CC 2015-08-25 Supplemental Info.MEMORANDUM
TO: -CITY COUNCIL
FROM: KITTY NORTON, DEPUTY CITY CLERK
SUBJECT: SUPPLEMENTAL INFORMATION
DATE:
AGENDA ITEM 8.D. -AUGUST 25, 2015 CITY COUNCIL MEETING
CONSIDERATION OF APPROVAL OF MINUTES
AUGUST 25, 2015
Attached is a correction to page 5, Item 8.e., of the June 23rd minutes (shown in
redline). Additionally, a correction. has been made to page 23, Item 11.a., of the August
11th minutes (shown in redline). It is recommended the Council approve the June 23
and August 11, 2015 minutes, as amended. Thank you.
cc: City Manager
City Attorney
City Clerk
Public Review Binder
Minutes: City Council Regular Meeting
Tuesday, June 23, 2015
Pages
Action: 1) Awarded a contract for construction of the 2015 Citywide Concrete Repair
Project to V. Lopez Jr. & Sons, GEC Inc. in the amount of $90,777.50; 2) Authorized the
City Manager to approve change orders for 10% of the contract amount, $9,078.00 for
additional work and unanticipated costs during the construction phase of the project; 3)
Rolled Forward $10,000.00 from the FY 2014/15 Street Maintenance Fund for the
project; and 4) Directed the City Clerk to file a Notice of Exemption.
8.1. Consideration of Monthly Water Supply, Demand and Marketing Update.
Action: Received and reviewed the monthly Water Supply, Demand and Marketing
Update Report.
8.m. Consideration of Acceptance of the Police Station Addition/Tenant Improvements
Project, PW 2014-08.
Action: 1) Accepted the project improvements as constructed by GLR Construction,
Inc. in accordance with the plans and specifications for the subject project; 2) Directed
staff to file a Notice of Completion; and 3) Authorized release of the retention, after the
Notice of Completion has been recorded, if no liens have been filed.
8.n. Consideration of Annual Report and Adoption of Resolution of Intention for Levy
of Annual Assessment for Arroyo Grande Tourism Business Improvement
District.
Action: 1) Received and approved the annual report of the Arroyo Grande Tourism
Business Improvement District Advisory Board (AGTBID); 2) Adopted a Resolution
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE OF INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE
AGTBID AREA FOR FISCAL YEAR 2015-16 AT THE SAME RATE AS IN FISCAL
YEAR 2014-15 11
; and 3) Set the date for the public hearing for July 28, 2015.
ITEMS PULLED FROM CONSENT AGENDA
8.e. Consideration of Consultant Services Agreement with RG Pacific for Tourism
Marketing Services.
Recommended Action: Approve a consultant services agreement with RG Pacific for
tourism marketing services to assist the Arroyo Grande Tourism Business Improvement
District.
Mayor Hill Council Member Harmon stated it was important to add that Arroyo Grande is
identified as a Bicl.cle Friendly Community and to promote the Central Coast Classique coming
up on August 22n ; to identify the cycling routes in Arroyo Grande; and expressed concern that
RG Pacific's Plan promotes the Pismo Outlets and needs more emphasis on the shopping
available in Arroyo Grande.
Judith Bean, representing Arroyo Grande Grover Beach Chamber of Commerce, stated that this
was good feedback and that RG Pacific is very receptive to ideas and further commented on the
review of their RFP and that it will be good to have a new marking perspective.
Action: Council Member Harmon moved to approve a consultant services agreement with RG
Pacific for tourism marketing services to assist the Arroyo Grande Tourism Business
Improvement District. Council Member Guthrie seconded, and the motion passed on the
following roll-call vote:
AYES:
NOES:
ABSENT:
Harmon, Guthrie, Brown, Hill
None
Barneich
Minutes: City Council Regular Meeting
Tuesday, August 11, 2015
AYES:
NOES:
ABSENT:
Brown, Guthrie, Harmon, Hill
None
Barneich
Page2
8.a. Consideration to Reject Construction Bids and Solicit New Construction Bids
for the Municipal Water Well No. 11 Treatment Plant Construction, Well
Equipment and Piping Installation Project, PW 2010-07.
Action: 1) Rejected all construction bids received on July 14, 2015 for the subject
project; and 2) Directed staff to revise the bid documents and solicit new
construction bids for the subject project at a future date.
8.b. Consideration To Fund Sewer Main Repair Project at Sewer Lift Station No. 1.
