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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />OCTOBER 6, 2020 <br />CLERK OF COUNCIL USE ONLY: <br />TITLE: <br />APPROVED <br />❑ As Recommended <br />APPROVE AN AMENDMENT TO THE <br />ElAmended <br />❑ OOrrdinance on 1 sl Reading <br />CONTRACT WITH BUCHALTER APC TO <br />❑ Ordinance on 2od Reading <br />PROVIDE CONSULTING SERVICES <br />❑ Implementing Resolution <br />RELATED TO THE AIRPORT LAND USE <br />❑ Set Public Hearing For_ <br />COMMISSION IN THE AMOUNT OF <br />$50,000 FOR A TOTAL NOT TO EXCEED <br />$100,000 <br />(GENERAL FUND) <br />/s/ Kristine Ridge <br />CITY MANAGER <br />IN=101IT, IIT, 1A►U7A11e«IIML1I <br />CONTINUED TO <br />FILE NUMBER <br />Authorize the City Manager to execute an amendment to the agreement with the law firm Buchalter <br />APC for consulting services related to the Airport Land Use Commission for an additional one (1) <br />year period ending June 30, 2022, for a total contract amount not to exceed $100,000, subject to <br />non -substantive changes approved by the City Manager and City Attorney. <br />DISCUSSION <br />In June 2020, the City Manager approved a $50,000 contract with Buchalter APC to provide <br />specialized legal services related to the overrule of the Airport Land Use Commission's (ALUC) <br />determination of inconsistency for the development project at 2300, 2310, and 2320 South Red Hill <br />Avenue (Warner Red Hill). To date, the City has received invoices from Buchalter totaling almost <br />$37,000. <br />The Planning Division is completing the comprehensive update to the General Plan, which includes <br />the potential adoption of five new focus areas. One of the focus areas, the 55/Dyer Corridor, is <br />proposing to include new residential development within a portion of the focus area. In the past, <br />the ALUC has found the two approved residential development projects (The Heritage and Warner <br />Red Hill) in this proposed focus area inconsistent with the Airport Environs Land Use Plan <br />(AELUP). Based on staff's recent discussions with ALUC staff and their Commission's past <br />actions, it is highly probable that the ALUC will make a determination that the new development <br />planned within the 55/Dyer Focus Area is inconsistent with the AELUP. As a result, staff needs <br />the expertise Buchalter APC possesses in preparing the findings required to overrule the ALUC. <br />Since the work necessary to respond to the ALUC's determination for Warner Red Hill and the <br />comprehensive update to the General Plan will exceed $50,000, staff is recommending that the <br />25C-1 <br />