HomeMy WebLinkAbout05/14/1981City Council Minutes
May 14, 1981 - 7:00 p.m.
Page Two
Mayor Billig opened the public hearing.
Shannon Horn stated that he might have been instrumental in bringing this
before.the Council and was therefore pleased that the Council was now
hearing it. He was concerned, as he owns approximately 3 acres, where
much of this trouble lies. He stated that barricades and signs seem to
do no good as the people still jump the curb and drive recklessly in the
area. This creates a hazard, refuse problems, etc. He said the County
Environmental Agency had just recently put signs up in the area but they
were torn down in a two week time period. He urged Council adopt the
ordinance.
Tom Schumann also supported the ordinance as he remembered that Orcutt
Hill had had this same problem with young people destroying the environment
and that they could be hurt and he felt that this ordinance would help.
Mayor Billig closed the public hearing.
Roger Neuman, Police Chief stated that this same item had been before the
Council since 1974. The biggest problem was enforcement. He felt that if
the ordinance was adopted it would be easier to enforce as the Police Depart-
ment could turn towards the signs that showed that these people were breaking
the law and he felt that they would get more cooperation. Additionally, the
Police Department would need more cooperation from the property owner. The
property owners must notify the Police Department the moment a problem exists.
Also, he would encourage that people be willing to testify.
Councilwoman Dovey stated.that she could support the ordinance adding the
condition that the area be signed property.
On motion of Councilman Settle, seconded by Councilwoman Dovey, the following
ordinance was introduced: Ordinance No. 886 (1981 Series), an ordinance of
the City of San Luis Obispo amending Section 4289 of the San Luis Obispo
Municipal Code to prohibit the operation of motor vehicles on the unimproved
portions of private premises without the owner's permission; proper signing
also to be installed in the area. City Attorney directed to send a copy of
the ordinance to each of the property owners explaining the parameters of
the ordinance. Introduced to print on the following roll call vote:
AYES: Councilmembers Settle, Dovey, and Mayor Billig
NOES: None
ABSENT: Councilmen Bond and Dunin
3. Fire Protection Outside the City
Dick Minor, Fire Chief, stated that on March 15, 1971, the City Council
authorized the City Fire Dpeartment to respond to fires at West Side Tire and
for the California Department of Forrestry to take over suppression upon
arrival. He stated at the time the agreement was reached there were no
other immediate fire protection resources other than that being provided by
the City _Fire. Department. Since that time the California Department of
Forrestry had provided limited fire protection resources at the County
Airport. It was his opinion that fire protection services of the City Fire
Department were no longer needed on an initial attack basis. They would
however, continue..to work in a cooperative manner with the California
Department of Forrestry /County Fire Department under the existing mutual
aid agreement. He said that by rescinding the agreement of March 15, 1971, ,
it would remove the implied obligation for the Fire Department to provide
similar services to other businesses and residences that lie beyond the
city limits.
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City Council Minutes
May 14, 1981 - 7:00 p.m.
Page Three
After brief discussion, it was moved by Councilwoman Dovey, seconded by
Councilman Settle, to adopt the follwoing resolution: Resolution No. 4481
(1981 Series), a resolution of the City Council of the City of San Luis
Obispo rescinding direction that the City Fire Department shall respond
to fires at Westside Tire on Edna Road, and amended to read: "Whereas,
other adequate fire protection is available to the site."
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dovey, Settle, and Mayor Billig
NOES: None
ABSENT: Councilmembers Dunin and Bond
7:40 P.M. Councilman Dunin arrived at the meeting.
4. Mission Plaza Extension
A. Consideration of an ordinance of the City Council of the City
of San Luis Obispo adopting a planning area for the Nipomo Phase of the
Mission Plaza Extension and requiring dedication of property within the
planning area under certain circumstances.
B. A resolution of the City Council of the City of San Luis Obispo
approving application for Land and Water Conservation Funds for the
Mission Plaza project.
