City Clerk, J.H. Fitzpatrick, reported to the City Council that he personally served on the property owner's representative and the alleged owner of the building a notice of public hearing and a copy of Resolution No. 2812 (1975 Series), finding a possible public nuisance and ordering the public hearing. A.J. Shaw, City Attorney, explained the steps the City Council must consider in taking action under the nuisance abatement proceedings. Don Sylvia, Fire Marshal, reported 1975 an inspection of the premises doing anything at 1366 Ella Street regulations of the City. He then submitted for the Council' of actions taken by City officials structure at 1366 Ella Street. to the City Council that as of July 18, showed that no action had been taken in , to comply with the fire and building s information a chronological.description to abate nuisance on the fire damaged He stated since February 20, 1974 nothing had been done with the structure. A.J. Shaw, City Attorney, asked that the Fire Marshal be sworn in. He then reviewed the physical condition of the structure at 1366 Ella Street and the violations existing at this time in the structure. Mayor Schwartz declared the public hearing open. Charles Delmartini, alleged owner of the building, stated that the plan was to move the building to a lot on Meadow Street, but due to the excessive cost of extending a City waterline to serve this lot and adjacent property, it had not been moved. He hoped that this could be accomplished within four weeks at the outside. He hoped the City Council would go along with this time extension as he was sincerely attempting to move this project along Charles French, representing the property owner, stated that if Mr. Delmartini, owner of the house, did not move it, he would then have it torn down in accordance with the City Council's wishes. ' Mayor Schwartz declared the public hearing closed. On motion of Mayor Schwartz, seconded by Councilman Petterson the following resolution was introduced: Resolution No. 2844 (1975 Series), a resolution of the Council of the City of San Luis Obispo finding the existence of a public nuisance at 1366 Ella Street and ordering the abatement thereof ( Delmartini). I 1 1 City Council Minutes July 21, 1975 Page 3 Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None 4. Memorandum from Fred Strong and associates submitting facts based on his appeal for the City Council to take no action regarding the Weymouth rezoning on Tank Farm Road adjacent to the County Airport. Robert Strong, Community Development Director, reviewed for the City Council the action taken on June 16, 1975 at which time the City Council supported the action of the City Planning Commission in recommending that the County Board of Supervisors reject the proposed rezoning of property owned�by Weymouth adjacent to the County Airport. He stated that the City Council at that time supported the action of the Planning Commission and recommended that the Mayor and /or his designated representative appear before the Board of Supervisors supporting the rejection of the requested rezoning. Fred Strong, representing Strong $ Associates and representing the Weymouth property owners, appeared before the Council urging that the City Council rescind their premature action of June 16, 1975 in opposing the proposed rezoning of this property. He submitted a report supporting his contentions that the City should remove their opposition to this rezoning. He submitted evidence dealing with the San Luis Obispo County Airport Land Use Plan dealing with noise contours, and he felt that this property could only be developed to industrial or light industrial uses due to the fact that the land had been spoiled by oil fires many years back, the proximity of the airport would prohibit residential development, and the property could neither be used for residential nor agriculture and thus it seemed unfair to limit the prop- erty owner to no use at all. Robert Strong, Community Development Director, submitted evidence in an attempt to refute the facts submitted by Fred Strong on behalf of Weymouth. He concluded by stating that the 1965 General Plan of the County designated the north portion of the property as light industrial, but this portion of the property the County proposed to require for airport clear zone. The adjoining property on the north was zoned M -1 consistent with the General Plan, while the 40 acres under discussion was consistent with the plan under its present A -1 zoning. The lot split which created the four parcels indicated the intended use as agricultural. Councilman Gurnee stated that he was still in support of the prior Council action and would support the Planning Commission and Planning Department's recommendation. Councilman Norris stated he too was in support of the Planning Commission's recommendation and would support the Council's prior action as he felt the rezoning was premature. Councilman Petterson stated he would support the prior action of the City Council but hoped that industry would still come to the City in this particular area.. Councilman Graham was in support of protecting the agricultural land from industrial development and.would continue to support prior Council action. Mayor Schwartz agreed that he would support the prior