Action: Authorized the appropriation of $75,000 from the Sewer Fund balance to
repair the 8" sewer main at Sewer Lift Station No. 1.
8.c. Consideration to Approve a Consultant Agreement with Rincon Consultants,
Inc. for the Central Coast Collaborative Climate Action Plan Implementation
and Monitoring Program.
Action: Approved a consultant agreement with Rincon Consultants, Inc. for the
Central Coast Collaborative Climate Action Plan (CAP) Implementation and
Monitoring Program.
9. PUBLIC HEARINGS
None.
10. OLD BUSINESS
None.
11. NEW BUSINESS
11.a. Consideration of Senate Constitutional Amendment 5.
City Manager Thompson presented the staff report and recommended that the Council
consider taking a position on Senate Constitutional Amendment 5 and provide direction to
staff.
Mayor Hill invited public comment. Speaking from the public were Andrea Seastrand, Central
Coast Taxpayers Association, in opposition to SCA-5 and stated that all cities are being
approached to consider this item and requested the Council take a position to oppose SCA 5 in
order to protect Proposition 13; Dan Langston, in opposition to any changes to Proposition 13;
and Linda Osty, in opposition to any changes to Proposition 13. Hearing no further comments,
Mayor Hill closed the public comment period.
Action: Council Member Harmon moved to direct staff to prepare a Resolution opposing
Senate Constitutional Amendment 5 and to bring it back to Council for adoption at a future
meeting. Council Member Brown seconded the motion.
Counoil Member Harmon expressed oonoern Brief comments ensued about taking positions on
items that are outside the purview of the Council, and trying to balance what is appropriate for
the Council to make decisions on that may impact the community.:., and suggested establishing
a polioy that provides a soope of items that are under the purvimv of the City Counoil.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN LIEBERMAN, FIRE CHIEF
SUBJECT: SUPPLEMENTAL INFORMATION
AGENDA ITEM 11.A. – AUGUST 25, 2015 CITY COUNCIL MEETING
STATUS REPORT REGARDING THE SALE AND USE OF FIREWORKS
DATE: AUGUST 25, 2015
Attached is correspondence received regarding Agenda Item 11.a.
cc: City Manager
City Attorney
City Clerk
Public Review Binder
RECEIVED.
AUG· 2 6 2015
August 24, 2015
To: Mayor Jim Hill and members and the Arroyo Grande City Council
Subject: Agenda Item lla-status _report regarding the use and sale of fireworks
As a resident of Arroyo Grande, I would like to oppose the future sale and use of fireworks in this city. In
this time of drought, lack of water and vegetation ripe for burning, this city is prim~d for a preventable
disaster. As a retired employee of a Southern Ca. city, my words are backed by my credentials. I was an
Arson/Explosive investigator for over 14 years, a certified fire/bomb investigator with the State of
California and a court certified expert in the Superior Court of California in both fires and explosives. I
have investigat~d hundreds of fires and know firsthand that safe and sane fireworks can cause fires
resulting in hund~eds of thousar'!ds of dollars in property damage and serious, life threatening injuries.
I do understand'the fact that the sale of fireworks support a number of non-profit organizations in this
city. However, I feel it's time to put this aside for the safety and well-being of the citizens in this city,
especially the ones in and around higf:l fire danger areas. I live in the Highlands area of this city and have
. a large area of vegetation behind me as do numerous other homes in the area. A fire in this' area would
be devastating. We all know that fire embers can travel for miles, which, in turn, would cause other fires
to start. Eve~ the radiated h_eat from a fire with this dense trees and brush, would case homes to
explode with the right conditions of heat, fuel and oxygen. Then, it's a matter of time before a
·neighborhood is engulfed in fire leadi.ng to the possibility of death.
This can all be avoided by making all fireworks illegal in this city. In reading the report supplied by the
Police ·and Fire Chiefs of Arroyo Grande., ther~ were 189 calls for service between July 3-5 in our city. A
total of 27 calls for serVice were calls for illegal fireworks. This included the call made by my neighbor of
a commercial grade, aerial mortars being launched into the sky and exploding over the open space area
that borders Los Ciervos and Andfe Circle. I have attached his letter to the editor for your review and a
couple of photos proving my case. These were no bottle rockets. The Arroyo Grande Police Dept.
responded to this call and the dispo is.unknown at this time. The statistic speaks for itself.
