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HomeMy WebLinkAbout04-26-2005 Sample Ballot and Voter Info PamphletCity of San Luis Obispo SAMPLE BALLOT and Voter lnformation PamPh SPECIAL MUNICI TUESDAY, AP MARK AND SAVE THIS SAMPLE BALLOT For use at your Polling Place or for voting your "VOTE BY MAIL" Ballot POLLS OPEN at7 A.M. AND CLOSE at I P.M. The location of your POLLING PLACE ls shown at the bottom of back cover CAIJTION: Your polting place may have been changed from a previous election NOTE: "VOTE BY MAI at www.slocity Ballot Application Back Cover Learn more about the city, on the City's web site FOREIGN LANGUAGE TRANSLATIONS AVAILABLE Pursuant to federal law, voter information and sample ballots have been translated and are available in the following language(s): ll you would like a copy of the translated ballot and sample ballot, at no cost to you, please telephone the Office of the City Clerk at the phone number listed on the back of this pamphlet. SPANISH: Si usted desea recibir sin costo alguno una copia traducida de la boleta y de la boleta de muestra, por favor slrvase llamar por tel6fono a la Oficina del Actuario Municipal al nrjmero de tel6fono que figura en la lista de la cubierta de atrds de este folleto. MEET 33PHIL'' ! To vote, COMP LETELY FILL IN the oval to the right of your choice with a black or dark pen. "Phil" is neither male nor female and is totally non-partisan. Completely filling in each oval of your choice will ensure that your Vote will be counted. VOTE BY MAIL AVAILABLE TO ALL VOTERS To apply for a MAIL BALLOT, fill in the Application Form on lhe back page of this Voter lnformation Pamphlet and mail it to the City Clerk by the deadline stated on the form itself. lf you are a Permanent Absent Voter, you do not need to return an Application, a Mail Ballot will be automatically mailed to you. Hi I'm "Phil" ! 2 / San Luis Obispo INSTRUCTIONS TO VOTERS: To vote on any measure, completely fill in the oval (D in the area to the right of the arrow pointing from the word "YES" or from the word "NO" with a black or dark colored pen only! All marks except the voting mark are forbid- den. All distinguishing marks or erasures are forbidden and make the ballot void. lf you wrongly mark, tear or deface the ballot card, return it to the precinct board member and obtain another' I HAVE VOTED - HAVE YOU? OFFICIAL BALLOT CITY OF SAN LUIS OBISPO SPECIAL MU NICIPAL ELECTION TUESDAY APRIL 26,2OO5 THIS BALLOT STUB SHALL BE FEI\4OVED AND RETAINED BY THE VOTER Mark your choice(s) bY FTLLING ttt ovll J coMPLETELY with a BLACK OR DARK COLORED PEN ONLY.a No. 12345 101 s A M P L E B A L L o T NO NO YES NO MEASURES SUBMITTED TO THE VOTERS Shall Resolution No. A-05 9590 (2004 series), amending the General Plan Land Use MaP bY designating 48.7 acres as general retail, 8.1 acres as office, 3.3 acres as medium- high density residential, 54.7 acres open space, wiih the remainder 16.2 allocated to roads and an interch in conjunction with the San Luis Obispo Marketplace development project, be adopted? Shall Ordinance No. B-05 144s (2004 series), amending the zoning regulations maP and approving a preliminary development plan forthe retailproject known astheSan Luis Obispo Marketplace, be adoPted? Shall Ordinance No. C-05 14s2 (2004 series), approving a DeveloP- ment Agreement and a Special Tax Reimbursement Agreement between the City, the Dalidio family and San Luis Obispo Marketplace, LLC for San Luis Obispo Marketplace project, END OF BALLOT YES be adopted? YES 3 / San Luis Obispo San VOTER INFORMATION PAMPHLET The following pages contain IMPARTIAL ANALYSES, ARGUMENTS AND REBUTTALS ANALYSES: The lmpartial Analyses are impartial summaries of the results of the proposed measures. ARGUMENTS: Arguments and/or rebuttal arguments in supporl of or in opposition to the proposed measures are the opinions of the authors and have not been checked for accuracy by any official agency. NOTE: The complete text of each ballot measure is available on the City's website at www.slocity.org, at the City Clerk's office - 990 Palm Street, at the Library - 995 Palm Street, or by calling 781-7057. VOTE BY MAIL (ABSENTEE VOTING) Voting by mail is available to ALL REGISTERED VOTERS. To appty for a MAIL BALLoT, filt in the Application Form on the back page of this Voter lnformation Pamphlet and mail it to the City Clerk by the deadline stated on the form itself. lf you are a Permanent Absent Voter, you do not need to return an Application, a Mail Ballot will be automatically mailed to you. 4 / San Luis Obispo CITY ATTORNEY'S IMPABTIAL ANALYSIS OF MEASURE A.