HomeMy WebLinkAbout06-11-2014 PC MinutesSAN LUIS OBISPO
PLANNING COMMISSION MINUTES
June 11, 2014
CALL TO ORDER /PLEDGE OF ALLEGIANCE
ROLL CALL: Commissioners Hemalata Dandekar, Michael Draze, John Fowler,
Ronald Malak, William Riggs, and Chairperson John Larson
Absent: Vice - Chairperson Michael Multari
Staff: Assistant City Manager Michael Codron, Deputy Community
Development Director Doug Davidson, Natural Resources Manager
Robert Hill, City Biologist Freddy Otte, Interim Assistant City Attorney
Anne Russell, and Recording Secretary Diane Clement
ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented.
MINUTES: Minutes of May 28, 2014, were approved as presented.
PUBLIC COMMENTS ON NON - AGENDA ITEMS:
There were no comments made from the public.
PUBLIC HEARINGS:
504 Madonna Road. GPI 76 -14: Review of Laguna Lake Natural Reserve
Conservation Plan and Mitigated Negative Declaration of Environmental Impact; P-
F zone; City of San Luis Obispo, applicant. (Robert Hill)
Natural Resources Manager Robert Hi
review of the draft Laguna Lake Natural
and recommending to the City Council
adopted as presented, or as amended.
PUBLIC COMMENTS:
II presented the staff report, recommending
Reserve Conservation Plan and Initial Study,
that the Plan and a Negative Declaration be
Rob Davidson, SLO, commended staff on a comprehensive, detailed report and stated
that preservation of Laguna Lake is essential to the park. He noted that many users no
longer come to the lake due to its steady deterioration. He supported approval of the
plan and emphasized the need to set aside funds for ongoing maintenance.
Michael Alamo, SLO, stated that there has been a tremendous increase in open space
in the City over the last 30 years but that the development of recreational facilities has
not kept up with population growth. He noted that it is important to keep the current
synergy between those interested in active recreation and those interested in natural
habitats: He stated that one of the key comments made at public workshops is that the
City needs to do more to increase the use of resources as attractive amenities and that,
even though the plan clearly states that passive recreational activities will be permitted
as long as they do not cause environmental problems, future interpretation of that
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June 11, 2014
Page 2
statement will determine the actual uses allowed so it is important to identify the
permitted passive uses. He supported the dredging.
Jonathan Lindenthaler, SLO, stated he is impressed with the plan because it is the most
comprehensive, well- thought -out report he has seen in the five years he has been
attending hearings for Laguna Lake.
Jan Simek, SLO, commended the presentation and had two suggestions: 1) the report
could be improved with inclusion of a satellite image showing the future boardwalk and
the location of planned dredging; and 2) there should be active web links in the report to
online supporting documents. He stated that another study of the sediments in the lake
should be undertaken before any dredging takes place because the last study was done
in 2001. He noted that there has been unpermitted dumping at the lake in the past and
it is his assumption that sewage from Sunny Acres drains to the lake. He stated he is
concerned about the accumulation of heavy metals.
Michael Hesser, SLO, commended the report and stated that Laguna Lake is the largest
asset in the City. He suggested that dredging take place now while the lake is nearly
dry because it would save money.
Gordon Mullin, SLO, stated that he is running for City Council and is concerned about
what is not in the report which is an examination of what happens if we do not do
anything. He noted that some say it will just turn into a meadow like Tuolumne
Meadows but that he thinks it will become a swamp and that time is running out to deal
with this.
Jim Buonrostro, SLO, distributed photographs he took this morning illustrating some of
the neglect imposed on Laguna Park. He noted that the City could end up spending
money on liability due to accidents from such things as the erosion under the fishing
dock. He stated that funds for maintenance should be put into an escrow account. He
noted that the City maintains Damon Garcia and other parks but has been neglecting
Laguna Park where even the grass is not mowed. He observed that there used to be all
kinds of recreation going on at the park but that people do not come any more.
Leslie McKinley, SLO, supported dredging now and asked how long a special
assessment district would be in place.
Linda Meyer, SLO, commended the report and stated that she grew up on the lake and
her mother still lives there but now her views are blocked by the "mountain" of sediment
that has built up. She noted that she worries about flooding and supports dredging.