Council action as no new evidence was presented this evening to change his mind. On motion of Councilman Graham, seconded by Councilman Petterson that the City Council reassert the prior Council action and support the Planning Commission's resolution opposing this rezoning before the County Board of Supervisors. City Council Minutes July 21, 1975 Page 4 S. At this time Councilman Gurnee submitted.for.the Council's con- sideration three resolutions regarding San Luis Mountain. One resolution was that the City purchase a portion of San Luis Peak from the City's reserve funds set aside for open space acquisition. The second resolution would request State action to protect the balance of the Morros. The third resolution would ask the County to take action to .enforce its laws to protect the Morros. Councilman Gurnee continued that the Council majority had bent over backwards to avoid the tough actions that needed to be taken. Requests to Mr. Madonna not to grade on the south side and statements taking Mr. Madonna's word had only seen the result of increased grading.activity and steadily worsening scarring of this ancient landmark. This whole incident had.depended upon the near comical inability of local government to protect the environment from the abuse of those who wielded power in the community. He urged the City Council to consider passage of these three critical resolutions to protect the mountain from further destruction. He estimated that the top of the mountain could be purchased by the City for a reasonable amount, an amount less than one -half the cost of remodeling City Hall. He concluded that the issue before the City Council was where the laws of the County were to be enforced equally to everyone or were certain ' individuals to be exempted from all laws and from responsibilities of protecting the environment. Mayor Schwartz declared the meeting open to public input. Rose Barger, Brook Street, stated she was in support of the property owner developing his property and opposed to spending City taxpayers money to buy the mountain when the City Council and City employees did not even take care of the problems within the City, for example the debris and problems 'caused by the 1973 flood have still not been cleaned up in her area of the community. Bill Cooper, Chorro Street, was in support of any effort to protect the peak. He submitted a petition,'218 names, to adopt a resolution.asking the Board of Supervisors to take the necessary steps to prevent further outrages of this kind, not only on Mount San Luis, but the other Morros. Fred Strong, lessee, was opposed to the adoption of the proposed Gurnee resolu- tions. He felt that as long as the.property owner was acting within County laws, he should be allowed to complete his plans to develop fire roads on the mountain. Irene Ray was in support of the Gurnee resolutions to protect Mount San Luis. Rick Rawls, outside City resident, was in support of any action to protect Mount San Luis. He was particularly in favor of all laws being enforced.equally for the rich and the poor, for landowner or renter. Jimmie Jones, Arroyo Grande resident, representing the operating engineers union, was in support of the property owner's right to use his property as he saw fit as.long as City and County laws were enforced equally. He was in support of Madonna's development of Mount San Luis and opposed to the ' use of City taxes to take more land off the County tax rolls. Don Smith, Laguna Lake, was in support of the three resolutions and use of any amount of tax money necessary to buy the mountain. Ruby Ward, Arroyo Grande, was opposed to Councilman Gurnee voting on this issue due to his personal involvement'to date. Jim Filbin, realtor, rural resident of San Luis Obispo, was opposed to the three resolutions proposed by Councilman Gurnee, and he was opposed to City tax money being used for this purpose. City Council Minutes July 21, 1975 Page 5 Jim Sweet, 742 Boysen Avenue, was opposed to the Council's action to purchase Mount San Luis Obispo with City .tax money. He felt Mr. Madonna's action would do more to protect the mountain than if the City owned it. He was also opposed to the City hassling a property owner because of his large property holdings. Bill Ireland, San Luis Obispo, was opposed to the City Council's proposed action in buying Mount San Luis with City funds. Rita Henry, Ramona Street, was in support of Mr. Madonna's action to protect his property and further assured that Mr. Madonna would clean up the spoil, plant trees and protect the view. She was opposed to the City condemning property to satisfy a small minority of City residents. Blayne Asher, Flora Street, was opposed to the Council considering the use. of City tax money to buy Madonna's ranch to satisfy a small group of individuals. He felt the City should use their tax money to take care of the problems within the City that they had ignored for too long. Mrs. Mach, 1684 'Alrita Street, was in support.of the Council.'s attempt to purchase Mount San Luis in order to protect the natural beauty of the area. Diane Furton was opposed to the Council's proposal to buy Mount San Luis. She felt that Madonna would plant and clear up the spoil areas and the roads would not be noticeable. She was opposed to purchase