()5 Pursuant to State law, the General Plan provides a comprehensive, long- term general plan for physical development within the City and neighboring lands related to the City's planning. The Land Use Element of the General Plan identifies the proposed distribution and intensity of uses for housing' business, industry, open space, natural resources, public facilities and other public and private uses. The General Plan Land Use Map shows land uses contemplated for different areas. Every development proposal must be consistent with the General Plan, Land Use Element and General Plan Land Use Map to be approved. The 131-acre Dalidio property is adjacent to the SLO Promenade shopping center, southeast of Madonna Road and the Post Office, northeast of Preiumo Creek, and west of Highway 101. On July 7,2004, the Council adopted Resolution No. 9590 amending the General Plan Land Use Map. The resolution was the subject of a referendum petition signed by more than 10% ol registered voters that required the Council to either repeal the resolution or put it belore the voters. On November 16,2004, the Council directed this measure be placed before the voters. The 1994 General Plan Land Use Map, in effect until the resolution that is the sublect o{ this measure was adopted, visually depicts uses for the Dalidio property. The General Plan Land Use Map is not precise' A 2001 development proposal for this site by the same developer was found by the City to be consistent with the General Plan Land Use Map and provided for these uses: r 40.0 acres General Retail r 60.0 acres Conservation/Open Space . 11.1 acres Medium-High Density Residential . 9.2 acres lnterim Conservation/Open Space (land kept open until constraints to development are overcome) o 10.2 acres for roads (Note: roadways are not specilically reflected in the General Plan Land Use MaP) The General Plan Land Use Map, as amended by Resolution No. 9590, provides for the following uses: t 48.7 acres General Retail o 54.7 acres Conservation/Open Space . 8.1 acres OJfice . 3.3 acres Medium-High Density Residential . 16.2 acres for interchange and other roadways A "yes" vote by a malority of those voting means that Resolution 9590 and the General Plan Land Use Map amendment will go into effect. A "no" vote by a majority oi those voting means Resolution 9590 is repealed and the General Plan Land Use Map amendment will not go into effect. /s/ Jonathan Lowell, City AttorneY The above statement is an impartial analysis of A'05. lf you desire a copy of the measure, please call the Ci$ Clerk's ollice at 781'7100 and a copy will be mailed to you at n0 cost. 5 / San Luis Obispo a ARGUMENT IN FAVOR OF MEASURE A.O5 The Dalidio farm is beautiful, but wishful thinking won't protect it...only City control will. Voting "yes" provides this control. Although many people wish it would remain in agriculture, lor over 40 years the City's General Plan has shown development on this land. REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE A.O5 Don't be conlused. The Marketplace is NOT about building out our General Plan or protecting the Dalidio farm. lt is about CHANGING the General plan and IGNORING its protections. Almost 607o of the property will be developed (an additional 10 acres), not the 50% limit historically imposed by the General Plan. Proposed stores can be accommodated in other areas ol the City, including Downtown. According to the General Plan, this should weigh against approving new developments like the Marketplace, The Marketplace will pose a real threat to Downtown due to the numerous small stores and proposed tenant line.up, which is another reason to reject the project. No proof exists that contraclual "disincentives" will protect the Downtown. Losing some of the City's subsidy will not stop the developer from stealing tenants from Downtown; that loss would be offset by higher rent such stores would usually pay, To protect Downtown, reject the Marketplace. lf not approved in the city, the Marketplace won't be approved by the County. Marketplace developers have demanded an unprecedented subsidy from the City of more than $22 million over 30 years. Landowners should be able to develop but FAIRNESS and the General Plan requires them to PAY THEIR OWN WAY. There is an old saying: 'A bad deal doesn't get any better." This proposed development is a BAD DEAL for everyone: neighborhoods, small businesses, taxpayers, landowners, and visitors. Save San Luis Obispo. Vote "NO" on Measure A-05, /s/ Mila Vujovich-LaBarre, Save San Luis Obispo President; High school teacher /s/ Matthew J. Mackey, Cal Poly Student /s/ Richard J. Krejsa, Former Co. Supervisor /s/ Christine Mulholland, City Council Member /s/ James T. Fickes, Architect A.l.A. While the property is sunounded by the City, it is not within the City Unless annexed, the City has no control over its use, The Dalidio family will not agree to annex without lair use of its property....and no one has come foruard with the millions of dollars needed to buy the land for open space. ln the early 1990's the Dalidio family offered a compromise allowing it to develop about half of the property, leaving the remainder in open space. The Council unanimously agreed and included this approach in the 1 994 General Plan, Atter being rejected by the City, in 2001 a project was proposed to the County. lf developed in lhe County, the City would lose: project control, open space, tax revenue, downtown protections, and a needed interchange. The Council urged the County to return the applicant to the