A. Upon general consensus of the City Council it was decided not
to pursue this ordinance at this time but rather to contact all affected
property owners and give time to discuss with them just what the Council
hopes to achieve and to define what the overall program should be.
B. Councilman Settle stated that the City should pursue this in
all due haste.
Councilwoman Dovey agreed. She felt the City should apply for the Land
and Conservation Grant as soon as possible.
Councilman Dunin cautioned staff as to what was to be put in the applic-
ation, to be sure that they knew that the City was planning only Mission
Plaza.
Henry Engen, Community Development Director stated that corrections were
being made to the final site plan which would include taking out the
Amphetheatre Designation and Tot Lot. The public walkway next to the
Nelson property would also be excluded from the plan.
Mayor Billig stated that she was concerned that all utilities be put
underground.
Henry Engen advised that an undergrounding district proposal covering
this section of the downtown would be coming to the council this summer.
On the motion of Councilman Settle, seconded by Councilwoman Dovey, the
following resolution was introduced: Resolution No. 4484 (1981 Series),
a resolution of the City Council of the City of San Luis Obispo approving
the application for Land and Water Conservation Funds for the Mission
Plaza Project.
Motion carried on the following roll call votes:
AYES: Councilmembers Settle, Dovey, Dunin, and Mayor Billig
NOES: None
ABSENT: Councilman Bond
City Council Minutes
May 14, 1981 - 7:00 p.m.
Page Four
5. Growth Management Program
Henry Engen, Comunity Development Director, stated that the Council had
adopted an interim Growth Management Ordinance which established annual
housing construction limits and a reporting procedure, while directing staff
to prepare a long -term growth management program. Before drafting any
specific proposals, staff was now asking council direction on major issues.
He continued that it was his hope the Council would use his outline to
establish basic directions for the program. He felt it was best to build
the growth management program on the foundation provided by the general
plan which related growth to balance between jobs and housing, available
resources, and the planned expansion of the city. He continued that
San Luis Obispo already had adopted the component part of a "Growth Man-
agement Program": The policies in various general plan elements, including
the land use map, zoning and subdivision regulations, and charter provision
requiring voter approval of annexations. However, the combined effects
of these separate measures may not produce the effects desired by the
community and the council. He then gave a brief rundown of the policies
and regulations which were already in place and asked the Council to take
them one by one and let him know any additional direction they might have
for staff.
General Plan - Land Use Element
The residential areas designated on the plan within the city limits could
accommodate about 45,000 people if fully developed. "Minor expansion
areas" could accommodate another roughly 700, while "major expansion areas"
could accommodate another roughly 7,100 people. Before the major expansion
areas are annexed and developed, their water supply and sewage treatment
needs, in addition to the needs from all planned development within the
city limits, must be met. Development plans must be prepared for the
minor expansion areas, while specific plans must be prepared for the 1
major areas. These plans may provide annual growth phases, as has been
proposed in the Edna -Islay Specific Plan.
The Land Use Element adopted in 1977 designated less area for industrial use
than previous plans, but no attempt was made to match commercial /industrial
employment capacity with residential capacity, considering the large public
sector employment.
The Land Use Element.implies growth - including activities should be dis-
couraged. It also says the city's population should not grow faster than
2% per year during the 1980's, while not exceeding 1% per year during
1990's. It does not speak to the desired growth rate after the 1990's.
Mayor Billig stated that she was concerned that.a 2% growth rate be adhered
to and she felt that the best way to do it was to adopt this plan.
Councilman Dunin felt that employment should be disregarded in the general
plan. Any reference to this should be taken out. He felt the City should
not preclude young people being able to work in their own city. He would
encourage a program to provide work for the local labor force; he would,
however, discourage industries which would bring in people living outside
the community.
Councilman Settle agreed with Councilman Dunin's remarks. He also would
encourage staff to not discourage potential industries from locating inside
the city limits.
