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HomeMy WebLinkAbout07/16/1996, 2 - NACIMIENTO WATER SUPPLY PROJECT, CHANGE IN LEGISLATION RELATIVE TO BODY CONTACT RECREATION IN WATER SUPPLY RESERVOIRS council July 16 1996 acEnba RePORt CITY OF SAN LUIS 0B19P0 FROM: John E. Moss, Utilities Director SUBJECT: Nacimiento Water Supply Project, change in legislation relative to body contact recreation in water supply reservoirs CAO RECONDMENDATION 1. Adopt a resolution supporting the San Luis Obispo County Flood Control and Water Conservation District's(SLOFCWCD)efforts to seek legislative relief for the Nacimiento Water Supply Project from the provisions of Chapter 8, Section 4050 of the State of California Health and Safety Code restricting the simultaneous use of Nacimiento Reservoir for body contact recreation and drinking water supply, and, opposing any efforts by the SLOFCWCD to include in such legislative change language which would affect the existing provisions of Chapter 8, Section 4050 of the California Health and Safety Code relative to Salinas and Whale Rock Reservoirs. 2. Authorize the Mayor to execute, on behalf of the Council, a letter of support for said legislative change to the Chairman of the San Luis Obispo County Board of Supervisors, and direct staff to prepare future letters to the City's State Senate and Assembly representatives as appropriate. 3ISCUSSION Background The City of San Luis Obispo is currently seeking to develop additional water resources to meet water demand at full build-out as defined in the adopted General Plan. One of the sources of water being pursued is the Nacimiento Water Supply Project. The City, along with 15 other agencies including the County as lead, are pursuing the development of a pipeline and other facilities needed to bring Nacimiento water to communities along the Highway 101 corridor from Paso Robles to areas just South of San Luis Obispo. A preliminary feasibility study (Phase 1)has been completed which has determined that the project can reliably provide the anticipated yield of 17,500 acre feet per year. The project is currently undergoing preliminary design and environmental review (Phase 2). Following this phase of work, all participating agencies will be asked to commit to agreements for design, construction and use of the Nacimiento Water Supply Project. This will be a very significant financial commitment for all participating agencies. Given the significance of this project to the.City as a water resource and the financial commitment it will involve, the City must be assured that, prior to signing the final agreements for design and construction of the project, all obstacles which may preclude the City's ability to enjoy the use of the project water are removed. One such obstacle is Section 4050 of the State of California Health and Safety Code which precludes body contact recreation in water supply reservoirs used for domestic consumption. Put another way, this same law may preclude the City's use of the k/ Council Agenda Report - Nacimiento Water Supply Project Page2 water for domestic purposes as long as body contact recreation is occurring at the reservoir. Section 4050 This section of the Health and Safety Code was originally written to provide for multiple use of public waters within the state, "to the extent that multiple use is consistent with public health and public safety". Part b. of section 4050 seeks to ensure surface water supply reservoirs used for domestic purposes are adequately protected from human viral and bacterial contamination by prohibiting recreation "in which there is bodily contact with the water by any participant". Section 4053 of the California Health and Safety Code provides a specific exemption for the County of San Diego from these requirements and restrictions. It is specifically this type of exemption which staff is recommending be pursued relative to the Nacimiento Water Supply project through legislative action. It is staffs understanding that the SLOFCWCD does plan to seek this legislative relief for the Nacimiento Water Supply project and possibly other reservoirs in the County. Possible options to the legislative action have been identified. These include; use of a log boom in the reservoir upstream of the outlet structure to provide 30 days detention time with restricted recreational use, and, seeking an administrative decision letter from the State Department of Health Services allowing the use of the water as a domestic supply in non-compliance with the provisions of Section 4050. Both of these alternatives would be considered administrative exemptions and rely on a staff level interpretation of the existing law. Given the significant financial investment the City will make in the Nacimiento Water Supply project, and our future reliance on this water supply, these administrative options seem less than adequate. Sections 4050 through 4055 of the California