City, which it did after all parties hammered out compromises made in good faith, resulting in a proposal much more aligned with the City's General Plan. While the proposed General Plan change allows a small increase in development, it protects forever 79 acres of open space; 55 acres on the Dalidio Farm and another 24 acres in the Buckley Road area, where "sprawl" is a real threat. This open space protection is greater than envisioned in the General Plan. Voting '\tes" to minor General Plan amendments guarantees City control and real long-term benelits and protections for our community. /s/ Dave Romero, Mayor /s/ John R. Ewan, Councilmember a a aa a a aa a a a 6 / San Luis Obispo ARGUMENT AGAINST MEASURE A.O5 Vote "NO" on Measure A-05. Stop the massively out-of'scale Marketplace project proposed by Los Angeles developer Bill Bird and his Texas financial partners, This election is a battle for the Heart and Soul of San Luis Obispo. We have a unique quality of life in San Luis Obispo that is deeply cherished by residents, old and new. Will we continue to grow in a manner that protects these values? Or will we succumb to commercial sprawl along 101 , which jeopardizes our local small businesses, as have many other once special and individual cities that evolved into carbon copies of one another? That is our choice in this election. The Marketplace will: Replace a beautiful image-giving freeway entry to our city with an undistinguished, generic commercial center. Construct more retail space than all of Downtown, and considerably more than all the existing Madonna Road malls combined. Signilicantly increase traffic jams on Madonna, Los Osos Valley and South Higuera and lead to stop-and-go traffic on 101. Even the freeway interchange that will be built at Prado Road, mostly at City expense, will not relieve this traflic mess. Severely injure our thriving, award-winning, unique, and fun Downtown. The Marketplace will suck away more than 13% ot Downtown's sales. That will lead to empty stores with boarded windows, lost patrons, and economic decline similar to that in downtowns of other cities that have pursued commercial sprawl. Threaten the future linancial stability of our City by establishing a precedent setting sales tax subsidy of $750,000 to the developer for each of the next 30 years. REBUTTAL TO ARGUMENT AGAINST MEASURE A.O5 The opponents' argument uses scare tactics and pushes emotional buttons' but lails to offer a strategy for protecting even a single acre of the Dalidio Farm! Here are the facts: Voiing "yes" on Measure A prevents sprawl by preserving forever 79 acres of open space: 55 acres on the Dalidio Farm (already sunounded by development) and 24 acres in the Buckley Road area, where sprawl is a real threat. Economic experts predict that the Downtown will benefit overall because the Marketplace will restore SLO as "the place to shop" in the region. Local merchants are already intensely competing against millions of square feet in retail space in Santa Maria, Arroyo Grande, Paso Robles and elsewhere. Our merchants have no hope of attracting shoppers il they are miles away, shopping in other towns. The City will continue to treat the Downtown as our "heart and soul," and with the Court Street project, Children's Museum, Art Center, County building and Chinatown development, Downtown's future is brighter than ever. "GridlocK'on Cig streets and Highway 101 is NOT predicted inlhe proiect EIR that was certified by both the Planning Commission and the Council. "Sales tax giveaway"? Nonsense! The sales tax sharing strategy will bring substantial new revenues to the community - revenues that we will never get without the project. A "yes" vote on Measure A-05 guarantees City control, real long'term benefits and protections, and new shopping opportunities for our community' /s/ Dave Romero, Mayor /s/ John Ewan, Vice Mayor /s/ Ken Schwartz, Former Mayor and City Council Member /si Dodie Williams, Retired Downtown Association Administrator and former City Council Member /s/ Lauren Brown, Civic Leader o a a a a San Luis Obispo's Planning Commission said NO to the Marketplace. lt is bad for our City and our quality of life. Save San Luis Obispo, Vote "N0" on A-05. /s/ Amena Atta Roalman, Environmental Engineer /s/ Mila Vujovich-LaBarre, Save San Luis Obispo President; High school teacher /s/ David R. Booker, CEO, First Bank of SLO /s/ Cydney Holcomb, Neighborhood Advocate /s/ Myron J. Graham, Ret: Councilman 7 / San Luis Obispo CITY AfiORNEY'S IMPARTIAL ANALYSIS OF MEASURE B.