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HomeMy WebLinkAbout02/04/2003, AGENDA council Agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, February 4, 2003 Action Update 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street Present: Council Members John Ewan, Ken Schwartz, Allen K. Settle, Vice Mayor Christine Mulholland, Mayor Dave Romero PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA(not to exceed 15 minutes total) The Council welcomes your input. You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time, you may address the Council on items that are not on the agenda or items on the Consent Agenda. Time limit is three minutes. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights(Gov.Code Sec.54954.2). Staff may be asked to follow up on-such items. Staff reports and other written documentation relating to each item referred to on this agenda are on file in the City Clerk's Office in Room 1 of City Hall. Lionel Johnson reported on last Saturday's work day at Whale Rock Reservoir. He noted that trees and schrubs were planted thanks to the efforts of many volunteers working with donated materials from several local businesses. Mary Beth Schroeder provided patriotic comments. Suzanne Miller and Charlie Senn asked the Council to consider the critical need for larger medical office space in SLO and to take action to change certain Land Use Element policies that prohibit these uses in the airport area. Staff was directed to rerturn with a discussion of large medical office uses as part of the Annual Report on General Plan Implementation. Kelvin Harrison reiterated claims of discrimination and harrasment. Jan Marx provided some suggestions to the Council about their upcoming selection of a new City Attorney. Council Agenda TuesdayAFebruary 4, 2003 Action Update CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. The public may comment on any item on the Consent Calendar. C1. MINUTES OF TUESDAY JANUARY 7, 2003, TUESDAY, JANUARY 14,2003, AND TUESDAY, JANUARY 21, 2003. (PRICE) RECOMMENDATION: Waive oral reading and approve as presented. ACTION: Approved, with revisions to January 7`r' and January 21st. (5:0) C2. WATER REUSE MASTER PLAN. (MOSS/HENDERSON) RECOMMENDATION: 1) Approve contract with Dudek and Associates for the development of the Water Reuse Master Plan for an amount not to exceed $124,390. 2) Authorize the Mayor to award the contract, and appropriate $62,200 from the State Grant revenues and $62,200 from Water Fund Working Capital to fund this cost. ACTION. Approved. (5:0) C3. AWARD CONTRACT FOR THE CONSTRUCTION OF THE LUDWICK COMMUNITY CENTER REMODEL, SPECIFICATION NO. 901636. (MCCLUSKEY/MCGUIRE) RECOMMENDATION: 1) Award a contract in the amount of $709,900 to Maino Construction for the "Ludwick Community Center Remodel", Specification No. 90163B. 2) Authorize the Mayor to execute the contract. 3) Approve transferring $111,144 from the Capital Outlay Fund completed projects account to the Ludwick Community Center Project account. ACTION. Approved. (5:0) C4. ACCEPTANCE OF STATE GRANT OF $91,860 TO INCREASE ALCOHOL EDUCATION AND ENFORCEMENT. (LINDEN/BISHOP) RECOMMENDATION: 1) Adopt a resolution to increase enforcement and education programs focusing on underage drinking and alcohol sales to minors with grant funding of $91,860 provided through the Alcoholic Beverage Control (ABC) in cooperation with the Office of Traffic Safety (OTS). 2) Authorize the Chief of Police to execute all grant related documents. ACTION: 1) Resolution No. 9413(2003 Series) adopted. 2)Approved. (5:0) 2 Council Agenda Tuesday; February 4, 2003 Action Update C5. NAMING OF THE BILL ROALMAN BICYCLE BOULEVARD AND BUDGET FOR THE.BICYCLE BOULEVARD PROJECT ON MORRO STREET— SPECIFICATION NO. 00199. (MCCLUSKEY/MAN DEVILLE) RECOMMENDATION: 1) As recommended by the Bicycle Advisory Committee, the Cultural Heritage Committee and the Architectural Review Commission, adopt a resolution naming the bicycle boulevard on Morro Street, "The Bill Roal.man Bicycle Boulevard". 