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HomeMy WebLinkAbout02-21-2017 Item 08 Project Plan for Open Space Hours of Use Evaluation Meeting Date: 2/21/2017 FROM: Derek Johnson, Assistant City Manager Prepared By: Robert A. Hill, Natural Resources Manager SUBJECT: PROJECT PLAN FOR OPEN SPACE HOURS OF USE EVALUATION RECOMMENDATION Receive and file the Project Plan for Open Space Hours of Use Evaluation. DISCUSSION Background At the regularly scheduled City Council meeting of August 16, 2016, upon receipt of public testimony pertaining to a request for reconsideration of the City’s published hours of use for open space, “a majority of the City Council directed staff to bring back on a future agenda a project plan for revising the ordinance limiting public access of the open space from dusk to dawn.” (Council Minutes, Tuesday August 16, 2016, Regular Meeting of the City Council, pgs. 1-2). The City’s current Open Space hours of use regulations, as codified in San Luis Obispo Municipal Code, are as follows: 12.22.050: Rules and regulations applicable in city open space lands. The following rules and regulations apply in all open space lands within or under the control of the City of San Luis Obispo, unless expressly stated otherwise elsewhere in this chapter. B. Presence in Open Space Lands Restricted to Certain Hours—No Overnight Usage. Open space lands where public access is permitted shall be open to the public from dawn to dusk. It shall be unlawful to enter or remain within such lands between one hour after sunset and one hour before sunrise of the following day without approval from the director. Project Plan Overview The overarching strategy contemplated in the Project Plan (Attachment A) is to conduct a formal policy analysis in order to provide a rational fully informed decision-making process for assessment and evaluation of current regulations pertaining to Open Space hours of use. Staff proposes to utilize the process set forth by Eugene Bardach in his text, A Practical Guide for Policy Analysis: The Eightfold Path to More Effective Problem Solving (2nd Edition, 2005): 1. Problem Definition 2. Assemble Evidence 3. Construct Policy Alternatives 4. Select Evaluative Criteria 5. Project Outcomes of Alternatives 6. Evaluate Trade-Offs 7. Make a Recommendation Packet Pg. 259 8 8. Provide Rationale for Recommendation To implement this strategy, there are five phases proposed for the project: 1. Internal and comparative external policy review; 2. Review of academic, peer reviewed literature and nocturnal wildlife survey data; 3. Conduct stakeholder and affected user group interviews, as well as public outreach (website, interested parties list, etc.) consistent with the Public Engagement and Notification Manual; 4. Prepare a “white paper” of major findings and recommendations; 5. Public Hearing / Study Session. CONCURRENCES The City’s Ranger Service, responsible for Open Space maintenance and patrol, and the City’s Fire Department, responsible for Open Space emergency medical and wildfire response, have reviewed the Project Plan and have provided their concurrence. ENVIRONMENTAL REVIEW No environmental review is required to conduct the elements contemplated by the Project Plan under the California Environmental Quality Act (CEQA). Depending on Council’s direction resulting from the Study Session, if significant changes to the City’s existing ordinance are requested, an environmental review and determination will be required. FISCAL IMPACT Sufficient funds are available in the Natural Resources Program’s operating budget to support the staff time necessary to implement the Project Plan. Depending on Council’s direction resulting from the Study Session, if significant changes to the City’s existing ordinance are requested, fiscal impacts would likely result that are related to Ranger Service staffing, as well as changes that would need to be made to Open Space signs and kiosks, for example. ALTERNATIVES The City Council’s alternatives could include the following: 1. Direct staff to discontinue work on this topic and not implement the Project Plan. 2. Request clarification or revisions to the Project Plan. Attachments: a - Open Space Hours of Use Project Plan Packet Pg. 260 8 Project Plan Project Title : Open Space Hours of Use Evaluation BACKGROUND The City of San Luis Obispo formalized its open space program in 1994 with the adoption of an updated General Plan Land Use Element and Open Space Element, with the allocation of open space acquisition funding in 1995, and the hiring of the first Natural Resources Manager in early 1996. In 1998, the City adopted an Open Space Ordinance that was codified in San Luis Obispo Municipal Code as chapter 12.22. A subsequent General Plan update resulted in the establishment of the Conservation and Open Space Element that was adopted in 2006. Another key policy document is the Conservation Guidelines for Open Space Lands of the City of San Luis Obispo (2002). The City of San Luis Obispo has acquired approximately 3,700 acres of open space lands comprised of 12 major properties held in open space reserve or natural reserve status that are open to the general public for passive recreation and has constructed a trail network of over 50 miles. The City’s current Open Space hours of use regulations: 12.22.050: Rules and regulations applicable in city open space lands. The following rules and regulations apply in all open