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HomeMy WebLinkAbout02/07/2006, - PUBLIC COMMENTS DUO LkC C a (AARtOf 5 r URGENT City Council Agenda 2/7/06 City of San Luis Obispo Re: Public Comment Dear Council members, I spoke in front of this council October 2004 in regards to the vandals,criminals, and the harassment by panhandlers [or whoever they might be], while shopping downtown in SLO. I asked at that time that the council of San Luis Obispo,protect our rights as the citizens to shop peacefully and without harassment while shopping downtown. However, since that time, it has only gotten worse.Just to give some examples, since my coming before the city council over two years ago,there have been thousands of complaints by merchants and citizens,there have been two murders,and one of them is still unsolved. I have solutions from both merchants and citizens that could rectify these problems immediately,unfortunately things have been getting worse. You will see from the groupings of articles and letters,and list of merchant's names that I am submitting today,that I am talking on behalf of 100 merchants downtown,many of which are here today;along with the citizens of San Luis Obispo and other cities. In my reference package, you will see that in the last five days it's gotten into a dangerous situation when visiting downtown SLO. One of the transients has been a four time convicted rapist,and psychopathetic deviant that now roams the streets of SLO. Andrew Michael and Charles Clark were both arrested with a deadly weapon and charged with the beating of David Siebert with a skateboard and a chain on Higurea street.The assault occurred at 1:30 pm on Jan 26. Plus the incident of Susan Smalle who was shopping downtown with her 4 month year old baby and her young son when one of the vagrant's pit-bull growled and lunged upwards towards her son. The young panhandlers laughed and even asked her for money as she passed by.To us,this is not funny; it has come to the point where it's threatening the lives of our children,and us citizens. These issues are costing the people numerous amounts of money, i and taking away revenues from our merchants.This letter appeared in the Tribune paper to the editor on January 31. What has to happen next, for the city of SLO,for it to take some drastic measures for its citizens and their children, for them to feel safe from the vagrants,the homeless,panhandlers, criminals, rapists, murderers and any other one person who threatens the safety and rights of the people visiting the streets and downtown of SLO. It's my pledge as a concerned citizen to help make this city the safest city of the United States of America. If I have to spend the rest of my life, coming to this city council writing to every Council member, State Senator, and the Governor of California,it is my pledge that this will happen; and that is what I will hold the City of San Luis Obispo to and also see to it that police have the power to protect us abiding people and tax payers. I hope the city will put in An Emergency Measures and Ordinance, so that when I come back to this council next meeting something will have been done. It is not my mission or intention to sue the City of San Luis Obispo and ACLU to protect my rights, but if I have to I will file a class action suit against the city and the ACLU to protect all the citizens and community members of this city. Thank you very much, Dane Senser [805] 235-3726 Articles enclosed cc: Lt. Chris Staley- City of San Luis Obispo Police Department Deborah Cash- CMSM Governor Schwarzenegger Andrew Masuda- KSBY New Times Tribune Good-bye Marty [61---frightening flyers [121,-,dog disease [141 N O V C f•'1 D E R 3 - N O V E:.1 O E GS O O U - V O L 2 O. N O 1 U -1:` 1'JI G I_ - P R I:I_ - VI t'J V, N C l'!i 1 CA 1__ - O-C Obi ®pinion Smoke gets in your eyes [231 5 A N L U { 5 O O 15 P O C O U N 'tV + N F W S G N O C N T F_ R T P 1 N M E N T W C C K L V Yip 7*7 eme ep is ace. -Iw wily convicted rapist and sexual. deviant Anthony Dacayana is roaming the streets of San Luis Obispo 1101 Jobs! Cars! Firewood Pottery classes! �W,I Classifieds �s» Houses for rent! � ' ! e is a man described with wanted to hurt her,he wanted to terrorize (earful words. her,he wanted to rake what he wanted." Psychopathic,a prosecu- And while Guay did not hesitate in call tar says.A sexual deviant, Dacayana