Donald Green, SLO, complimented the report and stated that it is the first set of
recommendations to include a holistic approach. He emphasized that it is better to
keep sediments from getting to the lake than having to remove them after they are in
the lake. He supported ongoing sediment control and removal and stated he is very
much in favor of being part of the financing program but is concerned about who will be
in charge of choosing dredging locations, etc. He asked if those residents living close to
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June 11, 2014
Page 3
the lake, who will be putting more money in, will have more control in choosing how that
money is spent and where dredging is done.
There were no further comments made from the public.
COMMISSION COMMENTS:
Commr. Larson stated he is grateful to the public speakers tonight and to all the area
residents for showing support for an assessment district. He noted that community
support is the most important motivation for staff to set up the district and that this will
not be the sole means of financing the plan. He supported dredging and stated that this
report is the most comprehensive and integrated he has seen for Laguna Lake and the
first time he has seen the suggestion of using dredged spoils onsite for purposes such
as landscaping. He requested that staff discuss the financing plans, the time frame,
and the assessment district.
Natural Resources Manager Hill stated that this report is very preliminary and very
conceptual and it needs more thinking and vetting by the community. He noted that the
assessment district will be similar to a Mello Roos district, requiring a supermajority of
67% with one vote per parcel.
Assistant City Manager Codron stated that the design of the dredge would be an effort
to marry the technical requirements and the practical need to get it accepted and would
be known before any vote for an assessment district.
Natural Resources Manager Hill stated that questions about control of the assessment
district are still up in the air and there are many ways to do it including a community
board.
Commr. Draze thanked Natural Resources Manager Hill and City Biologist Otte for the
report, and thanked the public speakers and expressed appreciation for the public's
help to staff. He stated that he likes the plan and hopes the City Council will approve it
and that it will get implemented.
Commr. Fowler stated he would like to see a chart comparing the costs of implementing
this years ago and now.
Natural Resources Manager Hill stated he had thought about doing this but does not
know how productive it would be to show that it would have been cheaper in the past.
He stated that if nothing is done, the prediction is that the delta would continue to form
and stabilize, with the lake shrinking in size and eventually becoming a wetland
meadow by about 2100. He noted that it may be true that the lake might be an
unpleasant place in the interim, as stated by Mr. Mullin, and that the best comparison is
to look at 1977 and 2014 and average the change over time with the understanding that
the changes would actually be more episodic.
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June 11, 2014
Page 4
Commr. Fowler asked whether it would be better to attempt to stop or slow the progress
of this sedimentation or begin dredging. He also asked whether a similar report done
city wide is being considered.
Assistant City Manager Codron stated that staff did look at a larger assessment area,
but wanted to limit it to those most affected. He noted that staff is seeking more public
comments.
Natural Resources Manager Hill stated it has been the goal to have a broader voice
from the public. He noted that, in his experience, those living around the lake speak out
much more than those living elsewhere in the City. He stated that the City took out a
full color advertisement in the Tribune and posted on the City website for the three
workshops.
Commr. Fowler supported the plan and stated he hopes the City Council will support a
financial plan to pay for it.
Commr. Dandakar stated that Laguna Lake is a community -wide asset. She asked for
the sources of funding for the $10 million. She also asked when dredging would be
needed again if this plan is implemented and the sediment basins are developed.
Natural Resources Manager Hill stated that the dredging project, as envisioned in 2009,
would be 20 weeks a year and that maintenance of the sediment basins would be
ongoing with some variation due to episodic events. He noted that funding is projected
to be 30% from grants, 25% from the assessment district and 45% from the General
Fund. He stated that it will not be possible to get grants for dredging or the sediment
basins so that funding will be 75% from the assessment district and 25% from the
General Fund. He noted that an Army Corps of Engineers grant is not feasible here.
Commr. Dandakar asked what the maintenance model would look like.
Natural Resources Manager Hill stated that there will be $10 million in improvements
and $150,000 for ongoing maintenance.
Commr. Malak asked about the onsite island and marshland discussed on page PC1-
28.
Natural Resources Manager Hill stated that this is from the 2009 dredging only report
when using spoils to form an island, but this was not the preferred alternative as it would
be even more expensive hauling them to the landfill. He noted that current estimates
are comparable to the 2009 figures.
Commr. Malak asked for a definition of passive recreation, as mentioned in 15.
Recreation on page PC 1 -21.
Natural Resources Manager Hill noted that discussion of passive vs. active recreation is
legendary and that the plan does not propose use changes but does include some
controls and monitoring to determine impacts.
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June 11, 2014
Page 5
Commr. Malak asked if some commercial use would be allowed.
Natural Resources Manager Hill stated an exception would be needed for that.