()5 The City's zoning regulations, based on the General Plan, guide the development of the City in an orderly manner, protect and enhance the quality of the natural and built environment, and promote the public health, safety and welfare by regulating the use of land and buildings and the location and basic form of structures. The zoning regulations set forth with particularity what uses and types and sizes of structures are permilted. The zoning regulations allow for a planned development overlay zone to provide greater {lexibility in applying zoning standards in order to address special site features, land uses on adjoining properties and environmental factors, The regulations also allow for special consideration overlay zones for especially sensitive sites where a use permit with lurther City review is required before development may be finalized. The 131-acre Dalidio property is adjacent to the.SLO Promenade shopping center, southeast of Madonna Road and the Post Office, northeast of Prefumo Creek, and west of Highway 101. The property is not within the City limits, has not yet been annexed to the City, and therefore was not covered by City zoning regulations until the Council adopted Ordinance No. 1449 on August 3, 2004. The ordinance was the subject of a referendum petition signed by more than 10% of regislered voters that required the Council to either repeal the ordinance or put it belore the voters. On November 16, 2004, the Council directed this measure be placed before the volers. This ordinance prezoned the Dalidio property, subject to eventual annexation into the City, as follows: t 48.7 acres Retail Commercial with a planned development overlay (this part of the action also approved a preliminary development plan for the project, i.e. the shopping center design, but that plan is subject to further City review by the Architectural Review Commission and City staff)r 8.1 acres Office with special consideration overlayo 3.3 acres Medium High Residential with special consideration overlayr 45.0 acres Agriculturet 9.7 acres Conservation/Open Spacet 16.2 acres {or interchange and roads All of these changes are conditioned upon final annexaiion of the area into the City, whereupon the prezoning designations will become the zoning regulations for the property. The prezoning/zoning changes are consistent with the General PIan Land Use Map adopted by the Council on July 7, 2004. A "yes" vote on this measure by a majority of those voling means Ordinance No. 1449 will go into effeci allowing the prezoning, zoning and preliminary development plan approval for the development proposal upon annexation of the Dalidio properly into the City. A "no" vote by a majority of those voting means Ordinance No. 144g is repealed, thereby not allowing for prezoning, zoning and approval of a preliminary development plan lor the Dalidio property. /s/ Jonathan Lowell, City Attorney The above statement is an impartial analysis of Measure B-0S. lf you desire a copy of the measure, please call the City Clerk's otfice at 781. 7100 and a copy will be mailed to you at no cost, 8 / San Luis Obispo ARGUMENT IN FAVOR OF MEASURE B.()5 Zoning implements the General PIan - and voting "yes" will implement zone changes and a development plan that bring the following benelits to our community: San Luis Obispo is unique in its planning, and has proactively adopted strict standards for design, building size, traffic Jlow, landscaping and parking {or large commercial centers of this kind. This project fully complies with our high standards. ln accordance with the City's rigorous development and environmenlal standards, this project has been reviewed extensively by the City's Architectural Review Commission and the Council. It is designed to minimize competition with the downtown, while providing new shopping opportunities such as Target, Old Navy, and Whole Foods. The development will preserve 79 acres of open space forever. 55 acres on-site and another 24 acres oi prime agricultural land at the edge of the City in the Buckley Road area, where sprawl is a real threat. Construction of the Prado Road interchange has been a City goal for many years, and is vital to creating a new cross-town connection that will relieve traflic congestion in several neighborhoods. Without this interchange and the cross-town connection, traffic in ihese neighborhoods will worsen over time. The development plan includes 60 units of new affordable housing, meeting a major City need. The zone changes allow a small increase in development area, but yield more open space protection and greater economic benelits to the community. Voting "yes" on the zone changes and the development plan guarantee these many benefits and protections for our community. /s/ Dave Romero, Mayor islJohn R. Ewan, Councilmember REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE B-05 Don't be misled by the proponents' list ol benefits they claim the Marketplace project will bring. Every alleged benelit has a COST associated with it and these costs will be paid by you as residents, small business owners, landowners and taxpayers' The Prado lnterchange is the first link in a chain of roadways the City is proposing to route traffic into neighborhoods and through athletic fields near Broad Street and Tank Farm. To pay more than $40 million over 30 years for its share of the lnterchange and related improvements, the City will need to tap into the General Fund or more than double development lees or BOTH. 20,000 new daily vehicle trips due to shopping clustered in a single location means more time waiting at signals or snarled in