Health and Safety Code are provided as Attachment A. Applicability to Other Reservoirs Staff has been advised by SLOFCWCD staff that they intend to pursue the necessary change in the law such that it will include Salinas (Santa Margarita Lake), Whale Rock and Lopez Reservoirs. Body contact recreation is currently not allowed at Salinas or Whale Rock Reservoirs. Lopez has a terminal.storage reservoir to provide 30 days detention time with no body contact. Staff has several concerns with the County's intent to include these other reservoirs in the legislative action. The legislative process will require time to complete. Any controversy in the proposed action will likely delay the process. Staff is concerned that including the Salinas Reservoir in the legislative action will generate such controversy. Many current recreational users of Salinas Reservoir enjoy Salinas because it does not allow the body contact activities such as water skiing, which may tend to disrupt the serenity of the lake and the uses they currently enjoy. Environmental interests may also be concerned with the impacts of increased recreation on the natural area. Additionally, the City of San Luis Obispo is the only domestic user of water from the reservoir and as such we are concerned with any changed use which may impact current or future water quality. All of these J-9Z Council Agenda Report - Nacimiento Water Supply Project Page3 same concerns would apply to Whale Rock Reservoir with the additional concern that increased recreational activity at Whale Rock will impact the reservoir's operational requirements such as staffing, provision and maintenance of facilities associated with the additional recreation, etc., which will result in additional costs to the City and the Whale Rock Commission. Nacimiento, on the other hand, does currently allow body contact recreation. The recreational interests and property owners around the lake, as well as the North County communities and the Nacimiento Water Supply project participants are all supportive of the legislative change relative to Nacimiento. The recreational interests are concerned that the Nacimiento Water Supply project and use of the water as a domestic supply might force an end to many of the recreational activities currently enjoyed at the lake. The North County communities are concerned with the subsequent loss in revenues generated from the recreational activities, and, the Nacimiento Water Supply project participants are concerned that their use of the water as a domestic supply may not be allowed by the current law given the existence of body contact recreational uses at the lake. A change in the law relative to Nacimiento would satisfy all of these concerns. Summary All in all, the change in the law relative to Nacimiento alone should provide a solid and non- controversial solution to the problem associated with section 4050 of the California Health and Safety Code. Precedent has been set with the exception provided San Diego County in section 4053. The added controversy created by the proposed change in the law relative to Salinas and Whale Rock Reservoirs will eliminate any opportunity for an uncontested change in the law. Staff is therefore recommending that Council take a strong stand against pursuit of the legislative action relative to Salinas and Whale Rock, and an equally strong stand in favor of the legislative action for Nacimiento alone. Staff has prepared a resolution (Attachment B) setting forth this position as Council policy for adoption. Additionally, staff has prepared a letter to the Chairman of the Board of Supervisors relative to Council's position for Council approval and requests Council authorize the Mayor to sign the letter and forward as appropriate (Attachment Q. Staff also recommends Council direct staff to forward similar letters to the City's State legislative representatives at the appropriate time setting forth Council's position on this matter. CONCURRENCES Staff has discussed the impacts of Section 4050 of the California Health and Safety Code and the proposed remedy with the City's water rights attorney and he concurs with staffs analysis and direction. Staffhas been advised that the more specific, simple and non-controversial we can make the required legislative action, the more likely the required change will be expeditiously processed. The Nacimiento Participants Advisory Committee has also taken a position consistent with that recommended by staff. ,24 Council Agenda.Report -. Nacimiento Water Supply Project s MCAL P PACT There is no fiscal impact with dle.recomrnended action. Attachments A= California Health and Safety_ Code, Sections 4050-4055. B - Resolution C - Letter to Bud Laurent ATrAC)�dT A § 4049.52 SANITARY PROVISIONS Div. 5 device testers. The local health officer may suspend, revoke, or refuse to renew the certificate of a tester, if, after a hearing before the local health officer or his