2) Approve the following transfers and appropriations to the Morro Street Bicycle Boulevard project budget' a) Transfer of $57,500 from the Downtown Access Improvements Project budget. b) Transfer of $120,000 from the Morro-Santa Barbara Traffic Signal Installation Project budget. c) Appropriation of $108,000 in Bicycle Transportation Account (BTA) grant revenue. d) Appropriation of$120,000 in Urban State Highway Account (SHA) grant revenue. ACTION. 1) Resolution No. 9414(2003 Series) adopted. 2)Approved. (5.0) C6. ADDENDUM TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE SAN LUIS OBISPO FIRE BATTALION CHIEFS' ASSOCIATION. (JENNY) RECOMMENDATION: Adopt a resolution approving an Addendum to the Memorandum of Agreement between the City and the San Luis Obispo Fire Battalion Chiefs' Association. ACTION. 1) Resolution No. 9415(2003 Series) adopted. (5:0) C7. FINAL CONSTRUCTION MANAGEMENT CONTRACT AMENDMENT FOR MARSH STREET GARAGE EXPANSION.PROJECT. (MCCLUSKEY/OPALEW SKI) RECOMMENDATION: Approve contract Amendment No. 2 for additional construction management services to Harris& Associates in the amount of $200,.794 and authorize the Mayor to sign the contract amendment.. ACTION. Approved. (5.0) C8. ORDINANCE NO. 1430 (2003 SERIES) REZONING PROPERTY AT 3301 ROCKVIEW FROM R-2-S TO R-2-1313; PD/TR/ER 155-02. (MANDEVILLE/CODRON) RECOMMENDATION: Adopt Ordinance No. 1430 (2003 Series). ACTION. Ordinance No. 1430(2003 Series) adopted. (5.0) 3 Y Council Agenda Tuesday; February 4, 2003 Action Update C9. RESOLUTION SUPPORTING THE FRAMEWORK OF A CONSERVATION TRANSACTION BETWEEN THE AMERICAN LAND_CONSERVANCY AND THE HEARST CORPORATION FOR THE_HEARST RANCH,IN NORTHWESTERN SAN LUIS OBISPO COUNTY. (GEORGE/HAVLIK) RECOMMENDATION: Adopt a resolution supporting the "Conservation Framework" of an Agreement between the American Land Conservancy (ALC) of San Francisco, and the Hearst Corporation, regarding development restrictions, environmental protection, and public access to portions of the 82,000 acre Hearst Ranch in northwestern San Luis Obispo County. ACTION. Resolution No. 9416(2003 Series)adopted. (5.0) C10. RESOLUTION SUPPORTING S2535, THE CALIFORNIA WILD HERITAGE ACT OF 2002. (GEORGE/HAVLIK) RECOMMENDATION: Adopt a resolution supporting S2535 the "California Wild Heritage Act of 2002", submitted to the Congress by Senator Barbara Boxer, which designates a wide variety of public lands in California as Wilderness, including five areas in San Luis Obispo County, as requested by the nonprofit California Wild Heritage Campaign. ACTION: Resolution No. 9417(2003 Series)adopted. (5:0) PUBLIC HEARINGS 1. MASTER PLAN FOR THE REDEVELOPMENT OF THE MOTEL INN PROPERTY (2223 MONTEREY; APPLICATION NOS. ER, A AND TR 122-01). (MANDEVILLE/RICCI —45 MINUTES) RECOMMENDATION: As recommended by the Planning Commission on January 8, 2003, adopt resolutions which: a) Approve a Use Permit to allow further development of a site in the C-T-S zone, based on findings including required findings in support of requested creek setback exceptions, C/OS building height exceptions, a mixed-use and shared parking reduction, and adopting a Negative Declaration of environmental impact with Mitigation Measures, and subject to conditions and code requirements. b) Approve a Tract Map to create a commercial condominium for the proposed new building known as the Apple Farm Phase 2, based on findings including adoption of a Negative Declaration of environmental impact with Mitigation Measures, and subject to conditions and code requirements. ACTION. 1) Resolution.No. 9418(2003 Series) adopted, as revised. 2) Resolution No. 9420(2003 Series) adopted, as amended. (4:1, Schwartz). 