traflic. This means every driver, including shoppers, will spend more time in the car going nowhere. The Marketplace will make our housing crisis worse. lt would take 734 housing units, not the 60 proposed, to accommodate the 1600 new - mostly low wage - jobs it will generate. Fewer houses will be built if the Marketplace is approved. Additional development costs arising from the lnterchange are being imposed on planned housing in the South Higuera area. These costs, in addition to other increases in fees needed to fund the City's debt, will discourage housing construction. Join the Planning Commission and vote NO to truly benelit your community. Save San Luis Obispo. Vote "NO" on Measure B-05. /s/ Mila Vujovich-LaBane, Save San Luis Obispo; High school teacher /s/ Kathy Smith, Former SLO Council Member /s/ Bob Lavelle, DBA Lavelle Const., Chair ECOSLO /s/ Christine Mulholland, City Councilmember /s/ Orval Osborne, Planning Commissioner a a o a a a a a a 9 / San Luis Obispo ARGUMENT AGAINST MEASURE B.O5 Vote "NO" on Measure B-05. Say NO to the huge negative impacts on your life caused by the massive Marketplace project by LA developer Bill Bird and his Texas financial partners. Bird's Marketplace is BIGGER than any retail development in the City's history, lt is not - as its proponents maintain - just another shopping center. Consider its size: 615,000 square feet of retail space, more than all of Downtown. Acres of parking - more than 2,000 spaces - creating a field of asphalt. 16 acres of roads in this pedestrian unfriendly center 20,000 additional vehicle trips created per day, causing gridlock and harming nearby neighborhoods. Signilicant new air pollution from all this additional driving. Views will be obscured by a freeway interchange at Prado Road. Widening ol San Luis Creek - perhaps with a concrete lining - to accommodate the new interchange. a a a a a Better alternatives exist than the Marketplace. Phased, more modest retail growth appropriate to San Luis Obispo's size can be better absorbed by our economy. Stores like Target and Circuit City can locate on box store pads on Los Osos Valley Road, including those already approved by the City. Underutilized areas at the edge of Downtown can be redeveloped, accommodating large tenants like Old Navy or even a department store, in a manner that strengthens rather than weakens our historic Downtown, and complements, not destroys, our quality of lile. But the Marketplace is so huge that it will foreclose such better alternatives and tie the hands ol decision makers for decades to come. Because of its harmful community impacts, San Luis Obispo's Planning Commission said NO to the Marketplace, Vote lor a better future. Save San Luis Obispo. Vote "NO" on B-05. /s/ Kent M. Taylor, Treasurer, Save San Luis Obispo /s/ Cydney Holcomb, Neighborhood Advocate /s/ Michael R. Boswell, Planning Commissioner, Assistant Professor /s/ Myron Graham, Ret Councilman /s/ Richard Kranzdorf, Cal Poly Professor 10 / San Luis Obispo REBUfiAL TO ARGUMENT AGAINST MEASURE B.O5 lf this property is not annexed and governed by City zoning regulations, it could develop in the county without City review and our high design, parking, landscaping and open space requirements. There is strong demand for Target, Old Navy and Whole Foods, who seek to locate on this property. lt's absurd to think they would fit in our historic Downtown. Lastly, if these stores develop elsewhere, who might next seek to develop the Dalidio site? (Hint: think "W".) The project plan is a "power cente/' - large stores where people drive to shop. A pedestrian friendly development of small shops and cafes would directly threaten Downtown. This project provides a wide variety of shopping oppodunities so residents don't have to travel out of town to buy goods they need. Lots of parking? Yes, but only enough to meet City standards. We'll drive to this center, just like to the shopping centers nexl door. The City has required extensive landscaping to screen and enhance parking areas. The City required the developer to include this long-planned interchange because it is necessary for sunounding areas, neighborhoods, and this pro1ect. lt will have minimal visual impact on hill vistas. lnterchange financing will come solely from new development and new revenues generated by the project. Arguments about "gridlocK', "concrete lined creeks" and unmitigated air pollution are ridiculous and just more scare tactics. A'!es" vote on Measure B-05 will assure City control and carefully planned growth for our community. /s/ Dave Romero, Mayor /s/ John Ewan, Vice Mayor /s/ Ken Schwartz, Former Mayor and City Council Member /s/ Dodie Williams, Retired Downtown Association Administrator and former City Council Member /s/ Lauren Brown, Civic Leader CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE C-05 Development agreements are authorized by California and local law. They specify rights and responsibilities oJ the City and a developer. They establish terms and conditions under which projects may proceed. They are generally used