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CC 2015-09-22 Supplemental InfoMEMORANDUM TO: CITY COUNCIL FROM: HEATHER K. WHITHAM, CITY ATTORNEY SUBJECT: SUPPLEMENTAL INFORMATION DATE: AGENDA ITEM 8.h.-SEPTEMBER 22,2015 CITY COUNCIL MEETING CONSIDERATION OF APPROVAL OF THE ELM STREET DOG PARK AGREEMENT SEPTEMBER 22, 2015 Council Member Guthrie has asked that the following information be provided for the City Council's consideration at the September 22, 2015 meeting with regard to Item 8.h- Consideration of Approval of the Elm Street Dog Park Agreement. Section 12.20.080.C.2 of the proposed Dog Park Rules Ordinance (Item 11.a) contains a provision whereby the Director of Recreation Services is given the authority to designate City employees and Dog Park volunteers who are authorized to issue warning and exclusion notices. In accordance with Section 12.20.080.C.2, it has been suggested that the draft Elm Street Dog Park Agreement be modified to clarify that the Elm Street Dog Park Association ("ESDPA") is authorized to issue warning and exclusion notices. As such, we propose the following revision to Section 3.H of the draft Dog Park Agreement: H. ESDPA is authorized pursuant to Section 12.20.080.C.2 of the Arroyo Grande Municipal Code to issue warning and exclusion notices. ESDPA will inform the users of the Dog Park of the Dog Park rules and will initially enforce all Dog Park rules, provided, however, that members of ESDPA shall not engage in confrontations with members of the public using the Dog Park if they do not voluntarily comply with Dog Park rules. In such case, City Staff and/or the Arroyo Grande Police Department shall be contacted if formal enforcement is required. CITY COUNCIL SUPPLEMENTAL INFORMATION -ITEM 8.h. SEPTEMBER 22, 2015 Staff is also recommending that Item 8.h (Dog Park Agreement) be pulled from the consent agenda and heard after Item 11.a (Ordinance) so that if there are any modifications to the Ordinance, which need to be reflected in the Agreement, those revisions can be made prior to consideration of the Agreement. In addition, while we do not anticipate any modifications being made to the Ordinance once it is introduced, we recommend the approval of the Dog Park Agreement be contingent upon the adoption of the Dog Park Ordinance and that the Agreement not be executed until the effective date of the Ordinance. MEMORANDUM TO: CITY COUNCIL FROM: DIANNE THOMPSON, CITY MANAGER SUBJECT: SUPPLEMENTAL INFORMATION AGENDA ITEM 11.b. SEPTEMBER 22,2015 CITY COUNCIL MEETING: CONSIDERATION OF COMMENT LETTERS REGARDING THE PHILLIPS 66 RAIL SPUR EXTENSION PROJECT AND RAIL SAFETY, AND INFORMATION REGARDING OTHER CONCURRENT AND MISCELLANEOUS PROJECTS RELATED TO OIL PRODUCTION DATE: . SEPTEMBER 22, 2015 Attached is correspondence received regarding the above referenced agenda item. cc: City Attorney Community Development Director City Clerk Public Review Binder Dianne Thompson From: Sent: To: Subject: Dear Ms Thompson-- Charles Varni Tuesday, September 22, 2015 12:32 PM Dianne Thompson No to oil trains Would you kindly forward this statement regarding the Phillips 66 oil train terminal project by the SLO League of Women Voters. I think it represents a very honorable, fair, and reasoned position and hope the council will find it helpful in its deliberations this evening. · See you all later. Charles Varni http://www .sanluisobispo.com/20 15/08/11/3 7 57542/no-to-oil-trains.html 1 The Tribune Letter to the Editor No to oil trains BY MARGUERITE BADER President, Le<lgue of Women Voters of San Luis Obispo Countyi\ugust ll. 2015 The League of Women Voters of San Luis Obispo County shares the concerns of many in our community regarding the Phillips 66 rail spur project and the risks to public safety that it entails. Increased activity resulting from this project will expose hundreds of thousands of people and large areas of environmental sensitivity to increased risk of accident and damage. Locally, the main rail line through San Luis Obispo County is one of the windiest and steepest in the state, with trestles and bridges in serious need of upgrading. Schools, hospitals and homes along the rail line in cities throughout our county would be at risk. The serious safety issues raised by this project require that the county's planning commission and board of supervisors insist upon full and enforceable mitigation of these risks before approving the project. We say "enforceable" because it is unclear that county authorities can require structural studies of and upgrades to infrastructure or enforce speed limits on trains coming through our county. If county officials cannot enforce mitigation of the dangers this project presents to our communities, they should not approve the project. To do so would be to risk real harm to all of us. Read more here: http://www.sanluisobispo.com/2015/08/11/3757542/no-to-oil-trains.html#storylink=cpy RECEMD SEP 21 2015 CITY OF ARROYO GRANDE September 19, 2015 · •. RE: 9/22/15 Council meeting, Item ll.b. -Consideration of Comment Letters Regardillg the Phillips 66 Rail Spur Extension Project and Rail Safety Dear Mayor Hill and Councilmembers, Thank you for taking up this issue. The Santa Lucia Chapter represents the Sierra Club's 2,000 members in San Luis Obispo County. We are pleased to convey their concerns regarding the Phillips 