Mayor Billig stated she would like to see some similarities made between
Commercial /Industrial employment capacity with residential capacity. Council
should provide direction to staff so that when developers come in they have
some idea of what to expect.
Councilman Dunin stated that consideration should be given to the eventual
outcome of this discussion, that the consensus of whether partial or total
exclusion of the industrial market does not result in the moving of industry
outside San Luis Obispo. He felt that we were losing valuable tax dollars
to the county and that was one reason why the county was not bothering with
the city's general plan. He felt the city was treading on very thin ice.
City Council Minutes
May 14, 1981 - 7:00 p.m.
Page Five
Councilwoman Dovey stated she would support the idea of development plans
being prepared for the major areas. She felt that growth- inducing activities
should be discouraged. She would support studies on relationship of employ-
ment versus housing.
Mayor Billig felt that there should be some reference made to employment
versus housing, such as the California Men's Colony and Cal Poly as public
sector employment.
Councilman Dunin opposed this. He stated he would not support any program
that discouraged employment.
Councilman Settle stated he agreed that there should be some similarity
between housing and the public sector employment. At this time there was
general consensus (3 -1) favoring housing and public sector employment .:.
comparisons.
General Plan - Housing Element
The Housing Element recognizes that providing for household growth
generated by the present population plus accommodating a share of regional
in- migration would require addition of about 300 dwellings per year during
the 1980's, which corresponds with the 2% growth limit. The Housing Element
says growth- inducing activities should be discouraged while housing supply
expands to meet the demands of those already living in the area.
San Luis Obispo County Land Use Element
Not adopted by the city, includes policies generally compatible with the city's
which aim to prevent intensive commercial /industrial or residential use in the
vacinity of the city.
1 By general consensus, the above two paragraphs were approved as written.
Henry Engen advised that this serves as a re- affirmation of existing
policy. Should the Council find itself disagreeing with existing plans
it would take initiation of a general plan amendment to change.
Higuera Commerce Park Specific Plan
Indicates that proposed industry in the planning area should serve predominantly
local and regional needs rather than interstate or international markets.
Industries involving more than 20 employees require conditional use permits
to assure "control of relatively large basic employment proposals ".
Councilman Dunin stated he was opposed to trying to control employment.
Councilman Settle was aftaid that by limiting industries to require a use
permit (if they employed 20 or more employees) would discourage than from
locating inside the city.
Councilwoman Dovey.stated that she would have no problem with this as she
felt this allowed for a flag warning to the city should a large industry
approach the city that would not be using local people.
Mayor Billig agreed with Councilwoman Dovey and stated that these flags were
' also necessary to alert the City to the additional water and sewer needs and
circulation problems that could come as a result of this.
Councilman Dunin stated that if we were using the use permit because we..were
trying to encourage or discourage certain industries then that would be all
right.
Councilman Settle stated that he could agree with this paragraph if the words
"to measure cumulative impacts on service capacities" were added to the last
sentence in this paragraph. With this added condition there was general
consensus of 4 -0.
City Council Minutes
May 14, 1981 - 7:00 p.m.
Page Six
Zoning Regulations and Subdivision Regulations
Through use permit and tract map procedures-which require consistency with
the general plan, may be used to implement growth strategies as individual
projects are proposed.
City Charter
Requires voter approval of annexations which have been approved by the council.
By general consensus, the above two paragraphs were approved as written.-
The City Council next discussed the Growth Management Outline, first presented
to the City Council in November 1977 and subsequently revised.
A. OBJECTIVES: What do you want to accomplish?
1. Should the ultimate size of the city be limited?
2. If so, what should determine the ultimate size (water and sewer,
air quality, citizen's desires for community scale and character)?
3. Should the growth rate be controlled?
4. If so, what should determine the rate (desire to stretch available
resources over a certain time, citizen's perseptions of an
acceptable pace of community change, timing in relation to
specific public projects)?