4 Council Agenda - Tuesday; February 4, 2003 Action Update 2. APPEAL OF TREE COMMITTEE DECISION TO APPROVE TREE REMOVAL REQUEST, MICHAEL R. BOTWIN, APPELLANT. (MCCLUSKEY/COMBS —30 MINUTES) RECOMMENDATION: Adopt a resolution denying the appeal of the Tree Committee's decision to approve the removal request at 2389 Helena Street. ACTION. Resolution No. 9419(2003 Series) adopted upholding and denying the appeal(two trees may be removed,one to remain). (3:1:1, Schwartz opposed, Ewan refrained due to a potential conflict of interest) BUSINESS ITEMS 3. SCOPE OF WORK AND SHARED COSTS FOR AN ENVIRONMENTAL IMPACT REPORT FOR THE ORCUTT AREA SPECIFIC PLAN (ER 209-98). (MANDEVILLE/MATTESON —45 MINUTES) RECOMMENDATION: 1) Approve the Request for Proposal (RFP) for the Orcutt Area EIR, and authorize the City Administrative Officer to award the contract if it is within the contract estimate of $120,000, subject to prior receipt of funds from the applicants for their share of the contract and administrative costs. 2) Authorize the City Administrative Officer to approve and issue an RFP to prepare an alternative design emphasizing cluster and courtyard development; and to award the contract if within the contract estimate of $25,000, subject to prior receipt of funds from the applicants for their share of the contract costs. 3) Approve funding 50% of the total cost of the EIR ($156,000, including administrative costs of 30% in conformance with City policy) and alternate design services ($25,000), and appropriate $90,500 from the General Fund unreserved balance for this purpose, with the balance ($90,500) to be paid by the property owners prior to any contract awards by the City Administrative Officer; direct that the City's share of these costs will be reimbursed at the time of development in the manner set forth in the specific plan infrastructure financing program. 4) Adopt the following criteria for considering any future requests by other applicants for City financial participation in funding an EIR: The City will consider financially participating in the cost of EIR preparation only when it is for a specific plan, there are a significant number of property owners, and the City wants to encourage expedited preparation as a high community- wide priority. ACTION. 1-4)Approved. (4:1, Mulholland) 5 Council Agenda Tuesday; February 4, 2003 Action Update 4. TELECOMMUNICATIONS FACILITY LEASE AT SANTA.ROSA_PARK. (LESAGFJMCDONALD — 15 MINUTES) RECOMMENDATION: As recommended by the Parks and Recreation Commission, the Architectural Review Commission, and the Planning Commission, approve a lease agreement with Cingular Wireless for a telecommunications facility at Santa Rosa Park, which includes the plans and specifications for park improvements (to be completed for a guaranteed maximum price of $227,083 by Cingular Wireless). ACTION. Approved. (5:0) Staff directed to ensure ample landscaping for screening the parking lot at the corner of Santa Rosa and Oak. 5. CONTINUED CONSIDERATION OF COUNCIL GOAL SETTING FOR 2003 - 65, IF NEEDED. (STATLER— 60 MINUTES) RECOMMENDATION: If needed, continue consideration of goals for 2003-05 from the February 1 budget workshop. ACTION: 1)Set direction for the 2003-05 Financial Plan by affirming Council goals as established at the February 1, 2003 workshop. 2)Approved a conceptual budget balancing strategy that includes an appropriate combination and weighing of five key factors: C/P reductions and deferrals; strategic use of fund balance; revenue enhancements allowed under Proposition 218; organization-wide cost reduction strategies., and operating program reductions. Approved. (5:0) 6. CONSIDERATION OF AN INVITATION BY "CITIES FOR PEACE" TO SEND A COUNCIL DELEGATE TO WASHINGTON D.C. ON FEBRUARY 13. 2003 RECOMMENDATION: Consider Vice Mayor Mulholland's request to appoint a delegate from the City Council to go to Washington D.C. for a special gathering on February 13, 2003, provided that private funding to pay all costs associated with the trip can be secured. Withdrawn. No action taken. COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. Vice Mayor Mulholland provided reports on the January 23rd Student Council Liaison Committee meeting, the January 24th CMC Citizens Advisory Committee meeting, and the January 30th CityAlniversity Luncheon. 6 Council Agenda Tuesday;February 4, 2003 Action Update COMMUNICATIONS (not to exceed 15 minutes) At this time, any Council Member or the City Administrative Officer may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda (Gov. Code Sec. 54954.2). Vice Mayor Mulholland reported that she had visited the SLO Botanical Gardens on January 24m and participated in last weekend's work day at Whale Rock Reservoir. A. ADJOURN. 