66 oil by rail project. We must point out that the drafts of both recommended letters, as written, aie out of date. The policy recommendations on rail safety recommended by the California League of_ Cities were developed in February 2015, during the drafting process for the new federal rule. The Department of Transportation released its final rule on tank car safety on May 1. Hence, staff's "draft comment letter as suggested by the League of California Cities" is four months too late. We also point out that the League's recommendations to the Dept. of Transportation that the new 40mph speed limit for high-hazard trains be mandated in all areas and that the new federal rule "mandate electronically controlled braking systems," "quickly phase out unsafe tank cars" and "provide more information to first responders" were ignored or rejected when the rule was finalized. Railroads will be allowed to take up to ten years for the phase out and retrofit or replacement of unsafe tank cars, and can take up until 2021 to install electronically controlled braking systems. A new 40 mph speed limit has been set only for "high threat urban areas." Forty miles per hour is more than twice the rated "puncture velocity" of even the new tank cars that the DOT will (in some cases) eventually require. Oil trains carrying millions of gallons of explosive crude will continue to travel at 50 mph across North America except in a small number ofthose "high threat urban areas," none of which are in San Luis Obispo County. The new safety rule gutted public notification requirements, removing an existing requirement that citizens and emergency responders be informed about where these trains are running and when. We suggest that it would be futile to send the proposed letter to the Secretary of Transportation, as it constitutes recommendations for inclusion in a federal rule that has already been adopted and which largely rejected those recommendations. As the new federal rule does not alleviate the concerns that have arisen around the proposed Phillips 66 project, it would be best for the City to focus instead on local action it can take on behalf of your citizens regarding the potential impacts of the project. In this regard, the draft letter to the County Planning Commission needs to be updated. The dated references to support for the League of California Cities' rejected recommendations and urging their i.J1clusion in the fmal rule should be removed. Also, the draft letter from the City of Pismo Beach attached to your staff report and referred to in staff's own draft-letter ("The City joins with the community of Pismo Beach regarding heightened concerns about rail safety and potential environmental threats ... ") is not, in fact, the letter that Pismo Beach is sending to the· Co~ty. At 1 its September 15 meeting, the Pismo Beach City Council agreed that Mayor Higginbotham should send a revised draft of the letter to the County, stating her opposition to the project unless all of the eleven Class 1 "significant and unavoidable" environmental impacts identified in the Revised Draft EIR can be mitigated. We suggest the City follow this common sense conditional approach to this issue. This would entail revising the draft letter to the County Planning Commission, striking the last paragraph ("We appreciate the magnitude of the task the Planning Commission has in reviewing the Project and we trust that rail safety aspects will be weighed appropriately during your consideration") and replacing it with a specific request. Urge the Planning Commission to deny the project unless it can assure that full and enforceable mitigation ofthe project's safety issues will be implemented and that all Class 1 environmental impacts will be mitigated. Thank you for your attention to this issue. Andrew Christie, Director Santa Lucia Chapter of the Sierra Club 2 MARILYN S HANSEN JD PO Box 3073 Slie{{ Beacli California 93448 Sptember 16 2015 City of Arroyo Grande FAX: 473-0386 City Clerk City Council Community Development Department 300 East Branch Arroyo Grande CA 93420 ~EC~IViED SEP 2 ·1 ·'Jr;'-. ,£., .. :) :CITV(Of A'mOVOQAoo;~ : Cm!!Mm;mv tl£1-~f'E!'·IT .~ Request for the City to Urge the County of SLO, for a Decision of Denial of the Phillips 66 Rail Extension Project To: THE CITY COUNCIL & OFFICIALS OF THE CITY OF ARROYO GRANDE, I own the land and buildings at 160-174 Station Way, Arroyo Grande. This is an urgent request for the City of Arroyo Grande to send written correspondence to the San Luis Obispo County Planning Commission and Board of Supervisors, expressing concerns about the safety impacts of the increased frequency of oil trains along freight line corridors, and a specific request for the county to deny the project. We just had a devastating pipeline oil spill at Refugio Beach, and pipelines are far safer than trains. For the entire California Central Coast, the Phillips 66 project poses a direct risk to the public safety and environment. In addition to possible train derailment and explosion, the proposed oil train facility will create unacceptably significant and unavoidable levels of air pollution, including toxic sulfur dioxide and cancer-causing chemicals. . fJ _; / (Jbd1~cwrJ f'A~p7VIgj~ T~Aif)/! jhof ;!lev~ ,yJo 0/wV" . 12. \p/11 ~/< Manlyn Hm:se; 0 fp£ar/, O J)O vJ jT ~ 1 f 1 J Jefl~r ~~ Sincerely,