a psychopath, that's not what doctors say.Remorseless,a judge says.Insane,his victim said she and her fellow jurors were tasked with determining.Since be wasan SVP,a fury And now he is O as a transient an the needed to agree he was still diagnosed pam- swAnteets anyof Luis Obispo. philia for Damynna to be recommitted. Aiuhorry Dacayana has spent the major- 'Its;not enough to think he's going to rape icy of his adult life behind bars for raping again' Ventura County prosecutor Lahr women.While he has only served time(or said in a recant interview,"bra he's going to two rapes,mart records show that he has do it bemuse oCa mental disorder." mped at least three women and one 13- evilDespite the fact Dacayana had been year-old girl a US unequivocally diagnosed with paraphilia in He finished his last prison sentence— 1996,his public defense team was able to L996formpiutthng a at dwoesameman 18 yeasago—in convince this year's jury that he no longer passe But that was the same yearforCalifornia had this mental illness.Lehr,who in 1999 passed its Sexually Violent Predator(SVP) successfully convinced a jury to recommit Act instead of leaving prison, Dacayana Dacayana,was unable to change the 2005 was examined by three doctors examined jury's opinion who concluded he was an SVP and com- "Lehr presented a good ease,as good as mitted him to Atasndem State HospuaL he mold under the law,"Gusty said. "But Dndiagna and his lawyers fought the - the public defender did outstanding job. SVP diagnosis,but lou.And,then. requited He had a number of ex And it all by law.every two years since then.juries �. hinged an this definition of paraphilia and hi Ventura.Ce—have rule to keep himted t if lDacayanal has it'" his last crime—have ruled to keep him in the end,she said,"there wags behind bars. �-� � That is,untd this year.After a comm- enough evidence m hold him: ^.A vernal, almoA-three-week-long coal last •,.Y'-`<. The fiat three rapes June,a LehVenr co county winceprosecaj named Anthony Francis Dacayana was bom David Lehr co et the convince a jury that and given up for adoption in 1957.There Damynm stili met the¢iteria m be tamsid- are no court records to show what hap- ered an SVP. ened during the earl Dacty.¢ra—the man a jury member P B YYearsoChis lifewith that Gamily,but in 1996,a Venmm County Later described as having an left de prosecutor would write: "The family that St to manipulate people"—left and mo ed adapted him lives in fear ofhim today.- in State Hospital that same June and tamed One thing is clear about those ears: e with t woman in Paso Robles prison. hada The Gamily knew their son had a sadistic reLLehr recently with while in pnsoa sexual side. In 1976, when he was 19 Lehr recency slid that Deer his quick- old, Dacayana raed his 13-year- and began he drinking again cher he woman old'sister,and was convicted of unlawful and that the relationship with an woman intercourse with a minor. ended.Miguarlyel last mash,Dany[ma moved Over the nen three years,Dacayana had re San Miguel and was arrested week (ailing to regular run-ins with law enforcement.First register s a sex offender.last week,he reg- mine several alcohol-related offenses.Then iste[ed as a sex offender in San Luis Obispo he was arrested In North Carolina forbreak- andstated that he was homeless. ing into a cote and stealing meat,beer.and Since then,police say they have mainly cigarettes. After another drunken-driving seen him in the downtown area offense, he was arrested in Pennsylvania The trial that for anther burglary and served almost Rve set him free months in jail. Hejoined the Marines.And he got mar- When Dacaym[a arrived intown, the ried to a woven named Deborah Arbuckle. San Luis Obispo Police Department did the - On Thanksgiving Day,1978,Dacayana got onlything it could do since he wasrit want- drunk and went wild, smashing up the ed for a crime:notify the public But Capt How a four time rapist and `psychopathic deviant' inside of his wife's home.He was so psy- Dan Blanke said they also have a number cholic that the Marines had him committed of detectivesisad union to Dacayana. whose �d uy•y on the streets of San Luis Obispo to a military hospital. By the time he got job h is to pay attention m Dumyana. C out, military officials decided they didnt 'Often times, that whole 1plainclothesl want him,and he was discharged. unit will do some