Commr. Malak stated that he agrees that the park is not being maintained and he
agrees with Commr. Fowler about presenting this to the Council as a citywide issue. He
asked what would happen if Measure Y is not approved.
Natural Resources Manager Hill stated that the preliminary plan does rely on approval
of Measure Y and that Community Facilities Districts are not easy to accomplish. He
noted that without those funding sources, the City would have to look at this as a pay -
as- you -go project using General Fund monies and grants or something time - deferred
and maybe smaller.
Commr. Riggs stated that implementation will increase the user base from around the
City, and he is concerned about cumulative impacts of traffic. He noted that the last
thing the neighbors would like would probably be seeing an increase in people driving
there, which is something to be sensitive to in the implementation.
Commr. Larson stated that this is the best plan seen for Laguna Lake and noted that the
willingness of the residents with property adjacent to the lake to support staff and the
plan is a powerful tool in gaining support from a broader area.
On motion by Commr. Draze, seconded by Commr. Fowler, to recommend to the City
Council that the Plan and a Negative Declaration be adopted as presented.
Commr. Malak suggested a friendly amendment for commercialization of the open
space. Commr. Draze stated he would like that as a separate amendment. Commr.
Malak agreed.
There were no further comments made from the Commission.
AYES: Commrs. Dandekar, Draze, Fowler, Malak, Riggs, and Larson
NOES: None
RECUSED: None
ABSENT: Commr. Multari
The motion passed on a 6:0 vote.
On motion by Commr. Malak, seconded by Commr. Larson,_ for consideration of
commercialization of lake activities_ at Laguna Lake commercialization of lake activities
in the Laguna Lake Park.
Commr. Dandakar stated that if she is to support this, she would like to see it tied to
fiscal viability in the long term and would like an analysis of licensing revenues. She
stated that, otherwise, she is not supportive of something that might diminish the quality
of this natural, beautiful environment.
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June 11, 2014
Page 6
Commr. Larson noted that this is worthy of a continuing discussion if it can be done
without adverse environmental effects and can raise additional monies for the park and
that there is a precedent for more active uses of the park with the periodic events held
there.
Commr. Draze stated he can support commercialization in the park only.
Commr. Malak suggested uses such as a paddle boats concession.
Commr. Riggs recommended that the motion be changed to request staff explore this
and report back to the Planning Commission because it could have ramifications here
and across the city.
Commr. Fowler stated he cannot support this as there are more questions than answers
and the staff has its hands full with just the conservation plan.
There were no further comments made from the Commission.
AYES: Commrs. Dandekar, Larson, and Malak
NOES: Commrs. Draze, Fowler, and Riggs
RECUSED: None
ABSENT: Commr. Multari
The motion resulted in a 3:3 tie vote
Commr. Larson, as Chair, stated that the motion failed.
Commr. Malak stated he would now prefer staff explore this and come back with a
presentation about possibilities and ramifications.
Assistant City Manager Codron recommended speaking with the Park and Recreation
Director about this and any precedents, after which a memo to the Planning
Commission would be developed, and then staff could take direction from the
Commission.
Commr. Malak stated he would rather have a presentation.
Commr. Fowler agreed with Assistant City Manager Codron.
Commr. Larson stated that no action will be taken and the subject will be discussed
again when all Commissioners are present.
Commr. Larson stated that the plan will be heard by the City Council in two weeks
where everyone has the right to state their viewpoint.
Commr. Dandakar stated that if there is to be a memo, she would like it to be about the
fiscal plan and viability of maintaining this resource with a long -term preservation
strategy and less about just commercialization.
Planning Commission Minutes
June 11, 2014
Page 7
COMMENT AND DISCUSSION:
2. Staff
a. Agenda Forecast by Deputy Community Development Director Davidson:
1) June 25, 2014, meeting cancelled
2) July 1, Tuesday, 2014, 5 P.M. joint meeting with City Council about LUCE
3) July 9, 2014, Chevron Tank Farm area, Public Facilities Financing Plan
4) July 23, 2014, about LUCE and Housing Element review.
3. Commission
a. Commr. Dandakar will be absent for all meetings in July.
b. Commr. Draze will recuse himself from July 9, 2014, meeting.
c. Commr. Malak will be absent for July 1, 2014, joint meeting with City Council.
ADJOURNMENT: The meeting was adjourned at 8:19 p.m.
Respectfully submitted by,
Diane Clement
Recording Secretary
Approved by the Planning Commission on July 23, 2014.
Lauri Thomas
Administrative Assistant III