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HomeMy WebLinkAbout10-21-2014 PH2 Tefft 2Goodwin, Heather From: Mejia, Anthony Sent: Tuesday, October 21, 2014 12:09 PM To: Goodwin, Heather Subject: FW: Derek Johnson Memorandum Agenda Correspondence 10/21/14 Item PH2 Anthony J. Mejia, MMC I City Clerk cit.y Itea,; owspo 990 Palm Street San Luis Obispo, CFA, 93401 tel 1805 7817102 OCT 21 2014 COUNCIL MEETING: 1 O / 2-111 ITEM NO,: j? �4 Z From: Dr. Robert Tefft [mailto:tb30486 @aim.com] Sent: Tuesday, October 21, 2014 11:50 AM To: "jmarx jmarx"@slocity.org; "cchristi cchristi"@slocity.org; "jashbaug jashbaug"@slocity.org; "dcarpent dcarpent"@slocity.org; "ksmith ksmith"@slocity.org; "kmurry kmurry"@slocity.org; "djohnson djohnson"@slocity.org; Mejia, Anthony Cc: 'yowler xfowler " @co.slo.ca.us; "brobeson brobeson"@co.sio.ca.us; "estuckey estuckey"@co.slo.ca.us; "rogero rogero"@prcity.com Subject: Derek Johnson Memorandum have noted today that the City of San Luis Obispo's website includes a memorandum from Derek Johnson that appears to be an overt attempt to negate my communication of October 18 regarding the upcoming City Council consideration of a potential overrule of the Airport Land Use Commission. My remarks to the Council were submitted as a private citizen, with a clear statement that they were not made on behalf of the Airport Land Use Commission (ALUC). It is highly offensive to me that a member of the senior staff of the City of San Luis Obispo has prepared and posted a three -page memorandum devoted entirely to denigrating my comments. Mr. Johnson has not chosen to respond to any other communication related to the agenda for tonight's meeting ... only to mine. The principles of open government and citizen participation in the decision - making process require that the City Council receive and consider public input fairly and without prejudice. Derek Johnson's memorandum has deprived the Council of the opportunity to fulfill these requirements. His comments have, in effect, poisoned my public input. I have, to the best of my ability, provided you with my perspective on the potential effects of the proposed overrule ... the decision as to the validity of the points I have raised should be the prerogative of the elected members of the City Council ... not the prerogative of Derek Johnson. I have always considered the City of San Luis Obispo to be an enlightened and forward- thinking place ... I have admired your commitment to fair and equitable planning, so I just don't understand how the Council could permit one of its senior staff members to engage in this sort of aggressive attack on a member of the public. In addition, Mr. Johnson's comments are entirely without merit .... they don't, in fact, speak to the points I have raised, but merely attempt to confuse the Council with pages of verbiage that fail to address the relevant issues. I apologize for being repetitive, but nothing in the Derek Johnson memo refutes the facts that: • The single event noise impacts due to airport operations would, if the draft proposed LUCE is adopted, exceed the maximum single -event noise standard of 75 dB for residential land uses established by the City's Noise Element • In -house legal counsel for the Division of Aeronautics of the Department of Transportation of the State of California has determined that the draft LUCE usurps the legally- defined office of the Airport Land Use Commission of San Luis Obispo County and provides sufficient grounds for a quo warranto action by or through the office of the Attorney General • The Division or Aeronautics has also determined that the proposed findings for the City's overrule of the Airport Land Use Commission's determination of inconsistency are legally insufficient. Furthermore, my previous communication provides a road forward that would avoid further conflict between the City and the ALUC. If the City Council declines to overrule the ALUC, but instead directs the Community Development Department to collaborate with the Airport Land Use Commission to develop a Land Use and Circulation Element and an amended Airport Land Use Plan that are mutually consistent, the spectre of multiple overrides, ongoing lawsuits, and permanent incompatibility between the ALUC and the City can be avoided. This is your city and the choice is yours ... you can make a choice tonight that will provide enormous profits to real estate developers at the expense of the safety and peace -of -mind of San Luis Obispo residents or you can choose to respect the recommendations of the body with the greatest expertise and authority in airport land use planning in the state of California, the Division of Aeronautics of the California Department of Transportation. There is no question but that the City of San Luis Obisbo is "under the microscope" as far as the State is concerned. Whatever decision is made this evening, however, should be made by the City Council alone, after even - handed and open debate and after due consideration of all points of view. The unrelenting pressure that is being exerted on the Council by the Community Development Department to reach a predetermined conclusion favored by staff is disrespectful and inappropriate, and the attempt by the Director of the Community Development Department, acting under the color of his office and the seal of the City of San Luis Obispo, to discredit public input on this issue is inconsistent with the principles of democratic governance.