watching,"Blanke said. In late 1979,Dacayana was living in Ojai,- 'There's not someone watching Dacryoma BY ABRAHAM HYATT near Venttma,and workingat a Gtrrows res- num 100 percent of the time,but these area(air mutant.On Dec 11,as he walkeda cmwrk- maa A major r reason s on him." mutant. home,he attached her in an empty field ason police are paying such and raped her.But what Dacayana did two dose attention to him,Blanke said,is his the state requires to commit someone as "IDacayanal had a history or manipulu- days later would overshadow,that crime. potential to become a mpeat offender.The an SVP—an offender must have been ingpeople and no empathy for his victims," The afternoon of Dec 12th, Damynna police ate not the only ones who've voiced convicted of at least two sexually violent Hunter wrote."His test scores on ha psycho- was hanging out in Ojai with his friend such concerns:When Dacaymm was exam crimes,and at least two doctors must agree logical exam]identified him as a'psycho- Ronald Wheeler, riding on the back of hied in 1996 as part of his SVP evaluation, that the person has a mental disorder that pathic deviant M Wheeler's motorcycle to different bars.Late three doctors specifically said he was"mine will make the patient commit a new violent In 2005,one of the jurors charged with in the evening,they stopped by Wheelers likely than others with antisocial person- sexual crime. determining whether Dacayana was still. house before riding to one las bar.Once ality disorders m reuffend," according to Several years after that diagnosis,and as an SVP echoed the doctors descriptions of there• and unbeknownst to Wheeler, court documents. pan of a case that upheld the doctors find- the Amsmdem patient Dacaymta,Rebecca Dacayana stole his friend's Colt.45 revolver. At the time, the doctors diagnosed ings.appellate court judge John J.Hunter Guay said,was very convincing and sincere He loaded the gun,strapped it and is hol- Damyana with several mental disorders, wrote that the doctors based much of as he explained how sorry he was about steracrosshischmand thenzippeduphis the two most important being an antisocial their diagnosis on Dacayana's many sexual his past crimes and how much he had jacket,hiding the gun.Then hejumped on personality disorder and paraphilia,which offenses,the fact that he was unfazed by his changed. the back of Wheeler's bike and they rode off is anothe•word(or sexual deviancy. time in jail,and his long nonsexual crimi- But,she said,"whey he raped the blind to the Hub Cocktail Lounge. That diagnosis makes up most of what nal history. woman,tharwas a petty heinous trine.He The two men arrived at the Hub in Ojai 10 •Now linos•November 3-November 10,2005•.xrw jW*V ASWO.CoM B2 THE TRIBUNE SANLUiSOBISPO.COM LOCAL FRIDAY, JANUARY 27, 2006 PoliceLo . SAN Lois O B I s P o - , Siebert managed to cover his head with his arms and Two arrested afters`,': cA the chain hit his elbows,police downtown altercation said. an Luis Obispo police ar- * x Both suspects reportedly Srested Andrew Mitchell, cE.r s fled on foot,leaving Siebert in- 19,and Charles Clark,29,onjured on the sidewalk. suspicion of assault with a -t: x`. A witness helped him up deadly weapon after a con- Andrew Charles Clark and picked up the chain po- frontation with an employee of Mitchell lice said was used to assault the San Luis Obispo County him. Parks Department. skateboard and allegedly hit Both men were detained David Siebert,45,was walk- Siebert on his side—caus- elsewhere in downtown San ing from the county court- ing a large bruise and abra- Luis Obispo. house to a meeting when sion. Siebert and the witness Mitchell ran into him while Clark,who had been walk- identified both men,who riding a skateboard,according ing with Mitchell,then al- were then arrested and to police. legedly swung a hitching booked into County Jail. He then picked up his chain at Sieberfs head.. —AnnMarie Cornejo BOOKING PHOTOS COUfITESY DF SAN LUIS P-UOE'DEPRRTRAENS m r � A A A �, 3 v m o ca m ' 1 mmN L Ri w m-o mu y m w'opmy�•^ �01aovGoNBvo� ttoo V000 U0 70. �� R uR uR �OEuCG �'bTO01 >,mw I jm � o.3n� ° 9 '0' S ° Aoa Lv0 w x4=1 � RRR E m C dv.C'""' .u.. t°'�^^' u C C w�'U �' L 01 O. c m m v m u A m y . c v � E' 5� m �a � f 00 �p a1 R^" ,a C-O C G E p 0 .0 0 G'nw QoQCw �'� K r ..o y �Cy Z .OW f• .�.^ v.v�'b C w a.-•F aY E E O w.L PPP Q4 yp O N"O b[!] w R R i+�Y y r�O t�Jl.