or her designee, the local health officer or his or her designee finds that the tester has practiced fraud or deception or has displayed gross negligence or misconduct in the performance of his or her duties as a certified backflow prevention device tester. The local health officer may collect fees from certified testers to offset the cost of the certification program provided pursuant to this section. The certification standards shall be con- sistent with the backflow protection regulations adopted by the State Depart- ment of Health Services. (Added by Stats.1989, c. 956, § 3.) r § 4049.53. VIolations; misdemeanor Any person who violates any provision of this chapter, violates any order of the local health officer pursuant to this chapter, or knowingly files a false statement or report required by the local health officer pursuant to this chapter is guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment not exceeding 30 days in the county jail or by both such fine and imprisonment. Each day of a violation of any provision of this chapter or of any order of the local health officer beyond the time stated for compliance of the order shall be a separate offense. (Added by Stats.1989, c. 956, § 9.) Chapter 8 RECREATIONAL USE OF WATER SUPPLY RESERVOIRS Section 4050. Public policy; multiple and recreational uses. 4051. Reservoirs open for public'use; regulations. 4052. Definitions. 4053. San Diego County; recreational use involving bodily contact with water; conditions and restrictions for domestic use. 4054. Fees. 4055. Application of chapter to terminal reservoirs. Chapter 8 was added by Stats.1957, c. 2412, p. 4167, § 1. Library References Health and Environment C-31. ning and Public Works, 1957 to 1959,Vol. Waters and Water Courses x196. 13, No. 22, p. 9. Vol. 2 of Appendix to WESTLAW Topic &6s.'-199, 405. Journal of the Assembly, Reg.Sess., 1959. C.J.S. Health and Environment §§ 37 to 47. Sovereign immunity study. Ca1.Law Revi- U.S. Waters §§ 232, 269. Sion Comm. (1963) Vol. 5, 4 Beaches and parks. Reports of Assembly pp. 88, 489, Interim Committee on Conservation, Plan- 494• 490 C / CIi1.4510 �C�.�TZ.1 � JGrrI=T( L�CJ�E WATER SUPPLY AND TREATMENT Pt. 1 §4051 § 4050. Public policy; multiple and recreational uses (a) It is hereby declared to be the policy of this state that multiple use should be made of all public water within the state, to the extent that multiple use is consistent with public health and public safety. (b) Except, as provided in Section 4053, recreational uses shallnot,;:with respect to'a "reservoir in-which water is stored for domestic use, include recreation in"which there is bodily contact with the water by any participant. (Added by Stats.1957, c. 2412, p. 4167, § 1. Amended by Stats-1986, c. 1466, § 1.) Cross References Recreational uses to be considered in developing flood control or water conservation programs, see Water Code § 125825. Law Review Commentaries Title to lands in the coastal zone: Their com- tions. Thomas E. McKnight (1972)47 S.Bar J. plexities and impact on real estate transac- 408. Library References Waters and Water Courses x196. WESTIAW Topic No. 405. CJ.S. Waters §§ 232, 269. Notes of Decisions Transfer of property 1 statutory obligation to keep Dwinnell Reser- voir open for public recreation uses, and any purported transfer or sale of surface and fish- 1. Transfer of property ing rights is deemed void and any transfer of The Montague water conservation district real property surrounding the reservoir should owns no exclusive surface rights or fishing carry with it express reservation providing for rights which are permanently vested in the public access to said reservoir. 51 Ops.Atty. people of the state, and the district is under Gen. 153, 8-2-68. § 4051. Reservoirs open for public use; regulations All water supply reservoirs of a public agency, whether heretofore or hereafter constructed, shall be open for recreational use by the people of this state, subject to the regulations of the State Department of Health Services. (Added by Stats.1957, c. 2412, p. 4167, § 1. Amended by Stats.1971, c. 1593, p. 3280, § 186, operative July 1, 1973; Stats.1977, c. 1252,.§ 287, operative July 1, 1978.) y Historical and Statutory Motes Operative effect of amendment by Stats.1971, c. 1593, sec Historical Note under§ 20. Law Review Commentaries Public recreation and subdivisions on lakes tions. Thomas E.McKnight(1972)47 S.Bar J. and reservoirs in California. (1971) 23 Stan. 408, LR. 811. Title to lands in the coastal zone: Their com- plexities and impact on real estate transac- Library References Health and Environment a6. Waters and Water Courses x207. 