7 council acEnaa CITY 00 SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, February 4, 2003 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Dave Romero PLEDGE OF ALLEGIANCE ROLL CALL: Council Members John Ewan, Ken Schwartz, Allen K. Settle, Vice Mayor Christine Mulholland, Mayor Dave Romero PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA(not to exceed 15 minutes total) The Council welcomes your input. You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time,you may address the Council on items that are not on the agenda or items on the Consent Agenda. Time limit is three minutes. State law does not allow the Council to discuss or take action on issues not on the agenda, except that.members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights(Gov.Code Sec.54954.2). Staff may be asked to follow up on such items. Staff reports and other written documentation relating to each item referred to on this agenda are on file in the City Clerk's Office in Room 1 of City Hall. CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. The public may comment on any item on the Consent Calendar. ® City Council regular meetings are broadcast live on KCPR, 91.3 FM and Charter Channel 20. The City of San Luis Obispo is committed to include the disabled in all of its services,programs,and activities. Telecommunications Device for the Deaf (805)781-7410. Please speak to the City Clerk prior to the meeting if you require a hearing amplification device. For more agenda information,call 781-7103. Council Agenda Tuesday, February 4, 2003 C1. MINUTES OF TUESDAY, JANUARY 7. 2003, TUESDAY, JANUARY 14, 2003, AND TUESDAY, JANUARY 21,2003. (PRICE) RECOMMENDATION: Waive oral reading and approve as presented. C2. WATER REUSE-MASTER PLAN. (MOSS/HENDERSON) RECOMMENDATION: 1) Approve contract with Dudek and Associates for the development of the Water Reuse Master Plan for an amount not to exceed $124,390. 2) Authorize the Mayor to award the contract, and appropriate $62,200 from the State Grant revenues and $62,200 from Water Fund Working Capital to fund this cost. C3. AWARD CONTRACT FOR THE CONSTRUCTION OF THE LUDWICK COMMUNITY CENTER REMODEL, SPECIFICATION NO. 90163B. (MCCLUSKEY/MCGUIRE) RECOMMENDATION: 1) Award a contract in the amount of $709,900 to Maino Construction for the "Ludwick Community Center Remodel', Specification No. 90163B. 2) Authorize the Mayor to execute the contract. 3) Approve transferring $111,144 from the Capital Outlay Fund completed projects account to the Ludwick Community Center Project account. C4. ACCEPTANCE OF STATE.GRANT OF $91,860 TO INCREASE ALCOHOL EDUCATION AND ENFORCEMENT. (LINDEN/BISHOP) RECOMMENDATION: 1) Adopt a resolution to increase enforcement and education programs focusing on underage drinking and alcohol sales to minors with grant funding of $91,860 provided through the Alcoholic Beverage Control (ABC) in cooperation with the Office of Traffic Safety (OTS). 2) Authorize the Chief of Police to execute all grant related documents. C5. NAMING OF THE BILL ROALMAN.BICYCLE BOULEVARD AND BUDGET FOR THE BICYCLE.BOULEVARD PROJECT ON MORRO STREET— SPECIFICATION NO. 90198. (MCCLUSKEY/MANDEVILLE) RECOMMENDATION: 1) As recommended by the Bicycle Advisory Committee, the Cultural Heritage Committee and the Architectural Review Commission, adopt a resolution naming the bicycle boulevard on Morro Street, "The Bill Roalman Bicycle Boulevard". 2) Approve the following transfers and appropriations to the Morro Street Bicycle Boulevard project budget: a) Transfer of $57,500 from the Downtown Access Improvements Project budget. b) Transfer of $120,000 from the Morro-Santa Barbara Traffic Signal Installation Project budget. c) Appropriation of $108,000 in Bicycle Transportation Account (BTA) grant revenue. d) Appropriation of $120,000 in Urban State Highway Account (SHA) grant revenue.. 