— E d m L D PO U vi,O 0i GO w ems+ L °c^'o �'a „ v ca vpT� r� � w r 005 0 TJ�Y d ? c a c C 2 Wu t4 N O M. C.., 'u 3a !g "J 5 Cu Ua'C'p.C3u' uRR S wu L uv w � ii E'v ° c E-9 R ac, o y o ma° w di Y Lj ca O R.0."� C u .4'3� v OH,�'y X R N.UC O w ami -C•V p."O.'l AA,, youm rnx� mE3 S°-aEacc,amvtim�,�gymcFa ��w ca o 9� >� o G sm° c cx� v Ise W �a03 ° m � � Tn low W .0 GO.a w2 c `�'g umi H w C UC >-40, r 3a�O vi N^O � wL R ?.d v vO.� > ud ❑ U O•., w�.... er.a. 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QUOTE OF THE DAY `Some of us should be more like Little Red Riding Hood and investigate just who is pretending to be Grandma.' - Steve Forst, Nipomo OPINION �4 THE TRIBUNE T U E S D A Y , JANUARY 3 I , 2 o o G SANLUISOBISPO.COM Panhandlers over the top Sunday was my last trip to downtown San Luis Obispo. I am appalled by the changes m the downtown area.I am the mother of a 4-month-old baby, and as I walked past a•group of j young panhandlers while shop- ping,I was terrified as their pit i bull (grey and white)growled and lunged upward toward my son.I was left shaking and very upset by the incident As I hurried past them,the, young panhandlers laughed and asked for money! I continued walling down Higuera Street and was asked for money two more times dur- ing a span of three blocks.The city of SLO needs to address the problem of aggressive pan- handlers in the downtown area. I will no longer be shopping at my favorite stores until something is done.I urge oth- ers to take a stand as well. Susan Small i San Luis Obispo O.. PINION- B4 THE TRIBUNE WE DNES DAY FEBRUARY I , 2 o o 6 SANLUISOBISPO.COM LETTERS TO THE EDITOR Dodging SLO's dangers had a similar experience to Susan Small's in downtown San Luis Obispo this past Sun- day afternoon (Letters,Jan. 31)A managed to make my way through the panhandlers and profane ranters,and even gave the pit bull a wide berth. 'Then I was nearly run over by a skateboarding dude loudly, proclaiming"Amphetamines fuel my day!" There's nothing sold in down- town SLO that cant be had else- where.Downtown and its shop- ping may indeed be in danger. But the immediate problem isn't Costco and the Marketplace. John Miller San Luis Obispo QUOTE OF THE DAY `The M -ine Lewis Memorial Shelter and Pr, Day Center provide.services to the homeless and gratefully a%,.:ept both financial and volunteer supl ort.' — Evan Campbeu, San Luis Obispo OPINION. B4 THE TRIBUNE T n U R s D A Y ,. FEBRUARY 2 , 2 o o 6 SANLUISOBISPO.COI LETTERS . TO THE EDITOR`= Find Kristin Smart an' $25,000 ] ] Attacked in ad daylight LZ, asp a ooea 8oe :o' voo¢o ooce o ca®m.©r®vors ,®c3�0000m Shredder FILM 1 3 i1 1 f , r IL ' jIr Baby formula theft is coming of age -fC] - Will the real red wine please stand up E45�2. j jokes!i Holy Cell phones really are that dangerous N�Dj THE NATION'S NEWSPAPER MW At 1D Fri�Sat�Sun,February, 3.45,20.0-6 Newslisne .. 0 News m Money -3 Sports ■Life64 t- .e_ Crime suspects star in billboard ads Success spurs more cities to use them By Emily Bazar USATODAYk Cities across the USA are reviving the wanted post- ers of the Old West,supersizing them on billboards to catch criminals. Since February 2004, Kansas City,Mo., has erected # 10 billboards with the names and photos of fugitives wanted for murder, along with a phone number for anonymous tips and the lure of cash rewards.Eight of By Mark W.WllllaMS rar USATODAY the 10 have been captured, says Sgt. Craig Sarver of Surrendered Wanted billboard in Dallas is updated. the Kansas City Metropolitan Crime Commission,and "seven of those eight have been related directly to the teamed with TV's America's Most Wanted and the Out- tips from the billboards." door Advertising Association of America to put up bill- He says they work because so many people see boards, says the OAAA's Ken Klein. Americas Most them,often several times a day.Wanted billboards are Wanted presents the cases on its show or website and being used in cities from Philadelphia to Yakima,Wash. takes phone tips.Host John Walsh says he's"absolute- Officials in Charlotte installed their first ones Mon- ly amazed"by the billboards'success. day.One goes up next week in Queens,N.Y. Dallas erected its first wanted billboard Dec.29,says Some lawyers fear the billboards'effect on trials. Kurt Hibbets of the U.S.Marshals Service.The suspect, Barbara Bergman,a law professor at the