491 � _S�y §4051 SAMTARY PROVISIONS CJ�H alh and Environment'§ 13.Topic Nos. 199, 405 Div. o CJS. Waters § 311. Surface and fishing rights 1 Notes of Decisions rights which are permanently vested in the r People of the state, and the district is under I. Surface and fishing rights statutory The owner of a dam is required by Fish g ry obligation to keep Dwinnell Reser. C.C. § 5943 to accord public access for the open for public recreation uses, and any [akin of fish to waters thereby Purported skitis deemedrvo d and any trand ansfer of provide the waterway y tmPounded, real property surrounding the reservoir should by fish. 53 Ops-Atty.Gen. 332,[1213�70uented carry with it express reservation Providing should The Montague [voter conservation district public access to said reservoir. = C for owns no exclusive surface rights or fishing Gen. 153, 8-2-68. Ops.Atty. e, § 4052. Definitions Unless the context otherwise requires, the definitions shall con-following r trol the construction of this chapter- (a) "Multiple use" includes domestic, industrial a� ' 'r tional uses. oncultural, and recrea- (b) "Public agency" means the state or any city, other than a chartered city, county, public district, or other public institution. Mss (c) "Reservoir" does not include ditches, canals, or any similar type water distributing facility. yP of (Added by Stats.1957, C. 2412, P. 4167, -` § 1. Amended by Stats.1986, C. 1466, § 2.) `r Historical and Statutory Provisions defining public agency, Notes to this section by the 1986 amenmenwere for. merly contained in § 4053. Libra Words and Phrases (Perm. Ed.) References § 4053, San DIego..Count onal Use with water; conditions and estrictloontact nsvforidomesty,c ic use g _ _ (a) In San Diems reservoir in which water lis tored recreational for domestic hulsen include respect to a Which there is bodily contact with the water b an recreation in the following conditions are satisfied: y y Participant, unless both of ` (1) The water subsequently receives complete water treatment including coagulation, flocculation, sedimentation, filtration, 'being used for domestic purposes. ton, and disinfection, before ' (2) The reservoir is operated in compliance with regulations of the depart- ment, as provided in Section 4051. ' (b) The recreational,use may I y be subject to additional conditions and restric- tions adopted by the entity operating the water supply reservoir, if the 492 r WATER SUPPLY ARID TREATMENT §4055 Pt. 1 conditions and restrictions do not conflict with regulations of the department and are designed to further protect or enhance the public health and safety. (Added by Stats.1986, c. 1466, § 4.) Historical and Statutory Motes Former§ 4053,added by Stats.1957,c.2412, § 1, defining public agency, was repealed by Stats.1986, c. 1466, § 3. •See, now, § 4052. § 4054. Fees The public agency operating any water supply reservoir which is open for recreational use pursuant to this chapter may charge a use fee to cover the cost of policing the area around such reservoir, including the cost of provid- ing the necessary sanitary facilities and other costs incidental to the recrea- tional use of such reservoir. (Added by Stats.1957, c. 2412, p. 4167, § 1.) § 4055. Application of chapter to terminal reservoirs This chapter does not apply to terminal reservoirs for the supply of domestic water. (Added by Stats.1957, c. 2412, p. 4167, § 1.) Chapter 8.5 WATER TREATMENT DEVICES _ Section 4057. Definitions. 4057.1. Regulations; criteria and procedures for certification of water treatment devices; standards; evaluation of test data offered by manufacturer of water treatment device. 4057.2. Certification; necessity; other certification; devices installed prior to opera- tive date of section; operative date. 4057.3. Enforcement of chapter, suspension, revocation or denial of certificate; civil penalty for violation; disposition of penalty collected; nature of remedies and penalties. 4057.4, List of water treatment devices certified. 40575. Fees. 4057.6. Consultation in development of regulations with persons with expertise and experience in public health. 4057.7. Disposition of fees collected. 4057.8. Loan to implement chapter; repayment. Chapter 8.5 was added by Stats.1986, c. 1247, § 1. Cross References Unlawful activities relating to water treatment devices, see Business and Professions Code § 17577.2. 493 o��O ATLCHMM B RESOLUTION NO. (1996 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING A LEGISLATIVE EM1VIP'ITON TO SECTION 4050 OF THE CALIFORNIA HEALTH AND SAFETY CODE RELATIVE TO NACM ENTO RESERVOIR WHEREAS, the City of San Luis Obispo is participating in the development of the Nacimiento Water Supply Project to provide the necessary water for the City to achieve full build-out as identified in the City's General Plan, and WHEREAS, this project will represent a significant financial investment on the part of the City and other purveyors participating in the project, and WHEREAS, the City of San Luis Obispo desires to ensure its ability to enjoy the use of the water from the Nacimiento Water Supply Project, and WHEREAS, the City of San Luis Obispo also wishes to ensure protection of the current beneficial uses of the Nacimiento