and condemnation. Ron Furton was opposed to all three proposals by the City and wanted the government out of private enterprise. Diane MacIntire was in support of preserving the mountain and stopping Mr. Madonna. Mayor Schwartz declared a recess at 9 p.m. The meeting reconvened at 9:10 p.m, with all Council members present. Paul Crawford, Chorro Street, was opposed to the three Gurnee resolutions and urged that the matter be put to a vote of the people before the City Council spent this kind of money for-that property. Peggy Ioppini, citizen of San Luis Obispo for 35 years, was opposed to the three Gurnee resolutions, and she felt that as long as the property owner was within the County law, the City government should stay out of it and let him protect his property the best he can. She stated that in her mind there was no doubt that these were fire roads. John Emerson, County resident, stated that if Mr. Madonna broke any laws he should be prosecuted. If he had not, then the City should get off his back. He stated that Councilman Gurnee had a personal grudge against Alex Madonna and the City Council should not encourage this type of action by an elected official. Russell Johnson was opposed to the Gurnee resolutions and did not want the City to spend his taxes on buying Mount San Luis. He felt the property owner should be allowed to develop his property within the laws and without interference of City government. Alex Ramey, property owner, was opposed to the City Council spending public funds to buy Mount San Luis. He was opposed to Councilman Gurnee's three resolutions. He also felt that a property owner should be allowed to develop his land within existing County laws. If there were no violations, they should leave him alone. John MacDonald, Calle Jasmin, was opposed to using tax moneys outside the City. Jim Hosman, Arroyo Grande, construction worker, was in support of property rights and felt that as long-as property owners stayed within the law, they should let him go and do his thing. He was opposed to the Gurnee resolutions. City Council Minutes July 21, 1975 Page 6 Starr Jenkins was in support of the Gurnee resolutions to protect the peaks and valleys to preserve the beauty of the area. He said take all the money you'have and buy the peaks and saddles and see what happens. Mrs. Maxwell, Meinecke Street, was in support of the City spending public funds to purchase Mount San Luis. She felt that everything should be done to protect the beauty of the area. She urged that the City buy all the peaks for the future. Irene Doyle was in support of the Gurnee resolutions and felt that the money should be used to buy the mountains. Eva Main was in support of protecting our environment and hoped the Council would adopt the Gurnee resolutions. She would support using all the tax money to buy the peaks and valleys. Silvo Rigello, 1895 San Luis Drive, was opposed to'the Gurnee resolutions. He did not want his tax money used to buy land outside the City, while so many problems existed within the City to which the City Council had lent no support. He gave personal experiences in the flood when the City.Council said there was no City money to correct the problems and now they had all the money to buy the peaks. He felt that the City should protect the home- owners in San Luis Obispo first. Altha Meissner was opposed to Councilman Gurnee's resolutions and use of tax funds to buy the peaks. Mr. Barrows, Meinecke Street, was in support of the Gurnee resolutions, use whatever City funds necessary to buy the peaks or to protect them. Joe Munzio was in support of the Gurnee resolutions and would like to see the government buy all the peaks. Mrs. Dorothy Conner, President, League of Women Voters, was in support of protecting all the Morros and peaks in San Luis Obispo County. She felt that ' the government should buy all the Morros in order to protect them for the future. She stated that the League supported all resolutions before the City Council, but hoped it could be done without interference from the State. Ron Elkins was opposed to the purchase of the peaks by the City. He felt the City should take care of the problems within the City and not. in the County. Further, purchase by the City of Mount San Luis would not make fire roads go away, so what would be accomplished. He felt the property owner, if given the opportunity to remedy and have the scars on Mount San Luis cleaned up, would do so. He questioned the motives of Councilman Gurnee in making the proposal before the City Council. He felt there was more to it than open space, roads, etc. He felt the City funds could be better used within the City for the support of their citizens. Tom Lee was opposed to the three Gurnee resolutions and supported Mr. Madonna's plans for Mount San Luis. David Lacey, West Street, was in support of the Gurnee resolutions and opposed to the fire roads. Neil Hanson, Jr., Leff Street, was in support of Mr. Madonna building fire roads on Mount San Luis. He too had a petition in support of Mr. Madonna with 384 names. Gordon Curzon, Johnson Avenue, was in support of Mr. Madonna's.plan to develop , Mount San Luis as long as it was done within the laws of the State and County and he was also in support of Mr. Gurnee's resolutions. Jerry Bond was