University wanted for murder and aggravated robbery in Novem= of New Mexico,says they could influence potential ju- ber 2004,turned himself in Jan.11. rors or change witnesses' recollections. "It may well After a Yakima Counttyy Wash.,jailbreak Nov.25,sev- impact their memory of the person they actually saw," en inmates were caught quickly.'Mro who remained Bergman says. on the lam were shown on a billboard and were in cus- Most billboards are in high-traffic areas.Advertising tody by mid-December."If you have a bad guy on the companies usually donate part or all of the cost loose out here, people need to know what he looks Phoenix, Detroit and several other cities have like,"says Police Chief Sam Granata. m TIM ARIZONA REPUBLIC FRIDAY,SEPTEMBER 1,2m All .�.i1��'If..'(."Ik. �'.,.:•:M war. _ .�� ACLU aids' �boy- love group Associated Press BOSTON — Saying impor� tant First Amendment issues are at stake, the American Civil Liberties Union is step- Ping in to defend a group that advocates sex between men and boys against a lawsuit brought by the family of a murdered 10-year-old. The family of Jeffrey Cur- ley of Cambridge, Mass., claims in its lawsuit that the North American Man/Boy Love Association and its Web site incited the molestation and murder of the boy in 1997. The Massachusetts chapter of the ACLU said Thursday that it will defend NAMBLA because the group's activities are protected under First Amendment guarantees of freedom of speech and free- dom of association. The ACLU has long ac- . cepted unpopusular clients and despised caes,including Ku Klux Klansmen and neo-Na- zis: In 1977, the ACLU de- fended the right of Nazis to march in Skokie, Ill., home to many. Holocaust survivors. Thousands of ACLU mem- bers quit and contributions plunged. "The Constitution is for everybody. But there are some people who just don't understand that and never . will," said Harvey Silver- glate, an ACLU board mem- her. , One of two men convicted in the murder, Charles Jaynes, 25, reportedly viewed the group's Web site shortly before the murder, and had NAMBLA publications. Also convicted of murder was 24- year-old Salvatore Sicari. jo nAl � v S� �'►�l� 1 (ti� o u-O-� -- - - W Al Ted Frankel Looking Toward The Future 682 Higuera Street Son Luis Obispo, CA 93401 Store: (805)541-9338 Fcu (805)541-0108 — TOM'S Office:(8IS)36tI W TOYS Fax:(8 18)368-3178 www-tomstoysonl ine.com S.L.O. Santa Barbara 1 Montrose • Beverly Hills e',' PO4ral . . ' j2xack Se �IARKEI d V g a l l e r y AFFORDABLE CUSTOM , PICTURE FRAMING ROBERT SCHINKEL Owner .. op L. F.. f' / • • • • • 599-A HIGUERA STREET Where worldly furniture finds its home SAN LUIS OBISPO, CA 93401 • t (805) 541-2464 V Fine It, Shoes rot- men 1 986 nA"M2nb Street-San Luis 06po,CA 33401 ph:8o6.646•romp eax:l3o6,646.7803 www.rompshoes.com Matt Hathaway *nders Center Manager 1108 Broad 5#r�et, wlia'7—i06po,Ca 93 II r 1127 Chorro Street M. ��I�y• ■ Ri c KI I I ISO S_ San Luis Obispo,CA 93401 ,WM , i Office and Print Services Telephone 805.543.3363 �e,F, �; tl�ia' .• �S it Fax 605.543.4295 1 mgr5150®fedexkinkos.com i C UCKY LULU ' S 6 1 HIGUERA ST SA9S4S 546A01 6 . 896 Marcia Bums Owner 1117 Chorro St. San Luis Obispo CA,93401 805.544.SHEEP (805)541-0616 (7433) 1028 Chorro 1 .tamot Cafe Can I Itis ObiSDo,CA 93401 C = < 3 rn gym. Nc dmd �m Orco = � c c a gF m O WW m D N w$ g o -3 v . 8 � n ID qL O� d b• N W' N m llilb S �� a ® % O� i " + 00 yl m S •. UI 2 8 d e R ov vo G H ` get V L, /3� m O 01 T 4w•s_ C f • F x_ Ol th i x N m D o3 0� WC F cc co D G ur o 5 .. 8 A d c j' to R o a to o � $ v a. O^ o Z ow CO co S}rJ6 - -- —- � C 9m 3 x 42 ZTZ c p P o mB C 3 9 m S 6 Q r O n r V 0 m y V O O A V: UI i • �!} • 'F''�!' '^,9✓_P']4"�I it .. dp T) v Jn/ ED O U 9 5 u mm m 5 11 U TQC Q� cY E uM' Q O �C 5z2 D t0 W Y Q �� w E G W D U u7 m � Qqa r r O o n R 1 - - • �w � N O ILS Jj r, do b N T CD � N n. 7 v1 n 6 4D ca X r X11 m n co y ~ Un W u 41 c ~ LL W y '04- co co W C O S r i. vii v3 Gs.G W CN fA co IE goy��$0Q$S �} o LO Ln Ln 9 0ao WX m•S� o �. d�Ji N V V U OrC y y vvv qp ,O co � Loll Q .QL ILL � ' r.. • d rn Z r m t- 96-a WQ � aa� Q � m � ` W � � V �� yg �� � a INCID 41 Ld rem Elm ep .. � WU n, Fmtene Aw_ *44p - CHUMASH VILLAGE 5 DRIVE _Opo i elft U4= J -_oy�amu P 0) � P9s i9ZU. J yab� VAp _ Qn Fnao fte Chumash Village 3057 S. Higuera We have a total of 236 mobile homes We have one exit, Chumash Village