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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 Planning Commission Minutes 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 Planning Commission Minutes 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. Planning Commission Minutes 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. Planning Commission Minutes 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. Planning Commission Minutes 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