opposed to Gurnee's resolutions, opposed to using City funds to buy Mount San Luis when so much was left undone within the City, such as sewer lines, water, recreation buildings, etc. He felt the City Council never had money to make needed utility improvements to serve the people of San Luis Obispo, but they always have money for something like this. City Council Minutes July 21, 1975 Page '7 Anne Lee was opposed to the Gurnee resolutions, felt that.Mr. Madonna would do a good job with whatever he did. Ms. Overman was opposed to the Gurnee resolutions and felt that Mr. Madonna should be allowed to do what he wished with his property. Bob Barnett was opposed to the Gurnee resolutions, felt that the so- called scars on the mountain would.soon cover over and there would be no problem. Charles Dills, Citizens Advisory Committee, was in support of the Gurnee resolutions to buy and protect Mount San Luis. He felt the area should not be allowed to grow in order to protect the environment. Kim Weber, County Planner, supported good planning and good land use for the City and County of San Luis Obispo, which would make for a good living environment for its citizens. He would support the resolutions offered by Councilman Gurnee in order to protect the Morros from being developed. He hoped the City Council would buy the entire Mount San Luis. Jack Barrows was in support of the Gurnee resolutions in order to protect the quality of life in San Luis Obispo. Pat McKenna, Arroyo Grande, was opposed to Gurnee's resolutions, felt the property owner should be allowed to develop his property within County laws and regulations. Eleanor Bonin, Del Mar Court, was in support of Gurnee's resolutions. Al Bonin, Del Mar Court, was in support of Gurnee's resolutions. Paul West was in support of the Gurnee resolutions as he felt that Mr. Madonna should be required to comply with applicable laws under the rules before developing his land. ' Helen {gam ler was opposed to the Gurnee resolutions, felt it was not fair to continue discussing this item week after week after week. Chris Curzon, Johnson Avenue, was in support of the Gurnee resolutions and opposed to Mr. Madonna's operations on Mount San Luis. Kurt Kupper, County Supervisor, was in support of City taking action to protect the Morros as the County Board of Supervisors had been unable to take a stand on the issue. He stated that-the-Board today took action and turned its back on preserving the Morros. Jerry Holland, Balboa Street, was .opposed to the Gurnee resolutions, felt it was naked use of government power, which he felt was wrong. He felt Madonna would do a good job in reseeding the cuts if given the opportunity. He urged the City Council to meet with Mr. Madonna to see what his plans really were and work it out with him. Edna Mayes was opposed to Gurnee's resolutions and attempts to take over private property with government money. Roy Garcia was opposed.to the resolutions and also to Mr.-Gurnee's tactics as an individual as he really questioned Mr. Gurnee's motives in this issue. Thad Brown supported Councilman Gurnee's resolutions and opposed Mr. Madonna and his fire roads. Dr. Fields, Architectural Review Commission member, was in support of the Gurnee.resolutions and opposed Mr. Madonna's action in developing fire roads on Mount San Luis. He urged the City Council to buy the whole mountain. Blayne Faucet, Laguna Lake, was opposed to the Gurnee resolutions. Homer Odom, representing Alex Madonna, was opposed the the Council's consid- eration of the Gurnee resolutions as it affected Alex Madonna's development of fire roads on Mount San Luis. He stated that Mr. Madonna, to date, had complied with all laws of the County as it dealt with fire roads and agri- cultural operations, but if he made any-development, he must comply with all City Council Minutes July 21, 1975 Page 8 zoning and building laws of the County. He continued that he was opposed to the City using tax funds to buy Madonna's property as he stated that the property owner would not sell willingly and the City would be required to go through the eminent domain procedures which would cost the taxpayers many thousands of dollars more than Mr. Gurnee estimated or the value established by the Telegram Tribune. He concluded that he could guarantee that when the fire roads were done, Mr. Madonna would put a cosmetic treatment on fills and cuts, and put the mountain back into its original or near original condition as before. Martin Polin, attorney, 1026 Chorro Street, was in support of the three Gurnee resolutions to acquire and control development on .Mount San Luis. He felt the mountain had been ruined beyond all repair, but it must be owned by the public in order to control it and to avoid further damage. Bruce Strasky was in support of the Gurnee resolutions. Marion Wolfe was in support of Gurnee resolutions to acquire Mount San Luis and protect all the peaks in the County. Carl Rosenberg, Cal Poly student, was in support of preserving the wilderness areas and peaks, and was also in support of the Gurnee resolutions. Kevin O'Connor was in support of the Gurnee resolutions to protect the peaks and particularly Mount San Luis. Mayor Schwartz declared the public hearing closed. The City Clerk was instructed to read the