Drive out of our park Because of increasing development in our area, our residents have experienced difficulty exiting and entering our mobile home park. One of our residents was involved in a traffic accident during the last month in front of our park. When I asked him if he was OK,his comment to me was"We need a traffic signal." The Planning Commission just approved the development of 291 residential units 2 affordable housing lots 16 business park/office lots 27 mixed use lots (residential and office). The City estimates 7 new traffic trips per day just from the residential units. I do not have statistics for the affordable housing lots or offices. - 1 3 o NAM, I'� A4 �CS + S _� fl y...tm tosip CHUMASH VILLAGE .T 44 n".. ,I enr.gP EhEup. 9� 9 �9,; lhYnehP R 'i KING DEV p,+V'e c4 Qsaaa a Bit. DE BLAU DEV g$'�3� �. �y a I COWAN DE F �'Y 7 tU ',�e _Mmrwle 8 44 % ''3 naso oan - NEW AFFORDABLE HOUSING NEXT TO CHUMASH New affordable housing has been proposed next door to Chumash Village at the Old McBride's. Chumash Village has almost the same number of residential units as the three new developments. 236 The new development will have 291 units Very elaborate plans have been made for the residents of the new development- many streets—many turnabouts—mass transit—new roads— traffic signals. I believe our request that the new developers provide us with one traffic signal is quite minimal. 7,7 cW.- '.t Faitms_-Ava i�tl tib, .. CHUMASH VILLAGE DRIVE OS fi ,os Air F.aaa RC Chumash Village 3057 S. Higuera We have a total of 236 mobile homes We have one exit, Chunamh Village Drive out of our park Because of increasing development in our area, our residents have experienced difficulty exiting and entering our mobile home park. One of our residents was involved in a traffic accident during the last month in front of our park. When I asked him if he was OK, his comment to me was "We need a traffic signal." The Planning Commission just approved the development of 291 residential units 2 affordable housing lots 16 business park/office lots 27 mixed use lots (residential and office). The City estimates 7 new traffic trips per day just from the residential units. I do not have statistics for the affordable housing lots or offices. in SPCnGat\91� s-R ¢ �"yf,N. S o`+Pa �9 ag gg 7 t ;Oop, CHUMASH VILLAGE KING DEV \ ;r° 4# q` �s ,��e1f G„a a y>¢ `E^t 4 Gf i gFY Di S wd Loft as`= qNq �' „ �- ? DE BLAU DEV P2, AN COWAN DEV 4 6' Hna ne .L` _ •.4_ a �o,�- b _ ..mFd'.• ve,u uae NEW AFFORDABLE HOUSING NEXT TO CHUMASH New affordable housing has been proposed next door to Chumash Village at the Old McBride's. Chumash Village has almost the same number of residential units as the three new developments. 236 The new development will have 291 units Very elaborate plans have been made for the residents of the new development many streets—many turnabouts—mass transit—new roads— traffic signals. I believe our request that the new developers provide us with one traffic signal is quite minimal. .- .j •�'�aid. _`'�L � C� Donald E . Hedrick < s cKFArivE rrAXnsvcsnwlCUAONGU4G KT PRAcTJCArsfr Or .rjl�" AND ZLECTJUCTXC3MV0ZDGY WnH 77WS7XENG7HQFAK0LD JURK TAU P.O. Box 343, San Luis Obispo, California 93406 Phone (805) 541-0303 Tuesday, February 07, 2006 Presented to the City Council at the February 7, 2006 meeting To restate the public nuisance problems concerning the mismanagement of the flood waters through the Damon-Garcia Sports Field by the two creeks, Orcutt Creek and Accacia Creek, as they affect the adjacent properties occupied by Hidden Hills Mobile Home Park and the Lary Acres Recreational Vehicle Storage Yard. It appears that the position of the City is to Duck the Public Nuisance Issue and hold that the the water flows in that area were engineered and approved. The situation there of the MAN MADE OBSTRUCTION of the two foot diameter culvert that is placed in Orcutt Creek two hundred feet downstream of the Sports Field Fence on the SESLOC property fits the definition of a PUBLIC NUISANCE in State Law and In the Guiding Documents of the City of San Luis Obispo. The affected parties of the excessive flooding of the long estabilished uses of the neighboring properties deserve and request that the public nuisance of the creek blockage that has caused the excessive silting of the Orcutt Creek in the vicinity of the convergence of the bypassed