space lands within or under the control of the City of San Luis Obispo, unless expressly stated otherwise elsewhere in this chapter. B. Presence in Open Space Lands Restricted to Certain Hours—No Overnight Usage. Open space lands where public access is permitted shall be open to the public from dawn to dusk. It shall be unlawful to enter or remain within such lands between one hour after sunset and one hour before sunrise of the following day without approval from the director. Council Direction: At the regularly scheduled City Council meeting of August 16, 2016, upon receipt of public testimony for items not on the agenda, “a majority of the City Council directed staff to bring back on a future agenda a project plan for revising the ordinance limiting public access of the open space from dusk to dawn.” (Council Minutes, Tuesday August 16, 2016, Regular Meeting of the City Council, pgs. 1-2). PROJECT STRATEGY AND SCOPE The overarching strategy contemplated in this Project Plan is to conduct a formal policy analysis in order to provide a rational decision-making process for assessment and evaluation of current regulations pertaining to Open Space hours of use. Staff proposes to utilize the process set forth by Eugene Bardach in his text , A Practical Guide for Policy Analysis: The Eightfold Path to More Effective Problem Solving (2nd Edition, 2005): 1. Problem Definition PURPOSE Establish a rational decision-making framework for assessment and evaluation of the City of San Luis Obispo’s current Open Space Hours of Use regulations. Last Updated: 1 /2 7 /17 Packet Pg. 261 8 2. Assemble Evidence 3. Construct Policy Alternatives 4. Select Evaluative Criteria 5. Project Outcomes of Alternatives 6. Evaluate Trade-Offs 7. Make a Recommendation 8. Provide Rationale for Recommendation To implement this strategy, there are five phases proposed for the project: 1. Internal and comparative external policy review; 2. Review of academic, peer reviewed literature and nocturnal wildlife survey data; 3. Conduct stakeholder and affected user group interviews, as well as public outreach (website, interested parties list, etc.) consistent with the Public Engagement and Notification Manual; 4. Prepare a “white paper” of major findings and recommendations; 5. Public Hearing / Study Session. PROJECT ASSUMPTIONS 1. Continued support from the City Council. 2. Active and collaborative dialogue with stakeholder groups, natural resource agencies (e.g. CA Department of Fish and Wildlife), and community members. PROJECT CONSTRAINTS 1. No formal budget or funding has been identified for this Project Plan, or to implement any subsequent direction from the City Council. PROJECT ORGANIZATION AND TEAM Project Manager: Bob Hill - Natural Resources Manager Project Team: Derek Johnson – Assistant City Manager Freddy Otte – City Biologist Shelly Stanwyck – Parks and Recreation Department Director Doug Carscaden – Senior Ranger Garret Olson – Fire Chief STAKEHOLDERS Greenbelt open space conservation and passive recreational use is a topic of considerable interest and concern for a wide array of stakeholders. Among those effected are: This project is fundamentally a stakeholder outreach process. Accordingly, each level of the Public Engagement and Noticing Manual will be reached. Identified stakeholder groups include: Residents Neighbors Property owners Passive recreation users Emergency Response Personnel Academia Regional partners, natural resource agencies, and non- governmental organizations Native plant communities and wildlife Future generations Packet Pg. 262 8 Environmental and Conservation Groups: Sierra Club, Santa Lucia Chapter Environmental Center of San Luis Obispo (ECOSLO) The Land Conservancy of San Luis Obispo County Open Space User Groups: Central Coast Concerned Mountain Bikers SLO Trail Runners Various informal hiking clubs PROJECT TASKS AND SCHEDULE AVAILABLE REFERENCES Adopted Policy Documents (available on-line): 1. Open Space Ordinance (Ord. 1332 § 1 (part), 1998) 2. Conservation and Open Space Element (2006) 3. Conservation Guidelines for Open Space Lands of the City of San Luis Obispo (2002) 4. Land Use Element (2014) Adopted Open Space Conservation Plans (available on-line): 1. Agricultural Master Plan for the Calle Joaquin Agricultural Reserve (2011) 2. Bishop Peak Natural Reserve Conservation Plan (2015 Update) 3. Cerro San Luis Natural Reserve Conservation Plan (2005) 4. Irish Hills Natural Reserve Conservation Plan (2011 Update) 5. Johnson Ranch Open Space Conservation Plan (2008) 6. Laguna Lake Natural Reserve Conservation Plan (2014) 7. South Hills Natural Reserve Conservation Plan (2007) 8. Stenner Springs Natural Reserve Conservation Plan (2009) 9. Reservoir Canyon Natural Reserve Conservation Plan (2013) 10. Terrace Hill Open Space Conservation Plan (2015) Adopted Maintenance Plan (available on-line): 1. Open Space Maintenance Plan (2015) Literature Review (available on-line): 1. Nighttime Access Management White Paper Analysis (City of Boulder, CO, 2012) 2. Effects of Recreation on Animals (Larson, Reed, Merenlender, Crooks, 2016) Task Who When 1. Policy Review Hill 1/2017 2. Literature and Data Review Hill 1/2017 3. Stakeholder Meetings Hill, Project Team 2/2017 4. “White Paper” of Major Findings and Recommendations Hill, Project Team 3/2017 5. City Council Study Session Hill, Project Team 3/21/2017 Packet Pg. 263 8 Page intentionally left blank. Packet Pg. 264 8