-' --
It is time to put a stop to all this and mak~ it illegal to sale or use fireworks in Arroyo Grande. It's just a
matter of time before a disaster strikes this city, prompting a number of citizens to stand before you at a
council meeting and say, "I told you so." Nonprofits will survive. I'm sure they will have their say in this
matter. However, in this time of extreme high fire danger, water restrictions and brown conditions
throughout the state, it is time to ban fireworks of all kinds. It is the prudent thing to do.
STOP THE IN-SANITY
I live in Arroyo Grande and -last night-(July 4th) was absolutely frightening. The HOA for the
adjacent neighborhood was holding a block party and at.about 8:45pm things got out of
hand. Approximately ten commercial-grade, aerial mortars were launched into the skies over
the bon~-dry _open-space next to my home. Any spark from these explosions could have caused
a blaze that would have endangered a large number of homes and the families in them.
Occurre_nces like tbis have been going on for years and are .only. encouraged by the City's
-policies toward Fireworks and its inability to enforce any restrictions:
Will it take a disaster to get the Arroyo Grande city government to come to their senses and
stop supporting the sale and use of any fireworks in our City? I know that there's a lot of
backing for the sales of fireworks because they benefit many worthy organizations. However,
it's clearly irresponsible.for the City to sa_y that this benefit is 111ore important than the safety ~f
its citizens.
Charlie Felix
~
Arroyo Grande, CA 93420
2 of3 8/21/2015 12 :48 PM
2 of3 8/21/2015 12 :48 PM
*3 ......
m CAL FIRE SLO retweeted
City of Pismo Beach @CityofPismo · Jul 1
· All Fireworks are Prohibited in the City of Pismo Beach
Violators may be fined up to $2,000 for lighting fireworks.
RETVVEETS FAVORITES
4 4
4:54 PM -1 Jul 2015 Details
* ,, ....
CAL FIRE SLO @CALFIRE_SLO · Jul 1
Fireworks are illegal.
CAL FIRE
NE\iVS RELEASE
California Department o[Fonstry and Fire Protection
Sm Luis Obispo County Fire
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Illegal ~works injures S at C~ornia block party, suspected in some destructive fires IF... Page 2 of3
ATTACHMENT 3
Illegal fireworks injures 5 at California block party, suspected
in some destructive fires
"ubOshed July 05 2015 I Associated Pross
Los A"IGELES -Illegal t!rewDrks were beneved to have lgnrted rues that threatened homes and destroyed property In several
locaUons. as well as caused an explosion at a block party that sent at least five people to the hospital, authonlles aaoss Csllfom1a
said Sum!ay as they assessed damages and lnjunes fn:Jln the July Fourth celebration.
In the cfly of Holllster, a man was anested on suspicion of selling off a large mortar duilng a block party Salulday night Once flt,
the device fell over and shot projectiles mto a crowd, hlWng several people, police said. -
A chlld was fl()Wn I!> a San Francisco Bay area hospital with severe lnjUnes, several children suffered moderate to severe bums and
one person had a possible broken leg.
"Thia incident Is a grim reminder of the dangers of firewor11s. Some of these children v.10 be scarred for life," Holllster'a police chief,
David westnck, said In a statement
Shawn Gl8gory Bourdet, 85, told officers he was responslbfe for what happened and was arreS!ed at the scene, the s1atement said
Meanwhlle, Los Angeles county sheriff's lnvestlgato:s suspect Illegal fireworks sparked a fire that caused minor lnjunes to four . -
flrelightl!lll and caused up to $8 milllon In damage to three warehouses
_ They said witnesses reported seeing a group or young men shoot fireworks at mattresses outside one of the warehouses In an
lndustnal area of South Los Allg"._les. The fire spread to the Inside and several nearby burldlngs.
Areworks debris was found at the scene, aUthoritles said.
"They said !rs a total loss," Daniela AVIia, who works et a 11.imllure company owned by her boyt!fend, told KABC. lV,
''This Is our second home, If anything our first home. We spent more time here than at our own home so this Is haid,• Avila said.
'
In Northam California, officlals said fireworlls may have started a wildfire thet bumed more than 320 acres and threatened homes In
the cfly of Vacav!lle.
The fire slarted near a park Seb.mlay night and embers were quickly spread by wmds that gusted to 40 mph, said Mark Mazzaferro,
a spokesman for the city between San Francisco and Sacramento.