excess storm water of Accacia Creek after it flows across the Sports Field be removed and that Orcutt Creek have its natural channel restored and that a berm be placed at the fence line of the Recreational Vehicle Storage yard to redirect the misdirected flood flows back into the intended Orcutt Creek Channel. Code enforcement has brushed it off as not their job. City engineers say it was approved and is not their problem. I have been told outside of the meeting by a city engineer that there'were no historic flow data on those creeks so how can there be adaquate information to base such an unrefutable approval. The real point is that It is a man made condition that makes it a PUBLIC NUISANCE that needs to be addressed. Sincerely, Donald E. Hedrick, Nlayorial Candidate cc/yes What follows are cited public documents Nuisance In tort law, a type of wrong. A wrong arising from the unreasonable, improper, indecent, or unlawful use of property to the annoyance or damage of another, or the general public. A public nuisance is an interference with the common right of the general public or an indefinite number of persons; an unreasonable interference with the health, safety,peace, or comfort of the community. City of San Luis Obispo Community Design Guidelines 7.1 - Creekside Development B.3 No grading or filling,planting of exotic/non-native or non riparian plant species,or removal of native vegetation shall occur within a creek or creekside setback area. General Plan Digest W 6A Creeks, Wetlands and Flooding Policies LU 6.4.1: Creek and Wetlands Management Objectives The City should manage its lake,creeks,wetlands,floodplain,and associated wetlands to achieve the multiple objectives of- A) fA)Maintaining and restoring natural conditions and fish and wildlife habitat; B)Preventing loss of life and minimizing property damage from flooding; LU 6.43: Flood Hazard Reduction A)The City will develop and carry out environmentally sensitive programs to reduce or eliminate the potential for flooding in previously developed,flood-prone areas of the City. B)The City should allow flood waters to move through natural channels. Flow should be accommodated by removing debris and man-made obstructions. The City recognizes that natural channels generally cannot contain runoff from a storm of the intensity expected once in 100 years("I 00-year storm"). C)No new building or fill should encroach beyond, or extend over,the top-of-bank of any creek. E)Within new development areas, such as the potential expansion areas shown in Figure 2, substantial displacement of flood waters should be avoided by: 1)Keeping a substantial amount of flood-prone land in the vicinity as open space; 2)Enlarging man-made bottlenecks, such as culverts, which contribute to flood waters backing up from them; 3)Accommodating in such places uses which have relatively low ratios of building coverage to site area, for which shallow flooding of parking and landscape areas would cause minimum damage. F)Creek alterations shall be considered only if there is no practicable alternative,consistent with the Open Space Element. LU 6.4.5: Open Channels All open channels should be kept open and clear of structures in or over their banks. When necessary,the City may approve structures within creek channels under the limited situations described in the Open Space Element.LU 6.5: Creeks and Flooding Programs W 6.5: Creeks and Flooding Progra ns LU 6.5.1: Previously Developed AreasTo limit the potential for increased flood damage in previously developed areas, the City will: A)Ensure that infill,remodel,and replacement projects: 1)Do not displace more flood water than previous structures on a site; C)Remove man-made obstruction from channels. D)Ensure that any new development in the watershed detains rather than accelerates runoff from development sites. LU 6.5.4: Man-made Obstructions The City will maintain the creeks free of man-made obstructions. LU 6.5.5: Restoration at Development Sites The City will require protection and restoration of wetlands and creek channels for fish and wildlife habitat within development sites. LU 6.5.7: Wide Cooperation The City will work with the U. S.Army Corps of Engineers,U. S. Fish and Wildlife Service, California Department of Fish and Game,Regional Water Quality Control Board,County Flood Control District,the County Land Conservancy,and other