Madonna letter of July 21, 1975. In reply to the City Council letter of July 8, 1975 requesting that Mr. Madonna cease and desist placing fire roads on the southern and western slopes of Mount San Luis, Alex Madonna stated that the City could be assured that he was deeply concerned. It was his love for the mountain that motivated him to build a road to assist in protecting it from future fires. He stated he was born and raised in this community, and he planned to live here the rest of his life. Anything he would do to the mountain .would be in the effort to enhance its beauty and its contribution to our environment and to our way of life. Please be assured that the'road was presently only "roughed in. "' Much effort would be taken to make it blend in with our surroundings. Like the remodeling of City Hall and other partially completed projects, it was difficult to visualize what the finished job would look like. He stated he had a complete and detailed response to the specific concerns raised in the City's letter partially drafted. He would have it before the City within the next few days. He felt sure that this reply would help to satisfy the City and the people of San Luis Obispo that the work presently underway would be to the benefit of all who consider this a wonderful place to live and want to keep it that way. Councilman Gurnee again reviewed the reasons that he was asking for Council support of the three resolutions he presented'. He believed that this was the only way to protect the mountain. Councilman Norris was opposed to the City buying any portion of Mount San Luis. He felt that there must be a better way than solving all City problems by buying up private property. Therefore, he would oppose the resolution asking the City to acquire Mount San Luis. He could not support the resolution taking the County government to ask for allegedly stating that the County Supervisors were not doing their job. Finally, he did not support turning over the Morros to State government to control, and he would not support any of the Gurnee resolutions. Mayor Schwartz felt that each member of the Council was under great stress and pressure on this issue. He continued by reviewing the City policy since 1961 that the General Plans had always shown the two mountains and the saddle as open space. He stated that open space did not necessarily mean City Council Minutes July 21, 1975 Page 9 public.ownership. While he.did not-wholly agree with Mr. Gurnee's resolutions asking:.the - County.action:to'_enforce..its -i•aws .to. protect the. Morros.as.he did_ not. agree. with -: all ..wording,.but.if.amended -,.he would-support-the-resolutions in principle._as:.far:as.a resolution:-..asking� the State to take action to .protect the Morros was concerned. He could support the resolution to .protect the Morros. He would -also support the..resolution.asking for information on acquiring the mountains and under.what. conditions, values, funds, etc. Councilman Petterson stated -he was:disappointed with the action .taken by the-.District Attorney-and the.-Board of.Supervisors as it-involved.environ- mental impact reports and grading.laws.. He felt that the grading of fire roads should have come under state or county laws: He.would support the third resolution if amended to•take.:out the inflammatory language. He.did not feel that he could support.acquisition of the peaks with tax.funds as he felt .that there were greater.public -needs for City money. He did not feel that state control was the answer but felt that some action must be taken...to protect the mountains., Councilman Graham stated.he would-support all three of Councilman Gurnee's resolutions as he felt there was a need to protect not only Mount San Luis, but all the Morros to the coast. ...On motion.of Councilman Gurnee; seconded-by-Councilman Graham.the following resolution was introduced: Resolution -No. 2831 (1975 Series), a resolution of the,Council.of_ the City.of San Luis Obispo requesting County actions to . protect the Morros.. Passed and adopted on the following .roll call vote: AYES:: Councilmen Graham, Gurnee; Petterson and Mayor Schwartz NOES: Councilman Norris ABSENT: None On motion -of Mayor Schwartz, seconded -by;.Councilman:.Gurnee the-following resolution was introduced: Resolution No. 2832 (1975 Series), a resolution .of the Council-of the City of San..Luis-.Obispo requesting immediate action by the State of California in the acquisition and /or preservation program of the Morros. Passed and adopted on the following roll call vote: AYES:- Councilmen-Graham, Gurnee and Mayor Schwartz .NOES:. Councilmen Norris and Petterson ABSENT: None On.motion.of Mayor Schwartz, seconded--by Councilman Gurnee.,the following .resolution -was introduced: Resolution No. 2833 (1975 Series), a resolution of the Council of -.the City of San .Luis Obispo ordering•the - preparation of. a.report regarding the expenditure of reserve funds for the acquisition of the summit of San Luis Peak. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz tNOES: Councilman Norris ABSENT: None .. , . .% ... . On-motion of.Councilman.Norris-, seconded.by Councilman,.Graham the:- meeting adjourned to 12:10 p.m., Tuesday-;'July 22,.1.975, Motion carried. APPROVED: October 6, 1975 Fitzpatrick, City Clerk