"Ifs bone dJy out there," Mazmferro said. "Talk about a recipe for a big fire."
About 125 people left their homes in voluntary evacuaUons Several homes were lhreatenelf, but no structur8s were bumed, he
said.
A crew of et least 130 fi181lghters worked throughout the night to battle the braze. Witnesses reported seeing someone playing with
fireworks In the paJk shortly befola the fire began, MazzarSrro said.
Further north In the Rio Linda area of Sa_cramento, a grass lire thmtened severBJ homes, damaged five outbulldlngs and 10 cars
-and burned about soc acres, the Sacramento Metro Are Dls1rlct said
One firefighter was hospitalized after sUffenng a musc:ular Injury While battling the blaze.
KHTK-TV reports authonties conlinned Sunday that the fire was caused by fireworks.
URL
-http://www.foxnews.com/us/2015107 /05/illegal-fireworks-injures-5-at-califomia-block-par ... -8/13/2015
-Item 11.a. -Page 7
TO:
FROM:
BY:
SUBJECT:
DATE:
MEMORANDUM
CITY COUNCIL
~t/
TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
MATTHEW DOWNING~SOCIATE PLANNER
SUPPLEMENTAL INFORMATION
AGENDA ITEM 11.b. -AUGUST 25, 2015 CITY COUNCIL MEETING
CONSIDERATION OF STATUS REPORT REGARDING DEVELOPMENT
CODE AMENDMENT 14-002 REGULATING VACATION RENTALS AND
HOMESTAYS
AUGUST 25, 2015
Attached is correspondence received after agenda preparation.
Attachments:
1. Correspondence from Carolyn Johnson regarding the vacation rental at 1305 Newport
Avenue
2. Correspondence from Connie Mooney regarding the vacation rental at 1305 Newport
Avenue
3. Corr~spondence from Melissa Davis regarding the vacation rental at 1305 Newport
Avenue
4. Correspondence from Deborah Sidenberg regarding the vacation rental at 1305
Newport Avenue
5. Code Enforcement request from Kathleen Randolph regarding the vacation rental at
1305 Newport Avenue
6. Code Enforcement request from Julie Burkhart regarding the vacation rental at 1305
Newport Avenue
ATTACHMENT 1
Matt Downing
To: Carolyn Johnson
Subject: RE: Vacation Rental regulation status report Council agenda Item 11 B -August 25, 2015
Council meeting
From: Carolyn Johnson
Sent: Saturday, August 22, 2015 6:17 PM To:•••••••• Subject: Vacation Rental regulation status report Council agenda Item 11B -August 25, 2015 Council meeting
Hello Kelly,
As this agenda item is not a public hearing, please share these comments with
the City Council and include in the public· record at the Tuesday, August 25
Council meeting. ·
I request the Council consider a modification to the Vacation Rental
application and approval process to require neighborhood notification and
opportunity for comment BEFORE a decision is reached on Vacation Rental
applications. An example is provided -this particular Vacation rental is not
the subject of the Council's deliberations but may help the Council to walk
through the Vacation Rental approval process from a resident perspective.
A recent Plot Plan Review application for a Vacation Rental was approved at
1305 Newport Ave. Residents within 300 feet of 1305 Newport received a
notification postcard of the approval with the notation that the approval of the
Vacation Rental could be reviewed at City Hall and that the decision to
approve the Vacation Rental could be appealed at a cost of $250+. The
operation of the vacation rental at this location has been ongoing without
benefit of a permit by the applicant since March of 2015; an adequate amount
of time for the neighborhood to see if/how this vacation rental will work in the
neighborhood. Things have not been going well. The neighborhood voice early
in the decision making process could have helped to determine whether this
vacation rental is compatible with the neighborhood. Which it is not. Now
that the Vacation Rental has been approved, the onus is on the neighborhood
to pay the required appeal fee and go through the appeal process of a public
hearing (notification, staff report etc) in front of the Planning Commission.
I respectfully request the Council consider modification of the regulations to
require neighborhood notification and opportunity for comment before
decisions are reached on Plot Plan Reviews for Vacation Rentals.
Thank you for your consideration.