for large, complex or phased projects with extended construction times and numerous public improvements. Under a development agreement, a proiect proceeds under rules in effect when approved or as othenarise specified in the agreement. Development agreements provide certainty lor developers while allowing the City to gain improvements it might not othenruise be able to require as conditions oi development. ln conjunction with its development proposal lor the 131-acre Dalidio property, located adjacent to the SLO Promenade shopping center, southeast ol Madonna Road and the Post Oflice, northeast of Prefumo Creek, and west of Highway 101, the developer proposed a development agreement. ln January 2004, the Council approved general terms for inclusion in a development agreement, and directed staff to negotiate a final agreement for consideration. On August 11, 2004, the Council adopted Ordinance No. 1452 approving a Development Agreement (and Separate Special Tax Reimbursement Agreement) between the City and the developer. The ordinance was the subject of a referendum petition signed by more than 10% of registered voters which required the Council to either repeal the ordinance or put it be{ore the voters. On November 16, 2004, the Council directed this measure be placed before the voters. The Development Agreement and Special Tax Reimbursement Agreement provide, in part: Developer is allowed to develop in substantial conformity with the preliminary development plan approved by Ordinance No. 1449. City rules and fees in effect at the time the Development Agreement takes effect, or as otherwise provided in the agreement, control over later adopted rules. Processing of additional approvals must be consistent with the agreement and the applicable rules. Developer will provide a conservation easemeni preserving 54.7 acres on site in agriculture or open space. Developer will pay up to $192,000 to preserve 24 off-site acres in 0pen space. Developer will ensure construction of the Prado Road interchange (no building permits for project until interchange construction contract awarded). 70% oi the interchange will be funded through a community facilities district bond for which developer will be wholly responsible for repaymeni. (Note: The agreements don't discuss funding of the remaining 30% share. Pursuant to City policy, it will be funded with lees from properties developing elsewhere in the City.) Up to 50% oJ defined excess sales tax revenue (DESTR), per the Special Tax Reimbursement Agreement, may be reimbursed to developer to meet its bond obligation. Adjustments to DESTR will be made to discourage uses in the project that negatively impact downtown. Remainder ol tax revenue (50%+) goes to the City. A "yes" vote by a majority of those voting means Ordinance 1452 and the Development and Special Tax Reimbursement Agreements will take elfect. A "no" vote by a majority oJ those voting means Ordinance 1452 is repealed and the Development and Special Tax Reimbursement Agreements will not take effect. a a a a a a a a a a /s/ Jonathan Lowell, City Attorney 1'1 / San Luis Obispo The above statement is an impartial analysis of Measure C'05. ll you desire a copy of the measure, please call the City Clerk's otfice at 781' 7100 and a copy will be mailed to you at n0 cost. a a a ARGUMENT IN FAVOR OF MEASURE C-05 Voting "yes" on the development agreement guarantees many unique benefits for our community, including: Permanent Open Space Protection. Preserves 79 acres of open space loreven 55 acres on-site and another 24 acres offsite in an area where sprawl is a reallhreat. REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE C.Os This project is NOT about protecting our community by providing net new revenue. The Marketplace will neither improve the City's Jinancial condition nor solve any existing traffic problems by building an othenruise unnecessary lnterchange. It threatens Downtown and allows more development at the gateway to our City than contemplated by the General Plan. The Development Agreement GIVES the developer half the sales tax revenue from the Marketplace. lf the same stores open elsewhere in San Luis Obispo, the City will keep twice as much sales tax revenues - $1,500,000 - without putting City seruices (such as police and fire protection and street improvements) at risk due to new debt from the City's share of the Prado lnterchange. This project won't be approved in the County: Urban level services needed by such an intense development can't be provided efficiently by the County, which is why County Planners have already recommended against it. County money won't be used to subsidize the developer's obligation to build the lnterchange. The Marketplace won't be cost eflective to build with such additional costs due to its acknowledged "skinny" prolit margins. Project approvals by the County are subject to the referendum process. County voters are no more likely to favor this massive project than are those in the city. Even with so-called "protections," Downtown stores will close as 920 million in sales