3 Council Agenda Tuesday, February 4, 2003 C6. ADDENDUM TO THE MEMORANDUM.OF AGREEMENT BETWEEN THE CITY AND THE SAN LUIS OBISPO FIRE BATTALION CHIEFS' ASSOCIATION. (JENNY) RECOMMENDATION: Adopt a resolution approving an Addendum to the Memorandum of Agreement between the City and the San Luis Obispo Fire Battalion Chiefs' Association. C7. FINAL CONSTRUCTION MANAGEMENT CONTRACT AMENDMENT FOR MARSH STREET GARAGE EXPANSION PROJECT. (MCCLUSKEY/OPALEWSKI) RECOMMENDATION: Approve contract Amendment No. 2 for additional construction management services to Harris & Associates in the amount of $200,794 and authorize the Mayor to sign the contract amendment. C8. ORDINANCE NO. 1430 (2003 SERIES) REZONING PROPERTY AT 3301 ROCKVIEW FROM R-2-S TO R-2-PD: PD/TR/ER 155-02. (MANDEVILLE/CODRON) RECOMMENDATION: Adopt Ordinance No. 1430. C9. RESOLUTION SUPPORTING,THE FRAMEWORK OF A CONSERVATION TRANSACTION BETWEEN.THE AMERICAN LAND CONSERVANCY AND THE HEARST CORPORATION.FOR THE HEARST RANCH IN NORTHWESTERN SAN LUIS OBISPO COUNTY. (GEORGE/HAVLIK) RECOMMENDATION: Adopt a resolution supporting the "Conservation Framework" of an Agreement between the American Land Conservancy (ALC) of San Francisco, and the Hearst Corporation, regarding development restrictions, environmental protection, and public access to portions of the 82,000 acre Hearst Ranch in northwestern San Luis Obispo County. C10. RESOLUTION SUPPORTING S2535, THE CALIFORNIA WILD HERITAGE ACT OF 2002. (GEORGE/HAVLIK) RECOMMENDATION: Adopt a resolution supporting S2535 the "California Wild Heritage Act of 2002°, submitted to the Congress by Senator Barbara Boxer, which designates a wide variety of public lands in California as Wilderness, including five areas in San Luis Obispo County, as requested by the nonprofit California.Wild Heritage Campaign.. 4 i i Council Agenda Tuesday, February 4, 2003 PUBLIC HEARINGS 1. MASTER PLAN FOR THE REDEVELOPMENT OF THE MOTEL INN PROPERTY (2223 MONTEREY; APPLICATION NOS. ER,A AND TR 122-01). (MANDEVILLE/RICCI —45 MINUTES) RECOMMENDATION: As recommended by the Planning Commission on January 8, 2003, adopt resolutions which: a) Approve a Use Permit to allow further development of a site in the C-T-S zone, based on findings including required findings in support of requested creek setback exceptions, C/OS building height exceptions, a mixed-use and shared parking reduction, and adopting a Negative Declaration of environmental impact with Mitigation Measures, and subject to conditions and code requirements. b) Approve a Tract Map to create a commercial condominium for the proposed new building known as the Apple Farm Phase 2, based on findings including adoption of a Negative Declaration of environmental impact with Mitigation Measures, and subject to conditions and code requirements. 2. APPEAL OF TREE COMMITTEE DECISION TO APPROVE TREE REMOVAL REQUEST; MICHAEL R. BOTWIN, APPELLANT. (MCCLUSKEY/COMBS—30 MINUTES) RECOMMENDATION: Adopt a resolution denying the appeal of the Tree Committee's decision to approve the removal request at 2389 Helena Street. BUSINESS ITEMS 3. SCOPE OEWORKAND SHARED COSTS FOR AN ENVIRONMENTAL IMPACT REPORT FOR THE ORCUTT AREA SPECIFIC PLAN (ER 209-98). (MANDEVILLE/MATTESON —45 MINUTES) RECOMMENDATION; 1) Approve the Request for Proposal (RFP) for the Orcutt Area EIR, and authorize the City Administrative Officer to award the contract if it is within the contract estimate of $120,000, subject to prior receipt of funds from the applicants for their share of the contract and administrative costs. 2) Authorize the City Administrative Officer to approve and issue an RFP to prepare an alternative design emphasizing cluster and courtyard development; and to award the contract if within the contract estimate of $25,000, subject to prior receipt of funds from the applicants for their share of the contract costs. 