1
Carolyn Johnson Friedman
Newport avenue resident
2
ATTACHMENT 2
Connie Mooney August 21, 2015
227 Fair View Drive
Arroyo Grande, CA
Dear City Council Members,
I am writing concerning the vacation rental in our neighborhood, located at
1305 Newport Ave. It has been operating for about the past five months. During
that time there have been numerous people in and out and several disruptive
groups. The description on 'the website states that this is a family neighborhood and
asks for the occupants to respect this. This has not always happened. There was a
group of 12 that were very loud, drinking, and smoking more than cigarettes. It
was obvious they came to party. Another group was loud until midnight. The most
disruptive was a bachelor party. They used every swear word known to man from
the moment they arrived. I called the landlord, he called them and they were quiet
until midnight and began again. The new neighbors below us were awakened by
them at 3:30 AM. This should not be happening in a residential neighborhood. I
hesitated to call the police because I don't know how the occupants would react.
They would obviously know one of the close neighbors had called.
We did not buy our home to have a hotel move in next door. I firmly
believe that this type of business does not belong in ANY neighborhood. I feel the
City Council should reconsider their position and put an end to this before more
than just a handful of them exist. If someone wants to run a hotel, they should buy
one and have at it.
After reading l lB on your agenda, it basically says no complaints had been
received about the permitted operations. This may be because it takes time for the
neighborhood to realize what is happening and respond. It seems that the
neighborhood should be notified about an impending vacation rental before it is
permitted and not afterword.
Thank you for your time and consideration,
Connie Mooney
Melissa Davis
2015
217 Fair View Drive
Arroyo Grande, CA
Dear Ctty Council Members,
ATTACHMENT 3
August 24,
I am writing concerning the vacation rental in our neighborhood, located at 1305
Newport Ave. We are new tenants on Fair View Dr. beginning on August 1, 2015. Since
our brief time at our home we have seen and heard various types of people stay at the
vacation rental home. Most of them have been loud and disruptive to this very quiet
neighborhood. The most recent occupants were several loud men that used very foul
language. I was awoken by their very loud talking at 3:30 a.m. one night. I have three
young children and this behavior concerns me. I do not want my children to hear this
language.
I strongly feel that this type of business should not be located in any neighborhood. It
can be disruptive to the people that reside in the neighborhood. Thank you so much for
your time and consideration.
Respectfully,
Melissa Davis
August 10, 2015
Robert McFail
Interim City Manager
City of Arroyo Grande
Re: 1305 Newport-AirBnB Vacation Rental
Dear Mr. McFail:
ATTACHMENT 4
We are property owners with a lot contiguous to the subject property. Our backyards meet to the
north.
I have read 16.52.250 Vacation Rentals and what leaps out is the description under (A)"Purpose
and Intent". The use of the subject as a rental for a revolving door of unsupervised short term
renters does not "conform to the existing character of the neighborhood". The neighborhood is
comprised of single family residences within a few blocks of an elementary school.
The second part of that description, that the vacation rentals "do not create an adverse impact on
the adjacent properties" is debatable. It lies on a narrow street with no outlet. The subject
property is large enough to accommodate many short term tenants at a time but the street on
which it is located has limited parking because you can only park on one side of the street. It's
obvious that parking for other property owners is going to be adversely impacted.
Although we no longer live in the neighborhood we raised two daughters there. When we opted
to downsize we retained the home and were careful to rent it to families with children. Ocean
View Elementary is an excellent school and the ability to walk to school is a blessing.
Perhaps that is what surprises me most about the City considering this property as an AirBnB
rental possibility. To put children at risk with transient strangers staying within walking distance
to classrooms and playgrounds is foolhardy. Also "upper" Newport is the drop off and pick up
point for many parents whose children then walk the rest of the way to school. Maybe those
parents and even the school itself (ie, the County) should be brought into the discussion of the
viability of this AirBnB location.
Sincerely,
Deborah Sidenberg
Property Owner
217 Fair View Drive, Arroyo Grande
I iVlll• l~Wl~llLIVI ln,,1-'-" __ , ,, • ._..._._, \-----•••-•--•··-··-} ----------------------·
Sent: Thursday, August 20, 2015 3:40 PM
To: ATTACHMENT 5
Subject: New request received
Category Neighborhood Services (Code Enforcement) has received a new request.
------........ ------------~~ ~-~ -------------~_,_ ~-~~----------------------------------·---------------
Here is what we have on file:
-------·---~----···------· ----,-----· ·---
Sent: Saturday, August 22, 2015 12:46 PM ATTACHMENT 6
To:
Subject: New request received
Category Neighborhood Services (Code Enforcement) has received a new request.
Here is what we have on file:
1