are transfened from Downtown to lhe Marketplace. Protect our City's fiscal resources and our unique quality of life. Save San Luis Obispo. Vote "NO" on Measure C-05. /s/ Mila Vujovich-LaBarre, Save San Luis Obispo; High school teacher /s/ Richard J. Krejsa, Former County Supervisor /s/ James R. Dee, Palm Theatre Owner /s/ Christine Mulholland, City Councilmember /s/ M. Robert Davis, Founder Apple Farm Prado Road lnterchange. Creates a linancing mechanism-tota//y funded by new development-{o construct the Prado Road interchange, a longstanding General Plan goal. The developer is responsible lor 70% of interchange costs, with other new development responsible for the remaining 30%. The develope/s share is lunded by special bonds that are so/e/y his responsibility to repay: the City will have no liability for them whatsoever. The agreement also ensures that building permits for the project won't be issued until the City awards the interchange construction contract. $750,000 in "Net" New Revenues Annually, Provides for partial reimbursemenl to the developer for some of the extraordinary costs of his special bond repaymenls by sharing up to 50% of the net new sales and hotel taxes-after accounting for transfers from existing businesses-generated by the project. This results in net new revenues to the City of about $750,000 annually, which will grow signilicantly over time. a These new revenues will help deliver important day-to-day services like police, fire, street maintenance and parks. However, if the project develops in the County, none ol the City's design, environmental, and Downtown protections will be in place, and we won't receive one dime in new revenue. ln fact, cunent City revenues will be reduced by any translers to the County project. a Downtown Protection. lmposes significant economic penalties for creating smaller, competing slore spaces and relocating stores from the Downtown. Voting "yes" on the development agreement brings these long-term beneiits and protections for our community. /s/ Dave Romero, Mayor /s/John R. Ewan, Councilmember 12 I San Luis Obispo ARGUMENT AGAINST MEASURE C.()s Vote "N0" on Measure C-05. Say NO to the sweetheart deal that would give more than $22 Million of sales tax dollars to the Marketplace developers as a 'Thank You" for building the project. Who are the recipients of this gift? LA developer Bill Bird, whose last project in the City - the Central Coast Mall - went bankrupt, defaulted on obligations to the City and was bulldozed by his creditors. Seeking to gain approval for the Marketplace, Bird's financial partners from Texas funneled thousands of dollars into the last City election using a loophole that allowed them to circumvent City limits on campaign contribuiions. At a time ol fiscal challenge, the Marketplace will transier sales lrom all other commercial centers in ihe City. The unprecedented $750,000 per year sales tax rebate to the developer and the City's share ol the Prado interchange and related expenses will cost the City more than $40 Million over lhe next 30 years. These enormous long term financial commitments limit our City's ability to eliminate existing traffic bottlenecks or unsafe intersections, to expand our network of bike lanes and paths, to provide adequate services for our seniors or to maintain high quality police and lire protection. Tourism is a critical part of San Luis Obispo's economy, with bed tax revenues comprising a significant component of the City's budget. Out-of- towners love the small town Jeel of San Luis Obispo; shopping Downtown invites walking, conversing and stopping to smell the roses. The pedestrian' unfriendly, "Anywhere USA" Marketplace will have no similar allure. lf San Luis Obispo and our Downtown don't remain an attractive and unique destination for visitors, we will lose far more than we gain. This financial boondoggle was called a bad deal by San Luis Obispo's Planning Commission. Say NO to sales tax giveaways, Save San Luis Obispo. Vote "NO" on C'05 /s/ Mila Vujovich-LaBarre, Save San Luis Obispo, President; High School Teacher /s/ David R. Booker, CEO, Firstbank of SLO /s/ Linnaea Phillips, Owner Linnaea's Cai6 /s/ Cydney Holcomb, Neighborhood Advocate /s/ Myron Graham, Ret. Councilman REBUTTAL TO ARGUMENT AGAINST MEASURE C.()5 The development agreement protects the City's interests, not the develope/s. lt does not change any of the City's high development standards or project approval "ground rules." However, a "yes" vote assures important guarantees to the City by: Preserving 79 acres of open space-forevef. Financing construction of the Prado Road interchange-totdll. funded by new development. Assuring that this interchange will be built, and on a timely basis. r Protecting the Downtown. o Generating significani new City reuenues"$711,000 annually. The opponents'lacts and conclusions about the {iscal impacts of this proiect are wr1ng. Under the protections guaranteed by the development agreement, this project will generate $750,000 annually in "net" new General Fund revenues-A@ adjusting for transfer