5. To what
extent should
the "quality" of growth -- in terms of
meeting
community needs and minimizing adverse effect -- be
controlled?
Councilmember Settle stated yes to
all five questions. His feeling was that
the service capacity
is the bottom
line, on limit to growth.
Councilwoman Dovey felt that to make the community desirable to all citizens
is to address the size and all the basic services available. She felt it was
a question of resources, citizen's desires, and quality of growth meeting
quality of community.
Councilman Dunin stated that under objective number 1 should the ultimate
size of the city be limited, he would be comfortable with that if you'd
drop the word "ultimate ". He did not feel that the water and sewer should
be used in controlling growth. Air quality he felt should be protected.
He felt in the case of water that if the voters should later decide that
they did wixh to use it, they should be in a position to get at it. With
regard to number 5, quality of growth, he wants to see a balance.
Mayor Billig stated that the quality of growth should be measured by using.
all of the above criteria.
9:00 p.m. Mayor Billig declared a recess.
9:15 p.m. Council reconvened.
Councilmembers Present: Ron Dunin, Allen Settle, GlennaDeane Dovey
and Mayor Billig
Absent: Alan Bond
B. PROGRAMS: What methods should be used to meet.the growth objectives?
1. Should growth be limited by the land area devoted to various uses?
2. Should growth be limited by controlling the intensity of uses
which can take place in a given area?
City Council Minutes
May 14, 1981 - 7:00 p.m.
Page Seven
3. Should employment be regulated by more direct means than allocation
of land areas or limits on land -use intensity in order to reduce
pressures for in- migration?
4. Should utility connections be rationed, either over time or among
certain types of uses?
S. Should development entitlements (lots created, building permits
issued) be rationed?
6. If so, what should determine the allocation of permits to developers
(first -come, first - served; ratings based on pre - established criteria;
lottery)?
Councilman Dunin stated yes to Items, 1, 2, 3 -No, 4- Qualified No, for example
if there was a 604A deficiency. In the case that the deficiency was eliminated
then the answer would be yes. 5 -yes, 6, yes.
Councilwoman Dovey voted yes.to all of the above. She felt that with numbers
1 and 2, good zoning takes care of that. Item 3, employment is taken care of
in residential uses. We can have a number, like 20, which will send up a flag
on a proposed industrial development and we will be in a position to check it
to determine if the industry is using local employees. With items 4 and 5, she
felt that the.staff should be intense-in providing::warning at least in the
beginning, and then be in a position, later to let up. Item 6, she would
prefer using a criteria system first on a first -come, first -serve basis, and
then going to a lottery if necessary.
Councilman Settle stated yes to Items 1, 2, 3 -No, 4 -Yes, 5 -Yes, 6 Yes, using
the rating system on a pre - established basis first.
Mayor Billig voted yes to all of the above, with Item 5 using the number of
building permits as a determinant. Item 6, she liked the rating system based
on a pre - established criteria, like using an annual review.. This way we can
encourage such things as solar power and not just respond to development
requests.
C. IMPLEAZENTATION: How should the objectives and programs be instituted?
1. Should the council adopt a growth management program by amend-
ments to such policy statements as the general plan?
2. Should the council adopt a growth management program by ordinance?
3. Should the growth management program be adopted by popular vote
( a referendum ) ?
Councilman Settle stated ves to items 1 and 2, under 2 he felt that it was
the least expensive and the most effective. Item 3, no unless there was
large public outcry.
Councilwoman Dovey stated yes to items 1, and 2. On Item 3, she felt that if
the public does not agree, they have every right to make changes.
Councilman Dunin voted yes to items 1 and 2, item 3 no.
Mayor Billig voted yes to items 1, 2, and 3. Additionally on item 3 if there
is a serious public problem, the public will let us know.
By general consensus, Council driected staff to prepare growth management
program pursuant to the review of this discussion outlined this evening.