3) Approve funding 50% of the total cost of the EIR ($156,000, including administrative costs of 30% in conformance with City policy) and alternate design services ($25,000), and appropriate $90,500 from the General Fund unreserved balance for this purpose, with the balance ($90,500) to be paid by the property owners prior to any contract awards by the City Administrative Officer; direct that the City's share of these costs will be reimbursed at the time of development in the manner set 5 i Council Agenda Tuesday, February 4, 2003 forth in the specific plan infrastructure financing program. 4) Adopt the following criteria for considering any future requests by other applicants for City financial participation in funding an EIR: The City will consider financially participating in the cost of EIR preparation only when it is for a specific plan, there are a significant number of property owners, and the City wants to encourage expedited preparation as a high community- wide priority. 4. TELECOMMUNICATIONS FACILITY LEASE AT SANTA ROS_A PARK. (LESAGE/MCDONALD — 15 MINUTES) RECOMMENDATION: As recommended by the Parks and Recreation Commission, the Architectural Review Commission, and the Planning Commission, approve a lease agreement with Cingular Wireless for a telecommunications facility at Santa Rosa Park, which includes the plans and specifications for park improvements (to be completed for a guaranteed maximum price of $227,083 by Cingular Wireless). 5. CONTINUED.CONSIDERATION OF COUNCIL GOAL SETTING FOR 2003 - 05. IF NEEDED. (STATLER— 60 MINUTES) RECOMMENDATION: If needed, continue consideration of goals for 2003-05 from the February 1 budget workshop. COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities.. Time limit-3 minutes. COMMUNICATIONS (not to exceed 15 minutes) At this time, any Council Member or the City Administrative Officer may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda(Gov. Code Sec. 54954.2). A. ADJOURN. 6 wr council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, February 4, 2003 ADDENDUM BUSINESS ITEM ADDED: 7:00 P.M. REGULAR MEETING Council Hearina Room 990 Palm Street 6. CONSIDFRATION OF AN INVITATION RY " ITI S FOR pFACp, TO S ND A r.QIINr.11 nFl FrATF TO WASHIN nTON D ON F RRIIARY 13, 00-1 RECOMMENDATION: Consider Vice Mayor Mulholland's request to appoint a delegate from the City Council to go to Washington D.C. for a special gathering on February 13, 2003, provided that private funding to pay all costs associated with the trip can be secured. STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO )ss. AFFIDAVIT OF POSTING CITY OF SAN LUIS OBISPO ) Lee Price,being first duly swum,deposes and says: That shetthdulytpoiand for the City of San Luis Obispo and that on January 31,2003,she caused the above NotiSan Luis Obispo, California. Lee Price,CMC,City Clerk San Luis Obispo,California ® Regular City Council meetings are broadcast live on Charter Cable Channel 20 and on KCPR, 91.3 FM. The City of San Luis Obispo is committed to include the disabled in all of Its services,programs,and activities. Telecommunications Device for the Deaf(805)781-7410. Please speak to the City Clerk prior to the meeting if you require a hearing amplification device. For more agenda information,call 781-7103. �ul Garay ��• 3811 Orcutt Road San Luis Obispo, CA. 93401 805.541.0326 Mayor Romero Council members; RECEIVED Swchartz, Ewan' FEB'- 4 1003 Mulholland, Settle SLO CITY CLERK 990 Palm Street San Luis Obispo, CA 93401 Dear Counsel Members; February 4, 2003 Re: Orcutt Area Specific Plan(GASP) This letter serves to inform you that I do not wish to be included in the GASP. I have informed Mr. Merriam of Cannon Associates in a letter dated November 5, 2002,stating I do not want him to make plans concerning my property and I want my property to remain within the County and to be shown as such in the OASP. I do not want my property to be included in the OASP EIR, as I have no intentions to develop my property. I do not want any costs associated with an OASP EIR burdening me now nor in the fuhue. I trust that you will understand my position concerning my property. Also,understand that I continue to support the four-property owners' right to develop their land, as I wish to exercise my right not to develop my land. mcerely Paul Garay r RECEIVED