effects and the tax sharing agreement. Along with this, the community gains two unique benefits that far exceed what would be expected from any other project in the City: Preserving about half of the site in permanent open space-and an additional 24 acres olfsite. a a t a o Ensuring construction of the interchange before construction on the project can begin-and funding 70% ol its costs. To make this feasible, the City is using a common straiegy that reimburses up to 50o/o oi the net new revenues generated by Ihe proiecl-lhiat vve wpuU not have at all without it. A "yes" vote for this practical approach provides the City with substantial "net prolit" while ensuring construction ol an expensive interchange and preservation forever of significant open space. /s/ Dave Romero, Mayor /s/ John Ewan, Vice Mayor /s/ Ken Schwartz, Former Mayor and City Council Member /s/ Dodie Williams, Retired Downtown Association Administrator and former City Council Member /s/ Lauren Brown, Civic Leader 13 / San Luis Obispo Mark your calendar r r r r..don'tforget! APRIL 2OO5 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 I I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 262425 27 28 29 30 VOTE I APRIL 26,2005 CAUTION ! ! I Your POLLIN? PLA)E for this C|TY ELECTION may be different from the polling place you went to for the last County Election. Please check the back page of this pamphlet for the correct location. 14 / San Luis Obispo BECOME A ''PERMANENT MAIL BALLOT VOTER" Pursuant to California Elections Code S 3201, . . . Any voter may apply for permanent mail ballof sfafus. This means for all tuture elections, you will automatically be mailed a ballot for every election you are eligible to participate in. You will no longer have to fill out a Mail BalloUAbsent Voter Ballot Application form, from either the back of the Sample Ballot booklet, or from any candidate or committee who circulates such forms. Pursuant to California Elections Code S 3206, . . . Any voter whose name appears on the permanent mail ballot list shall remain on the list and shall be mailed a mail ballot for each election conducted within his/her precinct. lf the voter fails to return an executed mail ballot for any statewide general election, the voter's name shall be deleted from the list. You may request an application for Permanent Mail Ballot Status from the SA'V LUIS OBISPO COUNTY ELECTION DEPARTMENT by phone: 805-781-5228 by writing: couNTy cLERI<lREcoRDER 1144 MONTEREY STREET sAN LU|S OB|SPO, CA 93408. From:370* a*bru cter'/' * o o " *ELECTION MAIL Authorized by the U.S. Postal Service* *-* * Postage Place Stamp Here * @ OFFICE OF THE CITY CLERK CITY HALL 990 PALM STREET PO BOX 8117 SAN LUIS OBISPO CA 93403.8117 ll,l" " ll',1" 111,,,,,11,1,,1,,,,11" ' lll', ' ll,l" l' l, " ll" l \ OFFICE OF THE CITY CLERK CITY HALL 990 PALI\N STREET PO BOX 8117 SAN LUIS OBISPO CA 93401.3249 805/ 781-7057 FAX 805/ 781-7109 t.r,.rolrooo " "ELECTIUN MAIL Authorized bv lhe U.S. Postal Service* t'* * *PRSRT STD U.S. POSTAGE PAID DD 92831 * @ POLLS OPEN AT 7 A.M. AND CLOSE AT 8 P.M. WHEN POLLING PLACE IS INACCESSIBLE TO THE HANDICAPPED BALLOT MAY BE VOTED OUTSIDE THE POLLING PLACE NOTICE TO PERMANENT ABSENT VOTERS: lf you are a Permanent Absentee Voter, you DO NOT have to complete this Application to "Vote by Mail", or any other Absentee Voter Application you receive from candidates or committees. A "Vote By Mail" Ballot will automatically be mailed to you. J TEAR ON PERFORATED LINE AND ATTACH POSTAGE TO REVERSE SIDE J APPLICATION TO "VOTE BY MAIL'' CITY OF SAN LUIS OBISPO, SPECIAL MUNICIPAL ELECTION, APRIL 26,2OO5 To obtain a vote by mail ballot, complete the information on this form. This application may be faxed to the elections official. This application MUST BE RECEIVED by the elections official by: APRIL 19, 2005 Print Name Residence Address in the City (PO Box, Rural Route not acceptable) Date of Birth (mo/dayiyr) PRINT MAILING ADDRESS FOR BALLOT (l{ dillerent from your residence address) Note: Organizations distributing this form may NgI preprint the mailing address inlormation. Number & Street / P.O. Box City State zip Fi rst Middle Last City and Zip Phone # THIS APPLICATION WILL NOT BE ACCEPTED WITHOUT THE PROPER SIGNATURE OF APPLICANT lhavenotappliedforavotebymailballotforthiselectionbyanyothermeans. lcertifyunderpenaltyofperjuryunderthelawsofthe State of Calilornia that the name and residence address and inlormation I have provided on this application are true and correct. X Polling PlaceSIGNATURE OF APPLICANT WARNING: Perjury is punishable by imprisonment in state prison tor two, three or lour years. (Seciion 126 ol the Calilornia Penal Code.) Ballot Group No. and Voter lD No. Precinct No. v ?lr Polling Place Description Polling Place Address Precinct No. and Handicapped Accessibility. BALLOT TYPE 40200 FOR OFFICIAL USE ONLY Precinct No Ballot Group No. Date lssued Date Returned Ballot No. (optional) Any voter may apply lor PERMANENT ABSENT VOTER status. Contact your local couniy elections official lor further information. POSTMASTER DELIVER TO:6