At this time, Councilwoman Dovey asked that the minutes for the meeting of April
28, 1981, growth management ordinance be amended to delete the second Whereas
which discusses the population maximum growth for the City of San Luis Obispo.
This paragraph to be discussed during budget hearings.
6. Mayor's Work Program
At this time, the City Council considered Mayor Billig's 1981 -1983 work program and
schedule. After brief discussion it was moved by Councilman Dunin, seconded by
Councilman Settle to adopt Mayor Billig's work program for fiscal years 1981 -83 to
City Council Minutes
May 14, 1981 - 7:00 p.m.
Page Eight
be used as a performance- guideline for this council for the forthcoming two
years. Motion carried, all ayes.
Communications
E -3. At this time, Mayor Billig presented a letter from Janet Barker, a resident
living.at the Chumash Mobile Home Park, stating her concerns for the rent increases
that are now being imposed.upon_ them.
After brief discussion, it was moved by Councilman Settle, seconded by-Councilwoman
Dovey, to direct the city attorney to investigate ordinances recently adopted by
the city'.s of Arroyo Grande, Pismo. Beach and other cities in the county on mobile
home parks regarding issues such as rent regulations and matters pertaining to
condominium park conversions and report back to the council for the meeting of 1
June 16, 1981. Motion carried, all ayes.
E -4. Mayor Billig then submitted to the Council a communication from the Chumash
Village Tenant's Association.regarding.the sidewalk situation across from- Odd.Fellows
E -4. Mayor Billig then submitted to the council a communication from the
Chumash Village Tenant-'s Association regarding the sidewalk situation across
from the Odd Fellows Cemetary and the lack of drainage. After brief
discussion, by general consensus, the Council directed the Public Services
Director to investigate the drainage and sidewalk conditions at South
Higuera and Elks Lane and report back to the Council on mitigating measures
and costs involved.
E -5. Mayor Billig then stated that she had received a nomination by the
Jack House Committee to fill a recent vacancy on that committee. After
brief discussion it was moved by Councilman Dunin, seconded by Councilwoman
Dovey, that Mayor Billig appoint a council subcommittee to submit nominations
or filling the vacancy on Jack House Committee. Motion carried, all ayes.
E -6. Mayor Billig then submitted a letter written by Ruth L. Rushen,
Director of Corections for State of California, Youth and Adult Correctional
Agency, reading as follows:
"Dear Ms. Billig:
Thank you for your letter expressing your concerns and your suggestion regarding
the possible increase in capacity of the California Mens Colony.
As I am sure you are aware, the California Department of Corrections
is experiencing a significant increase in the inmate population. Unless
the department is able to bring on lone additional prison beds, the pop-
ulation projections show that the overcrowded conditions in existing
institutions will become critical. Prior to the planned activation of
new prison beds, various alternatives of temporary nature are needed to
offset the negative effects of overcrowding.
One proposal being considered is the possible reactivation of the facility
at California Mens Colony - West. The designed capacity of CMC -W was 1115
but it operated for a number of years, prior to its closure in 1971, with a
population of approximately 1400. The department presently has no plans to
activate the entire capacity of the facility. Should the department be
unable to acquire beds elsewhere, the present proposal entails the refurb-
ishing of a portion of the facility which would accommodate approximately
450 minimum custody inmates, and possible reactivation of an additional
450 beds.
This proposal is presently being evaluated for the feasibility of refurb-
ishing the existing structures at the facility to accommodate an intiial
complement of 450 inmates. The initial study for the Environmental Impact
Report has begun, and once completed, all concerned parties will be notified
of the findings and determinations.
I would like to emphasize that reactivation of portions of CMC -W will be
temporary in nature. Once the department has acquired the needed new
prison beds, the alternative solution, which was utilized to offset.over-
crowding, will be considered for deactivation.
City Council Minutes
May 14, 1981 - 7:00 p.m.