FEB - 41003 EISA CITY CLERK v 3 7'�r 7 ] , L RECEIVED blear Dave Romero FEB — 4 2003 City Council Members SLO CITY CLERK I am mot against development Let the people who want to develop,build. I do not want to be in the Orcutt Area Specific Plan for the.followino reasons. The city would control my property. City Staff is the only ones to have a say on what happens to my land. They care nothing about the people who live in the Orcutt Axva. 1 do nut watt'to be involved in the IIR If Rimon is awarded the bid,they will not be allowed on my ptoperty,nor will any other consultant. I will not allow the EIR costs to be billed against my deet The city is out of water and it will take years to bring in enough water for all the houses planned on the South side of San Luis. I do not want to be waiting like the Margarita Area for the next 20 years for a.build daie.Those people want to build and the city has held them in limbo.With a Specific Plan on my property 1 can do nothing. Jeanne Andembn 3580 Bullock Lane San Luis Obispo Ca. 93401 : February 4,2003 City Council RECEIVED Mayor Romero FEB - 4 2003 Councilmembers Ewan, Settle, Mulholland,and Schwartz, SLO CITY CLERK Regarding: Orcutt Specific Plan-EIR Scoping Dear Council Members, All nine property owners,including Roland Maddelena who can't be here this evening,have continued to state their position on this subject before you tonight. Signed letters have been sent to you. There is very little left to be said. AA letter sent to Council on Friday,Jan 31st the Osent Therefore the � states that all nine properties owners have chosen not to participate analyzed by the EIR There rmpatas resulting from potential development on their property should not be is to be no funds advanced on their behalf nor will they be required to repay OASP EIR costs Any action taken tonight is with full knowledge that all nine property owners have chosen not toParticipate. Why would they do this? Specific plans and EIR `s are good planning tools if they are proms a timely fashion. That is not the case in SLO. The correctly and in been Processed to death.. It has been in the �Tl�ta specific plan is a prime example. That plan has specific plan or ping Plant for almost 20 years and still does not have an adopted P certified EIR. But it has cost alot includinglangoing time,money,and energy from all parties including Property owners havAirport chosen f llowthe"Pied Piper"down the very same path if not worse. Nine of the Orcvit area Everyone here knows that the city has to provide a certified water source, new wastewater system new lift stations,etc.,them for the prior to development m ctim the Orarea The property owners are asking city staff to quit blaming delays.Delays have a history of being the result of city planning process developers asking for anything. We said,No,and then got drafted into the plan without�g� �e are not We do not wish to endure 20 years studying every project or enduring every whim and change proposed by staft nor do we want to accumulate any costs resulting from being captured by a specific plan for two decades.. We do support the rights of all property owners wishing to develop their own land. The Orcutt development is 8 years or more in the future. It may never happen because of excessive capital improvement costs. This plan is really about 60 to 80 million dollars of finds becoming available to the city through devel comes from the fee's for building 1000 units on Orcvproperties. These muulti-mtt area opment. It P illions will finance iriftastruchur Master Plan that roiwillPr'm'�ents,and whatever else is needed to provide future Edna Valley growth, It is all part of a render SLO unrecognizable in 20 years. With all the impact fees placed upon the specific Plan development,"affordable housing"is just a guise. In our letter,dated,April 8th,2002,no EIR consultants or citypersonnel are to be on our property without permission. In conclusion,we have demonstrated consistency by stating, "thank you,but we do not wish to participate". Sincerely, Nick Muick A/ G� 3731 Orcutt Rd., SLO, Cal 93401