interested groups and individuals to assure that its own activities and the development it regulates conform with flood-control and habitat-protection objectives. Despite such consistent and strong expression of community values,there has been continued, incremental degradation of the natural environment expressly valued by residents of San Luis Obispo. The present Land Use Element update must be understood as emerging from the context of I the community's past experiences and present attitudes. It is a document that charts a future course of concern with environment, society,economy,and quality of life,and responds to the desires of the City's resients. 3.0 CREEKS 3A:GOALS 'OS 3:13: Creek Restoration Restore degraded creeks to provide high quality habitat and to augment aesthetic resources,and to reverse the historical trend of creek channelization and modification. OS 3.1.4: Recreational Uses Provide recreational uses adjacent to creeks only when they are sensitive to the creek environment. (p20) OS 3.15: Creek Maintenance Provide creek maintenance that preserves natural habitat, scenic qualities,and public safety. (p20) B)On lands the City owns or develops,riparian vegetation will be protected and degraded creeks are to be restored(where protection and restoration does not interfere with flood control practices per Policy F below). F)Creek alterations are to be allowed only if no practicable alternative is available,or to protect public health and safety. If alterations are allowed,the proposed project should utilize natural creek alterations(i.e., stabilization methods which maintain an earthen channel and provide additional riparian Vegetation).Gabions,rocks,and other bank stabilization methods which allow plantings(both trees and shrubs)within the bank protection may be allowed only when no practicable alternative to natural creek alterations exist.If no practicable alternative to the utilization of gabions,rocks,and other bank stabilization methods which allow plantings(both trees and shrubs)'eik hard bank protection which does not allow for plantings(such as solid walls)may be permitted. OS 3.2:2: Mitigation-and Monitoring When no practicable alternative to a significant creek resource impact exists,the developer will he_required to implement a City-approved mitigation and monitoring plan that will avoid or ameliorate significant impacts. A)The-mitigation and monitoring plan should be: (1) in accordance with official California Department of Fish and Game guidelines,and(2)prepared and implemented by qualified pilo s—Monals funded by the project applicant. SAFETY ELEMENT GOALS Goal 1 . i Minimize injury and loss of-life. Goal Minimize damage to public and private property. Goal.3 Minimize social and economic disruptions resulting from injury,death,and property damage. 1.0 FLOODING POLICIES S 1.1: Flood Hazard Avoidance and Reduction A)The City will develop and carry out environmentally sensitive programs to reduce or eliminate the pote>itial for flooding in previously developed, flood-prone areasof the city. B)The City should allow flood waters to'-move through natural channels. Flow should be accommodated by removing debris and man-made obstructions.Tfie;City recognizes that many natural channels cannot contain ivn from a storm greater than a 25-year event. Areas flooded by storms as large as a 100-year event will be mapped. C)No new building or fill_should encroach beyond,or extend over, the top-of-bank of any c. ". E)Within new development arias such as the potential expansion areas shown in Figure 2 of the I �d Use Element, substantial displacernerit of flood waters shdUld be avoided by: 1)Keeping a substantial amount of flood-prone land in the vicinity as open space; 2)Enlarging man-made bottlenecks,such as culverts,which cont}iWit~to flood waters backing up from them; 3)Accommodating-in such places uses which have relatively low ratios of building coverage to site area,for which shallow flooding of parking and landscape areas would cause minimum damage. F)Creek alterations shall be considered only if there is no practicable alternative,consistent with the Open Space Element. G)Development close to creeks shall be designed to avoid damage due to future creek bank erosion. Property owners shall be responsible for protecting their developments from damage caused by future bank loss due to flood flows.