Page Nine
Again, I appreciate your ideas and concerns. If I or my staff can be
of further assistance, please do not hesitate to contact us."
Councilman Settle stated that he felt that the letter was totally inadequate,
as it did not consult the City asking for input or participation in the
hearings.
After brief discussion and by general consensus, Mayor Billig was directed
to write a letter to the Department of Corrections demanding that the city
be apprised of any hearings regarding a proposed EIR for the expansion of
their facility and reiterating the city's displeasure at not having been
involved in any proposed plans.
E -7. Mayor Billig then presented to the Council, a petition that had been
submitted to her, reading as follows:
"We, the undersigned, feel a great need for a traffic signal at the inter-
section of South Higuera Street and Prado Road for:
1. Prado Road is the only location in the area with a weigh station.
2. Heavy traffic flows from and to the off and on ramps to Highway 101.
3. The expansion of city building and industry on Prado Road.
4. There have been many accidents at this intersection to date.
Please give this petition for a traffic signal your thoughtful attention
and consideration'.'. ii
After brief discussion and by general consensus, the Council referred this
item to staff to forward to the Traffic Committee for report back to the
Council on recommendations within 30 days, report to include alternate
bus stop locations.
E -8. Mayor Billig then presented a communication from Thomas H. Bates,
Assemblyman, requesting support of his legislative proposal (Assembly Bill
No. 1597) to create a special fund for local schools and fovernmental services
financed by a severance tax on oil.
After a brief descussion it was agreed to wait for further information
before taking any action on this item.
10:40 p.m. Council adjourned to closed session.
11:00 p.m. Council reconvened.
Councilmembers present: Allen Settle, Ron Dunin, GlennaDeane Dovey,
and Mayor Billig
Absent: Alan Bond
E -1. On motion of Councilman Settle, seconded by Councilwoman Dovey -the
following resolution was introduced. Resolution No. 4482 (1981 Series),
a resolution of the Council of the City of San Luis Obispo approving an
agreement between the City and various cities and counties in California
and Boyd, Januta & Karp to employ Boyd, Januta & Karp for intervention in
' lease sale 53 litigation; State of California et al v James G. Watt et al.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: Councilman Bond
0
City Council Minutes
May 14, 1981 - 7:00 p.m.
Page. -Ten
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E -2. On motion of Councilman Settle, seconded by Councilwoman Dovey, the
following resolution was introduced: Resolution No. 4483 (1981 Series), a
resolution of the Council of the City of San Luis Obispo approving an agree-
ment between the City and various other cities and counties in California to
join with the State of California in its suit against Secretary of the Interior
James G. Watt.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: Councilman Bond
There being no further business to come before the meeting, Mayor Billig
adjourned the meeting at 11:15 p.m.
Approved by Council on: June 2, 1981 ma
Pamela Voge , Acting City Clerk
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 19, 1981 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
Invocation by Reverend Wayne Pierson, Calvary Baptist Church
u„ii rail
Councilmembers
Present: Alan Bond, GlennaDeane Dovey, Ron Dunin, and Allen Settle
Absent: Mayor Melanie Billig
City Staff
Present: Lee Walton, Administrative Officer; Pamela Voges, Acting
City Clerk; Rudy Muravez, Finance Director, Geoff Grote,
Legal Assistant; Roger Neuman, Police Chief; Dave Romero,
Public Services Director; and Olivia Grande, Recording
Secretary; Jim Stockton, Recreation Director
C -1.
On motion
of Councilman
Bond,
seconded by Councilwoman Dovey,
claims against
the City for
the month of
May, 1981
were approved and ordered
paid subject to
the approval
of the CAO.
Motion
carried; all ayes.
C -2.
On motion
of Councilman
Bond,
seconded by Councilwoman Dovey,
the following minutes
were
approved as amended:
April 14, 1981 - 7:30
April 21, 1981
- 7:00 p.m.;
and April 28,
1981
- 7:00 p.m.
Motion carried; all ayes.