reservoir including body contact recreation, and WHEREAS, Chapter 8, section 4050 of the California Health and Safety Code currently prohibits body contact recreation in reservoirs used for domestic supply, and WHEREAS, Chapter 8, section 4053 provides specific, conditional relief for San Diego County from the provisions of section 4050, and WHEREAS, similar legislation to that provided under section 4053, specifically applied to the Nacimiento reservoir, would serve to ensure the City's eventual use of Nacimiento water as a domestic water supply without limitation or restriction to the current beneficial uses of the reservoir, including body contact recreation, and WHEREAS, the City of San Luis Obispo wishes to continue to receive the full benefit and protection of Chapter 8, Section 4050 of the California Health and Safety Code relative to the City's other water supply reservoirs, Salinas and Whale Rock, and . WHEREAS, a change in legislation relative to Salinas and Whale Rock reservoirs is not necessary to continue their current use as domestic supply reservoirs, may cause considerable controversy thus delaying the required change in legislation relative to Nacimiento Reservoir, and, WHEREAS, the City desires to see no change relative to the application of Chapter 8, Section 4050 of the California Health and Safety Code which could facilitate a change in the recreational use of Salinas and Whale Rock reservoirs, possibly impacting water quality and operations of the reservoirs. c:2- 9 Resolution No. (1996 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby declares its support for the efforts and actions, of the San Luis Obispo County Flood Control and Water Conservation District and the legislative offices of the State of California, seeking modification to the provisions of Chapter 8, Section 4050 of the California Health and Safety Code, such that for the Nacimiento Water Supply Project, concurrent use of the Nacimiento Reservoir for domestic water supply and body contact recreational uses be allowed, consistent with the conditions expressed in Chapter 8, Section 4053 of the California Health and Safety Code as applied to San Diego County. BE IT FURTHER RESOLVED, that the City Council for the City of San Luis Obispo hereby opposes any efforts on the part of the SLOFCWCD to include in such legislative change language which would affect the existing provisions of Chapter 8, Section 4050 of the California Health and Safety Code relative to Salinas and Whale Rock reservoirs. Upon motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of 1996. ATTEST: City Clerk Mayor, Allen K. Settle APPROVED AS TO FORM: rn ATTACHMENT C ►iill�lll IIIIIillll III ���;������II�IIIII IIIIIII� cityo san vu�s oBispoa 955 Morro Street • San Luis Obispo, CA 93401 July 17, 1996 Lawrence (Bud) Laurent, Chairman San Luis Obispo County Board of Supervisors County Government Center, Room 207 San Luis Obispo, CA 93401 Subject: Nacimiento Water Supply Project, change in legislation relative to body contact in water supply reservoirs Dear Chairman Laurent: On July 16, 1996 the Council for the City of San Luis Obispo adopted a resolution (attached) in support of a legislative exemption to Chapter 8, Section 4050 of the California Health and Safety Code relative to the Nacimiento Reservoir. As you are aware, Section 4050 of the California Health and Safety Code prohibits body contact recreation in reservoirs used for domestic water supply. Conversely this same code section would prohibit the use of the water as a domestic water supply if there is body contact recreation occurring at the reservoir. The City of San Luis Obispo is concerned that the City's use of Nacimiento project water may be constrained by this law if legislative relief is not obtained. I have sent you previous correspondence emphasizing the importance of this issue and supporting your staff in their efforts to see the legislative change through. In that correspondence I also expressed my concerns relative to seeking this legislative change for other reservoirs in the county, and in particular the Whale Rock and Salinas Reservoirs. The City of San Luis Obispo does not support any efforts to seek a legislative change which would allow body contact recreation at these two reservoirs. The Salinas Reservoir is the primary water supply for the City and as such the City must do whatever is necessary to ensure the quality of water from this, reservoir is not compromised. Whale Rock Reservoir currently has only limited recreational use, with shore fishing being the only activity allowed, and any change in the law which may allow body contact recreation at Whale Rock would not only jeopardize water quality, but could significantly affect the operational requirements of the reservoir. Again, the City must do whatever is necessary to ensure the quality of water and the operations of this reservoir are not compromised. The City