HomeMy WebLinkAbout05-16-2017 Item 5, FlickingerCOUNCIL MEETING:_ � h(�,- I
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ITEM NO.: _ _ MAY 17 2017
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5L O CITY CLERK
From: Sarah Flickinger [
Sent: Tuesday, May 16, 2017 4:31 PM
To: E-mail Council Website <emailcouncil@slocit_y.org>
Subject: email City Council
re: Avila Ranch, Council Consent Agenda Item 5
May 16, 2017
I was concerned to see that the City was considering entering into a development agreement with the developers of
Avila Ranch prior to certification and acceptance of the Final EIR document. To enter into any development agreement—
including a financial terms one—at this point could allow the City (via staff and without oversight) to include general
plan and circulation amendments or other specifics that have not yet been fully and publicly reviewed under CEQA
through the EIR process. While I understand that this is not entering into a final development terms agreement, but just
starting the discussion, it is still premature to enter into any binding financial arrangement agreement at this time, as
the City could be held to any terms discussed therein as the environmental review process proceeds.
During the DEIR phase, many comments were raised about concerns remaining following the scoping hearing and left
unanswered by the DEIR. Additional questions and concerns, specifically relating to the general plan update and
proposed circulation changes that contradict LUCE goals, were also raised in direct response to the DEIR. Those concerns
were planned to be addressed in the FOR document.
The public is waiting to hear the responses to comments as well as see any changes to the plan through the public
review and comment period on the FEIR document. Only following that document's full vetting, acceptance and
certification, should any binding development agreement begin. To do otherwise could tie the hands of the Planning
Commission and City Council to make adjustments during the FEIR review and/or final development agreement review.
While I understand the goal here is an early discussion, the consent item is to allow staff to pursue the discussion and
the City Manager to prepare and execute a financial agreement. The terms of any such financial agreement could
preclude any conditions placed on the development through the FEIR review process and development agreement
negotiation. Without public input and oversight of such an agreement, the City and its residents could find themselves
without any remedies down the road. This path to an end has been upheld at the California Supreme Court Level by
developers.
On the flip side, another California Supreme Court case states that Cities and other municipalities should not enter into
any development agreements (financial or otherwise) until certification and acceptance of the FEIR under CEQA is
completed.
The report attached to the agenda contains no information with regard to the terms of the financial agreement to be
executed, therefore, it is difficult for the public to understand and comment appropriately.
I understand the balancing act involved in the development process. As a concerned citizen, this agenda item was not
noticed to those of us who specifically requested notice of actions relating to this development, and its implications—
which are not even loosely defined in the attached staff report—leave little room for oversight by Council and/or the
public who have voiced strong concerns about this project.
Rather than blindly consenting to two things: 1. Starting the discussions for the development agreement and 2.
Authorizing the City Manager to negotiate and execute a financial terms agreement, Council could opt to request a
review of terms of any such financial agreement prior to consenting to its binding execution or opt to hold off on any
such discussions until after the environmental review process is complete. I would strongly recommend the latter.
I understand the goal is to recoup costs associated with the discussions, however, there is no need to rush this
discussion prior to completion of the public environmental review process.
I'd hate to see us all have our hands tied by a financial agreement when the FEIR comes out.
Sincerely,
Sarah Flickinger