does, however, strongly support the change in legislation relative to the Nacimiento Reservoir. What differentiates Nacimiento Reservoir from the other water supply reservoirs in the county? The change is necessary to ensure the purveyors of water from the Nacimiento Water Supply Project are capable of using Nacimiento water for a domestic water supply. There is no known opposition to the change in legislation relative to Nacimiento. Nacimiento will �rCO, The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. y Telecommunications Device for the Deaf(805) 781-7410. S J-// Mr. Laurence Laurent Page 2 serve as a regional water supply and therefore any future regulatory impacts associated with body contact in domestic supply reservoirs will be shared regionally. Nacimiento will be only one of thriee water supply reservoirs serving San Luis Obispo. The City sees no benefit, and only additional risk and cost, associated with opening up its other water supply reservoirs to body contact recreation. Changing the legislation for only Nacimiento Reservoir will not affect any of the recreational opportunities currently enjoyed at any of the reservoirs in the county. The alternative would be to restrict the recreational uses at Nacimiento Reservoir, and given the importance of the Nacirmento reservoir to the recreational and financial interests of the County, this alternative would not be desirable. The change in legislation relative to the Nacimiento Reservoir is one which is desired and supported by all interests and as such should be pursued independently. The County can be assured that San Luis Obispo will not be the only opposition encountered should the County decide to pursue the change in legislation for other reservoirs in the county. In summary, the City of San Luis Obispo cannot support any efforts by the County to seek legislative relief from the provisions of section 4050 of the California Health and Safety Code which would also allow body contact recreation at Salinas or Whale Rock Reservoirs. The City will however, provide strong support for said change relative to Nacimiento Reservoir alone. If you would like to discuss this matter further or have any questions, please feel free to call me at 781-7417, John Moss, Utilities Director at 781-7205, or Dan Gilmore, Utilities Engineer at 781-7208. Sincerely, Allen K. Settle, Mayor Attachment: Resolution No. c: NPAC Representatives Jim Lindholm, County Counsel MEETIV l AGENDA DATE ITEM # RICHARD SCHMIDT 112 Broad Street, San Luis Obispo, CA 93405 (805) 544--4247 F, "'TTM CDD DIM 1. ry�u ❑ CO DIR July 15, 1996 ❑ FIN DIRCHIEF ❑ PW DIR Re: Nacimiento Project— 7/16 meeting ❑ POUCE CHF ' ❑ REC DIR To the City Council: "' TIL DIR ' ❑ PERS DIR It is outrageous that the city is seeking exemption from the state's "body con act" regulations for its drinking water in order to make the Nacimiento "project" fly in its current ill-designed form. (There are other configurations which would not prompt such action.) There are GOOD PUBLIC HEALTH REASONS FOR THE STATE DRINKING WATER REGULATIONS. Among otherthings, they are designed to protect us from epidemics of waterborne bacteria and parasites, as well as from outbreaks of deadly viral diseases like hepatitis which can make the AIDS epidemic seem like nothing. Such outbreaks are rare in California today precisely because of the high drinking water standards that are in effect. We are protected from them not because of "state of the art" filtration, but because we have built-in insurance (in the form of body contact regulations) against the certain failure on occasion of such filtration. Without them, we have no "insurance." NOTHING SHOULD BE MORE IMPORTANT TO YOU THAN PROTECTING THE BODILY HEALTH OF THE CITIZENS. Yet your staff, none of whom have the slightest competence to advise you on public health matters, in their smug stupidity and ignorance urge you with their simplistic illogic to move ahead with things you and they don't understand (or perhaps wish to ignore). This recommendation is the natural outcome of the administrative mess you have allowed to develop at city hall. Mr. Dunn now has the sort of "team" he wants -- a bunch of sycophants, liars and yes men, with nary a dissenting view about anything to signal areas that should be of major concern to you -- and to him. That you have allowed this situation to develop -- and that it now threatens the public health at the most basic level -- is entirely your own doing. When, I keep asking, are you going to clean out the administration from the top down and get this town back on track? If you proceed with this staff recommendation, you will be signaling to the world that you don't give a damn about the health of your constituents and that nothing, absolutely nothing, will stand in the way of your wet dreams to make San Luis Obispo ripe for npoff by development, even at the cost of the health and lives of your citizens. Richard Schm t